Explore every episode of the podcast Highway to NIL

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Mike Lowe break down President Donald Trump's executive order, "Urgent National Action to Save College Sports." Cal and Mike unpack the order's call for a national NIL framework, proposed five-year eligibility caps and transfer limits, protections for women's and Olympic sports, tighter rules on tampering and "fraudulent" NIL deals, and the directive to challenge state laws that conflict with interstate college sports governance.

Key Topics Include:

• Purpose of Trump's executive order (2:36);
• Trump's encouragement of Congress to act for a national solution (7:14);
• Improper financial activities: tortious interference, fraudulent NIL schemes, and fair market value (9:40);
• Further direction by Trump for regulation of student-athlete eligibility and transfers (17:45);
• Attorney general action regarding state NIL laws (29:07).

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In this episode of Highway to NIL, Troutman Pepper Locke attorney Cal Stein is joined by colleagues Mike Lowe, Philip Nickerson, George Pla, and Derek Centola for a "desk drawer" tour through some of the most consequential recent developments in NIL and college sports. The group unpacks a wave of NIL contract disputes involving high-value athletes, the escalating legal fights over eligibility and the five-year rule, and the emerging governance battles around the College Sports Commission's (CSC) participation agreement.

Key Topics Include:

• The rise of school-athlete NIL/revenue-sharing contracts post-House settlement (4:01)
• Contract disputes and tampering allegations (5:38)
• Why injunctive relief over NIL rights may be more important than chasing damages (9:20)
• The Diego Pavia JUCO litigation, the expanding plaintiff group, and how the five-year rule is being challenged under antitrust theories (12:18)
• Trinidad Chambliss, Puff Johnson, and contract-law challenges to eligibility limits (18:21)
• The CSC participation agreement and governance battles (24:08)

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In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley are joined by 42U CEO and former Division I student-athlete Stephen Bienko to discuss how NIL is reshaping college sports from the inside out. Stephen explains how 42U helps athletes understand their identity, decision-making, and long-term goals rather than chasing one-off NIL deals. The conversation explores how Power Four and mid-major programs are building NIL infrastructures, why women's and Olympic sports may offer the greatest growth opportunity, how student-athlete expectations have evolved since the early days of NIL, and how regulatory and compliance uncertainty is affecting administrators and athletes alike.

Key Topics Include:

• Stephen's athletic background, as well as the founding story and core mission of 42U (1:39)
• How 42U uses psychological assessments to focus on identity, decision-making, and long-term development, not just NIL transactions (5:40)
• Trends in internal NIL infrastructures (7:15)
• Differences in NIL approach between Power Four programs and mid-major/smaller schools (10:23)
• Conference- and sport-specific dynamics in NIL, and the rising commercial and NIL value of women's and Olympic sports such as volleyball and gymnastics (14:06)
• The evolution of student-athlete expectations from quick NIL deals to intentional brand-building, financial literacy, and career leverage (17:23)
• Differences in NIL engagement across gender, sport, and division level, and specifically women's volleyball as NIL growth opportunity (23:39)
• How shifting NCAA rules, state laws, litigation, and tools like NIL Go are impacting schools and athletes (35:17).

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In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Chris Brolley, and George Pla look at the post-House settlement landscape, including the revenue-sharing pool that allows schools to pay athletes up to 22% of athletic revenue. They examine how those payments may impact athletic budgets and nonrevenue sports, and how schools may seek to make up any shortfalls by, among other things, maximizing their media rights revenue through incentive-based agreements and exploring private capital investments.

Key Topics Include:

• Overview of the House settlement and payments to student-athletes (3:13);
• Financial impact of revenue sharing payments to student-athletes on schools (7:10);
• How schools are balancing budgets, including potential for private equity investment (11:33);
• The ACC media rights lawsuit and the need to maximize media rights revenue (16:36);
• Incentive-based media rights arrangements (22:30).

