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Two college football programs involved in historic NIL lawsuit

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Two college football programs involved in historic NIL lawsuit

A Big Ten Conference program and its NIL collective filed a historic ‘first of its kind’ lawsuit this week alleging one of its rivals broke the law in poaching one of its players

Wisconsin Badgers and Miami Hurricanes
The Wisconsin Badgers and the Miami Hurricanes are set to go head-to-head in potentially their biggest battle yet

Wisconsin is suing Miami for alleged “tortious interference” by knowingly compelling a player to break the terms of his deal to join the Hurricanes earlier this year.

In what has been described as a “first of its kind” lawsuit due to the Badgers’ attempts to involve courts in the honoring of a financial deal between a university and an athlete, the player in question has only been named as “Student Athlete A”. However, details from the lawsuit reportedly line up with the offseason manoeuvrings of freshman defensive back Xavier Lucas.

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It comes as Notre Dame prepares to play its first-ever college football game at an iconic NFL stadium when it takes on Wisconsin in the 2026 Shamrock Series. Before then, however, the Fighting Irish will line up against Miami to open the 2025 campaign, although head coach Marcus Freeman insists they will not change their preparation despite facing their fierce rivals.

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The Hurricanes, however, currently have much bigger things on their minds now that they are being taken to court by Wisconsin, which has accused them of sending a staff member and “prominent” alum to meet with Lucas and his family in Florida back in December, ESPN reports.

Whilst there, the Badgers state that their college football rivals offered the player financial compensation to head to the ACC school, despite knowing of the two-year revenue-sharing contract he’d signed with Wisconsin – due to start July 1, according to Yahoo – not long before.

Lucas would eventually leave Wisconsin and enrol at Miami in January, claiming that Badgers staff refused to enter his name in the transfer portal in December. He tallied 18 tackles across 11 games for the Badgers last year.

Xavier Lucas
The lawsuit is reportedly in line with the maneuverings of former Badgers freshman defensive back Xavier Lucas

The cornerback, who is considered one of the top transfers in his position in this year’s class, still intends to play football for Miami in the 2025 season. That’s according to his attorney, Darren Heitner, who confirmed to ESPN that the athlete is not being sued directly.

Taking to X (formerly Twitter) in January, Heitner claimed that Wisconsin violated NCAA rules by not placing Lucas in the transfer portal and that the school had “not paid any monies to him and so he owes no reimbursement to the Institution.”

Wisconsin, however, had hoped to “advance the overall integrity of the game” by deciding to file the lawsuit, making a point of “holding programs legally accountable when they wrongfully interfere with contractual commitments,” according to the complaint.

“While we reluctantly bring this case, we stand by our position that respecting and enforcing contractual obligations is essential to maintaining a level playing field,” Wisconsin said in a statement to ESPN on Friday.

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The lawsuit alleges that Wisconsin’s revenue-sharing deal prohibits a player from transferring to another school to continue playing sports, although ESPN noted that similar Wisconsin contracts make it clear the individual is not being paid to play football, but rather compensated for NIL.

Nonetheless, the Big Ten is supporting its conference members’ efforts in court, revealing in a statement to On3: “The Big Ten Conference is aware of the litigation recently filed by the University of Wisconsin-Madison against the University of Miami and is supportive of UW-Madison’s position.

“As alleged, the University of Miami knowingly ignored contractual obligations and disregarded the principle of competitive equity that is fundamental to collegiate athletics. The Big Ten Conference believes that the University of Miami’s actions are irreconcilable with a sustainable college sports framework and is supportive of UW-Madison’s efforts to preserve.”

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Desmond Howard reacts to Kyle Whittingham hire at Michigan: ‘Best hire of this coaching cycle’

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Michigan’s two-week coaching search came to an end Friday as the Wolverines announced Kyle Whittingham would take the role. The reactions are starting to pour in, and UM legend Desmond Howard also spoke about the hire.

