Name, Image and Likeness (NIL)

In June 2021, the National Collegiate Athletic Association (NCAA) adopted an interim policy that, for the first time, enabled college athletes to profit from the use of their name, image and likeness (NIL). The policy quickly changed the dynamics of NCAA athletics and is a highly evolving area of the law.

McNees’ team is staying up to date on NIL and is prepared to support clients’ legal needs. We have assembled a group of attorneys experienced in their respective fields to provide comprehensive advice. This allows our clients to leverage McNees’ collective experience in intellectual property, higher education, corporate and tax and data protection. We take a solutions-oriented approach and provide our clients with dedicated attention to develop an NIL strategy that meets their goals.

Our experience combined with established connections within college athletics, higher education and business community allows us to help clients effectively navigate challenges and proactively identify opportunities as the NIL industry continues to expand and evolve. We advise clients on:

- Higher education NIL policy
- Endorsement and social media influencer agreements
- Intellectual property protection including licensing, copyrights, trademark registration, and patents
- Advertising, promotions and sponsorships
- Tax and estate planning
- NIL collectives
- Labor and employment, including the Fair Labor Standards Act (FLSA)
- Merchandise manufacturing and agreements
- Acquisition of sports properties
- Compliance with Federal Trade Commission (FTC) endorsement guidelines
- Communications, media rights, and broadcasting
- E-commerce and internet law
- Compliance with international privacy and data security regulations and data breach response
- International business transactions