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Clearinghouse Denial of NIL Deals to Be Limited by Arbitration

One of the more controversial features of the approved House settlement is a clearinghouse review of NIL deals that exceed $600 to ensure they are legitimately about use of an athlete’s right of publicity and not veiled payments to convince an athlete to attend and remain at a school.  Some have speculated that the denial of proposed NIL […]

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Clearinghouse Denial of NIL Deals to Be Limited by Arbitration

One of the more controversial features of the approved House settlement is a clearinghouse review of NIL deals that exceed $600 to ensure they are legitimately about use of an athlete’s right of publicity and not veiled payments to convince an athlete to attend and remain at a school. 

Some have speculated that the denial of proposed NIL deals will motivate athletes and the businesses with whom they seek to partner to sue the clearinghouse, and perhaps other defendants. Possible claims could include alleged violations of state NIL statutes, tortious interference with prospective NIL contracts and suppression of economic opportunities as protected by state and federal antitrust laws.

There’s an important factor being overlooked: The role of arbitration, which will make it far more difficult for an athlete or a company with which the athlete seeks to sign an NIL deal to wage a successful lawsuit. 

The narrow means of challenging arbitration awards will likely deter attorneys who would otherwise jump at the chance to bring a lawsuit that would attract media attention. The prospect of overcoming judicial deference to an arbitration award is an important and often overlooked factor.

Deloitte, in partnership with the new College Sports Commission, will oversee NIL Go. The clearinghouse will use a fair market algorithm to assess if an NIL deal has a plausible relationship to the value of the athlete’s right of publicity in the context of a proposed deal. Hypothetically, an athlete being offered $1 million to sign with a local car dealership that typically pays endorsers less than $10,000 would need to explain the logic of the $1 million amount.  

While NIL is a relatively new term, it reflects a longstanding legal principle–the right of publicity–that is protected by states’ laws. This right has played an instrumental role in protecting actors, musicians and pro athletes from misappropriation of their unique and marketable personal qualities. College athletes have always had the right of publicity, but until the NCAA’s hand was forced by Ed O’Bannon’s case over the unlicensed use of athletes’ likenesses in video games and states enacting NIL statutes, NCAA rules had conditioned eligibility on (among other things) athletes not profiting from their identity.

Since 2021, NIL has sometimes morphed into a vehicle to pay athletes to attend and remain at a school. Even if those arrangements are called “NIL deals,” they’re substantively not about NIL. They are pay-for-play arrangements, which remain prohibited by NCAA rules.

NIL Go will be charged with clearing or not clearing NIL deals. In instances where more review is needed, the College Sports Commission will conduct its own screening. Athletes whose deals are rejected will have the chance to revise those deals and submit revisions for review. They can also file an appeal to neutral arbitration.

Arbitration is a private dispute resolution forum that parties contractually assent to use in lieu of litigation. Although arbitration and litigation are sometimes discussed interchangeably, they are quite different. Arbitration is conducted behind closed doors, meaning that–unlike in litigation– writing filings, evidence, testimony and transcripts are shielded from public review. There is no judge or jury in an arbitration. Instead, the arbitrator is typically a subject matter expert, who is usually an attorney with relevant expertise and is sometimes a law professor or retired judge.  The arbitrator issues a decision, known as an “award,” and it is an order that the parties have contractually agreed to follow.

As repeatedly seen in sports law in recent years, whether it’s when NFL coaches sue the NFL over employment disputes, when NFL agents sue one another over client recruitment or when NBA teamssuing each other over trade secrets, judges who are asked to vacate arbitration awards are very reluctant to do so.

The Federal Arbitration Act and the Labor Management Relations Act instruct that judges are generally expected to sustain arbitration awards when the loser challenges them in court. There are only exceptional circumstances, such as when the award was procured by fraud or when the arbitrator refused to consider relevant evidence or follow basic legal principles, that warrant vacating an award. Some estimates find that judges vacate awards only around 10% of the time. Even when a judge vacates an arbitration award, the “winner” of that court ruling doesn’t necessarily “win” the dispute. Instead, they ordinarily get another shot at arbitration—where they might lose again.

To be sure, there are variables with arbitration review of clearinghouse decisions regarding NIL deals. Arbitration ordinarily arises in circumstances where the parties are in an employment or consumer relationship. When an NFL coach signs an employment contract, the contract will contain an arbitration provision. When a consumer buys a new computer, the fine print usually details an arbitration provision. 

