Following receipt of a letter from the United State Department of Justice-Antitrust Division expressing concern about the NCAA’s anticipated vote, NCAA President Mark Emmert has “strongly recommended” to his membership that the NCAA vote currently scheduled for Monday to potentially ratify name, image and likeness (NIL) rights for collegiate student-athletes be delayed.

The much anticipated NIL NCAA legislative vote, expected to be successful and authorize student-athletes to benefit from the commercial use of their name, image and likeness in coordination with the start of the 2021-22 school year, has been the subject of extensive discussion and deliberation throughout most of 2020.

It has been reported that the letter to NCAA President Emmert expressed concern regarding the NCAA’s policies pertaining to collegiate athlete transfers and NIL rules. The Justice Department informed the NCAA that it has been monitoring the NCAA’s ongoing efforts to review and revise the rules in both areas. It is expected that President Emmert’s recommended voting delay will be supported by NCAA membership and further dialogue between NCAA leadership and the Department of Justice will be scheduled and commence in the near future.

Jackson Lewis’ Collegiate and Professional Sports Practice Group will continue to monitor the ongoing legal issues relating to NCAA’s effort to pass NIL legislation, as well as continued NIL activity on the federal and state level. Please feel free to reach out to any member of the Collegiate and Professional Sports Practice Group with questions.