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Film Room: Innovative NIL and sponsorship structures | Eversheds Sutherland (US) LLP

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In this week’s Film Room, we:

  • Explore dynamic NIL sponsorship opportunities in the context of a recent Sports Business Journal article
  • Break down a recent court decision on another eligibility rule challenge

Dynamic NIL deals create new opportunities for institutions and student-athletes

As college athletics continues its multifaceted evolution, sponsorship and revenue generation considerations become even more determinative of competitive outcomes.

With institutional payments to student-athletes capped and third-party NIL uncapped, it’s incumbent on institutions to think critically and creatively about sponsorship and related opportunities that recent rule changes create for their student-athletes. A recent article in the Sports Business Journal highlights innovative thinking at the University of Kansas in connection with mixed-use developments involving the football stadium.

While the article doesn’t describe related third-party NIL considerations, such projects offer institutions a built-in opportunity to facilitate game-changing third-party NIL deals for student-athletes. Now, for the first time ever, institutions can go to market with student-athletes—and the payments from third parties to student-athletes in connection with such deals are subject to no cap. See Article 3, Section 3(c) of the House Injunctive Relief Settlement:

“If the Member Institution elects to sub-license to a third party any rights it has secured through a direct contract with any individual student-athlete, the proceeds of third-party NIL licenses or sublicenses procured for the student-athlete by the Member Institution or its designee/subcontractor for the student-athlete will not be counted against the Pool, nor will any other third-party payments made directly to a student-athlete be counted against the Pool.”

Dynamic sponsorship deals that leverage combined opportunities for institutions and student-athletes will swing the competitive balance at the highest levels of college athletics, now and into the future. While not subject to a cap, such deals are subject to review by the College Sports Commission (CSC) for a valid business purpose and to determine whether they are within a reasonable range of compensation (if the third-party payor is an Associated Entity/Individual). Given the importance of these deals, it’s imperative that they’re structured in a manner that aligns with both CSC regulations and existing institutional agreements.

Recent eligibility challenge denied

Last week, a federal court in Louisiana upheld the application of the “five-year rule” to the plaintiff, Stanley Hamilton, a track and field student-athlete who enrolled in college in 2019 but did not begin competing until 2022.

The plaintiff argued that applying the start date for the five-year rule upon enrollment in 2019 when the student-athlete didn’t begin competing until 2022 amounted to a violation of the antitrust laws. The court denied the plaintiff student-athlete’s request for an injunction, noting, courts have “consistently held that the NCAA’s eligibility rules are reasonable” and the “Sixth Circuit found that the NCAA ‘eligibility rules … are all explicitly non-commercial.’” (at 11).

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Ty Simpson “not wavering” on decision to turn pro amid NIL bidding war

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Alabama quarterback Ty Simpson announced last week that he was leaving school early to enter the NFL draft. But that hasn’t stopped other college programs from offering him lucrative NIL deals.

What started out in the $4 million range has reached in excess of $6 million, a source with knowledge of the situation told Bama247.

But that same source said the offers were unsolicited and that Simpson “hasn’t wavered” in his decision to enter the NFL draft. The expectation is he will not change his mind before the Wednesday deadline for underclassmen to declare.

Al.com was first to report the unrelenting interest in Simpson as the draft deadline approaches.

Simpson went 11-4 in his lone season as the starter, leading Alabama to the College Football Playoff and a come-from-behind victory at Oklahoma in the first round. But his season ended on a sour note as he threw for only 67 yards and no touchdowns in a 38-3 loss to Indiana in the Rose Bowl that saw him sidelined for much of the second half with a rib injury.

Simpson, who was named a team captain in the summer, finished the season with 3,567 passing yards, 28 passing touchdowns and five interceptions. He also ran for 93 yards and two scores.

Recent NFL mock drafts have had Simpson ranked among the top three quarterbacks — behind Indiana’s Fernando Mendoza and Oregon’s Dante Moore — and a borderline first-round pick.

Alabama 2026 NFL draft decision tracker: Who will stay in school or enter draft?

With Simpson gone, Mack and Russell are the two most experienced quarterbacks on the roster. The two were listed as co-backups this season with Mack having a 62-to-36 edge in total offensive snap over Russell.

