Mit Winter
@WinterSportsLaw
Followers
13K
Following
43K
Media
3K
Statuses
17K
Attorney at Kennyhertz Perry LLC ⚖️ | College Athletics Attorney | NIL | Sports Law | Business Litigation | Former Division I 🏀 player for @WMTribeMBB.
Kansas City
Joined February 2013
🙏.
@adamjcook_ @campus_ink @nil_store @yumbrands @TheRecruitScoop @Cuse_MBB @Cuse @SyracuseU @AndrewPetcash @ProfluenceCap @austingwalton @bgreenwell23 @instagram @Meta @Blake_Lawrence @opendorse @bcope51 @AthletesOrg @brepowerskirk @Intuit @turbotax @cale_johnston @Roy_ReturnOnYou @caseydschwab @AltiusPartners @ChaseQB11 @UCLAFootball @UCLAAthletics @UCLA @christiandawk @SerosPartners @browntown1919 @AthleteNIL @AdvanceNIL @Dan_Furman @502_Circle @DanShellSports @unitedtalent @DanielPoneman @DarrenHeitner @HEITNERLEGAL @DashSperling @OvertimeElite @DebSpander @InsightSportsLA @DougFillis @Coach_D_Stew123 @BYUMBB @BYUCougars Congratulations to Mit Winter of Kennyhertz Perry Law on being named to the 70 Most Impactful People in the NIL Space list. @WinterSportsLaw .
11
7
85
Diego Pavia has sued the NCAA. He alleges NCAA rules that count juco seasons towards NCAA eligibility & that prohibit redshirts from being used after an athlete has played 4 years at an NCAA school violate antitrust law. He alleges the rules cause athletes to miss out on NIL $.
139
306
2K
This was a novel NIL moment. The head coach of Indiana’s women’s 🏀 team wore a sweatshirt with the NIL of IU player Grace Berger during a game last night. Sales then skyrocketed. The NCAA’s newest guidance allows schools/employees to promote an athlete’s NIL activity.
16
142
888
Florida St is going for the kill shot against the ACC in FL state court. If it’s successful on this motion for summary judgment, it could leave the ACC and take its tv rights with it to a new conference. Without having to pay for the right to get those tv rights back.
Florida State has filed a motion for partial summary judgment against the ACC in Leon County Court. The Seminoles are arguing the ACC misinterpreted its 2016 amended Grant of Rights and claims the league breached its constitution. via @PeteNakos_:
33
89
636
I don’t remember Saban saying it’s unsustainable or bad for coaches when one school can pay a football coach $10M a year and another only $500k a year. It’s always only a problem when it’s the athletes being paid.
NEW: Nick Saban calls for NIL competitive balance in College Football: . “The people out there need to know this model is unsustainable. One school can’t spend $30M for players while another school is spending $3M.”. (via @PatMcAfeeShow).
62
126
659
Auburn football players are averaging $7400 per month in NIL payments. It appears Auburn’s NIL collective, On To Victory, is doing a very good job of creating NIL opportunities for the football team.
28
105
601
A new bill has been filed in South Carolina that would allow D1 schools generating at least $50 million in athletics revenue per year to pay football and men’s and women’s basketball players stipends based on the time spent on their sport.
29
125
549
College athletes, 20% is not the industry standard for negotiating/reviewing an NIL agreement with a collective or school. Nor should it be. Another example of college athletes needing a players association to educate them and represent their interests in areas like this.
NIL agent Noah Reisenfeld claims “pretty much every NIL agency charges 20%” compared to NFL/NBA standard of 3-5%… his justification: If you compare a $10 million NFL deal to a $1 million deal in college, an agent makes $300k in NFL vs $200k in college. (🎥 @beinthekneaux/YT)
37
122
508
Here’s the letter that NC’s AG sent to the NCAA regarding Tez Walker. The AG claimed the NCAA’s transfer rules violate antitrust law, and that he was considering opening an investigation with other state AGs and pursuing litigation. Seems this may be the “new information.”
Here is copy of the letter: Tez Walker timeline: Key dates in UNC receiver's eligibility dispute with NCAA.
