August 25, 2025 • 62 mins
In the first two segments, we went from the foundation of NIL’s fight to the cracks revealed in Alston, one theme is clear: competence matters. This moment is an opportunity—but only if athletes have the right knowledge, the right team, and the discipline to get it right. Without that, deals can become traps instead of tools.
🎙 In Segment 3, we’ll break down the current House Settlement, the federal push, and where states stand in the tug-of-war for control. 🧠 Tune in ready to learn, reflect, and reframe what you thought you knew about NIL in college sports. Seek ELLAvation® is available on all major podcast platforms.
--- 🔜 Up Next on the NIL Series: 🎧 Segment 4: Ownership, Opportunity & the Next Era Where is this all going? We’ll break down the House settlement, what NIL 2.0 could look like, and how athletes can shift from participation to possession of their value and voice.
🎙 In Segment 3, we’ll break down the current House Settlement, the federal push, and where states stand in the tug-of-war for control. 🧠 Tune in ready to learn, reflect, and reframe what you thought you knew about NIL in college sports. Seek ELLAvation® is available on all major podcast platforms.
--- 🔜 Up Next on the NIL Series: 🎧 Segment 4: Ownership, Opportunity & the Next Era Where is this all going? We’ll break down the House settlement, what NIL 2.0 could look like, and how athletes can shift from participation to possession of their value and voice.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
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Speaker 6 (01:49):
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Speaker 5 (02:02):
Welcome, Welcome, Welcome to another segment of Seek Elevation with
yours truly Attorney Elakisha. Yes I am an attorney, but
I may not be yours and being that I'm not,
I'm not giving you legal advice when I talk about
legal topics, and I will do that with our current topic,
(02:23):
the NIL era in college sports.
Speaker 4 (02:25):
This is a four part series on that. But I'm
not giving you legal advice.
Speaker 5 (02:30):
I am giving you very pertinent, important, vital legal information
that can help you in this space. But right now
you are just tuning into the Seek Elevation experience. This
is where real issues and real people and real conversations
takes in a stage because we know, and I keep
(02:50):
saying it, change doesn't happen in silence. And we have
conversations from sports and entertainment to business and community, and
we elevate voices that need to be heard. But we
don't just talk here. We empower, we inspire, and we
challenge the status quo. And I always challenge you to connect.
(03:10):
The more you connect, the more you stack up with
the right people that are aligned with you, the more
you elevate. So we're gonna go ahead and get into
today's segment, but again a little recap. This is episode three,
segment three of the four part segment Power plays the
(03:30):
NIL era and college sports, and we meet up here
every Tuesday. We have met up every Tuesday, and we're
almost done. We only have one segment after this. We
started off with segment one and two. We went from
the foundation. We talked about a little bit about the
historical aspect of NIL very important to know, and then
(03:53):
we move to the framing of it. And now we're
gonna talk about the house that is being built. The house,
and there is a pun intendent intended when I say that. So,
if you are just tuning in right now, just a
little bit about me. Other than being an attorney, I
(04:13):
am a former collegiate.
Speaker 4 (04:14):
Athlete, coach, elite athlete. So I get it. I'm speaking
from a perspective of I get it.
Speaker 5 (04:19):
Not only was I collegiate athlete, but I finish off
my collegiate career in a Power five school, which is
one of the schools that was named as a defendant
in the case that we're going to touch on today.
Speaker 4 (04:35):
So I get it. So in segment three, I want
us to go ahead and step into.
Speaker 5 (04:42):
This tug of war that followed between that followed the
Austin case between the NCAA, the state, the schools, the conferences,
and then of course the federal government was kind of
thrown in. There were people that was begging for them
(05:04):
to join their side of the tuggle war, and we'll
get more into that. But in addition to these entities,
and we had the fast growing influence of collectives and
those who understand college sports do already understand the term boosters, right,
Like there's booster clubs that will help the institution and
(05:27):
be that bridge between athletes and institutions. There's always been
some type of issues there making sure that no one
crossed the line when we're talking about boosters, especially when
it came to sports such as football. But then you
add to that mix these collectives, these businesses that formed
these LLCs that formed that said, hey, we are the
(05:51):
face of these particular colleges, but we're really here to
identify and to help with business deals with these athletes.
Be that liaison to land those deals, get them some money,
and hopefully get their attention to come to those schools.
Speaker 4 (06:12):
But let me ask you something before we go further.
Speaker 5 (06:18):
I want to recap some terms, some vital terms that
I said that you should know, and if you don't
know them, again, I highly encourage you to go to
segment one and two. These segments are built upon each other.
If you're going to be in the NIL space, and
I'm speaking from a athlete perspective right now, right, one
(06:39):
of the things that is extremely frustrating as athletes is
to depend on professionals, whatever your profession is, right, depend
on professionals whether it's attorneys, agents, managers, and you do
the thing your thing.
Speaker 4 (06:54):
You do your thing. You may know how to negotiate recontracts.
Speaker 5 (07:00):
Professional would be maybe someone that's helping me with taxes,
But you don't understand the life and you're disconnected from that,
and this case, you don't understand what's going on in
the industry. If we're going to show up, and this
is in any industry you're in, if you're going to
show up, you have to least understand the basics of
(07:23):
where you're showing up, Understand the jargon, understand you know,
just being the know of what's relevant. It's timely because
you'll be more respected if that happens. And this is
a very complex and very dense topic, so I think
go over everything. But I was giving you enough to
(07:43):
know to show up in rooms, whether you're the athlete, yourself, parents, coaches,
or someone representing athletes, to have enough information to at
least show that you're somewhat in the know. If you
walk into a room of individuals and they're having a
conversation and they mentioned Obannon, do you know how to
(08:04):
jump in that conversation If they say, oh, man, that
old Bannon case, could you have imagined we've come this
far just from that?
Speaker 4 (08:14):
If they asked you that question, would you know how
to engage? Would you know how to respond?
Speaker 5 (08:21):
If you were in a room of individuals and they
just said Austin, Austin really impacted this NIL era. I
wonder how long we would have been going on if
it wasn't for Austin, even though it wasn't about getting
paid in NIL money for athletics.
Speaker 4 (08:41):
Would you know how to engage in that conversation?
Speaker 5 (08:43):
Now, what if someone just you are a group of people,
or you know, you were talking to your athletes, or
you were around someone who said, oh, I can't oh,
they find out that you're in the NIL space.
Speaker 4 (08:57):
Like why are you in the NIL space?
Speaker 2 (08:59):
You know?
Speaker 5 (08:59):
That's Oh I just have something against that. These these
student athletes, why don't they just focus on.
Speaker 4 (09:06):
Being in college. That's the perk, that's the benefit.
Speaker 5 (09:10):
Why are they so pressed on getting this money that's
that has not been the history of sports in college.
I mean, they should just focus on the history. We're
here to enjoy sports. The sports helped develop the student
with these characteristics that probably the general student population don't have.
Speaker 4 (09:32):
Just appreciate that I mean, this is they're amaturist. This
is amaturism. They're student athletes.
Speaker 5 (09:37):
Now, what if someone had that conversation with you, what
would you be able to say back and sound knowledgeable
in that conversation if they throw out the terms and
spoken the context of amateurism and being focused on being
a student athlete and the history of sports was founding
(10:00):
founded on that, what would you be able to say,
Because one thing you don't want to do is have
someone who's not practicing in the space in the area
you're practicing in come off as if they know more
than you know in your area. So I answer you
if you didn't answer those questions in your mind as
I asked them, you didn't know how to answer them.
Speaker 4 (10:22):
Then again, go back to review segment one in two.
Speaker 5 (10:26):
But right now we are, you know, we're in a
space where athletes are finally getting what they had long
been denied. We're here now, right So that's not the
question anymore. They're getting they have their right to participate
in the marketplace. But there's so many other questions that
have opened up, and a significant part of them getting
(10:50):
that right, we know, was because of the Austin case.
But when NCAA step back after the Austin case, they
they stepped back to regroup themselves. They stepped back to
figure out, what policies do we need to roll out.
We need to step back and get it together because
(11:12):
we weren't prepared that it was gonna fall this way.
I mean, I'm not in their head, but if you
look at the circumstantial evidence, they weren't prepared for that.
Speaker 2 (11:23):
Right.
Speaker 5 (11:23):
They had to say, whoa, after the Alston finding, we
need to step in here and develop an intrim policy.
And while they were doing that, there were states already
all over it. So when the NCAA stepped back, then
they didn't hand over, and they stepped back and came
back in with an entrant policy. They didn't hand over
(11:44):
a clear rule book, right, they didn't hand over something.
Here's the entrant policy, and it's very clear on what
needs to be done until we lay out a more
permanent thing. And what they did hand out in the
intrum was something that was to everyone and no one
all at the same time. It was very circular.
Speaker 4 (12:06):
And what do I mean by that?
Speaker 5 (12:07):
It was a policy that was developed issued and when
you read the policy, a lot of it will point
back to, hey, this is what the NCAA feel, but
we defer to your particular institution or this is the
NCAA feel, and pay attention to your state laws if
you have one.
Speaker 4 (12:28):
But everyone was doing that.
Speaker 2 (12:30):
Now.
Speaker 4 (12:30):
The institution was putting policies out.
Speaker 5 (12:32):
We're putting policies out, and then they'll say this institution policy,
but pay attention to the NCAA and the state law.
Speaker 4 (12:38):
State laws were doing that.
Speaker 5 (12:39):
State laws are saying, here's what we find in the legislation,
and we are also respecting and adhering to policies that
are laid out.
Speaker 4 (12:52):
You had some state laws where.
Speaker 5 (12:56):
In the legislation as far as the effect of dat right,
it'll say, okay, this legislation is effective on this date,
and some of them has sunset clauses like it's going
to be effective until this particular time. And Georgia was
one of those states. So when our law legislation nil
(13:17):
law came out, it was like, here are the laws.
These are the things that I want you to you know, understand,
and some things were deferring to with the.
Speaker 4 (13:27):
NCAA and institution.
Speaker 5 (13:29):
However, this law is effective until some type of rules
or policies are put into place, either by federal law
anything that's after March thirty first, or if it's rules, policies,
procedures in general, which did happen technically right, NCAA came
(13:49):
out afterwards.
Speaker 4 (13:51):
But then the last.
Speaker 5 (13:54):
Element was if one and two doesn't happen, regardless, this
legislation will not be effective. It will be repealed by
June thirtieth. So, no matter what happened one of those things,
we're going to make our state law and effective. And
(14:18):
so it looked different for each state with that, and
so it was very confused, and it was like, okay,
for state laws that are still in place with NCAA
policy and institution policy, where do we go with that?
But then what about the states where we no longer
have it, but you have these other things? Do we
(14:39):
now ignore what we were possibly.
Speaker 4 (14:41):
Following some of the things we're following for a state law?
Do we have recourse on certain things?
Speaker 5 (14:47):
It was chaotic, very chaotic, And to that, I say,
welcome to the decentralized nil era. That is what that developed.
But I always say this is my mantra and I
live by it. Where there's chaos, there's an opportunity there
are opportunities there to be found when there's a lot
(15:09):
of chaos. If you can find the comm in the chaos,
the competence in the chaos, then you'll find opportunities. But
you know, there were schools scrambling, juggling how to one
protect their brand image, putting out different type of policies
(15:31):
on that. Compliance departments had hadaches, hired new people, did
consulting outside of their college as well, because it was
a lot individuals. There's a lot of lawsuits continuing to happen,
and why they were happening. They wanted to make sure
that they weren't violating anyone's rights. And then schools were
(15:56):
also just dealing with risks of losing star players.
