Highway to NIL

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Chris Brolley, and George Pla look at the post-House settlement landscape, including the revenue-sharing pool that allows schools to pay athletes up to 22% of athletic revenue. They examine how those payments may impact athletic budgets and nonrevenue sports, and how schools may seek to make up any shortfalls by, among other things, maximizing their media rights revenue through incentive-based agreements and exploring private capital investments.Key Topics Include:Overview of the House settlement and payments to student-athletes (3:13);Financial impact of revenue sharing payments to student-athletes on schools (7:10);How schools are balancing budgets, including potential for private equity investment (11:33);The ACC media rights lawsuit and the need to maximize media rights revenue (16:36);Incentive-based media rights arrangements (22:30). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of Highway to NIL, Troutman Pepper Locke attorney Cal Stein breaks down President Trump's "Saving College Sports" executive order. Stein highlights the order's push for new name, image, and likeness (NIL) guardrails, protection and expansion of women's and nonrevenue sports, and a crackdown on third-party pay-for-play payments. He also discusses the call for federal agencies to clarify student-athlete status, signaling possible changes ahead for college athletics governance.  Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Mike Lowe, and Brett Broczkowski delve into the latest guidance from the College Sports Commission (CSC) regarding name, image, and likeness (NIL) deals. They explore the criteria set by the CSC for evaluating NIL deals, including payer association, valid business purpose, and range of compensation. The discussion highlights the implications for associated entities, particularly collectives and boosters, and the potential shift in their roles due to the new guidelines.Key topics include:Background on the CSC (2:16);Associated payer criteria for NIL deals (4:14);Valid business purpose for NIL deals (6:41);Range of compensation for NIL deals (13:20);Possible CSC enforcement activity against student-athletes (16:00);NIL deal reporting requirements: multiyear deals and deals under $600 (19:07);Range of compensation versus fair market value (23:05). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley discuss the recent Q&A document released by the NCAA and conferences, focusing on the guidance providing clues for how enforcement may look under the College Sports Commission in the post-House settlement landscape. Among other topics, they examine the role of the College Sports Commission in investigating NIL rule violations, the arbitration process for contested penalties, and enforcement issues related to high school and transfer athletes. The episode also covers compliance with roster limits, the benefits cap, and scrutiny of third-party NIL deals involving associated entities.Topics include:Background on the Q&A document (1:48);Q&As on enforcement: The College Sports Commission and the neutral arbitration process (3:09);Potential enforcement activity: Timing of NIL offers and tampering (7:52);Potential enforcement activity: Compliance with roster limits (11:42);Potential enforcement activity: School payments to student-athletes and the benefits cap (16:30);Potential enforcement activity: Third-party NIL payments and "associated" entities/individuals (24:50). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Mike Lowe, Lu Reyes, and Philip Nickerson examine the status of the House settlement. They focus on how the settlement might impact roster limits for current student-athletes and discuss the introduction of the NCAA's new name, image, and likeness (NIL) enforcement division.Specific topics include:Current state of the House settlement (2:23);Summary of the College Sports Commission's (CSC) role in NIL enforcement (4:56);The CSC's NIL enforcement focus (7:21);Differences between CSC enforcement and the NCAA infraction procedures (12:13);Preparing compliance offices for CSC investigations and enforcement (16:00);Unique approaches to challenging CSC findings and penalties in arbitration (25:43);Impact on NIL collectives (28:00). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley discuss the recent developments in the House litigation. The episode covers the highlights and concerns raised during the final settlement hearing held by U.S. District Judge Claudia Wilken on April 7.Specific topics include:Summary of the proposed settlement terms and their implications (2:24);Judge Wilken's concerns about the impact on future student-athletes (5:50);The loss of roster spots for current student-athletes (10:18);Third-party name, image, and likeness payments and state law conflicts (16:39);Impact of Title IX on the settlement (20:13);Next steps and the timeline for addressing concerns (25:21). 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 Locke attorneys Cal Stein and Mike Lowe discuss the Trump administration's recent rescission of a Department of Education (DOE) guidance document issued by the outgoing Biden administration. The rescinded document addressed Title IX implications for NIL compensation for student-athletes. The episode explores the potential implications of this rescission and the need for legislative clarity in the NIL space.Specific topics include:Summary of the DOE guidance document and its rescission (3:04);The incoming DOE's criticisms of the guidance document (10:46);New DOE position on NIL as compensation vs. financial aid (13:07);What next? Replacement guidance or federal legislation? (18:01). 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 Locke attorneys Cal Stein and Chris Brolley discuss the guidance document issued by the Department of Education related to Title IX within the context of compensation for use of a student-athlete's NIL, as well as a statement of interest filed by the U.S. through the Department of Justice in the House v. NCAA case. Both of these developments are poised to significantly impact the resolution of the case and the future of college athletic NIL compliance.Specific topics include:Department of Education NIL Fact Sheet:Title IX obligations related to NIL publicity and NIL support services (2:22);All NIL payments (paid by school or by collective) can trigger Title IX obligations (13:39);Enforceability of DOE policy and its impact going forward (20:30);DOJ House Statement of Interest:Proposed revenue cap violates antitrust laws (25:54);Impact on possible approval of settlement (30:30);Need for collective bargaining? (34:06). 