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

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


Thursday, January 27, 2022

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

Early Registration Discount Deadline, Friday, January 7, 2022

or call 1-800-926-7926

This CLE webinar 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's 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 compliance with NCAA regulations.

Description

In National Collegiate Athletic Association v. Alston (U.S. June 21, 2021), the Supreme Court unanimously ruled that NCAA rules prohibiting student-athletes from leveraging their NIL for financial compensation violate federal antitrust laws. The landmark decision opened up new opportunities for student-athletes and put an end to the long-lasting debate. However, the decision also created potent regulatory and compliance challenges for the companies seeking endorsements, universities, athletes, and advisers.

On July 1, 2021, the NCAA's interim policy addressing the NIL issue went into effect. Under the interim policy, student-athletes can be compensated for endorsements without putting their NCAA eligibility at risk. However, there are other important factors to consider before entering into NIL agreements.

Counsel for the companies, universities, and athletes must keep in mind the various governing policies, including respective state law, NCAA procedure, and university regulations, with which the NIL relationships and agreements must comply.

Listen as our authoritative panel of IP attorneys examines the recent Supreme Court decision that allows student-athletes to use their NIL and other cases that have addressed the NIL issue. The panel will also discuss the student-athlete NIL agreements that have grown out of the decision. The panel will address the considerations for counsel and offer best practices for negotiating and structuring these agreements while ensuring compliance with NCAA regulations.

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Outline

  1. Recent decisions and regulations
    1. NCAA v. Alston (U.S. 2021)
    2. Other decisions
    3. NCAA interim NIL policies
    4. State law and regulations
    5. University policies
  2. Key provisions
    1. Usage rights
    2. Exclusivity
    3. Morals clause
    4. IP rights
  3. Other considerations
    1. Impact on financial aid and Pell grant eligibility
    2. Source of endorsement
    3. Agency representation
  4. Best practices

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?

Faculty

Benjamin, Barry
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

Kastner, W. Drew
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

Socolow, Brian
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

Yeung, Stephenie
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

Attend on January 27

Early Discount (through 01/07/22)

Cannot Attend January 27?

Early Discount (through 01/07/22)

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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