The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. It provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.

In this installment, Troutman Pepper litigators Cal Stein, Chris Brolley, and Mia Marko discuss the recent NCAA NIL enforcement action against the University of Miami. Specific topics include:

  • Background on the University of Miami’s NIL Violation (3:23);
  • The NCAA’s Enforcement Action and Punishments (5:53);
  • The NCAA’s Focus on Punishing the Institution for an Inducement (11:04);
  • Key Takeaway #1: Impact of the NCAA’s New Charging Standard (13:12);
  • Key Takeaway #2: A Significant NCAA Warning to Boosters (15:29);
  • Key Takeaway #3: Limited Precedential Value of the Enforcement Action (16:45);
  • Key Takeaway #4: NCAA Scrutiny on Coaches’ Conduct (18:20); and
  • Key Takeaway #5: Enforcement Activity Regarding the Transfer Portal (20:34).
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Photo of Callan G. Stein Callan G. Stein

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL)

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Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL) rights and compliance. Cal provides NIL compliance advice and internal investigation services to major universities, including those that participate in Division I football and basketball, and likewise advises schools on athletics contracts, conference affiliations, conference realignment, and other NCAA-related issues. Cal also represents and advises businesses on NIL contracts, as well as NIL collectives on formation and compliance matters. Cal hosts the firm’s “Highway to NIL” podcast that discusses the legal landscape and developments in the area of NIL law.

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Photo of Christopher M. Brolley Christopher M. Brolley

Chris concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in…

Chris concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in matters ranging from breach of contract and corporate governance to data privacy and security. Chris advises higher educational institutions of all sizes, including colleges and universities, on Name, Image, and Likeness (NIL) compliance issues. He provides comprehensive guidance on permissible and impermissible NIL activities and navigating state NIL laws, NCAA Bylaws, and other NCAA policies. Chris creates and implements tailored strategies for mitigating the potential risk of NCAA and state attorney general enforcement activity. He co-hosts the firm’s Highway to NIL podcast that discusses the legal landscape and developments in the area of NIL law.

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Photo of Mia Marko Mia Marko

Mia focuses her practice on business litigation matters. She represents clients in complex litigation in a variety of areas, including commercial litigation, contract disputes, legal malpractice, and higher education litigation. In her higher education practice, Mia provides litigation, counseling, and investigative services to…

Mia focuses her practice on business litigation matters. She represents clients in complex litigation in a variety of areas, including commercial litigation, contract disputes, legal malpractice, and higher education litigation. In her higher education practice, Mia provides litigation, counseling, and investigative services to colleges, universities, and other educational institutions. She also assists and advises educational institutions on matters relating to the compensation for use of student athletes’ name, image, and likeness (NIL).

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