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Michael S. Lowe

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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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On July 29, 2026, Nebraska’s athletic director announced that the College Sports Commission (CSC) had approved a restructured set of NIL deals for the same 18 Nebraska football players whose deals were arbitrated, totaling $7.5 million — the same dollar amount as the agreements the CSC previously denied. As discussed in our prior post, “The Great Divide Post-House: CSC Enforcement and the Power Four Conferences,” Arbitrator Andrew M. Strongin issued a binding May 11, 2026, ruling upholding the CSC’s denial of $7.5 million in NIL deals structured through Nebraska’s exclusive multimedia rights (MMR) partner.

On July 27, 2026, Stanford University football players took a notable step in the continuing transformation of college athletics. The team became the first college football program to form a current, player-led chapter of the College Football Players Association (CFBPA), an organization advocating for player representation, collective bargaining, and improved protections for college football players. Stanford’s announcement is significant not because a union is imminent, but because it suggests that NIL, revenue sharing, and collective bargaining may now be moving toward the same legal and commercial conversation.

On June 23, 2026, the NCAA Division I Cabinet unanimously approved a historic overhaul of student-athlete eligibility rules, adopting an age-based model that grants student-athletes five full seasons of competition after entering college. The vote marks the most significant structural change to NCAA eligibility rules in decades and resolves — at least formally — a system that had become both legally vulnerable and administratively unworkable.

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Mike Lowe break down President Donald Trump’s executive order, “Urgent National Action to Save College Sports.” Cal and Mike unpack the order’s call for a national NIL framework, proposed five-year eligibility caps and transfer limits, protections for women’s and Olympic sports, tighter rules on tampering and “fraudulent” NIL deals, and the directive to challenge state laws that conflict with interstate college sports governance.

The name, image, and likeness (NIL) era has transformed more than compensation. It has reframed eligibility as an economic right — and that shift is driving a new wave of litigation against the NCAA.

Recent cases involving quarterbacks Diego Pavia, Trinidad Chambliss, and Joey Aguilar illustrate both the growing pressure on NCAA eligibility rules and the doctrinal fault lines that determine who obtains emergency relief — and who does not.

In this episode of Highway to NIL, Troutman Pepper Locke attorney Cal Stein is joined by colleagues Mike Lowe, Philip Nickerson, George Pla, and Derek Centola for a “desk drawer” tour through some of the most consequential recent developments in NIL and college sports. The group unpacks a wave of NIL contract disputes involving high-value athletes, the escalating legal fights over eligibility and the five-year rule, and the emerging governance battles around the College Sports Commission’s (CSC) participation agreement.

Just weeks ago, we reported that the College Sports Commission (CSC) would be ramping up investigations into unreported third-party NIL agreements. The CSC has since made good on that promise. On January 30, The Athletic reported that Louisiana State University’s (LSU) athletic director, Verge Ausberry, received an email from the CSC’s head of investigations, Katie B. Medearis, informing the institution that they were under investigation regarding potential failure to report multiple third-party NIL deals.  

Key Takeaway:

After decades of minimal federal activity, the Sports Agent Responsibility and Trust Act (SPARTA) is drawing renewed attention. A January 2026 Federal Trade Commission (FTC) inquiry into sports agent practices may signal a meaningful shift in enforcement — particularly in the NIL era.

On January 8, the College Sports Commission (CSC) issued guidance in direct response to a recent news report from Yahoo Sports that examined college football student-athletes being offered third-party NIL deals that violate the terms of the House settlement — making promises of third-party NIL money that does not yet exist — designed to induce transfers or retain players.