POPULAR TOPICS IN THE "NIL" LANDSCAPE

NCAA POLICIES

NCAA POLICIES

As of July of 2021, the NCAA now permits student-athletes to use their name, image, and likeness for profit. There is, however, huge nuance to this and we can help.

FEDERAL LAW

FEDERAL LAW

Beyond NCAA policies, there are also federal laws, regulations, and court decisions that affect the way that the NCAA administers its policies across the country. We can help here.

STATE LEGISLATION

STATE LEGISLATION

Another layer of complexity is presented by the deference given to state policies which interact with NCAA rules and federal laws in numerous ways. We can help navigate such differences.

WHAT IS NAME, IMAGE, AND LIKENESS ("NIL")?

For decades, the NCAA (the body that governs collegiate athletics in the United States) has prohibited student-athletes at member institutions from leveraging their name, image, and likeness as well as their athletic capabilities for profit. This has prevented these athletes from using their skills to generate income and engage with businesses in any way for financial gain of their own. In the wake of the United States Supreme Court's landmark decision, National Collegiate Athletic Association v. Alston, et. al., 594 US.. (2021) in June of 2021, the NCAA modified its policies and began permitting student-athletes to monetize their "NIL" rights by engaging in various sponsorship activities. However, this wasn't the end of the story. While the Supreme Court's decision affirmed that NCAA practices were violative of federal antitrust laws, it opened the door to what is, at best, now a convoluted, inconsistent patchwork of regulation within this area. Today the laws governing "NIL" activities are a murky mixture of NCAA policies, federal guidance, and state laws which all interact with each other in concurrently-applicable or preemptive ways.

HOW DIAMOND SPORTS LAW CAN HELP

Approaching "NIL" activities in a diligent and compliant way is essential right now given the status of the landscape. Diamond Sports Law is versed in these practices and can help you navigate these policies and laws more effectively. Here are some of the types of clients that we advise on these matters and help to exercise more diligence:

  • Businesses who are looking to be more scrupulous about their approach to NIL activities.
  • Colleges & Universities who are looking to fortify their approach toward compliance with NCAA policies, federal guidance, and state laws as they apply.


If you're one of these types of clients and can use assistance with this, please contact us!

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WHY YOUR LAWYERS SHOULD UNDERSTAND THE SPORTS MARKET

In order to provide effective counseling and legal guidance, it's imperative that your lawyer has a well-developed knowledge of the sports landscape.

It's not enough to just know the law; DSL advises its clients on legal matters in the context of the sports market which always involves practical considerations of business strategy and financial diligence to achieve desired outcomes.

Our attorneys have this know-how and appreciation because they've also played at a high-level and truly understand the nuances of the game, industry, and drive to be better as an athlete.