Under current applications of law, a college athlete is not an employee. The athlete is also not acting as a consumer when signing an NIL deal. The athlete is instead a student who wishes to sign an NIL deal with a third party wherein they would be an independent contractor. That NIL deal is not what gives rise to arbitration—it is instead the approved House settlement’s procedure for injunctive relief. The settlement governs the athlete like other class members and, as a contract, the settlement has a nexus to the athlete. But it is a different relationship from employment or consumer contexts and different from, say, an NBA team owner contractually agreeing to the league commissioner having authority to review team-to-team disputes.

Whether distinctions in the college sports context prove to be distinctions without making a legal difference remains to be seen. But those predicting an avalanche of college athletes suing over denied NIL deals should be a factor in the role of arbitration as a major deterrent to litigation.

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EA Sports Hints at Bringing Back Popular CBB Video Game

Last Updated on July 2, 2025 After more than a decade-long hiatus, college basketball video games appear to be on the verge of a major comeback, thanks to the massive success of EA Sports College Football 25. According to a memo obtained by Extra Points, EA Sports has submitted a proposal to revive its College Basketball video game series, […]

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Last Updated on July 2, 2025

After more than a decade-long hiatus, college basketball video games appear to be on the verge of a major comeback, thanks to the massive success of EA Sports College Football 25. According to a memo obtained by Extra Points, EA Sports has submitted a proposal to revive its College Basketball video game series, with a tentative release date set for 2028.

The memo, sent on July 26, 2025, by the College Licensing Company (CLC) to conference offices, outlines that a Request for Proposal (RFP) was issued in November 2024. Of the five companies that expressed formal interest, three submitted official bids. CLC is recommending that conferences approve EA Sports’ bid, which includes a comprehensive, standalone simulation game featuring all NCAA Division I men’s and women’s basketball programs.

EA Sports Emerges as the Leading Bidder

Unlike competing proposals that included college content within broader sports titles or leaned more toward arcade-style action games, EA Sports pledged to build a full-fledged, standalone college basketball simulation featuring every men’s and women’s Division I basketball team.

Their vision would mirror the depth and features of their football game, incorporating modes such as Dynasty, Ultimate Team, Road to Glory, and Team Builder. Following the success of College Football 25, EA Sports plans to capitalize on the momentum of both games and explore opportunities for fans to enjoy both experiences.

As with College Football 25, real athletes would be included in the game via licensing agreements, facilitated through Compass and One Team Partners. The inclusion of real player likenesses and live service content—such as downloadable updates and optional paid add-ons—will expand and enhance the user experience while creating new revenue opportunities for participating institutions.

A New Release Strategy

Although a new college football video game is slated to come out each year according to the current licensing agreement along with other major video game titles supporting professional sports such as NBA2K, EA Sports FC and Madden, EA Sports proposed a more flexible release schedule for College Basketball, departing from the typical annual sports game cycle.

Over a six-year licensing term, the company commits to launching a minimum of three titles, with the option to release up to six. In years without a full new release, EA will offer roster and team updates via downloadable patches, while still paying 50% of the “release year” minimum royalty guarantee (MRG).

This shift acknowledges historical market differences—college football video games have traditionally outsold basketball titles by a 3:1 ratio—and provides an opportunity to test a consumer-preferred model that prioritizes quality over quantity.

There has been no clarification on which platforms would support the potential game.

Addressing the Complexities of Licensing

Unlike college football, where the NCAA is not a central rights holder, basketball poses unique licensing challenges. The NCAA owns key trademarks like “March Madness” and “The NCAA Tournament,” making their inclusion essential for a fully immersive experience.

The memo states EA Sports plans to secure licenses from individual schools, players, conferences, trophies, and the NCAA itself. However, the NCAA will not appear in the game’s title. The working name referenced in the memo is EA Sports College Basketball.

Royalties would mirror the revenue model used in College Football 25, distributing payouts to schools and conferences based on player usage metrics within the game.

What’s Next?

While EA Sports has not yet issued a public announcement, conference officials have been asked to approve the proposal by July 18. This would allow EA to begin collecting the assets necessary for development, putting them on track for a 2028-29 release.

It’s important to note that development timelines are fluid and subject to change. Still, the strength and clarity of EA’s proposal, along with its past success in the college sports space, suggest the return of a college basketball video game is not just possible—it’s likely. EA Sports and CLC have yet to comment on the proposal. 

  • Hailey Rissinger

    Hailey is a Sport Management graduate student at the University of Florida, specializing in Sport Law and seeking a certificate in Social Media. As a former Division I collegiate athlete, Hailey has a passion for helping athletes experience success on and off the field. Hailey is working toward a career in the NIL industry, helping athletes profit off of their Name, Image, and Likeness through developing their personal brand.

