House Settlement Approved | Page 7 | Syracusefan.com

House Settlement Approved

Interesting analysis of the House case Settlement by a sports attorney in South Florida who teaches NIL at Miami Law. He argues that the only win for athletes in the Settlement is the $2.8 billion of damages to the plaintiff class of athletes and payment of it is likely to be delayed pending appeals of the District Court's approval of the settlement. He argues that the other aspects of the settlement, such as payment of compensation to current athletes (which he argues schools could have done without the Settlement), with a ceiling but no floor, roster limits, and plaintiffs' counsel agreeing to lobby Congress with the NCAA, really aren't wins for current and future athletes.

 
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Sure there are limits that hurt the 1-5% at the top. The same can be said for all pro sports as well.

But without limits the sport fails and there has to be something to be said that some kind of competitive balance is required to make it a product.

Much the same an many reg business. My job is capped and has been for years. I can jump to another company but then thats a different business.
 
THE FUTURE OF COLLECTIVES -- TALKS ARE UNDERWAY BETWEEN COLLEGE SPORTS LEADERS AND HOUSE CASE SETTLEMENT ATTORNEYS. Below is a link to a new article tonight by Yahoo Sports discussing the latest on this subject. Below the link are highlights from the article.


A resolution between the two sides could shape the future enforcement of college athletics’ new revenue-share concept by potentially upending the settlement agreement’s primary goal: to limit or reduce the role of school-affiliated NIL collectives — booster-backed entities that have paid millions to athletes over the last four years.

The goal of the settlement, in part, is to shift athlete pay from these booster-run collectives to schools, now permitted to directly share revenue with athletes under the capped system that began July 1. However, many schools are still operating their collectives as a route to provide third-party compensation to athletes that does not count against a program’s cap — a way to, perhaps, legally circumvent the system.

“There are ways for collectives to operate that have been contemplated,” Sankey said. “If there’s a decision that results from either negotiations with plaintiffs or a court that says differently, you have a much softer cap. That would be the description.”

For school administrators, a “softer cap” potentially means an unchanged environment from the unruly spending of the last four years — something that many within the industry describe as the “Wild West” while others describe it as a free market working to recruit and retain talent.

Some schools have shuttered their collectives in an effort to fall in line with the new era of school compensation. But not everyone has made such a move. At many places, schools continue to operate their collective, some out of fear that others will do the same and some that believe the settlement will fail under the weight of legal challenges.

Ultimately, the schools hold authority to control their own affiliated collectives.

“For how long have people been begging for guardrails?” Sankey asked. “Well, now we have guardrails. Those broadly across the country that claim they wanted guardrails need to operate within the guardrails. If you allow what’s happened to continue to escalate, there would be a very small number of programs that would be competitive with each other and we’d not have a national sport or a national championship.”
 
THE FUTURE OF COLLECTIVES -- TALKS ARE UNDERWAY BETWEEN COLLEGE SPORTS LEADERS AND HOUSE CASE SETTLEMENT ATTORNEYS. Below is a link to a new article tonight by Yahoo Sports discussing the latest on this subject. Below the link are highlights from the article.


A resolution between the two sides could shape the future enforcement of college athletics’ new revenue-share concept by potentially upending the settlement agreement’s primary goal: to limit or reduce the role of school-affiliated NIL collectives — booster-backed entities that have paid millions to athletes over the last four years.

The goal of the settlement, in part, is to shift athlete pay from these booster-run collectives to schools, now permitted to directly share revenue with athletes under the capped system that began July 1. However, many schools are still operating their collectives as a route to provide third-party compensation to athletes that does not count against a program’s cap — a way to, perhaps, legally circumvent the system.

“There are ways for collectives to operate that have been contemplated,” Sankey said. “If there’s a decision that results from either negotiations with plaintiffs or a court that says differently, you have a much softer cap. That would be the description.”

For school administrators, a “softer cap” potentially means an unchanged environment from the unruly spending of the last four years — something that many within the industry describe as the “Wild West” while others describe it as a free market working to recruit and retain talent.

Some schools have shuttered their collectives in an effort to fall in line with the new era of school compensation. But not everyone has made such a move. At many places, schools continue to operate their collective, some out of fear that others will do the same and some that believe the settlement will fail under the weight of legal challenges.

Ultimately, the schools hold authority to control their own affiliated collectives.

“For how long have people been begging for guardrails?” Sankey asked. “Well, now we have guardrails. Those broadly across the country that claim they wanted guardrails need to operate within the guardrails. If you allow what’s happened to continue to escalate, there would be a very small number of programs that would be competitive with each other and we’d not have a national sport or a national championship.”
Sankey's last sentence says it all. The SEC and B1G cannot go it alone, they need more teams. Either they expand significantly or other conferences are here to stay and the two top dogs hold out as long as possible before being forced into all schools at the highest level getting equal shares for TV revenue.
 
Sankey's last sentence says it all. The SEC and B1G cannot go it alone, they need more teams. Either they expand significantly or other conferences are here to stay and the two top dogs hold out as long as possible before being forced into all schools at the highest level getting equal shares for TV revenue.
If the SEC and B1G go the route of there being just the Big Two they are likely to crater college football and kill their golden goose. The SEC coaches get this and they do not want a CFB playoff system where they get handed 4 automatic slots, they want to earn them. But the B1G does not get it yet. We just may slowly be creeping toward the formation of the so-called Super League system like the one Chancellor Syverud has worked on. And hopefully Coach Fran, and the Chancellor, will be able to push (or pull) SU football along to be successful enough to be included. I believe that is the Chancellor's goal.
 
