News & Analysis as of

Universities Name and Likeness

Weintraub Tobin

(Podcast) The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University

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Can HBO be sued over a T-shirt? Scott Hervey and Tara Sattler unpack Duke University’s beef with 'White Lotus' after a character wore a Duke tee on screen. Does this cross the legal line—or is it just creative expression?...more

Benesch

University of Oregon Title IX Suit Presses Forward…Women Athletes Successfully Argue for Case to Continue Amid Photo Comparisons...

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An Oregon federal judge denied the University of Oregon’s motion to dismiss the lawsuit accusing the University of disproportionate investment in women’s sports and “glaring inequalities in facilities, finances, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida Federal Judge Denies Motion to Dismiss College QB’s Fraud Suit Arising From Failed $13.85 Million NIL Deal

On April 8, 2025, a judge of the U.S. District Court for the Northern District of Florida denied a motion to dismiss a former University of Florida quarterback recruit’s lawsuit alleging fraud by head football coach Billy...more

Fisher Phillips

Settlement to End Collegiate Amateurism on Brink of Approval: What You Need to Know About Latest House v. NCAA Court Hearing

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On the final day of “March Madness,” the NCAA’s attention shifted from basketball courts to the courtroom, where a federal judge signaled a high likelihood that she would sign off on a settlement agreement that would end...more

Troutman Pepper Locke

NOT SO FAST . . . South Dakota Seeks to Enjoin House Settlement Approval

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With the final approval hearing for the House settlement before Judge Wilken in the Northern District of California set for April 7, the state of South Dakota has continued its battle to prevent that settlement from getting...more

Troutman Pepper Locke

Citing NIL, Saint Francis University Reclassifies to Division III

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Recently, Pennsylvania’s Saint Francis University announced its decision to reclassify its intercollegiate athletics program from NCAA Division I to Division III, citing the difficulty in governance associated with college...more

McNees Wallace & Nurick LLC

From amateur to entrepreneur: NIL’s impact on student-athletes

The introduction of Name, Image, and Likeness (NIL) agreements has fundamentally changed the landscape of college athletics. For the first time, student-athletes can capitalize on their personal brands while pursuing their...more

Troutman Pepper Locke

Texas NIL Update: Texas Gears Up for a Post-House Settlement World and Beyond

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Texas’s biennial legislature is in session, and revamping Texas’ name, image, and likeness (NIL) laws to keep up with the developments across the U.S. seems to be a hot topic. As of the date of this post, state...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 2, March 2025

Welcome to our second issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - the...more

Troutman Pepper Locke

Trump, NCAA Changes Won’t Directly Affect NIL at Princeton

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Chris Brolley, an associate in Troutman Pepper Locke’s Health Care + Life Sciences Industry Group, was quoted in the February 23, 2025 The Daily Princetonian article, “Trump, NCAA Changes Won’t Directly Affect NIL at...more

Troutman Pepper Locke

Ivy League Opts Out of House Settlement

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At the end of January, the Ivy League, a National Collegiate Athletic Association (NCAA) Division I conference, announced that it is opting out of the settlement reached in House v. NCAA. The settlement, which was reached as...more

Miles Mediation & Arbitration

The Impact of NIL Deals on College Sports: How They Benefit Schools and Student-Athletes

By the time you read this article, we will have crowned our 2025 College Football Playoff champion. If you watched even a slice of college games, then you heard multiple stories about “NIL” and the “collectives”. What exactly...more

Fisher Phillips

Latest NCAA Settlement Means Colleges Can Use NIL Funds for Recruiting

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Another day, another settlement impacting college athletics. The NCAA and the states of Tennessee and Virginia recently announced a settlement that essentially ends the NCAA’s rules prohibiting name, image and likeness (NIL)...more

Ice Miller

Trump U.S. Department of Education Rescinds Biden Administration NIL Title IX Guidance Previewing a Contentious 2025 for Title IX

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In a move that was expected, the Trump Administration’s new Department of Education (Department) rescinded the Biden Administration’s January 16, 2025, name, image, and likeness (NIL) guidance applying Title IX to NIL...more

Jackson Lewis P.C.

Navigating the Title IX NIL Landscape Post-DOE Rescission of Biden Guidance

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) has rescinded the name, image, and likeness (NIL) guidance under Title IX of the Education Amendments of 1972 issued in the final days of the Biden...more

Fisher Phillips

Feds Announce that NIL Payments Will Not Be Subject to Title IX Gender Equity Requirements – What Your School Needs to Know

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President Trump’s new administration just clarified that Title IX equity principles should not apply to Name, Image, and Likeness (NIL) payments, a decision that could have a significant impact on your college athletics...more

Eversheds Sutherland (US) LLP

Film Room: NIL regulation and challenges to eligibility rules

In this week’s Film Room, we contextualize news regarding potential future NIL regulation and flag developing legal challenges to eligibility rules. NIL Regulation and Enforcement The proposed House settlement includes...more

Bricker Graydon LLP

[Webinar] Opt-In or Out? Essential Insights to Guide Your House Settlement Decision - February 14th, 12:00 pm - 1:00 pm ET

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If approved, the House v. NCAA settlement will revolutionize college athletics. Starting July 1, 2025, it will require the NCAA and its Division I member institutions to pay nearly $3 billion in damages to current and former...more

Fisher Phillips

Caught in a Raging Storm: 5 Steps Your School Should Take as NIL Disputes Continue to Cause Problems for Universities

Fisher Phillips on

A new name, image, and likeness (NIL) dispute signals that the storm surrounding college athlete compensation will not be calming anytime soon. A lawsuit involving Florida State’s head basketball coach is the latest – but...more

Bricker Graydon LLP

OCR Releases Fact Sheet on Title IX and NIL: What it Means for High Schools and Colleges and Universities

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On January 16, 2024, the Office of Civil Rights (OCR), the organization that enforces Title IX, including athletic gender equity, released a nine-page informal Fact Sheet labeled: Ensuring Equal Opportunity Based on Sex in...more

Jackson Lewis P.C.

Staying Title IX-Compliant: OCR Finally Provides Schools with Guidance on Student-Athlete NIL

Jackson Lewis P.C. on

How to engage in name, image, and likeness activities (NIL) without running afoul of Title IX of the Education Amendments of 1972 is a question colleges and universities have wrestled with since the NCAA first permitted the...more

Venable LLP

From Junior College to the Sherman Act: How One Vanderbilt Quarterback May Have Changed the NCAA Forever

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On December 18, the National Collegiate Athletic Association (NCAA) once again found itself on the losing end of a federal court opinion that could alter the landscape of collegiate athletics....more

McGuireWoods LLP

Department of Education OCR Issues Guidance on How Schools Analyze NIL Activity Under Title IX

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On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more

Parker Poe Adams & Bernstein LLP

Title IX Gender Equity Mandate Applies to NIL Activity, Department of Education Confirms

In long-awaited guidance, the U.S. Department of Education’s Office for Civil Rights (OCR) officially confirmed what many Title IX practitioners and athletics administrators thought to be true: Title IX’s gender equity...more

BCLP

OCR Confirms Title IX Applies to Institutions’ Direct NIL and Revenue-Sharing

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On January 16, 2025, the Office of Civil Rights of the Department of Education – the agency responsible for enforcing Title IX at institutions of higher education – issued a Fact Sheet confirming that OCR will apply...more

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