NIL

House Settlement’s Arbitration Will Limit NIL Clearinghouse Lawsuits

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 […]

Published

3 weeks ago

June 8, 2025

Your Sports Nation

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 teams suing 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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NIL

Pivot Points: The games that could define the 2025 college football season

We all know the importance of Penn State–Ohio State or the history of Oklahoma–Texas. Those games are already circled on every college football fan’s calendar. But there are other games — either because of the particular circumstances of the season or because of where conference schedule-makers placed them — that hold equal importance. These are […]

Published

6 minutes ago

June 26, 2025

Your Sports Nation

We all know the importance of Penn State–Ohio State or the history of Oklahoma–Texas. Those games are already circled on every college football fan’s calendar.

But there are other games — either because of the particular circumstances of the season or because of where conference schedule-makers placed them — that hold equal importance. These are the Pivot Point games. They’re the wins that can launch a successful streak or the losses that send a team tumbling toward a failed season.

Here are 10 September and early-October games that could make an outsize impact on each team’s season…

Florida at LSU – September 13

This is a guaranteed meltdown game. No matter the result, the losing team’s fanbase will lose its collective mind.

The fans of both these teams expect College Football Playoff contention. Because of the difficulty of the remaining schedules, the loser of this game might not be able to achieve that.

LSU will have already played Clemson and has Ole Miss, South Carolina, Texas A&M and Alabama upcoming. Holding serve at home in the SEC opener will be critical for the Tigers.

The week after they visit Death Valley, the Gators play at Miami. Then, after an open date, they play Texas at home and then at Texas A&M. That gauntlet will define Florida’s season, and if it doesn’t start with a win, it could go poorly.

There’s nothing like a Saturday night in Death Valley. The greatest atmosphere in college football gets even better when the pressure gets poured on both teams.

Illinois at Indiana – September 20

This won’t be a CFP elimination game. It’s far too early in the season for that. But it will match two potential CFP contenders, and the loser might not be able to reach 10 wins.

Illinois brings back most of the best parts of a team that went 9-3 in the 2024 regular season. Indiana, meanwhile, is going to be far from a one-year wonder under coach Curt Cignetti. The Hoosiers have some of the Big Ten’s most impactful players coming back after going 11-1.

Indiana’s schedule is harder this year, and the Hoosiers’ next two games are at Iowa and at Oregon. With a visit to Penn State still on the schedule, Indiana probably needs to go 2-1 in the Illinois-Iowa-Oregon stretch to be 10-2 or better.

Illinois will already have played Duke and still has Ohio State and a visit to Washington on the docket. This trip to Bloomington will be critical.

Auburn at Oklahoma – September 20

The Jackson Arnold Revenge Game will feature subplots aplenty, but it really comes down to this: Oklahoma and Auburn both expect a much better season than 2024, and both teams feel they should win this game.

I had this game on this list last season. It probably was the pivot point for Auburn, which collapsed following a crippling late interception to drop the second of four consecutive losses. The worst was still yet to come for Oklahoma, which suffered from subpar offensive line play and a receiver room riddled with injuries.

Auburn quarterback Arnold’s return to Norman is the dominant storyline, and it’s about as juicy as it gets. Former blue-chip recruit is hailed as the future of the program. Before he ascends to the starting job, the offensive coordinator leaves, the head coach makes a lazy hire and his season is torpedoed. Afterward, he’s cast aside to make room for a transfer (John Mateer) following the new offensive coordinator (Ben Arbuckle). Now Arnold has a chance to prove the Sooners wrong (or correct). Meanwhile, Mateer will face a defense led by one of the nation’s best edge rushers (Keldric Faulk).

Both teams will have played tough out-of-conference opponents before this game — Baylor for Auburn, Michigan for Oklahoma — but this game starts tough stretches for each team. Auburn’s next three games are at Texas A&M and then home against Georgia and Missouri. Oklahoma has an open date and then Kent State before the Texas game touches off possibly the toughest seven-game stretch in college football history.

