Navigating the NIL Landscape: How NIL and the courts are reshaping the NCAA

Callan G. Stein
Michael S. Lowe
Christopher M. Brolley
Callan G. Stein | Troutman Pepper Hamilton Sanders LLP
Michael S. Lowe | Troutman Pepper Hamilton Sanders LLP
Christopher M. Brolley | Troutman Pepper Hamilton Sanders LLP
Live Video-Broadcast: August 29, 2024
Navigating the NIL Landscape: How NIL and the courts are reshaping the NCAA

$195.00 2 hour CLE

MCLE Credit Information:

Select Your State Below to View CLE Credit Information

Can't Decide Which CLE Program?

Access All
myLawCLE Programs
Only $395yr

Annual Subscription includes access to:
  • 500+ Live CLE Webinars
  • National Hot Legal Topics
  • New Laws and Regulations
  • State Specific Programs
  • All Formats: Live, Replay, & On-Demand
Subscribe Today
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

This CLE session will explore the evolving landscape of Name, Image, and Likeness (NIL) rights for student- athletes, with a particular focus on recent NCAA guidance, varying state laws, and the potential for federal legislation. We will explore the implications of the House v. NCAA proposed settlement on NIL regulations, the potential for reclassifying student athletes as employees and its implications and discuss the anticipated enforcement trends for 2024 and beyond. Attendees will gain insights into the legal complexities surrounding NIL, the impact of ongoing litigation, and strategic considerations for compliance and advocacy in this dynamic area of college athletics.

Key topics to be discussed:

  • Current NCAA guidance and state laws governing NIL and the potential for federal legislation, and their impact on educational institutions’ NIL compliance risks and responsibilities
  • Current state of NCAA and state attorneys general NIL enforcement activity and the current litigation the NCAA is facing, including a robust discussion of House v. NCAA and potential settlement and the potential for student-athletes to be reclassified as employees
  • State of the NCAA after House v. NCAA and likely enforcement trends to come in 2024 and beyond

Date / Time: August 29, 2024

  • 11:00 am – 1:10 pm Eastern
  • 10:00 am – 12:10 pm Central
  • 9:00 am – 11:10 am Mountain
  • 8:00 am – 10:10 am Pacific

Closed-captioning available

Speakers

Callan G. Stein_MyLawCLECallan G. Stein | Troutman Pepper Hamilton Sanders LLP

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation.

Cal is an experienced civil, white collar criminal, and RICO litigator and trial attorney. His practice primarily involves representing clients in complex civil lawsuits and in RICO litigation, as well as in white collar criminal matters and government investigations. In addition to his trial experience, for several years Cal has also served as a faculty member for the National Institute for Trial Advocacy (NITA).

Cal’s background and experience as both a criminal and civil litigator and trial attorney make him uniquely qualified to handle litigation (civil or criminal) involving the Racketeer Influenced and Corrupt Organizations Act (RICO). Cal has extensive experience defending individuals and businesses across a broad spectrum of industries who have been accused of either criminal or civil RICO violations. He has successfully defended and tried RICO cases that allege all manner of racketeering activity, including mail fraud, fraud wire, money laundering, embezzlement, homicide, and violations of the Controlled Substances Act. Cal currently hosts the “RICO Report,” a podcast series devoted entirely to the RICO Act.

In addition to his work defending clients in RICO cases, Cal is also experienced as a commercial and civil litigator in more traditional fraud, contract, and business tort cases, particularly those that include a regulatory or government enforcement component. For example, Cal frequently defends clients in the health care, life sciences, and other highly regulated industries in civil litigation alleging unsafe conditions or other violations of state and federal regulations. These cases frequently take the form of whistleblower actions, civil qui tam lawsuits, or, as noted above, civil RICO cases alleging mail/wire fraud. Cal is also experienced representing doctors and other health care providers in disputes involving medical staff bylaws, peer review and physician discipline hearings, utilization review management issues, and research fraud.

