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Structuring Student-Athlete NIL Agreements: Recent Decisions, Regulations, and Key Developments

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 18, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 31, 2025

or call 1-800-926-7926

This CLE course will guide counsel to companies, universities, and student-athletes on name, image, and likeness (NIL) agreements. The panel will discuss the recent decisions and NCAA policy that opened the door to allow student-athletes to monetize their NIL. The panel will address key considerations for counsel and offer best practices for negotiating and structuring these agreements while ensuring student-athlete compliance with relevant regulations.

Description

The NCAA implemented their revised NIL rules under which universities can help current and former college athletes by identifying potential NIL deals and facilitating such deals. Further, universities can contract with NIL service providers but they cannot contract for such services as compensation to the student-athletes. The revised rules went into effect on Aug. 1, 2024.

In 2021 the Supreme Court in a unanimous decision struck down NCAA caps on education related benefits. While the landmark decision opened up financial opportunities for student-athletes, the decision also created potent regulatory and compliance challenges for potential sponsoring companies. Since that decision, the courts have addressed various aspects of NIL compensation and its implications.

Counsel for companies, universities, and athletes must keep in mind the various governing policies, including respective state law, NCAA procedures, and university regulations, with which the NIL relationships and agreements must comply. The last thing anyone wants to do is have an NIL agreement result in disqualification of the student-athlete from being able to perform.

Listen as our authoritative panel examines the latest developments in student-athlete NIL agreements. The panel will address the key considerations for counsel and offer best practices for negotiating and structuring these agreements while ensuring compliance with NCAA regulations, university policies, state laws, intellectual property rights, and other considerations.

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Outline

  1. Recent decisions and regulations
    1. NCAA v. Alston (U.S. 2021)
    2. Recent court decisions
    3. New NCAA NIL policies
    4. State law and regulations
  2. University policies
  3. Athlete considerations
  4. Intellectual property issues
  5. Business and branding considerations
  6. Best practices and practical takeaways

Benefits

The panel will review these and other key issues:

  • How has the playing field changed for student-athletes' ability to endorse goods and services?
  • What key considerations should companies keep in mind before entering into an NIL agreement with student-athletes?
  • What best practices should counsel employ when structuring student-athlete-involved NIL agreements?
  • What are the key intellectual property, branding, and legal/NCAA compliance issues facing student-athletes, universities, and businesses?

Faculty

Boland, Robert
Robert A. Boland

Of Counsel, Co-Chair Hospitality, Leisure and Sports Business Sector
Shumaker, Loop & Kendrick

Mr. Boland’s practice centers on collegiate and professional sports, including NIL matters, where he helps...  |  Read More

Edel, Martin
Martin D. Edel

Of Counsel, Co-Chair Sports Law Practice
Goulston & Storrs

Mr. Edel is a recognized leader in sports and colleges and universities, teams, and leagues regularly seek his...  |  Read More

Evrard, Richard
Richard Evrard

Member, Co-Chair Collegiate Sports Practice
Bond, Schoeneck & King

Mr. Evrard represents colleges and universities nationwide in NCAA compliance, infractions and legal matters and has...  |  Read More

Attend on February 18

Early Discount (through 01/31/25)

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Early Discount (through 01/31/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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