Photo of 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) 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.

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley discuss the recent Q&A document released by the NCAA and conferences, focusing on the guidance providing clues for how enforcement may look under the College Sports Commission in the post-House settlement landscape. Among other topics, they examine the role of the College Sports Commission in investigating NIL rule violations, the arbitration process for contested penalties, and enforcement issues related to high school and transfer athletes. The episode also covers compliance with roster limits, the benefits cap, and scrutiny of third-party NIL deals involving associated entities.

The newly formed College Sports Commission has named its first two executive leaders as it begins formal operations in the wake of the House v. NCAA settlement. Bryan Seeley[1] will serve as the commission’s inaugural chief executive officer and Jonathan Bramlette[2] will serve as its director of operations

A week after the approval of the $2.5 billion class action settlement of House v. NCAA (settlement), the NCAA and defendant conferences (i.e., Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, and Southeastern Conference) released a question and answer document (Q&A Guidance) providing guidance on the settlement’s implementation. This post covers insights from some of the Q&A Guidance for Division I membership to consider on the eve of radical collegiate athletic change.

A three-page memo distributed to schools provides further clarity regarding Deloitte’s role as the approved clearinghouse for name, image, and likeness (NIL) deals, as outlined in the House settlement and guidance documents. Deloitte’s NIL clearinghouse and review platform will be known as “NIL Go.” We briefly addressed the role of the NIL clearinghouse in a previous blog post.

On April 23, U.S. District Judge Claudia Wilken temporarily rejected the terms of the settlement in House v. NCAA, effectively issuing an ultimatum to the parties: fix the roster limits issue or risk blowing up the settlement. We have discussed the House case and the terms of the settlement in several NIL Revolution blog posts and Highway to NIL podcast episodes.

Recently, Pennsylvania’s Saint Francis University announced its decision to reclassify its intercollegiate athletics program from NCAA Division I to Division III, citing the difficulty in governance associated with college athletics, which is only growing in “complexity based on realities like the transfer portal, pay-for-play, and other shifts that move athletics away from love of the game.” Saint Francis is the first school to reclassify its athletics programs in response to the pending House settlement.

Recently, the U.S. District Court for the Middle District of Georgia denied a request from a D-1 baseball player for a temporary restraining order (TRO) against the NCAA related to his eligibility, as well as a preliminary injunction for the same. Dylan Goldstein, an outfielder for his school’s baseball team, sought immediate reinstatement for the 2024-2025 academic year after exhausting his eligibility under current NCAA Bylaws.