Newsletter, Image, Likeness Vol. 117: Time For State Legislatures To Get Back On The NIL Bandwagon
Darren Heitner
Founder of HEITNERLEGAL — Sports, Entertainment, Trademarks, Copyrights, Business, Litigation, Arbitration
The Weekly Longer NIL Thought.
The State of Connecticut is considering a bill that would allow athletes enrolled at institutions of higher education in the state to earn compensation through an endorsement contract or a revenue-sharing agreement directly with such institution, or an entity acting on behalf of such institution, provided the institution adopts one or more policies allowing endorsement contracts or revenue-sharing agreements with athletes and the athletes comply with such policy or policies.
Every state that currently has its legislature in session should consider similar legislation.
As I wrote in Vol. 115, Judge Wilken could reject the House v. NCAA settlement on or around April 7, 2025 (when she has scheduled a hearing on final approval of the settlement) or kick the can and choose not to rule. Either decision would subject many athletes' revenue-sharing agreements to be voided.
However, I am negotiating a clause into many revenue-sharing agreements that essentially states that the agreement is still valid and binding on the parties if the state in which the institution is based modifies its laws to allow for such direct payments from schools to players. In such a circumstance, it should not matter whether Judge Wilken gives her final blessing to the?House?settlement or whether it is appealed; the schools should be required to make such payments (assuming the contracts do not also require modifications to NCAA rules).
States and lawyers can take proactive measures on behalf of their athlete clients to ensure the smoothest process in the future, which is important when the landscape is as uncertain as this NIL space.
Ted Cruz Plans To Hold An Early Hearing Focusing On A Federal NIL Law.
Texas Considers Bill To Allow High School Athletes To Finally Enter Into NIL Deals.
Speculation That Possibly More Than 100 Objections Are Expected To Be Filed Today Concerning House V. NCAA Settlement.
The Collective Association Heads To D.C.
More than 45 NIL collective leaders?plan to?discuss the?House v. NCAA?settlement and a collective bargaining proposal.
FSU And USF Want To Get Institutional Support For Revenue Share Spending.
领英推荐
Hundreds Of Former Michigan Players Join NIL Lawsuit That Has A Pending Motion To Dismiss.
IRS Continues Denying 501(c)(3) Status For NIL Collectives.
The latest comes by way of a letter released on January 24. The IRS noted that the NIL collective's website seemed to prioritize NIL deals over charitable intentions and that athletes do not fall within the scope of a charitable class.
Arch Manning Signs With Red Bull.
Bill Belichick On NIL: "It Is What It Is."
“So, it is what it is. There’s a lot of money, promises and opportunity being discussed, and everybody is in on it. The players, the teams that have the players, the teams that are looking for the players, and following the guidelines of the process, which are not as well-defined as they were in the NFL, but that’s what it is.”
American Football Coaches Association Hires Lobbyists To "Improve The NIL Program."
The Coastal Athletic Association Has Opted Into The House Settlement.
Final Thoughts.
That is it for Vol. 117 of Newsletter, Image, Likeness. Thanks to the more than 9,615 people who have subscribed to this newsletter thus far, and please feel free to share this free resource with others on LinkedIn or elsewhere.
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Residential and Commercial Title Insurance
1 个月The NIL is ruining college sports. The NCAA is a mess. Most athletes that can earn NIL money are such a small percentage of student athletes, so the rest have to go along with these new rules. The coaches have more headaches to deal with. First the transfer portal, then NIL and roster limits (which is the only one I agree with). Then they will push the max scholarship limit to the max roster size. What that does is create an unlevel playing field for those college that don’t have the $ to support as many scholarships. The bigger richer schools will stack more talent on their roster, which is exactly what their intention was to eliminate by lowering the roster size.
Private practioner.
1 个月As a domiciliary of Connecticut, I am glad to see this proposed legislation and hope it evolves into law.
The Law Offices of Robert B. Pavelko, LLC (Owner)
1 个月The fact that states are passing or trying to pass legislation allowing schools to directly compensate athletes is why the House Settlement needs approval. The most important issue with college athletics at this time and is often not discussed is establishing parity in competition.
Plaintiff's Lawyer & Sports Agent Malpractice ? Legal Ethics & Professional Responsibility Issues ? College Athlete Rights Advocate
1 个月Why class-actions don’t require a vote by the class is beyond me, as then class counsel would have to contact each class member and actually get their approval or disapproval. Then we’d know the number of class members, their votes, and the number who didn’t vote, which would be indicative of how well the class was being represented. On the flip side, giving “legal notice” to young people without legal counsel just gives the facade of legitimacy. Why this opt-out period ends before the Judge has held a fairness hearing and issued a written opinion explaining to the class the factors she’s considered and how those factors weigh pro or con is beyond me. Right now, there is no legal settlement to opt out of. And then there’s this strange opt-in by CAA, which I don’t even know what that means: If it’s a defendant, then it offered to settle, I guess, but if it’s not a party, it’s not part of the settlement and thus can’t opt into one? And did it send a letter to the Judge, too? How would the Court otherwise know of such silliness, and if it did, would it be a flashing neon sign to the Judge that she’s lost control, if non-parties are purporting to opt-in?
Masters in Sports Leadership
1 个月Great article and the Connecticut portion is very interesting