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By: Frieser Legal

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Joshua Frieser
Kevin Quijano
Marquis Ward

Latest from Frieser Legal Insights

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…
Continue Reading The NCAA’s new Standard of Review for NIL Violations: How it Works and What it Means 

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…
Continue Reading NCAA Announces First NIL-Related Infractions Case

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 […]
The post Making the Case for Subscription-Based Legal Services appeared first on Frieser Legal.
Continue Reading Making the Case for Subscription-Based Legal Services

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 […]

The post College Athletes as Employees: How the 3rd Circuit Could Pave the Way appeared first on Frieser Legal.
Continue Reading College Athletes as Employees: How the 3rd Circuit Could Pave the Way

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 […]
The post Frieser Legal Joins the NIL Verified Network appeared first on Frieser Legal | Sports Law | NIL.
Continue Reading Frieser Legal Joins the NIL Verified Network

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 […]
The post Unfair Labor Practice Charge Against USC to Move Forward appeared first on Frieser Legal | Sports Law | NIL.
Continue Reading Unfair Labor Practice Charge Against USC to Move Forward

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…
Continue Reading Representing Athletes: The Legal Implications for NIL Agents

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 […]
The post 5 Questions College Athletes Should Ask Professional Service Providers appeared first on Frieser Legal | Sports Law | NIL.
Continue Reading 5 Questions College Athletes Should Ask Professional Service Providers

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…
Continue Reading A Comprehensive Legal Guide for NIL Industry Start-ups

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 […]
The post Legislative Update on a Federal NIL Bill appeared first on Frieser Legal.
Continue Reading Legislative Update on a Federal NIL Bill

NIL has created avenues for talented athletes to transform themselves into marketable, celebrity figures. For some, these opportunities are accompanied by lucrative deals surpassing dollar amounts most Americans may never see. Although there has been much focus on name, image, and likeness (NIL) within college athletics, NIL also significantly impacts high school athletes. While NCAA […]
The post An Analysis of NIL Governance in High School Sports appeared first on Frieser Legal.
Continue Reading An Analysis of NIL Governance in High School Sports

In an Aug. 31 letter to U.S. Senators Joe Manchin and Tommy Tuberville, the Power 5 conference commissioners outlined their position on how Congress can most appropriately create fair and uniform legislation to govern name, image, and likeness (NIL) in college athletics. The letter was submitted in response to the Senators’ request for more information from the commissioners.

The “NIL era” has been riddled with patchwork state legislation, differing institutional policies, and a lack of straightforward guidance from the…
Continue Reading Why the Power 5 Commissioners want a Federal Law to Govern NIL

Much has been made of the rule changes in college athletics, with the NCAA allowing college athletes to profit off of their name, image, and likeness since July 1st, 2021. The NIL market—already a billion-dollar industry—is only set to grow, as more businesses will seek to capitalize on the opportunities provided through athlete sponsorship. The “NIL era” has […]
The post Navigating the World of NIL as a Sponsor appeared first on Frieser Legal.
Continue Reading Navigating the World of NIL as a Sponsor

As the second school year of the NIL era is about to begin, many collegiate student-athletes have taken advantage of the opportunities that have come with the ability to market their name, image, and likeness. In year two, college athletes should consider taking the next steps to advance their NIL activity. Here are four things to help take your […]
The post Taking NIL to the Next Level: What to Look for in Year Two appeared first on Frieser Legal.
Continue Reading Taking NIL to the Next Level: What to Look for in Year Two

Beginning on July 1, 2021, the NCAA amended its bylaws to allow student-athletes to receive compensation in exchange for their Name, Image and Likeness (NIL) for the first time. College athletes across the country have since signed thousands of endorsement deals worth millions of dollars. One projection expects the college athletics NIL market to grow to $1 billion […]
The post NIL for International Student-Athletes appeared first on Frieser Legal.
Continue Reading NIL for International Student-Athletes

With the spring semester nearing its conclusion, spring football is underway, and the NCAA men’s and women’s basketball tournaments have wrapped up. A common occurrence at this point in the semester is student-athletes entering the transfer portal. In the wake of changes in both NCAA and conference legislation requiring transferring student-athletes in some sports to spend a year in residence prior to returning to competition, the transfer portal has never been more popular, powerful, or impactful on intercollegiate athletics.
Continue Reading The Transfer Portal: Legal Considerations for Student-Athletes