Texas Tech at Utah – September 20

It’s tough to pick Pivot Point games in the Big 12 because so many of the teams feel evenly matched. But for Texas Tech’s offseason investment in the transfer portal pays off, the Red Raiders will need to be able to beat a team like Utah.

The Utes’ line of scrimmage players were recruited to win a Pac-12 that still included Oregon, Washington and USC, and if New Mexico transfer quarterback Devon Dampier can spark an offense that has struggled since Cam Rising injured his knee in the Rose Bowl following the 2022 season, then Utah should be capable of contending for the Big 12 title.

This game will match two of the league’s best rosters, and the winner will have a big head-to-head chip in its pocket come November.

Oregon at Penn State – September 27

This will be the first major test for a new-look Ducks team that had to replace first-rounders on both lines of scrimmage and veteran quarterback. Oregon can lose this game and still make the College Football Playoff, but this is the type of team Oregon will have to beat once in the CFP.

The same goes for Penn State, but probably with more urgency. The Nittany Lions did make the semifinals last season, but they did it by beating SMU and Boise State. If Penn State wants to win a national title, it has to start beating opponents with elite talent. This is that type of game. Plus, with road games against Iowa and Ohio State and a visit from Indiana later in the season, there is no guarantee that Penn State can afford to lose this one.

Alabama at Georgia – September 27

This game didn’t necessarily prove anything last season. Alabama jumped on Georgia early and then survived a furious comeback, but the Crimson Tide ended up missing the CFP and Georgia wound up winning the SEC.

The degree of difficulty of an Alabama win in Athens this season might be more indicative of a return to the CFP. With a new starting QB — we’re presuming Ty Simpson — this is a rough first SEC road game. (At least the Tide get the season opener at Florida State to work out any on-the-road kinks.) But if Simpson (or Keelon Russell, if it goes that way), can win between the hedges, he can win anywhere.

Meanwhile, Georgia will be coming off its SEC opener at Tennessee. A win in both could provide a huge confidence boost the rest of the way. Yes, the Bulldogs would still have to play Florida, Ole Miss and Texas, but they get the Rebels and Longhorns at home and haven’t lost to the Gators since 2020.

Boise State at Notre Dame – October 4

The Broncos don’t have to just win the Mountain West to get back to the CFP. They need to prove they can be competitive against a playoff-caliber opponent. Last year, Boise State’s loss at Oregon probably was more important than most of the Broncos’ wins because it showed they could go toe-to-toe against an elite roster. A win at Notre Dame would leave no doubt in that category.

The Fighting Irish have several tough early-season games (at Miami, Texas A&M), and this one ends a challenging early stretch. If Notre Dame comes out of it 5-0 or 4-1, the Irish probably are headed back to the CFP.

Michigan at USC – October 11

Last year’s meeting summed up much of what ailed both programs.

Michigan couldn’t throw, and USC couldn’t stop Michigan from scoring the winning touchdown even though everyone in the stadium knew Michigan couldn’t throw.

This meeting should provide a clear view of how — or whether — these teams have evolved.

Michigan will have played Oklahoma, Nebraska and Wisconsin. (The Nebraska game likely will be without head coach Sherrone Moore because of a school-imposed suspension.) We should know by this point how much of a difference freshman QB Bryce Underwood will make.

USC, meanwhile, will have three Big Ten games under its belt (Purdue, Michigan State, Illinois). It should be 2-1 at worst in those games, and a win against the Wolverines would put the Trojans in a great position heading into games at Notre Dame and Nebraska.

Louisville at Miami – October 17

The Hurricanes’ toughest games might come in the first month, but Notre Dame and Florida aren’t in the ACC. Miami can lose those games and still have a chance to make the CFP as the ACC champ (or possibly as an at-large). Louisville is a potential ACC title contender this year, but if Miami can beat the Cardinals it would put the Hurricanes in a good spot. Miami plays SMU but doesn’t play Clemson in the regular season, so beating Louisville on a Friday night could give the Hurricanes the inside track on an ACC title game berth.