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In this episode of Highway to NIL, Troutman Pepper Locke attorney Cal Stein breaks down President Trump's "Saving College Sports" executive order. Stein highlights the order's push for new name, image, and likeness (NIL) guardrails, protection and expansion of women's and nonrevenue sports, and a crackdown on third-party pay-for-play payments. He also discusses the call for federal agencies to clarify student-athlete status, signaling possible changes ahead for college athletics governance. 

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In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Mike Lowe, and Brett Broczkowski delve into the latest guidance from the College Sports Commission (CSC) regarding name, image, and likeness (NIL) deals. They explore the criteria set by the CSC for evaluating NIL deals, including payer association, valid business purpose, and range of compensation. The discussion highlights the implications for associated entities, particularly collectives and boosters, and the potential shift in their roles due to the new guidelines.

Key topics include:

• Background on the CSC (2:16);
• Associated payer criteria for NIL deals (4:14);
• Valid business purpose for NIL deals (6:41);
• Range of compensation for NIL deals (13:20);
• Possible CSC enforcement activity against student-athletes (16:00);
• NIL deal reporting requirements: multiyear deals and deals under $600 (19:07);
• Range of compensation versus fair market value (23:05).

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In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley discuss the recent Q&A document released by the NCAA and conferences, focusing on the guidance providing clues for how enforcement may look under the College Sports Commission in the post-House settlement landscape. Among other topics, they examine the role of the College Sports Commission in investigating NIL rule violations, the arbitration process for contested penalties, and enforcement issues related to high school and transfer athletes. The episode also covers compliance with roster limits, the benefits cap, and scrutiny of third-party NIL deals involving associated entities.

Topics include:

• Background on the Q&A document (1:48);
• Q&As on enforcement: The College Sports Commission and the neutral arbitration process (3:09);
• Potential enforcement activity: Timing of NIL offers and tampering (7:52);
• Potential enforcement activity: Compliance with roster limits (11:42);
• Potential enforcement activity: School payments to student-athletes and the benefits cap (16:30);
• Potential enforcement activity: Third-party NIL payments and "associated" entities/individuals (24:50).

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In this episode of Highway to NIL, Troutman Pepper Locke attorneys Mike Lowe, Lu Reyes, and Philip Nickerson examine the status of the House settlement. They focus on how the settlement might impact roster limits for current student-athletes and discuss the introduction of the NCAA's new name, image, and likeness (NIL) enforcement division.

Specific topics include:

• Current state of the House settlement (2:23);
• Summary of the College Sports Commission's (CSC) role in NIL enforcement (4:56);
• The CSC's NIL enforcement focus (7:21);
• Differences between CSC enforcement and the NCAA infraction procedures (12:13);
• Preparing compliance offices for CSC investigations and enforcement (16:00);
• Unique approaches to challenging CSC findings and penalties in arbitration (25:43);
• Impact on NIL collectives (28:00).

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In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley discuss the recent developments in the House litigation. The episode covers the highlights and concerns raised during the final settlement hearing held by U.S. District Judge Claudia Wilken on April 7.

Specific topics include:

• Summary of the proposed settlement terms and their implications (2:24);
• Judge Wilken's concerns about the impact on future student-athletes (5:50);
• The loss of roster spots for current student-athletes (10:18);
• Third-party name, image, and likeness payments and state law conflicts (16:39);
• Impact of Title IX on the settlement (20:13);
• Next steps and the timeline for addressing concerns (25:21).

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper Locke attorneys Cal Stein and Mike Lowe discuss the Trump administration's recent rescission of a Department of Education (DOE) guidance document issued by the outgoing Biden administration. The rescinded document addressed Title IX implications for NIL compensation for student-athletes. The episode explores the potential implications of this rescission and the need for legislative clarity in the NIL space.