    View all posts



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These 2-sport athletes are a cheat code in College Football 26

College Football 26 is on its way, scheduled to be released on July 10. And, in the lead-up, EA is slowly releasing the player ratings to drum up excitement for the second edition of the game in the NIL era. The College Football video game made its triumphant return last summer, after an 11-year hiatus, […]

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College Football 26 is on its way, scheduled to be released on July 10. And, in the lead-up, EA is slowly releasing the player ratings to drum up excitement for the second edition of the game in the NIL era. The College Football video game made its triumphant return last summer, after an 11-year hiatus, for the first time, legally featuring real players’ names, images, and likenesses.

One of the recent ratings releases revealed the fastest players in the game, and this is where the two-sport stars of college football shine. In the NIL era, especially, playing two sports is a rare marketing opportunity for athletes, particularly when having track speed makes you a fan favorite in the video game. 

Many of the fastest players in college football also make an impact on the track, but two stood out this spring. 

Jordan Anthony became a star sprinter for Arkansas in his sophomore season. He ran a 9.75 100-meter dash in the first round of the NCAA Division I West Regionals, the fastest in the country this outdoor season. He then went on to claim the national title in the 100 meters two weeks later. He also finished fourth in the 200 meters, and Arkansas snagged third place in the 4×100-meter relay. His outstanding performance in Eugene came nearly a month after winning the SEC 100-meter title, finishing two spots and seven tenths of a second ahead of Jelani Watkins. 

Watkins was another star of the outdoor season. Again, he finished two spots and this time three tenths behind Anthony at the NCAA Championships in Eugene in June. Watkins was in his freshman season, and with so much success on the track, the former four-star recruit may be able to quickly translate his speed to the football field. 

So far, Anthony has not made a major impact for Sam Pittman’s Razorbacks. The Texas A&M transfer caught eight passes for 111 yards and a touchdown last season and had two carries for just seven yards. However, that won’t stop him or Watkins from being two of the most fun players in College Football 26. 

Last season, Nyck Harbor was something of a cheat code in College Football 25, with his 99 speed rating at 6-foot-5 and 235 pounds. Harbor did not run track in the 2025 season, but made the 2024 Outdoor Track and Field Championships in the 100 and 200-meter dashes for the Gamecocks. He, like many of the other players on this list, including Roderick Pleasant, who set the California state record in the 100-meter dash in high school before beginning his two-sport career at Oregon, have decided to focus their attention on the football field.





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Nick Saban humor, new NIL partnership, Alabama discourse

Georgia football’s hot streak on the recruiting trail appears to have come to an end, but that was to be expected after landing 18 commitments throughout June. But even if there weren’t many recruiting updates on Tuesday, there was still a lot of interesting news that involved Georgia. Much of this news involved SEC rival […]

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Georgia football’s hot streak on the recruiting trail appears to have come to an end, but that was to be expected after landing 18 commitments throughout June. But even if there weren’t many recruiting updates on Tuesday, there was still a lot of interesting news that involved Georgia.

Much of this news involved SEC rival Alabama, so let’s begin with a hilarious comment that was said on live TV by their former head coach.

Nick Saban gives Georgia fans a “Go Dawgs”

Even though Alabama isn’t a traditional rival of Georgia’s, it has felt like that over the past decade as the Tide were the team that prevented Georgia from reaching their potential for many years. This caused many Georgia fans to dislike head coach Nick Saban because he routinely beat Georgia while winning countless SEC and National Championships.

Fast forward to today and Saban finds himself as one of the most respected college football analysts the sport has to offer. Saban is often found on live TV talking about college football nowadays, most recently on SportsCenter as he is getting SEC fans ready for their upcoming media days. But at the end of his segment on SportsCenter, the host interviewing him got Saban to give the camera a “Go Dawgs.”

Saban immediately regretted saying this, but it was a hilarious moment that should give Saban some more fans from Georgia.

Georgia announces new NIL partnership

The NIL landscape continues to change in college athletics, and Georgia is attempting to change with it as they have announced a new NIL partner. This partnership is with Learfield who will be tasked with assisting all of Georgia’s student-athletes in finding new NIL opportunities they can take advantage of.

Georgia was already one of the top athletic departments when it came to NIL, and that was seen this past year as UGA had four National Championship winning teams while also finding a lot of success in many other sports as well. And this new partnership with Learfield should help Georgia continue to succeed even more in this new age of college athletics.

