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, Mia Marko, and Dani Clifford discuss Title IX, a longstanding federal law that applies to educational institutions, and its intersection with the evolving landscape of name, image, and likeness (NIL) rights. They also explore the potential future scenario where NCAA institutions might start paying some of their student-athletes.

Specific topics include:

  • An overview of Title IX and how it applies to college athletics (2:30);
  • The intersection of Title IX and NIL (6:10);
  • Current and future Title IX compliance litigation (10:35);
  • The House settlement and Title IX (13:45);
  • Key takeaways about Title IX’s impact on NIL (21:18).

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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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Photo of Dani Clifford Dani Clifford

Dani has developed experience in the new and ever-changing area of the law involving Name, Image, and Likeness (NIL) rights and compliance in intercollegiate athletics, including devising and implementing tailored strategies for mitigating the risk of NCAA or state attorney general enforcement activity…

Dani has developed experience in the new and ever-changing area of the law involving Name, Image, and Likeness (NIL) rights and compliance in intercollegiate athletics, including devising and implementing tailored strategies for mitigating the risk of NCAA or state attorney general enforcement activity in that space.

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