August 18, 2025 • 45 mins
This case is more than about scholarships. It was about athletes' rights. We move from foundation to framing. What are we building?
Tune in to find out!
Tune in to find out!
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:10):
There was a time people counting leave out. But then me,
I'm move inside out. I got to know and.
Speaker 2 (00:24):
Know what they say, but what I believe that God's
my day.
Speaker 3 (00:32):
I don't be you to bother me.
Speaker 1 (00:36):
I know who I help.
Speaker 2 (00:39):
I'm created that be and I'm to reflect what my
eyes did to see all the bigness eyephoass and this persibility.
Speaker 4 (00:58):
Know what I see? Pad shut should I get a read?
Speaker 3 (01:14):
There is no time really spend for the outside door
and in the better window, bad.
Speaker 4 (01:25):
Boys. The insults still isself paid de editions of cans.
They all these simple my bead bye something not take
your mind the play. You'll buy your pleas and think
you one by.
Speaker 1 (01:44):
This plan head we have died all with Then that's
nine neither street.
Speaker 5 (01:57):
Sh Welcome, Welcome, Welcome to another segment of Seek Elevation
with yours truly attorney l Akisha. Yes, I'm an attorney,
but I may not be your attorney. So if I
(02:18):
talk about any legal information, which I will with this nil.
Speaker 6 (02:23):
Four part series, I am not giving you legal advice.
I'm giving you legal information to take with it and
learn more. I will have to know your specific situation
in order to give you legal advice, and since I don't,
i'm not, but hopefully I give you confidence in my
(02:44):
knowledge and my expertise as I do give this information.
So we are now on segment two of Power Plays
the NIL Era and College Sports.
Speaker 3 (02:57):
This is a four part series.
Speaker 6 (02:59):
If you're just tuning in for the first one, so
please go back and listen to episode one, because each
segment is going to build upon the other. But right
here we're talking about NIL now. But there's so many
different things we talk about because on Seek Elevation is
where real issues and real people and real conversations takes
(03:20):
in a stage. We will talk about things from sports
and entertainment to business and community, but we elevate voices
that need to be heard. Sometime it's mine and sometime
it's others. But we don't just come here to hear
these voices to hear the information. We come here to
be empowered, to be inspired, to be elevated. And we
(03:41):
also come here to challenge the status quo because we
do know that change does not happen in silence. But
also change doesn't happen by just talking about it. We
have to do something about it. So with that said,
in that out the way. I want us to go
(04:02):
ahead and get into a segment two these four part series.
I'm gonna keep it nice and digestible, like I said,
because this NIL is it is a very complex, in
dense topic.
Speaker 3 (04:17):
There is a lot to learn.
Speaker 6 (04:19):
There's a lot that has happened within a very short
period of time. But there is a way to just
take out parse out the information that you do need
to know. If you're someone that is representing athletes, it
is important to understand at least the basics of NIL,
not just you know, I did sports and I'm interested
(04:40):
in representing athletes. Just like any industry, there's jargons, there's
you know, certain words that said, there's certain information that's known,
and if you say those words or you're able to
converse in that information, then you are definitely respected more so,
that's if you're representing an athlete. If you are an athlete,
(05:01):
you definitely want to know this information because you want
somebody to respect the fact that you're not just about
play or run or jump or throw. You're also about
your business. So just learning this information is going to
help us. It is necessary because we're here now, this
is where we're at and I don't see it reversing.
(05:24):
Don't know how it's going to evolve. We'll talk about
that in segment four, but do know that it is
going to absolutely involve. So the first segment we talked
about pretty much just the foundation. We went back and
we covered a little bit of the history of name,
image and likeness, something that's not new to business at all,
(05:45):
but that has caught on as far as being a
trendy way of saying whatever we want to say for
athletes to get paid now in college sports, but nil, name,
image and likeness is how we do business. Athletes finally
got their rights, but we got a long way to go.
(06:06):
So we talked about that foundation. Now we're gonna talk
about the framing of it. Right, So if you didn't
hit a foundation, please please please go back. You need
to listen to that again, especially if you want to
show some type of power in whatever position you're in.
Get that foundation. Now we're going to talk about the framing.
(06:27):
And I didn't mention earlier when I introduced myself that
I'm an attorney, but I'm also a former collegiate athlete.
I competed on a Division one NCAA level Power five school,
a coach as well on elite level as well.
Speaker 3 (06:42):
So I get it. I get it. I get it
from different angles of diversity.
Speaker 6 (06:47):
So all right, So our key focus today we're going
to talk about is the overview of NIL development post
twenty twenty one. That's when a lot of traction started happening,
you know. So let's just back up a moment. We
talked about O'Bannon, right, you remember O'Bannon. Those who actually
watched it indoor, watched the replay, or heard the podcast
(07:10):
because that has been uploaded. Those who have heard it,
they know about the Obandon case. I'm not going to
go through the details of it, but we know that
the Obannon case, like put some cracks into everything, kicked
the door wide open, not wide open, a little bit open,
cracked some floors and walls, and it challenged the use
(07:30):
of athletes, likenesses and video games. We've talked about a
little bit. There was a lot of other challenges, but
this specifically talked about the video games without their consent
and without compensation. Yes, that case was more than about
pixels when he seen the game, it was about principle
and that helped the trajectory It helped athletes get the
(07:55):
right language to kind of move forward. But there was
some things that was also, you know, just said in
that case as well. It was a it was a
win because it helped, you know, athletes get paid in
a non traditional way by increasing the cost of attendance.
Speaker 3 (08:11):
But that gave them their push, That really gave them
their push.
Speaker 6 (08:15):
But in that case it did the NCAAA did get
a win to because there was some language that was
said in there that they were able to hold on
to as well. But you move forward to the Austin case,
Austin versus NCAA. That's a big one. That's why we
are here right now where we're at, which we'll talk
(08:37):
about in a segment three. But you have to understand
this Austin case to understand where we are at now
and also to be able to just understand that the
legal and cultural groundwork of where we're going to actually go.
But this case it sent a strong man not because
(09:02):
of the actual claim that was brought because it wasn't
really athletic specific. I'll talk about that in a minute,
but because of what the judge said in this case,
just the language that the justice left Justice Kavanaugh left
some language there that athletes really clung to. So if
(09:26):
we talked about the abandoned case, NCAA clung onto language
that was left for them to kind of keep using
that this is a revere tradition of amateurism that we
have to protect. This case gave every athlete the language
they need and really opened up that door.
Speaker 3 (09:44):
So let's just step back a little bit.
Speaker 6 (09:47):
And go let's go back to twenty twenty one, and
I want to take you into the courtroom in twenty
twenty one, not just any courtroom, but the highest court.
Speaker 3 (10:00):
In the country, the Supreme Court.
Speaker 6 (10:03):
We weren't there because this was a criminal case, right
there was no like individual on trial for a criminal case,
but the future of college sports that was definitely in
the hot seat. That's what we're talking about, the future
of college sports. There was a group of current, then
(10:28):
current and former college athletes and was led by a
Virginia football player, Sean Austin, former West Virginia football player
Sean Austin, and some other athletes, and they had decided
that enough was enough when they were in court, showing
(10:49):
up with their attorneys plaintiffs attorneys and finding enough is enough.
We've heard the arguments about not paying us as athletes,
but this right here, where does this stop. They weren't
asking for millions. No, they weren't asking for millions for name,
image and likeness. What they were in the court asking
for is your honor. We are asking for fairness. Specifically,
(11:17):
we're asking for the freedom for schools to offer education
related benefits. That's what we're asking, your honor. We're not
here asking for more money for what we do as athletes.
We're asking can we get things like laptops, graduate school scholarships,
tutoring internships, you know, your honor, just the basic tools
(11:43):
for a better life beyond sports.
Speaker 3 (11:48):
That was the whole argument.
Speaker 6 (11:50):
They were there for educational related benefits.
Speaker 3 (11:57):
Because NCAA had drawn a hard line.
Speaker 6 (12:02):
He said nope, nope, and CIA no, your honor, No,
this can't happen. Remember we talked about before, it's our
position to protect this revere tradition of amateurism. So we're
drawing a hard line, your honor. I know they're not
talking about athletic related aid, I get that, but even
(12:26):
those modest academic perks, your honor, we have to cap
them because all of it together adds up to giving
them more monetary value, whether it's in kind or actual,
we have to still cap it because they are amateurs.
