Mit Winter
@WinterSportsLaw
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Attorney at Kennyhertz Perry LLC ⚖️ | College Athletics Attorney | NIL | Sports Law | Business Litigation | Former Division I 🏀 player for @WMTribeMBB .
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Pinned Tweet
Virginia now has the nation’s most progressive
#NIL
law.
Thanks to David for reaching out to discuss it and what it will allow Virginia schools to do.
Prominent sports attorney and former
@WMTribeMBB
standout
@WinterSportsLaw
outlines benefits of Virginia’s new NIL law. ⬇️
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This was a novel NIL moment.
The head coach of Indiana’s women’s 🏀 team wore a sweatshirt with the NIL of IU player Grace Berger during a game last night.
Sales then skyrocketed.
The NCAA’s newest guidance allows schools/employees to promote an athlete’s NIL activity.
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Auburn football players are averaging $7400 per month in NIL payments.
It appears Auburn’s NIL collective, On To Victory, is doing a very good job of creating NIL opportunities for the football team.
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A new bill has been filed in South Carolina that would allow D1 schools generating at least $50 million in athletics revenue per year to pay football and men’s and women’s basketball players stipends based on the time spent on their sport.
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Here’s the letter that NC’s AG sent to the NCAA regarding Tez Walker.
The AG claimed the NCAA’s transfer rules violate antitrust law, and that he was considering opening an investigation with other state AGs and pursuing litigation.
Seems this may be the “new information.”
Here is copy of the letter:
Tez Walker timeline: Key dates in UNC receiver's eligibility dispute with NCAA
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This sounds like a school that’s laying the groundwork to leave the ACC.
#UNC
Board of Trustees chair John Preyer offered his thoughts on realignment, financial challenges, and the Board of Governors policy change. "I think that we all need to just realize that it's a new day in college athletics ..." Story:
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As data on NIL deals continues to show, the NCAA has vastly under marketed women’s basketball as a sport.
In the first 6 months of NIL, these sports are leading NIL compensation.
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TRO has been granted.
NCAA can’t enforce its transfer waiver rules.
It’s in effect for 14 days.
Huge ruling.
A reminder that a federal court may effectively prevent the NCAA from enforcing its transfer waiver rules this morning.
The hearing begins in an hour.
Info on how to listen is at this link.👇
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Huge news in the House v NCAA case.
The Court granted all 3 damages classes.
NCAA is now facing a potential judgment in the multiple billions of $$.
The case is also seeking to eliminate all
#NIL
compensation restrictions.
Order at the link.
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The NCAA has two remaining rules relating to NIL deals: (1) they can’t be “pay for play”, and (2) they can’t be used as recruiting inducements.
It appears the reported FedEx deal violates the 2nd rule, as it was used to recruit both Bates and Duren.
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Dawn Staley’s approach to NIL should be applauded.
She knows the players play a big role in her receiving the financial compensation she receives.
So she’s doing what she can to make sure the players are also receiving as much compensation as possible.
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The NCAA has been sued again.
RaeQuan Battle filed a complaint relating to denial of his transfer waiver.
The most interesting of the 12 counts is that the NCAA tortiously interfered with his
#NIL
agreement with collective
@CountryRdsTrust
.
Complaint👇
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This is another huge loss for the NCAA.
The NCAA now cannot enforce its
#NIL
rules/guidelines that prohibit athletes from negotiating NIL deals with third parties, including collectives and boosters, before they commit to a school.
Full order at link.
Judge Clifton L. Corker has granted the preliminary injunction against the NCAA in the NIL lawsuit filed by the attorneys general of Tennessee and Virginia.
More via
@PeteNakos_
:
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Here we go, Florida St is going to start the process of challenging the ACC grant of rights and leaving the conference.
As Ross noted, I’d expect FSU to file a declaratory judgment action.
Sovereign immunity issues will play a big part in this.
At a meeting Friday, FSU Board of Trustees will discuss the Seminoles’ conference future, and the result of the meeting is expected to produce a legal filing serving as an initial step in an exit from ACC’s Grant-of-Rights, sources tell
@YahooSports
.
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Here’s the thing.
You can’t force someone who you claim is just a “student” to play in a game.
And you can’t even really incentivize them under NCAA rules.