Howard has spoken with Whittingham multiple times on ESPN’s College GameDay. The show most recently went to Utah this past year, and Whittingham was part of the festivities ahead of the Utes’ game against Cincinnati.

In a statement Friday night, Howard had high praise for Whittingham and what he can do at Michigan. He also said the Wolverines landed perhaps the top coach in the cycle.

“I want to congratulate the University of Michigan leadership, especially Warde Manuel, for navigating a challenging process and coming away with what I truly believe is the best hire of this coaching cycle,” Howard said. “I’m extremely excited about Coach Whittingham leading Michigan. If you had asked me prior to this to name my favorite head coaches in the sport, his name would’ve been one of the very first I mentioned. He’s exactly what Michigan needs right now.

“Coach Whittingham commands immense admiration across college football, from the media to fellow coaches, and anytime his name comes up among my peers, the sentiment is unanimous: respect. He’s your favorite coach’s favorite coach, and that says everything.”

Whittingham is signing a five-year deal at Michigan, and ESPN reported his salary is at $8.2 million on average. He also will not coach Utah in the Las Vegas Bowl next week. Instead, the expectation is he will head to Orlando to meet with Michigan ahead of the Citrus Bowl.

Kyle Whittingham ‘honored’ to take over at Michigan

Kyle Whittingham replaced Urban Meyer as Utah head coach in 2005 and amassed a 177-88 overall record at the helm – the most wins in Utes history. He initially joined the program in 1994, starting out as defensive line coach ad becoming the Utes’ defensive coordinator in 1995. When Meyer left for Florida in 2005, Whittingham took over as head coach.

Although he announced he’d step down as Utah coach, Whittingham made it clear he wasn’t necessarily done coaching. Now, he’ll prepare to head to Ann Arbor and take over a Michigan team which underwent a major shakeup this month when Sherrone Moore was fired for cause Dec. 10.

“We are honored to lead the outstanding student-athletes, coaches, and staff who represent Michigan Football each day,” Whittingham said in a statement. “Michigan is synonymous with tradition and excellence – both on the field and beyond – and our entire program is committed to upholding those values while striving for greatness together.

“My family and I are thrilled to join the University of Michigan community, and we look forward to helping our players grow, develop, and reach their highest potential – on the gridiron, in the classroom, and as leaders. It’s a privilege to be part of something that inspires pride in every Wolverine fan. Go Blue!”



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Utah AD Mark Harlan releases statement on Kyle Whittingham leaving for Michigan

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After spending 21 seasons as Utah‘s head coach, Kyle Whittingham will be leading a new program next fall: Michigan. On Friday, the school announced the hire of Whittingham. While the 66-year-old is excited for the next chapter of his career, he won’t forget the memories he made at Utah.

“I am grateful to our administration, staff, players, and coaches for their commitment, trust, and hard work throughout the years,” Whittingham said in a prepared statement. “This university and football program mean a great deal to me, and I am proud of what we have built together. I appreciate the support from the University of Utah allowing me to step away at this time. I also want to thank our fans. Your loyalty, passion, and support have been second to none.

“Whether at Rice-Eccles Stadium or representing Utah across the country, you have made this time special and created memories that will last a lifetime. Utah will always hold a special place in my heart, and I wish Coach Scalley and the program a smooth transition and continued success moving forward. Thank you for everything.”

Whittingham signed a five-year contract with Michigan that will pay him an average of $8.2 million per year. Whittingham’s contract is also 75% guaranteed, which means his 2026 salary is expected to be $8 million.

It’ll be an unfamiliar environment for Whittingham. During his tenure at Utah, he led the program to a 177-88 overall record and three conference titles. He was named the Pac-12 Coach of the Year twice and the Mountain West Coach of the Year once.

Before the Michigan job became available, Whittingham had already announced he was stepping away from Utah at the end of the 2025 campaign. Utah athletic director Mark Harlan expressed his gratitude to Whittingham for all he accomplished at the school.

