SCLAWYERSWEEKLY.COM VOLUME 20 NUMBER 16 ■
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GAME CHANGER
New US attorney for District of South Carolina sworn in ■ BY CHRISTINA LEE KNAUSS cknauss@scbiznews.com
dress name, image and likeness (NIL) matters. However, it has been widely seen as a shot across the bow to the National Collegiate Athletic Association’s longstanding restrictions that have previously limited amateur athletes’ opportunities to profit off their fame. Of particular import was a concurring opinion by Justice Brett Kavanaugh which indicated that, although Alston only dealt with a limited set of concerns, future litigation is likely to widen the ramifications of its decision noting that the NCAA’s “current compensation regime raises serious questions.”
Adair Ford Boroughs was sworn in July 26 as United States Attorney for the District of South Carolina. She was nominated by President Biden on June 6 and confirmed by the U.S. Senate on July 21, according to a press release from the U.S. Attorney’s Office. U.S. District Richard M. Gergel administered the oath of office in a ceremony at the federal courthouse in Charleston. Her investiture ceremony will take place at a later date. “I am incredibly excited and honored to return to the Department of Justice as the U.S. Attorney for the District of South Carolina,” Adair Boroughs said in the Boroughs release. “The team at the U.S. Attorney’s Office is incredibly talented, dedicated and committed to the mission. I look forward to digging in and doing the work alongside them, as well as alongside our law enforcement partners and our communities.” Boroughs is now the chief federal law enforcement officer responsible for federal criminal prosecutions and civil litigation in the District of South Carolina. She will supervise 61 assistant U.S. attorneys, 75 support staff and 13 contract staff. The office prosecutes a wide variety of federal crimes including narcotics and firearms cases, human trafficking, securities fraud, terrorism and civil rights violations. Prior to her confirmation, Boroughs was a partner at Boroughs
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Last year’s U.S. Supreme Court ruling regarding NCAA policies on compensation of students continues to have broad implications in North and South Carolina, as legislatures and law firms try to sort out a patchwork of actions. Photo via Pexler
Name, image and likeness challenges the legal industry ■ BY DAVID BAUGHER Correspondent
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hat’s in a name? For some amateur athletes, the answer may be defined in dollars and cents, thanks to court cases and legislative efforts that are fast changing the rules of the once-staid world of university athletics. Last year’s U.S. Supreme Court ruling regarding NCAA policies on compensation of students may have been limited in scope but it continues to have broad implications, including on issues related to an athlete’s ability to capitalize financially on their own notoriety. “Because of the way that the de-
cision was interpreted, it led everyone to kind of jump to this conclusion that the NCAA doesn’t have the same powers to regulate individual student athletes’ commercialization of their name image and likeness,” said William “Corky” Klett III, an intellectual property attorney with Burr & Forman in Charleston and Columbia. In NCAA v. Alston, the high court found that the association, with its billion-dollar revenue stream, is not exempt from the Sherman Act, a late-19th Century antitrust law intended to promote competition. The unanimous decision, which has prompted ongoing changes in NCAA policies, did not directly ad-
Law firm recognized for anti-drunk driving efforts ■ BY JASON THOMAS jthomas@scbiznews.com The SC Bar has recognized David Lail, partner at Yarborough Applegate Law Firm, for his role in the 2022 Law Enforcement Recognition Dinner and Training Symposium, hosted by MADD South Carolina, a news release stated. Held in North Charleston, the event was organized to express gratitude and appreciation for law enforcement who work tirelessly to keep our roads safe, according to the release. As part of the inaugural event, Lail estab-
lished the first-ever Dram Shop Justice Award to honor an officer who has displayed a commitment to victims of drunk driving through the identification of irresponsible establishments that break the law by over-serving alcohol and putting drunk drivers on our roads and our communities at risk, the release stated. The inaugural recipient of the Dram Shop Justice Award was Lieutenant Bryan C. Ridgeway of the South Carolina Law Enforcement Division (SLED), who went beyond the call of duty in his investigation of a drunk driving crash that took the life of Lail’s clients’ son,
according to the release. “Witnessing my clients meet and embrace Lt. Ridgeway, the officer whose work helped change the course of their lives after experiencing such an incredible loss, was one of those unforgettable moments in life,” Lail said in the release. “There are very few times where something truly comes full circle — this was one of them. I was humbled to be a part of it.” As part of the 2022 MADD Law Enforcement Recognition Dinner and Training Symposium, See Anti-Drunk Page 6 ►
INSIDE VERDICTS & SETTLEMENTS
VERDICTS & SETTLEMENTS
NEWS
Motorcyclist settles crash claim for $1.2 million
Estate of drowning victim awarded nearly $24 million
U.S.Attorney’s office names second in command in SC
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