(12:51):
An athletes said, oh my gosh, your honor.
Speaker 3 (12:53):
No, I mean.
Speaker 6 (12:58):
You said, we're here not just as athletes. We're here
to get our education. There's things that we still need
because some of us do right. We may get scholarship
partial full, some of us get none, some of us
may be walk ons. But even if we get full,
your honor, what does that have to do education? Right,
(13:20):
That's why I'm here. You said, that's what I should
be paying attention to is my education. And I am
why should I not have the opportunity to get education
related benefits? And I be capped just because I want
to perform. So athletes challenge that, and they won, and
(13:42):
the Supreme Court issued a unanimous decision, all of them.
Speaker 3 (13:46):
One one, one, one one.
Speaker 6 (13:49):
All of the justices unanimously agreed. And they said, you
know the NCAA's restrictions on education related benefits, that violates
anti trust laws.
Speaker 3 (14:08):
We can't do this. We cannot violate anti trust laws.
So it's clear cut here.
Speaker 6 (14:15):
And you may continue to have arguments and fights about
violating anti trust laws. Anti competitive laws when it comes
to athletics. But right now we're drawing the hard line
and we're saying that violates anti trust laws. And the
Justice there's a Justice Gort excuse me, Gor Suck wrote
(14:37):
the opinion. But Justice Kavanaugh came back and said, ha,
and he wrote this. This wasn't in the opinion, right.
This is not something that what he said had any
binding or effect on the holding of the court. This
(14:57):
is just added language. This is just me saying I agree.
But not only do I agree, obviously because it's unanimous,
we all agree.
Speaker 3 (15:06):
I have something to say.
Speaker 6 (15:07):
About me a green and what Justice Kavanaugh said this
time around opposed to last time. What he said this
time around, for the athletes, it was pretty much a
lightning bolt that struck down because he said the NCAA
(15:29):
is not above the law. The NCAA is not above
the law. And he questioned how the NCAA. This is
him still writing, and I'm summarizing what he questioned in
what he wrote in his concurring.
Speaker 3 (15:50):
Opinion.
Speaker 6 (15:51):
He says, I wonder how the NCAA could justify paying
coaches millions while athletes, you know, whose performance drives those
billions couldn't receive basic academic support. And he also said
(16:16):
the circular theory about not paying athletes because they're amateurs
and amateurs don't get paid has to finally be rethought
because that is a theory that should not hold this amateurism.
So this ruling didn't just you know, it didn't legalize
pay for play or any type of pay at all
(16:41):
for athletes, but it did open those gates because what
attorneys did, in which I would have done if I
represent athletes in the court, is use the language that
a justice puts out, because those are the people that
you're going to get in front of, right, So use
(17:02):
exactly what they're saying, why they are saying it, and
how they are saying it. And in this case, it
showed that the highest court in the land no longer
brought the NCAA argument and of EMA tourism so as
(17:29):
they defined it as it being sacred. Hold on one minute,
I wanna make sure can you all hear me if
(17:50):
you are on, let me know if you can hear me. Oh,
could I see someone post it? So I think you
can hear me? Right, I'm getting that message. Thumbs up
(18:11):
if you can hear me I don't want to get
too far or too long, and you can't.
Speaker 3 (18:19):
Fantasy football goat. Can you hear me? I do see
your post here. I want to make sure.
Speaker 6 (18:29):
All right, thank you, So if someone can hear me,
you have to fix your whatever you have going on.
You are absolutely right. Around twenty fourteen, and you know what,
after this Austin case and the floodgates opened up and
(18:50):
athletes and their representatives started to, you know, take the
language cases like that when Northwestern Dartmouth Johnson versus NCAA,
all of the cases dealing with employees, whether it was
with the National Labor Relation Board or with Johnson, the FLSA,
(19:11):
all of those things started to open right back up
because they got the language that they needed. So it
wasn't just athletes, you know, saying hey, we're just gonna
go back and talk about name, image and likeness. After
the Austin case and the NCAA in states started to respond,
(19:33):
there were absolutely cases that started opening right back up.
For wait a minute, all the arguments that were pushed
back because remember a lot of times these arguments failed
because of the amateurism defense. Well, now that you have
these justices saying ah, yes, especially the highest court. We
(19:54):
don't know how long this amateurism. And remember if you
go back to the first segment, you know what the
amateurism came about, you know where student athlete came about.
So it started to more and more on fold and
then bam, you have this. You have a justice in
their concurring opinion addressed this specifically. So you started having
those cases like Northwestern and all the different people come back.
Speaker 3 (20:15):
With the employee employer argument.
Speaker 6 (20:19):
So after the Austin case, literally just ten days after
that ruling, you know, the NCAA did something that they
said that they would never do.
Speaker 3 (20:28):
They did.
Speaker 6 (20:29):
They stepped back on all the stuff that they said
they they stepped back, you know, and on July one,
twenty twenty one, they started implementing an interim in IL policy.
But that wasn't There still was hesitation because it was
almost like I don't know how what are we going
to do? How are we going to respond to this?
But you had states that were ahead of the game.
(20:50):
California was already ten steps ahead talking about already what
they were going to do.
Speaker 3 (20:57):
Florida two.
Speaker 6 (20:58):
California talked about it first, had a date set out,
but then Florida came and talked about it and threw
it out.
Speaker 3 (21:07):
California reversed and said, okay, we're.
Speaker 6 (21:08):
Throwing ours out too. And after California and Florida were
ready to, you know, do what they need to do,
introduce and pass their own NIL acts, the NCAA say, listen,
we we we have to put something out here. We
have to have this entim policy, and we'll continue to
flush out what this looked like, but we we have to.
Speaker 3 (21:30):
We have to act.
Speaker 6 (21:31):
Because these states are doing it. They're doing it boldly,
they're setting the tone for change. And then there was
a ripple effect, undeniable ripple effect. State after state after
state rolled it out and it was it came up
to like thirty plus states. You know, some states said
we're not touching it, we're not doing it. But it
(21:55):
was chaotic, and talk about that in a little bit.
It was chaotic. But the Austin decision that was a
tipping So anytime, if you're representing any athletes at all,
if you are an athlete, if you are a parent,
you're supporting athlete, you have to understand Austin know that
the argument in this was about education. That's important for
(22:16):
you to know, because you know a lot of times
when conversations are diminished or points that are raised or diminished,
you have to know how to elevate them.
Speaker 3 (22:27):
This argument about paying athletes.
Speaker 6 (22:32):
It wasn't necessarily just about athletics, because hey, wait a minute, Austin,
you still didn't want to pay athletes educational benefits. So
the fact of the matter is we just didn't want
to pay right. So understanding Austin is huge, and understanding
how Auston affected where we're at right now is huge.
You want to be equipped with that knowledge when you're
conversing for athletes or athletes, you can first on behalf
(22:57):
of yourself. But so that was a tip and point.
Like I said, it was very chaotic. It was confusing
because you had a lot of states that was rolling
out their particular nil policies or rules or laws, and
it was different state to state. It was different and
it wasn't a success, right, But were we prepared for that?
(23:20):
And we know that success is when preparedness meets opportunities.
So there was a lot that happened that although it
was successful in moving in the right direction for getting compensated,
it was a struggle and it was not as successful
with those not being.
Speaker 3 (23:40):
Prepared for what we asked for.
Speaker 6 (23:42):
I mean, we had university athletic departments that hurry up
and they launched education program some of the stipulations that
was required to have they had to launch whatever.
Speaker 3 (23:53):
However they can pull it together.
Speaker 6 (23:55):
Launch education programs bind you you have people in positions
that were still learning stuff as they're launching things. They're
trying to learn this everything as well, you had compliance
officers that scrambled.
Speaker 3 (24:07):
To build guardrails.
Speaker 6 (24:08):
Again, with guardrails are we building if we're trying to
figure out what is actually going going on? But we
know for one thing for sure, there was a lot
of confusion. But one thing that we wasn't confused about.
The question was no longer should athletes be compensated? That
was no longer the question. We know that they were
going to get compensated. The question then then shifted.
Speaker 3 (24:30):
To how far were this go? How far wire this
go right?