Speaker 2 (16:00):
Right.
Speaker 5 (16:01):
We got we had the transpporter that we mentioned before,
But you had these other institutions.
Speaker 4 (16:07):
Some were better off than others.
Speaker 5 (16:11):
Some had put together these great collectives and people were
offering money, throwing things out to the point where they
were running a file to a lot of laws. A
lot of them were doing pay for play. I've had
conversations and spoken to different people where you know they
(16:35):
loosely stated yeah, yeah, yeah, in that contract, if this
is accomplished and this is accomplished. You get that, and
I'm like, yeah, no, that's not how it's supposed to go.
But a lot of those things were created in contracts,
and it was a fine line between endorsement and inducement,
(16:59):
and that's how it look.
Speaker 2 (16:59):
You know, the.
Speaker 5 (17:01):
Power five conferences, such as the SEC, the Big Ten,
such as those two.
Speaker 4 (17:05):
They started to create.
Speaker 5 (17:06):
Their own NIL guidelines trying to fill the vacuum. But
a lot of people were just you know, making what
they thought was the best decision. Thought there were smart decisions,
at least for the most part, but they were doing
so without consistent rules or enforcement really true enforcement of
(17:31):
those rules.
Speaker 4 (17:31):
Because I will say this.
Speaker 5 (17:32):
And anybody who's in the NIL space, and you don't
have to be all the way in it, you can
kind of just be looking from the outside in. You
can clearly see this that there were things that you
can tell it was evident. It was evident that it
was pay for play. So even with some people saying, Okay,
if we don't know the details of this situation, we
(17:53):
can tell that something's not right here. So there were
no consistent enforcement of rules, let alone consistent rules. There
was there's truly no training was training in real time,
and there weren't really resources, even though the NCAA Instrum
policy did state that, you know, there were certain resources
that had to be created, especially on the campuses, such
(18:15):
as financial literacy and things like that to try to
you know, adhere to even what some of the state
laws were saying.
Speaker 4 (18:23):
You know, they had to have that in play.
Speaker 5 (18:25):
But because it was so quick, so spontaneous, it was
just a lot of things were just put together and
you're learning as you go.
Speaker 4 (18:35):
But because of that, we hear all the great stories,
right we hear some stories people put oh nil and
such and such got offered all this great you know,
money or opportunities or whatever it is products.
Speaker 5 (18:52):
But there were a lot, a lot of not so
good stories behind the scenes. And with me looking at
the opposite side, you know, reading cases or you know,
just paying attention to the lawsuits, there was a lot
going on. I'm gonna give you some examples. I'm not
(19:13):
going to mention the athletes, any of the athletes names.
It's public knowledge. You can absolutely find it. But why
am I not mentioning the names? I just don't want
to mention their names on the podcast. Something that you
can hear over and over again on here. That's more
of a motherly instinct for me. I'm not going to
(19:33):
call out these young students' names. I'm like that, But
i will give you the facts, the details, because it's
important for you to know because we're not out of
the clear and you still have to pay attention to
some of these things, right So I'm going to give
you those facts. But if you want to know for yourself,
then you can go dig and figure out who.
Speaker 4 (19:53):
I'm talking about.
Speaker 5 (19:54):
But when you're looking at the collectives, when you're looking
at these businesses and these organizations who were just jumping
out there and offering these opportunities, there were a lot
of athletes lives that was getting turned upside down. There
was one particular athlete who is a top tier quarterback.
I'm not gonna say it was a top tier quarterback,
(20:16):
definitely was considered a top tier quarterback recruited at that time,
and that particular athlete filed.
Speaker 4 (20:22):
A lawsuit.
Speaker 5 (20:24):
Against the University of Florida's Yes, I will mention the
schools they can take it. It is what it is,
right So at the University of Florida, if they filed
the lawsuit against the Florida Gators for nil fraud. The
lawsuit named the director of player engagement, it named the
(20:49):
head coach, and a major booster, and this particular athlete
claimed that they orchestrated a scheme to flip his commitment
from the University of Miami, who originally had offered nine
(21:11):
point five million to him. And what was Florida's offer
to make him want to flip, Well, it was a
staggering thirteen point eighty five million over four years, including
a one million signing bonus.
Speaker 4 (21:26):
But that money never came, and that was an issue
to a lot of deals.
Speaker 5 (21:35):
A lot of offers were put out there, and there
weren't a lot of people really bringing in the support
they need to make sure it didn't just it elevated more,
escalated more from an offer to actually a binding contract.
But in this case, he obviously felt it was and
(21:57):
you know, sued because of it because the money never came,
and he made a decision, took action based on that decision.
That particular quarterback ended up not going there. Obviously didn't
try to go back to Miami. Actually, I came here
to Georgia. So he was betrayed before even stepping on
(22:20):
the field. And you had another young man who was
a star running back that was you know, it was
a lot of things being said around him, a lot
of the offers being said talked about that he was
offered a lot of things that he received that was
(22:42):
being talked about that he received it because of you know, name,
image and likeness. And finally, this particular running back took
to social media and wanted to clear the air and
he had stated, listen, they didn't buy.
Speaker 4 (22:59):
Me my house I did. They didn't buy me my car.
Speaker 1 (23:05):
I did.
Speaker 5 (23:07):
And this's four hundred thousand dollars that I was told
I was going to be getting. They didn't give me
four hundred thousand dollars. I didn't even get a one
hundred thousand dollars of that. And he has stated the
collective lied, lied about everything, and he wanted the people
to know the truth behind the promises made broken. And
it continues not just males, not just football, right, it
(23:30):
was it was happening to females as well. You had
a particular female that attended the University of Florida and
was you know, very popular at the University of Florida
and landed a modeling, gig right landing, model opportunities, apparel opportunities,
(23:56):
all types of opportunities. And right after this athlete finished
second at the NCAA Championships, you know, she thought, Wow,
this stuff is coming in. I'm excited about it. I'm
getting all these offers, these brands are jumping on me.
(24:17):
It just seemed like a dream to her, right until
it wasn't. And she was receiving checks that didn't clear,
that bounced after she deposited, then deposited them, and you know,
just money's not supposed to be paid out elsewhere wasn't
(24:41):
being done either, and she felt that she was pretty
much scammed.
Speaker 4 (24:46):
She was scammed.
Speaker 5 (24:47):
So those are just some three examples, right there are
a polythorro more. We don't have the time to go
through that, but if you do your research, which I
implore you to do now. Of course, may have a
little more access to you know, some behind the scenes
legal stuff, but there is plenty of information out there,
(25:09):
enough at least for you to understand that you shouldn't
go blindly into anything and understand what's going on, or
if you're on the other side, like maybe there's some
individuals right those those sound like obviously bad intent, But
there are some companies that not necessarily have bad intent.
They just going with the flow, think they're doing the
(25:31):
best thing. It's good for you to also study read
so that you don't run a file to you know,
what you think you're doing right is not it's actually wrong.
But there are a lot of contracts out there where
these athletes have signed up to forty percent commissions on things.
(25:54):
They have bound themselves to posting or using their name,
image and likeness, which is fine. But what's not fine
is there's no parameters to that, there's no expiration to that.
Some of these contracts didn't speak to you know, yes,
(26:16):
this contract is active while I'm representing, but what happens
when you graduate, when you're no longer representing, Like, what happens?
Speaker 4 (26:25):
What is the start and end date? Is it in perpetuity?
Is it forever?
Speaker 5 (26:31):
Is there boundaries on how it's actually used? Is it
just for a particular product or is it for your
company to use it as you see fit?
Speaker 4 (26:42):
And a lot of these contracts didn't speak to that.
Speaker 5 (26:44):
There's intellectual property, which we call IP intellectual property provisions
that are.
Speaker 4 (26:51):
Not looked at a lot of them are very templated.
Speaker 5 (26:54):
And so you're passing it from athlete to athlete to athlete,
and a lot of these athlete again signing away a
lot with no parameters at all and not bringing in
legal advice. Now, you all who are agents and managers,
(27:15):
it's no slight to you. Firstly, go back to the
earlier segment. Like I said, you don't want to run
a file of the unauthorized practice of law. But even
if you don't, even if there's something in there that
you can actually speak of, sometimes legal advice will bring
it to that next level because they have a different
they have a keen eye. Even if you've been doing
this for years, you're like, I've seen these contracts over
(27:37):
and over and over and over again, been doing it
for years. I think where there is a separation to
least get some type of legal advice is one we're
trained on not just to look at Well. When I
say we very studious, competent, skilled attorneys, we're trained on
not just looking at what said. We're also trained thinking
(28:00):
about what's not said. But more importantly, those of us
who are a students stay up to date with cases.
We're able to think, not even think out of the box.
We're able to crush the box because we're we're seeing
so many different things happen, so many different cases, finding
(28:21):
our judges, finding different ways on cases, and we can
kind of look at each one or mix them together.
So I still think it's important to bring legal vice.
But everyone was just moving and they're just saying, Hey,
I just need a manager, I just need an agent.
Speaker 4 (28:39):
You need a team.
Speaker 5 (28:40):
You need if you're going to go big, you need
a team to make sure that you are right. Now,
having a team does not guarantee you doesn't make it
full proof that things won't happen. That's in life general,
that's in business transactions in general, that's in deals general.
But what will happen is when you do all the
(29:01):
things you're supposed to do and you have the team
to make sure you do it, you make it so
much more easier to have whatever that was supposed to
be done enforced. And so when you hear about these
athletes going to court, now you're spending money. You don't
even get money, you're spending money, and you just don't
know how the core is going to come down on
(29:24):
that situation. And here's the thing about all of these
contract deals, especially the ones that have ran.
Speaker 4 (29:35):
A file of the law. We probably won't be seeing
the full effect of all that. That's not right.
Speaker 5 (29:48):
We probably won't see the full effect of that until
about another five years, another five to ten years, when
you start to see things exposed or you think it
was this and it's something else or something just stop.
We won't see literally the full effect of the two
point zero exploitation.
Speaker 4 (30:11):
We just won't.
Speaker 5 (30:12):
And that's the part that it's you know, that's the
part that's troubling. But I'm sure it could be dot
with and it will be dot with whatever that means.
All right, So that brings us to right now, right
with all this stuff, all the chaos while this was happening,
the house was.
Speaker 4 (30:31):
Being built, you had the house settlement from the House
versus NCAA.
Speaker 5 (30:39):
And this was the case that combined three cases together
with one case that was brought up was two other
cases that was already going on, but made it the
whole class action.
Speaker 4 (30:49):
And it was going on for years.
Speaker 5 (30:51):
It started like in twenty twenty, but it continued to
go and it was finalized May twenty twenty five was
final line this year, and it actually went into affect
July first. But this class action suit that was bought
by you know, former and then current college athletes was
(31:14):
about not just about getting paid for their name, image
and likeness while they play the sport. It was more
about you always millions, millions and millions for when we
didn't get paid. Listen, as a matter of fact, you're
now saying that you can see to the fact that
(31:38):
athletes can get paid for name, image and likeness. What
has changed now that was different than before. So we
want back pay, we want we want our money, show
us our money. But more importantly, what about the lost
opportunities I had? There were opportunities out there for me
(32:00):
that I could have taken, and I lost those opportunities,
or there were opportunities that I did take and possibly
was penalized for those I think about Johnny Football, Reggie Bush.