Specific topics include:

• Summary of the DOE guidance document and its rescission (3:04);
• The incoming DOE's criticisms of the guidance document (10:46);
• New DOE position on NIL as compensation vs. financial aid (13:07);
• What next? Replacement guidance or federal legislation? (18:01).

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley discuss the guidance document issued by the Department of Education related to Title IX within the context of compensation for use of a student-athlete's NIL, as well as a statement of interest filed by the U.S. through the Department of Justice in the House v. NCAA case. Both of these developments are poised to significantly impact the resolution of the case and the future of college athletic NIL compliance.

Specific topics include:

• Department of Education NIL Fact Sheet:
  • Title IX obligations related to NIL publicity and NIL support services (2:22);
  • All NIL payments (paid by school or by collective) can trigger Title IX obligations (13:39);
  • Enforceability of DOE policy and its impact going forward (20:30);
• DOJ House Statement of Interest:
  • Proposed revenue cap violates antitrust laws (25:54);
  • Impact on possible approval of settlement (30:30);
  • Need for collective bargaining? (34:06).

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper Locke attorneys Cal Stein, Chris Brolley, Tim Bado, and Howard Shire recap several of the most prominent NIL-related news stories from the 2024 holiday season through the start of 2025. These stories include an update on the House settlement and a new NCAA guidance document, several NIL-related civil lawsuits that were filed or decided, and a potential NCAA rule change impacting student-athlete eligibility. Join them as they delve into recent highlights you may have missed.

Specific topics include:

• House case: settlement update, schools already starting to bring NIL "in house," and NCAA's Q&A document (3:09);
• Diego Pavia lawsuit: JUCO years do not count toward NCAA eligibility (12:00);
• Potential NCAA rule change: five years of athletics eligibility (16:54);
• NIL civil lawsuits: student-athletes claiming broken NIL promises and Clayton Act violations (22:49).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss the legal process related to the House settlement approval and the operational process of implementing the settlement.

Specific topics include:

• Recap of the House case and the House settlement (2:25);
• Legal process for objecting to the House settlement (5:57);
• Implementation of the House settlement for schools and student-athletes (8:41);
• Impact of the House settlement on athletic roster limits and scholarships (12:17);
• Process for finalizing the House settlement in 2025 (18:52).

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In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss recent updates in the House settlement process. After Judge Wilken previously declined to approve the settlement, she sent the parties "back to the drawing board" to renegotiate and revise the settlement. This installment discusses the numerous revisions the parties made to the original settlement language, including changes to the settlement distribution plan and involving the NCAA's enforcement authority.

Specific topics include:

• Current procedural and settlement posture of the House case (2:03);
• Settlement revisions concerning NCAA enforcement authority: "booster" vs. "associated entity/individual" (4:47);
• Revisions to the settlement distribution plan governing money going to student-athletes (6:44);
• What happens next and what should schools be doing now? (12:31);
• Will the settlement be finalized soon? (15:29).

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In this installment, Troutman Pepper attorneys Cal Stein, Mia Marko, and Dani Clifford discuss Title IX, a longstanding federal law that applies to educational institutions, and its intersection with the evolving landscape of name, image, and likeness (NIL) rights. They also explore the potential future scenario where NCAA institutions might start paying some of their student-athletes.

Specific topics include:

• An overview of Title IX and how it applies to college athletics (2:30);
• The intersection of Title IX and NIL (6:10);
• Current and future Title IX compliance litigation (10:35);
• The House settlement and Title IX (13:45);
• Key takeaways about Title IX's impact on NIL (21:18).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss the September 5 hearing on the proposed House settlement by U.S. District Judge Claudia Wilkin. This episode analyzes the court's concerns and what schools should be doing while the settlement remains unresolved.

