Afleveringen
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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 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). -
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); andNCAA Memo Part VI: Who stands to benefit from the NCAA's actions and proposals? (32:35). -
Zijn er afleveringen die ontbreken?
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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); andWhether this marks the "end" of NIL as we know it (25:22). -
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); andImpact of federal legislation on AG challenges (23:15). -
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); andPrediction #5: The NCAA will continue to focus on reigning in collectives and boosters (16:33). -
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); andSchool involvement in prospective student-athletes (21:51). -
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); andNCAA's recognition of the need for flexibility (21:19). -
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); andPractical impact of the court granting class certification (25:15). -
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); andCongressional warning about federal NIL regulation (22:36). -
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); andQuestion 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); andMatson'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); andAccessibility 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); andKey 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); andRenewed 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 ActivitiesUse 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 LawsFair 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)