Speaker 6 (24:36):
So again it's a it's a good thing we witness
policies change. We've seen the shift in the power. Some
didn't know what to do with the power, But you know,
I'm happy that athletes did step into the public sphere
as in the forefront of this. But the part that
(24:59):
I I want you listening, what do I want you
to do with that? I want you to know that
when they stepped up and was willing to put themselves
on the line through representation, we have to make sure
we step up and know that they're in a public
sphere as business owners now as influencers, as brand partners.
So for all athletes, parents, coaches, supporters, I know you
(25:24):
find yourself, some may find them stuff, still find themselves
navigating brand new terrain. Right, but please know this because
I've heard one parent said this too. How should negotiate
this contract? You know, everyone's just different. No one can
really guide me. That's not new. Do not let the
fear mongering with that help that's in that's in legal period.
(25:48):
You can have something that's been around so long that
and even in that you have contracts that's case by case.
Focus on your particular ass athlete, what they have to offer.
Look at get very creative in this situation too, Right,
what is name, image and likeness deals? It's putting your name,
(26:11):
image and likeness on something and it can look so different.
Position athletes to get opportunities and businesses with name, image,
and likeness. It's not always just about products. What about services?
What about things that help them beyond the sport? Not
every athlete's gonna go on to go to that next level.
So how do you use name, image and likeness. Don't
(26:33):
fear that you can't compare something. What you do is
created within the parameters that you can create it. And
I say that the same. I'm gonna talk more about
this later, so I won't get too much into it now.
There are contracts that were being undone right because you
had the law that says you cannot. You can do
(26:53):
nil deals, but you have to be very careful while
they're being why they are being done no pay for play,
like you can't say I'm going to do this nil
deal if you go here, if you get these many
many touchdowns, if you break this record like.
Speaker 3 (27:09):
Those are the things you were not supposed to do.
Were they being done?
Speaker 6 (27:14):
Absolutely, And where we're at now where things contracts being
looked at, going back and they're reviewing.
Speaker 3 (27:21):
Absolutely. We'll get into that later.
Speaker 6 (27:23):
But what I want you to know is understand the parameters,
which we'll talk about in the next segment. Want you
understand those parameters, how do you guide and advise your
athletes to be creative and maximize their name, image and
likeness and think out of the box. There is no box.
We want to be prepared for this responsibility that came
with this new right, right. We don't want to be unprepared.
(27:45):
You know, Suddenly I get it. All the athletes you're saying,
oh my god, suddenly we're CEOs of our personal brand
and we don't have a blueprint.
Speaker 3 (27:52):
You are CEOs.
Speaker 6 (27:53):
And I will tell you one thing, outside of being
an attorney, also being an entrepreneur, when you are seeing, oh, sometime,
you are the blueprint.
Speaker 3 (28:02):
You have to set it.
Speaker 6 (28:04):
You have to set what this looks like based on
your situation, because if you don't, you're gonna get swept up.
What do we see happening? We started to see new lawsuits, right,
Not lawsuits about I want my money. I want to
get paid because I'm an athlete. It wasn't about whether
athletes could get paid.
Speaker 4 (28:23):
Now.
Speaker 6 (28:23):
The new lawsuits was I'm not getting paid because of
broken promises, shady contracts and deals that were never delivered.
And I'm gonna talk more about that later as well.
So those things could have been prevented. But because we
jumped in and were not prepared for the opportunity, there
(28:46):
were some things that were unsuccessful. But we're here now
to be prepared because it is going to continue to evolve,
and we're going to talk about those things that you
need to know.
Speaker 3 (28:54):
We have.
Speaker 6 (28:55):
You know, we have a wave of agents, managers, attorneys,
newly nil forms, collectives. You know, all of us have
to be educated in the capacity in which we're going
to actually serve. What are some things that we should
think about. You can't have athletes stepping into business transactions,
first of all, without realizing they are a business. We
(29:17):
cannot continue to take these athletes and say, oh, you
play well or you run well, whatever it is, let's
go get this NIL deal. We first have to talk
to them about you are now a business. If you're
going to participate in this new right, you are now
a business. And there's things that you have to talk
(29:38):
about with the athlete. If they are now a business,
they're no different than any other entrepreneurs and stuff that's
out here. Talk about those things. Should they be entering
into NIL deals as an individual? Should they form an
entity and enter into these NIL deals as entity to entity.
We have to make sure that they understand that we're
(30:00):
talking about name, image, and likeness. All of that is
intellectual property. What do businesses do with intellectual property? Those
are some of those contracts things that happen in there.
Some may have been unintentional, some intentional. Some give you
template contracts, meaning there are already contracts in place that
companies organizations may use right and they just push them out.
(30:22):
So it may not even been ill willed, but they
just say, hey, I'm gonna put this in front of
you because this is the contract we already have with
our company. Well, in those contracts, they may be provisions
where you are, you know, signing away your rights to
your intellectual property. You don't have sunset clauses in there,
meaning that I will give you this particular right for
this time, but then as the sun sets it reverts
(30:45):
back to me or any other type of creative things
that may be in that contract. You just literally sign
because what we look at we're looking for the zeros
or we're looking for the opportunity.
Speaker 3 (30:54):
We don't look at everything else.
Speaker 6 (30:56):
So everyone please be educated on your particular side. How
does intellectual property look? And with that said, athletes or
agents or managers. Who's representing athletes. It's not the businesses
or organization's job to educate them on intellectual property. They
(31:17):
have to represent the side they stand on, too, so
they're going to show up for the best opportunity for them.
It is everybody's job to show up for the best
opportunity for themselves. Also, the next point, make sure that
your athletes don't, you know, unknowingly agree to illegal clauses
(31:39):
with you know, for us in Georgia, that's where I'm
at right now. Our nil statue already that ended June thirtieth,
and then we had an executive order that was put
in place. But after this new case, we'll talk about
next next segment, the House settiment. That's what's pretty much
(31:59):
a governing You have to know what do I need
to know to make sure that my athlete is not
unknowingly agreeing to illegal clauses. Because I'm gonna say this again,
it is not the company's or organization's job to know
that they don't. Their job is to get whoever they
can to promote whatever they need them to need them
(32:22):
to promote. They're not saying, hey, you know, I'm not
supposed to have it. They're gonna give you whatever. And
sometime that may be a template. You need to ask
that is this a template. You need to read through
it yourself, even if it's not, to circle and see
things that do not apply. But I say that, and
I circle back and say you can read that. You
(32:44):
can have conversations, but you do not if you are
not an attorney, if you are a manager, if you
are an agent, you do not want to get caught
up and the unlawful, unauthorized practice of law. There is
a fine line, and a lot of agents and managers
cross it.
Speaker 3 (33:05):
Sometimes they don't know.
Speaker 6 (33:07):
But what I will tell you I see on my
end is how people get out of contracts because you
did cross it. You don't want to ever put yourself
in a position where someone has a defense to get
out of something that you work so hard for. And listen,
I am pro athlete, I am an athlete. I'm all that,
but I have to be transparent all the way around.
(33:29):
So I'm speaking to agents and managers too. Sometimes we
do things because of practice.
Speaker 3 (33:38):
This is just the way it's been done. It's practice, but.
Speaker 6 (33:42):
It may violate policies or laws, and you can look
this up and you research it. You do not want
to run a foul of unauthorized practice of law. What
does that mean? Alakisha? If you yes, you can recontract.
Anybody can recontracts. You can do that, you can talk
about it. But if you ever advise or have your
(34:03):
athlete sign a final contract that binds them to a
legal term or something that was negotiated legally that deals
with the legal protection, it falls in that parameter. That's
unauthorized practice. Just think about real estate, right because I'm
licensed as well, I learned a lot of stuff with
(34:24):
real estate and I was like, oh, they got it.
Speaker 3 (34:26):
Good job. Real estate gets it.
Speaker 6 (34:28):
You can have real estate agent and you have those
contracts that they that they sign that they give right
out to people that want to buy, sell their homes
or whatever. Those contracts are already written out by the
attorneys either by their you know, real estate governor real
estate body or whatever.
Speaker 3 (34:48):
They're already written out.
Speaker 6 (34:49):
But there's certain provisions that are open, are certain lines
open that those agents can fill in that those parts
are okay. But if if there's anything that's not editable
and they edit that and resubmit that type of contract,
they are now running a file an unauthorized path as
(35:11):
a law. Give you one more example. NFL agents former
certified as well.