25
94
448
The Dept of Ed issued a memo today clarifying how it will apply Title IX to NIL $ schools pay to athletes. Its conclusion: NIL compensation must be made proportionately available to male & female athletes. This will change school rev-share plans. And likely lead to litigation.
100
139
466
If the House settlement is approved & schools are capped on how much they can pay athletes, 3rd party NIL $ will be a recruiting differentiator. But there’s confusion on how 3rd party NIL deals will be viewed under the model envisioned by the settlement. So let’s take a look.
22
105
422
This sounds like a school that’s laying the groundwork to leave the ACC.
#UNC Board of Trustees chair John Preyer offered his thoughts on realignment, financial challenges, and the Board of Governors policy change. "I think that we all need to just realize that it's a new day in college athletics . " Story:
24
92
387
As data on NIL deals continues to show, the NCAA has vastly under marketed women’s basketball as a sport.
In the first 6 months of NIL, these sports are leading NIL compensation.
8
104
371
Dillingham is such a breath of fresh air compared to the people complaining about college athletes being paid and the other changes in college athletics. Definition of a players coach.
Kenny Dillingham: “Pay these guys what they deserve to be paid. Because right now, our team is underpaid.”.
8
12
298
TRO has been granted. NCAA can’t enforce its transfer waiver rules. It’s in effect for 14 days. Huge ruling.
A reminder that a federal court may effectively prevent the NCAA from enforcing its transfer waiver rules this morning. The hearing begins in an hour. Info on how to listen is at this link.👇.
28
109
292
This new bill introduced in the Georgia legislature would create a nice recruiting advantage for Georgia schools. It would exempt NIL compensation received by college athletes from state income tax.
98
92
319
Lots of unfulfilled NIL promises are being made to college athletes to get them to commit. Athletes need to insist on signing contracts when they commit, before they get to campus. Also an example of why athletes need good representation & why collective bargaining is coming.
18
71
288
Huge news in the House v NCAA case. The Court granted all 3 damages classes. NCAA is now facing a potential judgment in the multiple billions of $$. The case is also seeking to eliminate all #NIL compensation restrictions. Order at the link.
20
127
278
Elite QBs can demand ultra premium prices in the transfer portal. And I think people need to stop referring to this as tampering until there’s a CBA. It’s no different than schools reaching out to head coaches to gauge their interest. No one refers to that as tampering.
NEW: Tampering is at an all-time high with Texas QB Quinn Ewers, @PeteNakos_ reports. Ewers has received a $6M offer to return to College Football and enter the Transfer Portal💰.
34
47
290
The NCAA has two remaining rules relating to NIL deals: (1) they can’t be “pay for play”, and (2) they can’t be used as recruiting inducements. It appears the reported FedEx deal violates the 2nd rule, as it was used to recruit both Bates and Duren.
53
67
210
The truth about the Sluka situation.👇. He wasn’t paid what he was promised in return for his commitment . Not even close. Was promised $100k. Has received a $3k moving expense stipend. Exactly why athletes should demand contracts before committing.
Former UNLV QB Matthew Sluka’s NIL representation, Marcus Cromartie of Equity Sports, told ESPN that Sluka was verbally promised a minimum of $100,000 from a UNLV assistant coach for transferring there. None of that money was paid, per Cormartie.
44
46
222
Dawn Staley’s approach to NIL should be applauded. She knows the players play a big role in her receiving the financial compensation she receives. So she’s doing what she can to make sure the players are also receiving as much compensation as possible.
4
44
211
Private equity is coming to college athletics. As detailed in this article, the Big 12 is considering an equity investment of up to $1 billion for 20% of the conference. Another example demonstrating that college athletes are professional athletes.
41
78
210
Texas Tech will pay 90% of its $20.5M in House compensation to 🏈 and men’s 🏀. This is consistent with how many schools are planning to pay their athletes. It will also eliminate Alston awards and not add new scholarships, because both count against the cap (up to $2.5M each).
If Judge Wilken gives House v. NCAA final approval on April 7, revenue sharing/roster caps will start July 1. Here's Texas Tech plan for how revenue shares will be allocated, what scholarships will look like and what program is being discontinued to help.
