NIL AND SPORTS BUSINESS NEWSLETTER |
Good morning. It's Monday, September 9. |
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Here's what is making headlines today: |
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Will the House v. NCAA case still settle? |
College football closed Week 2 of the season on Saturday. But the impact of the House v. NCAA case even possibly going to trial remains one sports' top headlines.
During last Thursday's preliminary approval hearing in the Northern District of California, Judge Claudia Wilken poked holes in the settlement's framework for NIL collectives and boosters. She expressed concern the agreement would take away from the "large sums" of dollars currently going to athletes. The hearing left the NCAA with a major question: Move forward without enforcement around NIL collectives or possibly land a trial date.
After Thursday's hearing, plaintiffs' attorney Jeffrey Kessler told On3 he's "100% serious" about heading to trial. Speaking with sources over the weekend, On3 learned leaving collective/booster restrictions out of the agreement could be a dealbreaker for certain conferences. Not only is the NCAA named as a defendant named in the suit but so are the ACC, Big 12, Big Ten, Pac-12 and SEC.
"Well, it needs to be resolved, because we entered into a settlement, and we expect that entire settlement to be accepted by the judge," Georgia president Jere Morehead told The Athletic. "She expressed some concerns, and hopefully those concerns will be addressed over the next three weeks."
NIL collectives are not backing down, either.
The Collective Association, which includes 42 members, released a statement commending Wilken. Meanwhile, NCAA president Charlie Baker admitted to member institutions that the hearing "did not go as we hoped."
"They're literally just clawing back the ability for athletes to earn money," The Collective Association president Russell White told On3. "And that's not something that is going to fly. You know now that people understand that athletes didn't have that right forever. I don't think it's something they're just going to willingly give back. And I don't see really any mechanism by which they can do that, at least in a legal way."
With 42 members and roughly 28,000 athletes, the TCA could inform athletes about their options with the House v. NCAA settlement and the impact it could make. The players' association Athletes.org released a statement calling for schools to partner with athletes. Kessler told On3 in a statement that he supports the efforts to organize athletes.
"It's one of those things that I think is a huge step if we decided to do it, but it's something that would be on the table," White said when asked about the TCA taking a hands-on approach with athletes.
"We've been pretty kind of just wait and see, like most people. But we definitely have looked at options, and I think that that would be on the table. It would be more from the standpoint of educating them and letting them know of their options." – Pete Nakos |
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Nebraska debuts NIL collective logos on Memorial Stadium field |
For the first time in Nebraska football history, on-field corporate logos were on the Memorial Stadium turf.
The Huskers revealed logos at the 25-yard line ahead of Saturday night's primetime thrashing of rival Colorado. At both 25-yard lines, are the logo for the 1890 Nebraska NIL collective. The NCAA approved schools to place corporate logos in June.
The official NIL collective of Nebraska athletics, the logos place a valuable spotlight on 1890 Nebraska.
New Nebraska athletic director Troy Dannen prioritized NIL since arriving in Lincoln. The collective was rebranded 1890 Nebraska in July and received the full backing of the athletic department.
Dannen's decision to give the NIL collective premium sponsorship will be crucial to raising dollars. The NCAA's decision to allow on-field sponsorships comes ahead of the House v. NCAA settlement which would allow schools to share upwards of $22 million with athletes. Athletic departments are using the on-field sponsorships for a new revenue stream.
Full details of 1890 Nebraska's agreement with the Huskers athletic department for the logos on the Memorial Stadium turf are unclear.
"Whether you like it or not, the era of compensating the athletes directly, in this way through NIL, is here," Dannen previously told On3. "If you want to thrive, if you want to win, and let's not kid ourselves, it's all about winning. What do you need to do to win? You have to invest in NIL. You have to invest in partnerships. You have to commit to it.
"Not being involved and not partnering ties one of your coach's hands behind his back. My job is to give every coach everything they need to have success, and this is an important part of it."
Nebraska is viewed as one of the top NIL collectives in the Big Ten and the nation.
The collective received unprecedented support from Nebraska this summer, too. Included in the partnership, donations made to 1890 will be eligible for Huskers Athletic Fund priority points and can be included in calculating Huskers Athletic Fund membership levels.
And with former Husker great Matt Davison partnering with Nebraska businessman Tom Peed and Shawn Peed, Nebraska can compete with most NIL budgets.
"They saw a guy who could turn around a program and invested in him," a fellow Big Ten NIL collective leader told On3. "The institutional alignment and priority points have made them a gold standard."
