Structuring Student-Athlete NIL Agreements: Recent Decisions, Regulations, and Key Provisions
Recording of a 90-minute premium CLE video webinar with Q&A
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 U.S. Supreme Court decision permitting student-athletes to use their NIL. The panel will address the considerations for counsel and offer best practices for negotiating and structuring these agreements while ensuring student-athlete compliance with NCAA regulations to preserve eligibility.
- How did we get here? Recent decisions and regulations
- NCAA v. Alston (U.S. 2021)
- Other court decisions
- NCAA interim NIL policies
- State law and regulations
- What has not changed?
- University policies
- What is and isn’t the role of the university?
- What is not permitted?
- Interaction with athletes, agents, and businesses
- Issues involving usage rights, exclusivity, social media, etc.
- Denials and dispute resolution process
- Athlete considerations
- Disclosure to the school
- Impact on financial aid
- Source of endorsement
- Agency representation
- Considering university options based on NIL opportunities
- Intellectual property issues
- Athlete registration of their IP
- Evaluating the school’s existing IP portfolio
- Decisions about making the school’s IP and facilities available
- Royalty decisions
- The need to monitor and police IP use
- Business and branding considerations
- Risks presented by certain kinds of endorsements
- Morals clause
- Structuring compensation incentives
- Individual versus team-wide opportunities
- Open discussion about best practices and practical takeaways
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?
Barry M. Benjamin
Partner; Chair Advertising and Marketing Group
Kilpatrick Townsend & Stockton
Mr. Benjamin’s practice focuses on advertising, privacy, and technology transactions, in areas where traditional... | Read More
Mr. Benjamin’s practice focuses on advertising, privacy, and technology transactions, in areas where traditional and digital media converge, and where evolving distribution platforms and data gathering tools push the boundaries of intellectual property rights, privacy, technology, and content. He regularly advises clients small and large, from multinational corporations to start-up ventures, across numerous industries including retail, fashion, gaming, telecommunications, cosmetics, food and beverage, consumer products, and technology. Mr. Benjamin regularly negotiates technology and commercial contracts, including advertising industry contracts such as agency-client deals, brand licensing, promotion, native advertising, celebrity talent, endorsement, influencer, and sponsorship agreements, as well as technology contracts such as website development agreements, programmatic media transactions, email marketing and list rental, software development, and hosting agreements. He also has an extensive and varied counseling practice, advising on the structure of and reviewing advertising and marketing campaigns, and drafting terms and conditions for all forms of marketing and promotion initiatives, including sweepstakes, online, mobile, and app games, skill contests, social media engagement, fantasy sports, email, text messaging, and charitable marketing and co-venture programs. Mr. Benjamin is a frequent speaker on advertising, marketing, privacy, and emerging media issues, and has written articles in many different publications.Close
W. Drew Kastner
Partner; Co-Chair of the Intellectual Property Practice Group
Schnader Harrison Segal & Lewis
Mr. Kastner is an experienced intellectual property attorney whose practice includes handling trademark and copyright... | Read More
Mr. Kastner is an experienced intellectual property attorney whose practice includes handling trademark and copyright licensing and general intellectual property matters. Mr. Kastner draws on his previous experience as president of the trademark licensing division of an intellectual property advisory and transactions firm to provide first-hand understanding of the complexities of intellectual property law. His intellectual property background is complemented by significant experience in litigation and technology from the dual perspectives of in-house and outside counsel. Mr. Kastner regularly assists clients in the sports, entertainment, broadcasting, technology, and communications industries, and has served as senior IP counsel for large technology and broadcast corporations. Mr. Kastner manages diverse IP portfolios for Fortune 500 companies, and provides his clients with counsel on matters ranging from applications to litigation. He has served as chief IP and licensing counsel to the Mickey Mantle Family for 30 years.Close
Brian R. Socolow
Partner; Co-Chair of Sports Practice
Loeb & Loeb
Mr. Socolow represents athletes, teams, event owners, media companies, equipment manufacturers and others in the sports... | Read More
Mr. Socolow represents athletes, teams, event owners, media companies, equipment manufacturers and others in the sports industry in complex commercial transactions and business disputes. He has handled transactions ranging from media broadcast and distribution agreements, sponsorships and trademark licenses to venue agreements and the purchase and sale of sports properties. Most recently, Mr. Socolow has represented subscription sports streaming service provider DAZN on rights deals with several professional boxers, represented smart home services provider Vivint in its naming rights deal for the arena home to the Utah Jazz, represented a group seeking an MLS expansion franchise, represented professional a new tennis tour, Behind the Racquet Tour, in all legal aspects, and counseled the World Freerunning Parkour Federation in negotiations with the International Gymnastics Federation. Over the past year, Mr. Socolow has represented several professional athletes in connection with endorsement deals, commercial transactions and investments, and general corporate advice, including NBA basketball players John Wall, Tristan Thompson and Donovan Mitchell, as well as professional golfer Brandon Wu.Close
Stephenie Wingyuen Yeung
Partner; Co-Chair of the Privacy and Data Security Practice Group
Schnader Harrison Segal & Lewis
Ms. Yeung leads the firm’s work in counseling clients on issues of data privacy, including preparing privacy... | Read More
Ms. Yeung leads the firm’s work in counseling clients on issues of data privacy, including preparing privacy policies and procedures, and cross-border data transfers. She is also a member of the Intellectual Property Practice Group. Her practice ranges from protecting clients’ IP through securing trademark and copyright registrations from the U.S. Patent and Trademark Office and Copyright Office, monetizing and licensing those assets, to enforcing those rights through administrative proceedings, arbitration, and litigation in federal courts. These clients operate in a range of industries, including technology, health care, sports, and higher education. Ms. Yeung is a member of the Litigation Services Department and the e-Discovery Practice Group. In that role, she regularly counsels clients on e-discovery issues and manages e-discovery projects to ensure efficiency and cost-effectiveness.Close