Speaker 3 (35:19):
Studied.
Speaker 6 (35:20):
Read all that and I said, good job. They see
they doing good. The players contracts that we have, you
have sections that you can fill in electronically. There's sections open,
you can choose, you know the rate in which you're
going to precentage in what you're going to take from whatever. Right,
and they talk about what they what is generally known
(35:42):
or accepted, but you could those areas are open. But
there's areas that are not that you can't change. They
were already drafted by attorneys. So it's no different when
you're doing any.
Speaker 3 (35:55):
Type of other deal.
Speaker 6 (35:57):
If you're looking and you're crossing the line of negotiating
or finalizing terms that are going to affect your client legally,
you're now crossing that line and that can be a
defense for them to get out of that contract and
owe you nothing and you pay back everything. So that's
(36:20):
a learning point right there. You're welcome. I don't want
to see you come. I don't want to see your
contract come across my desk because I tell you, if
it does, I will rip it apart. I will find
out if the contract was entered into illegally, and then
you don't have the money.
Speaker 3 (36:38):
So I'm giving you the gym.
Speaker 6 (36:39):
Now make sure pull somebody on your team to say, hey,
you know, review this, finalize this, make sure your name
is on this as an attorney. Make sure I know
you said this, so that way that actually.
Speaker 3 (36:56):
Covers me.
Speaker 6 (36:57):
So you want to make sure you bring in the
right experts in their areas. Same thing with taxes, right,
the tax responsibility we ushered all this in. You had
all these nil laws that said you can get paid,
you can get paid, but what do we know that
happens with pay.
Speaker 3 (37:16):
Irs?
Speaker 6 (37:18):
Right, and also on a state level, so there was
not the tax conversations. And what's worse than being broke,
because that's why a lot of athletes say, I'm broke,
I need some money, he needs some money in my pocket.
Was worse than being broke is going from being broke
to having a lot of money to now owe money
you back broke. So bring in the experts, talk about
(37:40):
these things. What are the tax responsibilities of what you're
about to do, because sometime it's not paid. Also in cash,
there are some things that are tax that are in kind.
So you have to bring in the right experts state,
federal level understand it, whether that's CPA, tax attorneys, whatever,
Bring in the right experts in those areas. Build your team,
have that common station with that actually looks like how
(38:02):
can you build that out? But do not cross the
line in any area that you're not an expert, and
position your your business to be different, be innovative. These
are the conversations you can have that I know about
the nil, but I also know about how to put
you in the best light to move forward.
Speaker 3 (38:23):
Lastly, explain the transfer portal to them.
Speaker 6 (38:28):
You know, as athletes got their rights and got control,
the transfer portal was an issue because a lot of
people didn't talk about what that meant.
Speaker 3 (38:36):
So a lot of people, a lot of athletes got
stuck in there.
Speaker 6 (38:40):
Talk about why you are transferring, Talk about when you
go on that portal, what is your major? How do
you know whatever school you're trying to go to may
have that major. What are your grades? Are they all transferable?
Can these grades transfer over or will you be starting over?
And most importantly, is someone interested in you use a
(39:02):
transfer portal to transport you because someone is actually interested?
So these are the things you could talk about if
you're actually leading athletes. If you are an athlete, these
are things you need to think about. Why are you
doing it again? Because you're a business. You don't just
want your business out there, Lucy Goosey. You want to
make sure that you are executing your business to the
(39:24):
best you just like what a business. You don't want
to just get any investor to invest in your business
because guess what, those investors can end up taking your
business and you no longer have it. So you have
to make sure you're understanding these these moving parts. So
we're looking at control versus competence, and it's clashing, right.
(39:46):
We had one side that kind of was losing control
and he had then other side that wasn't really as
competent in the gaining of control, and that clash and
that collision found.
Speaker 3 (39:57):
Us in chaos.
Speaker 6 (40:00):
But anytime there's chaos, there's some beauty that can be
found in it.
Speaker 3 (40:04):
So that's all I'm gonna cover for now, because I
know it's a lot.
Speaker 6 (40:07):
I want you to even go back and to listen
if there's any time you are on here too, If
you have any questions you can ask, because I have
a planned topic to talk about each segment, so that
way I keep it nice and short and condensed. But
if there's something that I do not cover, you can ask.
If it's something I know that I know I'm going
to cover in a future segment, I will say, hey,
(40:30):
I'm going to.
Speaker 3 (40:32):
Cover that in a future segment. Let me just look
at Instagram to make sure.
Speaker 6 (40:35):
Okay, I'm going to cover that in a future segment,
and we can wait then. But if I know it
fits in the segment that I'm actually covering now, I
don't mind answering questions. It's maybe the best time that
you can get those questions answered. So yes, keep in mind,
(40:59):
absolutely absolutely keep in mind that the thirty three states
allow for high school NIL. Great job listen since I'm
keeping on college now, but please listen to with fantasy
(41:19):
football goat strategies saying I'm talking about NIL on a
college level. But NIL has now expanded to high school
and there's actually even new laws that have expanded within
the NIL that expanded to high schools.
Speaker 3 (41:38):
They can now in their senior year.
Speaker 6 (41:41):
Get certain type of offers to go different places. I mean,
it's just opening wide. This is why I say things
That's why I took my time to do this because
this is bigger than sports. This is affecting life, whether
you were athletes and want support an athlete, a parent
that has a young athlete that's going to grow up
(42:02):
in this or not, because you're going to be affected
just existing. This is a shift in an industry that's
going to impact life because we're going to see people
who are educated and competent, who are supported guided with
those who are educating and competent, and then we're going
(42:22):
to see those who are not, which means we're going
to have a lot more what, a lot more people struggling,
a lot more angry people. If we look at stories
from even elite athletes who were screwed over, screwed over
by financial advisors, all types of people, da da dada,
you'll see stories or where elite athletes were going to
(42:44):
kill people. There's elite athletes that went to.
Speaker 3 (42:48):
Prison for certain things.
Speaker 6 (42:51):
Think about it, people, we're bringing all of that down now,
it's not just elite, we're bringing.
Speaker 3 (42:57):
All the way down college to high school.
Speaker 6 (43:01):
So that's more people where these other things can happen
as well. So the more we're positioned to be knowledgeable
in this competent in this the more position we are.
Speaker 3 (43:15):
To control chaos.
Speaker 6 (43:16):
Chaos only comes from the lack of knowledge and thrown out.
Speaker 3 (43:20):
And I don't want the fear mongering.
Speaker 6 (43:22):
I don't want us unhappy that people throw that stuff out.
Speaker 3 (43:25):
I promise you.
Speaker 6 (43:25):
The stuff that we've seen and it was chaotic because
people didn't know is things that happen in establish industries.
Speaker 3 (43:31):
Calm down, figure out, athlete by athlete what their situation is.
Speaker 6 (43:36):
Become educated on what the parameters are and which you
can operate, and make sure that you don't set yourself
up in a position where you're screwed over either. We
make sure all those things are done. This can actually
be something that moves us in a great trajectory in
life as well. So there's a good side on it.
Speaker 3 (43:57):
Yeah.
Speaker 6 (43:57):
So if there are no questions, and I'll check ig
just to make sure before it. Yeah, if there are
no questions and minds you if I even if you
for replay. Those who may watch this on a replay,
you can always drop your question in a comment if
you end up hearing it on a podcast. On the podcast,
of course, you can't comment on there, but you can
come back to that actual segment that you air listen
(44:20):
to and come back and drop the comment there. So
that is a wrap for this episode. Bite size, that's
a rap for today. That's where the Austin case leaves us.
It's it's it's not a finished structure, obviously we're gonna
talk about that, but it is a framework that shows
you know what was possible or rules are gone, they
(44:42):
were challenged. We're in new ones and you can help
shape those new ones and be ahead of the game
in the new ones. So again the question is and
whether you know change will come anymore? That's that's no
longer the question. Now we're looking at how far we'll
it go and how fast we'll go. You need to
be in a power or position with that, because power
isn't just taken, it's managed, it's protected, it's.
Speaker 3 (45:05):
Grown by those who are prepared to hold it.