If college athletics wants to try and ensure that players play in certain games it needs a new model.
Kirby Smart: “People need to look what happened tonight and they need to fix this.”
Strong words on the opt outs…
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Jay is right.
The NCAA still wants to maintain “amateurism.”
It wants to treat college athletes like employees and unilaterally control their compensation, but not allow them the rights granted to employees.
That doesn’t work under the law.
We know what the solution is.
ESPN college basketball analyst Jay Bilas believes there’s a way to fix the exodus of college coaches departing for pro ranks and NIL pay-for-play issues — deem athletes as employees.
Story:
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Jim Harbaugh continues to speak out in favor of revenue sharing with college athletes.
More coaches should do the same.
Just like Harbaugh said, they know the athletes are who “everyone comes to see” and “are the people who put in the work” on the field.
Speaking to ESPN in front of a national audience, Jim Harbaugh again brought up revenue sharing.
"As you make those comments, I want you to remember — it's the players. Don't forget to give them a share of the revenue."
Story via
@PeteNakos_
:
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Some important excerpts from the Tennessee chancellor’s letter to the NCAA.
-accuses NCAA enforcement of trying to bully schools back to a time before the Alston decision, and resisting athlete compensation.
She says this will lead to lawsuits.
Hint
#1
a lawsuit is coming.
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Here is probably the biggest issue with high level college athletics that no one has addressed during this hearing.
Schools/NCAA want to continue running professional sports teams without having to treat the athletes like professionals/employees.
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The Virginia house and senate passed a bill that would amend the state’s
#NIL
law.
It was sent to the governor for signature last week with an April 8 action deadline.
Significantly, it will allow schools to directly pay NIL compensation to athletes starting Nov 15, 2024.
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The NCAA says it will not enforce its rule requiring multi-time transfers to obtain a waiver to play right away, after federal court enjoins the rule.
All multi-time transfers can now play without a waiver.
The state AGs really did a number on the NCAA today.
NCAA statement in wake of TRO on transfer restrictions: "As a result of today's decision impacting Division I student-athletes, the Association will not enforce the year in residency requirement for multi-time transfers and will begin notifying member schools."
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Wow, this is big college athletics news.
The US Department of Justice has joined the federal lawsuit filed by 7 state AGs against the NCAA, seeking to eliminate NCAA transfer rules.
In addition, MN, MS, VA, and DC have joined as well.
11 state AGs are now backing the case.
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As a former Division I scholarship basketball athlete who is also a practicing sports law attorney (there aren't many of us), the Alston arguments before SCOTUS today were very interesting. My educated guess is that the court affirms the 9th circuit's decision 6-3.
THREAD
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A look at the first
#NIL
NASCAR from yesterday’s race at the Kansas Speedway, featuring 11
@KUAthletics
male and female athletes.
Pretty awesome.
Nice work to all involved.
@BeONE_Sports
@Mass_StNIL
@JDMotorsports01
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Here is the NCAA’s latest NIL guidance.
This round of guidance is aimed at clarifying the permitted level of institutional involvement in NIL activities.
There are a number of schools currently violating various parts of this guidance.
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Sovereign immunity is a huge issue that isn’t discussed much when considering whether conference GOR agreements are enforceable.
As state entities, public universities enjoy the protection of state sovereign immunity laws.
Makes enforcement of GORs tricky and expensive.
Interestingly, the ACC Grant of Rights Agreement does not contain a “choice of law” provision. Assuming Florida law would apply to a dispute with FSU, the Florida legislature could arguably do what Texas did to Mike Leach and make FSU immune from liability for breach of contract.
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I think this is the future of
#NIL
. USC has entered an agreement with media agency Stay Doubted that will provide every USC athlete with representation in seeking out NIL deals.
The agreement will also provide athletes with access to tax and legal help.
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@PJGreenTV
Every player would love to play for a coach like this.
Too many coaches think they’re curing cancer and there’s no fun or joy allowed.
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Some advice for new NIL collectives: I’ve seen a number of you state your purpose is to retain players.
Everyone knows that’s what happening with many deals.
But since it’s against NCAA rules you might not want to put it in writing, your Twitter bio for example.
Just sayin’🙂
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Virginia’s
#NIL
bill, which allows schools to make direct NIL payments to athletes, will be signed by the governor this week.
