The New Regime of Name, Image and Likeness in Collegiate Athletics

The NCAA recently introduced new legislation allowing student-athletes to monetize their name, image and likeness (“NIL”).  The (rather abrupt) change in NCAA policy comes at a time of increasing pressure from legislators in Washington, D.C., and not-so-subtle indicators from the Supreme Court that NCAA policies restricting student-athletes participation in the NIL market would not survive antitrust scrutiny.  Student-athletes across the country are seizing the opportunity to cash-in on this new opportunity profit from their NIL, in several cases in 6 and 7-figure payments.  At the same time, agents and certain institutions, are also looking to capitalize on opportunities to secure rights related to the NIL of student-athletes while they still present as a value proposition.  This presentation will cover: (i) the key issues in an NIL negotiation; and (ii) methods for protecting the interests of student-athletes while also allowing them to maximize earning potential in this new market.