Speaker 6 (45:08):
So we'll explore the next thing, the house settlement, and
the next segment. I thank you for being hungry to
be elevated. Until next time, I want to say peace
and progress.
There was a time people counting leave out. But then me,
I'm move inside out. I got to know and.
Speaker 2 (00:24):
Know what they say, but what I believe that God's
my day.
Speaker 3 (00:32):
I don't be you to bother me.
Speaker 1 (00:36):
I know who I help.
Speaker 2 (00:39):
I'm created that be and I'm to reflect what my
eyes did to see all the bigness eyephoass and this persibility.
Speaker 4 (00:58):
Know what I see? Pad shut should I get a read?
Speaker 3 (01:14):
There is no time really spend for the outside door
and in the better window, bad.
Speaker 4 (01:25):
Boys. The insults still isself paid de editions of cans.
They all these simple my bead bye something not take
your mind the play. You'll buy your pleas and think
you one by.
Speaker 1 (01:44):
This plan head we have died all with Then that's
nine neither street.
Speaker 5 (01:57):
Sh Welcome, Welcome, Welcome to another segment of Seek Elevation
with yours truly attorney l Akisha. Yes, I'm an attorney,
but I may not be your attorney. So if I
(02:18):
talk about any legal information, which I will with this nil.
Speaker 6 (02:23):
Four part series, I am not giving you legal advice.
I'm giving you legal information to take with it and
learn more. I will have to know your specific situation
in order to give you legal advice, and since I don't,
i'm not, but hopefully I give you confidence in my
(02:44):
knowledge and my expertise as I do give this information.
So we are now on segment two of Power Plays
the NIL Era and College Sports.
Speaker 3 (02:57):
This is a four part series.
Speaker 6 (02:59):
If you're just tuning in for the first one, so
please go back and listen to episode one, because each
segment is going to build upon the other. But right
here we're talking about NIL now. But there's so many
different things we talk about because on Seek Elevation is
where real issues and real people and real conversations takes
(03:20):
in a stage. We will talk about things from sports
and entertainment to business and community, but we elevate voices
that need to be heard. Sometime it's mine and sometime
it's others. But we don't just come here to hear
these voices to hear the information. We come here to
be empowered, to be inspired, to be elevated. And we
(03:41):
also come here to challenge the status quo because we
do know that change does not happen in silence. But
also change doesn't happen by just talking about it. We
have to do something about it. So with that said,
in that out the way. I want us to go
(04:02):
ahead and get into a segment two these four part series.
I'm gonna keep it nice and digestible, like I said,
because this NIL is it is a very complex, in
dense topic.
Speaker 3 (04:17):
There is a lot to learn.
Speaker 6 (04:19):
There's a lot that has happened within a very short
period of time. But there is a way to just
take out parse out the information that you do need
to know. If you're someone that is representing athletes, it
is important to understand at least the basics of NIL,
not just you know, I did sports and I'm interested
(04:40):
in representing athletes. Just like any industry, there's jargons, there's
you know, certain words that said, there's certain information that's known,
and if you say those words or you're able to
converse in that information, then you are definitely respected more so,
that's if you're representing an athlete. If you are an athlete,
(05:01):
you definitely want to know this information because you want
somebody to respect the fact that you're not just about
play or run or jump or throw. You're also about
your business. So just learning this information is going to
help us. It is necessary because we're here now, this
is where we're at and I don't see it reversing.
(05:24):
Don't know how it's going to evolve. We'll talk about
that in segment four, but do know that it is
going to absolutely involve. So the first segment we talked
about pretty much just the foundation. We went back and
we covered a little bit of the history of name,
image and likeness, something that's not new to business at all,
(05:45):
but that has caught on as far as being a
trendy way of saying whatever we want to say for
athletes to get paid now in college sports, but nil, name,
image and likeness is how we do business. Athletes finally
got their rights, but we got a long way to go.
(06:06):
So we talked about that foundation. Now we're gonna talk
about the framing of it. Right, So if you didn't
hit a foundation, please please please go back. You need
to listen to that again, especially if you want to
show some type of power in whatever position you're in.
Get that foundation. Now we're going to talk about the framing.
(06:27):
And I didn't mention earlier when I introduced myself that
I'm an attorney, but I'm also a former collegiate athlete.
I competed on a Division one NCAA level Power five school,
a coach as well on elite level as well.
Speaker 3 (06:42):
So I get it. I get it. I get it
from different angles of diversity.
Speaker 6 (06:47):
So all right, So our key focus today we're going
to talk about is the overview of NIL development post
twenty twenty one. That's when a lot of traction started happening,
you know. So let's just back up a moment. We
talked about O'Bannon, right, you remember O'Bannon. Those who actually
watched it indoor, watched the replay, or heard the podcast
(07:10):
because that has been uploaded. Those who have heard it,
they know about the Obandon case. I'm not going to
go through the details of it, but we know that
the Obannon case, like put some cracks into everything, kicked
the door wide open, not wide open, a little bit open,
cracked some floors and walls, and it challenged the use
(07:30):
of athletes, likenesses and video games. We've talked about a
little bit. There was a lot of other challenges, but
this specifically talked about the video games without their consent
and without compensation. Yes, that case was more than about
pixels when he seen the game, it was about principle
and that helped the trajectory It helped athletes get the
(07:55):
right language to kind of move forward. But there was
some things that was also, you know, just said in
that case as well. It was a it was a
win because it helped, you know, athletes get paid in
a non traditional way by increasing the cost of attendance.
Speaker 3 (08:11):
But that gave them their push, That really gave them
their push.
Speaker 6 (08:15):
But in that case it did the NCAAA did get
a win to because there was some language that was
said in there that they were able to hold on
to as well. But you move forward to the Austin case,
Austin versus NCAA. That's a big one. That's why we
are here right now where we're at, which we'll talk
(08:37):
about in a segment three. But you have to understand
this Austin case to understand where we are at now
and also to be able to just understand that the
legal and cultural groundwork of where we're going to actually go.
But this case it sent a strong man not because
(09:02):
of the actual claim that was brought because it wasn't
really athletic specific. I'll talk about that in a minute,
but because of what the judge said in this case,
just the language that the justice left Justice Kavanaugh left
some language there that athletes really clung to. So if
(09:26):
we talked about the abandoned case, NCAA clung onto language
that was left for them to kind of keep using
that this is a revere tradition of amateurism that we
have to protect. This case gave every athlete the language
they need and really opened up that door.
Speaker 3 (09:44):
So let's just step back a little bit.
Speaker 6 (09:47):
And go let's go back to twenty twenty one, and
I want to take you into the courtroom in twenty
twenty one, not just any courtroom, but the highest court.
Speaker 3 (10:00):
In the country, the Supreme Court.
Speaker 6 (10:03):
We weren't there because this was a criminal case, right
there was no like individual on trial for a criminal case,
but the future of college sports that was definitely in
the hot seat. That's what we're talking about, the future
of college sports. There was a group of current, then
(10:28):
current and former college athletes and was led by a
Virginia football player, Sean Austin, former West Virginia football player
Sean Austin, and some other athletes, and they had decided
that enough was enough when they were in court, showing
(10:49):
up with their attorneys plaintiffs attorneys and finding enough is enough.
We've heard the arguments about not paying us as athletes,
but this right here, where does this stop. They weren't
asking for millions. No, they weren't asking for millions for name,
image and likeness. What they were in the court asking
for is your honor. We are asking for fairness. Specifically,
(11:17):
we're asking for the freedom for schools to offer education
related benefits. That's what we're asking, your honor. We're not
here asking for more money for what we do as athletes.
We're asking can we get things like laptops, graduate school scholarships,
tutoring internships, you know, your honor, just the basic tools
(11:43):
for a better life beyond sports.
Speaker 3 (11:48):
That was the whole argument.
Speaker 6 (11:50):
They were there for educational related benefits.
Speaker 3 (11:57):
Because NCAA had drawn a hard line.
Speaker 6 (12:02):
He said nope, nope, and CIA no, your honor, No,
this can't happen. Remember we talked about before, it's our
position to protect this revere tradition of amateurism. So we're
drawing a hard line, your honor. I know they're not
talking about athletic related aid, I get that, but even
(12:26):
those modest academic perks, your honor, we have to cap
them because all of it together adds up to giving
them more monetary value, whether it's in kind or actual,
we have to still cap it because they are amateurs.
