Jeffrey Kessler, a partner and Co-Executive Chairman at Winston & Strawn, has been recognized in Bloomberg Law’s Unrivaled 2025 for his pivotal role in negotiating a significant settlement with the National Collegiate Athletic Association (NCAA). This settlement addresses three antitrust class actions: Hubbard v. NCAA, House v. NCAA, and Carter v. NCAA, which Kessler led alongside Hagen Berman’s Steve Berman. The resolution promises nearly $2.8 billion for current and former college athletes and foresees $20 billion in new payments and benefits to Division I athletes over the next decade.
The legal journey that culminated in this substantial settlement began over a decade ago, with a noteworthy Supreme Court victory in Alston v. NCAA affirming the trial verdict that struck down NCAA restraints on education-related benefits in a 9-0 ruling. This case laid the groundwork for the subsequent House and Hubbard litigations. Both targeted the NCAA’s restrictions, the former on Name, Image, and Likeness rights and the latter on education-related benefits, threatening to extract more than $12 billion in trebled damages from the NCAA. According to Bloomberg Law, these cases played a critical role in catalyzing the landmark settlement that ultimately led to systemic changes in NCAA compensation policies.
Discussing the hurdles in this multi-faceted litigation, Kessler highlighted the extensive negotiations required to secure the court’s approval for the settlement. Despite some class member objections, the court approved the agreement after additional protections were added to safeguard athletes affected by new roster limits mandated by the settlement terms.
Kessler attributes his passion for trial law to his involvement in McNeil v. NFL, an antitrust case that established free agency for NFL players. Reflecting on this experience, he emphasized that effectively persuading a jury or judge requires articulating a clear and compelling story, simplifying complex facts and legal arguments, and maintaining trust and credibility throughout the proceedings.
For aspiring trial lawyers, Kessler advises developing a personal style and crafting strong narratives that resonate with juries and judges while ensuring thorough preparation and unwavering credibility.