“The University of Utah is grateful for Coach Whittingham’s incredible contributions over his long tenure at the university, and we wish him and his family all the best with this next step in his career,” Harlan wrote. “After discussions with Coach Whittingham, his representatives and the University of Michigan, we have granted their request to allow him to join the Michigan program immediately.

“Morgan Scalley is fully prepared to take over leadership of the Utah football program, and we join him in keeping our focus on our team, and supporting our student-athletes through this final game of the 2025 season at the Las Vegas Bowl on Dec. 31.”

Utah posted a 10-2 overall record this season and finished 15th in the College Football Playoff rankings. Kyle Whittingham will look to lead the Wolverines to similar success.



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College football program unexpectedly to be without head coach for bowl game

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The college football coaching carousel is causing some dysfunction in the final days of December, especially after one program arrived late to the party.

Earlier this month, Michigan came out of nowhere with the news of the offseason, firing head coach Sherrone Moore for cause. The Wolverines moved on from Moore due to an inappropriate relationship with a female staffer.

That left one of the most prestigious programs in the country without a head coach shortly after the Early Signing Period concluded. Michigan has been on a coaching search since then, but the pool has thinned, with most candidates hired by other schools.

The Wolverines have finally found their man, and the move came at the expense of a team set to play in a bowl game in less than a week.

Kyle Whittingham Won’t Coach Utah In Bowl Game

Michigan officially announced the hiring of Utah head coach Kyle Whittingham on Friday evening. According to ESPN, Whittingham signed a five-year deal averaging $8.2 million per season, including $8 million next year.

Whittingham coached the Utes for the last 21 years. He was promoted to head coach ahead of the Fiesta Bowl in 2004, replacing Urban Meyer, who was hired away by the Florida Gators. Whittingham led the program to a 177-88 overall record and 11 postseason victories.

Along with accumulating the most wins in program history, he’s won numerous Coach of the Year honors and guided Utah through three different conferences. In 2025, the Utes compiled a 10-2 record and qualified for the SRS Distribution Las Vegas Bowl.

Utah Utes head coach Kyle Whittingham

Utah Utes head coach Kyle Whittingham | Rob Gray-Imagn Images

Whittingham’s swift departure means he won’t have the opportunity to coach in Utah’s final game of the season. Per ESPN’s Pete Thamel, the longtime head coach is headed to Orlando to begin his duties with the Wolverines. Michigan takes on Texas in the Cheez-It Citrus Bowl on December 31.

That’s the same day Utah is scheduled to kick off against Nebraska in Las Vegas. Whittingham has already notified his players of the decision.

In a statement, Utah athletic director Mark Harlan declared that defensive coordinator and safeties coach Morgan Scalley would assume the role of head coach. Scalley was named the program’s head-coach-in-waiting leading up to the 2024 season.

Scalley was a finalist for the Broyles Award in 2019, which goes to the top assistant in college football. He’s guided multiple top defenses at Utah and has been with the program in various positions since 2007.

Read more on College Football HQ

• College Football Playoff team loses key starter to NCAA transfer portal

• College Football Playoff team loses former starter to transfer portal

• College Football Playoff team has taken 3 major hits in trenches via transfer portal

• College football team set to be without nearly 20 players for upcoming bowl game



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Four-star WR Brady Marchese requests release from Michigan Football

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As first reported by On3’s Hayes Fawcett on Friday afternoon, 2026 four-star wide receiver signee Brady Marchese has requested a release from his national letter of intent with the Michigan Wolverines.

The Georgia native flipped from the hometown Georgia Bulldogs to Michigan during the early signing period earlier this month. Marchese is the third 2026 class member to do so following the firing of head coach Sherrone Moore, as he joins four-star tight end Matt Ludwig and three-star offensive lineman Bear McWhorter to ask out of their letter of intent.

The Wolverines now have just two wide receivers left in the incoming freshman class — four-star Travis Johnson and three-star Jaylen Pile.



