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Mit Winter Profile picture
Mit Winter
@WinterSportsLaw
Attorney at Kennyhertz Perry LLC ⚖️ | College Athletics Attorney | NIL | Sports Law | Business Litigation | Former Division I 🏀 player for @WMTribeMBB.
Jun 19 • 9 tweets • 2 min read
I've heard there's confusion among some ADs and others as to how the $2.8B in House back damages will be distributed to former and current athletes.

So let's take a look at who's in the three House damages classes and who will be receiving back damages payments.

🧵 As I mentioned above, there are 3 House damages classes.

1. Scholarship P5 (plus Notre Dame) football🏈 and men's🏀 players who played between June 15, 2016 and Sept 2023.

2. Scholarship P5 (plus Notre Dame) women's🏀 players who played between June 15, 2016 and Sept 2023.
May 30 • 4 tweets • 2 min read
The SEC will look to how the House plaintiffs’ attorneys divide up the $2.8B in back damages for guidance on how to make future #NIL payments to athletes.

90% of the damages $ will likely go to 🏈 & men’s 🏀 players, based on the value of broadcast deals for those sports.

🧵

Image
Image Which means 90% of future NIL $$ schools pay to their athletes will potentially also be going to athletes in those two sports.

That would be around $19.8M of the $22M cap.

This makes sense from a market value perspective, if NIL payments are for use of NILs in tv broadcasts.
May 21 • 13 tweets • 3 min read
If/when the House case settles, it will result in a wave of legal issues.

Here are some of the bigger ones:

1. NCAA/conferences vs #NIL collectives

The NCAA/P4 are hoping the House settlement eliminates collectives and they’re going to try and crack down on “pay for play.” The thought is by allowing donors to give directly to schools (who can then pay athletes) it eliminates the need to give to collectives.

But with a cap & some schools worried about Title IX (more on that below), there may still be a need for collectives to compensate athletes.
Sep 29, 2021 • 4 tweets • 1 min read
After reading the NLRB general counsel’s memo again, there are a few important issues/questions I noticed.

1. The memo’s decision that athletes are employees seems to hinge on athletes being compensated via athletic scholarships. It appears walk-one are not deemed employees. 2. I’ve seen commentary that this only applies to athletes at private schools. The NLRB was aware of this and addressed it in footnote 34. It says when a conference is an independent private entity it may exert jurisdiction over the conference/NCAA even if members are public.