NIL - Texas style

In a nutshell, listening from a panel on NIL I listened to

NCAA vulnerable to lawsuits alleging NCAA regulations violate state NIL statues and federal antitrust law. Athletes, boosters, businesses, agents etc. would have standing to sue. The anti trust part is important, that’s what they want from a congressional bill (good luck with that)

NCAA and its members are already being sued over NIL. House v. NCAA, college athletes say denying NIL until 2021 violated antitrust law. (Hard to prove)

NCAA can contractually require member schools to enforce NIL rules. This sets up potential breach lawsuits if schools refuse. This would be messy

The NCAA might believe NIL is worth the legal fight. Reasonable restrictions on competition are lawful. NCAA has gotten in trouble for inflexible restrictions. Depends how far they want to go
 
FlaPack said:
Agree, that’s restraint of trade and would get toasted by any court
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The NCAA is facing a major hurdle not only from the future, but past practices, and what could easily be deemed restraint of trade. I can only imagine the fines and assessments that could be levied against them, and in essence, the colleges and universities who have been part of the organization. As far as proving it, because of today's status, it won't be up to the plaintiff to prove, but the job of the defendant to prove that they did not restrict them. Fact is, they did, and it's in the open.

When I see some of the court orders in regard to withheld rights of earnings in private industry, I'm stunned at how bad this could be. I even wonder how far back in time they could go, to demand payment for NIL that they were deprived of while competing.

I see two choices. Either the NCAA finds a way to make peace with those supporting free NIL actions, and get an agreement in principle as to a settlement for the past, or face an onslaught of litigation and expenses that will eventually drive them into the ground. Even then, I'm not certain the NCAA, as it exists, can survive this mess.
 
TW said:
I see two choices. Either the NCAA finds a way to make peace with those supporting free NIL actions, and get an agreement in principle as to a settlement for the past, or face an onslaught of litigation and expenses that will eventually drive them into the ground. Even then, I'm not certain the NCAA, as it exists, can survive this mess.
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In a perfect world I would agree but who do you sell your soul to. Privately the member institutions don’t necessarily support free NIL. They support NIL that genie is out of the bottle but they want to have some guardrails on boosters / collectives. On the flip side they can’t get into agreements with collective since that would violate state laws already in place. So basically who do you want to pick a fight with.

What “could “ happen is for collectives and institutions, work together and adopt guidelines outside of the NCAA. The NCAA is not going to get into a pissing match with schools. Forget about money and caps and crap. That’s not happening. That would give collectives the opportunity to act as “booster organizations”, allow for tax write offs on “contributions”. The schools allows for 3rd party licensing giving the kids rights to marks and logos and profit a % on IP. Both make money
 
Also of note re: NCAA
The NCAA already had NIL rules. It just didn't enforce them. Any enforcement will likely be met with legal challenges. These rules have been in place since July 1, 2021. It’s not simple

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Read and article that NCAA talking about a new NIL rule but really would change nothing. NCAA has zero way to fix this because they are worried about lawsuits if they try to restrict NIL.
 
GBP4EVER said:
Read and article that NCAA talking about a new NIL rule but really would change nothing. NCAA has zero way to fix this because they are worried about lawsuits if they try to restrict NIL.
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They have had rules for 2 years and did not enforce them. See my post above. What the NCAA is saying now is let’s in force those rules, not write new ones
 
FlaPack said:
They have had rules for 2 years and did not enforce them. See my post above. What the NCAA is saying now is let’s in force those rules, not write new ones
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Well they have to figure out something can't let it continue way it is only going to get worse before it gets better
 
GBP4EVER said:
Well they have to figure out something can't let it continue way it is only going to get worse before it gets better
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They will try some enforcement. This part might have the best chance to cause collectives to have pause. It still opens the door for litigation. Depends on tolerance and who what’s to fight it
“NIL agreements must be based on an independent, case-by-case analysis of the value that each athlete brings to [a deal] as opposed to providing compensation…for enrollment decisions…or membership on a team.”

See below, Here are the specifics of the actual NIL guidelines that were just sent out to NCAA Division I membership, effective immediately. It’s going to get messy

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Read about that but they say so much gray area in that boosters will easily be able to get around it.
 
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