Both Mack and Russell resigned with Alabama last week.



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The Ohio State football program is in Transfer Portal crisis thanks to Ross Bjork

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When Ohio State made the decision to hire Ross Bjork as athletic director once Gene Smith stepped down, a large reason was that he was supposed to be an expert in the NIL space. Bjork touted his ability to galvanize donors and pay the athletes what they rightly deserved.

The end of his tenure at Texas A&M did see the football program spend a lot of money on recruits. It backfired spectacularly. Jimbo Fisher did not coach the team well, and Bjork had to fire him and pay him around $77 million to not coach the program.

Since coming to Columbus, Bjork has used the opposite approach. He has been borderline stingy at every corner when it comes to NIL for the Ohio State football program. Instead of helping the Buckeyes, he is actively sinking the ship just a year after winning a national title.

Ross Bjork is actively hurting the Ohio State football program

30 players have entered the Transfer Portal from this year’s version of the Ohio State Buckeyes. That is by far the most since the portal became a widely used thing. What’s even worse is that Bjork has refused to pay enough to bring enough players in to replace those guys leaving.

There have been several instances of the Buckeyes losing out on talented portal players because they did not use their NIL money correctly. Bjork seems to think that the College Sports Commission is actually going to be able to enforce any sort of cap when it comes to revenue sharing.

No other high-major program is operating under those assumptions. In fact, most of Ohio State’s competitors keep reloading in the portal. Indiana is arguably passing the Buckeyes when it comes to finding talented older players in the portal, and that’s why they are playing for a national title.

Bjork was a questionable hire when he was brought in. The shine has worn off from the 2024 national championship, and more people are realizing that the title was won in spite of him, not because of him. Ryan Day needs to start putting his foot down when it comes to the football program.



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No. 1 portal WR Cam Coleman commits to Texas

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After some marquee portal losses, the Texas Longhorns needed to add elite talent to the wide receiver room and did just that with the addition of Auburn Tigers transfer Cam Coleman over the Alabama Crimson Tide, Texas A&M Aggies, and Texas Tech Red Raiders.

Coleman is one of the crown jewels of the portal class, the No. 4 player overall and the No. 1 wide receiver and five spots ahead of the next-best offensive player — former Alabama wide receiver Isaiah Horton. The elite wideout made the most of his second recruiting cycle, but traveled to Austin first before trips to College Station, Lubbock, and Tuscaloosa. He’s ranked as a five-star portal prospect after arriving at Auburn two years ago as a five-star high school prospect, the second-ranked wide receiver behind Ohio State’s Jeremiah Smith.

In two years at Auburn, the 6’3, 200-pound wideout emerged as one of the nation’s most explosive targets despite the Tigers struggling to find consistency at quarterback. In two seasons, he accounted for 1,306 yards and 13 touchdowns catching passes from Peyton Thorne, Jackson Arnold, and Ashton Daniels. The hope for both Texas fans and Coleman is that putting him with a quarterback who specializes in the deep ball, like Arch Manning, will both open up the Texas offense and set him up for a one-year springboard on the Forty Acres.

This plan has worked wonders for Texas in previous years, with Matthew Golden and Adonai Mitchell putting up big numbers in Burnt Orange and hearing their names called early in the NFL Draft.

Texas was likely heading to the portal in the offseason regardless, but the departures of DeAndre Moore and Parker Livingstone made it a true necessity for the Longhorns. The Longhorns have bolstered the skill position talent on offense with the additions of Coleman and former Arizona State running back Raleek Brown.



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Legend posts Transfer Portal message that Ohio State football fans needed to see

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As more and more Ohio State football players enter the Transfer Portal, the Buckeyes continue to let prospects go by without adding them to the roster. Despite several high-profile visits, the Buckeyes have only brought in five players from the portal to offset the 30 they’ve lost.

Ross Bjork should receive the majority of the blame. His failure to use NIL effectively, while every other major program seems to be able to, is a massive problem. Of course, there is something to be said for the change in mindset for some of the college football players these days.

