College Sports: "NIL" Task Force

In response to the groundbreaking changes in college sports and the new-found freedom of student-athletes to commercialize and sell rights to their name, image, and likeness (“NIL”), Foley’s Sports & Entertainment Group has formed a multi-disciplinary task force comprised of attorneys who are actively engaged in advising various stakeholders through their emergent needs, including:

  • Sponsors, Commercial Entities, and Brands
  • Colleges and Universities
  • Athletic Conferences (College & High School)
  • Sports Agents and Agencies
  • Student-Athletes

The NIL regulatory landscape currently presents a complex patchwork of state NIL laws and NCAA rules, which create not only new business opportunities, but also significant legal implications for those engaging in NIL activities.  Understanding that landscape is critical to both leveraging opportunity and reducing risk.  Foley’s multi-disciplinary team is already advising clients on NIL matters, and is uniquely positioned to help all stakeholders navigate the regulatory labyrinth and the panoply of legal concerns that may arise in the NIL space, including in areas such as contracts, licensing, intellectual property, technology and data privacy, social media, digital platforms and NFTs, media rights, academic and athletic eligibility, NCAA compliance, financial reporting, and tax and estate planning.

Our representative experience includes:

  • Advising 5-star football recruit on state law NIL restrictions for high school athletes
  • Advising player agencies on NIL-related limitations and licensing requirements
  • Advising a consortium of sporting goods and apparel manufacturers on NIL regulations and sponsorship opportunities

The NIL Task Force is actively producing cutting-edge thought pieces and updates on the evolving NIL landscape, including our recently published “NIL Tracker” which is and will be a one-stop source for timely developments and information on state NIL laws across the country:

We look forward to continuing our work with clients in the exciting and evolving world of NIL in college sports. For questions or more information, please contact your Foley attorney or one of the following NIL Task Force leaders listed below.

Insights