People had to do things under the table. So this
case was more about it. It's a landmark case. It's
(32:21):
a big one.
Speaker 4 (32:22):
That's why I said, it's the house. It's building everything.
Speaker 5 (32:24):
We gotta put our furniture in there, but this is
the house from foundation framing to this house. That settlement,
the plaintiff attorneys plaintiffs are the people that's bringing the
case to court, and the defendant side the people that's fighting,
which in this case was the NCAAA, the Power five schools.
Speaker 4 (32:43):
They defended this right.
Speaker 5 (32:45):
They came together and decided we're going to come to
a meeting meetings of mind. Instead of a judge deciding
what the outcome is gonna be, we're gonna settle this
and we're gonna have conversations.
Speaker 4 (33:00):
And it took all these.
Speaker 5 (33:00):
Years between fighting fighting, fighting today finally decided Okay, we're
gonna have to come up with something.
Speaker 4 (33:06):
We're gonna converse. There was so many times that.
Speaker 5 (33:11):
Justice Wilkins was like, Okay, we're coming here and hoping
it needs to be a mendic going back and forth,
and they landed on it, and they landed on a
settlement that allowed over two billion dollars two point five
seven billion dollars to be paid in damages over ten
year period. And then they laid out what this breakdown
(33:34):
would actually look like in addition to this these billions
of dollars being paid, what it would look like for
a new revenue sharing framework, what it would look like
for roster like people being able to join receiving direct
pay from colleges. What does it look like as far
(33:55):
as dealing with third parties such as collectives, look at
creating third party enforcement agencies such as the college sports
Commissioner and Deloitte who will review contracts.
Speaker 4 (34:11):
So that's what all this looked like, right, and so
this was huge.
Speaker 5 (34:16):
You went to Effect and they already said, okay, you
have a defendants. The defendants are who's named in here,
but there's people that weren't named in here. There's other
Division one schools not part of Power five. You weren't
named in here, but you had an opportunity to opt in.
Speaker 4 (34:32):
You opt in.
Speaker 5 (34:33):
If you opt into the settlement, then you follow the
guidelines based on this settlement, the guidelines that applies to
the defendants in this settlement, and you will be under
your receive you know, the additional sports will receive additional
moneies because they broke it down on how moneys is
going to be broken down, Right, you're gonna get they're
(34:56):
gonna give one point nine seven billion dollars that's gonna
be paid out for broadcast name image and likeness, video
name image and likeness and lost opportunities for those Power
five athletes that played and attended between a certain time,
(35:16):
and then they're gonna give six hundred million to additional sports.
They're gonna give to men and women's basketball that's not
part of the Power five football, that's not a part,
and then additional sports. And so many issues right now
have arisen already because of it. One some school's decided
(35:37):
we're going to opt in and we're gonna adhere to this.
And because of that, there's a contract I'm hearing as
a contract that's circulated, that was drafted, a draft contract
that went out and I believe it may be finalized
already for these institutions to sign. Because while this House
settlement is out, there are still some state laws out
(36:00):
out there, there are still representatives that are pushing hard
against this, and the NCAA want to make sure we're
not sued by an institution for sure, for us enforcing
the settlement between us. So there are those who opt
in who have to sign things, sign a contract, and
(36:21):
there's those who can decide to opt out. And if
they opt out, then they can't, you know, obviously they
don't have to adhere to the stipulations of the settlement,
but they also don't get the benefits.
Speaker 4 (36:31):
Of them either. So the issue two issues.
Speaker 5 (36:37):
Came immediately immediately with the settlement that you should know
if you're in this nil space immediately because they're not
resolved yet. The first issue was a Title nine issue
when I just told you a minute ago the additional moneies,
the six hundred million that's going to be paid out,
So you already have the broadcast the video lost opportunity.
Speaker 4 (37:00):
We already know.
Speaker 5 (37:01):
Really if we're looking at broadcasting video, we're looking at
specific sports. We just have to be honest with that.
I mean, you got football, you got basketball. Some things
you just can't argue. But when you look at this
additional monies, they're now even saying, okay, with the additional
moneyes we paid out, then we're gonna pay out seventy
five percent of that six hundred million to football, the
(37:22):
not part five the we're gonna pay fifteen percent out
to men's basketball, five percent out to women's basketball, and
then the last five percent we're gonna spread it amongst
the other additional sports.
Speaker 6 (37:34):
And so.
Speaker 4 (37:36):
The percentage the distribution of that already raised issues.
Speaker 5 (37:40):
Right, If seventy five percent football, I understand it may
have be some kickers that have been women, but we
know for the most part football don't be meant.
Speaker 4 (37:51):
It's very clear. They said men's basketball, that's fifteen percent,
So do my math. That's five five is that already.
Speaker 5 (38:02):
Men, and five percent to women's basketball, and five the
last five percent is additional sports, so that's other sports
that may have men, not just women.
Speaker 4 (38:12):
So it's already a.
Speaker 5 (38:13):
Title nine conversation. And then when they look at the
revenue share that the schools are able to distribute, they're
already saying that they feel like the schools are going
to mirror the same distribution percentage of the six million
(38:33):
that's being paid out.
Speaker 4 (38:34):
They feel it's going to go that way. Right, if
we can share up.
Speaker 5 (38:39):
To twenty plus percent of our revenue shares, we're gonna
share with football first, that's what we feel.
Speaker 4 (38:44):
Bring it in.
Speaker 5 (38:45):
We're gonna share with men's basketball if we have men's basketball,
and then down, down, down, and so right now, immediately
that's what you're dealing with. So depends on who you know,
who your athlete are. If you're dealing with men or women,
that is a very very very huge thing. And then secondly,
(39:07):
the second issue that immediately happened. And this was actually
brought by the plaintiff's attorney, the people that brought the
case when it went into effect, and nil go Deloitte's
system of checking these contracts because they said, we're going to.
Speaker 4 (39:28):
Check if it's six hundred dollars more, you're gonna.
Speaker 5 (39:30):
Gotta submit these contracts for review. We're gonna go back
and check these contracts that were already established, and we're
gonna review them to make sure that they haven't run a.
Speaker 4 (39:40):
Foul of the law. Now, what did I just say
when I started?
Speaker 5 (39:44):
I just said that most of those contracts they already
were paid for play.
Speaker 4 (39:51):
It's very evident.
Speaker 5 (39:54):
And if I'm gonna be honest, it's very hard not
It's very hard not to be. But even if it's not,
but even if it's hard not to be, how you
put it on paper makes the difference. What you put
on paper is will get you in trouble. And on
paper they said, we're gonna review, make sure it's fair
market value, make sure it's not running a foul.
Speaker 4 (40:14):
And what did they do. They got a lot of
contracts and they were already going in on contracts, say
to canceling this canceling that. Oh it went, it.
Speaker 5 (40:23):
Went, It went crazy, and the planet's attorney came in.
It was like, wait, listen, we're breaching a settlement agreement already.
And I think it was because not just so much
to cancel the contracts, but there was no due diligence,
There was no you know, conversation, there was no inclusion
on that.
Speaker 2 (40:41):
And so.
Speaker 5 (40:43):
They stepped back, the defendants they did. They stepped back,
and right now they're under a agreement that's in place
right now that's helping them, helping them right now. How
it's going to unfold, not sure, but they did at
least come up with something right now to say, let's
(41:06):
put a break on just unraveling.
Speaker 4 (41:11):
All of these contracts and let's figure this out together.
Speaker 5 (41:14):
So how that's going to unfold. You need to know
that you and this nil space are you going to
entern an nil space?
Speaker 4 (41:20):
Know that moving forward, you get.
Speaker 5 (41:24):
A deal that six hundred dollars or more, and that
could be in kind, not just cash. It's going to
be scrutinized.
Speaker 4 (41:31):
And the one thing that is very hard with that
is their measurement of fair market value.
Speaker 5 (41:37):
What does that look like? Athletes to athlete situations and
situations who are they comparing who to? What are they
comparing what to? So a lot of that already started happening, happening,
and so President Trump said, okay, he was already summoned
several times. It was already written that there were individuals meeting,
(42:02):
you know, with President Trump over golf.
Speaker 4 (42:05):
All this.
Speaker 5 (42:05):
There was already conversations, listen, we need you. We need
federal lawmakers to step in because we don't see an
end too this. Even with the House settlement, it's going
to be a new issue. Because Justice Wilkins said that.
She said, listen, I'm ruling only on the issue that's
in front of me, which judges only do can do,
and whatever settlement is, I'm here to make sure I
(42:27):
enforce that. I'm not saying that there's not other lawsuits
that can come out from this. And there were people waiting.
She said, I'm not dealing with that now.
Speaker 4 (42:37):
You can wait. Once the finalized House, this finalized settlement comes.
Speaker 1 (42:41):
Out, go for it.
Speaker 4 (42:43):
And that's what happened. They went for it.
Speaker 5 (42:44):
So they were like, listen, President Trump, help, we need
we need federal lawmakers a step into the situation. We
need an attempt to create some type of national framework
that can bring consistency, hopefully clarity with all of the chaos.
(43:04):
And the Score Act was mentioned. It has not been
enforced or you know, completely out there yet, but it
is federal law that was introduced to protect what it's
saying it's supposed to protect, you know, the NLI rights
(43:25):
for student athletes. It will obviously make a uniform standard.
And in that uniform standard, it would override state laws
because when you're looking at federalism, if there are laws
that governed state and laws that govern federal and this
(43:48):
governs in a particular area like interstate commerce, which this
if you read all the cases, that's what's brought up
when we're talking about anti trust laws.
Speaker 4 (43:56):
The federal law would trumpet.
Speaker 5 (43:59):
That's just the supremacy clause like laws going to win.
So it will bring uniformity. To be honest with you,
I would like that. I would like that for several reasons.
I would like federal law to bring uniformity. One what
that uniformity is that's another question. But I would like
(44:21):
to have some type of standardized understanding from state to state.
And two, it helps attorneys because it would be federal
law would be federal practice.
Speaker 4 (44:32):
It helps attorneys to be able to help athletes in
all different states.
Speaker 5 (44:37):
You don't have to just help them in the state
in what your practice a license to practice, it's now federal,
so it's your license. Then you can practice federal law.
So I would like it for those particular reasons to
move forward. But the federal legislation is also talking about
(45:00):
agent representation, legal representation, mandatory disclosures. It does mention addressing
these collectives. It mentions a lot of different stuff, and
it is also charging putting a charge. Hey, National Labor
Relations Board, because we have this employer employee argument, what
(45:27):
are we going to do here? And it looks like
they're looking at barring this employee classification. That's what it
looks like legislation wants to do that.
Speaker 4 (45:39):
You know, we want to bar that. We don't want
that to happen. We want it to be still your
student athlete, not employee employee. But we're pushing this.
Speaker 5 (45:50):
Let's finalize that because the NLRB, and someone mentioned this
in our last segment, which we were absolutely correct, did
look at cases. The look at dark Northwestern. In one case,
Northwestern is like, yeah, we actually do. If you look
at the elements of employee employee relationship, they're there. However,
(46:10):
we don't have jurisdiction over this because you're a private school,
but you're in a conference that have schools that are
not private schools, and that's not our jurisdiction. Well, when
Dartmouth came, it was like, okay, well you are private school,
and they pretty much gave them the thumbs up and.