Alabama fans name Georgia the SEC’s top program

There is a very real debate that can be had between Georgia and Alabama regarding who the best program in the SEC is. Georgia fans think they deserve that title as the reigning SEC Champion and the last team in the conference to win a national title, but Alabama fans can claim their vast success is still recent enough and Georgia still can’t beat them.

But a few Alabama fans may have settled this debate as they are siding with Georgia and saying they have passed Alabama as the best program in the country. There reasons for this include the recent championships as well as sending more players to the NFL in recent years.

So the next time an Alabama fan tries to claim they are still the better program, be sure to remind them that even some Alabama fans think Georgia is the best team now.



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How college football star Jeremiah Smith signed with Adidas while starring for Nike-based Ohio State

Ohio State wide receiver Jeremiah Smith has signed with Adidas, a major move for the sportswear and footwear giant ahead of college football’s 2025 season. Smith registered 76 receptions for 1,315 yards and 15 touchdowns last season as a five-star true freshman sensation for the national champions, who are a unanimous top five team ahead […]

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Ohio State wide receiver Jeremiah Smith has signed with Adidas, a major move for the sportswear and footwear giant ahead of college football’s 2025 season. Smith registered 76 receptions for 1,315 yards and 15 touchdowns last season as a five-star true freshman sensation for the national champions, who are a unanimous top five team ahead of the new campaign.

CBS Sports spoke to a source with knowledge of the agreement Wednesday, who acknowledged Smith would still wear Nike with the Buckeyes this season. Ohio State signed a then record-setting 15-year agreement with the Swoosh in 2016 to be the Buckeyes’ official apparel sponsor.

Smith is not tied to the Swoosh despite Ohio State’s relationship with Nike.

“Off the field, Jeremiah will be in Adidas product, along with any brand marketing (spots) and individual social media posts,” the source said.

Smith had multiple offers from various competitors and ultimately chose to represent Adidas moving forward.

The source noted that a similar scenario previously unfolded for current WNBA rookie Hailey Van Lith, who initially transferred from Louisville — an Adidas school — to Nike-sponsored LSU prior to finishing her career last season at TCU last season.

Van Lith’s NIL deal with Adidas carried over to Baton Rouge. She was one of 15 female student-athletes to sign with the brand in 2022.

Smith was a breakout performer in last season’s College Football Playoff, lighting up Tennessee and Oregon with multi-touchdown outings before clinching the national title against Notre Dame with a clicking 56-yard reception in the waning moments.

“One of the most memorable moments from last season was losing my black stripe and officially becoming a Buckeye,” Smith said in a press release. “Fast forward a year and I’m blessed to be adding three, joining the fastest brand in football. It’s crazy to be partnering with a brand that has such a talented roster of players and that I’ve been wearing since I was a young kid. We’re not done yet.” 

Smith told The Athletic of his new deal that being a part of the brand was “something special” as his football career continues to leap forward.

“I’ve been wearing Adidas since I was a young kid, 11, 10 years old,” Smith said.

Smith joins an Adidas portfolio that includes Patrick Mahomes, Travis Hunter and former Ohio State stars Garrett Wilson and Emeka Egbuka. He shattered numerous freshman program records in 2024 and is one of this fall’s Heisman frontrunners.

“We’re building a roster of collegiate athletes that are writing new chapters, creating legacies and shattering records for their programs and universities,” Chris McGuire, adidas vice president of sports marketing, said. “As the face of the next generation of elite football players, Jeremiah has demonstrated an unwavering commitment to the game, making him a perfect fit for our roster of athletes.”





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Sooner News Daily | Wednesday (July 2, 2025) – The Football Brainiacs

College Football Certified game wreckers 🔥 @EASPORTSCollege 🎮 91 » @John_Mateer4 🎮 90 » @THEJAYDNOTT pic.twitter.com/u3EUDDSVO6 — Oklahoma Football (@OU_Football) July 1, 2025 Mel Kiper Jr. was the first-ever guest on The Dari Nowkhah Show. Kiper spoke on what OU has in Jim Nagy as the General Manager. “I don’t think there’s a better evaluator […]

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EA Sports College Football 26 Player Rankings: Top 20 Quarterbacks

EA Sports College Football 26 rolled out some more player rankings and revealed its top 20 quarterbacks. Get ready to play as these guys with their respective schools. Or of course, try to get them to transfer to your favorite program in dynasty mode! The list is pretty close to the standard ranking of quarterbacks […]

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EA Sports College Football 26 rolled out some more player rankings and revealed its top 20 quarterbacks. Get ready to play as these guys with their respective schools.

Or of course, try to get them to transfer to your favorite program in dynasty mode! The list is pretty close to the standard ranking of quarterbacks throughout college football this year.