12
52
221
The NCAA has been sued again. RaeQuan Battle filed a complaint relating to denial of his transfer waiver. The most interesting of the 12 counts is that the NCAA tortiously interfered with his #NIL agreement with collective @CountryRdsTrust. Complaint👇.
10
53
212
This is another huge loss for the NCAA. The NCAA now cannot enforce its #NIL rules/guidelines that prohibit athletes from negotiating NIL deals with third parties, including collectives and boosters, before they commit to a school. Full order at link.
Judge Clifton L. Corker has granted the preliminary injunction against the NCAA in the NIL lawsuit filed by the attorneys general of Tennessee and Virginia. More via @PeteNakos_:
15
86
202
Texas Tech’s AD discussed how they’ll handle NIL contracts with their athletes. Coaches will decide how much to offer/pay the athletes and then the school will handle the back office, admin side of things. It’s also planned that Tech’s NIL collective will shut down July 1.
The House v. NCAA settlement, if approved, could blunt the impact of donor collectives. Texas Tech is preparing to execute NIL contracts internally
8
51
210
Here we go, Florida St is going to start the process of challenging the ACC grant of rights and leaving the conference. As Ross noted, I’d expect FSU to file a declaratory judgment action. Sovereign immunity issues will play a big part in this.
At a meeting Friday, FSU Board of Trustees will discuss the Seminoles’ conference future, and the result of the meeting is expected to produce a legal filing serving as an initial step in an exit from ACC’s Grant-of-Rights, sources tell @YahooSports.
17
43
194
College athletes, here’s the deal with agents & fees. Your collective/school deal is the equivalent of an NFL/NBA salary, and you probably shouldn’t be paying more than 5% for negotiating/revising those. For 3rd party marketing deals (promote a biz, etc.), 15-20% is standard.
College athletes, 20% is not the industry standard for negotiating/reviewing an NIL agreement with a collective or school. Nor should it be. Another example of college athletes needing a players association to educate them and represent their interests in areas like this.
8
69
208
The NCAA has admitted athletes don’t have to enter the transfer portal before transferring. The current portal rules only prohibit coaches from communicating with athletes at other schools unless they are in the portal. And even that may violate antitrust law.
The NCAA provided @YahooSports with a statement: . “NCAA rules do not prevent a student-athlete from unenrolling from an institution, enrolling at a new institution and competing immediately.”.
23
45
204
Here’s the thing. You can’t force someone who you claim is just a “student” to play in a game. And you can’t even really incentivize them under NCAA rules. If college athletics wants to try and ensure that players play in certain games it needs a new model.
Kirby Smart: “People need to look what happened tonight and they need to fix this.”.Strong words on the opt outs…
38
40
182
The NCAA won’t let players have QR codes on helmets that connect fans to NIL collectives. But it can’t stop teams from putting those QR codes on video boards. UTSA is putting QR codes on video boards after TDs. Easy (and compliant) way to reward players for their performance.
The perfect way to celebrate a @UTSAFTBL touchdown and directly support student-athletes!. Introducing NIL Flash Give! . 📝 #BirdsUp 🤙 #LetsGo210
5
39
197
UCF may be the first P4 school to publicly announce its collective is going away (as of July 1, 2025 if the House settlement is approved) and its functions moving completely in-house.
7
36
194
Colorado is the latest school to shut down its NIL collective. With schools likely soon making NIL payments to athletes as part of the House settlement (or already doing so), Colorado is now directing donors to just give to the school for NIL purposes.
NEWS: Colorado is ditching its official NIL collective, @FOS has learned. Not even 10 months ago, Deion Sanders & the Buffs launched the 5430 Alliance to help fund NIL deals. Now, ahead of the House v NCAA settlement, strategies are changing ⤵️.
9
57
195
Washington is looking to hire an NIL analyst and ops manager. The responsibilities are varied and extensive: recruiting, engaging with collectives, ensuring athletes fulfill deals & helping athletes find deals. Shows how important NIL is to recruiting.
19
35
164
There are two morals of the Sluka story. 1. Get NIL agreements in writing prior to committing & enrolling and have them reviewed by an attorney. 2. When college athletics recognizes athletes as employees these situations won’t happen.
