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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). -
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). -
Saknas det avsnitt?
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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 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). -
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). -
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). -
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). -
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). -
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). - Visa fler