The law will go into effect either July 1 or Nov 15.
As with other state NIL laws/bills, schools pushed for this law which overrides NCAA rules.
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Another state AG is threatening action against the NCAA.
The Ohio AG’s letter is similar to the NC’s AG letter in the Tez Walker situation.
“In essence, the NCAA has imposed a sweeping, unilateral, one-year non-compete restriction, in violation of both state and federal law.”
NEW: Ohio’s Attorney General
@DaveYostOH
is threatening legal action against the NCAA, after Cincinnati transfer Aziz Bandaogo was declared ineligible.
“That decision strikes me as wrong—and likely illegal.”
📺 Details:
#Bearcats
@WCPO
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Regardless of whether the membership supports the rules or not, the real issue is that the rules likely violate antitrust law.
Statement from NCAA related to the Tennessee case and lawsuit.
Reiterates what it has said before, that it's just enforcing the rules the schools have asked it to enforce.
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This is a great podcast with Va Tech’s AD.
He tells donors if they want to win then give to NIL. It’s less expensive than giving for facilities and has a greater impact.
Also says he’s in favor of a rev share model where a % of revenue goes to athletes.
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Interesting lawsuit filed today by St John’s basketball players Chris Ledlum and Jordan Dingle against the NCAA.
They allege violations of NY antitrust and NIL laws relating to the NCAA denying their request to play a 5th year.
Complaint at link.👇
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I’m honored that I have been recognized by
@BestLawyers
as one of the best lawyers in America for sports law.
Thanks to my peers for the recognition and to my clients for allowing me to work with you.
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I find it humorous the NCAA tries to enforce a policy that says
#NIL
can’t be used as a recruiting/retainment inducement.
While every head coach says he needs more NIL $ for recruiting.
Can we just stop pretending and get to a model that allows payment for athletic performance?
NC State coach Dave Doeren calls for fans to donate to
@SavageWolvesNIL
@packofwolvesnil
. Asks for 5,000 fans to donate $1,000 apiece so we can "recruit, retain and develop." Calls coming week "maybe the worst week in college football" with portal opening.
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For those paying attention to college athletes as employees and how that will look, consider how medical residents are treated under federal labor law.
They’re classified as both students and employees.
And often unionize and collectively bargain.
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A really interesting article about Aaron Estrada’s transfer from Hofstra to Alabama.
Hofstra head coach Speedy Claxton persuaded Estrada to transfer so he could financially support his family via
#NIL
money, and even helped him find his new team.
A very progressive mindset.
Aaron Estrada’s Alabama ascension also March Madness boon for Hofstra
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Athletes (high school recruits and transters) and collectives can now negotiate NIL deals as part of the recruiting process.
Athletes: you better have good representation now, that can help you negotiate.
Collectives: same, and you'll also need a good valuation system.
This is another huge loss for the NCAA.
The NCAA now cannot enforce its
#NIL
rules/guidelines that prohibit athletes from negotiating NIL deals with third parties, including collectives and boosters, before they commit to a school.
Full order at link.
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Thanks for the article, John!
Got to talk about two of my favorite things:
@WMTribeMBB
and NIL!
And for the record, we beat VCU in the game that picture is from.😀
Former William & Mary standout Mit Winter has become nationally respected NIL voice via
@RTDSports
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It looks like Harvard boosters are starting an
#NIL
collective.
The athletics department sent an email to supporters explaining that it does not sanction or support the group soliciting donations to start the collective.
I imagine this collective will have plenty of 💰.
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Hired today and already promoting the
#NIL
collective.
Has to be a big part of the job nowadays.
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I’m honored to again be named an Entertainment and Sports Law Super Lawyer by Missouri & Kansas Super Lawyers.
Thanks to all the great clients and colleagues I get to work with on a daily basis. 🙏
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TCU’s AD made some comments about NIL/athlete compensation that I’m hearing more and more from those in the space.
1. Donor fatigue is real. There isn’t endless donor money to pay for athlete NIL compensation.
2. Schools would like to bring NIL fundraising/funding in-house.
Q&A with Jeremiah Donati: TCU AD talks realignment, NIL and the future of college sports
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The legal battle between the ACC and Florida St continues to grow more contentious.
Both parties have now filed amended complaints.
FSU’s in Florida state court.
