Wednesday, September 30, 2026
  • -
    days
  • -
    hours
  • -
    minutes
  • -
    seconds

One Year of NIL: The Ongoing Battle for Legal Control

  • The first year of the NIL era was governed by several disjointed legal forces.
  • A year has gone by, and there’s still no more clarity, enforcement, or uniformity than there was last July.
Jenna Watson/IndyStar

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The first year of the NIL era was governed by several disjointed forces: State laws, school policies, and loose NCAA guidance. Despite the NCAA’s best lobbying efforts, a federal law was absent. So was an enforcement mechanism for any of these rules.

Athletes got paid, and college sports didn’t collapse. 

But a year has gone by, and there’s still no more clarity, enforcement, or uniformity than there was last July. And pending litigation threatens not to just rewrite NIL rules, but kill amateurism altogether.

As a result, everyone from state legislators to NCAA officials are still advocating for alterations. 

At the Federal Level

College sports officials from NCAA President Mark Emmert to SEC Commissioner Greg Sankey have taken trips to Washington to beg Congress for a uniform NIL law. 

Thanks to the Alston case, the NCAA risks exposing itself to lawsuits without one. But it also wants an antitrust exemption, so that it can protect amateurism on its own, Kennyhertz Perry attorney Mit Winter told Front Office Sports.

In the next year, the NCAA probably won’t get what it wants. Anyone who has access to the news knows Congress has other priorities.

It’s also unclear whether a federal standard is necessary for the athletes themselves. It doesn’t matter to them whether there’s a federal law, as long as they’re free to profit.

In the NCAA

On June 30, 2021, the NCAA passed a short list of NIL guidelines. It did little more than try to prohibit pay-for-play and recruiting inducements.

When NIL collectives burst onto the scene, the NCAA published more guidelines. In May, it said boosters and collectives couldn’t talk to recruits or offer deals before an athlete committed. It also said it would investigate and punish violators of the policy — though it wouldn’t take away athletes’ eligibility.

The SEC reportedly has explored setting conference-specific NIL guidance — but that may or may not pass the antitrust sniff test. 

The Division I Transformation Committee will also consider division-specific rules as part of the NCAA’s new constitution process.

West Coast Conference Commissioner Gloria Nevarez, who sits on the committee, told FOS her major focus is “drawing the line” on pay-for-play. She also noted that the guidelines have to be “lived within, and not challenged every step of the way” from a legal or legislative perspective.

In the next year, legal experts believe the NCAA will punish at least one collective or school, but the scope of enforcement remains unclear.

At the State Level

The NCAA is trying to bar NIL from the recruitment process — while many state legislators are repealing or amending state laws to reduce restrictions.

Before the NCAA changed its rules, it behooved states to pass laws to ensure local athletes had NIL rights. But many of those laws had unnecessary prohibitions — like deals with alcohol companies — or barred school officials from helping athletes procure deals directly.

Legislators want to give schools as much latitude as possible to compete in recruiting. Alabama was the first — it killed its NIL law altogether. States from Connecticut to Illinois passed alterations removing certain provisions. South Carolina suspended its law for the 2022-23 fiscal year.

Even in states where NIL laws are strict, there doesn’t seem to be an enforcement mechanism. But it’s better to be safe than sorry.

“The cons far outweigh the pros when it comes to state NIL laws,” Geragos and Geragos attorney Dan Lust told FOS. “If there is no rule, how are you violating anything?”

Year 2 In Court

In the next year, litigation could change everything. 

  • In Johnson v. NCAA, athletes could be awarded collective bargaining rights — which would likely end the NCAA’s business model of amateurism altogether. 
  • It’s also likely a booster or collective could wage a lawsuit against the NCAA if it attempts to bar them from doing deals altogether, experts agree.
  • Athletes could file Title IX cases against schools that don’t offer equal education resources.

The House v. NCAA case could take longer, but its decision could be pivotal. 

Former athletes could claim damages against the governing body because they played in the pre-NIL era. Plus, NIL could be expanded to include the use of athletes’ NIL during televised games — meaning they could get a piece of media rights revenue. 

The most influential forces on the NCAA have been lawsuits, not state or federal laws. That trend will likely continue.

