Jay Ezelle Profile picture
Jul 31 5 tweets 1 min read Read on X
Sorry to interrupt all of the complaining about NIL, but I was compelled to post some actual positive NIL news. I understand this forum tends towards the sky is falling approach, particularly regarding anything related to NIL, but there have been vast improvements in the operations of NILGo this week.
There were some bumps in the road during the initial rollout—which expectedly led to a chorus of complaints and proclamations that the system will never work—but it seems like the CSC is working through the issues expeditiously. For a system that is still being created and installed, it is actually remarkable how much progress they have made.
I am also pleased to report that all of the deals that we are involved with have been approved without any adjustment to the compensation. These deals included many six-figure agreements, including agreements with what some used to call collectives, but which have been fully transitioned to fan engagement sites (i.e., a valid business purpose).
I think that is a testament to the hard work that is occurring on the institution/Associated Entity side as well as the CSC/NILGo side. Most of my clients started working on converting to a true NIL model last year and, though that is a far more difficult model to implement, the hard work is now paying off by improving the fans’ experience and generating above-the-cap NIL.
I know many folks have an agenda to criticize the new model, but I am seeing real evidence of it working and getting better. That is good news for college athletes, colleges, and fans.

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More from @NerdLaw_JockLaw

Jun 7
Some free advice for college presidents and ADs:

1. Understand the moment.
This is a turning point for college athletics—not because revenue-sharing is starting (that’s been happening through back-door funding of collectives for years)—but because power has shifted from the NCAA to the universities. You now have the authority to fix a system that was fundamentally broken.

The NCAA let the tension between high- and low-revenue programs fester, creating a bloated bureaucracy that lost sight of the core mission: to support college-athlete development athletically, academically, and personally. You now have a chance to build a better system—one that preserves what’s great about college sports, compensates athletes fairly, and enforces common-sense rules. Don’t miss it.
2. Be selective where you get your advice.
In this chaotic time, you’ve had to follow breaking news and Twitter takes just to keep up. But noise is not counsel. As Adam Smith said:

“It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own self-interest.”

Many actors in the NIL world—even some lawyers who claim to represent universities—have financial incentives to see college athletics fail. Whether chasing clicks or funded by those who want to exploit universities' most valuable assets, they are not on your side. Following their advice only furthers their agenda.

If you must listen, at least research their track records. Many who are now calling for new lawsuits, denouncing the CSC, or urging athletes to hide NIL deals, also wrongly predicted Judge Wilken wouldn’t approve the settlement—or at least not the injunctive relief. What exactly have they gotten right? If their messaging sounds like a political ad pushing the “miracle cure” of collective bargaining, maybe that’s because it is that—a paid PR campaign.
3. Mitigate risk, but don’t be ruled by it.
There will be lawsuits no matter what path you take. Take prudent steps to protect your institution (e.g., ensure your and your coaches’ public statements don’t sound like trial exhibits for the lawyers planning to sue you), but don’t let fear of litigation paralyze you. Let your guiding principle be what’s best for your university and athletics program.
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