Highway to NIL

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss the September 5 hearing on the proposed House settlement by U.S. District Judge Claudia Wilkin. This episode analyzes the court's concerns and what schools should be doing while the settlement remains unresolved.

Specific topics include:

• Summary of the hearing on the House settlement (3:08);
• Judge Wilken's concerns with the House settlement (6:11);
• Interplay between Title IX and the House settlement (9:58);
• What happens next and will the settlement structure remain the same? (13:16); and
• What should schools be doing while the settlement is in limbo? (16:09).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, and Tim Bado discuss the recent decision by the Third Circuit Court of Appeals in the Johnson case, which considered whether student-athletes could ever be considered employees of the university. This episode analyzes the court's decision, with a particular focus on its practical impact on colleges and universities in the NIL and college athletics contexts.

Specific topics include:

• Overview of the Johnson case (3:13);
• Practical impact of the Third Circuit's decision (7:52);
• Third Circuit's rejection of the "amateurism" model (14:35);
• Judge Porter's concurrence: a roadmap for schools? (17:50).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, and Chris Brolley discuss the implications of recent changes to the NCAA transfer portal and the emerging issue of tampering in college sports.

Specific topics include:

• Student-athlete transfer rules (3:47);
• Current student-athlete transfer process (7:30);
• What constitutes "tampering" (10:20);
• "Tampering" and the transfer portal (17:24);
• Impact of new transfer rules on "tampering" enforcement activity (21:00);
• How new transfer rules impact NIL (27:03).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein and Chris Brolley discuss the NCAA's recent $2.8 billion antitrust settlement, which introduces a new revenue-sharing model and signals a shift from traditional amateurism. They also explore implications for NIL rules, the potential for student-athletes to become employees, and future legal challenges for the NCAA.

Specific topics include:

• Background on the House case (2:30);
• Framework of the proposed House settlement (6:37);
• Does this settlement mark the end of NCAA "amateurism"? (10:40);
• Impact of this settlement on NIL and collectives (13:46);
• Addressing student-athletes becoming school employees (17:05);
• Implications for Title IX compliance (19:05);
• Does this settlement save the NCAA as an institution? (22:08); and
• Will this settlement finally put an end to the NCAA's legal issues? (24:14).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein and Mia Marko discuss the implications of the recent preliminary injunction issued against the NCAA, which enjoins the NCAA from enforcing certain NIL restrictions on student-athlete recruitment activities. They discuss the NCAA's response to this ruling and potential future enforcement of NIL rules.

Specific topics include:

• An overview of the Tennessee Federal Court's order on NIL (3:02);
• The NCAA NIL rules affected and those not affected by the Tennessee court order (5:38);
• Possible NCAA enforcement of the "NIL Recruiting Ban" against institutions (9:34);
• NCAA enforcement of October 2022 NIL Guidance: permissible and impermissible institutional support for NIL activities (12:44);
• How the NCAA could pivot its enforcement activity: the quid pro quo requirement (17:46);
• How the NCAA could pivot its enforcement activity: NIL compensation from institutions (23:32);
• Strategies for institutions to mitigate NIL enforcement risk (26:16).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, Howard Shire, and Connor DeFilippis discuss the NCAA's March 1 memo, responding to the recent preliminary injunction issued against the NCAA. This injunction enjoins the NCAA from enforcing certain name, image, and likeness (NIL) restrictions on student-athlete recruitment activities.

Specific topics include:

• NCAA Memo Part I: Settlement overtures? What might a permanent NIL injunction look like? (3:24);
• NCAA Memo Part II: The NCAA is "pausing" NIL enforcement actions related to third parties. What should institutions do? (8:35);
• NCAA Memo Part III: NIL restrictions not subject to injunction remain in effect. Will the NCAA pivot to enforcing those? (16:36);
• NCAA Memo Part IV: The "practicality" of the NCAA's response to the injunction. Is this response "practical"? (24:30);
• NCAA Memo Part V: The pending Division I council proposal to create a new college athletics "subdivision." Does the injunction make it more likely to pass? What about Title IX and student-athlete employment? (27:26); and
• NCAA Memo Part VI: Who stands to benefit from the NCAA's actions and proposals? (32:35).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein and Mike Lowe discuss the recent preliminary injunction a federal court in Tennessee issued against the NCAA, which enjoins the NCAA from enforcing certain NIL restrictions on student-athlete recruitment activities. The court issued the injunction because it found that the NIL rules in question violated U.S. antitrust laws.

Specific topics include:

• Overview of the Tennessee and Virginia attorney general lawsuit and preliminary injunction (1:47);
• Court Finding #1: The NCAA's NIL recruiting ban likely violated U.S. antitrust laws (3:45);
• Court Finding #2: The NCAA's NIL recruiting ban caused irreparable harm to student-athletes (9:42);
• Which NIL rules the court enjoined and which remain in effect (16:30);
• Possible NCAA responses to the preliminary injunction (19:56);
• The impact of the preliminary injunction on state NIL laws (23:00); and
• Whether this marks the "end" of NIL as we know it (25:22).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Connor DeFilippis discuss recent NIL antitrust lawsuits filed by state attorneys general (AG).

Specific topics include:

• Ohio v. NCAA: an antitrust lawsuit attacking NCAA transfer rules (3:39);
• Tennessee v. NCAA: an antitrust lawsuit attacking NCAA NIL rules (7:18);
• The turning of the tide: the use of antitrust laws to chip away at the NCAA's authority (10:50);
• The political impact of these AG lawsuits (15:20);
• Potential consequences if these AG lawsuits are successful (17:40);
• Could we see future AG challenges to other NCAA rules? (20:18); and
• Impact of federal legislation on AG challenges (23:15).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Howard Shire, and Patrick Zancolli discuss their 2024 NIL predictions.

Specific topics include:

• Prediction #1: NIL enforcement will be on the rise in 2024 (2:16);
• Prediction #2: Student athletes will continue to use the transfer portal to maximize their value (5:50);
• Prediction #3: Federal NIL legislation will have to wait at least one more year (9:56);
• Prediction #4: The U.S. Supreme Court will address student-athlete employment by schools (12:33); and
• Prediction #5: The NCAA will continue to focus on reigning in collectives and boosters (16:33).

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, and Chris Brolley discuss the NCAA Division I Council's approval of NIL disclosure and transparency rules aimed at protecting student-athletes and permitting schools to support certain NIL activities.

Specific topics include:

• Introduction to the NCAA's new NIL proposal (2:20);
• Voluntary registration process for NIL service providers (3:37);
• Disclosure requirements for student-athletes (6:36);
• Standardized contracts for NIL agreements (10:31);
• NIL education plan (12:41);
• Introduction to proposal for school involvement in NIL activities (13:12);
• School support of NIL activities (13:53);
• School support of NIL entities (18:33); and
• School involvement in prospective student-athletes (21:51).