Specific topics include:

• Summary of the hearing on the House settlement (3:08);
• Judge Wilken's concerns with the House settlement (6:11);
• Interplay between Title IX and the House settlement (9:58);
• What happens next and will the settlement structure remain the same? (13:16); and
• What should schools be doing while the settlement is in limbo? (16:09).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, and Tim Bado discuss the recent decision by the Third Circuit Court of Appeals in the Johnson case, which considered whether student-athletes could ever be considered employees of the university. This episode analyzes the court's decision, with a particular focus on its practical impact on colleges and universities in the NIL and college athletics contexts.

Specific topics include:

• Overview of the Johnson case (3:13);
• Practical impact of the Third Circuit's decision (7:52);
• Third Circuit's rejection of the "amateurism" model (14:35);
• Judge Porter's concurrence: a roadmap for schools? (17:50).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, and Chris Brolley discuss the implications of recent changes to the NCAA transfer portal and the emerging issue of tampering in college sports.

Specific topics include:

• Student-athlete transfer rules (3:47);
• Current student-athlete transfer process (7:30);
• What constitutes "tampering" (10:20);
• "Tampering" and the transfer portal (17:24);
• Impact of new transfer rules on "tampering" enforcement activity (21:00);
• How new transfer rules impact NIL (27:03).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein and Chris Brolley discuss the NCAA's recent $2.8 billion antitrust settlement, which introduces a new revenue-sharing model and signals a shift from traditional amateurism. They also explore implications for NIL rules, the potential for student-athletes to become employees, and future legal challenges for the NCAA.

Specific topics include:

• Background on the House case (2:30);
• Framework of the proposed House settlement (6:37);
• Does this settlement mark the end of NCAA "amateurism"? (10:40);
• Impact of this settlement on NIL and collectives (13:46);
• Addressing student-athletes becoming school employees (17:05);
• Implications for Title IX compliance (19:05);
• Does this settlement save the NCAA as an institution? (22:08); and
• Will this settlement finally put an end to the NCAA's legal issues? (24:14).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein and Mia Marko discuss the implications of the recent preliminary injunction issued against the NCAA, which enjoins the NCAA from enforcing certain NIL restrictions on student-athlete recruitment activities. They discuss the NCAA's response to this ruling and potential future enforcement of NIL rules.

Specific topics include:

• An overview of the Tennessee Federal Court's order on NIL (3:02);
• The NCAA NIL rules affected and those not affected by the Tennessee court order (5:38);
• Possible NCAA enforcement of the "NIL Recruiting Ban" against institutions (9:34);
• NCAA enforcement of October 2022 NIL Guidance: permissible and impermissible institutional support for NIL activities (12:44);
• How the NCAA could pivot its enforcement activity: the quid pro quo requirement (17:46);
• How the NCAA could pivot its enforcement activity: NIL compensation from institutions (23:32);
• Strategies for institutions to mitigate NIL enforcement risk (26:16).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, Howard Shire, and Connor DeFilippis discuss the NCAA's March 1 memo, responding to the recent preliminary injunction issued against the NCAA. This injunction enjoins the NCAA from enforcing certain name, image, and likeness (NIL) restrictions on student-athlete recruitment activities.

Specific topics include:

• NCAA Memo Part I: Settlement overtures? What might a permanent NIL injunction look like? (3:24);
• NCAA Memo Part II: The NCAA is "pausing" NIL enforcement actions related to third parties. What should institutions do? (8:35);
• NCAA Memo Part III: NIL restrictions not subject to injunction remain in effect. Will the NCAA pivot to enforcing those? (16:36);
• NCAA Memo Part IV: The "practicality" of the NCAA's response to the injunction. Is this response "practical"? (24:30);
• NCAA Memo Part V: The pending Division I council proposal to create a new college athletics "subdivision." Does the injunction make it more likely to pass? What about Title IX and student-athlete employment? (27:26); and
• NCAA Memo Part VI: Who stands to benefit from the NCAA's actions and proposals? (32:35).

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein and Mike Lowe discuss the recent preliminary injunction a federal court in Tennessee issued against the NCAA, which enjoins the NCAA from enforcing certain NIL restrictions on student-athlete recruitment activities. The court issued the injunction because it found that the NIL rules in question violated U.S. antitrust laws.

