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 Locke attorneys Cal Stein and Mike Lowe discuss the Trump administration's recent rescission of a Department of Education (DOE) guidance document issued by the outgoing Biden administration. The rescinded document addressed Title IX implications for NIL compensation for student-athletes. The episode explores the potential implications of this rescission and the need for legislative clarity in the NIL space.

Specific topics include:

• Summary of the DOE guidance document and its rescission (3:04);
• The incoming DOE's criticisms of the guidance document (10:46);
• New DOE position on NIL as compensation vs. financial aid (13:07);
• What next? Replacement guidance or federal legislation? (18:01).

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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 Locke attorneys Cal Stein and Chris Brolley discuss the guidance document issued by the Department of Education related to Title IX within the context of compensation for use of a student-athlete's NIL, as well as a statement of interest filed by the U.S. through the Department of Justice in the House v. NCAA case. Both of these developments are poised to significantly impact the resolution of the case and the future of college athletic NIL compliance.

Specific topics include:

• Department of Education NIL Fact Sheet:
  • Title IX obligations related to NIL publicity and NIL support services (2:22);
  • All NIL payments (paid by school or by collective) can trigger Title IX obligations (13:39);
  • Enforceability of DOE policy and its impact going forward (20:30);
• DOJ House Statement of Interest:
  • Proposed revenue cap violates antitrust laws (25:54);
  • Impact on possible approval of settlement (30:30);
  • Need for collective bargaining? (34:06).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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 Locke attorneys Cal Stein, Chris Brolley, Tim Bado, and Howard Shire recap several of the most prominent NIL-related news stories from the 2024 holiday season through the start of 2025. These stories include an update on the House settlement and a new NCAA guidance document, several NIL-related civil lawsuits that were filed or decided, and a potential NCAA rule change impacting student-athlete eligibility. Join them as they delve into recent highlights you may have missed.

Specific topics include:

• House case: settlement update, schools already starting to bring NIL "in house," and NCAA's Q&A document (3:09);
• Diego Pavia lawsuit: JUCO years do not count toward NCAA eligibility (12:00);
• Potential NCAA rule change: five years of athletics eligibility (16:54);
• NIL civil lawsuits: student-athletes claiming broken NIL promises and Clayton Act violations (22:49).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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 legal process related to the House settlement approval and the operational process of implementing the settlement.

Specific topics include:

• Recap of the House case and the House settlement (2:25);
• Legal process for objecting to the House settlement (5:57);
• Implementation of the House settlement for schools and student-athletes (8:41);
• Impact of the House settlement on athletic roster limits and scholarships (12:17);
• Process for finalizing the House settlement in 2025 (18:52).

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In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss recent updates in the House settlement process. After Judge Wilken previously declined to approve the settlement, she sent the parties "back to the drawing board" to renegotiate and revise the settlement. This installment discusses the numerous revisions the parties made to the original settlement language, including changes to the settlement distribution plan and involving the NCAA's enforcement authority.

Specific topics include:

• Current procedural and settlement posture of the House case (2:03);
• Settlement revisions concerning NCAA enforcement authority: "booster" vs. "associated entity/individual" (4:47);
• Revisions to the settlement distribution plan governing money going to student-athletes (6:44);
• What happens next and what should schools be doing now? (12:31);
• Will the settlement be finalized soon? (15:29).

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In this installment, Troutman Pepper attorneys Cal Stein, Mia Marko, and Dani Clifford discuss Title IX, a longstanding federal law that applies to educational institutions, and its intersection with the evolving landscape of name, image, and likeness (NIL) rights. They also explore the potential future scenario where NCAA institutions might start paying some of their student-athletes.

Specific topics include:

• An overview of Title IX and how it applies to college athletics (2:30);
• The intersection of Title IX and NIL (6:10);
• Current and future Title IX compliance litigation (10:35);
• The House settlement and Title IX (13:45);
• Key takeaways about Title IX's impact on NIL (21:18).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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).

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