Speaker 4 (46:28):
They were looking at unionizing.
Speaker 5 (46:31):
So this federal legislation is going to have to speak
to that, especially what's going on right now.
Speaker 4 (46:44):
So I have a question here.
Speaker 5 (46:48):
Are there Are there any athletes that are willing to
share their experiences before the changes took place, before the
changes to place, and now are reaping the benefits of
the chain. We need we need more athletes too, but
we don't know sometimes too in these contracts, we don't
(47:11):
know what they're allowed to say or not say, allowed
to share or not share when they're under a contract.
So it depends on the contractual relationship and what they're
actually bound to as far as confidentiality. But the one
thing I do believe is there's going to be when
(47:33):
people are out and they can there's going to be
a lot more stories that's going to be shared and
hopefully we can see from some of those who are
reaping the benefits. And I'm going to talk about some
of those who are actually reaping the benefits in segment four,
Deon sanders Son. And yes, I know some people are
going to say, oh what, that's just Deon sanders Son.
(47:54):
But there's some other athletes that bring up in there
that don't have a famous dad like Deon sanders that
are actually reaping the benefits. But I'm going to tell
you why they're reaping the benefits a little bit. I'm
gonna tell you why because we're going to talk about
it in the very last segment. They're reaping the benefits
because they understood that now that I got this right
in the marketplace, I understand that this.
Speaker 4 (48:15):
Is a business.
Speaker 5 (48:16):
I am a student athlete business person, and the ones
I'm going to give example showed I put the people
around me to help me understand this and navigate this
because as an athlete, that's what I understood. And I
love that people were, you know, attracted to me to
give me money. But I had the mindset that I
(48:39):
really want to maximize this and So the ones who
are reaping the benefits of this nil right are the
ones who literally have the people around them to help
them navigate it, and they look at it more than
just getting some money right now for their name, image
(48:59):
and likeness. They look at it as a situation that
sets them up beyond their sport. That's what the difference
I'm seeing, and I'm not shocked by it. But I
will talk about some of those athletes in the very
last segment. I plan to mention those so I can
give people guidance on some to do actions on how
to move forward in this to not be scared. This
(49:21):
information is for you to understand what not to do,
and you're going to get some how tos on how
you should move forward. So right now, the legislation is
stalled in Congress. And while it's stalled, they're like, listen,
it's stalled. We don't want to keep arguing this is
this is this is crazy. Yes, these colleges have to
(49:43):
sign these contracts if they can't sue, but it's just
it's NonStop. And so Trump decided to throw down an
executive order, you know, until they finalize because that has
to go through voting. We don't know if the legislation
is going to pass you know, through how Senate, everybody
that it needs to go through, We don't know. I
(50:04):
believe it did already make it through one step, but
it may get stuck in this final step.
Speaker 4 (50:08):
And so until we know if this legislation.
Speaker 5 (50:14):
Will pass, Trump decided, Okay, I'm going to come out
and put out this executive order. And it's got executive
order call Saving College Sports, and it pretty much reinforces
the things that I already talked about as far as
the legislation, and that's helping people somewhat, right, because you
(50:38):
have this executive order. But the reason why I said
it's some people somewhat and the reason why I kind
of hesitate.
Speaker 4 (50:43):
It is because you have the lawmakers that's coming out
fighting against this tooth and nail.
Speaker 5 (50:51):
They know, they understand federalism, They understand federal preemption. They
understand that if this passes, the ones who are zealously protecting,
would they say, the full right of the athlete? They
understand for them, the stakes are high with a federal preemption,
(51:16):
with the clauses that have been introduced. They know that
once that's there, there's certain things that they can't push
against employer employee. The legislation in the Executive Order to
do talk about making sure we pay attention to those
(51:39):
smaller sports. It is talking about making sure we pay
attention to those women's sports.
Speaker 4 (51:47):
So it does mention that, but the.
Speaker 5 (51:50):
State legislators feel that that's not enough and that the
control will lean too far over back outside of the
athlete's hands. So I do want structure. I do want
federal legislation.
Speaker 4 (52:08):
I do want it to be.
Speaker 5 (52:10):
As fair as it can be. I do strongly agree
that we need guarbrails because we've seen what happened when
we're given something and something and we're not prepared. We
end up worse off a lot of times, except for
those ones who knew how to navigate it.
Speaker 4 (52:30):
They knew how to reap the benefit of it. But
there was more of those who didn't than it was
those who did. So I'm for it. What I just hope, though,
is that.
Speaker 5 (52:49):
When it's finalized and they go back and forth, it's
something that doesn't just say we pretty much circled all.
Speaker 4 (52:56):
The way back around. Now giving you money.
Speaker 5 (53:02):
Right, you're going to get this money, but it's still
going to be under the way we say you can
get it. So that's almost going all the way back around.
We have this college sports commissioner, we have this entity
reviewing contracts, and we have these arbitrary measurements fair market value.
(53:22):
When there's different type of factors. That's hard, that's hard
to compare. So I hope we get it right. In
the meantime, I want you to know how to get
it right, specifically by the information I just gave you.
Speaker 4 (53:38):
So to wrap it up, get it right by knowing
the key cases that I just talked to you about.
Speaker 5 (53:44):
So that way, you show up in rooms competent and
sure you're able to educate your athletes. If you're an athlete,
you are educated, and you can show up confident and sure.
Speaker 4 (53:56):
There's nothing better.
Speaker 5 (53:58):
Than the athlete, the person who is entering the deal,
showing up oozing readiness. That helps before we even open
up our mouths to negotiate contracts. I promise you all
these little things matter. So understand that understand that it's
(54:20):
not as chaotic, but it's still some chaos there because
there's still some things that have to be even in
the settlement, have.
Speaker 3 (54:26):
To be.
Speaker 5 (54:30):
Put in place, and they have to make sure when
I say they the parties to the contract, those schools
that opt in also make sure that they're not running
a file of the settlement. We still got to pay
attention to have deep, deep, deep conversations with women that
are playing in these sports running in these sports, have
(54:53):
deep conversations. We have to think out of the box
or crush the box when it comes to the type
of deals. So these are the things that's going to
help position you. Really pay attention to those things, and
pay attention to the executive order that's out right now.
Get familiar with what the legislation's proposed legislation is. We
don't know how it'll end up landing. Just be familiar
(55:16):
with that, but know what the executive order is saying
right now, and know why the states are pushing back here,
why they're pushing back. Knowing that information will also help
you into identifying and going into deals as well. It's
not just about law, it's about being informed so you
know how to actually, you know, actually move in the rooms.
(55:45):
He said, it's almost like defeating.
Speaker 4 (55:49):
All that was gained. If yeah, if you were not
prepared that it is it's not even almost it is.
It is.
Speaker 5 (55:56):
If you're not prepared. As a statement, just said, if
you're not prepared for the right that you want to
get from the fight, it's almost like you lost right
or you did lose at least temporarily. So we have
(56:17):
to if if you weren't prepared.
Speaker 4 (56:20):
We have to now be informed and do what we
need to do with that information to be prepared.
Speaker 5 (56:28):
On how to move forward. Because this is a continual
moving train, which is a good thing. It didn't stop
and you don't. It's a continual moving train. You now
can be informed and get prepared so that way you
are operating at the highest level. No matter who your
client is, you're operating at the highest level, or if
(56:49):
you are the client.
Speaker 4 (56:51):
The more we are prepared the better.
Speaker 5 (56:53):
But more importantly, the student athletes, this is a great
opportunity for you to change your generations, change your legacy.
You don't you don't want to have an opportunity that
is short lived, and everyone's throwing out these little short,
these little temporary opportunities.
Speaker 4 (57:12):
How can you make that a bigger situation? All right?
That is it for today. I did good.
Speaker 5 (57:21):
Listen so far, I'm hitting my goal. I did good
all three segments. I'm gonna keep that momentum four because
this is a topic that I hope.
Speaker 4 (57:34):
You can also hear just for my delivery.
Speaker 5 (57:37):
I'm very passionate about because it's the topic I'm passionate about,
and because it is a very dense, complex topic.
Speaker 4 (57:43):
This this can go on and on, but I.
Speaker 5 (57:49):
Committed to and did my due diligence and bringing it
to you in under an hour. That was my That
has been my goal, and bringing to you exactly what
you need to know to start now again for yourself,
for someone you're supporting now or in the future. Because remember,
this is what the kids are going to grow up in.
(58:11):
I was just on an AI panel. We're talking about
artificial intelligence. I'm not gonna say two point oh where
were at five point oh six point zero? A large
language model.
Speaker 4 (58:21):
These are where kids are growing up.
Speaker 5 (58:23):
You grow up in this stuff, and so they're going
to grow up into this and you have to understand
the ins and out in this too. Just by choosing
the sports, if they multi talented, different sports just helped
with a lot of decision making.
Speaker 4 (58:37):
When you talk about the nil when.
Speaker 5 (58:39):
You're looking at the school, you're looking at academics, and
you're looking at this, there's a lot of different things
that you need to look at and understand in order
to look at it better. So yeah, that's where we're
standing right now with the House sediment and effect and
third party enforcement agencies that have been established with the
n framework, and they'll store party enforcement again, Deloitte who
(59:04):
review contracts, the college sports commissioner who enforces these rules,
and we're at the brink of possible federal legislation. We
do have an executive order in place to bind how
the settlement, the House settlement is applied. And so in
our final segment, we're gonna shift from the policies and
(59:28):
the power that shifting from the policies to actually execution ownership.
And like I said earlier, I will give examples on that.
Just like we have some not so good, we have
plenty models of so good that we can talk about
and I will talk about that. So going from this
information to executing into owning better and what these rules
(59:54):
may possibly mean, let us forward think what we need
to be accountable for, how to protect athletes in real time?
Knowing all that through foresight, how can we do it?
So we're gonna shift our athletes, I mean shift our
segment conversation now going from surviving nil to thriving in
(01:00:20):
NIL and hopefully building systems that last beyond.
Speaker 4 (01:00:27):
The sport the game. All right, So I leave you
with this quot quote.
Speaker 5 (01:00:33):
Access creates opportunity, A competence turns it into ownership. He
asks for the access, but now you need the competence.
Thank you for tuning in and engaging. Thank you for
adding value. Ms von Duve, thank you so much. If
(01:00:55):
anybody has any questions and you were not able to
attend live again, please put the comments and your question
in the comments. Do not seek me out and find
me and email me. I will not respond to any
personal emails. I again am not giving personal legal advice,
(01:01:20):
but if you want to engage in a conversation, please
feel free to add your comment here. And also, they
drop on the podcast each segment before the next Tuesday
segment drops. Those segments one and two are now available
on all major streaming platform podcast platforms. So wherever you
(01:01:41):
your favorite place of listening to a podcast, you can
listen to it there. You can sit, you can walk,
you can drive, you can clean, you can get this
in your system, get it in your bones, and really
understand it because remember.
Speaker 4 (01:01:51):
The more you know, the more you grow.
Speaker 5 (01:01:54):
The more you learn, the more you can earn, and
in this case, the more your athlete can do. But
when you share, you show care. So don't keep this
knowledge to yourself. Please, especially this. I say that all
the time, and I can't help it. We talk about
great things. Spread the wisdom, tag a friend, and let's
elevate together until next time. Keep striving, keep growing, and
(01:02:19):
most importantly, keep seeking elevation, peace and progress.
