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, Howard Shire, and Connor DeFilippis discuss the NCAA’s March 1 memo, responding to the recent preliminary injunction issued against the NCAA. This injunction enjoins the NCAA from enforcing certain name, image, and likeness (NIL) restrictions on student-athlete recruitment activities.

Specific topics include:

  • NCAA Memo Part I: Settlement overtures? What might a permanent NIL injunction look like? (3:24);
  • NCAA Memo Part II: The NCAA is “pausing” NIL enforcement actions related to third parties. What should institutions do? (8:35);
  • NCAA Memo Part III: NIL restrictions not subject to injunction remain in effect. Will the NCAA pivot to enforcing those? (16:36);
  • NCAA Memo Part IV: The “practicality” of the NCAA’s response to the injunction. Is this response “practical”? (24:30);
  • NCAA Memo Part V: The pending Division I council proposal to create a new college athletics “subdivision.” Does the injunction make it more likely to pass? What about Title IX and student-athlete employment? (27:26); and
  • NCAA Memo Part VI: Who stands to benefit from the NCAA’s actions and proposals? (32:35).
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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 Howard Shire Howard Shire

With more than 30 years of experience protecting and defending his clients’ intellectual property, Howard provides a nuanced and sophisticated approach to help them reduce risk and resolve high stakes matters.

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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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