A one @DanWetzel on the UNLV-Matthew Sluka situation: . Regardless of who did what or what their motivation was in doing it (or not doing it), this is where college sports is. It’s complicated.
18
46
160
Jay is right. The NCAA still wants to maintain “amateurism.”. It wants to treat college athletes like employees and unilaterally control their compensation, but not allow them the rights granted to employees. That doesn’t work under the law. We know what the solution is.
ESPN college basketball analyst Jay Bilas believes there’s a way to fix the exodus of college coaches departing for pro ranks and NIL pay-for-play issues — deem athletes as employees. Story:
11
35
152
Jim Harbaugh continues to speak out in favor of revenue sharing with college athletes. More coaches should do the same. Just like Harbaugh said, they know the athletes are who “everyone comes to see” and “are the people who put in the work” on the field.
Speaking to ESPN in front of a national audience, Jim Harbaugh again brought up revenue sharing. "As you make those comments, I want you to remember — it's the players. Don't forget to give them a share of the revenue.". Story via @PeteNakos_:
11
29
161
Yep👇. The NCAA and others want a federal law that says college athletes aren’t employees so they can continue treating the athletes like employees without any of the responsibilities and legal ramifications that go along with it.
Always amusing when colleges describe their athletes like they're employees—using the word "tampering" (an employment & non-compete law concept) and suggesting contractual "interference" (even though colleges routinely poach students to transfer)—but insist they're not employees.
12
39
160
I understand why the new world of college athletics is shocking for some coaches. But it makes complete sense for the athletes to seek out the best financial situation. For most, it’s when they have their highest value as athletes. Have to take advantage. Like any other job.
Jim Larrañaga on why he’s stepping down:. "I'm exhausted. What shocked me beyond belief, was after we made the Final Four, 8 of my players said they were gonna leave. You have to ask yourself, as a coach, what is this all about?".
44
37
158
Here is probably the biggest issue with high level college athletics that no one has addressed during this hearing. Schools/NCAA want to continue running professional sports teams without having to treat the athletes like professionals/employees.
7
32
146
Some important excerpts from the Tennessee chancellor’s letter to the NCAA. -accuses NCAA enforcement of trying to bully schools back to a time before the Alston decision, and resisting athlete compensation. She says this will lead to lawsuits. Hint #1 a lawsuit is coming.
9
29
150
Armando Bacot made more than $2M in NIL compensation while at UNC. Think about how much money some former college athletes missed out on because the NCAA prevented them from being paid. Would have changed a lot of lives.
Armando Bacot reveals how much he made while playing at UNC.
15
23
143
The Virginia house and senate passed a bill that would amend the state’s #NIL law. It was sent to the governor for signature last week with an April 8 action deadline. Significantly, it will allow schools to directly pay NIL compensation to athletes starting Nov 15, 2024.
13
63
142
The NCAA says it will not enforce its rule requiring multi-time transfers to obtain a waiver to play right away, after federal court enjoins the rule. All multi-time transfers can now play without a waiver. The state AGs really did a number on the NCAA today.
NCAA statement in wake of TRO on transfer restrictions: "As a result of today's decision impacting Division I student-athletes, the Association will not enforce the year in residency requirement for multi-time transfers and will begin notifying member schools.".
9
40
141
Wow, this is big college athletics news. The US Department of Justice has joined the federal lawsuit filed by 7 state AGs against the NCAA, seeking to eliminate NCAA transfer rules. In addition, MN, MS, VA, and DC have joined as well. 11 state AGs are now backing the case.
31
76
132
This is the likely future of college athletics. Leagues organized by sport, not schools. It allows decisions to be made on a sport by sport basis, instead of every sport being at the mercy of football driven decisions and football revenue (when more will be going to athletes).
NEW: The wildly successful US Olympic pipeline, which runs through the NCAA, is being threatened by football-driven realignment. But one little-known conference, which sent 100+ athletes to Paris, could chart a path forward. "This could be the future.".
10
29
129
As a former Division I scholarship basketball athlete who is also a practicing sports law attorney (there aren't many of us), the Alston arguments before SCOTUS today were very interesting. My educated guess is that the court affirms the 9th circuit's decision 6-3. THREAD.
