Since July 2021 when the NCAA opened the floodgates with its interim policy, Name, Image, and Likeness - or “NIL” as it is more commonly referred to - has been a hot topic.  Unfortunately, while NIL is constantly being seen on social media or when watching press conferences where college football coaches are responding to allegations made by other coaches about it’s unfair use in recruiting or the transfer portal, there is not much clarity or information out there for the student athlete or their family to rely upon.

In this episode, Will McGuffey sits down with NIL expert David Fleshman, who is a partner at the Breazeale, Sachse, & Wilson law firm in Louisiana and an Adjunct Professor of Sports Law at the LSU Paul M Hebert Law Center, to discuss the background and basics of NIL and how it affects amateur athletes.

With everyone asking questions about making money while maintaining eligibility as an amateur athlete, Will and David discuss what an athlete and their family should do as well as where they can look for guidance.Whether you are a high school athlete or a current collegiate athlete, there are several steps that should be taken to ensure you stay compliant and protect your athletic eligibility.  In the constantly evolving NIL world, everyone should understand that each state, university, conference, or high school athletic association could possibly have different rules that will need to be understood and followed.  With every individual’s situation being different, David discusses the importance of knowing where to look and what resources should be utilized to maintain eligibility.

Episode Highlights

• 2:20 : What is NIL?
• 6:25 : What is the history of NIL for athletes participating in NCAA sports?
• 11:20 : What rules has the NCAA placed on athletes regarding NIL?
• 12:35 : A guide on where an athlete should look for guidance on what laws and rules are applicable to them.
• 16:20 : Do NCAA Conferences have any rules that need to be looked at when entering an NIL deal?
• 17:50 : What should a high school athlete who wants to enter an NIL deal do?
• 19:35 : Will an NIL deal from high school affect college eligibility?
• 21:40 : Are there different laws in different states and how can these affect eligibility?
• 25:50 :  NCAA rules against “pay to play” and how NIL is different.
• 30:00 : “Collectives” at NCAA schools and how they are used.
• 33:30 : Where should an athlete look to find state and school rules?

If you have any questions or would like to reach out to David or Will directly, please email them at:

David Fleshman – David.Fleshman@bswllp.com

Will McGuffey – WMcGuffey@AWMCap.com