Oh, there was a time people count to leave out.
Speaker 2 (00:17):
Put their mot me. I'm moking soup out. I got
to know to know what that says. But what I
believe that God's not bad. I don't need you to
bother me.
Speaker 1 (00:37):
I know who I help.
Speaker 3 (00:39):
I'm created a be and I'm better reflect what my
eyes did to see all the blackness, eye posis, less persibility.
Speaker 1 (00:59):
Know want to I see? Pay shut.
Speaker 4 (01:09):
Should I get me?
Speaker 1 (01:15):
There is no time really spend for the outside doll
and the betterin.
Speaker 5 (01:23):
Th bad.
Speaker 1 (01:26):
Boys, the inst.
Speaker 6 (01:28):
Still itself paid delis and kids they all they simple
monad fine something not take your mind.
Speaker 3 (01:39):
The later you buy your prisin one blowing.
Speaker 1 (01:45):
This play head bleave of time.
Speaker 6 (01:49):
All wait, then that's nine next reflect.
Speaker 5 (02:02):
Welcome, Welcome, Welcome to another segment of Seek Elevation with
yours truly Attorney Elakisha. Yes I am an attorney, but
I may not be yours and being that I'm not,
I'm not giving you legal advice when I talk about
legal topics, and I will do that with our current topic,
(02:23):
the NIL era in college sports.
Speaker 4 (02:25):
This is a four part series on that. But I'm
not giving you legal advice.
Speaker 5 (02:30):
I am giving you very pertinent, important, vital legal information
that can help you in this space. But right now
you are just tuning into the Seek Elevation experience. This
is where real issues and real people and real conversations
takes in a stage because we know, and I keep
(02:50):
saying it, change doesn't happen in silence. And we have
conversations from sports and entertainment to business and community, and
we elevate voices that need to be heard. But we
don't just talk here. We empower, we inspire, and we
challenge the status quo. And I always challenge you to connect.
(03:10):
The more you connect, the more you stack up with
the right people that are aligned with you, the more
you elevate. So we're gonna go ahead and get into
today's segment, but again a little recap. This is episode three,
segment three of the four part segment Power plays the
(03:30):
NIL era and college sports, and we meet up here
every Tuesday. We have met up every Tuesday, and we're
almost done. We only have one segment after this. We
started off with segment one and two. We went from
the foundation. We talked about a little bit about the
historical aspect of NIL very important to know, and then
(03:53):
we move to the framing of it. And now we're
gonna talk about the house that is being built. The house,
and there is a pun intendent intended when I say that. So,
if you are just tuning in right now, just a
little bit about me. Other than being an attorney, I
(04:13):
am a former collegiate.
Speaker 4 (04:14):
Athlete, coach, elite athlete. So I get it. I'm speaking
from a perspective of I get it.
Speaker 5 (04:19):
Not only was I collegiate athlete, but I finish off
my collegiate career in a Power five school, which is
one of the schools that was named as a defendant
in the case that we're going to touch on today.
Speaker 4 (04:35):
So I get it. So in segment three, I want
us to go ahead and step into.
Speaker 5 (04:42):
This tug of war that followed between that followed the
Austin case between the NCAA, the state, the schools, the conferences,
and then of course the federal government was kind of
thrown in. There were people that was begging for them
(05:04):
to join their side of the tuggle war, and we'll
get more into that. But in addition to these entities,
and we had the fast growing influence of collectives and
those who understand college sports do already understand the term boosters, right,
Like there's booster clubs that will help the institution and
(05:27):
be that bridge between athletes and institutions. There's always been
some type of issues there making sure that no one
crossed the line when we're talking about boosters, especially when
it came to sports such as football. But then you
add to that mix these collectives, these businesses that formed
these LLCs that formed that said, hey, we are the
(05:51):
face of these particular colleges, but we're really here to
identify and to help with business deals with these athletes.
Be that liaison to land those deals, get them some money,
and hopefully get their attention to come to those schools.
Speaker 4 (06:12):
But let me ask you something before we go further.
Speaker 5 (06:18):
I want to recap some terms, some vital terms that
I said that you should know, and if you don't
know them, again, I highly encourage you to go to
segment one and two. These segments are built upon each other.
If you're going to be in the NIL space, and
I'm speaking from a athlete perspective right now, right, one
(06:39):
of the things that is extremely frustrating as athletes is
to depend on professionals, whatever your profession is, right, depend
on professionals whether it's attorneys, agents, managers, and you do
the thing your thing.
Speaker 4 (06:54):
You do your thing. You may know how to negotiate recontracts.
Speaker 5 (07:00):
Professional would be maybe someone that's helping me with taxes,
But you don't understand the life and you're disconnected from that,
and this case, you don't understand what's going on in
the industry. If we're going to show up, and this
is in any industry you're in, if you're going to
show up, you have to least understand the basics of
(07:23):
where you're showing up, Understand the jargon, understand you know,
just being the know of what's relevant. It's timely because
you'll be more respected if that happens. And this is
a very complex and very dense topic, so I think
go over everything. But I was giving you enough to
(07:43):
know to show up in rooms, whether you're the athlete, yourself, parents, coaches,
or someone representing athletes, to have enough information to at
least show that you're somewhat in the know. If you
walk into a room of individuals and they're having a
conversation and they mentioned Obannon, do you know how to
(08:04):
jump in that conversation If they say, oh, man, that
old Bannon case, could you have imagined we've come this
far just from that?
Speaker 4 (08:14):
If they asked you that question, would you know how
to engage? Would you know how to respond?
Speaker 5 (08:21):
If you were in a room of individuals and they
just said Austin, Austin really impacted this NIL era. I
wonder how long we would have been going on if
it wasn't for Austin, even though it wasn't about getting
paid in NIL money for athletics.
Speaker 4 (08:41):
Would you know how to engage in that conversation?
Speaker 5 (08:43):
Now, what if someone just you are a group of people,
or you know, you were talking to your athletes, or
you were around someone who said, oh, I can't oh,
they find out that you're in the NIL space.
Speaker 4 (08:57):
Like why are you in the NIL space?
Speaker 2 (08:59):
You know?
Speaker 5 (08:59):
That's Oh I just have something against that. These these
student athletes, why don't they just focus on.
Speaker 4 (09:06):
Being in college. That's the perk, that's the benefit.
Speaker 5 (09:10):
Why are they so pressed on getting this money that's
that has not been the history of sports in college.
I mean, they should just focus on the history. We're
here to enjoy sports. The sports helped develop the student
with these characteristics that probably the general student population don't have.
Speaker 4 (09:32):
Just appreciate that I mean, this is they're amaturist. This
is amaturism. They're student athletes.
Speaker 5 (09:37):
Now, what if someone had that conversation with you, what
would you be able to say back and sound knowledgeable
in that conversation if they throw out the terms and
spoken the context of amateurism and being focused on being
a student athlete and the history of sports was founding
(10:00):
founded on that, what would you be able to say,
Because one thing you don't want to do is have
someone who's not practicing in the space in the area
you're practicing in come off as if they know more
than you know in your area. So I answer you
if you didn't answer those questions in your mind as
I asked them, you didn't know how to answer them.
Speaker 4 (10:22):
Then again, go back to review segment one in two.
Speaker 5 (10:26):
But right now we are, you know, we're in a
space where athletes are finally getting what they had long
been denied. We're here now, right So that's not the
question anymore. They're getting they have their right to participate
in the marketplace. But there's so many other questions that
have opened up, and a significant part of them getting
(10:50):
that right, we know, was because of the Austin case.
But when NCAA step back after the Austin case, they
they stepped back to regroup themselves. They stepped back to
figure out, what policies do we need to roll out.
We need to step back and get it together because
(11:12):
we weren't prepared that it was gonna fall this way.
I mean, I'm not in their head, but if you
look at the circumstantial evidence, they weren't prepared for that.
Speaker 2 (11:23):
Right.
Speaker 5 (11:23):
They had to say, whoa, after the Alston finding, we
need to step in here and develop an intrim policy.
And while they were doing that, there were states already
all over it. So when the NCAA stepped back, then
they didn't hand over, and they stepped back and came
back in with an entrant policy. They didn't hand over
(11:44):
a clear rule book, right, they didn't hand over something.
Here's the entrant policy, and it's very clear on what
needs to be done until we lay out a more
permanent thing. And what they did hand out in the
intrum was something that was to everyone and no one
all at the same time. It was very circular.
Speaker 4 (12:06):
And what do I mean by that?
Speaker 5 (12:07):
It was a policy that was developed issued and when
you read the policy, a lot of it will point
back to, hey, this is what the NCAA feel, but
we defer to your particular institution or this is the
NCAA feel, and pay attention to your state laws if
you have one.
Speaker 4 (12:28):
But everyone was doing that.
Speaker 2 (12:30):
Now.
Speaker 4 (12:30):
The institution was putting policies out.
Speaker 5 (12:32):
We're putting policies out, and then they'll say this institution policy,
but pay attention to the NCAA and the state law.
Speaker 4 (12:38):
State laws were doing that.
Speaker 5 (12:39):
State laws are saying, here's what we find in the legislation,
and we are also respecting and adhering to policies that
are laid out.
Speaker 4 (12:52):
You had some state laws where.
Speaker 5 (12:56):
In the legislation as far as the effect of dat right,
it'll say, okay, this legislation is effective on this date,
and some of them has sunset clauses like it's going
to be effective until this particular time. And Georgia was
one of those states. So when our law legislation nil
(13:17):
law came out, it was like, here are the laws.
These are the things that I want you to you know, understand,
and some things were deferring to with the.
Speaker 4 (13:27):
NCAA and institution.
Speaker 5 (13:29):
However, this law is effective until some type of rules
or policies are put into place, either by federal law
anything that's after March thirty first, or if it's rules, policies,
procedures in general, which did happen technically right, NCAA came
(13:49):
out afterwards.
Speaker 4 (13:51):
But then the last.
Speaker 5 (13:54):
Element was if one and two doesn't happen, regardless, this
legislation will not be effective. It will be repealed by
June thirtieth. So, no matter what happened one of those things,
we're going to make our state law and effective. And
(14:18):
so it looked different for each state with that, and
so it was very confused, and it was like, okay,
for state laws that are still in place with NCAA
policy and institution policy, where do we go with that?
But then what about the states where we no longer
have it, but you have these other things? Do we
(14:39):
now ignore what we were possibly.
Speaker 4 (14:41):
Following some of the things we're following for a state law?
Do we have recourse on certain things?
Speaker 5 (14:47):
It was chaotic, very chaotic, And to that, I say,
welcome to the decentralized nil era. That is what that developed.
But I always say this is my mantra and I
live by it. Where there's chaos, there's an opportunity there
are opportunities there to be found when there's a lot
(15:09):
of chaos. If you can find the comm in the chaos,
the competence in the chaos, then you'll find opportunities. But
you know, there were schools scrambling, juggling how to one
protect their brand image, putting out different type of policies
(15:31):
on that. Compliance departments had hadaches, hired new people, did
consulting outside of their college as well, because it was
a lot individuals. There's a lot of lawsuits continuing to happen,
and why they were happening. They wanted to make sure
that they weren't violating anyone's rights. And then schools were
(15:56):
also just dealing with risks of losing star players.
