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. The podcast 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 attorneys Cal Stein, Mike Lowe, and Chris Brolley discuss the December 5 letter from NCAA President Charlie Baker to NCAA Division I schools, in which Baker outlined his proposal for drastic changes to the NCAA rules framework governing educational benefits provided and compensation paid to student-athletes.

Specific topics include:

  • Introduction to NCAA’s new NIL proposal (2:41);
  • Introduction to the three fundamental changes to NIL rules (4:36);
  • Division I schools to offer any level of enhanced education benefits deemed appropriate (6:23);
  • Permitting schools to enter NIL deals directly with student-athletes (9:56);
  • New rules for the schools with the highest level of resources (15:14);
  • NCAA’s recognition of the difference between big schools/brands and small schools/brands (18:53); and
  • NCAA’s recognition of the need for flexibility (21:19).
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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 Michael S. Lowe Michael S. Lowe

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the

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As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the NIL and higher education space. He currently represents an NCAA Division I athletic conference in connection with the settlement of the House antitrust litigation, as well as NIL issues and conference policies and procedures. He also has provided advice to an NCAA Division I university in connection with NIL and has experience with investigations of potential NIL violations. In addition to representing clients in this area, Michael frequently writes, speaks, and presents on cutting-edge NIL issues.

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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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