(12:51):
An athletes said, oh my gosh, your honor.
Speaker 3 (12:53):
No, I mean.
Speaker 6 (12:58):
You said, we're here not just as athletes. We're here
to get our education. There's things that we still need
because some of us do right. We may get scholarship
partial full, some of us get none, some of us
may be walk ons. But even if we get full,
your honor, what does that have to do education? Right,
(13:20):
That's why I'm here. You said, that's what I should
be paying attention to is my education. And I am
why should I not have the opportunity to get education
related benefits? And I be capped just because I want
to perform. So athletes challenge that, and they won, and
(13:42):
the Supreme Court issued a unanimous decision, all of them.
Speaker 3 (13:46):
One one, one, one one.
Speaker 6 (13:49):
All of the justices unanimously agreed. And they said, you
know the NCAA's restrictions on education related benefits, that violates
anti trust laws.
Speaker 3 (14:08):
We can't do this. We cannot violate anti trust laws.
So it's clear cut here.
Speaker 6 (14:15):
And you may continue to have arguments and fights about
violating anti trust laws. Anti competitive laws when it comes
to athletics. But right now we're drawing the hard line
and we're saying that violates anti trust laws. And the
Justice there's a Justice Gort excuse me, Gor Suck wrote
(14:37):
the opinion. But Justice Kavanaugh came back and said, ha,
and he wrote this. This wasn't in the opinion, right.
This is not something that what he said had any
binding or effect on the holding of the court. This
(14:57):
is just added language. This is just me saying I agree.
But not only do I agree, obviously because it's unanimous,
we all agree.
Speaker 3 (15:06):
I have something to say.
Speaker 6 (15:07):
About me a green and what Justice Kavanaugh said this
time around opposed to last time. What he said this
time around, for the athletes, it was pretty much a
lightning bolt that struck down because he said the NCAA
(15:29):
is not above the law. The NCAA is not above
the law. And he questioned how the NCAA. This is
him still writing, and I'm summarizing what he questioned in
what he wrote in his concurring.
Speaker 3 (15:50):
Opinion.
Speaker 6 (15:51):
He says, I wonder how the NCAA could justify paying
coaches millions while athletes, you know, whose performance drives those
billions couldn't receive basic academic support. And he also said
(16:16):
the circular theory about not paying athletes because they're amateurs
and amateurs don't get paid has to finally be rethought
because that is a theory that should not hold this amateurism.
So this ruling didn't just you know, it didn't legalize
pay for play or any type of pay at all
(16:41):
for athletes, but it did open those gates because what
attorneys did, in which I would have done if I
represent athletes in the court, is use the language that
a justice puts out, because those are the people that
you're going to get in front of, right, So use
(17:02):
exactly what they're saying, why they are saying it, and
how they are saying it. And in this case, it
showed that the highest court in the land no longer
brought the NCAA argument and of EMA tourism so as
(17:29):
they defined it as it being sacred. Hold on one minute,
I wanna make sure can you all hear me if
(17:50):
you are on, let me know if you can hear me. Oh,
could I see someone post it? So I think you
can hear me? Right, I'm getting that message. Thumbs up
(18:11):
if you can hear me I don't want to get
too far or too long, and you can't.
Speaker 3 (18:19):
Fantasy football goat. Can you hear me? I do see
your post here. I want to make sure.
Speaker 6 (18:29):
All right, thank you, So if someone can hear me,
you have to fix your whatever you have going on.
You are absolutely right. Around twenty fourteen, and you know what,
after this Austin case and the floodgates opened up and
(18:50):
athletes and their representatives started to, you know, take the
language cases like that when Northwestern Dartmouth Johnson versus NCAA,
all of the cases dealing with employees, whether it was
with the National Labor Relation Board or with Johnson, the FLSA,
(19:11):
all of those things started to open right back up
because they got the language that they needed. So it
wasn't just athletes, you know, saying hey, we're just gonna
go back and talk about name, image and likeness. After
the Austin case and the NCAA in states started to respond,
(19:33):
there were absolutely cases that started opening right back up.
For wait a minute, all the arguments that were pushed
back because remember a lot of times these arguments failed
because of the amateurism defense. Well, now that you have
these justices saying ah, yes, especially the highest court. We
(19:54):
don't know how long this amateurism. And remember if you
go back to the first segment, you know what the
amateurism came about, you know where student athlete came about.
So it started to more and more on fold and
then bam, you have this. You have a justice in
their concurring opinion addressed this specifically. So you started having
those cases like Northwestern and all the different people come back.
Speaker 3 (20:15):
With the employee employer argument.
Speaker 6 (20:19):
So after the Austin case, literally just ten days after
that ruling, you know, the NCAA did something that they
said that they would never do.
Speaker 3 (20:28):
They did.
Speaker 6 (20:29):
They stepped back on all the stuff that they said
they they stepped back, you know, and on July one,
twenty twenty one, they started implementing an interim in IL policy.
But that wasn't There still was hesitation because it was
almost like I don't know how what are we going
to do? How are we going to respond to this?
But you had states that were ahead of the game.
(20:50):
California was already ten steps ahead talking about already what
they were going to do.
Speaker 3 (20:57):
Florida two.
Speaker 6 (20:58):
California talked about it first, had a date set out,
but then Florida came and talked about it and threw
it out.
Speaker 3 (21:07):
California reversed and said, okay, we're.
Speaker 6 (21:08):
Throwing ours out too. And after California and Florida were
ready to, you know, do what they need to do,
introduce and pass their own NIL acts, the NCAA say, listen,
we we we have to put something out here. We
have to have this entim policy, and we'll continue to
flush out what this looked like, but we we have to.
Speaker 3 (21:30):
We have to act.
Speaker 6 (21:31):
Because these states are doing it. They're doing it boldly,
they're setting the tone for change. And then there was
a ripple effect, undeniable ripple effect. State after state after
state rolled it out and it was it came up
to like thirty plus states. You know, some states said
we're not touching it, we're not doing it. But it
(21:55):
was chaotic, and talk about that in a little bit.
It was chaotic. But the Austin decision that was a
tipping So anytime, if you're representing any athletes at all,
if you are an athlete, if you are a parent,
you're supporting athlete, you have to understand Austin know that
the argument in this was about education. That's important for
(22:16):
you to know, because you know a lot of times
when conversations are diminished or points that are raised or diminished,
you have to know how to elevate them.
Speaker 3 (22:27):
This argument about paying athletes.
Speaker 6 (22:32):
It wasn't necessarily just about athletics, because hey, wait a minute, Austin,
you still didn't want to pay athletes educational benefits. So
the fact of the matter is we just didn't want
to pay right. So understanding Austin is huge, and understanding
how Auston affected where we're at right now is huge.
You want to be equipped with that knowledge when you're
conversing for athletes or athletes, you can first on behalf
(22:57):
of yourself. But so that was a tip and point.
Like I said, it was very chaotic. It was confusing
because you had a lot of states that was rolling
out their particular nil policies or rules or laws, and
it was different state to state. It was different and
it wasn't a success, right, But were we prepared for that?
(23:20):
And we know that success is when preparedness meets opportunities.
So there was a lot that happened that although it
was successful in moving in the right direction for getting compensated,
it was a struggle and it was not as successful
with those not being.
Speaker 3 (23:40):
Prepared for what we asked for.
Speaker 6 (23:42):
I mean, we had university athletic departments that hurry up
and they launched education program some of the stipulations that
was required to have they had to launch whatever.
Speaker 3 (23:53):
However they can pull it together.
Speaker 6 (23:55):
Launch education programs bind you you have people in positions
that were still learning stuff as they're launching things. They're
trying to learn this everything as well, you had compliance
officers that scrambled.
Speaker 3 (24:07):
To build guardrails.
Speaker 6 (24:08):
Again, with guardrails are we building if we're trying to
figure out what is actually going going on? But we
know for one thing for sure, there was a lot
of confusion. But one thing that we wasn't confused about.
The question was no longer should athletes be compensated? That
was no longer the question. We know that they were
going to get compensated. The question then then shifted.
Speaker 3 (24:30):
To how far were this go? How far wire this
go right?
