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, Chris Brolley, Brett Broczkowski, and Connor DeFilippis, discuss the pending NIL antitrust case, In re College Athlete NIL Litigation.

Specific topics include:

  • Overview of the current In re College Athlete NIL Litigation (2:57);
  • Characteristics of the different classes of student-athletes (7:18);
  • Categories of damages: video game revenue, broadcast revenue, lost third-party NIL revenue (13:08);
  • Court’s class certification analysis: whether class issues “predominate” (15:12); and
  • Practical impact of the court granting class certification (25:15).
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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 Brett Broczkowski Brett Broczkowski

Brett is an associate in the firm’s Health Sciences Department, resident in the Philadelphia office. In addition to his pharmaceutical practice, Brett assists and advises NCAA Division I conferences and educational institutions on matters relating to the compensation for use of student athletes’…

Brett is an associate in the firm’s Health Sciences Department, resident in the Philadelphia office. In addition to his pharmaceutical practice, Brett assists and advises NCAA Division I conferences and educational institutions on matters relating to the compensation for use of student athletes’ name, image, and likeness (NIL).

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Photo of Connor DeFilippis Connor DeFilippis

Connor is an associate in the firm’s Business Litigation practice. He recently graduated magna cum laude from Villanova University Charles Widger School of Law, where he completed his J.D. and served as a student works editor for the Villanova Law Review.

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