Seth Waxman, chairman of Wilmer Cutler Pickering Hale and Dorr LLP's appellate and Supreme Court practice group, will represent the NCAA on its appeal of a federal judge's ruling that allows college athletes a share of $800 million in annual broadcast revenue, according to a court filing.
Waxman filed a notice of appearance with the federal appeals court in San Francisco yesterday. His representation of the National Collegiate Athletic Association was confirmed in an email from Brecke Latham, a spokeswoman for WilmerHale, as the firm is known.
Waxman is a former solicitor general of the US who has argued more than 65 times before the US Supreme Court, according to a statement on WilmerHale's website. Among his recent high profile cases, he has represented former Goldman Sachs Group Inc board member Rajat Gupta on the appeal of his insider trading conviction.
The NCAA lawsuit, filed in 2009 by ex-college basketball player Ed O'Bannon, challenged the treatment of students as amateurs while college basketball and football evolved into multibillion-dollar businesses, with money flowing to everyone but the players.
US District Judge Claudia Wilken in Oakland, California, ruled on August 8 in favour of the athletes. Her injunction overturning the current rule will take effect next year on August 1. Until then, the NCAA can continue applying the rule, which is designed to prevent student athletes from being paid like professionals.
The Indianapolis-based association, the governing body for most US college sports, has vowed to appeal the decision. It said in a statement earlier this month on its website that "we do not believe the NCAA has violated any antitrust laws".