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Michigan Announces Hiring of Utah Legend Kyle Whittingham As New Head Coach

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Michigan has found its next head coach, as the Wolverines are hiring former Utah Utes coach Kyle Whittingham to a five-year deal, per Yahoo Sports and ESPN.

Michigan athletic director Warde Manuel later confirmed the move in a statement announcing the hire of Whittingham as the school’s 22nd head football coach.

“Kyle Whittingham is a well-respected and highly successful head coach who is widely recognized as a leader of exceptional character and principled leadership,” Manuel said Friday. “Throughout our search, he consistently demonstrated the qualities we value at Michigan: vision, resilience, and the ability to build and sustain championship-caliber teams. Kyle brings not only a proven track record of success, but also a commitment to creating a program rooted in toughness, physicality, discipline and respect — where student-athletes and coaches represent the university with distinction both on and off the field. We are excited to welcome Kyle to the University of Michigan family as he takes the helm of our football program.”

The new pact is 75% guaranteed and includes an average of $8.2 million per year, with Whittingham expected to make an $8 million salary in 2026, according to ESPN.

Whittingham announced earlier this month his plans to step down after Utah’s bow game vs. Nebraska – the Las Vegas Bowl is set for Dec. 31 – following his multi-decade tenure with the program. But he joked at the time that he wasn’t retiring and instead merely entering the transfer portal. With the actual transfer portal opening up on Jan. 2 and Michigan still without a head coach, the timing of the hiring worked out for both parties.

Whittingham will be leaving Utah to be at the Citrus Bowl, where Michigan will play against Texas, according to FOX Sports’ Bruce Feldman.

[What’s Next: 3 Priorities for Kyle Whittingham, Reportedly Michigan’s New Coach]

“I am grateful to our administration, staff, players, and coaches for their commitment, trust, and hard work throughout the years,” he wrote in a statement. “This university and football program mean a great deal to me, and I am proud of what we have built together. I appreciate the support from the University of Utah allowing me to step away at this time.

I also want to thank our fans. Your loyalty, passion, and support have been second to none. Whether at Rice-Eccles Stadium or representing Utah across the country, you have made this time special and created memories that will last a lifetime.

Utah will always hold a special place in my heart, and I wish Coach [Morgan] Scalley and the program a smooth transition and continued success moving forward. Thank you for everything.”

The 66-year-old Whittingham began his coaching career as a graduate assistant at BYU in 1985 after playing as a linebacker in college for BYU before a brief stop in the NFL with the Los Angeles Rams in 1987. He also played in the United States Football League and Canadian Football League before devoting himself entirely to coaching. He served as the defensive coordinator for Eastern Utah, the special teams and linebackers coach for Idaho State before becoming the defensive coordinator in 1992. He then joined Utah’s coaching staff as the defensive line coach in 1994 and moved on to defensive coordinator before becoming the head coach in 2005.

Whittingham has a 177-88 lifetime record in the NCAA, and the Utes were 11-6 in bowl games during his time leading them. He brought Utah the Mountain West Conference championship in 2008, back-to-back Pac-12 championships in 2021 and 2022 and four Pac-12 division championships in 2015, 2018, 2019 and 2021. Whittingham received Coach of the Year honors in both the Mountain West and the Pac-12 and is the all-time leader in wins for Utah.

Utah’s athletic director Mark Harlan later praised Whittingham’s run and acknowledged the program is “fully prepared” to transition to Morgan Scalley, who was promoted on Dec. 13 after 10 seasons as defensive coordinator.

“The University of Utah is grateful for Coach Whittingham’s incredible contributions over his long tenure at the university, and we wish him and his family all the best with this next step in his career. After discussions with Coach Whittingham, his representatives and the University of Michigan, we have granted their request to allow him to join the Michigan program immediately.

