Summary

Now, more than ever, colleges, universities and their athletes, supporters, and marketing partners need innovative legal strategies and advice to succeed both on and off the field.

Under the NCAA’s Interim NIL Policy, student athletes can now be compensated for use of their name, image, and likeness. The NCAA’s Policy has transformed the landscape of collegiate sports overnight. But the terrain is ever-changing, which leaves much uncertainty with respect to the roles, rights, and responsibilities of the universities, athletic departments, and “collectives” seeking to support student athletes by offering NIL opportunities. In this complex environment, there are times when the best of efforts can go awry, and additional resources are needed to meet these challenges. Hahn Loeser can team with you and your organization to help tackle these issues, providing innovative legal strategies and advice, so you can succeed both on and off the field.

Student-athletes, universities and colleges, sponsors, and collectives are moving forward with little-to-no guidance from the NCAA regarding compliance with the NCAA Policy, with no federal legislation in reasonable sight, and with NIL laws varying state by state. This presents a multitude of practical compliance hurdles and legal vulnerabilities.

The Hahn Loeser team has closely followed recent developments at the state and NCAA levels, as well as Federal legislation developments, relating to a student athlete’s use of their NIL. We are at the forefront of the NIL issue and have a detailed understanding of the various legal facets of the NCAA NIL Policy. Together, our team advises institutions, sponsors, and collectives on the constant changes to mitigate risk, avoid reputational damages, institute policies for compliance, and otherwise counsel on steps necessary to ensure that recruits and student-athletes do not have their NCAA eligibility jeopardized.

Our attorneys provide clients with knowledge and experience covering a wide-range of NCAA NIL issues, and can provide services to address the wide-array of issues in the collegiate sports world, including:

  • Interpretation and guidance of rules and laws for universities, corporate sponsors, and collectives
  • Drafting of NIL Policies for academic institutions, consistent with NCAA Policy and with the educational missions of such institutions  
  • Ensuring policies protect universities, collectives, and student athletes
  • Strategizing on brand development, business, entrepreneurship, and opportunity evaluation
  • Compliance