The Basics of Name, Image, and Likeness (NIL) Regulations and Deals — 2026 Update

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This program provides attorneys with a foundational understanding of the name, image, and likeness (NIL) legal landscape as it exists in 2026, with emphasis on the practical frameworks now governing college athlete compensation. The program covers the origins of modern NIL rights from O'Bannon through Alston, the House v. NCAA settlement and the new revenue-sharing cap, the role of the College Sports Commission and the NIL Go clearinghouse, the patchwork of state NIL statutes, the impact of NCAA Rule 22.1.3 and associated institutional policies, and the core deal terms attorneys must scrutinize when reviewing NIL agreements for student-athletes, collectives, and brands. The program also addresses the ethical and professional-responsibility considerations unique to representing athletes, collectives, agents, and institutions in NIL matters.

Learning Objectives:

• Upon completion of this program, participants will be able to:
• Identify the governing sources of NIL law applicable to a given matter, including federal constitutional law, state statutes, NCAA rules, conference rules, institutional policies, and the College Sports Commission framework;
• Analyze a proposed NIL agreement for the principal risk areas, including exclusivity, morals clauses, intellectual property ownership, compensation structure, and termination;
• Counsel clients on the compliance obligations imposed by NCAA rules, state law, the NIL Go clearinghouse, and institutional policy, and advise on the consequences of noncompliance Recognize the ethical and conflict considerations unique to representing athletes, collectives, agents, and institutions in NIL matters.

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