Louisville plays Clemson and SMU in back-to-back weeks in November, so it might need to win this one to have a crack at the ACC title.

Nebraska at Minnesota – October 17

The last Nebraska–Minnesota game — Cornhuskers coach Matt Rhule’s debut in 2023 — was a prime example of the late-game collapses Rhule was hired to purge from the program. Two years later, Rhule seems to have made significant progress.

For Nebraska to take the next step, it needs to win games like this. Minnesota isn’t the sexiest opponent, but the Golden Gophers are tough, well coached and have beaten the Cornhuskers in the teams’ past five meetings.

Minnesota also wants to take another step. The Gophers closed last season by winning six of their last eight, and coach P.J. Fleck’s team should start this season hot. Minnesota should be 5-1 when Nebraska visits. With trips to Iowa and Oregon still on the docket, a win against the Cornhuskers could provide big momentum heading into a critical stretch.

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Nebraska basketball to open Hall of Fame Classic with New Mexico

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23 minutes ago

June 26, 2025

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Central Michigan University

MOUNT PLEASANT, Mich. – After six seasons of consistent success, and a historic 2025 season, softball Head Coach McCall Salmon has announced the promotion of Assistant Coach Sara Driesenga to Associate Head Coach effectively immediately. Driesenga, who has served as the pitching coach and as an assistant coach for every year Salmon has been […]

Published

25 minutes ago

June 26, 2025

Your Sports Nation

MOUNT PLEASANT, Mich. – After six seasons of consistent success, and a historic 2025 season, softball Head Coach McCall Salmon has announced the promotion of Assistant Coach Sara Driesenga to Associate Head Coach effectively immediately.

Driesenga, who has served as the pitching coach and as an assistant coach for every year Salmon has been leading the program, has become invaluable to the success of the Maroon & Gold during the recent stretch of achievements for Chippewa Softball over the last six seasons.

“I am thrilled to promote Coach Driesenga to Associate Head Coach” says Coach Salmon. “Her dedication, leadership and unwavering commitment to our program have made a lasting impact on both our players and staff. This promotion is a testament to her hard work, ability to inspire, and vision for our continued success. We are fired up to see how she continues to lead our pitching saff and impact our student-athletes daily.”

A standout pitcher for the University of Michigan and Hudsonville, Michigan native, has bred success in the circle for Chippewa pitchers that have since stamped their names in the Central Michigan Softball record book.

Grace Lehto, a 2024 graduate of the program, who pitched for four seasons under the leadership of Driesenga, was named First Team All-MAC twice, earned Second Team honors once, and was named to the Mid-American Conference All-Tournament in 2022.

Lehto, who ended her career with 567 strikeouts, ranks third in program history in that category. Under Driesenga, Lehto made 131 appearances in the circle, third best in program history, collect the ninth most wins in a career with 50, charted a second best six saves, threw 61 complete games, seventh most in program history, and her 623.3 innings pitched, and the fifth most by any pitcher in Central Michigan Softball history.

Against Bowling Green, April 26^th of 2023, Lehto threw the most recent no-hitter in program history.

“I am so thrilled for Coach Sara in her new role; nobody is more deserving than her. When I was recruited to play at CMU, I was so excited to have the opportunity to learn from and be coached by one of the most legendary pitchers in our game.” Says Lehto.

“Little did I know the impact that Coach Sara would have on not only my athletic career as a pitcher at Central Michigan, but on my life. Her mentorship made me a better pitcher in so many ways; she knows the game of softball from every angle. She is so intelligent and creates an individual relationship with each pitcher to help them achieve their full potential. Her mentorship has also led be to be a better teammate, friend, sister, human. I am so fortunate to have been coaches by Sara, she has had a forever impact on my life, and I am so grateful I know call her a friend for life.”

In the last six seasons leading CMU, the Chippewa pitching staff under the direction of Driesenga has been consistently thriving in the statistical categories.

