In a Westlaw Today article, attorneys examined the National Collegiate Athletic Association President Charlie Baker’s proposed modifications to rules governing name, image and likeness (NIL) deals for student-athletes.
The proposed changes could be viewed as a risk mitigating response to ongoing litigation concerning NIL rights and the NCAA's regulation of college athletics. The NCAA has been hit with class action lawsuits from current and former NCAA athletes who have sought cash payments, lost earnings, and status as employees.
The authors note that the proposal does not address certain key issues, including employment status for student-athletes, visibility between institutions through a national database of NIL deals, or how media rights and revenue would factor into the proposal, if at all. Such issues remain to be solved, and the NCAA President’s letter invites feedback from Division I Committee Members.
The article was authored by IP transactions partner and co-head of the firm’s consumer industry group Erica Han, senior counsel and founder of the firm's sports law practice Dennis Coleman, litigation & enforcement partner and chair of the firm's sports law industry group Chris Conniff, and associate in the asset management and sports groups Chidi Oteh. Article contributors include corporate associates Tatum Wheeler, Esteban De La Torre and Parv Gondalia.
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