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Best Practices for NIL Deals as Federal Regulators Step Up Enforcement of Misleading Endorsements

Journal of NCAA Compliance

    Publications
  • November 07, 2022

Alonzo Llorens and Shayla Wright co-authored an article in the Journal of NCAA Compliance about best practices for name, image, and likeness (NIL) deals.

“The Federal Trade Commission is stepping up its monitoring of endorsement requirements that can impact universities and their student-athletes,” they wrote. “There can be a significant liability risk tied to statements student-athletes make as part of NIL deals and, in some cases, their universities can bear that risk, too.”

“The latest guidance from the FTC is just one example of how the NIL landscape has been constantly evolving since the NCAA started allowing student-athletes to profit from the use of their names, images and likenesses in July 2021,” they continued. “Indeed, there have been moves by legislatures, courts, regulators and brands that have required universities and their compliance staff to adapt.”

“Fortunately, there are best practices that have emerged at this point, including in navigating the FTC’s requirements and in the contract fundamentals that universities and their student-athletes should consider in every NIL deal,” they wrote.

You can read the full article here: Best Practices for NIL Deals as Federal Regulators Step Up Enforcement of Misleading Endorsements

The Journal of NCAA Compliance (JONC) is a newsletter produced by Hackney Publications that focuses on NCAA compliance issues in collegiate athletics and reaches an audience of athletic directors and general counsel at colleges and universities.