A few excerpts and quotes on the NCAA's proposed mandatory disclosure rules that I found interesting...
..... For some, the plan looks like an overstep by the Indianapolis-based NCAA and power conferences that will eventually lead them back to court. “Honest question here for those in the #NIL space, as well as all fans of sports: WHY should a college athlete be required to submit, for approval by the NCAA (or any other group) an NIL deal over $600 (as proposed by the NCAA)?” Russell White, the head of The Collective Association, posted on social media.
.... Other legal experts see ample precedent in professional sports leagues to support the attempt to regulate NIL. "The idea that there’s going to be a whole lot of litigation around this disclosure requirement, to me, was not completely well thought out,” said Jay Ezelle, an Alabama attorney who has been involved in NCAA cases and antitrust lawsuits.
.... Sports law attorney Mit Winter said disclosure isn’t as problematic as rules that target what the NCAA deems to be boosters and the difficulty in determining fair-market value.
And finally,
..... Gabe Feldman, a sports law professor at Tulane, said it is common for pro leagues to regulate outside sources of income for athletes to prevent circumvention of salary caps and luxury taxes by teams. “Now the big difference is, obviously, the pro sports rules are collectively bargained. These are not. So there will there will be no antitrust immunity for these cases,” Feldman said.
Here's a link to the whole article... probably a pay wall.
IBJ - NIL Article from 8-2-2024
..... For some, the plan looks like an overstep by the Indianapolis-based NCAA and power conferences that will eventually lead them back to court. “Honest question here for those in the #NIL space, as well as all fans of sports: WHY should a college athlete be required to submit, for approval by the NCAA (or any other group) an NIL deal over $600 (as proposed by the NCAA)?” Russell White, the head of The Collective Association, posted on social media.
.... Other legal experts see ample precedent in professional sports leagues to support the attempt to regulate NIL. "The idea that there’s going to be a whole lot of litigation around this disclosure requirement, to me, was not completely well thought out,” said Jay Ezelle, an Alabama attorney who has been involved in NCAA cases and antitrust lawsuits.
.... Sports law attorney Mit Winter said disclosure isn’t as problematic as rules that target what the NCAA deems to be boosters and the difficulty in determining fair-market value.
And finally,
..... Gabe Feldman, a sports law professor at Tulane, said it is common for pro leagues to regulate outside sources of income for athletes to prevent circumvention of salary caps and luxury taxes by teams. “Now the big difference is, obviously, the pro sports rules are collectively bargained. These are not. So there will there will be no antitrust immunity for these cases,” Feldman said.
Here's a link to the whole article... probably a pay wall.
IBJ - NIL Article from 8-2-2024
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