Morgan Scalley is fully prepared to take over leadership of the Utah football program, and we join him in keeping our focus on our team, and supporting our student-athletes through this final game of the 2025 season at the Las Vegas Bowl on Dec. 31.”

“Kyle Whittingham is exactly what Michigan needs as a program right now,” FOX Sports College Football Analyst Robert Griffin III posted to X in reponse to the news. “Runs a disciplined program with an edge to it. Is a defense first coach who will play complimentary football. Eager to prove he isn’t done winning. Sounds like what Michigan itself needs.”

The Wolverines – who have had nine different head coaches, including interim coaches during Whittingham’s tenure with Utah – had been targeting Whittingham surely because of his continued success with Utah, whether in the Mountain West, Pac-12 or Big 12. There’s also his ability to build Utah into a strong program, despite a lack of relative resources compared with bigger football schools, like the one he’s now taking over.

Michigan’s previous coach, Sherrone Moore, was fired for cause on Dec. 10 following an investigation about an inappropriate relationship with a staff member. Following his firing, Moore was charged with three crimes, including home invasion. 

“U-M head football coach Sherrone Moore has been terminated, with cause, effective immediately,” Manuel said in a statement. “Following a University investigation, credible evidence was found that Coach Moore engaged in an inappropriate relationship with a staff member. This conduct constitutes a clear violation of University policy, and U-M maintains zero tolerance for such behavior.”

Moore, who was in his second season with Michigan, was suspended for two games in 2025 as part of self-imposed sanctions for NCAA violations related to an advanced scouting scandal. The NCAA added a third game to the suspension, which was to keep Moore off the sideline for next year’s opener against Western Michigan. Moore previously deleted his entire 52-message text thread on his personal phone with former staffer Connor Stallions, who led the team’s sign-stealing operation for the program. The texts were later recovered and shared with the NCAA.

The Associated Press contributed to this report.

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ACC team’s NIL provision could punish athletes for others’ disclosure of deals

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The NIL era of college athletes is constantly changing and evolving. Sometimes, the terms of NIL situations change based on new understandings, and sometimes, they change because existing terms simply aren’t sustainable.

One critic of the NIL contracts at North Carolina State has raised a substantial issue. Attorney Darren Heitner, as shared by Sports Business Journal. raised a substantial NIL issue about the Wolfpack in a recent social media post.

Heitner noted that in reviewing NC State’s NIL agreement, he was concerned by a provision under which “athletes are liability for confidentiality breaches by the own reps” including parents, agents, and attorneys. More specifically, under the provision, athletes could lose up to 50% of payment if terms are disclosed. This provision exists despite, as Heitner notes, athletes having “no control over third parties.”

Heitner concluded his analysis by noting, “Universities shouldn’t be drafting one-sided provisions that penalize students for others’ actions.”‘

The veil of secrecy around NIL is very clear and obvious. It is perhaps unsuprising that the players themselves are contractually barred from discussing terms of NIL arrangements. After all, student-athletes have not broadly been allowed to unionize and there’s doubtlessly some concern among schools that if moe information is freely available, athletes will play schools off of each other on the respective deals.

But the potential to hold athletes fiscally responsible for disclosures by third parties is an unusual provision. Given the two-way relationship between athletes and agents, that particularly issue might even be plausible. Buf saying that if an athlete’s parents reveal some aspects of an NIL deal, the athlete might forfeit half of the slated pay is indeed a confusingly draconian proposal.

This is particularly interesting in light of the House requirement that athletes are required to disclose NIL deals that have a value exceeding $600. Based on the House case, athletes are required to disclose deals even if the deals otherwise would be subject to non-disclosure language. Accordingly, the mandated legal requirements on athletes could already run afoul of non-disclosure provisions, which would seem to further make NC State’s penalty for disclosure even more questionable.

Advocates of NIL revision consistently suggest that a single binding framework will help overcome inconsistent issues across various states and schools. Apparently, one of the issues that might be legislated is this potential responsibility against an athlete for third-party disclosure.





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