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Philip represents clients in sectors such as financial, tech, real estate, and energy in a range of litigation matters. He is experienced in matters involving trade secrets, government investigations, commercial contracts, construction and product defect.

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.

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.

The preliminary injunction issued by the Circuit Court of DeKalb County, Alabama blocking enforcement of the NCAA’s six-year show-cause penalty against former University of Tennessee head football coach Jeremy Pruitt represents more than another legal challenge to college sports governance. The ruling rests on due process grounds that carry implications extending beyond this individual case, reaching directly into both the NCAA’s existing enforcement apparatus and the College Sports Commission’s emerging investigative framework.

The NCAA’s five-year eligibility rule continues to face sustained antitrust scrutiny. The most recent challenge has been raised in the Southern District of Iowa by Cuban-born Division I wrestler Reineri Andreu Ortega in the case Ortega v. NCAA, No. 25-CV-00496. As with similar challenges, Ortega challenges the NCAA’s practice of starting an athlete’s eligibility clock before the athlete ever enrolls at an NCAA institution, arguing that the rule unlawfully restrains athlete labor markets in violation of Section 1 of the Sherman Act.

The College Sports Commission (CSC) has circulated a 10-page University Participation Agreement that would dramatically reshape NIL and direct-payment enforcement. The biggest shift: schools would waive their right to challenge CSC rulings in court and funnel all disputes into the arbitration system created by the House settlement. The agreement only takes effect if every school signs.

The College Sports Commission (CSC) has circulated a 10-page University Participation Agreement that would dramatically reshape NIL and direct-payment enforcement. The biggest shift: schools would waive their right to challenge CSC rulings in court and funnel all disputes into the arbitration system created by the House settlement. The agreement only takes effect if every school signs.

Background

The movement to allow student-athletes to profit from their name, image, and likeness (NIL) continues to sweep across the nation, reshaping amateur athletics from coast to coast. What began as a collegiate phenomenon has steadily made its way into high school athletics, with nearly every state now allowing young athletes to benefit from their NIL in some form.[1]

Background: From the Trial Court to the Appeal

Diego Pavia’s journey to a NCAA Division I starting quarterback position was anything but conventional. After leading his junior college (JUCO) team to a national championship, Pavia transferred to first one, then a second, Division I school. By 2024, Pavia became a breakout star in the SEC, leading his school to a historic win and drawing attention from NFL scouts. He also began receiving lucrative offers tied to his name, image, and likeness, yet his eligibility was in doubt.