NIL Newsletter #160 | Brandr Slows EA, Keep Watching Texas, + Quick Hitters & Top Deals
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More From Monday:
The Brandr Group Files For Temporary Restraining Order
After filing a lawsuit against EA Sports last week for tortious interference, the Brandr Group added to the list of litigation by filing for a temporary restraining order.
If granted, the temporary restraining order would prohibit EA Sports from offering deals to schools and athletes.
EA Sports maintains that the lawsuit and subsequent temporary restraining order will not slow down their development or delay the release date of the game.
Brandr’s efforts in this case may actually harm the student-athletes. Forcing EA Sports to cease negotiations may encourage them to proceed without any officially licensed student-athletes.
Public sentiment appears to be with the video game production company, as many have spoken out against the Brandr Group’s lawsuit.
More updates on the case can be found HERE.
Keep an Eye on Texas
When the calendar turns to July, the new Texas state NIL law will take effect. Most notably, this new law protects NIL collective activity from NCAA-regulation related sanctions and infractions.
Texas A&M has already announced the 12th Man+ Fund, which operates similarly to a collective, but under the 12th Man Foundation—Texas A&M’s fundraising arm.
Earlier this month, Texas Tech announced that they would follow suit. The Matador Club, discussed in depth last week, is partnering with the Red Raider Club, which will assist in fundraising efforts for the collective.
Texas A&M and Texas Tech will award donors priority points—to be used during ticket purchases for season tickets—for donations made to the affiliated collectives. This appears to violate NCAA rules, but the new Texas state NIL law makes this activity protected.
Already, other states have taken note, as similar laws and bills have popped up in Oklahoma, Arkansas, Missouri, and New York.
More on upcoming changes is available HERE.
Quick Hitters:
The NCAA released a new memo answering six frequent questions regarding NIL. LINK
Of note, the NCAA states that schools must followed the adopted NCAA regulations and not state law, when those applicable state laws are in violation of agreed upon NCAA rules.
“NCAA rules are adopted by member schools. It is not fair to those schools who follow the rules to not enforce rules against those who choose not to do so. Schools who do not like the application of a particular rule should work through the NCAA governance process to change the rule. Unless and until the membership changes a particular rule, all schools, as part of a voluntary membership, are required to comply.”
On Wednesday, Opendorse released a report on NIL after two years. LINK
Opendorse also made projections for the size of the NIL market in year three.
Of note, there appears to be strong correlation between NIL earnings and athletic performance in football and baseball. There is moderate correlation between NIL earnings and performance in Men’s and Women’s basketball and softball.
Deals of the Week
The We Will Collective announced a partnership with West O Beer to brew the Ames Lager. Proceeds will raise NIL funds for the Iowa State-focused collective. LINK
Penn State Football’s Nick Singleton is hosting a camp at his former high school as part of a partnership with Gatorade. LINK
Texas Football’s Quinn Ewers released his own apparel line through Vapor Apparel. 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!