June 25, 2022

Volume XII, Number 176


NIL and the Shifting Legal Landscape of College Sports

In response to the groundbreaking changes in college sports and the newfound freedom of student-athletes to commercialize and sell rights to their name, image, and likeness (“NIL”), Foley’s Sports & Entertainment Group has formed a multidisciplinary task force comprised of attorneys who are actively engaged in advising various stakeholders through their emergent needs. In the next installment of Foley’s “Business of Sports” series, Foley’s NIL Task Force will lead a 1.5 hour program on the legal and business issues exploding across the college sports landscape, including the latest developments around NIL and the drive to characterize college athletes legally as employees of their respective schools.

Part 1:   Foley’s Legal Take

During the first half of the program, Foley NIL Task Force members will review the current legal landscape in college sports and the latest developments. The discussion will include a review and analysis of:

  • The U.S. Supreme Court’s Alston decision

  • Federal legislation currently under consideration on NIL and other “rights” of college athletes

  • The patchwork of state NIL laws in effect and currently under consideration, and how the rollout of NIL rights is working in practice

  • The trickle-down effect of NIL developments on high school sports and athletes

  • The escalating legal fight to characterize college athletes as employees of their schools

Part 2:   A View from the Frontlines

During the second half of the program, Foley lawyers will lead a roundtable discussion with our knowledgeable group of special guests (see below) who represent a cross-section of interests in college sports and will offer first–hand experiences with the changing paradigms.