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).

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 litigator Mia Marko interviews University of North Carolina's new Women's Head Field Hockey Coach Erin Matson about her perspectives and experiences related to NIL as both a player and a new head coach.

As one of the most decorated athletes in UNC history, Matson won five ACC titles and four NCAA championships in her five seasons at UNC. She received the Honda Sports Award three times, and the ACC recognized her as the ACC Player of the Year and ACC Offensive Player of the Year every season she played at UNC. Matson finished her career as the all-time leading scorer in both ACC history and NCAA tournament play, and she was recently named as one of the top 10 female athletes in ACC conference history. In addition to her impressive career as a field hockey player, Matson now serves as one of the youngest head coaches in the county and one of the only coaches with personal experience navigating NIL deals as a player.

Specific topics discussed in her interview include:

• Matson's experience as one of the top high school players in the county, navigating the recruiting process pre-NIL (3:30);
• Matson's insight on navigating NIL deals as a player and teammate (9:20);
• Matson's perspective on how NIL opportunities benefit female athletes and female athletics more broadly (16:25); and
• Matson's outlook on navigating NIL as a new head coach (27:27).

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 and Chris Brolley discuss NCAA President Charlie Baker's recent comments on the state of NCAA NIL policies and priorities. Specific topics include:

• Who Is New NCAA President Charlie Baker? (2:43);
• Lying and the Wild West: Baker's Concerns About NIL (6:59);
• Consumer Protection: Baker's Views on the Biggest NIL Challenges (13:42);
• NIL Noise: Schools Asking Baker for More NIL Rules (16:55);
• The Feds: Does Baker Want/Expect Federal NIL Legislation or Does He Have Other Plans? (19:50); and
• Accessibility and Accountability: Baker's Initial Ideas for NIL Transparency (26:10).

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. It 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 Mia Marko discuss the recent NCAA NIL enforcement action against the University of Miami. Specific topics include:

• Background on the University of Miami's NIL Violation (3:23);
• The NCAA's Enforcement Action and Punishments (5:53);
• The NCAA's Focus on Punishing the Institution for an Inducement (11:04);
• Key Takeaway #1: Impact of the NCAA's New Charging Standard (13:12);
• Key Takeaway #2: A Significant NCAA Warning to Boosters (15:29);
• Key Takeaway #3: Limited Precedential Value of the Enforcement Action (16:45);
• Key Takeaway #4: NCAA Scrutiny on Coaches' Conduct (18:20); and
• Key Takeaway #5: Enforcement Activity Regarding the Transfer Portal (20:34).

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 Samuel Hatcher review key takeaways from the NCAA's recently issued memorandum, which addresses the standard of review for NIL violations. Specific topics include:

• Background on NCAA Memorandum (2:30);
• NCAA Charging Standard and the "Presumption" of NIL Violations (4:50);
• Factors Bearing on the "Presumption" of NIL Violations (7:12);
• Overview of NCAA NIL Infractions Process: Investigation, Charging, and Adjudication (9:43);
• Key Points from NCAA VP of Enforcement Jon Duncan's Comments on NIL Enforcement (15:40);
• Practical Takeaways From the Memorandum (18:50); and
• Renewed Importance of Implementing a NIL Compliance Program (22:20).

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 enacted and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys generals, and other regulators may investigate and punish schools for NIL violations.

Episode 4: NCAA Issues New Clarifications to Its Interim NIL Policy

In this fourth installment, Troutman Pepper litigators Cal Stein, Chris Brolley, and Mia Marko discuss the very recently released NCAA guidance that clarifies its interim NIL policy. The NCAA breaks down this new clarifying guidance into several sections, offering exemplary dos and don'ts for each.

Podcast Sections

• Introduction/Structure of the NCAA Clarifying Guidance (2:30)
• Institutional Support for Student NIL Activity (7:59)
  • Permissible Facilitation and Assistance (9:21)
  • Impermissible Facilitation and Assistance (14:55)
• Institutional Support for NIL Entity/Collective (16:04)
  • Permissible Facilitation of Contributions to NIL Entity/Collective (17:36)
  • Impermissible Contributions to NIL Entity/Collective (19:21)
• Negotiations, Revenue Sharing, Compensation (20:38)
• Key Takeaways (22:50)

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 generals, and other regulators may investigate and punish schools for NIL violations.

Episode 3: NIL Enforcement

In this third installment, Troutman Pepper litigators Cal Stein and Chris Brolley discuss the current state of NIL enforcement, as well as the potential future of NIL enforcement and regulation. Specific topics include:

• Current State of NIL Enforcement (0:56)
• NCAA Enforcement Letter (3:56)
• What's Next: Predictions for Future NIL Enforcement Activities
  • Use of "Circumstantial Evidence" to Prove an "Inducement" (6:10)
  • NIL Payments Exceeding Fair Market Value (9:16)
  • NIL Deals That Involve Institutions and/or Boosters (12:19)
  • Timing of NIL Deals and School Enrollment (14:05)

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.

Episode 2: State Laws on NIL

Join Troutman Pepper litigators Cal Stein and Chris Brolley for a podcast series analyzing the legal landscape surrounding NIL rights for student athletes. 

In this second installment, we analyze the myriad state laws associated with NIL rights and laws, including common elements and differences across states. Specific topics include:

• Overview of State NIL Legislation (0:54)
• Common Elements in State NIL Laws
• Fair Market Value for NIL Compensation (5:33)
• Compensation From Boosters/Third Parties (7:24)
• Institutional Facilitation of NIL Opportunities (8:27)
• Student Athlete Use of Institutional IP (10:18)
• Timing of NIL Deals (11:31)
• Limits on Professional Representation (Agents) (12:57)
• Jurisdiction: Which State Laws Apply (13:40)
• Conflicts Between State Laws and NCAA Guidance (16:38)

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.

Join Troutman Pepper litigators Cal Stein and Chris Brolley for a podcast series, analyzing the legal landscape surrounding NIL rights for student athletes. 

In this first installment, we delve deep into the current NCAA guidance on NIL rights and laws. Specific topics include:

• How We Arrived Here: A Brief History of the NIL (2:11)
• The NCAA Interim Policy on the NIL (3:53)
• NCAA Guidance on Third-Party Involvement in the NIL (Boosters) (9:23)
• NIL Deals for International Students (13:18)