6
34
130
A look at the first #NIL NASCAR from yesterday’s race at the Kansas Speedway, featuring 11 @KUAthletics male and female athletes. Pretty awesome. Nice work to all involved. @BeONE_Sports @Mass_StNIL @JDMotorsports01
1
22
128
The 3rd Circuit’s Johnson decision is out & it’s not good for the NCAA. It held college athletes can be employees under the FLSA and generally slammed the NCAA’s amateurism arguments and the term “student-athlete.”. Short 🧵 . Full decision at link.
10
54
119
Minnesota football has recently been successful in retaining its best players, and attracting good players from the portal. Why?. A big improvement in its NIL funding and infrastructure. College teams that want to be competitive will have to have well run NIL operations.
"Our NIL and collective with @DTAthletes, that money's there. It's real. I can't say that for everybody around the country.". The #Gophers are building a sustainable NIL system and it has shown in the transfer portal this offseason. 👇. 📝FULL STORY:
5
15
128
Here is the NCAA’s latest NIL guidance. This round of guidance is aimed at clarifying the permitted level of institutional involvement in NIL activities. There are a number of schools currently violating various parts of this guidance.
9
55
119
Joe Moglia with some truth about the NCAA. “The purpose of the NCAA has become the perpetuation of the NCAA, not the protection of student athletes and universities.”. “It's time for college athletics to move on.”
The NCAA’s Big Spending Problem - Guest OpEd From @CoachJoeMoglia . via @sportico.
7
41
119
A lot of people (NCAA included) will use this story to argue more unilateral restrictions should be placed on college athlete compensation. But what’s needed is an admission college sports are pro & athletes are paid for athletic performance. And a model that acknowledges that.
UNLV QB Matthew Sluka has announced he is leaving the team because of "representations" that "were not upheld.". The Rebels are 3-0 and ranked No. 23 in the Coaches Poll for the first time in program history. Sluka is redshirting. More:
13
19
115
I think this is the future of #NIL. USC has entered an agreement with media agency Stay Doubted that will provide every USC athlete with representation in seeking out NIL deals. The agreement will also provide athletes with access to tax and legal help.
5
20
122
Alabama’s 501(c)(3) #NIL collective is shutting down. This will happen more. Post-House, donors can give to schools & receive their tax deduction, and schools then fund NIL payments. And the House settlement requires 3rd party payments to be for promoting for profit entities.
Boosters started a nonprofit to pay Alabama athletes millions. Now, it’s shutting down.
6
41
121
Sovereign immunity is a huge issue that isn’t discussed much when considering whether conference GOR agreements are enforceable. As state entities, public universities enjoy the protection of state sovereign immunity laws. Makes enforcement of GORs tricky and expensive.
Interestingly, the ACC Grant of Rights Agreement does not contain a “choice of law” provision. Assuming Florida law would apply to a dispute with FSU, the Florida legislature could arguably do what Texas did to Mike Leach and make FSU immune from liability for breach of contract.
12
34
114
@PJGreenTV Every player would love to play for a coach like this. Too many coaches think they’re curing cancer and there’s no fun or joy allowed.
2
4
115
Ohio's governor signed an executive order yesterday allowing universities to directly pay NIL compensation to athletes. States aren’t waiting for the House settlement to be approved. At this point, schools in all states should consider direct payments.
8
65
121
College athletics is begging for leaders to be bold and publicly push for a model that actually addresses its legal issues in a holistic way. And that doesn’t mean lobbying for a federal law to be able to keep unilaterally making rules that would otherwise violate antitrust law.
15
16
120
Some advice for new NIL collectives: I’ve seen a number of you state your purpose is to retain players. Everyone knows that’s what happening with many deals. But since it’s against NCAA rules you might not want to put it in writing, your Twitter bio for example. Just sayin’🙂.
4
12
114
Last week, Oklahoma St announced it’s holding the first concert ever at Boone Pickens Stadium, to raise NIL funds. It’s been a huge success. Four shows have sold out. A reported $3.2-$3.5M in NIL funds has been raised.
