The opening weeks of 2021 provided significant updates to our prior article (see
July 7, 2020) regarding student athlete name, image and
likeness ("NIL") legislation.
On January 11, the NCAA Division I Council indefinitely
postponed its own deadline to update the rules and regulation
surrounding student athletes' rights to profit off one's
NIL. As promulgated in the
NIL Resolution adopted by the NCAA Board of
Governors, due to "recent judicial, political and
governmental enforcement events, including communications from the
U.S. Department of Justice's Antitrust Division," the NCAA
"supports conducting the appropriate due diligence"
before making a further decision regarding student athlete NIL
rights. These referenced events occurred in December 2020 and
January 2021 as the NCAA was approaching its self-imposed deadline
to update its current set of NIL rules.