The ACC’s in North Carolina state court.
FSU now alleges the ACC engaged in self-dealing.
In a new amended complaint filed in Leon County on Monday, FSU officials take aim at former ACC Commissioner John Swofford, his relationship with TV partner Raycom, the legality of the ACC’s lawsuit against FSU & more.
Our
@IraSchoffel
breaks it down:
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These two passages will make anyone involved in college athletics laugh.
Either the NCAA’s attorneys have no clue how recruiting currently works or they are intentionally ignoring reality.
This is another example of the NCAA’s ever-shifting definition of “amateurism” to serve its own needs.
It used to be any compensation over the value of an athletic GIA would end college sports.
Then any comp over COA.
Then NIL comp.
Now it’s comp for athletic performance.
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Another letter from a state attorney general to NCAA president Charlie Baker.
This one from Virginia’s AG requesting that JMU’s request for a waiver to participate in a bowl game this season be granted.
Baker is becoming a popular penpal with state AGs.
JMU has proven that they are battle tested and bowl game ready. Let these student athletes compete at the higher level.
#GoDukes
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This is a really smart NIL initiative by Minnesota.
When you buy a ticket 2-pack to one of these sports you also get a 3 month membership to its NIL collective
@DTAthletes
.
And the collective gets the ticket buyer’s contact info which should help with fundraising outreach.
Dinkytown Athletes Ticket 2-Pack's are now available!
Enjoy upcoming men's & women's basketball and men's & women's hockey games as well as a 3-month membership to the Official NIL Collective of Gopher Athletics, Dinkytown Athletes!
🔗:
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The veto of Oklahoma’s
#NIL
bill by the governor has now been overridden by both the House and the Senate.
Like Texas’ bill, it prevents the NCAA from penalizing schools for engaging in activities allowed under the bill.
As an emergency bill, it goes into effect immediately.
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Thankful for a day filled with great food, family, football, basketball, and some snuggle time with my little buddy (and his crazy hair). 🦃
Hope everyone else also had a great day.
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The Lady Vol Boost Her Club is an NIL collective that’s been formed to exclusively create NIL opportunities for Tennessee’s female athletes.
It’s the first collective I’m aware of that is only working with a school’s female athletes.
@ladyvolbhc
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Ole Miss’ AD recently discussed how the need for NIL $ (and potential direct revenue sharing with athletes in the future) has affected plans to renovate the football stadium.
We’ve seen a number of ADs say the same thing now.
Athlete comp is taking precedence over facilities.
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North Carolina St’s
#NIL
collective raised $867,450 last night at a fundraising event.
It included an auction with some unique items.
One supporter paid $12k for the naming rights for a play the football team will run during the first game of the upcoming season.
NC State raised more than $800,000 for the
@OnePackNIL
Collective last night.
Payton Wilson was there the night before the NFL Draft. Boo Corrigan and Dave Doeren both talked about the importance of NIL.
Takeaways from the event:
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The state of FL’s CFO sent a public records request to the NCAA relating to the Tez Walker situation.
It says the “NCAA's lack of transparency on this issue raises equal protection and anti-trust concerns.”
It also notes the info may assist “in any necessary legal proceedings.”
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@GoodmanHoops
Probably better to make a decision based on money instead of who is a better salesman, no?
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More info on Jim Harbaugh’s renewed comments in favor of revenue sharing with college athletes.
"And then you see the amount of people who are benefitting financially from those players' efforts out there.”
"Who could be against the players being compensated for what they do?"
A day after his Big Ten suspension lapsed, Jim Harbaugh used a league-organized conference call promoting Saturday's title game to renew his push for revenue sharing in college sports.
Why now? He spent the evening in the hospital with an injured player.
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Another good comparison for this:
The NFL asking fans, before a game, to email Congress in support of a law that gives it an antitrust exemption so it can unilaterally limit player salaries and movement.
Without the players’ knowledge.
It’s that bad.
So this was interesting. During Big 12 pregame, the video board had an ad and a QR code that sends you to a website to send a message to your member of Congress supporting a federal NIL law.
It's from the Coalition for the Future of College Athletics, the D1 lobbying org.
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@RexChapman
@60Minutes
You should check this book out.
Written by a former executive director of the NCAA (for 35 years) who later realized what he had been doing.