13
25
119
Interesting article on how Pitt’s football team is handling NIL payments for its players. It told some players they aren’t getting paid until after the season, and only if they perform well on the field. Will be interesting to watch how this translates to future recruiting.
After going 3-9, Pat Narduzzi fired his offensive staff, opened the exit door for players & altered his collective’s NIL distribution system. A year later, Pitt is 7-0 for the first time in 42 years. “They wanted more money. We didn’t need those guys.”.
9
17
115
I’m amazed people actually thought this House settlement agreement as drafted would bring stability to college athletics. It’s just an attempt at continuing to unlawfully limit athlete compensation and rights without athlete representation.
12
34
111
The NCAA no longer has any real power or authority over college athletics. That power lies with conferences. The SEC and Big Ten specifically. And as Ross notes, they’re now governing and operating professional sports leagues.
While not producing any real decisions, Thursday’s joint Big Ten-SEC meeting is a clear first step down a bumpy road of change. And they are driving the car. Buckle up. “Those who have the gold make the rules.”.
8
23
108
In addition to the defensive staff, Lane Kiffin gives credit to Ole Miss’ NIL collective @grovecollectnil for the team having an improved defense. A good collective is an important part of team success.
"Three games without a touchdown at Ole Miss. We've come a long ways over there. Lot of credit to the defensive staff and our collective" - Lane Kiffin. More from the #OleMiss HC following the Rebels' dominant win over Wake Forest (courtesy of @blake_levine)
0
10
109
It should be clear to everyone in college sports that the House settlement (even if approved, which the chances of happening seem to be going down as we speak) won’t bring stability to college athletics. Bigger change is needed. Which includes negotiating rules with athletes.
13
24
111
People often ask if NIL collectives are going away if schools can pay athletes. The answer is no. Title IX plays a role in that decision. Some schools will pay male & female athletes equal $. The collective is then needed to pay certain sports more to recruit/retain.
17
27
113
Virginia’s #NIL bill, which allows schools to make direct NIL payments to athletes, will be signed by the governor this week. The law will go into effect either July 1 or Nov 15. As with other state NIL laws/bills, schools pushed for this law which overrides NCAA rules.
12
34
111
Another state AG is threatening action against the NCAA. The Ohio AG’s letter is similar to the NC’s AG letter in the Tez Walker situation. “In essence, the NCAA has imposed a sweeping, unilateral, one-year non-compete restriction, in violation of both state and federal law.”
NEW: Ohio’s Attorney General @DaveYostOH is threatening legal action against the NCAA, after Cincinnati transfer Aziz Bandaogo was declared ineligible. “That decision strikes me as wrong—and likely illegal.”. 📺 Details:. #Bearcats @WCPO
7
19
107
If/when the House case settles, it will result in a wave of legal issues. Here are some of the bigger ones:. 1. NCAA/conferences vs #NIL collectives. The NCAA/P4 are hoping the House settlement eliminates collectives and they’re going to try and crack down on “pay for play.”.
17
32
109
This will be interesting to watch unfold. Will Wisconsin actually sue Miami and/or Lucas?. It claims Lucas’ agreement is still in effect and enforceable & that Miami unlawfully interfered with it. Anyone read this and think UW is treating Lucas like he’s an employee?
In a statement, Wisconsin suggests that it will pursue legal recourse related to DB Xavier Lucas, who signed a rev-share deal with UW and then left for Miami. UW says it has "credible information indicating" that Miami tampered with him. A landmark case in college sports.
29
23
109
This is a great podcast with Va Tech’s AD. He tells donors if they want to win then give to NIL. It’s less expensive than giving for facilities and has a greater impact. Also says he’s in favor of a rev share model where a % of revenue goes to athletes.
6
22
102
The only reason problems like this exist is because the NCAA/college athletics refuses to admit college athletes are paid for athletic performance & price fixes their comp. So to realize their value, athletes are paid in ways that makes it easy for them to be taken advantage of.
We continue to see evidence of dysfunction in today’s NIL environment, including examples of promises made but not kept to student-athletes… . Just as anyone that owns stock or buys a house is afforded basic consumer protections, it's clear that student-athletes entering NIL.
