Yeah, the collectives predictably would rather run to the Judge and cry instead of going through the Deal arbitration process and be subject to subpoena. One would hope the Judge would tell them that. The arbitration process was designed to administer the resolution of initially rejected deals.And so it begins... again
Argument over 'valid business purpose' for NIL collectives threatens college sports settlement
Less than two weeks after terms of a multibillion-dollar college sports settlement went into effect, friction erupted over the definition of a “valid business purpose” that collectives making name, image and likeness payments to players are supposed to have.apnews.com
I’ve always felt like enough donors and teams had a good experience with buying talent that they aren’t going to willingly just give it up. I’m sure the donors at Ohio State think last year was a lot of fun and plan to keep buying teams like that. And if the NCAA does somehow succeed in getting collectives shut down, then the big spending schools will just pay players under the table.
Just that. When you've got the pool of donors that true blue bloods have and the accompanying egos, there is no such thing as donor fatigue. When one guy pulls back, there are 10 others there to kick in more and take his place.I’ve always felt like enough donors and teams had a good experience with buying talent that they aren’t going to willingly just give it up. I’m sure the donors at Ohio State think last year was a lot of fun and plan to keep buying teams like that. And if the NCAA does somehow succeed in getting collectives shut down, then the big spending schools will just pay players under the table.
On a related note, the quote at the end of this is funny:
Ohio State made headlines last summer for its $20 million roster, widely believed to be the most expensive roster to date. The Buckeyes will surpass that number with their 2025 team. The Wall Street Journal previously reported Ohio State will spend between $30 million and $35 million this fall. Sources have indicated to On3 that the Buckeyes will be north of the $35 million mark.
Wide receiver Jeremiah Smith is expected to be the highest-paid non-quarterback in college football this season. On3 reported in January that Smith was offered $4.5 million to enter the portal. Sources said he’s expected to make more than that this season at Ohio State.
“I’m not going to lie, we called about him,” a general manager said of Smith. “Reached out to his people. They were like, ‘It’s going to have to be $7 million.’ And I was like, ‘Have a great day.'”
Who spent the most? Survey reveals top-10 biggest spenders in college football
To get a better idea of who spent the most money on building a college football roster for the 2025 season, On3 surveyed the landscape.www.on3.com
Collectives aren't going to be shut down nor where they intended to be shut down by the NCAA or CSC. They are now intended to act as RevShare fundraisers and as marketing agencies to assist athletes with NIL opportunities with for-profit businesses. The collectives now crying want to continue their direct pay for play relationships with athletes outside of the RevShare cap.
Which is exactly why the courts are going to strike this down HARD.The new group policing NIL payments has left collectives little choice but to sue for their survival
The College Sports Commission issued guidance last week that likely will force NIL collectives to sue in order to stay in business.www.on3.com
"In the memo sent to schools, the CSC offered an example of a deal that would get denied. The example stated that a collective couldn’t pay a player to appear at a meet-and-greet to which the collective charged fans admission."
Isn't that specifically what name image and likeness is about, though? If We Will wants to facilitate an event where fans can come and meet their favorite players and maybe get some memorabilia signed, and the proceeds go to the players whom the fans are coming to see, they can't? How is that not legitimate? In my mind, that's exactly what NIL is about. Athletes profiting from their own noteriety.
The proceeds in this example would be directed to RevShare and athlete compensation would paid of out RevShare. WWC or any other collective can fund raise and pay athletes in this manner.The new group policing NIL payments has left collectives little choice but to sue for their survival
The College Sports Commission issued guidance last week that likely will force NIL collectives to sue in order to stay in business.
"In the memo sent to schools, the CSC offered an example of a deal that would get denied. The example stated that a collective couldn’t pay a player to appear at a meet-and-greet to which the collective charged fans admission."
Isn't that specifically what name image and likeness is about, though? If We Will wants to facilitate an event where fans can come and meet their favorite players and maybe get some memorabilia signed, and the proceeds go to the players whom the fans are coming to see, they can't? How is that not legitimate? In my mind, that's exactly what NIL is about. Athletes profiting from their own noteriety.
Jeffrey Kessler and others are licking their chops. The clearinghouse is just begging to be challenged. This kind of excessive regulation that other students aren't subject to is exactly what Kavanaugh was talking about in the Alston case. And Claudia Wilken, who more than likely will end up presiding, is not exactly known for seeing it the NCAA's way.
The collective is a non-profit who only exist to pay athletes. Of course that’s not a business purpose by definition. I honestly don’t think this argument goes anywhere because it’s exactly what the settlement was designed to get rid of.The new group policing NIL payments has left collectives little choice but to sue for their survival
The College Sports Commission issued guidance last week that likely will force NIL collectives to sue in order to stay in business.
"In the memo sent to schools, the CSC offered an example of a deal that would get denied. The example stated that a collective couldn’t pay a player to appear at a meet-and-greet to which the collective charged fans admission."
Isn't that specifically what name image and likeness is about, though? If We Will wants to facilitate an event where fans can come and meet their favorite players and maybe get some memorabilia signed, and the proceeds go to the players whom the fans are coming to see, they can't? How is that not legitimate? In my mind, that's exactly what NIL is about. Athletes profiting from their own noteriety.
This will go to an arbitration attorney/panel under the terms of the agreement, not Wilken.
Why does it matter? We Will is a 501c, legally no different than any other non profit organization. That's ripe for a lawsuit.
The Collectives were not a party to the House settlement, just athletes and schools. A collective bringing litigation against the clearinghouse wouldn't necessarily fall under arbitration. You can bet that any lawyer worth his or her salt would be arguing that point.
Kessler signed on to the terms of Agreement on behalf of the athletes he represented, including terms related to the Clearinghouse.
Exactly. The collectives aren’t party to the agreement and don’t have standing to challenge it. That is why kessler specifically said he’s going to go to arbitration . And athletes going to arbitration won’t have a pot to piss in.
Under the terms of the Settlement, rejected Clearinghouse deals are to be disputed via arbitration with the deal submitter agreeing to subject themselves to subpoena in doing so.
