Sports Law Attorney specializing / working in #NIL | @sportslawyers College Sports Subcommittee | these tweets are not legal advice, all opinions are my own
I wrote a piece a while back on the compliance / review gap between 3rd party deals and rev share deals - right now, rev share deals are not evaluated for fair market value or valid business purpose. This bill would change that.
The joint statement from the SEC and Big Ten mentions a change to the revenue-share framework, which is a nod to an overshadowed provision in the bill that would require school rev-share payments to be submitted to the NIL Go clearinghouse.
Collectives / Booster support is evolving. The @SonsofSatVT reported Virginia Tech is reportedly set to announce the largest gift in school history from an anonymous donor. If confirmed, it would surpass the school’s previous record gifts of $50 million.
Virginia Tech approved Hokie Ventures, $15M interest-free from the school to launch, with a reported $50M+ anonymous gift trending toward completion. Worth watching how these new commercial vehicles get capitalized and what they choose to build first.
https://t.co/4Xs0ZbcEzQ
The athlete perspective is extremely important to this conversation... “The NCAA has certainly not earned this immunity through its responsible governance of college sports”
Another athlete advocate comes out against the Protect College Sports Act
Charles Grantham, former NBPA executive director, penned a letter to senators criticizing the bill. Full letter:
Gee says the NCAA “Lost in the courts because we failed to allow student athletes to function as students with great talents who’d earned the right to monetize those talents”
Saban’s testimony: student athletes should be able to profit on their name, image and likeness as long as those things are real endorsements. Translation: athletes should not be paid to play.
Sen. Ted Cruz kicks off the hearing: "Today, tragically, the foundation beneath college sports is cracking."
A live stream is available here - https://t.co/O4xiEgr2w3
SEC and Big Ten have released a joint statement ahead of tomorrow’s Senate Commerce hearing on the ‘Protect College Sports Act’
“The bill leaves critical issues unresolved. It does not meaningfully preempt the patchwork of state laws or provide protections needed to make and enforce consistent rules”
This is probably Sorsby's best argument on his contract-breach legal theory, although I don't think it will be enough to win the day.
QB Trinidad Chambliss and others won extra seasons of eligibility on this same theory by showing that the NCAA inconsistently applied its waiver rules.
There are some important distinctions from Agne, perhaps the biggest that Sorsby bet on IU football while he was on the team, but it's the closest analogy I see to other successful injunction bids.
Bringing #NIL on the road this month. First of 4 speaking engagements this June is tomorrow for the @LouisianaBar! Honored to be part of the programming and teach attorneys in our state how to engage with athletes.
There are many things in the Cruz/Cantwell bill that will hurt its chances of passing.
This language below could be at the top of the list.
It limits the Big Ten’s & SEC’s ability to add members, most likely killing their support for the bill.
A few things about Cruz/Cantwell that I LOVE:
- Strengthening SPARTA and adding a private right of action (instead of the NCAA regulating agents)
- Requiring similar benefits across different gendered sport championships
- Banning pre-dispute arbitration clauses
Recently listened to a panel at the Sports Lawyers Association National Conference discuss how difficult it would be to unionize college athletes across so many sports, schools, and short playing windows. Whatever comes next, it won’t be simple, but it’ll be interesting to watch it evolve.
In the SEC, collective bargaining has gone from long-shot discussions to full-blown presentations.
More preliminary talks are expected here in Destin. While momentum grows, the concept is fraught with problems.
But, says one AD, “Maybe it is the answer.”
https://t.co/UiVDoaz5sN