May - June 2023

Considerations for Bringing NIL Under a Related Entity

Name, Image, and Likeness (NIL) Institutional Report, Lead1 Association
Suzanne E. Gilbert | Eric Christopher Reed

Litigation attorneys Suzanne Gilbert and Eric Reed authored a section in Lead1 Association’s Name, Image, and Likeness (NIL) Institutional Report about how to bring NIL under a related entity. In this article, they specifically address considerations for schools evaluating options to bring their supporting NIL organizations under university foundations or other affiliated entities. The challenge in this area are NCAA restrictions, such as the requirement that a member institution can engage an NIL entity to inform a student-athlete of NIL opportunities, but it cannot communicate with that NIL entity regarding specific demands of a student-athlete. The authors go on to explain how a member institution can abide by these requirements. They offer examples of current models that are working and provide insight on how to know when an entity may be approaching a regulation breach.

READ: Considerations for Bringing NIL Under a Related Entity (See page 14)

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