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It really annoys me how so many people (including the House member speaking now) still believe the Alston decision addressed
#NIL
or gave athletes the right to monetize their NIL.
It didn’t.
It dealt with NCAA rules relating to educationally related benefits.
For those that want to watch today’s House Energy and Commerce committee hearing on college athlete
#NIL
, here is a link to the livestream.
It starts at 10:30am EST.
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The bill to amend Oregon’s
#NIL
law has been signed into law, and is effective immediately.
It allows deals to be contingent on attendance, allows schools to facilitate/enable/support NIL opportunities, and prohibits the NCAA from penalizing schools for items allowed by the law.
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And not to be outdone, Mississippi has a bill to amend its
#NIL
law that has passed the senate.
It will allow:
-schools to support, create, enable NIL opportunities
-NIL comp for promoting games, schools, and athletics programs
-deals to be contingent on attendance
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1. NIL $ isn’t the only thing recruits ask about.
2. High level college 🏈 /🏀 players are pro athletes. Going to school doesn’t mean you’re not also a pro athlete.
3. For most of those athletes, their peak value as an athlete is in college. So they should be asking about $.
Scott Van Pelt weighs in on Nick Saban's NIL comments.
"It's fantastic that players get to make money now. But every single coach, in every single revenue sport, if you're paying attention, is saying the same thing. This is the only thing that any recruit is asking about now."
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This is a smart
#NIL
move by St Joe’s that takes advantage of the change in NCAA rules that allow schools to facilitate NIL deals for their athletes.
An NIL Fair is being held to educate businesses about NIL and to introduce businesses to St Joe’s athletes.
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Relying on Congress to create a framework for college athletics makes no sense.
Unless you’re still hoping for an antitrust exemption.
This is the same strategy that was employed with NIL.
It didn’t work.
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College athletes are now screwed up because they can make money?
People were proud and loved watching college sports just because the athletes weren’t paid?
This is the antiquated and paternalistic attitude that college athletes and their advocates are up against.
Sen. Rand Paul (R-KY) complains about how antitrust laws impact college sports at a hearing on the PGA Tour-LIV merger:
“Now everybody that plays basketball in college is gonna be driving a Bentley or a Rolls. I mean, we’re gonna be seeing rap stars instead of basketball stars.”
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It’s refreshing to hear a P5 head football coach say these things.
And Sonny Dykes is spot on.
College athlete compensation and
#NIL
could have been addressed and solved years ago.
Instead, it was ignored and now courts and other outside bodies are making those decisions.
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Pat Kelsey is energizing Louisville basketball’s fan base and the program’s NIL fundraising.
He also has great perspective on what high level college basketball is.
It’s a business and the players deserve a fair share of the revenue they’re generating.
The Louisville NIL collective 502 Circle has seen a surge in memberships since the hiring of Pat Kelsey.
With a new $1 million match campaign, fans have donated $382K in just over 24 hours. Roughly $250K was raised on Monday alone.
From
@PeteNakos_
:
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Thank you to
@On3sports
and
@On3NIL
for including me on its list of top 25 most influential figures in
#NIL
.
As a former D1 college athlete, it’s been extremely gratifying and a lot of fun serving as legal counsel for the various entities and people involved in the NIL space.
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A very interesting
#NIL
related lawsuit was filed against the NCAA yesterday.
Matt and Ryan Bewley, who played for Overtime Elite last season, had their college eligibility denied by the NCAA.
They’ve sued the NCAA for violating Illinois’ NIL law and federal antitrust law.
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This is a pretty significant change to the NCAA’s
#NIL
guidelines that was
issued last week that hasn’t gotten attention.
Athletes are now allowed to engage in NIL activities while “on-call.”
Meaning during practice, pre/post-game, press conferences, and on court celebrations.
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I’m not sure Baker understands
#NIL
agreements cover a wide range of products and services.
So can’t have a uniform NIL agreement.
It seems like he’s treating NIL agreements more like pro sports employment agreements.
In that case, would need to be collectively bargained.
New NCAA President (and former Governor of Massachusetts) Charlie Baker says he wants "consumer protections" around NIL, saying he's "gonna talk some with the folks in Washington."
Charles Barkley responded, as only he can.
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This is a great article by Dan.