Speaker 2 (16:00):
Right.
Speaker 5 (16:01):
We got we had the transpporter that we mentioned before,
But you had these other institutions.
Speaker 4 (16:07):
Some were better off than others.
Speaker 5 (16:11):
Some had put together these great collectives and people were
offering money, throwing things out to the point where they
were running a file to a lot of laws. A
lot of them were doing pay for play. I've had
conversations and spoken to different people where you know they
(16:35):
loosely stated yeah, yeah, yeah, in that contract, if this
is accomplished and this is accomplished. You get that, and
I'm like, yeah, no, that's not how it's supposed to go.
But a lot of those things were created in contracts,
and it was a fine line between endorsement and inducement,
(16:59):
and that's how it look.
Speaker 2 (16:59):
You know, the.
Speaker 5 (17:01):
Power five conferences, such as the SEC, the Big Ten,
such as those two.
Speaker 4 (17:05):
They started to create.
Speaker 5 (17:06):
Their own NIL guidelines trying to fill the vacuum. But
a lot of people were just you know, making what
they thought was the best decision. Thought there were smart decisions,
at least for the most part, but they were doing
so without consistent rules or enforcement really true enforcement of
(17:31):
those rules.
Speaker 4 (17:31):
Because I will say this.
Speaker 5 (17:32):
And anybody who's in the NIL space, and you don't
have to be all the way in it, you can
kind of just be looking from the outside in. You
can clearly see this that there were things that you
can tell it was evident. It was evident that it
was pay for play. So even with some people saying, Okay,
if we don't know the details of this situation, we
(17:53):
can tell that something's not right here. So there were
no consistent enforcement of rules, let alone consistent rules. There
was there's truly no training was training in real time,
and there weren't really resources, even though the NCAA Instrum
policy did state that, you know, there were certain resources
that had to be created, especially on the campuses, such
(18:15):
as financial literacy and things like that to try to
you know, adhere to even what some of the state
laws were saying.
Speaker 4 (18:23):
You know, they had to have that in play.
Speaker 5 (18:25):
But because it was so quick, so spontaneous, it was
just a lot of things were just put together and
you're learning as you go.
Speaker 4 (18:35):
But because of that, we hear all the great stories,
right we hear some stories people put oh nil and
such and such got offered all this great you know,
money or opportunities or whatever it is products.
Speaker 5 (18:52):
But there were a lot, a lot of not so
good stories behind the scenes. And with me looking at
the opposite side, you know, reading cases or you know,
just paying attention to the lawsuits, there was a lot
going on. I'm gonna give you some examples. I'm not
(19:13):
going to mention the athletes, any of the athletes names.
It's public knowledge. You can absolutely find it. But why
am I not mentioning the names? I just don't want
to mention their names on the podcast. Something that you
can hear over and over again on here. That's more
of a motherly instinct for me. I'm not going to
(19:33):
call out these young students' names. I'm like that, But
i will give you the facts, the details, because it's
important for you to know because we're not out of
the clear and you still have to pay attention to
some of these things, right So I'm going to give
you those facts. But if you want to know for yourself,
then you can go dig and figure out who.
Speaker 4 (19:53):
I'm talking about.
Speaker 5 (19:54):
But when you're looking at the collectives, when you're looking
at these businesses and these organizations who were just jumping
out there and offering these opportunities, there were a lot
of athletes lives that was getting turned upside down. There
was one particular athlete who is a top tier quarterback.
I'm not gonna say it was a top tier quarterback,
(20:16):
definitely was considered a top tier quarterback recruited at that time,
and that particular athlete filed.
Speaker 4 (20:22):
A lawsuit.
Speaker 5 (20:24):
Against the University of Florida's Yes, I will mention the
schools they can take it. It is what it is,
right So at the University of Florida, if they filed
the lawsuit against the Florida Gators for nil fraud. The
lawsuit named the director of player engagement, it named the
(20:49):
head coach, and a major booster, and this particular athlete
claimed that they orchestrated a scheme to flip his commitment
from the University of Miami, who originally had offered nine
(21:11):
point five million to him. And what was Florida's offer
to make him want to flip, Well, it was a
staggering thirteen point eighty five million over four years, including
a one million signing bonus.
Speaker 4 (21:26):
But that money never came, and that was an issue
to a lot of deals.
Speaker 5 (21:35):
A lot of offers were put out there, and there
weren't a lot of people really bringing in the support
they need to make sure it didn't just it elevated more,
escalated more from an offer to actually a binding contract.
But in this case, he obviously felt it was and
(21:57):
you know, sued because of it because the money never came,
and he made a decision, took action based on that decision.
That particular quarterback ended up not going there. Obviously didn't
try to go back to Miami. Actually, I came here
to Georgia. So he was betrayed before even stepping on
(22:20):
the field. And you had another young man who was
a star running back that was you know, it was
a lot of things being said around him, a lot
of the offers being said talked about that he was
offered a lot of things that he received that was
(22:42):
being talked about that he received it because of you know, name,
image and likeness. And finally, this particular running back took
to social media and wanted to clear the air and
he had stated, listen, they didn't buy.
Speaker 4 (22:59):
Me my house I did. They didn't buy me my car.
Speaker 1 (23:05):
I did.
Speaker 5 (23:07):
And this's four hundred thousand dollars that I was told
I was going to be getting. They didn't give me
four hundred thousand dollars. I didn't even get a one
hundred thousand dollars of that. And he has stated the
collective lied, lied about everything, and he wanted the people
to know the truth behind the promises made broken. And
it continues not just males, not just football, right, it
(23:30):
was it was happening to females as well. You had
a particular female that attended the University of Florida and
was you know, very popular at the University of Florida
and landed a modeling, gig right landing, model opportunities, apparel opportunities,
(23:56):
all types of opportunities. And right after this athlete finished
second at the NCAA Championships, you know, she thought, Wow,
this stuff is coming in. I'm excited about it. I'm
getting all these offers, these brands are jumping on me.
(24:17):
It just seemed like a dream to her, right until
it wasn't. And she was receiving checks that didn't clear,
that bounced after she deposited, then deposited them, and you know,
just money's not supposed to be paid out elsewhere wasn't
(24:41):
being done either, and she felt that she was pretty
much scammed.
Speaker 4 (24:46):
She was scammed.
Speaker 5 (24:47):
So those are just some three examples, right there are
a polythorro more. We don't have the time to go
through that, but if you do your research, which I
implore you to do now. Of course, may have a
little more access to you know, some behind the scenes
legal stuff, but there is plenty of information out there,
(25:09):
enough at least for you to understand that you shouldn't
go blindly into anything and understand what's going on, or
if you're on the other side, like maybe there's some
individuals right those those sound like obviously bad intent, But
there are some companies that not necessarily have bad intent.
They just going with the flow, think they're doing the
(25:31):
best thing. It's good for you to also study read
so that you don't run a file to you know,
what you think you're doing right is not it's actually wrong.
But there are a lot of contracts out there where
these athletes have signed up to forty percent commissions on things.
(25:54):
They have bound themselves to posting or using their name,
image and likeness, which is fine. But what's not fine
is there's no parameters to that, there's no expiration to that.
Some of these contracts didn't speak to you know, yes,
(26:16):
this contract is active while I'm representing, but what happens
when you graduate, when you're no longer representing, Like, what happens?
Speaker 4 (26:25):
What is the start and end date? Is it in perpetuity?
Is it forever?
Speaker 5 (26:31):
Is there boundaries on how it's actually used? Is it
just for a particular product or is it for your
company to use it as you see fit?
Speaker 4 (26:42):
And a lot of these contracts didn't speak to that.
Speaker 5 (26:44):
There's intellectual property, which we call IP intellectual property provisions
that are.
Speaker 4 (26:51):
Not looked at a lot of them are very templated.
Speaker 5 (26:54):
And so you're passing it from athlete to athlete to athlete,
and a lot of these athlete again signing away a
lot with no parameters at all and not bringing in
legal advice. Now, you all who are agents and managers,
(27:15):
it's no slight to you. Firstly, go back to the
earlier segment. Like I said, you don't want to run
a file of the unauthorized practice of law. But even
if you don't, even if there's something in there that
you can actually speak of, sometimes legal advice will bring
it to that next level because they have a different
they have a keen eye. Even if you've been doing
this for years, you're like, I've seen these contracts over
(27:37):
and over and over and over again, been doing it
for years. I think where there is a separation to
least get some type of legal advice is one we're
trained on not just to look at Well. When I
say we very studious, competent, skilled attorneys, we're trained on
not just looking at what said. We're also trained thinking
(28:00):
about what's not said. But more importantly, those of us
who are a students stay up to date with cases.
We're able to think, not even think out of the box.
We're able to crush the box because we're we're seeing
so many different things happen, so many different cases, finding
(28:21):
our judges, finding different ways on cases, and we can
kind of look at each one or mix them together.
So I still think it's important to bring legal vice.
But everyone was just moving and they're just saying, Hey,
I just need a manager, I just need an agent.
Speaker 4 (28:39):
You need a team.
Speaker 5 (28:40):
You need if you're going to go big, you need
a team to make sure that you are right. Now,
having a team does not guarantee you doesn't make it
full proof that things won't happen. That's in life general,
that's in business transactions in general, that's in deals general.
But what will happen is when you do all the
(29:01):
things you're supposed to do and you have the team
to make sure you do it, you make it so
much more easier to have whatever that was supposed to
be done enforced. And so when you hear about these
athletes going to court, now you're spending money. You don't
even get money, you're spending money, and you just don't
know how the core is going to come down on
(29:24):
that situation. And here's the thing about all of these
contract deals, especially the ones that have ran.
Speaker 4 (29:35):
A file of the law. We probably won't be seeing
the full effect of all that. That's not right.
Speaker 5 (29:48):
We probably won't see the full effect of that until
about another five years, another five to ten years, when
you start to see things exposed or you think it
was this and it's something else or something just stop.
We won't see literally the full effect of the two
point zero exploitation.
Speaker 4 (30:11):
We just won't.
Speaker 5 (30:12):
And that's the part that it's you know, that's the
part that's troubling. But I'm sure it could be dot
with and it will be dot with whatever that means.
All right, So that brings us to right now, right
with all this stuff, all the chaos while this was happening,
the house was.
Speaker 4 (30:31):
Being built, you had the house settlement from the House
versus NCAA.
Speaker 5 (30:39):
And this was the case that combined three cases together
with one case that was brought up was two other
cases that was already going on, but made it the
whole class action.
Speaker 4 (30:49):
And it was going on for years.
Speaker 5 (30:51):
It started like in twenty twenty, but it continued to
go and it was finalized May twenty twenty five was
final line this year, and it actually went into affect
July first. But this class action suit that was bought
by you know, former and then current college athletes was
(31:14):
about not just about getting paid for their name, image
and likeness while they play the sport. It was more
about you always millions, millions and millions for when we
didn't get paid. Listen, as a matter of fact, you're
now saying that you can see to the fact that
(31:38):
athletes can get paid for name, image and likeness. What
has changed now that was different than before. So we
want back pay, we want we want our money, show
us our money. But more importantly, what about the lost
opportunities I had? There were opportunities out there for me
(32:00):
that I could have taken, and I lost those opportunities,
or there were opportunities that I did take and possibly
was penalized for those I think about Johnny Football, Reggie Bush.
