Friday, February 28, 2025
By: Tate Thompson and Colby Stone The Department of Education (the “Department”) has rescinded Name, Image, and Likeness (“NIL”) guidance issued in the final days of the Biden administration that interpreted Title IX to require proportional NIL payments among men’s and women’s collegiate sports. The Department’s rescission came less than a month after the Biden […]
Thursday, February 13, 2025
By: Greg Whiston, Tate Thompson, and Colby Stone On February 5, 2025, President Trump signed Executive Order 14201 entitled “Keeping Men Out of Women’s Sports” (the “Order”), banning transgender athletes from participating in girls’ or women’s sports, asserting that it is “the policy of the United States to oppose male competitive participation in women’s sports.”
Monday, August 28, 2023
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 race.” One way is for states to implement progressive NIL laws. Effective August 28, […]
Tuesday, July 25, 2023
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, […]
Thursday, February 16, 2023
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.
Wednesday, January 11, 2023
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:
Thursday, November 3, 2022
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 […]
Tuesday, October 11, 2022
Client Alert by Curry Sexton The collegiate athletics landscape has already undergone one recent monumental shift concerning name, image, and likeness (NIL) rights. Effective July 1, 2021, the National Collegiate Athletic Association (NCAA) removed its longstanding restrictions prohibiting student-athletes from receiving compensation for their NIL and implemented an interim policy that permits student-athletes to receive […]