Highway to NIL

NCAA President Proposes Radical Changes to NIL Rules


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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, 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).

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Highway to NILBy Callan G. Stein, Christopher M. Brolley, Troutman Pepper Locke

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