House NIL Litigation FERPA Notice
Frequently Asked Questions
Frequently Asked Questions
Q: What is a document subpoena?
Subpoenas are typically issued by attorneys for persons who are suing or being sued. A document subpoena—like the one served on the universities in this case—is a formal written legal demand to parties in a lawsuit, or entities not involved in the lawsuit but who may possess relevant records, to produce documentation to the side who served the subpoena.
Q: How many subpoenas are at issue here, and to whom are they directed?
At this point, there is only one subpoena. It was served on the University of Oregon (UO), not on you. This information, as well as the notice you received from the Office of the General Counsel (OGC), is for your information only; you are not required to take any action.
Q: What is this case about?
The underlying case is a class action lawsuit asserting claims on behalf of certain past and present student-athletes participating in NCAA sports. The lawsuit challenges the NCAA's current and former rules regarding student-athlete name, image and likenesses ("NIL"). The current plaintiffs are NCAA student-athletes who claim that NCAA bylaws related to NIL violate federal antitrust laws. The defendants in the case are the NCAA and certain athletic conferences, including the Pac-12 Conference. The University of Oregon has not been sued and is therefore not a party to the lawsuit, but is obligated by law to respond to the subpoena.
Q: Why did I get a copy of the subpoena in the first place?
The only reason that you were contacted by the OGC is because your name is included in records the UO is required to provide to the attorneys for the plaintiffs (the side that is suing the NCAA and conferences) pursuant their demands in the subpoena. Before complying with subpoenas, UO notifies the affected student(s) so that the student(s) may move the court to “quash” (i.e., invalidate or narrow) the subpoena if they wish to. That is why you received the email from OGC.
Q: What is required of me?
No action is required by any student who received a copy of the subpoena. Rather, only UO is required to do anything in response to the subpoena.
Q: Why do the parties to the case want records about me?
Because some of the requested records are relevant to the case.
Q: Will these documents be made public? Who will get access?
No, they will not be made public. Any and all student records UO is required to provide in response to the subpoena will be subject to a “protective order.” What that means is that only a limited set of individuals—such as the parties to the case, their lawyers, expert witnesses, and the judge—will have access to the documents. The records will not be made public, and will be returned or destroyed at the conclusion of this matter pursuant to the applicable record retention schedules.
Q: Do I need to hire a lawyer?
You are under no obligation to take any action in response to the subpoena, and thus you are not required to hire a lawyer for purposes of this subpoena. That said, if you would like to object to the subpoena by filing a motion to “quash” (i.e., invalidate or narrow) the subpoena, you may want to seek legal counsel to assist you in doing so.
Please be advised that the University cannot provide you with legal advice. If you have any legal questions, you will need to consult your own attorney. If you have questions regarding the subpoena itself, you should contact the attorney for the plaintiffs:
Benjamin J. Siegel
Hagens Berman Sobol Shapiro, LLP,
715 Hearst Ave., Suite 202,
Berkeley, CA 94710
510-725-3036
