NCAA NIL Regulations, Spending Records, Legal Updates + ICYMI & More | NIL Newsletter #161
Welcome to the NIL Newsletter by Optimum Sports Consulting - providing valuable, actionable NIL resources for athletes, administrators, agencies and other sport professionals.
Thank you for being a part of Optimum Sports Consulting! Follow us @OptimumSportsC on Twitter and @OptimumSportsConsulting on Instagram for daily content. Check out past Optimum Sports Consulting Newsletters here.
Major News
NCAA Pushes for Organization-Wide NIL Policies
Last Tuesday, the NCAA office sent a memo to member institutions to clarify its NIL Policy.
According to multiple reports, the memo urges schools to follow the NCAA’s NIL rules.
So far, 32 states have adopted their own version of NIL regulations, many of which containing language that bars the NCAA from enforcing its own NIL policy.
In response, the NCAA memo stated that since membership in the organization is voluntary, state laws are irrelevant when they conflict with membership guidelines.
Read more HERE
NIL Spending to Hit Record Levels with Nebraska Cornhuskers Leading the Way
According to OpenDorse, a projected $1.17 billion is going to be spent on NIL in the 2023-24 season.
According to the organization, it seems like the average NIL budget for schools in the NCAA is going to increase by more than 11%.
$595 million of that projection will be pushed into the Cornhuskers football and the like.
(link)
Brandr Group Denied TRO as EA Sports Makes Progress
On Friday, Judge Haywood Gilliam—of the United States District Court for the Norther District of California—denied The Brandr Group’s motion for a temporary restraining order.
Attorney’s Darren Heitner and Mit Winter agreed with the ruling
“I think it’s important to initially point out a motion for a TRO is seeking extraordinary relief,” said Heitner. “The odds were stacked against the plaintiff from the start.”
If their temporary restraining order had been granted, Brandr would have secured an easier path to an injunction, which would force EA to delay all progress on the game until the lawsuit had a preliminary decision.
As it stands, an injunction looks unlikely in light of the TRO’s denial, and EA Sports will proceed as planned, without further delay.
(link)
Legal Update
Texas House Bill 2804
Texas A&M’s primary booster organization announced a fundraising effort called the 12th Man+ Fund, which is made to raise NIL dollars.
This campaign is in direct conflict with NCAA guidelines which prohibits universities from engaging in fundraising for NIL purposes, but the NCAA has yet to act.
That said, Texas House Bill 2804 which went into effect on July 1, prevents the NCAA from levying punishments against Texas A&M for breaking NIL rules.
Any NCAA enforcement against the collective would trigger lawsuits. (link)
For Athletes
9-year-old signs six-figure NIL deal
Ghalee Wadood Jr., a player on Snoop Dogg’s Youth Football League became the first person in the youth league to sign a six-figure NIL deal with a sports agency last week.
Wadood Jr. will be working with Family 4 Life. A sports agency that represents players from teams including the New England Patriots and the San Francisco 49ers.
Read more HERE
For Admins
Conference Realignments
Come July 2024, Oklahoma and Texas will join the SEC, and USC and UCLA will enter the Big Ten.
These conference shifts follow in the footsteps of 14 other programs changing conference hands.
Find them HERE
For Agents
INFLCR Releases Year 2 NIL Data
Of note from the release, 76% of all payments in the INFLCR database have come through collectives.
NIL as an industry has experienced around 20% growth in transaction volume every quarter since it began.
The top transaction types by average value include: autographs, public appearances, and business ownership/creation.
(link)
ICYMI
Carter Nelson recently committed to the Nebraska Cornhuskers. (link).
A recent tweet of a map showing the makeup of Division 1 college teams has been circulating social media and sparking conversation. (link).
Have you checked out OSC’s website?
Head to www.OptimumSportsConsulting.com to find important resources and features relating to all things NIL. These resources include State by State Resources for Admins, Agents and Athletes, including our initial “OSC Summaries” for over a dozen states coming soon.
More to come too, including links to helpful state information- agency laws and information about school policies, as well as seminar/congressional notes, worksheets, and much more!