Name, Image, Love Vol. 1: New Year, Same Problems . . .

Introduction?

Happy New Year! First, I want to say thank you for even clicking the link (and hopefully subscribing) to the "NILove" newsletter,?where every week I will provide insights such as: industry news, deals of the week, and my personal thoughts on the ever-evolving name, image, and likeness (NIL) space.

For those of you who don’t know me, you may be wondering what qualifies me to speak on things in the NIL world. For starters, I am a former Division I football player at Bowling Green State University (Ay Ziggy!), graduate of the University of San Francisco School of Law where I dove deeply into the legal happenings that eventually led to what NIL is today, and lastly, I have been?fortunate enough to work on behalf of some of the top college football players in the country in their NIL endeavors, negotiating many NIL deals. In addition to this, I have advised many executives, agents, companies, lawyers, student-athletes, etc. on all things NIL, from what brands are looking for in athletes to creating pitch decks for head coaches lobbying for their university/alumni to start a collective. I have had experience in the NIL world from just about every level, and I hope to be able to pass what I have learned, what I am still learning, and my own personal thoughts and insights to all of you.

Now that all of that is out of the way, let’s start this ride together . . . ?

Industry News?

• Alleging a promise of $250,000 each, six former Florida State University basketball players have filed a?lawsuit against current FSU head coach Leonard Hamilton?
• After voting in March to unionize, at the time, a landmark move in college athletics, Dartmouth men’s basketball players have withdrawn their petition with the National Labor Relations Board to unionize?
• University of Louisville punter, Brady Hodges, says that he opted out of playing in the Sun Bowl due to unpaid NIL payments from the universities collective?

Deals of the Week

• University of Colorado star quarterback Julian Lewis has signed an NIL deal with Fanstake, a company that allows fans to pledge money to athletes that they want to join or stay with their team?
• Through a partnership with Element Electronics, Ohio State quarterback Will Howard gifted all 130 of his teammates 55-inch flat screen tv’s ?
• UCLA women’s basketball player Londynn Jones has signed an NIL deal with?Playa Society and CashApp, showcasing their collaboration?

My thoughts?

• Collectives are still collecting. That statement may be confusing, but there are rumors that many collectives are struggling to raise money and keep things afloat, and while that may be true for some, the athletic programs that need or are eager to sign top transfers, recruits, or retain top talent seem to find a way to do so. In my opinion, the struggles of some are no different than any other company in any other industry when it comes to signing/retaining talent in that at times tough decisions must be made, whether it be forgoing certain talent or making cuts in certain areas. In many ways the NIL world is no different than any other business, and while many try to treat it differently, the sooner that many switch their mindset from treating college athletics, a billion-dollar industry, different than other billion-dollar industries, the sooner a lot of the issues or perceived issues will be resolved.
• A few weeks ago, a federal judge in Tennessee granted Vanderbilt quarterback Diego Pavia a preliminary injunction allowing him an “extra” year of eligibility which subsequently led the NCAA to grant waivers to other similarly situated former JUCO players, allowing them an additional year of eligibility. This sparked a lightbulb moment in my head, one that went against everything that I ever thought of when it came to junior college and “four-year university” eligibility (the traditional JUCO years counting against four-year eligibility), this lightbulb moment was the simple question of why? Why does the NCAA even care? Practically speaking from a competitive standpoint JUCO players spend a maximum of two years (speaking from a football and basketball perspective, most of the time the top players, one year) in JUCO. Many will say that this will cause JUCO to be a farm system for coaches in recruiting, that it will hinder the middle of the pack players, and that it will affect player development. Even with these statements, my question remains the same, why does the NCAA care? I will dive deeper into this as the situation plays out, but in my opinion, it is about control.
• An issue that has weighed heavily on me is the issue that now former Penn State quarterback Beau Pribula faced a few weeks ago in having to depart his team and announce his intentions to transfer. While many may not feel sorry for him (he transferred to Missouri for reportedly over $1M) many fail to realize that while he had to make a decision that’s best for him and his future, it doesn’t take away the blood, sweat, and tears that he has put into his now former team, the relationships he’s built with teammates, coaches, and staff, and how he can’t fully live out what he worked so hard for this offseason, a chance to help his team try to win a national championship in the first ever 12 team college football playoffs, a potentially once in a lifetime opportunity all because of the current transfer portal rules and deadlines. There is no way that the transfer portal should be open/closed during the college football playoffs and the NCAA needs to figure out a way to have situations like this avoided for the betterment of its?student-athletes who work extremely hard to get where they are. It is not just about the money, everyone would do what is better for them and their future, but that should not then essentially preclude the player from everything that they worked for up until their transfer. ?

Conclusion

That’s a wrap for Vol. 1 of NILove. I hope you all enjoyed, and that this newsletter was insightful, sparked thought, and conversation. Please feel free to share this resource on LinkedIn or any other platform. I look forward to connecting with many of you. ?