CMU has held opponents to a .289 batting average in the last six seasons combined, sixth best in the league, and ranks fourth in both strikeouts (1312, 218/season) and .63 strikeouts/hit allowed. The 218.7 strikeouts per season, is also fourth best in the conference.

In the 2025 season, Mackenzie Langan was named First Team All-MAC as a right-handed pitcher for the Chippewas.

Langan posted a 2.94 ERA in her junior season, and a 2.03 ERA in MAC play. Her total ERA for the season was third best in the MAC, and holding her opponents to a .261 batting average, she held the sixth best spot in the conference. Langan collected 13 wins in the 2025 season – fifth best in the MAC and tossed 11 complete games with six shutouts.

For the latest news and updates on CMU Softball, follow the team on X (@cmusoftball) and Instagram (@cmichsoftball).

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As House v. NCAA settlement goes into effect, cheating likely to persist

We’ve heard change is coming. In a few days, the House v. NCAA settlement goes into effect. College sports will then enter a new era with significant changes in financial compensation for athletes. But don’t be too concerned about all the impending changes. Some things won’t change. There will still be pageantry, rabid fan bases, championship […]

Published

26 minutes ago

June 26, 2025

Your Sports Nation

We’ve heard change is coming.

In a few days, the House v. NCAA settlement goes into effect. College sports will then enter a new era with significant changes in financial compensation for athletes.

But don’t be too concerned about all the impending changes. Some things won’t change. There will still be pageantry, rabid fan bases, championship games and, of course, cheating.

That won’t go away. The old saying in college sports is if you ain’t cheating, you ain’t trying. Whether it be football, basketball, baseball or probably anything else, colleges will all be “trying.” Some just try harder than others.

Texas A&M Director of Athletics Trev Alberts acknowledged as much earlier this week when discussing the upcoming changes brought on by the settlement.

“Are we ever gonna stop (somebody) from taking a brown paper bag of money and giving it to a player?” Alberts asked rhetorically. “We can’t.”

Those who live in a Utopian world with unicorns may wonder if that would be the case. After all, college programs now have $20.5 million to share with athletes. Why cheat, then?

Anybody who’s ever taken a job for more money knows the answer. And throughout the history of college football, there has always been a bag man lurking in the shadows to offer more money.

An extra $10 grand — or much more — on the side might convince a recruit or transfer which program to join.

The guess here is that most illegal activity will be done under the guise of Name, Image & Likeness (NIL). A few years ago, the Supreme Court ruled that athletes can profit from NIL. Many have and still will.

Kay Naegeli, TexAgs

On Monday, Trev Alberts told the media that Texas A&M will fully fund 410 scholarships for the 2025-26 academic year, an increase from 255.20.

Business-owning boosters have offered big money for endorsements from star athletes. There’s nothing illegal about that.

However, under the House settlement, the accounting firm of Deloitte will act as an independent clearinghouse to ensure NIL deals represent fair market value.

But what if Oregon decides it needs a quarterback? What’s stopping Nike Chairman Phil Knight, a wealthy Oregon booster, from extending a seven-figure endorsement deal to a prospect? Who’s to say that’s fair market value for a Nike commercial?

That might not even be against the rules. But what if Auburn approached Apple CEO Tim Cook, an Auburn grad, about a similar deal and offered to fund it?

A university official contacts a big business, such as American Express or General Motors… You get the idea. The official asks the business to offer a player $1 million endorsement deal. The university then offers to funnel the $1 million to the company.

No doubt, even more creative ways will be schemed to move money under the table. Alberts knows this.

“Our culture in college athletics is ‘tell me the rules so I can get busy working on a strategy to circumvent them,’” he said. “We’re never going to get where we need to go in college athletics if we don’t recognize that.

“If there’s anything that should have taught us that it’s the unregulated market of the last three or four years. Everybody wants to be governed. We just want to make sure other conferences are governed, too.

“But will there be ways around it? Will there be people that test it? Absolutely?”

Alberts said there will be harsh penalties for violators. He said a new breed of diligent NCAA investigators will be waiting to identify and punish programs and coaches who break rules.

