Highway to NIL

State AGs File NIL Antitrust Lawsuits


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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, 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).

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

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