Former Ohio State running back Maurice Clarett had his own gripes with the NCAA. He tried to challenge the NFL rule so that he could enter the NFL after his freshman season. Ultimately, that failed. Regardless, he gave his take on the portal situation.

Maurice Clarett explains why Ohio State football players are transferring

From Clarett’s perspective, he believes that college kids are just looking around to capture the most money possible.

Clarett isn’t wrong that Ohio State certainly props up other kids who aren’t at the top of the depth chart. The cache of being at an elite program for a year helps them get more NIL money from a lower-level school, allowing them to maximize their earning potential.

That’s still no excuse for what is happening with the Ohio State Buckeyes. There is no reason that they should have this many players exiting the program and so few coming in. Ryan Day needs to get Bjork’s expectations in line for how the NIL game is played.

If that doesn’t happen, Ohio State is going to start to fall behind very quickly. Other programs have risen, and old powers are using NIL to get back to the top, as well. The Buckeyes need to fix their approach before it is too late and they fall too far behind.





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Oregon’s Linebacker Depth Takes A Hit With Latest Transfer Portal Entry

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The Oregon Ducks took a hit to their linebacker depth with Kamar Mothudi entering the transfer portal the day after Oregon’s season-ending Chick-fil-A Peach Bowl loss according to 247Sports’ Matt Zenitz.

Mothudi appeared in six games this past season and recorded four tackles. He is the first Oregon linebacker to enter the transfer portal.

High Expectations, Low Production

Oregon Ducks dan lanning schedule Dante moore Kamar Mothudi Recruiting NIL Transfer Portal Big Ten College Football Playoff

Jan 9, 2026; Atlanta, GA, USA; Oregon Ducks head coach Dan Lanning on the field prior to the 2025 Peach Bowl and semifinal game of the College Football Playoff against the Indiana Hoosiers at Mercedes-Benz Stadium. Mandatory Credit: Brett Davis-Imagn Images | Brett Davis-Imagn Images

Mothudi came to Oregon as apart of their 2024 recruiting class. Listed as the No. 13 linebacker and No. 145 player in the country according to 247Sports’ rankings, Mothudi came into Eugene with big expecations as he was the top-ranked linebacker in the Ducks’ 2024 class. However, he never really found his footing in the Ducks’ linebackers.

After appearing in only one game as true freshman, the 2025 Big Ten Championship game, Mothudi was still buried on the depth chart as a redshirt freshman. He played mainly in blowout wins for Oregon and made his last appearance in the Nov. 22 win over USC.

Potential Landing Spots For Mothudi

Oregon Ducks dan lanning schedule Dante moore Kamar Mothudi Recruiting NIL Transfer Portal Big Ten College Football Playoff

Oregon defensive coordinator Tosh Lupoi directs practice March 29, 2022.

Tosh Lupoi | Chris Pietsch/The Register-Guard / USA TODAY NETWORK

The Los Angeles native took five official visits during his high school recruitment. Mothudi visited Oregon, Oregon State, Washington, Michigan State, and Utah.

One schoool that stands out among the rest for Mothudi is Cal. The Golden Bears hired Oregon defensive coordinator Tosh Lupoi as their head coach following the dismissal of Justin Wilcox. Lupoi is known as a tenacious recruiter and was a big reason why the Ducks’ constantly reeled in top talent, including Mothudi.

247Sports lists Lupoi as one of the primary recruiters in Mothudi’s recruitment. The two could reunite in the Bay Area next season as the Golden Bears reload their roster via the transfer portal.

UCLA has been quietly making some noise in the transfer portal. Mothudi spent his first three years of his high school career at Campbell Hall, which is 12 miles away from UCLA’s campus. The Bruins also went through a coaching change and brought in James Madison’s Bob Chesney, making them active in the portal as well. They could make a push to bring Mothudi home to close out his college career.

