By: Tate Thompson and Curry Sexton

In the absence of uniform laws from Congress or a more robust policy from the NCAA, states continue to look for ways to help their institutions compete in the name, image, and likeness (NIL) “arms […]

By: Tate Thompson and Curry Sexton

In a June memo released by the Office of the Internal Revenue Service (IRS) Chief Counsel, the IRS announced its position that, in most cases, it does not believe name, image, and likeness (NIL) collectives qualify as tax-exempt organizations under the Internal Revenue Code (IRC). Although not legally binding, the decision will likely have a significant impact on existing NIL collectives organized as nonprofits and granted tax-exempt status by the IRS.

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By: Tate Thompson and Curry Sexton

As of January 1, 2023, the National Collegiate Athletic Association (“NCAA”) is applying a new standard of review in investigations pertaining to potential violations of its name, image, and likeness (“NIL”) rules.

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By: Tate Thompson and Curry Sexton

The push for collegiate athletes to be classified as employees recently took a significant step forward. As we discussed in October 2022, there are several ongoing legal battles related to the issue of collegiate athletes’ employee status, including:

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By: Tate Thompson and Curry Sexton

When the National Collegiate Athletic Association (NCAA) implemented its Interim Name, Image, and Likeness (NIL) Policy, effective July 1, 2021, it did not detail whether and to what extent institutions could be involved in the NIL space. Naturally, the lack of guidance on this issue led to a great deal of confusion and uncertainty. Some states tried to eliminate the confusion and uncertainty by enacting legislation either permitting or prohibiting institutions and their employees from being involved in the NIL space, among other matters. Many other states did not enact any NIL legislation, causing further confusion and uncertainty.

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