You Might Be a Winner
        A blog from the attorneys of Verrill

        Scoring A Touchdown With NIL Rights

        by Robert Laplaca on June 29, 2021

        “NIL” is short for “Name, Image, Likeness,” but for college athletes it may now mean “no income limits.” All three branches of government have essentially agreed that a college athlete could be paid for his/her NIL activities. However, what this means exactly is still far from clear.

        First, I must give a nod to Mr. Justice Gorsuch for his thoroughly entertaining history of the “paid” student athlete – without any personal knowledge of such shenanigans where he went to college. From his opinion, we learn such tidbits as the first intercollegiate athletic competition was a boat race between (who else) Harvard and Yale that was sponsored by a railroad executive who offered contestants all-expense paid vacations and unlimited beer. And in the intercollegiate football arena, Yale lured one tackle with free tuition and meals, a trip to Cuba, the exclusive right to sell scorecards at the games, and a job as a cigarette agent for the American Tobacco Company. Life apparently wasn’t much different from art when Professor Wagstaff tried to purchase two professional football players so that his beleaguered Huxley College could win the big game against rival Darwin.

        After Justice Gorsuch effectively said “Horse Feathers” to the NCAA’s monopoly on capitalizing on its student athletes, the stage is now set for booming new business ventures. July 1, 2021 is the big day. The NCAA may approve allowing college athletes to profit from their NIL and at least seven state laws (Alabama, Florida, Mississippi, New Mexico, Tennessee and Texas) will go into effect. Another 12 states have passed similar laws that go into effect in 2022 and 2023.

        But what will this mean for schools, conferences, and states that have not given such approval? And how will the laws or lack of laws co-exist? Apparently, the legality of NIL compensation will be based upon where the student goes to school (as opposed to his/her state of residence). Particularities abound. For example, student athletes in Alabama, Florida, Tennessee, and Texas must take a course in financial literacy; in Colorado the student-athlete must disclose any NIL agreement to the school’s athletic director; in Georgia 75% of compensation earned must be held in an escrow account; in Mississippi boosters are prohibited from providing NIL compensation to student athletes; in Montana NIL activities are prohibited on campus; and New Jersey and Tennessee prohibit endorsements in such activities as alcohol, gambling, and firearms.

        For now, if you are interested in signing a student athlete for an endorsement deal, the landscape is promising, but still as confusing and crazy as a football game led by the Marx Brothers.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...