Dannen's decision to roll out 1890 Nebraska on-field logos is just another sign of his all-in approach to NIL.
"There's always somebody that pays their coach more," Dannen previously told On3. "There's always somebody that's going to pay their athletes more, professionally, college sports, in every place. It's how you pay it. It's how you allocate it. It's are you getting the bang for the buck? Are you not wasting money on those investments? I think that defines it." – Pete Nakos |
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"Basically, if you can't walk and chew gum at the same time, then it's tough to lead. And that's what you're getting right now from the NCAA." – Oklahoma State coach Mike Gundy talking with SiriusXM about the NCAA prohibiting the Cowboys from wearing QR codes on helmets to raise NIL funds for the Pokes With A Purpose collective.
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North Carolina BOE advances rule to allow NIL deals for public school athletes |
North Carolina's public high school student-athletes are one step closer toward being able to earn money of NIL deals.
The North Carolina State Board of Education gave preliminary approval last week to a rule change that would allow public school students to sign NIL deals beginning in the 2025-26 school year.
The next steps in the process are for public comments on Oct. 1 and Dec. 6. A virtual public hearing is also scheduled for Nov. 8. After feedback is received, a final board vote on Jan. 9, 2025 is scheduled. If it passes, North Carolina public school student-athletes could start engaging in NIL activities in July 2025.
The mother of Faizon Brandon, the Tennessee five-star quarterback commit from Greensoboro Grimsley High School, is suing the state board for not allowing NIL deals this school year. The family says the state is costing Brandon – who is the No. 1 quarterback recruit in the 2026 class – "a life-changing NIL opportunity."
"By imposing a full ban …. has harmed F.B. widely regarded as the nation's top-rated high school football recruit in his class – by unlawfully restricting his right to freely use his NIL, which he and he alone owns, thereby jeopardizing his ability to capitalize on life-changing opportunities currently available to him and provide himself and his family with financial security," the complaint states.
The North Carolina High School Athletic Association Board of Directors approved a proposal in May 2023 that would've brought NIL rights to North Carolina public high school student-athletes starting on July 1, 2023. But North Carolina politicians shut the measure down barely a day later with legislation that eventually stripped the state association of much of its power and threatened its very existence.
Interestingly, private school athletes in North Carolina can profit off NIL. The top North Carolina prospect in the 2025 class, David Sanders Jr., attends Providence Day School, a private school. He's already signed NIL representation with WME.
Currently 39 states – through laws or local athletic associations – allow student-athletes to participate in NIL deals without forfeiting the ability to play high school sports. – Jeremy Crabtree |
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+Notre Dame quarterback Riley Leonard used his NIL brand to show appreciation to his offensive line. Leonard signed an endorsement deal with Dick's Sporting Goods for an appearance in Mishawaka, Indiana. Instead of just pocketing the cash for the solo appearance, Leonard brought his entire offensive line to the event, with all the funds going to his personal protectors.
"It means a lot to be able to share an opportunity like this with my teammates, in fact it's essential to me," Leonard told On3 in a statement. "I know I'm the quarterback of this team, but we can't win on and off the field if we're not doing this stuff together. I am very grateful to Dick's for giving us the chance to connect with fans in such a fun way as a unit and especially to be able to involve my O-linemen. Things are always better for everyone when they're around."
Full details of the contract were not shared with On3, but the linemen will be receiving cash and gift cards. Leonard is repped by QB Reps, which also works with quarterbacks at Alabama, Clemson, Florida State and Ole Miss.
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+Texas high jumper and influencer Sam Hurley continues to add major brands to his ever-growing NIL resume. Hurley – who has an On3 NIL Valuation of $941,000 and more than 4.9 million followers on social media – announced new partnerships with Hollister and Raising Cane's. He's previously worked with top companies such as Passes, Intuit TurboTax and Polo Ralph Lauren. Hurley was a second team All-American after the 2023 outdoor track season.
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+Duke freshman small forward Toby Fournier signed an exclusive NIL deal with Leaf Trading Cards. Fournier enters the 2024-2025 women's basketball season as one of the most hyped recruits in Duke history. The Toronto, Canada, native has gone viral multiple times with her dunking prowess, and she's a standout for Team Canada. Since she is not a United States citizen, Leaf flew to Toronto to sign Fournier and shoot a commercial at her elementary school. Leaf said Fournier is the only women's basketball freshman with an exclusive trading card NIL deal.
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