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 Locke attorneys Cal Stein, Chris Brolley, Tim Bado, and Howard Shire recap several of the most prominent NIL-related news stories from the 2024 holiday season through the start of 2025. These stories include an update on the House settlement and a new NCAA guidance document, several NIL-related civil lawsuits that were filed or decided, and a potential NCAA rule change impacting student-athlete eligibility. Join them as they delve into recent highlights you may have missed.Specific topics include:House case: settlement update, schools already starting to bring NIL "in house," and NCAA's Q&A document (3:09);Diego Pavia lawsuit: JUCO years do not count toward NCAA eligibility (12:00);Potential NCAA rule change: five years of athletics eligibility (16:54);NIL civil lawsuits: student-athletes claiming broken NIL promises and Clayton Act violations (22:49). 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 Pat Zancolli discuss the legal process related to the House settlement approval and the operational process of implementing the settlement.Specific topics include:Recap of the House case and the House settlement (2:25);Legal process for objecting to the House settlement (5:57);Implementation of the House settlement for schools and student-athletes (8:41);Impact of the House settlement on athletic roster limits and scholarships (12:17);Process for finalizing the House settlement in 2025 (18:52). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss recent updates in the House settlement process. After Judge Wilken previously declined to approve the settlement, she sent the parties "back to the drawing board" to renegotiate and revise the settlement. This installment discusses the numerous revisions the parties made to the original settlement language, including changes to the settlement distribution plan and involving the NCAA's enforcement authority.Specific topics include:Current procedural and settlement posture of the House case (2:03);Settlement revisions concerning NCAA enforcement authority: "booster" vs. "associated entity/individual" (4:47);Revisions to the settlement distribution plan governing money going to student-athletes (6:44);What happens next and what should schools be doing now? (12:31);Will the settlement be finalized soon? (15:29). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this installment, Troutman Pepper attorneys Cal Stein, Mia Marko, and Dani Clifford discuss Title IX, a longstanding federal law that applies to educational institutions, and its intersection with the evolving landscape of name, image, and likeness (NIL) rights. They also explore the potential future scenario where NCAA institutions might start paying some of their student-athletes.Specific topics include:An overview of Title IX and how it applies to college athletics (2:30);The intersection of Title IX and NIL (6:10);Current and future Title IX compliance litigation (10:35);The House settlement and Title IX (13:45);Key takeaways about Title IX's impact on NIL (21:18). 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 Pat Zancolli discuss the September 5 hearing on the proposed House settlement by U.S. District Judge Claudia Wilkin. This episode analyzes the court's concerns and what schools should be doing while the settlement remains unresolved.Specific topics include:Summary of the hearing on the House settlement (3:08);Judge Wilken's concerns with the House settlement (6:11);Interplay between Title IX and the House settlement (9:58);What happens next and will the settlement structure remain the same? (13:16); andWhat should schools be doing while the settlement is in limbo? (16:09). 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 Tim Bado discuss the recent decision by the Third Circuit Court of Appeals in the Johnson case, which considered whether student-athletes could ever be considered employees of the university. This episode analyzes the court's decision, with a particular focus on its practical impact on colleges and universities in the NIL and college athletics contexts.Specific topics include:Overview of the Johnson case (3:13);Practical impact of the Third Circuit's decision (7:52);Third Circuit's rejection of the "amateurism" model (14:35);Judge Porter's concurrence: a roadmap for schools? (17:50). 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 implications of recent changes to the NCAA transfer portal and the emerging issue of tampering in college sports.Specific topics include:Student-athlete transfer rules (3:47);Current student-athlete transfer process (7:30);What constitutes "tampering" (10:20);"Tampering" and the transfer portal (17:24);Impact of new transfer rules on "tampering" enforcement activity (21:00);How new transfer rules impact NIL (27:03). 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 and Chris Brolley discuss the NCAA's recent $2.8 billion antitrust settlement, which introduces a new revenue-sharing model and signals a shift from traditional amateurism. They also explore implications for NIL rules, the potential for student-athletes to become employees, and future legal challenges for the NCAA.Specific topics include:Background on the House case (2:30);Framework of the proposed House settlement (6:37);Does this settlement mark the end of NCAA "amateurism"? (10:40);Impact of this settlement on NIL and collectives (13:46);Addressing student-athletes becoming school employees (17:05);Implications for Title IX compliance (19:05);Does this settlement save the NCAA as an institution? (22:08); andWill this settlement finally put an end to the NCAA's legal issues? (24:14). 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 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). 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, 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). 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 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). 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); andImpact 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.