Without further ado, let’s dive into EA’s QB rankings for the new edition of the game. They are in order to go along with their actual rating.

There’s been a lot of buzz lately about Klubnik being the top quarterback in college football. Heck, some early mock drafts have him as the top QB, if not the No. 1 overall pick next spring.

Last season, he had a career year. Klubnik had 3,639 yards, 36 touchdowns, six interceptions and a 63.4% completion percentage to go along with 463 rushing yards and seven rushing touchdowns.

LSU QB Garrett Nussmeier
Maria Lysaker | Imagn Images

Nussmeier is a popular pick to win the Heisman Trophy this coming season, among other quarterbacks. But he’s proven he could fill the shoes of Jayden Daniels and could get LSU to the College Football Playoff this fall.

Last season, Nussmeier threw for 4,052 yards, 29 touchdowns, 12 interceptions and a 64.2% completion percentage. Expect those types of numbers once again this fall.

3. Drew Allar, Penn State – 92

Drew Allar has the build, the skill and the poise to be one of the best QBs in the country. It’ll be interesting to see how he follows up last year’s run to the CFP semifinals with national championship expectations in 2025.

Allar was a more accurate quarterback last year and tossed 24 touchdowns. He also threw for 3,327 yards but had eight interceptions compared to two in 2023.

4. Sam Leavitt, Arizona State – 91

Leavitt broke out last season, helping the Sun Devils win the Big 12 and make the College Football Playoff. The hype train around Arizona State is still chugging along.

Last season, he threw for 2,885 yards, 24 touchdowns, six interceptions and a 61.7% completion percentage. He added 443 rushing yards and five rushing touchdowns.

LaNorris Sellers, South Carolina
LaNorris Sellers, South Carolina – © Jeff Blake-Imagn Images

Sellers is a dual threat quarterback and would be fun to play in a video game wouldn’t he? Especially after his 2024 season and following some development, he’ll be a player to watch in the SEC this fall. 

Last year, Sellers threw for 2,543 yards, 18 touchdowns, seven interceptions and a 65.6% completion percentage. He also ran for 674 yards and seven touchdowns.

Mateer is about to get way more hype now that he’s in the SEC. That’s just the way it works despite his really productive season as a quarterback at Washington State.

Last year, he threw for 3,139 yards, 29 touchdowns, seven interceptions and a 64.6% completion percentage. He also ran for 826 yards and 15 touchdowns. Good luck stopping him!

Beck gets a fresh start at Miami following his transfer this offseason. The former Georgia quarterback had a lot of ups with the Bulldogs, but also some downs and ended last year with a season-ending injury.

Last season, Beck was productive, but his completion percentage went down (64.7%) and interceptions went up (12). Still, he threw for 3,485 yards and 28 touchdowns in 13 games.

Notre Dame coach Marcus Freeman had high praise for Navy quarterback Blake Horvath.
Daniel Kucin Jr.-Imagn Images

This man is a hammer! Horvath would run through a brick wall over passing it any day! In all seriousness, he’s a quality quarterback for Navy.

As a passer, Horvath only threw for 1,353 yards, 13 touchdowns, four interceptions and a 57.6% completion percentage. But as a runner, he’s a stud: 1,246 yards, 17 touchdowns and 7.1 yards per carry.

Manning was already getting a lot of hype going into his first full year as a starting quarterback. Now, the latest EA video game already has him as a top 10 player.

In limited opportunities, and two starts, Manning threw for 939 yards, nine touchdowns and two interceptions last year. He can also run really well, clocking in as one of the fastest QBs in the country, and he ran for 108 yards and four touchdowns on just 25 attempts.

10. DJ Lagway, Florida – 90

Lagway has a lot of potential as a quarterback and it seems like EA is banking on it as well. As long as he develops and stays healthy, he could really elevate Florida to new heights in 2025.

As a freshman, Lagway threw for 1,915 yards, 12 touchdowns, nine interceptions and a 59.9% completion percentage. If he cuts down on the turnovers and the offensive symmetry improves, it should be a good year. 

11. Avery Johnson, Kansas State – 89
12. Kevin Jennings, SMU – 89
13. Darian Mensah, Duke – 89
14. Luke Altmyer, Illinois – 89
15. Kaidon Salter, Colorado – 88
16. Nico Iamaleava, UCLA – 88
17. Diego Pavia, Vanderbilt – 88
18. Rocco Becht, Iowa State – 88
19. Jake Retzlaff, BYU – 88
20. Sawyer Robertson, Baylor – 88



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