People had to do things under the table. So this
case was more about it. It's a landmark case. It's
(32:21):
a big one.
Speaker 4 (32:22):
That's why I said, it's the house. It's building everything.
Speaker 5 (32:24):
We gotta put our furniture in there, but this is
the house from foundation framing to this house. That settlement,
the plaintiff attorneys plaintiffs are the people that's bringing the
case to court, and the defendant side the people that's fighting,
which in this case was the NCAAA, the Power five schools.
Speaker 4 (32:43):
They defended this right.
Speaker 5 (32:45):
They came together and decided we're going to come to
a meeting meetings of mind. Instead of a judge deciding
what the outcome is gonna be, we're gonna settle this
and we're gonna have conversations.
Speaker 4 (33:00):
And it took all these.
Speaker 5 (33:00):
Years between fighting fighting, fighting today finally decided Okay, we're
gonna have to come up with something.
Speaker 4 (33:06):
We're gonna converse. There was so many times that.
Speaker 5 (33:11):
Justice Wilkins was like, Okay, we're coming here and hoping
it needs to be a mendic going back and forth,
and they landed on it, and they landed on a
settlement that allowed over two billion dollars two point five
seven billion dollars to be paid in damages over ten
year period. And then they laid out what this breakdown
(33:34):
would actually look like in addition to this these billions
of dollars being paid, what it would look like for
a new revenue sharing framework, what it would look like
for roster like people being able to join receiving direct
pay from colleges. What does it look like as far
(33:55):
as dealing with third parties such as collectives, look at
creating third party enforcement agencies such as the college sports
Commissioner and Deloitte who will review contracts.
Speaker 4 (34:11):
So that's what all this looked like, right, and so
this was huge.
Speaker 5 (34:16):
You went to Effect and they already said, okay, you
have a defendants. The defendants are who's named in here,
but there's people that weren't named in here. There's other
Division one schools not part of Power five. You weren't
named in here, but you had an opportunity to opt in.
Speaker 4 (34:32):
You opt in.
Speaker 5 (34:33):
If you opt into the settlement, then you follow the
guidelines based on this settlement, the guidelines that applies to
the defendants in this settlement, and you will be under
your receive you know, the additional sports will receive additional
moneies because they broke it down on how moneys is
going to be broken down, Right, you're gonna get they're
(34:56):
gonna give one point nine seven billion dollars that's gonna
be paid out for broadcast name image and likeness, video
name image and likeness and lost opportunities for those Power
five athletes that played and attended between a certain time,
(35:16):
and then they're gonna give six hundred million to additional sports.
They're gonna give to men and women's basketball that's not
part of the Power five football, that's not a part,
and then additional sports. And so many issues right now
have arisen already because of it. One some school's decided
(35:37):
we're going to opt in and we're gonna adhere to this.
And because of that, there's a contract I'm hearing as
a contract that's circulated, that was drafted, a draft contract
that went out and I believe it may be finalized
already for these institutions to sign. Because while this House
settlement is out, there are still some state laws out
(36:00):
out there, there are still representatives that are pushing hard
against this, and the NCAA want to make sure we're
not sued by an institution for sure, for us enforcing
the settlement between us. So there are those who opt
in who have to sign things, sign a contract, and
(36:21):
there's those who can decide to opt out. And if
they opt out, then they can't, you know, obviously they
don't have to adhere to the stipulations of the settlement,
but they also don't get the benefits.
Speaker 4 (36:31):
Of them either. So the issue two issues.
Speaker 5 (36:37):
Came immediately immediately with the settlement that you should know
if you're in this nil space immediately because they're not
resolved yet. The first issue was a Title nine issue
when I just told you a minute ago the additional moneies,
the six hundred million that's going to be paid out,
So you already have the broadcast the video lost opportunity.
Speaker 4 (37:00):
We already know.
Speaker 5 (37:01):
Really if we're looking at broadcasting video, we're looking at
specific sports. We just have to be honest with that.
I mean, you got football, you got basketball. Some things
you just can't argue. But when you look at this
additional monies, they're now even saying, okay, with the additional
moneyes we paid out, then we're gonna pay out seventy
five percent of that six hundred million to football, the
(37:22):
not part five the we're gonna pay fifteen percent out
to men's basketball, five percent out to women's basketball, and
then the last five percent we're gonna spread it amongst
the other additional sports.
Speaker 6 (37:34):
And so.
Speaker 4 (37:36):
The percentage the distribution of that already raised issues.
Speaker 5 (37:40):
Right, If seventy five percent football, I understand it may
have be some kickers that have been women, but we
know for the most part football don't be meant.
Speaker 4 (37:51):
It's very clear. They said men's basketball, that's fifteen percent,
So do my math. That's five five is that already.
Speaker 5 (38:02):
Men, and five percent to women's basketball, and five the
last five percent is additional sports, so that's other sports
that may have men, not just women.
Speaker 4 (38:12):
So it's already a.
Speaker 5 (38:13):
Title nine conversation. And then when they look at the
revenue share that the schools are able to distribute, they're
already saying that they feel like the schools are going
to mirror the same distribution percentage of the six million
(38:33):
that's being paid out.
Speaker 4 (38:34):
They feel it's going to go that way. Right, if
we can share up.
Speaker 5 (38:39):
To twenty plus percent of our revenue shares, we're gonna
share with football first, that's what we feel.
Speaker 4 (38:44):
Bring it in.
Speaker 5 (38:45):
We're gonna share with men's basketball if we have men's basketball,
and then down, down, down, and so right now, immediately
that's what you're dealing with. So depends on who you know,
who your athlete are. If you're dealing with men or women,
that is a very very very huge thing. And then secondly,
(39:07):
the second issue that immediately happened. And this was actually
brought by the plaintiff's attorney, the people that brought the
case when it went into effect, and nil go Deloitte's
system of checking these contracts because they said, we're going to.
Speaker 4 (39:28):
Check if it's six hundred dollars more, you're gonna.
Speaker 5 (39:30):
Gotta submit these contracts for review. We're gonna go back
and check these contracts that were already established, and we're
gonna review them to make sure that they haven't run a.
Speaker 4 (39:40):
Foul of the law. Now, what did I just say
when I started?
Speaker 5 (39:44):
I just said that most of those contracts they already
were paid for play.
Speaker 4 (39:51):
It's very evident.
Speaker 5 (39:54):
And if I'm gonna be honest, it's very hard not
It's very hard not to be. But even if it's not,
but even if it's hard not to be, how you
put it on paper makes the difference. What you put
on paper is will get you in trouble. And on
paper they said, we're gonna review, make sure it's fair
market value, make sure it's not running a foul.
Speaker 4 (40:14):
And what did they do. They got a lot of
contracts and they were already going in on contracts, say
to canceling this canceling that. Oh it went, it.
Speaker 5 (40:23):
Went, It went crazy, and the planet's attorney came in.
It was like, wait, listen, we're breaching a settlement agreement already.
And I think it was because not just so much
to cancel the contracts, but there was no due diligence,
There was no you know, conversation, there was no inclusion
on that.
Speaker 2 (40:41):
And so.
Speaker 5 (40:43):
They stepped back, the defendants they did. They stepped back,
and right now they're under a agreement that's in place
right now that's helping them, helping them right now. How
it's going to unfold, not sure, but they did at
least come up with something right now to say, let's
(41:06):
put a break on just unraveling.
Speaker 4 (41:11):
All of these contracts and let's figure this out together.
Speaker 5 (41:14):
So how that's going to unfold. You need to know
that you and this nil space are you going to
entern an nil space?
Speaker 4 (41:20):
Know that moving forward, you get.
Speaker 5 (41:24):
A deal that six hundred dollars or more, and that
could be in kind, not just cash. It's going to
be scrutinized.
Speaker 4 (41:31):
And the one thing that is very hard with that
is their measurement of fair market value.
Speaker 5 (41:37):
What does that look like? Athletes to athlete situations and
situations who are they comparing who to? What are they
comparing what to? So a lot of that already started happening, happening,
and so President Trump said, okay, he was already summoned
several times. It was already written that there were individuals meeting,
(42:02):
you know, with President Trump over golf.
Speaker 4 (42:05):
All this.
Speaker 5 (42:05):
There was already conversations, listen, we need you. We need
federal lawmakers to step in because we don't see an
end too this. Even with the House settlement, it's going
to be a new issue. Because Justice Wilkins said that.
She said, listen, I'm ruling only on the issue that's
in front of me, which judges only do can do,
and whatever settlement is, I'm here to make sure I
(42:27):
enforce that. I'm not saying that there's not other lawsuits
that can come out from this. And there were people waiting.
She said, I'm not dealing with that now.
Speaker 4 (42:37):
You can wait. Once the finalized House, this finalized settlement comes.
Speaker 1 (42:41):
Out, go for it.
Speaker 4 (42:43):
And that's what happened. They went for it.
Speaker 5 (42:44):
So they were like, listen, President Trump, help, we need
we need federal lawmakers a step into the situation. We
need an attempt to create some type of national framework
that can bring consistency, hopefully clarity with all of the chaos.
(43:04):
And the Score Act was mentioned. It has not been
enforced or you know, completely out there yet, but it
is federal law that was introduced to protect what it's
saying it's supposed to protect, you know, the NLI rights
(43:25):
for student athletes. It will obviously make a uniform standard.
And in that uniform standard, it would override state laws
because when you're looking at federalism, if there are laws
that governed state and laws that govern federal and this
(43:48):
governs in a particular area like interstate commerce, which this
if you read all the cases, that's what's brought up
when we're talking about anti trust laws.
Speaker 4 (43:56):
The federal law would trumpet.
Speaker 5 (43:59):
That's just the supremacy clause like laws going to win.
So it will bring uniformity. To be honest with you,
I would like that. I would like that for several reasons.
I would like federal law to bring uniformity. One what
that uniformity is that's another question. But I would like
(44:21):
to have some type of standardized understanding from state to state.
And two, it helps attorneys because it would be federal
law would be federal practice.
Speaker 4 (44:32):
It helps attorneys to be able to help athletes in
all different states.
Speaker 5 (44:37):
You don't have to just help them in the state
in what your practice a license to practice, it's now federal,
so it's your license. Then you can practice federal law.
So I would like it for those particular reasons to
move forward. But the federal legislation is also talking about
(45:00):
agent representation, legal representation, mandatory disclosures. It does mention addressing
these collectives. It mentions a lot of different stuff, and
it is also charging putting a charge. Hey, National Labor
Relations Board, because we have this employer employee argument, what
(45:27):
are we going to do here? And it looks like
they're looking at barring this employee classification. That's what it
looks like legislation wants to do that.
Speaker 4 (45:39):
You know, we want to bar that. We don't want
that to happen. We want it to be still your
student athlete, not employee employee. But we're pushing this.
Speaker 5 (45:50):
Let's finalize that because the NLRB, and someone mentioned this
in our last segment, which we were absolutely correct, did
look at cases. The look at dark Northwestern. In one case,
Northwestern is like, yeah, we actually do. If you look
at the elements of employee employee relationship, they're there. However,
(46:10):
we don't have jurisdiction over this because you're a private school,
but you're in a conference that have schools that are
not private schools, and that's not our jurisdiction. Well, when
Dartmouth came, it was like, okay, well you are private school,
and they pretty much gave them the thumbs up and.