Speaker 6 (24:36):
So again it's a it's a good thing we witness
policies change. We've seen the shift in the power. Some
didn't know what to do with the power, But you know,
I'm happy that athletes did step into the public sphere
as in the forefront of this. But the part that
(24:59):
I I want you listening, what do I want you
to do with that? I want you to know that
when they stepped up and was willing to put themselves
on the line through representation, we have to make sure
we step up and know that they're in a public
sphere as business owners now as influencers, as brand partners.
So for all athletes, parents, coaches, supporters, I know you
(25:24):
find yourself, some may find them stuff, still find themselves
navigating brand new terrain. Right, but please know this because
I've heard one parent said this too. How should negotiate
this contract? You know, everyone's just different. No one can
really guide me. That's not new. Do not let the
fear mongering with that help that's in that's in legal period.
(25:48):
You can have something that's been around so long that
and even in that you have contracts that's case by case.
Focus on your particular ass athlete, what they have to offer.
Look at get very creative in this situation too, Right,
what is name, image and likeness deals? It's putting your name,
(26:11):
image and likeness on something and it can look so different.
Position athletes to get opportunities and businesses with name, image,
and likeness. It's not always just about products. What about services?
What about things that help them beyond the sport? Not
every athlete's gonna go on to go to that next level.
So how do you use name, image and likeness. Don't
(26:33):
fear that you can't compare something. What you do is
created within the parameters that you can create it. And
I say that the same. I'm gonna talk more about
this later, so I won't get too much into it now.
There are contracts that were being undone right because you
had the law that says you cannot. You can do
(26:53):
nil deals, but you have to be very careful while
they're being why they are being done no pay for play,
like you can't say I'm going to do this nil
deal if you go here, if you get these many
many touchdowns, if you break this record like.
Speaker 3 (27:09):
Those are the things you were not supposed to do.
Were they being done?
Speaker 6 (27:14):
Absolutely, And where we're at now where things contracts being
looked at, going back and they're reviewing.
Speaker 3 (27:21):
Absolutely. We'll get into that later.
Speaker 6 (27:23):
But what I want you to know is understand the parameters,
which we'll talk about in the next segment. Want you
understand those parameters, how do you guide and advise your
athletes to be creative and maximize their name, image and
likeness and think out of the box. There is no box.
We want to be prepared for this responsibility that came
with this new right, right. We don't want to be unprepared.
(27:45):
You know, Suddenly I get it. All the athletes you're saying,
oh my god, suddenly we're CEOs of our personal brand
and we don't have a blueprint.
Speaker 3 (27:52):
You are CEOs.
Speaker 6 (27:53):
And I will tell you one thing, outside of being
an attorney, also being an entrepreneur, when you are seeing, oh, sometime,
you are the blueprint.
Speaker 3 (28:02):
You have to set it.
Speaker 6 (28:04):
You have to set what this looks like based on
your situation, because if you don't, you're gonna get swept up.
What do we see happening? We started to see new lawsuits, right,
Not lawsuits about I want my money. I want to
get paid because I'm an athlete. It wasn't about whether
athletes could get paid.
Speaker 4 (28:23):
Now.
Speaker 6 (28:23):
The new lawsuits was I'm not getting paid because of
broken promises, shady contracts and deals that were never delivered.
And I'm gonna talk more about that later as well.
So those things could have been prevented. But because we
jumped in and were not prepared for the opportunity, there
(28:46):
were some things that were unsuccessful. But we're here now
to be prepared because it is going to continue to evolve,
and we're going to talk about those things that you
need to know.
Speaker 3 (28:54):
We have.
Speaker 6 (28:55):
You know, we have a wave of agents, managers, attorneys,
newly nil forms, collectives. You know, all of us have
to be educated in the capacity in which we're going
to actually serve. What are some things that we should
think about. You can't have athletes stepping into business transactions,
first of all, without realizing they are a business. We
(29:17):
cannot continue to take these athletes and say, oh, you
play well or you run well, whatever it is, let's
go get this NIL deal. We first have to talk
to them about you are now a business. If you're
going to participate in this new right, you are now
a business. And there's things that you have to talk
(29:38):
about with the athlete. If they are now a business,
they're no different than any other entrepreneurs and stuff that's
out here. Talk about those things. Should they be entering
into NIL deals as an individual? Should they form an
entity and enter into these NIL deals as entity to entity.
We have to make sure that they understand that we're
(30:00):
talking about name, image, and likeness. All of that is
intellectual property. What do businesses do with intellectual property? Those
are some of those contracts things that happen in there.
Some may have been unintentional, some intentional. Some give you
template contracts, meaning there are already contracts in place that
companies organizations may use right and they just push them out.
(30:22):
So it may not even been ill willed, but they
just say, hey, I'm gonna put this in front of
you because this is the contract we already have with
our company. Well, in those contracts, they may be provisions
where you are, you know, signing away your rights to
your intellectual property. You don't have sunset clauses in there,
meaning that I will give you this particular right for
this time, but then as the sun sets it reverts
(30:45):
back to me or any other type of creative things
that may be in that contract. You just literally sign
because what we look at we're looking for the zeros
or we're looking for the opportunity.
Speaker 3 (30:54):
We don't look at everything else.
Speaker 6 (30:56):
So everyone please be educated on your particular side. How
does intellectual property look? And with that said, athletes or
agents or managers. Who's representing athletes. It's not the businesses
or organization's job to educate them on intellectual property. They
(31:17):
have to represent the side they stand on, too, so
they're going to show up for the best opportunity for them.
It is everybody's job to show up for the best
opportunity for themselves. Also, the next point, make sure that
your athletes don't, you know, unknowingly agree to illegal clauses
(31:39):
with you know, for us in Georgia, that's where I'm
at right now. Our nil statue already that ended June thirtieth,
and then we had an executive order that was put
in place. But after this new case, we'll talk about
next next segment, the House settiment. That's what's pretty much
(31:59):
a governing You have to know what do I need
to know to make sure that my athlete is not
unknowingly agreeing to illegal clauses. Because I'm gonna say this again,
it is not the company's or organization's job to know
that they don't. Their job is to get whoever they
can to promote whatever they need them to need them
(32:22):
to promote. They're not saying, hey, you know, I'm not
supposed to have it. They're gonna give you whatever. And
sometime that may be a template. You need to ask
that is this a template. You need to read through
it yourself, even if it's not, to circle and see
things that do not apply. But I say that, and
I circle back and say you can read that. You
(32:44):
can have conversations, but you do not if you are
not an attorney, if you are a manager, if you
are an agent, you do not want to get caught
up and the unlawful, unauthorized practice of law. There is
a fine line, and a lot of agents and managers
cross it.
Speaker 3 (33:05):
Sometimes they don't know.
Speaker 6 (33:07):
But what I will tell you I see on my
end is how people get out of contracts because you
did cross it. You don't want to ever put yourself
in a position where someone has a defense to get
out of something that you work so hard for. And listen,
I am pro athlete, I am an athlete. I'm all that,
but I have to be transparent all the way around.
(33:29):
So I'm speaking to agents and managers too. Sometimes we
do things because of practice.
Speaker 3 (33:38):
This is just the way it's been done. It's practice, but.
Speaker 6 (33:42):
It may violate policies or laws, and you can look
this up and you research it. You do not want
to run a foul of unauthorized practice of law. What
does that mean? Alakisha? If you yes, you can recontract.
Anybody can recontracts. You can do that, you can talk
about it. But if you ever advise or have your
(34:03):
athlete sign a final contract that binds them to a
legal term or something that was negotiated legally that deals
with the legal protection, it falls in that parameter. That's
unauthorized practice. Just think about real estate, right because I'm
licensed as well, I learned a lot of stuff with
(34:24):
real estate and I was like, oh, they got it.
Speaker 3 (34:26):
Good job. Real estate gets it.
Speaker 6 (34:28):
You can have real estate agent and you have those
contracts that they that they sign that they give right
out to people that want to buy, sell their homes
or whatever. Those contracts are already written out by the
attorneys either by their you know, real estate governor real
estate body or whatever.
Speaker 3 (34:48):
They're already written out.
Speaker 6 (34:49):
But there's certain provisions that are open, are certain lines
open that those agents can fill in that those parts
are okay. But if if there's anything that's not editable
and they edit that and resubmit that type of contract,
they are now running a file an unauthorized path as
(35:11):
a law. Give you one more example. NFL agents former
certified as well.