8
19
96
Colorado has a new NIL bill. It: (1) Allows schools to pay NIL $ to current athletes & high school athletes, (2) Removes language from current law prohibiting athletes from entering into deals that conflict with school deals, (3) exempts NIL deals from public record requests.
12
41
108
Regardless of whether the membership supports the rules or not, the real issue is that the rules likely violate antitrust law.
Statement from NCAA related to the Tennessee case and lawsuit. Reiterates what it has said before, that it's just enforcing the rules the schools have asked it to enforce.
7
24
104
Diego Pavia’s request for a preliminary injunction allowing him another year eligibility has been GRANTED. This is another very bad antitrust ruling for the NCAA. The order shows how prior losses in federal court are now stacking on top of one another. Important excerpts.👇
13
29
105
The House settlement agreement is here. Full agreement at link below. Here are highlights. -$2.576B in damages will go to former and current college athletes who were denied compensation for (a) use of their NILs, and (b) their athletic performance.
12
41
102
Interesting lawsuit filed today by St John’s basketball players Chris Ledlum and Jordan Dingle against the NCAA. They allege violations of NY antitrust and NIL laws relating to the NCAA denying their request to play a 5th year. Complaint at link.👇.
17
37
101
I’m honored that I have been recognized by @BestLawyers as one of the best lawyers in America for sports law. Thanks to my peers for the recognition and to my clients for allowing me to work with you.
16
5
103
I find it humorous the NCAA tries to enforce a policy that says #NIL can’t be used as a recruiting/retainment inducement. While every head coach says he needs more NIL $ for recruiting. Can we just stop pretending and get to a model that allows payment for athletic performance?.
NC State coach Dave Doeren calls for fans to donate to @SavageWolvesNIL @packofwolvesnil. Asks for 5,000 fans to donate $1,000 apiece so we can "recruit, retain and develop." Calls coming week "maybe the worst week in college football" with portal opening.
4
17
97
This is basically a high interest, payday loan for college and high school athletes. Get cash now in return for giving up a percentage of later NIL earnings, including payments from collectives. Athletes should think long and hard before deciding to do this.
A company founded and fronted by Kendrick Perkins is offering college and HS athletes upfront money in exchange for a portion of their NIL earnings. Experts say the deals resemble high-interest loans and could be taking advantage of players. Details: .
18
46
104
Comments on today’s Dept. of Ed. Title IX/NIL guidance. 1. It likely gets reversed. 2. Calling a payment for an NIL license “financial assistance” makes 0 sense. 3. Issues like this go away if everyone admits the truth and athletes are just paid for athletic performance.
“Way to drop a bomb, huh?”. While NCAA executives met Thursday, the Department of Ed issued Title IX guidance that - if upheld by a new administration - stands to upend how schools plan to distribute revenue to athletes in the new era of college sports.
13
30
103
Athletes (high school recruits and transters) and collectives can now negotiate NIL deals as part of the recruiting process. Athletes: you better have good representation now, that can help you negotiate. Collectives: same, and you'll also need a good valuation system.
This is another huge loss for the NCAA. The NCAA now cannot enforce its #NIL rules/guidelines that prohibit athletes from negotiating NIL deals with third parties, including collectives and boosters, before they commit to a school. Full order at link.
4
38
97
The House settlement (if approved) will lead to nearly 5,000 Division I roster spots being eliminated. This is another example of decisions being made for athletes without their involvement in the process.
There will be at least 4,739 fewer spots to play a Div. 1 sport next year(could be closer to 10k total). Coaches and recruits are trying to plan for their futures without clear answers on how the new roster limits will be implemented. With @mikerothstein:
14
46
101
Hired today and already promoting the #NIL collective. Has to be a big part of the job nowadays.
4
13
98
A really interesting article about Aaron Estrada’s transfer from Hofstra to Alabama. Hofstra head coach Speedy Claxton persuaded Estrada to transfer so he could financially support his family via #NIL money, and even helped him find his new team. A very progressive mindset.
Aaron Estrada’s Alabama ascension also March Madness boon for Hofstra
0
19
97
Thanks for the article, John! . Got to talk about two of my favorite things: @WMTribeMBB and NIL!. And for the record, we beat VCU in the game that picture is from.😀.
