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Social Media Social Media
Social media represents nearly three-quarters of all NIL activity.
The kinds of social media activities can be segmented into three types:
Social media
“influencers,” where a
brand pays a student
athlete to post content
A student athlete’s
use of social media to
promote their own
brand or merchandise
The use of social media
like Cameo to sell
content directly to
consumers
Source: https://www.sportsbusinessjournal.com/SB-Blogs/OpEds/2023/01/17-Carter.aspx#:~:text=17%25,
doing%20NIL%20deals%20is%20growing.
The legal profession will inevitably
play a pivotal role in shaping a fair and
equitable NIL ecosystem. As the NIL legal
landscape continues to evolve, it is crucial
that legal practitioners stay informed and
adaptable to help clients navigate this
complex and dynamic area effectively. As
demonstrated by the examples discussed
above, the NIL landscape is multifaceted
and often requires an understanding of
various legal disciplines depending on
the circumstances. By keeping abreast of
regulatory developments, ethical consid-
erations, and emerging trends, legal
professionals can ensure that the rights
and interests of all parties are protected,
fostering a transparent and compliant
environment that benefits everyone
involved.
and enforceable NIL agreements to
protect student-athletes’ rights and ensure
compliance with all relevant regulations.
In September 2024, Matthew Sluka,
the quarterback for the University of
Nevada, Las Vegas, encountered an issue
related to an alleged verbal commitment
of compensation made by an assistant
coach. The failure to follow through on
this commitment led Sluka to announce
that he would utilize his redshirt eligi-
bility and refrain from competing in any
further games during the 2024 season.
This surprising decision underscores the
challenges and complexities associated
with NIL deals, highlighting how off-field
NIL issues may directly impact on-field
actions. It also illustrates the fragility of
the collegiate athletics NIL regulatory
framework. Although this matter is in its
early stages and under review at the time
of this article, its outcome is likely to have
significant consequences for future NIL
deals and compliance standards.
Shaw is an associate attorney at Vorys, Sater, Seymour
and Pease, where he concentrates his practice on
intellectual property protection, with a primary focus
on trademarks, copyrights, and publicity rights. He
possesses extensive experience in advising athletes,
entertainers, and influencers in structuring sponsorship
deals, licensing agreements, marketing campaigns, and
more. Jabari became a member of the CBA in 2016 and
served as the YLS Chair during the 2021-2022 term.
THE REPORT | November/December 2024 | CincyBar.org 7