In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Mike Lowe, and Brett Broczkowski delve into the latest guidance from the College Sports Commission (CSC) regarding name, image, and likeness (NIL) deals. They explore the criteria set by the CSC for evaluating NIL deals, including payer association, valid business purpose, and range of compensation. The discussion highlights the implications for associated entities, particularly collectives and boosters, and the potential shift in their roles due to the new guidelines.

Key topics include:

  • Background on the CSC (2:16);
  • Associated payer criteria for NIL deals (4:14);
  • Valid business purpose for NIL deals (6:41);
  • Range of compensation for NIL deals (13:20);
  • Possible CSC enforcement activity against student-athletes (16:00);
  • NIL deal reporting requirements: multiyear deals and deals under $600 (19:07);
  • Range of compensation versus fair market value (23:05).

Transcript: CSC Guidance Unveiled: NIL Enforcement and Implications for Collectives (PDF)

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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 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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