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.

Former University of Nevada, Las Vegas (UNLV) football player Tatuo Martinson is the latest NCAA athlete to successfully convince a federal district court to enjoin the NCAA from enforcing its “five-year eligibility rule” against a former junior college (JUCO) athlete. Martinson joins Diego Pavia,[1] Jett Elad,[2] Cortez Braham Jr.,[3] and four West Virginia University football players[4] as having prevailed on this issue, in contrast to James Coley Jr.,[5] Jagger Giles,[6] and Jackson Hasz,[7] who had similar efforts rebuffed by the NCAA.

This week, the College Sports Commission (CSC) released its first NIL Deal Flow Report, providing a snapshot of activity across its NIL Go platform, though the rollout of the data was not without issue. The report captures platform and deal activity from June 11, 2025 — the date the platform launched — through August 31, 2025. The CSC released its initial report on September 4. On September 5, the CSC issued a corrected report, indicating that the misreported results were attributable to errors made by its outside consulting firm.

In this episode of Highway to NIL, Troutman Pepper Locke attorney Cal Stein breaks down President Trump’s “Saving College Sports” executive order. Stein highlights the order’s push for new name, image, and likeness (NIL) guardrails, protection and expansion of women’s and nonrevenue sports, and a crackdown on third-party pay-for-play payments. He also discusses the call for federal agencies to clarify student-athlete status, signaling possible changes ahead for college athletics governance. 

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.”

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Mike Lowe, and Brett Broczkowski delve into the latest guidance from the College Sports Commission (CSC) regarding name, image, and likeness (NIL) deals. They explore the criteria set by the CSC for evaluating NIL deals, including payer association, valid business purpose, and range of compensation. The discussion highlights the implications for associated entities, particularly collectives and boosters, and the potential shift in their roles due to the new guidelines.

On July 16, the U.S. Court of Appeals for the Seventh Circuit, in a 2-1 decision, overturned a preliminary injunction that would have granted University of Wisconsin cornerback Nyzier Fourqurean a fifth year of eligibility. The NCAA’s “Five-Year Rule” limits student-athletes to four seasons of competition within a five-year period. Fourqurean played four seasons: two at Grand Valley State University and two at the University of Wisconsin. The University of Wisconsin requested a waiver of the Five-Year Rule from the NCAA, citing circumstances that reduced Fourqurean’s playing time in his first season.

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…