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 and Mia Marko discuss the implications of the recent preliminary injunction issued against the NCAA, which enjoins the NCAA from enforcing certain NIL restrictions on student-athlete recruitment activities. They discuss the NCAA’s response to this ruling and potential future enforcement of NIL rules.

Specific topics include:

  • An overview of the Tennessee Federal Court’s order on NIL (3:02);
  • The NCAA NIL rules affected and those not affected by the Tennessee court order (5:38);
  • Possible NCAA enforcement of the “NIL Recruiting Ban” against institutions (9:34);
  • NCAA enforcement of October 2022 NIL Guidance: permissible and impermissible institutional support for NIL activities (12:44);
  • How the NCAA could pivot its enforcement activity: the quid pro quo requirement (17:46);
  • How the NCAA could pivot its enforcement activity: NIL compensation from institutions (23:32);
  • Strategies for institutions to mitigate NIL enforcement risk (26:16).
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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 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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