He perfectly explains the unstated reasons the NCAA and others are pushing for a federal
#NIL
law, and why such a law is unnecessary and would actually be detrimental to college athletes.
It’s not about protecting athletes, it’s about control.
College sports needs Charlie Baker to change the NCAA. So far, however, it sounds like the NCAA has changed Charlie Baker.
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Agree with this.👇
The NCAA is toast.
But college athletics doesn’t need the NCAA to go on.
It will be better off with some common sense leadership.
“I think this will be one more brick in the wall that is the end of the NCAA," noted attorney
@TomMarsLaw
tells ESPN. He predicts the NCAA "is poised to lose all of its upcoming anti-trust cases" and will need Congressional intervention. (Full quote below).
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It’s too bad no one wants to watch college sports when the athletes are paid.😉
Saturday's NCAA Tournament games averaged 10.8 million viewers, making it the most-watched first day of the Round of 32 in March Madness history.
Story:
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This is the type of content more
#NIL
collectives should be putting out.
Let fans get to know the players as people and see the NIL activities they’re engaging in, especially activities that are benefiting the local community.
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Clemson seeks a declaratory judgment on 3 points.
1. The grant of rights doesn’t include games played while Clemson is not an ACC member.
2. Withdrawal fee is an unenforceable penalty.
3. Clemson doesn’t owe the ACC a fiduciary duty.
Full complaint👇
Clemson has now also sued the ACC to invalidate the conference grant of rights agreement.
It’s never good when a conference has 2 of its members suing it.
Will be interesting to see if the ACC tries to get this one stayed since the issues are similar to the lawsuits in FL & NC.
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The purpose of a dec judgment action is to clarify legal relations/settle controversies prior to an event happening.
Here, Florida St would be seeking to clarify the enforceability of the GOR before breaching it.
I see this as a preemptive move to bring the ACC to the table.
Here we go, Florida St is going to start the process of challenging the ACC grant of rights and leaving the conference.
As Ross noted, I’d expect FSU to file a declaratory judgment action.
Sovereign immunity issues will play a big part in this.
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Good info here on prices being paid for transfers in this season’s college basketball free agent market.
Power conference starters start at $200k and prices go over $1M for top players.
There’s also info on industry sentiment regarding employment.
Consensus is it’s inevitable.
For high-major basketball programs shopping in the transfer portal, what’s the going rate?
For a starter?
For all-conference players?
For stars?
Several folks with intimate knowledge of the NIL market gave us a pretty clear price range.
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Dartmouth’s men’s basketball players have been determined to be employees of the university.
Not surprising.
I’m sure there will be an appeal, but the players can now hold a vote to unionize.
This is why a future model for college athletics has to include employment.
BREAKING: NLRB rules that Dartmouth men’s basketball players ARE EMPLOYEES OF DARTMOUTH and are allowed to go forward with an election to create a union.
Story to come!
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South Carolina’s new
#NIL
bill is quickly moving through the legislature.
It was recently approved by the House 113-0.
It does 4 important things:
1. Allows schools to directly, or through a 3rd party, identify, create, facilitate, & enable NIL opportunities for athletes.
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The NCAA/college athletics should have been working on a new model that complies with antitrust and labor law the day after the Supreme Court’s Alston decision was released.
Instead, it was 2.5 years and millions of dollars trying to resist the inevitable.
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The USC NLRB trial is over.
USC 🏀 and 🏈 players will likely be deemed employees.
A former Stanford 🏈 player testified his college & pro experiences were nearly identical.
A Stanford track athlete (and former SAAC pres) also testified in favor of employment for 🏀 & 🏈.
NEW: The NLRB trial over USC athlete employment concluded Thursday in LA. Expect several months wait for a ruling after the record closes on July 31.
Ramogi Huma of
@NCPANOW
is confident, saying this trial was more fair than the 2014 Northwestern trial.
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It still amazes me how many people don’t understand the NCAA’s NIL rules.
Whether you agree or not, an NIL deal can’t be offered to a high school or transfer athlete contingent on attending a specific school or as an inducement to attend a specific school.
Syracuse's most famous booster, Adam Weitsman, is about to enter the NIL space.
He says he'll offer a big number to two 5-star athletes each year to rep one of his companies.
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The statement is bad for 2 reasons.
