Update on Structuring Student-Athlete NIL Agreements: Recent Decisions, Regulations, and Key Developments

On January 5, 2023, Schnader’s Drew Kastner, Stephenie Yeung, and Monica Matias, joined by Loeb and Loeb’s Brian Socolow, presented a live video webinar with Q&A titled, “Update on Structuring Student-Athlete NIL Agreements: Recent Decisions, Regulations, and Key Developments.”

In National Collegiate Athletic Association v. Alston (U.S. 2021), the Supreme Court in a unanimous decision struck down NCAA caps on education related benefits. Perhaps even more influential than the Court’s main holding was the concurrence by Justice Kavanaugh, criticizing the NCAA’s business model and stating that it “would be flatly illegal in almost any other industry.” While the landmark decision opened up financial opportunities for student-athletes, the decision also created potent regulatory and compliance challenges for various parties within the industry.

This CLE course guided counsel to companies, universities, and student-athletes on name, image, and likeness (NIL) agreements. The panel discussed continuing developments since the U.S. Supreme Court decision and NCAA interim policy that opened the door to allow student-athletes to monetize their NIL. The panel addressed key considerations for counsel and offer best practices for negotiating and structuring these agreements while ensuring student-athlete compliance with relevant regulations.