Speaker 3 (35:19):
Studied.
Speaker 6 (35:20):
Read all that and I said, good job. They see
they doing good. The players contracts that we have, you
have sections that you can fill in electronically. There's sections open,
you can choose, you know the rate in which you're
going to precentage in what you're going to take from whatever. Right,
and they talk about what they what is generally known
(35:42):
or accepted, but you could those areas are open. But
there's areas that are not that you can't change. They
were already drafted by attorneys. So it's no different when
you're doing any.
Speaker 3 (35:55):
Type of other deal.
Speaker 6 (35:57):
If you're looking and you're crossing the line of negotiating
or finalizing terms that are going to affect your client legally,
you're now crossing that line and that can be a
defense for them to get out of that contract and
owe you nothing and you pay back everything. So that's
(36:20):
a learning point right there. You're welcome. I don't want
to see you come. I don't want to see your
contract come across my desk because I tell you, if
it does, I will rip it apart. I will find
out if the contract was entered into illegally, and then
you don't have the money.
Speaker 3 (36:38):
So I'm giving you the gym.
Speaker 6 (36:39):
Now make sure pull somebody on your team to say, hey,
you know, review this, finalize this, make sure your name
is on this as an attorney. Make sure I know
you said this, so that way that actually.
Speaker 3 (36:56):
Covers me.
Speaker 6 (36:57):
So you want to make sure you bring in the
right experts in their areas. Same thing with taxes, right,
the tax responsibility we ushered all this in. You had
all these nil laws that said you can get paid,
you can get paid, but what do we know that
happens with pay.
Speaker 3 (37:16):
Irs?
Speaker 6 (37:18):
Right, and also on a state level, so there was
not the tax conversations. And what's worse than being broke,
because that's why a lot of athletes say, I'm broke,
I need some money, he needs some money in my pocket.
Was worse than being broke is going from being broke
to having a lot of money to now owe money
you back broke. So bring in the experts, talk about
(37:40):
these things. What are the tax responsibilities of what you're
about to do, because sometime it's not paid. Also in cash,
there are some things that are tax that are in kind.
So you have to bring in the right experts state,
federal level understand it, whether that's CPA, tax attorneys, whatever,
Bring in the right experts in those areas. Build your team,
have that common station with that actually looks like how
(38:02):
can you build that out? But do not cross the
line in any area that you're not an expert, and
position your your business to be different, be innovative. These
are the conversations you can have that I know about
the nil, but I also know about how to put
you in the best light to move forward.
Speaker 3 (38:23):
Lastly, explain the transfer portal to them.
Speaker 6 (38:28):
You know, as athletes got their rights and got control,
the transfer portal was an issue because a lot of
people didn't talk about what that meant.
Speaker 3 (38:36):
So a lot of people, a lot of athletes got
stuck in there.
Speaker 6 (38:40):
Talk about why you are transferring, Talk about when you
go on that portal, what is your major? How do
you know whatever school you're trying to go to may
have that major. What are your grades? Are they all transferable?
Can these grades transfer over or will you be starting over?
And most importantly, is someone interested in you use a
(39:02):
transfer portal to transport you because someone is actually interested?
So these are the things you could talk about if
you're actually leading athletes. If you are an athlete, these
are things you need to think about. Why are you
doing it again? Because you're a business. You don't just
want your business out there, Lucy Goosey. You want to
make sure that you are executing your business to the
(39:24):
best you just like what a business. You don't want
to just get any investor to invest in your business
because guess what, those investors can end up taking your
business and you no longer have it. So you have
to make sure you're understanding these these moving parts. So
we're looking at control versus competence, and it's clashing, right.
(39:46):
We had one side that kind of was losing control
and he had then other side that wasn't really as
competent in the gaining of control, and that clash and
that collision found.
Speaker 3 (39:57):
Us in chaos.
Speaker 6 (40:00):
But anytime there's chaos, there's some beauty that can be
found in it.
Speaker 3 (40:04):
So that's all I'm gonna cover for now, because I
know it's a lot.
Speaker 6 (40:07):
I want you to even go back and to listen
if there's any time you are on here too, If
you have any questions you can ask, because I have
a planned topic to talk about each segment, so that
way I keep it nice and short and condensed. But
if there's something that I do not cover, you can ask.
If it's something I know that I know I'm going
to cover in a future segment, I will say, hey,
(40:30):
I'm going to.
Speaker 3 (40:32):
Cover that in a future segment. Let me just look
at Instagram to make sure.
Speaker 6 (40:35):
Okay, I'm going to cover that in a future segment,
and we can wait then. But if I know it
fits in the segment that I'm actually covering now, I
don't mind answering questions. It's maybe the best time that
you can get those questions answered. So yes, keep in mind,
(40:59):
absolutely absolutely keep in mind that the thirty three states
allow for high school NIL. Great job listen since I'm
keeping on college now, but please listen to with fantasy
(41:19):
football goat strategies saying I'm talking about NIL on a
college level. But NIL has now expanded to high school
and there's actually even new laws that have expanded within
the NIL that expanded to high schools.
Speaker 3 (41:38):
They can now in their senior year.
Speaker 6 (41:41):
Get certain type of offers to go different places. I mean,
it's just opening wide. This is why I say things
That's why I took my time to do this because
this is bigger than sports. This is affecting life, whether
you were athletes and want support an athlete, a parent
that has a young athlete that's going to grow up
(42:02):
in this or not, because you're going to be affected
just existing. This is a shift in an industry that's
going to impact life because we're going to see people
who are educated and competent, who are supported guided with
those who are educating and competent, and then we're going
(42:22):
to see those who are not, which means we're going
to have a lot more what, a lot more people struggling,
a lot more angry people. If we look at stories
from even elite athletes who were screwed over, screwed over
by financial advisors, all types of people, da da dada,
you'll see stories or where elite athletes were going to
(42:44):
kill people. There's elite athletes that went to.
Speaker 3 (42:48):
Prison for certain things.
Speaker 6 (42:51):
Think about it, people, we're bringing all of that down now,
it's not just elite, we're bringing.
Speaker 3 (42:57):
All the way down college to high school.
Speaker 6 (43:01):
So that's more people where these other things can happen
as well. So the more we're positioned to be knowledgeable
in this competent in this the more position we are.
Speaker 3 (43:15):
To control chaos.
Speaker 6 (43:16):
Chaos only comes from the lack of knowledge and thrown out.
Speaker 3 (43:20):
And I don't want the fear mongering.
Speaker 6 (43:22):
I don't want us unhappy that people throw that stuff out.
Speaker 3 (43:25):
I promise you.
Speaker 6 (43:25):
The stuff that we've seen and it was chaotic because
people didn't know is things that happen in establish industries.
Speaker 3 (43:31):
Calm down, figure out, athlete by athlete what their situation is.
Speaker 6 (43:36):
Become educated on what the parameters are and which you
can operate, and make sure that you don't set yourself
up in a position where you're screwed over either. We
make sure all those things are done. This can actually
be something that moves us in a great trajectory in
life as well. So there's a good side on it.
Speaker 3 (43:57):
Yeah.
Speaker 6 (43:57):
So if there are no questions, and I'll check ig
just to make sure before it. Yeah, if there are
no questions and minds you if I even if you
for replay. Those who may watch this on a replay,
you can always drop your question in a comment if
you end up hearing it on a podcast. On the podcast,
of course, you can't comment on there, but you can
come back to that actual segment that you air listen
(44:20):
to and come back and drop the comment there. So
that is a wrap for this episode. Bite size, that's
a rap for today. That's where the Austin case leaves us.
It's it's it's not a finished structure, obviously we're gonna
talk about that, but it is a framework that shows
you know what was possible or rules are gone, they
(44:42):
were challenged. We're in new ones and you can help
shape those new ones and be ahead of the game
in the new ones. So again the question is and
whether you know change will come anymore? That's that's no
longer the question. Now we're looking at how far we'll
it go and how fast we'll go. You need to
be in a power or position with that, because power
isn't just taken, it's managed, it's protected, it's.
Speaker 3 (45:05):
Grown by those who are prepared to hold it.
Speaker 6 (45:08):
So we'll explore the next thing, the house settlement, and
the next segment. I thank you for being hungry to
be elevated. Until next time, I want to say peace
and progress.
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