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 Chris Brolley discuss the NCAA’s recent $2.8 billion antitrust settlement, which introduces a new revenue-sharing model and signals a shift from traditional amateurism. They also explore implications for NIL rules, the potential for student-athletes to become employees, and future legal challenges for the NCAA.

Specific topics include:

  • Background on the House case (2:30);
  • Framework of the proposed House settlement (6:37);
  • Does this settlement mark the end of NCAA “amateurism”? (10:40);
  • Impact of this settlement on NIL and collectives (13:46);
  • Addressing student-athletes becoming school employees (17:05);
  • Implications for Title IX compliance (19:05);
  • Does this settlement save the NCAA as an institution? (22:08); and
  • Will this settlement finally put an end to the NCAA’s legal issues? (24:14).
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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)

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.

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.