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This year kicked off with several important name, image, and likeness (“NIL”) updates that universities, boosters,1 and NIL Collectives2 would do well to review. Earlier this month, the NCAA Division I Committee on Infractions Panel (the “Committee”) issued a negotiated resolution with Florida State University (“FSU”) following an investigation into alleged impermissible conduct during the recruitment of a football player who was listed in the National Collegiate Athletic Association’s (“NCAA”) transfer portal. This resolution comes on the heels of new NCAA disclosure rules and the NCAA President’s letter that proposes allowing universities to enter into NIL agreements with student-athletes.

January 30, 2024
Insight
Insight

The IRS recently issued an internal memorandum to the effect that many Name-Image-Likeness (NIL) collectives will not qualify for 501(c)(3) tax-exempt status, including those that had previously obtained tax exemption letters from the IRS.

V&E Tax Update

June 22, 2023
Insight
Insight

Last year’s college football offseason drama came to a head with coaches levying allegations that impermissible name, image, and likeness (“NIL”) payments were made to prospective student athletes to persuade them to attend a certain university. The latest NIL saga is similar, but with a twist.

January 27, 2023
Insight
Insight

On October 26, 2022, the National Collegiate Athletic Association (“NCAA”) issued new guidance (“the October guidance”) to its Division I member schools regarding the name, image, and likeness (“NIL”) rules’ applicability to institutions and current student athletes. The October guidance clarifies a few areas of refuge for institutions, while also highlighting how institutional involvement with NIL entities — colloquially known as “Collectives” — could violate preexisting NCAA bylaws.

November 17, 2022
Insight
Insight

As we approach the one-year anniversary of the National Collegiate Athletic Association’s (“NCAA’s) interim guidance on name, image, and likeness (“NIL”), colleges and universities are starting to debut a new position: the Director of NIL Engagement.

June 13, 2022
Insight
Insight

On May 9, 2022, the National Collegiate Athletic Association (“NCAA”) issued new guidelines to its Division I member schools on name, image, and likeness (“NIL”).

June 1, 2022
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Insight

For over a century, the National Collegiate Athletic Association (“NCAA”) barred student-athletes from monetizing their name, image, and likeness (“NIL”).

February 21, 2022