College Sports: “NIL” Task Force
In response to the groundbreaking changes in college sports and the freedom student-athletes now have to commercialize and sell rights to their name, image, and likeness (“NIL”), Foley’s Sports & Entertainment Group has formed a multi-disciplinary College Sports/NIL task force, which is comprised of attorneys who are actively engaged in advising various stakeholders through their emergent needs, including:
- Sponsors, Commercial Entities, and Brands
- Colleges and Universities
- Collectives
- NFT Platforms
- Athletic Conferences (College & High School)
- Sports Agents and Agencies
- Student-Athletes
The NIL regulatory landscape currently presents a complex patchwork of state NIL laws and NCAA rules, which create not only new business opportunities, but also significant legal implications for those engaging in NIL activities. Understanding that landscape is critical to both leveraging opportunity and reducing risk. Foley’s multi-disciplinary team is already advising clients on NIL matters, and is uniquely positioned to help all stakeholders navigate the regulatory labyrinth and the panoply of legal concerns that may arise in the NIL space, including in areas such as contracts, licensing, intellectual property, technology and data privacy, social media, digital platforms and NFTs, media rights, academic and athletic eligibility, NCAA compliance, financial reporting, and tax and estate planning.
Our representative experience includes advising:
- Power 5 conference schools on NCAA rules and state NIL laws
- Collectives and donor groups on general business operations, non-profit status, NCAA rules, and state NIL laws
- A 5-star football recruit on state law NIL restrictions for high school athletes
- Player agencies on NIL-related limitations and licensing requirements
- Various sporting goods and apparel manufacturers on NIL regulations and sponsorship opportunities
The NIL Task Force is actively producing cutting-edge thought pieces and updates on the evolving NIL landscape, including our Nationwide “NIL Tracker” which continues to be a one-stop source for timely developments and information on state NIL laws across the country:
- Nationwide Name, Image, and Likeness (“NIL”) Tracker: A Compendium of College Sports NIL Laws in the U.S.
- Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort (October 21, 2024)
- The Kids Are Not Alright: Student athletes and the impact of legalized betting on college sports (April 5, 2024)
- Can Private Equity Score in College Sports? Why a “NewCo” Path Might be Inevitable (April 2, 2024)
- The Great Trick Play: The Dartmouth College Men’s Basketball Team Votes to Unionize (April 1, 2024)
- The NIL Presumption: Is the Newest NCAA Measure a Boon for Enforcement or the Next Front for Legal Challenge? (March 8, 2023)
- Giving Title IX Its Props in the NIL Era of College Sports (January 27, 2023)
- NCAA updated guidance on institutional involvement in NIL: An explainer (November 4, 2022)
- Clearing the NIL Air: Is it Permissible for NIL Contracts to Provide for Termination If the Student-Athlete is Not Enrolled at a Specified School? (September 30, 2022)
- Baiting the Line: Can Professional Sports Leagues or Teams Sign NIL Deals with College Athletes? (September 26, 2022)
- Collegiate group licensing: A new frontier in the NIL wild west (August 29, 2022)
- Much ado about NIL-thing? Long-awaited NCAA guidance may fall flat (May 23, 2022)
- Foley Advises BlockPack in Launch of NFT Platform for College Athletes’ NIL (April 13, 2022)
- Student-Athlete Compensation Not a Hail-Mary (But a Reality) After Alston Decision (December 2, 2021)
- Federal NIL laws: Future or fantasy? (October 13, 2021)
- The NCAA Declares Independence from NIL Restrictions (August 20, 2021)
- NCAA v. Alston: The Beginning of the End or the End of the Beginning? (August 4, 2021)
- The Landscape for College Athletes’ Commercial Rights is Changing (Nov. 23, 2020)
- College Football: A Redshirt Season for the NCAA or a New Normal? (Aug. 17, 2020)
- Florida Says “Show Me the Money”— Intercollegiate Athlete Name, Image and Likeness (NIL) Bill is Now Law (June 29, 2020)
We look forward to continuing our work with clients in the exciting and developing world of NIL in college sports. For questions or more information, please contact your Foley attorney or one of the following NIL Task Force leaders listed below.