Specific topics include:

• Overview of the Tennessee and Virginia attorney general lawsuit and preliminary injunction (1:47);
• Court Finding #1: The NCAA's NIL recruiting ban likely violated U.S. antitrust laws (3:45);
• Court Finding #2: The NCAA's NIL recruiting ban caused irreparable harm to student-athletes (9:42);
• Which NIL rules the court enjoined and which remain in effect (16:30);
• Possible NCAA responses to the preliminary injunction (19:56);
• The impact of the preliminary injunction on state NIL laws (23:00); and
• Whether this marks the "end" of NIL as we know it (25:22).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Connor DeFilippis discuss recent NIL antitrust lawsuits filed by state attorneys general (AG).

Specific topics include:

• Ohio v. NCAA: an antitrust lawsuit attacking NCAA transfer rules (3:39);
• Tennessee v. NCAA: an antitrust lawsuit attacking NCAA NIL rules (7:18);
• The turning of the tide: the use of antitrust laws to chip away at the NCAA's authority (10:50);
• The political impact of these AG lawsuits (15:20);
• Potential consequences if these AG lawsuits are successful (17:40);
• Could we see future AG challenges to other NCAA rules? (20:18); and
• Impact of federal legislation on AG challenges (23:15).

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Howard Shire, and Patrick Zancolli discuss their 2024 NIL predictions.

Specific topics include:

• Prediction #1: NIL enforcement will be on the rise in 2024 (2:16);
• Prediction #2: Student athletes will continue to use the transfer portal to maximize their value (5:50);
• Prediction #3: Federal NIL legislation will have to wait at least one more year (9:56);
• Prediction #4: The U.S. Supreme Court will address student-athlete employment by schools (12:33); and
• Prediction #5: The NCAA will continue to focus on reigning in collectives and boosters (16:33).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, and Chris Brolley discuss the NCAA Division I Council's approval of NIL disclosure and transparency rules aimed at protecting student-athletes and permitting schools to support certain NIL activities.

Specific topics include:

• Introduction to the NCAA's new NIL proposal (2:20);
• Voluntary registration process for NIL service providers (3:37);
• Disclosure requirements for student-athletes (6:36);
• Standardized contracts for NIL agreements (10:31);
• NIL education plan (12:41);
• Introduction to proposal for school involvement in NIL activities (13:12);
• School support of NIL activities (13:53);
• School support of NIL entities (18:33); and
• School involvement in prospective student-athletes (21:51).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Mike Lowe, and Chris Brolley discuss the December 5 letter from NCAA President Charlie Baker to NCAA Division I schools, in which Baker outlined his proposal for drastic changes to the NCAA rules framework governing educational benefits provided and compensation paid to student-athletes.

Specific topics include:

• Introduction to NCAA's new NIL proposal (2:41);
• Introduction to the three fundamental changes to NIL rules (4:36);
• Division I schools to offer any level of enhanced education benefits deemed appropriate (6:23);
• Permitting schools to enter NIL deals directly with student-athletes (9:56);
• New rules for the schools with the highest level of resources (15:14);
• NCAA's recognition of the difference between big schools/brands and small schools/brands (18:53); and
• NCAA's recognition of the need for flexibility (21:19).

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student-athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper attorneys Cal Stein, Chris Brolley, Brett Broczkowski, and Connor DeFilippis, discuss the pending NIL antitrust case, In re College Athlete NIL Litigation.

Specific topics include:

• Overview of the current In re College Athlete NIL Litigation (2:57);
• Characteristics of the different classes of student-athletes (7:18);
• Categories of damages: video game revenue, broadcast revenue, lost third-party NIL revenue (13:08);
• Court’s class certification analysis: whether class issues “predominate” (15:12); and
• Practical impact of the court granting class certification (25:15).

