Frieser Legal Principal Attorney Joshua Frieser was quoted in an article published by the Associated Press. The article discussed the NCAA’s regulation of name, image, and likeness as it relates to NFT sales for college athletes. Frieser’s legal analysis was included in the article, where he opined that the NCAA is unlikely to regulate or […]
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NIL Collectives: Tax Exempt or Not?
An NIL collective is a group of boosters, donors, and community members (fans) or the like that contribute financial resources into a pool for the purpose of developing paid name, image, and likeness (NIL) opportunities for their preferred university’s student-athletes. Some collectives have for-profit arms and nonprofit arms. NIL collectives have structured their organizations to receive tax-exempt treatment from the IRS, although this was recently called into question when the IRS released a memo on the issue.
How to Effectively Draft an NIL Contract
For nearly two years, college athletes, sports agents, and sponsors have sought to create name, image, and likeness (NIL) contracts that comply with NCAA rules, state laws, university policies, and sponsorship and advertising laws—all while attempting to draft contracts that are effective and operate to meet the needs of the particular deal. Much like other types of […]
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Why Sponsors of College Athletics should be Concerned with Learfield’s Financial Troubles
While most of the media coverage of sponsorships in college athletics over the last two years has focused on name, image, and likeness (NIL) and athlete endorsement deals (and rightfully so), another tremendous development is taking place. Learfield—the largest multimedia rights (MMR) holder in college athletics—is facing over $1 billion worth of debt payments coming due in the
next year. Although the company remains optimistic publicly, there are major concerns about its ability to satisfy its debt payments. Learfield’s
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Understanding the Legal Landscape of NIL (Podcast)
Frieser Legal Principal Attorney Joshua Frieser joined NIL Network‘s Michelle Meyer to discuss the legal landscape of Name, Image, and Likeness in college athletics, including current challenges, what athletes should look for in a contract, and what to expect over the next few years.
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How Sponsors Can Capitalize on Athlete Marketing in the Wake of March Madness
In light of the NCAA’s changes of NIL legislation, much of the focus has been on student-athletes. However, companies have been presented with major sponsorship and branding opportunities as well. This is an outline of how brands can capitalize on the marketability of student-athletes in the wake of the March Madness tournaments. The numbers behind […]
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The NCAA’s new Standard of Review for NIL Violations: How it Works and What it Means
NEW NCAA Bylaw 19.7.3: “In cases involving name, image and likeness offers, agreements and/or activities in which related communications and conduct are subject to NCAA regulation, the infractions process shall presume a violation occurred if circumstantial information suggests that one or more parties engaged in impermissible conduct. The enforcement staff may make a formal allegation based on the presumption. The hearing panel shall conclude a violation occurred unless the institution or involved individual clearly demonstrates with credible and
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NCAA Announces First NIL-Related Infractions Case
On February 24, 2023, the NCAA released a decision in its first NIL-related infractions case. The case dealt with impermissible recruiting contacts and inducements in the University of Miami’s Women’s basketball program. Although the case did not involve any direct violation of any of the NCAA’s NIL rules or policies, it did involve John Ruiz, a University of Miami booster who has posted extensively on social media about his NIL deals with student-athletes at the school. The Cavinder
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Making the Case for Subscription-Based Legal Services
As we are nearly ¼ of the way through the 21st century, it is beneficial to examine how consumer preferences and business services have developed in recent years. Subscription-based offerings have permeated through dozens of industries over the past decade. From Peloton and Equinox Plus to Netflix and Apple Music, businesses have started to offer consumers […]
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College Athletes as Employees: How the 3rd Circuit Could Pave the Way
For as long as intercollegiate athletics have existed, colleges and universities (and the NCAA) have maintained that college athletes are “student-athletes.” Students first, athletes second. Even with the introduction of athletic scholarships—which provide a scholarship in exchange for athletic performance—college athletes have not been viewed by courts as employees. While there have been dozens of […]
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Frieser Legal Joins the NIL Verified Network
NEWS RELEASE FOR IMMEDIATE RELEASE Frieser Legal February 16, 2023 Frieser Legal Joins the NIL Verified Network The membership program represents a critical step forward in creating a more equitable and trustworthy NIL landscape for college athletes MILWAUKEE, FEBRUARY 16, 2023. Frieser Legal, a pioneering law firm in the NIL space, announced today that they […]
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Unfair Labor Practice Charge Against USC to Move Forward
The National Labor Relations Board’s (NLRB) Los Angeles Regional Director has determined that the National College Players Association’s (NCPA) Unfair Labor Practice charge against the University of Southern California (USC) has enough merit to move forward. In February 2022, the NCPA filed the Unfair Labor Practice charge against USC, the Pac-12 Conference, and the NCAA, under […]
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Representing Athletes: The Legal Implications for NIL Agents
Over the past year and a half, high school and college athletes have signed thousands of name, image, and likeness (NIL) endorsement deals. NIL deals have been signed with local companies like car dealerships and national brands like Pepsi and Dr. Pepper. As the NIL industry has progressed, more and more college athletes have hired NIL agents to source and negotiate NIL deals for them.
Sports agents that typically negotiate professional playing contracts and marketing agencies that represent
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5 Questions College Athletes Should Ask Professional Service Providers
Educational resources created for college athletes have been extensive in the Name, Image, and Likeness (NIL) era. There have been materials developed to help athletes understand NIL laws, NIL contracts, intellectual property, taxes, and more. One area where college athletes have expressed a lack of sufficient educational material is in evaluating professional service providers. Because […]
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A Comprehensive Legal Guide for NIL Industry Start-ups
At slightly more than one year old, the name, image, and likeness (NIL) industry is booming. And it’s not just for high school and collegiate athletes. The billion-dollar industry has created countless jobs and business opportunities. In addition to the corporate sponsors that have looked to capitalize on ultra-high-engagement athlete marketing, hundreds of businesses have either formed or expanded their service offerings to tap in to the NIL industry. As of this writing, NIL Network’s industry directory includes 425
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Legislative Update on a Federal NIL Bill
There has been a strong push for Congress to pass legislation to regulate the NIL space within college athletics. Recently, concern about donors and collectives abusing the current lack of name, image, and likeness rules has been voiced by some of the more important figures that represent the Power 5 conferences. The Power 5 conference […]
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