1. It appears to admit irreparable harm.
2. It says athletes can consider
#NIL
$ in recruiting.
But that they should have to use the internet to figure out values, instead of via conversation with the entity that would be paying them.🥴
TN v. NCAA: There’s no requirement in federal court that one must show a particular quantum of irreparable harm. “Not much [irreparable] harm” is sufficient to obtain a preliminary injunction. Words matter in court, and this appears to be an admission by the NCAA’s lawyer. Oops.
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Can we please end this narrative that any of the proposed federal college sports bills are meant to protect college athletes.
They seek to preserve a model that has been declared illegal.
And they enshrine restrictions on college athletes’ economic rights into fed law.
Inbox: The Power 5 conferences have released the following statement on the NIL bill draft publicized yesterday. It’s the first bipartisan Senate NIL bill.
Here’s our story on the bill, for reference:
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It appears the VA AG will sue the NCAA and seek a TRO/injunction to allows JMU to play in a bowl game.
For the TRO, the big issues will be (1) can the AG show it’s likely to succeed on its antitrust claims and (2) will JMU be irreparably harmed without the TRO.
My analysis👇
We connected with
@WinterSportsLaw
to break down whether a lawsuit filed by the Virginia Attorney General could realistically lead to immediate bowl access for JMU football. Story ⬇️
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Here’s a link to FSU’s amended complaint for anyone who wants to read it.
The legal battle between the ACC and Florida St continues to grow more contentious.
Both parties have now filed amended complaints.
FSU’s in Florida state court.
The ACC’s in North Carolina state court.
FSU now alleges the ACC engaged in self-dealing.
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Mississippi St’s
#NIL
collective has set up shop in the football stadium today, as part of its effort to raise $1 million by December 1.
Smart move.
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During his introductory press conference yesterday, new Ohio State AD Ross Bjork called for a new college athletics model that includes negotiating/bargaining with college athletes.
He said there needs to be a new financial arrangement between the athlete and the institution.👏
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USC and BLVD continue building out their unique
#NIL
program.
Other schools should take notice.
USC football's Spencer Harris and Megan Mueller have been hired to help run NIL media agency BLVD.
More from
@Pete_Nakos96
HERE:
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Should be required reading for everyone working in college athletics.👇
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Another smart matching campaign from an
#NIL
collective.
For every 1,000 new members that join Auburn’s collective between now and December 20, an anonymous donor will donate $250k with a max of $1,000,000.
An anonymous donor has pledged $1 million to Auburn's primary collective
@OnToVictoryNIL
, matching membership growth between now and December 20, the first day of the CFB early signing period
+ details on OTV's new membership benefits inside
FREE ⬇️
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Gerry Cardinale of Redbirds Capital is doing a great job of explaining how and why private equity is coming to college athletics.
As he says, college athletics is a hugely undervalued asset.
Says it needs to consolidate its media rights like they do in the NFL.
#SBJIAF
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There's been a lot of talk about the Big 12's buyout clause and its grant of rights, and how they could affect OU and UT moving to the SEC.
I've represented multiple conferences in the middle of realignment and there's a big issue that no one has mentioned: sovereign immunity.
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Taking in a Knicks game at the mecca of 🏀 tonight with my lady.
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What a game.
And I didn’t hear one person say they would have enjoyed it more if the athletes weren’t being compensated by collectives or were making less
#NIL
money.🫡
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KU now offers an undergrad certificate in NIL. 👏
The school continues to be a leader in the space.
NEWS: Our new undergraduate Certificate in Name, Image, and Likeness has been officially approved at
@UnivOfKansas
! The certificate is designed for both students interested working in the NIL industry and student-athletes managing their own name, image, and likeness. Rock Chalk!
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Herein lies the issue with the NCAA’s
#NIL
“guidelines.”👇
Even the NCAA’s own lawyers can’t tell you what they mean.
And they don’t prevent boosters/collectives from talking with recruits about NIL.
Only crosses the line when there is “recruiting” or “inducement.”
The NCAA had a major problem in responding to when prospects can actually speak on NIL potential deals.
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Visit Myrtle Beach has entered into teamwide NIL deals with the Marshall and UConn football teams, who are playing in the Myrtle Beach Bowl later in Dec.
Deals like this around bowl games make a ton of sense.
The players promote the host city to fans.
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