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper's Cal Stein, Chris Brolley, Danielle Clifford, and Patrick Zancolli discuss the U.S. Senate Judiciary Committee's October 17th hearing on Name, Image, and Likeness, and the Future of College Sports.

Specific topics include:

• The future of federal legislation governing NIL (3:06);
• Congressional preemption of student-athletes as school employees (9:02);
• Impact of student-athletes becoming employees on smaller schools (13:30);
• NIL issues for international student-athletes (16:24);
• Title IX compliance and NIL collectives (20:05); and
• Congressional warning about federal NIL regulation (22:36).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper litigators Cal Stein, Chris Brolley, and Brett Broczkowski discuss a recent NCAA FAQ guidance memorandum regarding certain NIL activities.

Specific topics include:

• Overview of New NCAA NIL Guidance Memo (2:09);
• Question 1 – NIL Activities of “Closely Associated” Entities (3:28);
• Question 2 – Booster/Collective Contact With Prospective Student Athletes (6:34);
• Question 3 – University Provision of Benefits to Boosters (8:49);
• Question 4 – Conditioning of NIL on Institutional Attendance (11:03);
• Question 5 – Indirect Payments for Participation in Athletic Competitions (12:30); and
• Question 6 – Primacy of NCAA NIL Guidance Over State NIL Laws (14:29).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper litigator Mia Marko interviews University of North Carolina's new Women's Head Field Hockey Coach Erin Matson about her perspectives and experiences related to NIL as both a player and a new head coach.

As one of the most decorated athletes in UNC history, Matson won five ACC titles and four NCAA championships in her five seasons at UNC. She received the Honda Sports Award three times, and the ACC recognized her as the ACC Player of the Year and ACC Offensive Player of the Year every season she played at UNC. Matson finished her career as the all-time leading scorer in both ACC history and NCAA tournament play, and she was recently named as one of the top 10 female athletes in ACC conference history. In addition to her impressive career as a field hockey player, Matson now serves as one of the youngest head coaches in the county and one of the only coaches with personal experience navigating NIL deals as a player.

Specific topics discussed in her interview include:

• Matson's experience as one of the top high school players in the county, navigating the recruiting process pre-NIL (3:30);
• Matson's insight on navigating NIL deals as a player and teammate (9:20);
• Matson's perspective on how NIL opportunities benefit female athletes and female athletics more broadly (16:25); and
• Matson's outlook on navigating NIL as a new head coach (27:27).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper litigators Cal Stein and Chris Brolley discuss NCAA President Charlie Baker's recent comments on the state of NCAA NIL policies and priorities. Specific topics include:

• Who Is New NCAA President Charlie Baker? (2:43);
• Lying and the Wild West: Baker's Concerns About NIL (6:59);
• Consumer Protection: Baker's Views on the Biggest NIL Challenges (13:42);
• NIL Noise: Schools Asking Baker for More NIL Rules (16:55);
• The Feds: Does Baker Want/Expect Federal NIL Legislation or Does He Have Other Plans? (19:50); and
• Accessibility and Accountability: Baker's Initial Ideas for NIL Transparency (26:10).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. It provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper litigators Cal Stein, Chris Brolley, and Mia Marko discuss the recent NCAA NIL enforcement action against the University of Miami. Specific topics include:

• Background on the University of Miami's NIL Violation (3:23);
• The NCAA's Enforcement Action and Punishments (5:53);
• The NCAA's Focus on Punishing the Institution for an Inducement (11:04);
• Key Takeaway #1: Impact of the NCAA's New Charging Standard (13:12);
• Key Takeaway #2: A Significant NCAA Warning to Boosters (15:29);
• Key Takeaway #3: Limited Precedential Value of the Enforcement Action (16:45);
• Key Takeaway #4: NCAA Scrutiny on Coaches' Conduct (18:20); and
• Key Takeaway #5: Enforcement Activity Regarding the Transfer Portal (20:34).

