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 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).

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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 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).

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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 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).

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 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).

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, 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).

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 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).

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 December 5 letter from NCAA President Charlie Baker to NCAA Division I schools, in which Baker outlined his proposal for drastic changes to the NCAA rules framework governing educational benefits provided and compensation paid to student-athletes.

Specific topics include:

• Introduction to NCAA's new NIL proposal (2:41);
• Introduction to the three fundamental changes to NIL rules (4:36);
• Division I schools to offer any level of enhanced education benefits deemed appropriate (6:23);
• Permitting schools to enter NIL deals directly with student-athletes (9:56);
• New rules for the schools with the highest level of resources (15:14);
• NCAA's recognition of the difference between big schools/brands and small schools/brands (18:53); and
• NCAA's recognition of the need for flexibility (21:19).

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, Chris Brolley, Brett Broczkowski, and Connor DeFilippis, discuss the pending NIL antitrust case, In re College Athlete NIL Litigation.

Specific topics include:

• Overview of the current In re College Athlete NIL Litigation (2:57);
• Characteristics of the different classes of student-athletes (7:18);
• Categories of damages: video game revenue, broadcast revenue, lost third-party NIL revenue (13:08);
• Court’s class certification analysis: whether class issues “predominate” (15:12); and
• Practical impact of the court granting class certification (25:15).

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's Cal Stein, Chris Brolley, Danielle Clifford, and Patrick Zancolli discuss the U.S. Senate Judiciary Committee's October 17th hearing on Name, Image, and Likeness, and the Future of College Sports.

Specific topics include:

• The future of federal legislation governing NIL (3:06);
• Congressional preemption of student-athletes as school employees (9:02);
• Impact of student-athletes becoming employees on smaller schools (13:30);
• NIL issues for international student-athletes (16:24);
• Title IX compliance and NIL collectives (20:05); and
• Congressional warning about federal NIL regulation (22:36).

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 litigators Cal Stein, Chris Brolley, and Brett Broczkowski discuss a recent NCAA FAQ guidance memorandum regarding certain NIL activities.

Specific topics include:

• Overview of New NCAA NIL Guidance Memo (2:09);
• Question 1 – NIL Activities of “Closely Associated” Entities (3:28);
• Question 2 – Booster/Collective Contact With Prospective Student Athletes (6:34);
• Question 3 – University Provision of Benefits to Boosters (8:49);
• Question 4 – Conditioning of NIL on Institutional Attendance (11:03);
• Question 5 – Indirect Payments for Participation in Athletic Competitions (12:30); and
• Question 6 – Primacy of NCAA NIL Guidance Over State NIL Laws (14:29).

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