In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Chris Brolley, and George Pla look at the post-House settlement landscape, including the revenue-sharing pool that allows schools to pay athletes up to 22% of athletic revenue. They examine how those payments may impact athletic budgets and nonrevenue sports, and how schools may seek to make up any shortfalls by, among other things, maximizing their media rights revenue through incentive-based agreements and exploring private capital investments.
NIL Regulations and Laws
NCAA Amends Bylaws as CSC Hires Former Federal Prosecutor
The NCAA Division I Board of Directors has adopted emergency legislation that allows the College Sports Commission (CSC) to declare Division I student-athletes ineligible for failing to disclose noninstitutional name, image, and likeness (NIL) deals within five days of entering into those deals. The emergency amendment also imposes obligations on institutions that learn that a student-athlete has failed to disclose the NIL deal.
Anonymous Reporting in College Sports: A Game-Changer for NIL Compliance
On October 8, the College Sports Commission (CSC) launched an anonymous tipline that facilitates the confidential reporting of possible violations related to third-party name, image, and likeness (NIL) agreements and revenue distribution in college athletics. This comes after Front Office Sports reported that several major power conference collectives are giving up on trying to work through the NIL Go clearinghouse established in the House v. NCAA settlement. We have previously written about the terms of the House settlement.
Moving the Goalposts: CSC Adds and Subtracts Guidance on the “Valid Business Purpose” Standard
As we reported last week, the College Sports Commission (CSC) issued initial guidance on how it would evaluate student-athlete NIL deals. As part of that guidance, the CSC promised to make available additional information “pending discussions with House class counsel.”
What the House v. NCAA Settlement Means for the Future of NIL and College Sports
The wait is over. On June 6, 2025, Judge Claudia Wilken of the U.S. District Court for the Northern District of California approved the $2.576 billion class action settlement in House v. NCAA.
NIL Recruiting Ban About to Become a Thing of the Past
The National Collegiate Athletic Association’s (NCAA) name, image, and likeness (NIL) recruiting restrictions, referred to as the “NIL recruiting ban,” are about to become a thing of the past.
American Athletic Conference Imposes Mandatory House Settlement Pool Participation on Member Institutions
How NCAA Division I conferences choose to deal with the implications of the House, et al., v. NCAA, et al. settlement, and in particular the revenue-sharing mechanism known as the “pool,” has been the subject of much speculation and debate. Commentators have asked whether conferences will require participation, or leave…