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper litigators Cal Stein, Chris Brolley, and Samuel Hatcher review key takeaways from the NCAA's recently issued memorandum, which addresses the standard of review for NIL violations. Specific topics include:

• Background on NCAA Memorandum (2:30);
• NCAA Charging Standard and the "Presumption" of NIL Violations (4:50);
• Factors Bearing on the "Presumption" of NIL Violations (7:12);
• Overview of NCAA NIL Infractions Process: Investigation, Charging, and Adjudication (9:43);
• Key Points from NCAA VP of Enforcement Jon Duncan's Comments on NIL Enforcement (15:40);
• Practical Takeaways From the Memorandum (18:50); and
• Renewed Importance of Implementing a NIL Compliance Program (22:20).

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various enacted and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys generals, and other regulators may investigate and punish schools for NIL violations.

Episode 4: NCAA Issues New Clarifications to Its Interim NIL Policy

In this fourth installment, Troutman Pepper litigators Cal Stein, Chris Brolley, and Mia Marko discuss the very recently released NCAA guidance that clarifies its interim NIL policy. The NCAA breaks down this new clarifying guidance into several sections, offering exemplary dos and don'ts for each.

Podcast Sections

• Introduction/Structure of the NCAA Clarifying Guidance (2:30)
• Institutional Support for Student NIL Activity (7:59)
  • Permissible Facilitation and Assistance (9:21)
  • Impermissible Facilitation and Assistance (14:55)
• Institutional Support for NIL Entity/Collective (16:04)
  • Permissible Facilitation of Contributions to NIL Entity/Collective (17:36)
  • Impermissible Contributions to NIL Entity/Collective (19:21)
• Negotiations, Revenue Sharing, Compensation (20:38)
• Key Takeaways (22:50)

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys generals, and other regulators may investigate and punish schools for NIL violations.

Episode 3: NIL Enforcement

In this third installment, Troutman Pepper litigators Cal Stein and Chris Brolley discuss the current state of NIL enforcement, as well as the potential future of NIL enforcement and regulation. Specific topics include:

• Current State of NIL Enforcement (0:56)
• NCAA Enforcement Letter (3:56)
• What's Next: Predictions for Future NIL Enforcement Activities
  • Use of "Circumstantial Evidence" to Prove an "Inducement" (6:10)
  • NIL Payments Exceeding Fair Market Value (9:16)
  • NIL Deals That Involve Institutions and/or Boosters (12:19)
  • Timing of NIL Deals and School Enrollment (14:05)

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

Episode 2: State Laws on NIL

Join Troutman Pepper litigators Cal Stein and Chris Brolley for a podcast series analyzing the legal landscape surrounding NIL rights for student athletes. 

In this second installment, we analyze the myriad state laws associated with NIL rights and laws, including common elements and differences across states. Specific topics include:

• Overview of State NIL Legislation (0:54)
• Common Elements in State NIL Laws
• Fair Market Value for NIL Compensation (5:33)
• Compensation From Boosters/Third Parties (7:24)
• Institutional Facilitation of NIL Opportunities (8:27)
• Student Athlete Use of Institutional IP (10:18)
• Timing of NIL Deals (11:31)
• Limits on Professional Representation (Agents) (12:57)
• Jurisdiction: Which State Laws Apply (13:40)
• Conflicts Between State Laws and NCAA Guidance (16:38)

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

Join Troutman Pepper litigators Cal Stein and Chris Brolley for a podcast series, analyzing the legal landscape surrounding NIL rights for student athletes. 

In this first installment, we delve deep into the current NCAA guidance on NIL rights and laws. Specific topics include:

• How We Arrived Here: A Brief History of the NIL (2:11)
• The NCAA Interim Policy on the NIL (3:53)
• NCAA Guidance on Third-Party Involvement in the NIL (Boosters) (9:23)
• NIL Deals for International Students (13:18)

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