Name Image Likeness (NIL) Legal Services Team

Overview

Foster Swift Sports Talk Podcast

Listen to all episodes on Apple Podcasts and Spotify. Below are the individual episode links:

Episode 1 - The House Settlement’s Impact on NIL and Non-Revenue Sports
- Guests: MSU Baseball Head Coach Jake Boss Jr. and Dr. Tom Dieters, Founder and President of Charitable Gift America
Episode 2 - The Future of NIL in High School Athletics
- Guest: Mark Uyl, Executive Director of the Michigan High School Athletics Association (MHSAA)

Episode 3 - Navigating NIL, College Recruiting, and Pro Sports
- Guests: Co-owner and a founder of Conquest Fitness and member of the MSU Basketball's 2000 National Championship team, Andre Hutson, along with his son Cam Hutson, a rising talent committed to Saint Louis University Basketball team.

- Episode 4 - Evaluating College Playing Opportunities
  - Guests: On the eve of announcing his commitment to play football at a D1 school, Kory Amachree joined by his siblings, Kaema (Women's Soccer at University of Toledo) & Nakai (Football at Bowling Green) discuss the rapidly changing recruiting process, the moment they knew they were going to pursue sports beyond high school, how they evaluated opportunities to play at the college level, the transfer portal and their recommendations for others embarking upon the process.
- Episode 5 - Preparation is Key - Working Toward Your Best
  - Guest: Reporter Natalie Kerwin of FanDuel Sports Network Detroit who covers the Pistons, Tigers, and Red Wings talks Detroit Sports and how preparation is key to making it in any avenue of the sports industry.
- Episode 6 - You Have to Do the Work
  - Guests: Talented young sports management professionals, Brooklyn Samuel and Ashley Holcomb, talk about the challenges of college recruiting, building a personal brand and sports-related career possibilities.
- Episode 7 - The Recruiting Journey - Work Your Way Up and Always Do Extra
  - Guests: MSU football players, freshman linebacker Brady Pretzlaff and freshman offensive lineman AJ Dennis talk about their recruiting and playing experience as they look forward to building their legacy. Three pieces of advice: 1) Work your way up 2) Surround yourself with the right people and 3) Take advantage of all the opportunities.
- Episode 8 - The Recruiting Journey - Work Your Way Up and Always Do Extra
  - Guest: Cole Moore, MSU Football General Manager, shares his perspective on how MSU factors in many variables, the impact of the House Settlement agreement and how we can expect the revenue sharing and NIL collectives to evolve. Revenue sharing & NIL collectives continue to be a hot topic among college football players, coaches and staff after the House Settlement Agreement.
- Episode 9 - Title IX and House Settlement Agreement
  - Guests: College of Charleston soccer standout Lexi Drumm and Title IX attorney Leigh Ernst Friestedt join us for an in-depth discussion on the appeal of the House v. NCAA settlement agreement. Together, they explore the case's potential impact on gender equity in college athletics and what it means for the future of Title IX.
- Episode 10 - From Walk-On to Final Four: The Journey of an MSU Basketball Standout
  - Guest: Tim Bograkos, MSU Basketball player from 2000-2005, talks about being a walk-on at MSU, playing in the Final Four how it led to playing basketball professionally and success beyond basketball.
- Episode 11 - Strategizing for Recruiting Success
  - Guest: Candace Taglianetti Bossell, a former two sport athlete in field hockey and lacrosse at The Ohio State University and now the Executive VP at NXT Sports. Candace talks about the road to her current position and her philosophy for helping athletes achieve their goals. Candace shares examples of how she works with players, families and coaches to pursue outcomes that are in the best long-term interest of all involved.

Tony Dalimonte recently appeared on the Michigan Business Network's podcast to discuss the webinar along with NCAA revenue sharing and athlete legal prep.

Foster Swift’s NIL (Name Image Likeness) Law Group was established to counsel student-athletes, businesses/organizations and other interested parties in creating high-value NIL initiatives and contractual arrangements which are fully compliant with NCAA rules, state laws and university regulations.

Since June 2021, when the U.S. Supreme Court ruling in NCAA vs. Alston enabled college and high school athletes to earn unlimited income through NIL licensing, more than 420,000 student athletes have received an estimated $1 billion in compensation, while maintaining their amateur status and eligibility.

Despite the high level of acceptance and participation in its early days, the current NIL regulatory landscape is still evolving. It presents a complex, uncertain patchwork of state laws, NCAA rules and additional university oversight. Fully understanding this landscape is critical to leveraging opportunity and reducing risk.

Foster Swift’s NIL attorneys can provide a range of legal services to student athletes, including:

Cooperate with college compliance officers and documenting the NIL relationship to ensure NCAA compliance.
Represent student athletes in actions brought by the NCAA or member institutions for improper use of NIL or non-compliance with NIL laws and rules.
Provide representation and advocacy for student-athletes in NCAA NIL-related compliance and enforcement.
Contract review, contract drafting and legal negotiation when entering NIL deals with business or organizational partners.
Provide representation and advocacy for student-athletes in NCAA NIL-related compliance and enforcement.
Represent student athletes in breach of contract claims and collection of unpaid fees.
Federal and state tax planning.
Register intellectual property/digital assets.
Advice related to establishing a personal brand, advocating for rights and causes and social media strategy and content.

The age of NIL in college athletics has arrived, but there are still many unanswered questions regarding the compensation of college student athletes. Foster Swift’s NIL team includes experts in intellectual property, contracts, entity formation, tax planning and other areas to provide a full-service legal resource for student athletes and other businesses and organizations participating in NIL activities and initiatives.

We also provide a range of legal consulting and services to businesses or organizations participating in NIL programs, which include:

Education and guidance on compliance with all rules and regulations (NCAA, State of Michigan and institution specific) related to NIL rights.
Guidance and assistance with contract development and negotiation for endorsement deals and other marketing agreements with student athletes.
Advice on marketing strategies and campaigns which further incorporate the NIL rights of student athletes.
Assistance with all compliance and reporting requirements related to NIL arrangements and contracts.

If you have questions on NIL or are planning to participate in an NIL initiative, please contact NIL practice leader Tony Dalimonte at adalimonte@fosterswift.com or 248-785-4733.