šŸ’° Name-Image-Likeness (NIL) Discussion

https://x.com/kendallrogers/status/1931166469401747933?s=46&t=PzMfboQ4ofEF6ToybLUcpg

It’s just finalizes the deal that brings in revenue sharing. All the changes that have been expected.

3 Likes

I’ve read a little more about the settlement now that it’s final. It’s not at all my area of law, so I claim no specific expertise on this. I think the plaintiff class included past and present NCAA student athletes, so unless an individual specifically opted out of the class by a deadline, they’re bound by the settlement, which covers the next 10 school years. I don’t know how the class could include unknown future athletes because people in that group couldn’t know to opt out. How could a 10 year old know to opt out of a class action lawsuit that they wouldn’t be subject to until 8 years from now? Anyway, that’s a tangent.

But if current and future athletes are bound by this settlement, I don’t know what standing they would have to sue the NCAA, the conferences, the schools or other class members as they implicitly agreed to the terms of the settlement which caps their income.

Same with the NIL Clearinghouse. Athletes who disagree with any denials have to submit to arbitration and can’t sue as per the settlement.

If any athletes sue over this, the case gets sent to Judge Wilkin and how do you think she’ll rule?

But like I saw, this isn’t my area of law and I’m not at all a trial lawyer, so I don’t know how any of this works.

1 Like

I think your point about needing to opt out is one where this will fail. I doubt a court is going to tell an adult that it was their responsibility as a teenager to opt out of this settlement to keep it from restricting their earning power. Also Judge Claudia Wilken is 75 years old. How mush longer is she going to be able to backstop this case.

This settlement will hold for a couple of years. The Deloitte clearinghouse will become overwhelmed with questionable cases. And the cheaters are going to cheat, maybe even openly cheat. Some B1G and SEC schools have already said they plan to pay kids above the cap.

1 Like
4 Likes

Apologies, this belongs in Name/Image/Likeness entry, could someone please merge or delete.

H/t @BrunswickHoo

We need the ncaa to clear de ridder soon so see can pay that man his money by July 1. Otherwise it’s capped right?

1 Like

We could probably pay him into an escrow account pending his eligibility.

2 Likes

The race to the courthouse begins. Methinks this era will be short-lived.

1 Like

Alright what are the odds on time til first lawsuit and school of the filer?

1 Like

Isn’t it just contract inked by July 1 and or first payment/installment?

Probably depends on whether accrual or cash method accounting rules apply.

Dunno but I have SEC QB on my bingo card

1 Like

https://x.com/williams_justin/status/1931367426857263329?s=46

lol so it begins

Industry sources familiar with the clearinghouse and enforcement plan insist it will have more (and swifter) latitude and punitive power than the NCAA wielded in the NIL era. Until it actually drops that hammer, it’s done little to scare off coaches and recruiting staffs with passionate, deep-pocketed donors.

A number of sources questioned whether athletes will even report their third-party deals, or do so accurately. Others suggested that deals getting challenged by the clearinghouse — or the fact that they have to be disclosed at all — could spark more antitrust legal action from collectives. Other sources were outright dismissive.

ā€œIf you tell a booster or business owner they can’t give a star player $2 million, there will be lawsuits,ā€ said the personnel director. ā€œThere’s no enforcing this. Fair market value? F— Deloitte. This is going to get even crazier.ā€

A legit enforcement arm with some teeth — perhaps in the form of suspensions or ineligibility — might change that sentiment, and multiple athletic directors suggest that if the clearinghouse merely serves as a minor deterrent to egregious pay-for-play payments, it will be better than pre-settlement circumstances. But others think the undertow of NIL and collectives is too strong to turn back now.

ā€œThere are a lot of rich people that can’t buy a professional sports franchise, but they can give a ton of money to their alma mater,ā€ said a power conference administrator. ā€œAnd if you’re telling millionaires and billionaires what they can and can’t do with their money, you’re probably going to lose that battle.ā€

Why do I get the feeling we’re going to naively comply diligently with the rev share and clearinghouse while less scrupulous schools dunk on us over and over again?

Oh I was thinking Big 12 non-revenue sports athlete. They are who are going to be hit the hardest on this I think.

Texas Tech or K-State specifically

1 Like

Yeah, I don’t disagree with anything you wrote.

I couldn’t wrap my head around how this settlement bound unknown future class members, but I figured that the judge and lawyers were way smarter than me and know way more about the relevant law and procedure than I do, so it must be valid somehow.

I do think if the NIL clearinghouse denies too many agreements, we might end up going back to bagmen and under the table cash payments again.

Except it will be way worse than before because the seal has been completely torn off.

Because that is the way we do things. We have to be dragged, kinking and screaming, into the new realities required to be competitive. VAF reps are telling donors that they are planning based on the $21.5M holding firm.

1 Like

https://x.com/darrenheitner/status/1931682195510374622?s=46

One of the more notable, more shady actors in the NIL era, but I expect he’s correct here.

Glad we spent all this time building up to a system that everyone pretty immediately agrees is an unworkable mess

3 Likes