NIL Hour: EA v. Brandr; SDSU & The MWC; NYS NIL Bill Signed

Conduct Detrimental: THE Sports Law Podcast

Tarun, Mike, and Holly are joined by Maddie Salamone to dive into the latest in the NIL world.

Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (⁠⁠⁠@tksharmalaw⁠⁠⁠), Mike (⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠⁠⁠⁠⁠⁠⁠), and Holly (@SlamDunkSummers) are joined by Maddie Salamone (@madsal15) who is a former DI SAAC chair and currently on the board of the College Football Players Association.

Federal Judge denies Brandr's motion for temporary restraining order against EA Sports. (2:06) Many believed that Brandr had an uphill battle with this suit, but this was the tipping point in favor of EA Sports that may show how the rest of this lawsuit will proceed. Maddie gives insight into the future of athletes' involvement with video games and licensing deals. Maddie also believes that this lawsuit at the very least shined a light onto what EA Sports was doing and preventing them from taking advantage of athletes' NIL rights.

Maddie is a former Division I SAAC chair and gives insight into the letter that SAAC sent to congress a few weeks ago. (18:18) As we discussed on that episode, the letter was very NCAA favored and was out of the realm of what SAAC advocates for and focuses on.

San Diego State University is leaving the Mountain West Conference; maybe. (26:13) SDSU was required to provide a one-year notice to the MWC if they were planning to exit the conference. The deadline was June 30, 2023. There were six letters that were sent back and forth between SDSU and the MWC in which it appeared that SDSU was going to be leaving the conference. However, the sixth and final letter was sent at 11 p.m. on June 30 stating that SDSU was not leaving the conference and that was their final decision. However, the MWC stated that SDSU had already provided their notice for withdrawal from the conference. With the exit comes a $17M exit fee due by July 1, 2024, when they officially leave the conference. The MWC also stated that they would be keeping the $6.6M revenue sharing check that was due to SDSU, as a first payment of the $17M exit fee. The next MWC meeting is July 17 and SDSU will not be able to attend. A decision on SDSU future in the conference will most likely be made at that meeting.

NYS Governor Hochul has signed the NIL bill amendment into law. (35:03) NYS joins Texas, Arkansas, and others in passing an NIL law that protects state schools from NCAA or Conference punishment for being involved in NIL deal, i.e., facilitating and working with collectives and boosters. This comes on the heels of the NCAA submitting a memo regarding schools needing the follow NCAA bylaws and not state laws. Maddie gives insight into the future of NIL and schools' involvement and where it goes from here.

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Hosts: Dan Wallach (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@WallachLegal⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) | Dan Lust (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@SportsLawLust⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠)

Producers: Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠⁠⁠⁠⁠⁠⁠⁠)

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