4
10
89
It looks like Harvard boosters are starting an #NIL collective. The athletics department sent an email to supporters explaining that it does not sanction or support the group soliciting donations to start the collective. I imagine this collective will have plenty of 💰.
11
15
96
TCU’s AD made some comments about NIL/athlete compensation that I’m hearing more and more from those in the space. 1. Donor fatigue is real. There isn’t endless donor money to pay for athlete NIL compensation. 2. Schools would like to bring NIL fundraising/funding in-house.
Q&A with Jeremiah Donati: TCU AD talks realignment, NIL and the future of college sports
19
23
99
Virginia now has the nation’s most progressive #NIL law. Thanks to David for reaching out to discuss it and what it will allow Virginia schools to do.
Prominent sports attorney and former @WMTribeMBB standout @WinterSportsLaw outlines benefits of Virginia’s new NIL law. ⬇️
6
25
99
Penn State’s AD notes that improvements in NIL funding over the past few years have played a role in the football program’s rise.
Off the field, Penn State believes it has caught its elite competitors - facilities, NIL, staffing. But on the field, coach James Franklin’s record against Ohio State, Michigan & SEC teams is 6-20. Says AD Pat Kraft: “I think it’s our time.”.
2
12
97
For those paying attention to college athletes as employees and how that will look, consider how medical residents are treated under federal labor law. They’re classified as both students and employees. And often unionize and collectively bargain.
12
26
90
The legal battle between the ACC and Florida St continues to grow more contentious. Both parties have now filed amended complaints. FSU’s in Florida state court. The ACC’s in North Carolina state court. FSU now alleges the ACC engaged in self-dealing.
In a new amended complaint filed in Leon County on Monday, FSU officials take aim at former ACC Commissioner John Swofford, his relationship with TV partner Raycom, the legality of the ACC’s lawsuit against FSU & more. Our @IraSchoffel breaks it down:.
7
30
94
Interesting article by @DanWetzel looking at how now, more than ever, donors are essentially owners of college sports teams. When their dollars are needed to pay the players’ salaries/NIL compensation, the donors have more power than before.
10
25
98
I’m honored to again be named an Entertainment and Sports Law Super Lawyer by Missouri & Kansas Super Lawyers. Thanks to all the great clients and colleagues I get to work with on a daily basis. 🙏
12
2
96
If the House settlement is approved, it will include a cap of around $20.5M on NIL payments schools can make to athletes. The new game in recruiting will be figuring out how to evade the cap with 3rd party $. The system tasked with regulating those deals will face legal issues.
The NIL Era ends, fittingly, as the richest programs collide in the CFP semifinals. In the Rev-Share Era, the Ohio States and Texases are poised to battle over the new recruiting frontier: devising ways to exceed the cap. “That’s the new battlefield.".
15
37
95
College football’s problem isn’t the lack of a commissioner. It’s that any rules the commissioner would create violate antitrust law. That’s the issue that needs to be addressed. And not by asking for a federal law that allows rules that otherwise violate antitrust law.
Ohio State OC Chip Kelly said college football needs a commissioner immediately. His top candidates: former coaches Nick Saban, David Shaw & Chris Petersen & former Ohio State AD Gene Smith.
21
25
94
This is a really smart NIL initiative by Minnesota. When you buy a ticket 2-pack to one of these sports you also get a 3 month membership to its NIL collective @DTAthletes. And the collective gets the ticket buyer’s contact info which should help with fundraising outreach.
Dinkytown Athletes Ticket 2-Pack's are now available!. Enjoy upcoming men's & women's basketball and men's & women's hockey games as well as a 3-month membership to the Official NIL Collective of Gopher Athletics, Dinkytown Athletes!. 🔗:
6
15
93
Another letter from a state attorney general to NCAA president Charlie Baker. This one from Virginia’s AG requesting that JMU’s request for a waiver to participate in a bowl game this season be granted. Baker is becoming a popular penpal with state AGs.
JMU has proven that they are battle tested and bowl game ready. Let these student athletes compete at the higher level. #GoDukes .
8
18
93