– Director of Athletics Trev Alberts

We’ve heard that before, right? The old NCAA wasn’t hesitant to deal out punishment. It’s just that the severity of punishments seemed to change depending on the offender.

Remember the line from old UNLV coach Jerry Tarkanian? “The NCAA is so mad at Kentucky that they’re going to give Cleveland State two more years of probation.”

Need an example closer to home? In 1994, the NCAA ruled that some Texas A&M football players were paid for work that wasn’t done in a summer construction job. Never mind that other workers who were not athletes were also paid.

That didn’t matter to the NCAA, which banned A&M from competing for the Southwest Conference championship or playing in a bowl game. The Aggies, by the way, were undefeated that season.

Fast forward a dozen years. In 2006, Oklahoma quarterback Rhett Bomar, offensive lineman J.D. Quinn and a walk-on were found to have been paid for work not performed by a Norman car dealership.

Oklahoma received a public reprimand and lost two scholarships for the 2008-09 and 2009-10 seasons.

Alberts acknowledged that there cannot be similar disproportionate punishments moving forward.

“I will tell you — and I pray that it’s not Texas A&M, and we’re working hard to make sure it’s not —but you’re going to have to have a ‘brand’ school get a penalty that’s significant and it sticks,” Alberts said. “And you may have to do it more than once.”

Is Alberts really suggesting higher-profile programs be held to the same standard and face the same sanctions if caught cheating?

That would be nice for a change.

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Report: Florida State overcomes Miami, lands two-sport WR from South Florida

Charlie Ward is smiling somewhere, seeing Florida State’s newest commitment as 4-star WR and two-sport athlete, Jasen Lopez, committed to Florida State on Thursday in a post from On3’s Hayes Fawcett. Lopez will also play basketball, he announced in his commitment, which would make him the second two-sport athlete on Florida State’s football team, along […]

Published

46 minutes ago

June 26, 2025

Your Sports Nation

Lopez plays high school football at South Florida powerhouse Chaminade-Madonna and won Broward County Player of the Year after playing football and basketball in his junior season.

Miami was thought to be the favorite for Lopez as the Hurricanes received his final official visit, but Mike Norvell, head basketball coach Luke Loucks and wide receiver coach Tim Harris Jr. found a way to bring him to Tallahassee. The athletic department has not been afraid of bringing in multi-sport athletes and Lopez joins a long list of Seminoles to play two in two different vocations.

According to 247Sports, is 5’10’’ 165 pounds and the 252nd player in the country in their composite rankings.

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Ohio State football fans must get used to selective NIL usage

NIL has changed the way college football is being played. The Ohio State football program has tried to navigate the changes the best that it can, but they are still going through some growing pains as well. That has only intensified after the House Settlement. Now that there is an actual budget set for athletic […]

Published

1 hour ago

June 26, 2025

Your Sports Nation

Now that there is an actual budget set for athletic departments, the Buckeyes have to be very selective on who they use their NIL money on. So far, a lot of their money has been used to retain players who have been on the roster already. They decided to use the money to keep Jeremiah Smith, Caleb Downs, and others.

The Ohio State Buckeyes might be going a little cheap when it comes to using NIL on recruits, but this is something that Ohio State football fans are going to have to get used to, bexcause this is clearly a philsophy that Ryan Day is going to keep moving forward.

The Ohio State football team will keep using NIL on players who are already on the roster

There are very few recruits that come out of the high school ranks every year that the Buckeyes will look to use large sums of NIL money on. Smith was one of them a couple of years ago. Felix Ojo might be one this season. Those kinds of recruits are far and few to be found.

Ohio State believes that the best approach to NIL is to keep the guys they have on the roster happy and playing well. The top priority for a recruit can’t be the amount of NIL money they are going to get. If that is their top priority, Day won’t pursue them any further.

This is something fans are going to have to get used to moving forward. Once a couple of years of the new rules have passed, fans will be used to it.

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