Speaker 4 (46:28):
They were looking at unionizing.
Speaker 5 (46:31):
So this federal legislation is going to have to speak
to that, especially what's going on right now.
Speaker 4 (46:44):
So I have a question here.
Speaker 5 (46:48):
Are there Are there any athletes that are willing to
share their experiences before the changes took place, before the
changes to place, and now are reaping the benefits of
the chain. We need we need more athletes too, but
we don't know sometimes too in these contracts, we don't
(47:11):
know what they're allowed to say or not say, allowed
to share or not share when they're under a contract.
So it depends on the contractual relationship and what they're
actually bound to as far as confidentiality. But the one
thing I do believe is there's going to be when
(47:33):
people are out and they can there's going to be
a lot more stories that's going to be shared and
hopefully we can see from some of those who are
reaping the benefits. And I'm going to talk about some
of those who are actually reaping the benefits in segment four,
Deon sanders Son. And yes, I know some people are
going to say, oh what, that's just Deon sanders Son.
(47:54):
But there's some other athletes that bring up in there
that don't have a famous dad like Deon sanders that
are actually reaping the benefits. But I'm going to tell
you why they're reaping the benefits a little bit. I'm
gonna tell you why because we're going to talk about
it in the very last segment. They're reaping the benefits
because they understood that now that I got this right
in the marketplace, I understand that this.
Speaker 4 (48:15):
Is a business.
Speaker 5 (48:16):
I am a student athlete business person, and the ones
I'm going to give example showed I put the people
around me to help me understand this and navigate this
because as an athlete, that's what I understood. And I
love that people were, you know, attracted to me to
give me money. But I had the mindset that I
(48:39):
really want to maximize this and So the ones who
are reaping the benefits of this nil right are the
ones who literally have the people around them to help
them navigate it, and they look at it more than
just getting some money right now for their name, image
(48:59):
and likeness. They look at it as a situation that
sets them up beyond their sport. That's what the difference
I'm seeing, and I'm not shocked by it. But I
will talk about some of those athletes in the very
last segment. I plan to mention those so I can
give people guidance on some to do actions on how
to move forward in this to not be scared. This
(49:21):
information is for you to understand what not to do,
and you're going to get some how tos on how
you should move forward. So right now, the legislation is
stalled in Congress. And while it's stalled, they're like, listen,
it's stalled. We don't want to keep arguing this is
this is this is crazy. Yes, these colleges have to
(49:43):
sign these contracts if they can't sue, but it's just
it's NonStop. And so Trump decided to throw down an
executive order, you know, until they finalize because that has
to go through voting. We don't know if the legislation
is going to pass you know, through how Senate, everybody
that it needs to go through, We don't know. I
(50:04):
believe it did already make it through one step, but
it may get stuck in this final step.
Speaker 4 (50:08):
And so until we know if this legislation.
Speaker 5 (50:14):
Will pass, Trump decided, Okay, I'm going to come out
and put out this executive order. And it's got executive
order call Saving College Sports, and it pretty much reinforces
the things that I already talked about as far as
the legislation, and that's helping people somewhat, right, because you
(50:38):
have this executive order. But the reason why I said
it's some people somewhat and the reason why I kind
of hesitate.
Speaker 4 (50:43):
It is because you have the lawmakers that's coming out
fighting against this tooth and nail.
Speaker 5 (50:51):
They know, they understand federalism, They understand federal preemption. They
understand that if this passes, the ones who are zealously protecting,
would they say, the full right of the athlete? They
understand for them, the stakes are high with a federal preemption,
(51:16):
with the clauses that have been introduced. They know that
once that's there, there's certain things that they can't push
against employer employee. The legislation in the Executive Order to
do talk about making sure we pay attention to those
(51:39):
smaller sports. It is talking about making sure we pay
attention to those women's sports.
Speaker 4 (51:47):
So it does mention that, but the.
Speaker 5 (51:50):
State legislators feel that that's not enough and that the
control will lean too far over back outside of the
athlete's hands. So I do want structure. I do want
federal legislation.
Speaker 4 (52:08):
I do want it to be.
Speaker 5 (52:10):
As fair as it can be. I do strongly agree
that we need guarbrails because we've seen what happened when
we're given something and something and we're not prepared. We
end up worse off a lot of times, except for
those ones who knew how to navigate it.
Speaker 4 (52:30):
They knew how to reap the benefit of it. But
there was more of those who didn't than it was
those who did. So I'm for it. What I just hope, though,
is that.
Speaker 5 (52:49):
When it's finalized and they go back and forth, it's
something that doesn't just say we pretty much circled all.
Speaker 4 (52:56):
The way back around. Now giving you money.
Speaker 5 (53:02):
Right, you're going to get this money, but it's still
going to be under the way we say you can
get it. So that's almost going all the way back around.
We have this college sports commissioner, we have this entity
reviewing contracts, and we have these arbitrary measurements fair market value.
(53:22):
When there's different type of factors. That's hard, that's hard
to compare. So I hope we get it right. In
the meantime, I want you to know how to get
it right, specifically by the information I just gave you.
Speaker 4 (53:38):
So to wrap it up, get it right by knowing
the key cases that I just talked to you about.
Speaker 5 (53:44):
So that way, you show up in rooms competent and
sure you're able to educate your athletes. If you're an athlete,
you are educated, and you can show up confident and sure.
Speaker 4 (53:56):
There's nothing better.
Speaker 5 (53:58):
Than the athlete, the person who is entering the deal,
showing up oozing readiness. That helps before we even open
up our mouths to negotiate contracts. I promise you all
these little things matter. So understand that understand that it's
(54:20):
not as chaotic, but it's still some chaos there because
there's still some things that have to be even in
the settlement, have.
Speaker 3 (54:26):
To be.
Speaker 5 (54:30):
Put in place, and they have to make sure when
I say they the parties to the contract, those schools
that opt in also make sure that they're not running
a file of the settlement. We still got to pay
attention to have deep, deep, deep conversations with women that
are playing in these sports running in these sports, have
(54:53):
deep conversations. We have to think out of the box
or crush the box when it comes to the type
of deals. So these are the things that's going to
help position you. Really pay attention to those things, and
pay attention to the executive order that's out right now.
Get familiar with what the legislation's proposed legislation is. We
don't know how it'll end up landing. Just be familiar
(55:16):
with that, but know what the executive order is saying
right now, and know why the states are pushing back here,
why they're pushing back. Knowing that information will also help
you into identifying and going into deals as well. It's
not just about law, it's about being informed so you
know how to actually, you know, actually move in the rooms.
(55:45):
He said, it's almost like defeating.
Speaker 4 (55:49):
All that was gained. If yeah, if you were not
prepared that it is it's not even almost it is.
It is.
Speaker 5 (55:56):
If you're not prepared. As a statement, just said, if
you're not prepared for the right that you want to
get from the fight, it's almost like you lost right
or you did lose at least temporarily. So we have
(56:17):
to if if you weren't prepared.
Speaker 4 (56:20):
We have to now be informed and do what we
need to do with that information to be prepared.
Speaker 5 (56:28):
On how to move forward. Because this is a continual
moving train, which is a good thing. It didn't stop
and you don't. It's a continual moving train. You now
can be informed and get prepared so that way you
are operating at the highest level. No matter who your
client is, you're operating at the highest level, or if
(56:49):
you are the client.
Speaker 4 (56:51):
The more we are prepared the better.
Speaker 5 (56:53):
But more importantly, the student athletes, this is a great
opportunity for you to change your generations, change your legacy.
You don't you don't want to have an opportunity that
is short lived, and everyone's throwing out these little short,
these little temporary opportunities.
Speaker 4 (57:12):
How can you make that a bigger situation? All right?
That is it for today. I did good.
Speaker 5 (57:21):
Listen so far, I'm hitting my goal. I did good
all three segments. I'm gonna keep that momentum four because
this is a topic that I hope.
Speaker 4 (57:34):
You can also hear just for my delivery.
Speaker 5 (57:37):
I'm very passionate about because it's the topic I'm passionate about,
and because it is a very dense, complex topic.
Speaker 4 (57:43):
This this can go on and on, but I.
Speaker 5 (57:49):
Committed to and did my due diligence and bringing it
to you in under an hour. That was my That
has been my goal, and bringing to you exactly what
you need to know to start now again for yourself,
for someone you're supporting now or in the future. Because remember,
this is what the kids are going to grow up in.
(58:11):
I was just on an AI panel. We're talking about
artificial intelligence. I'm not gonna say two point oh where
were at five point oh six point zero? A large
language model.
Speaker 4 (58:21):
These are where kids are growing up.
Speaker 5 (58:23):
You grow up in this stuff, and so they're going
to grow up into this and you have to understand
the ins and out in this too. Just by choosing
the sports, if they multi talented, different sports just helped
with a lot of decision making.
Speaker 4 (58:37):
When you talk about the nil when.
Speaker 5 (58:39):
You're looking at the school, you're looking at academics, and
you're looking at this, there's a lot of different things
that you need to look at and understand in order
to look at it better. So yeah, that's where we're
standing right now with the House sediment and effect and
third party enforcement agencies that have been established with the
n framework, and they'll store party enforcement again, Deloitte who
(59:04):
review contracts, the college sports commissioner who enforces these rules,
and we're at the brink of possible federal legislation. We
do have an executive order in place to bind how
the settlement, the House settlement is applied. And so in
our final segment, we're gonna shift from the policies and
(59:28):
the power that shifting from the policies to actually execution ownership.
And like I said earlier, I will give examples on that.
Just like we have some not so good, we have
plenty models of so good that we can talk about
and I will talk about that. So going from this
information to executing into owning better and what these rules
(59:54):
may possibly mean, let us forward think what we need
to be accountable for, how to protect athletes in real time?
Knowing all that through foresight, how can we do it?
So we're gonna shift our athletes, I mean shift our
segment conversation now going from surviving nil to thriving in
(01:00:20):
NIL and hopefully building systems that last beyond.
Speaker 4 (01:00:27):
The sport the game. All right, So I leave you
with this quot quote.
Speaker 5 (01:00:33):
Access creates opportunity, A competence turns it into ownership. He
asks for the access, but now you need the competence.
Thank you for tuning in and engaging. Thank you for
adding value. Ms von Duve, thank you so much. If
(01:00:55):
anybody has any questions and you were not able to
attend live again, please put the comments and your question
in the comments. Do not seek me out and find
me and email me. I will not respond to any
personal emails. I again am not giving personal legal advice,
(01:01:20):
but if you want to engage in a conversation, please
feel free to add your comment here. And also, they
drop on the podcast each segment before the next Tuesday
segment drops. Those segments one and two are now available
on all major streaming platform podcast platforms. So wherever you
(01:01:41):
your favorite place of listening to a podcast, you can
listen to it there. You can sit, you can walk,
you can drive, you can clean, you can get this
in your system, get it in your bones, and really
understand it because remember.
Speaker 4 (01:01:51):
The more you know, the more you grow.
Speaker 5 (01:01:54):
The more you learn, the more you can earn, and
in this case, the more your athlete can do. But
when you share, you show care. So don't keep this
knowledge to yourself. Please, especially this. I say that all
the time, and I can't help it. We talk about
great things. Spread the wisdom, tag a friend, and let's
elevate together until next time. Keep striving, keep growing, and
(01:02:19):
most importantly, keep seeking elevation, peace and progress.
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