Michael S. Lowe_MyLawCleMichael S. Lowe | Troutman Pepper Hamilton Sanders LLP

Michael is a first chair trial attorney who has tried more than 20 federal jury trials to verdict. As a former federal prosecutor with experience across a wide variety of sectors, including pharmaceutical, medical device, securities, cryptocurrency, and name, image, and likeness (NIL), he is a go-to resource for his clients’ toughest challenges.

Michael brings unique insights and practical guidance from nearly 25 years as a federal prosecutor to his representation of pharmaceutical companies, medical device manufacturers, and other clients in products liability and class action litigation, federal criminal and civil governmental investigations and actions (including SEC, DOJ, FTC, and other agency investigations), state attorneys general investigations and actions, and civil False Claims Act (FCA) lawsuits.

He regularly handles matters in state and federal courts throughout the U.S., and his experience includes a particularly long trial-to-verdict record in Los Angeles and Philadelphia courts.

Michael’s diverse litigation experience includes defending clients in cases involving medical device products liability, the FCA and its state analogs, the Paycheck Protection Program (PPP), unfair and deceptive trade practices and false advertising, consumer class action matters, and securities fraud. He handles cases in a variety of sectors, including health care, cryptocurrency, and financial services.

Michael is particularly well suited to handle all aspects of sensitive internal investigations for clients, having spent the last 12 years of his 25-year career as a federal prosecutor in the U.S. Attorney’s Office for the Eastern District of Pennsylvania — first as assistant U.S. attorney, then as senior investigation counsel in the Economic Crimes Section. He draws on this background to handle complex fraud cases from the inception of the investigation through trial; conduct internal investigations for companies in response to whistleblower and kickback allegations, and other corporate misconduct; and deal with DOJ, the SEC, and state and other federal agencies in connection with responses to grand jury subpoenas and civil investigative demands (CIDs).

Christopher M. Brolley_MyLawCLEChristopher M. Brolley | Troutman Pepper Hamilton Sanders LLP

Christopher is an associate in the Health Science Department, resident in the Philadelphia office. He concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in matters ranging from breach of contract and corporate governance to data privacy and security.

Christopher advises clients on Name, Image, and Likeness (NIL) compliance matters, particularly regarding compliance with state NIL laws, NCAA Bylaws, and other NCAA policies and guidance concerning permissible and impermissible NIL activities. He also advises clients on implementing tailored strategies for mitigating the risk of NCAA or state Attorney General enforcement activity in that space. Chris co-hosts the “Highway to NIL” podcast that discusses the legal landscape and developments in the area of NIL law.

Additionally, Christopher maintains an active pro bono practice, representing veterans applying for benefits from the Department of Veterans Affairs. His work primarily focuses on appealing before The Board of Veterans’ Appeals and working closely with the National Veterans Legal Services Program.

Prior to joining the firm, Christopher clerked for the Hon. Jeffrey L. Schmehl in the U.S. District Court for the Eastern District of Pennsylvania. While in law school, he served as a judicial extern for the Hon. Mark A. Kearney in the U.S. District Court for the Eastern District of Pennsylvania. Christopher is an active member of the American Bar Association and Hispanic Bar Association of Pennsylvania.

Agenda

I. Current NCAA guidance and state laws governing NIL and the potential for federal legislation, and their impact on educational institutions’ NIL compliance risks and responsibilities | 11:00am – 11:45am

II. Current state of NCAA and state attorneys general NIL enforcement activity and the current litigation the NCAA is facing, including a robust discussion of House v. NCAA and potential settlement and the potential for student-athletes to be reclassified as employees (part I) | 11:45am – 12:00pm

Break | 12:00pm – 12:10pm

III. Current state of NCAA and state attorneys general NIL enforcement activity and the current litigation the NCAA is facing, including a robust discussion of House v. NCAA and potential settlement and the potential for student-athletes to be reclassified as employees (part II) | 12:10pm – 12:40pm

IV. State of the NCAA after House v. NCAA and likely enforcement trends to come in 2024 and beyond | 12:40pm – 1:10pm