In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Chris Brolley, and George Pla look at the post-House settlement landscape, including the revenue-sharing pool that allows schools to pay athletes up to 22% of athletic revenue. They examine how those payments may impact athletic budgets and nonrevenue sports, and how schools may seek to make up any shortfalls by, among other things, maximizing their media rights revenue through incentive-based agreements and exploring private capital investments.

The NCAA Division I Board of Directors has adopted emergency legislation that allows the College Sports Commission (CSC) to declare Division I student-athletes ineligible for failing to disclose noninstitutional name, image, and likeness (NIL) deals within five days of entering into those deals. The emergency amendment also imposes obligations on institutions that learn that a student-athlete has failed to disclose the NIL deal.

Background

The movement to allow student-athletes to profit from their name, image, and likeness (NIL) continues to sweep across the nation, reshaping amateur athletics from coast to coast. What began as a collegiate phenomenon has steadily made its way into high school athletics, with nearly every state now allowing young athletes to benefit from their NIL in some form.[1]

On October 8, the College Sports Commission (CSC) launched an anonymous tipline that facilitates the confidential reporting of possible violations related to third-party name, image, and likeness (NIL) agreements and revenue distribution in college athletics. This comes after Front Office Sports reported that several major power conference collectives are giving up on trying to work through the NIL Go clearinghouse established in the House v. NCAA settlement. We have previously written about the terms of the House settlement.

This week, a federal judge in the Eastern District of Michigan dismissed a lawsuit brought by four former University of Michigan football players who claimed they had been deprived of profits derived from use of their name, image, and likeness (NIL). Judge Terrence G. Berg granted the motion to dismiss filed by defendants NCAA, the Big Ten Conference, and the Big Ten Network, holding that the statute of limitations had run on claims of all four former players.

Background: From the Trial Court to the Appeal

Diego Pavia’s journey to a NCAA Division I starting quarterback position was anything but conventional. After leading his junior college (JUCO) team to a national championship, Pavia transferred to first one, then a second, Division I school. By 2024, Pavia became a breakout star in the SEC, leading his school to a historic win and drawing attention from NFL scouts. He also began receiving lucrative offers tied to his name, image, and likeness, yet his eligibility was in doubt.

Former University of Nevada, Las Vegas (UNLV) football player Tatuo Martinson is the latest NCAA athlete to successfully convince a federal district court to enjoin the NCAA from enforcing its “five-year eligibility rule” against a former junior college (JUCO) athlete. Martinson joins Diego Pavia,[1] Jett Elad,[2] Cortez Braham Jr.,[3] and four West Virginia University football players[4] as having prevailed on this issue, in contrast to James Coley Jr.,[5] Jagger Giles,[6] and Jackson Hasz,[7] who had similar efforts rebuffed by the NCAA.

This week, the College Sports Commission (CSC) released its first NIL Deal Flow Report, providing a snapshot of activity across its NIL Go platform, though the rollout of the data was not without issue. The report captures platform and deal activity from June 11, 2025 — the date the platform launched — through August 31, 2025. The CSC released its initial report on September 4. On September 5, the CSC issued a corrected report, indicating that the misreported results were attributable to errors made by its outside consulting firm.

In this episode of Highway to NIL, Troutman Pepper Locke attorney Cal Stein breaks down President Trump’s “Saving College Sports” executive order. Stein highlights the order’s push for new name, image, and likeness (NIL) guardrails, protection and expansion of women’s and nonrevenue sports, and a crackdown on third-party pay-for-play payments. He also discusses the call for federal agencies to clarify student-athlete status, signaling possible changes ahead for college athletics governance. 

As we reported last week, the College Sports Commission (CSC) issued initial guidance on how it would evaluate student-athlete NIL deals. As part of that guidance, the CSC promised to make available additional information “pending discussions with House class counsel.”