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Pancreek1

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10. Big Name, Bigger Bucks
Bronny James and Arch Manning haven’t proven much yet on their respective teams, but they’ve certainly shown us the value of a brand name. Before either one took a single rep for their squad, they’d both been catapulted him to the top college sports’ NIL ladder.
They’ve headlined the NIL valuation charts since their freshman years started this fall, with Arch comfortably behind Shedeur Sanders as the #2 valuation in college football, and Bronny leading the way for all NIL valuations, regardless of sport. (More)


9. Congress Drags Their Feet
One thing has become undeniably clear during 2023: Congress does not see NIL as a priority. Despite pleas from all corners of the college sports world, including by NCAA commissioner Charlie Baker himself, lawmakers have been reluctant to move forward with federal regulatory legislation.
That hasn’t stopped states from passing their own laws, however. In fact, many states have even created legal recruiting advantages to keep their homegrown student-athletes in-state for college. (More)


8. Texas A&M’s Non-Profit Nightmare
Aggieland was stunned this summer when Texas A&M’s 12th Man+ fund, one of the biggest NIL fundraising operations in the country, was abruptly shut down for legal purposes.
The problems started when the IRS sent out a memo in early June stating that NIL Collectives can’t qualify as 501(c)(3) nonprofits, and thus should not enjoy tax-exempt status, which is exactly what the 12th Man+ fund had been doing.
The IRS’ basic argument went as follows: The private benefit of these NIL Collectives outweighs the public benefit, which means that the private entity’s incidental interest isn’t very incidental. If we strip away the legal jargon: NIL Collectives can’t act like they serve the public good just to achieve exemption status. (More)


7. NCAA’s Class Action Lawsuit
House v. NCAA is an antitrust lawsuit that the NCAA has fought since 2020. In November, however, the suit was given class-action status, meaning that the NCAA could be required to dole out over billions (yes, with a “B”) of dollars.
The reason for that number is that, with class action status granted, the NCAA has essentially disallowed an entire group of NCAA athletes to make money off of their Name, Image, and Likeness. Those damages would be hefty already, but antitrust law also demands that the figure be tripled in compensation, putting the final total in the $4.2B ballpark. (More)


6. Title IX and NIL
During 2023, Title IX become a massive sticking point in NIL discussions nationwide. According to Arthur Bryant – whom many consider as the country’s foremost Title IX expert – there’s a legal challenge that NIL may have exacerbated.
“Title IX says schools have to provide male student-athletes and female student-athletes with equal treatment and benefits,” Bryant said, “And almost no school in the country is doing that now without NIL. With NIL, it is far, far worse.”
Implicated in this issue are NIL collectives. Many such entities have official school ties, meaning that they could potentially require Title IX compliance as well. (More)


5. The Rise of Livvy Dunne
If you don’t know the name Livvy Dunne, chances are your daughter does. The LSU gymnast probably has the largest social media following of any college athlete ever, with 4.4 Instagram followers and an absurd 7.8 million followers on Tik Tok. She’s also estimated to have a $3.2M NIL valuation this year thanks to the massive digital audience that she’s managed to build.
Livvy Dunne has set the standard for how athletes can leverage social media for their brand. Her strategy has been utilized in some capacity by just about every NIL athlete you’ll find.
Dunne has already signed NIL deals with brands like Motorola and American Eagle, not to mention modeling for Sports Illustrated’s 2023 swimsuit edition. In terms of cultural influence, Dunne’s impact on young people likely outweighs any other collegiate athlete. (More)


4. Fine Print Fiasco
Earlier this year, Chicago Bears rookie defender Gervon Dexter filed a lawsuit to get out of an NIL deal he signed while playing for Florida. The deal included a one-time payout of $436,000 to the standout defensive tackle, which doesn’t sound too shabby on the surface.
The problem is that the deal also demands 15% of Dexter’s NFL earnings for the next 25 years – in other words, his entire career. One Florida lawmaker described the deal as a “predatory loan”, and Dexter’s hoping it won’t stand up in court. The lawsuit alleges that the deal violates Florida’s current NIL laws, which may be enough to void the contract. (More)


3. The Miami Hurricant’s
The University of Miami became the first school to get hit with NIL-related sanctions last February. It all stemmed from Miami billionaire (and huge Hurricanes fan) John Ruiz’s NIL dealings with a pair of highly sought after basketball transfers. Twin hoopers Haley and Hanna Cavinder were allegedly urged to meet with Ruiz after their commitment, presumably to talk NIL.
The university’s assistance in making that meeting happen event didn’t sit well with the NCAA, who slapped the women’s basketball team with a number of sanctions, including a yearlong probation. Ruiz, who said he’d sue the NCAA if they tried to touch him personally, is currently under investigation by the U.S. Security and Exchange Commission for a different financial matter. (More)


2. Colorado Becomes an NIL Powerhouse
We knew that Deion was going to bring a bit of flash to Boulder, but it’s hard to imagine anyone could predict him turning the school into the NIL powerhouse it’s become.
After the first game of the season, his son (and Buffs QB) Shedeur leapt into the #1 valuation in college football. He was soon followed into the top 10 by Travis Hunter, the superhuman wideout/defensive back hybrid that Deion said could be even better than he was.
Colorado’s hot start cooled off quickly, but not without creating an NIL hype factory first. (More)


1. The NCAA’s “Revolutionary” Proposal
In early December, the NCAA introduced “the most revolutionary athlete compensation plan [they’ve] ever proposed”, according to sports attorney Mit Winter. The plan seeks to create a new subdivision of Division I, allowing the biggest institutions to operate under different guidelines in regards to transfers, recruitment, NIL, and more.
Most notably, the proposal would allow schools with substantial financial resources to “invest” money into a trust fund that athletes could then utilize. Essentially, it would allow for player payments.
This proposal could change college sports forever. For one, it would allow schools to enter into licensing partnerships directly with their athletes – meaning the role of NIL collectives would be dramatically reduced. The proposal would also require Title IX compliance. (More)
 
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