MORE: What Dan Lanning Said After Oregon’s Loss to Indiana

MORE: Instant Takeaways From Oregon’s Playoff Loss to Indiana

MORE: Dante Moore NFL Outlook Comes Into Focus After Peach Bowl Loss

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Ducks Will Be Okay

Oregon Ducks dan lanning schedule Dante moore Kamar Mothudi Recruiting NIL Transfer Portal Big Ten College Football Playoff

Oregon outside linebacker Nasir Wyatt celebrates a sack as the Oregon Ducks take on the Washington Huskies on Nov. 29, 2025, at Husky Stadium in Seattle, Washington. | Ben Lonergan/The Register-Guard / USA TODAY NETWORK via Imagn Images

Although Mothudi was a promising underclassman, his departure isn’t the end all, be all for the Ducks’ linebacker unit. With Devon Jackson, Nasir Wyatt, and Blake Purchase all set to come back next season, Oregon will have plenty of talent coming back in addition to their 2026 recruiting class signees.

Oregon 2026 signees’ Braylon Hodge and Tristan Phillips both rank as top 15 linebackers in the country according to 247Sports’ rankings.

That’s not taking into consideration the fact that Mixon and Teitum Tuioti, both starters, still have eligibility left.

The departure of Bryce Boettcher will be the biggest impact on the linebacker unit as he was a multi-year starter and a leader of the team. But if Oregon coach Dan Lanning has proven anything during his time with the Ducks, it’s that they will be ready on the defensive side of the ball. Especially with the front seven.

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Freshman All-Conference QB delivers bad news to major college football programs

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The college football transfer portal often features unproven talent looking for a second chance, but this cycle featured a rare commodity in a proven statistical leader with multiple years of eligibility remaining.

Several top-tier programs engaged in a competitive pursuit to land one of the most productive passers from the FCS level to bolster their rosters for the 2026 season.

Coaches from the ACC, Big 12 and national independent brands identified this young signal caller as a primary target to solve depth chart issues or compete for a starting job immediately. His availability sparked a significant recruiting battle that spanned multiple time zones and conferences following his breakout debut campaign.

That pursuit ended abruptly on Sunday when the highly coveted prospect announced his decision to head to the Pacific Northwest. The move sends a ripple effect through the market and forces several major programs to look elsewhere for quarterback help as the offseason moves forward.

Mercer QB Braden Atkinson commits to Oregon State over Notre Dame, Baylor

Former Mercer quarterback Braden Atkinson has committed to Oregon State. His agents at AiC Athletes confirmed the decision to On3’s Hayes Fawcett. The move is a significant recruiting victory for the Beavers and a setback for five other major programs that showed interest in the prolific passer.

Atkinson enters the Oregon State program following a historic season at the FCS level. He threw for 3,611 yards and 34 touchdowns while completing 66 percent of his passes. Those numbers helped him win the Jerry Rice Award, which is given annually to the national freshman of the year in the FCS. He also finished fifth in voting for the Walter Payton Award while leading his team to a 9-3 record and a playoff berth.

Mercer Bears quarterback Braden Atkinson (11)

Mercer Bears quarterback Braden Atkinson (11) threw for 3,611 yards and 34 touchdowns in his freshman season. | John Reed-Imagn Images

His entry into the portal came after Mercer head coach Mike Jacobs left for Toledo. That coaching change sparked a recruitment battle involving Notre Dame, Baylor, Syracuse, Boston College and Cal. Each program had specific reasons for pursuing the 6-foot-1 standout.

Notre Dame explored adding Atkinson to a room that features starter CJ Carr. The Fighting Irish sought experienced depth to protect against injury, but will now have to look elsewhere. Baylor viewed Atkinson as a potential solution to replace Sawyer Robertson after he leaves for the NFL Draft. Head coach Dave Aranda faces pressure to find a competent starter after a difficult 5-7 season.

The ACC also missed out on a potential starter. Boston College is losing Grayson James to graduation and Dylan Lonergan to the transfer portal. This leaves head coach Bill O’Brien with limited proven options on the roster. Syracuse hoped to add competition behind Steve Angeli but failed to close the deal.

Cal viewed Atkinson as a way to bolster the roster under Tosh Lupoi, despite the presence of Jaron-Keawe Sagapolutele. The Golden Bears’ freshman starter has indicated he plans to return, but depth remains a priority.

Atkinson ultimately chose the Beavers and brings three years of eligibility to Corvallis.

Read more on College Football HQ





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