“The problems that we’re seeing now in NIL, they really pale in comparison to the legal obstacles and legal conflicts that are on the horizon,” Lust said. “So it’s certainly going to get worse before it gets better.”

This field is for validation purposes and should be left unchanged.

Sign up for
The Memo Newsletter

Get the biggest stories and best analysis on the business of sports delivered to your inbox twice every weekday and twice on weekends.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

AZ state flag

Arizona Lawmakers Join ASU Hockey Players in Call for Outside Review

An independent inquiry has not yet been commissioned by Arizona State.

WAG Culture Is Coming for College Campuses

Word of mouth among WAGs is proving lucrative for one makeup artist.
Apr 24, 2026; Salt Lake City, Utah, USA; Utah Mammoth owner Ryan Smith speaks to the media before game three of the first round of the 2026 Stanley Cup Playoffs between the Utah Mammoth and the Vegas Golden Knights at Delta Center.

Ryan Smith Says BYU Will Get Windfall When He Dies

“The roster is deep,” he said. “It’s not just me.”
podcast thumbnail mobile
Front Office Sports Today

9/30/26 – Man City Found Guilty, NBA’s $12B Vegas Race, College Sports Bill Passes

0:00

Featured Today

Morishita-Sato-homerun-celebration-at-Meiji-Jingu-Baseball-Staidum-2025

Japanese Baseball Is Fighting Back Against MLB Talent Drain

Nippon Professional Baseball is reimagining how to be a global juggernaut.
Aug 9, 2026; Bedminster, New Jersey, USA; President Donald Trump walks out of the clubhouse during the final round of the LIV Golf New York tournament at Trump National Bedminster.
September 25, 2026

Trump’s Year of Sports Gets Busier With CFB, Presidents Cup

The impact of Trump’s attendance varies across each sporting event.
A Bar of Their Own
September 25, 2026

Women’s Sports Bars: Novelty Has Worn Off, ‘That’s a Good Thing’

They’re leveling up, but sustainability remains the first consideration.
Hot & Social/Mets
September 18, 2026

Sports Teams Are Playing a New Role: Matchmaker

The latest promotion at the stadium? Love.
Exclusive
September 18, 2026

Vicious Infighting Is Jeopardizing the Future of Women’s Baseball

The WPBL’s own CEO admits there’s a “power struggle.”
October 14, 2022; Tempe, Ariz; USA; ASU mascot Sparky during a ribbon cutting ceremony at Mullett Arena. Ncaa Hockey Asu Hockey Opening Night At Mullett Arena Colgate At Asu

ASU Men’s Hockey Players Dispute School’s Account of Athlete’s Collapse

Seven players requested the coaching staff be put on administrative leave.
September 26, 2026

Illegal Hit on Oregon QB Moore Puts NCAA Targeting Rules Into Focus

Moore was hit in the head and neck while sliding.
September 27, 2026

SEC’s Big-Money Rosters Shake Up College Football Rankings

The top two slots remained unchanged.
Sponsored

Beyond the Scorecard: How Dow Is Putting Purpose at the Center of Women’s Golf

Discover how Dow and the LPGA are building a partnership with lasting impact.
September 26, 2026

ESPN Suffers Technical Troubles During Trump Visit

There was pregame chatter about whether presidential visits affect team communications.
September 25, 2026

The Biggest Question for LSU Men’s Basketball: Who Is on the Team?

Will Wade said LSU has 15 players but won’t release a list.
Jan 19, 2026; Miami Gardens, FL, USA; United States President Donald Trump (left) and Ivanka Trump (right) before the College Football Playoff National Championship game at Hard Rock Stadium. Mandatory Credit: Mark J. Rebilas-Imagn Images
September 25, 2026

White House Denies Trump Movements Impacted CFP Game

The topic has been widely discussed ahead of Texas-Tennessee.
Nov 7, 2015; New Orleans, LA, USA; The American Athletic Conference logo at Yulman Stadium before the game between the Tulane Green Wave and the Connecticut Huskies. Mandatory Credit: Chuck Cook-USA TODAY Sports
September 25, 2026

American ‘Not Proactively Seeking’ New Members Despite Overtures

Three schools reportedly have interest in joining the league.