Interesting analysis of the House case Settlement by a sports attorney in South Florida who teaches NIL at Miami Law. He argues that the only win for athletes in the Settlement is the $2.8 billion of damages to the plaintiff class of athletes and payment of it is likely to be delayed pending appeals of the District Court's approval of the settlement. He argues that the other aspects of the settlement, such as payment of compensation to current athletes (which he argues schools could have done without the Settlement), with a ceiling but no floor, roster limits, and plaintiffs' counsel agreeing to lobby Congress with the NCAA, really aren't wins for current and future athletes.


Dude is a joke.
 
I believe Heitner is the lawyer Adam Weitsman was using to vet all of his proposed NIL activities
To my point...

The system isn't perfect, but let's not cry poverty and that the system is not designed to benefit kids.

It is sad that this whole entire NIL situation completely devalues the educational component that these student-athletes benefit from. How many regular people would have ZERO student loans at the end of earning a four-year degree? I understand a lot of soccer players and other Olympic sport student-athletes still need to pay, but the majority of D1 golf, tennis, volleyball, basketball, football, and softball players go to school for free. And many others receive a major discounted rate that the normal student does not.

They deserve to receive scholarship benefits, don't get me wrong, and they do help market the University on a grand stage, but how many of the other students on campus who aren't on athletic scholarship would have catered meals or special dining accommodations, receive gear packages with sneakers, shirts, shorts, sweatsuits, backpacks, and anything else that you can think of each year, access to medical care through athletic training, personal trainers by the way of strength & conditioning, PR and marketing teams that directly influence and help your brand by way of the SID & marketing staff, plus receive experiences traveling all around the country and around the world to be a part of the team?

The answer is zero percent of the average student body receives anything close to that. And that, by the way, costs real money that isn't taken into consideration when all of these analysts like Jay Bilas believe kids should be given the world.

As you have seen from many departments around the country, hard-working people are being let go from their jobs due to cost cutting directly related to NIL payments. It is sad, and is going to have a trickle-down impact on all of the Olympic sport experiences and the experience of all student-athletes.
 
Dan Wolken of USAToday: Did the power conferences get duped by signing off on the House Settlement, or did they build it to fail intentionally?


Final Paragraph:

"Given what has transpired over the last week, doubts about the settlement are more than legitimate. To go through this entire process and still not be able to answer definitively whether collectives can operate as they did before is perhaps the dumbest in a long line of dumb legal situations that college sports has found itself in over the last decade. The only question is whether they got there by malice or incompetence."
 
Possible Presidential Executive Order would be to "preserve" college athletics from "unprecedented threat" and destruction. Key points would be to 1) provide antitrust protection, 2) prevent "unqualified agents" from representing athletes, 3) support uniformity in NILs, and 4) possibly promote that athletes are not employees. House case plaintiffs' lawyers: athletes do not need the President's help. Extensive article by Yahoo Sports discussing the possible E.O. and related issues, including possible legislation and the current dispute between the CSC and the plaintiffs' lawyers: "The settlement’s primary goal — to shift athlete pay from NIL booster collectives to the schools — is at risk of crumbling as House plaintiff attorneys contend that college leaders are violating terms of the settlement by denying certain collective contracts."

 

revenue-sharing-conference.png
 
Possible Presidential Executive Order would be to "preserve" college athletics from "unprecedented threat" and destruction. Key points would be to 1) provide antitrust protection, 2) prevent "unqualified agents" from representing athletes, 3) support uniformity in NILs, and 4) possibly promote that athletes are not employees. House case plaintiffs' lawyers: athletes do not need the President's help. Extensive article by Yahoo Sports discussing the possible E.O. and related issues, including possible legislation and the current dispute between the CSC and the plaintiffs' lawyers: "The settlement’s primary goal — to shift athlete pay from NIL booster collectives to the schools — is at risk of crumbling as House plaintiff attorneys contend that college leaders are violating terms of the settlement by denying certain collective contracts."

The plaintiffs' attorneys are extorting the schools. They want their cake and to eat it, too. If they want to keep politicians out of the mess they should settle quickly. They don't hold the all cards like they think they do.
 
The plaintiffs' attorneys are extorting the schools. They want their cake and to eat it, too. If they want to keep politicians out of the mess they should settle quickly. They don't hold the all cards like they think they do.
It's going there. Nothing can stop it at this point. Human nature will drive the entire situation to the need for a babysitter. Hopefully the babysitter will be as good as the one who sat for the NFL kids.
 
It was only obvious for several years that Congress needed to get involved. The frame work of the house settlement is good. Prior to approval it was being reported the collectives were going to be limited and had to be for a real business purpose, not pay for play. Now the attorneys want to change the terms.
Congress needs to finally step in and put in antitrust provisions, limit nil to real nil, not pay for play and real enforcement.
No one had any issue if businesses provided real nil, but independent collectives was never the idea of nil.
If Texas tech has already gone over the limit that schools can pay the ncaa will impose sanctions.
 
THIS LITERALLY IS WHAT THE COACHES WANTED!!!! So now it just becomes the Wild West again. I hate everything about college sports. I want it to be fair. Oh wait, I can’t pay people from a collective. I want to pay players again!!
 
THIS LITERALLY IS WHAT THE COACHES WANTED!!!! So now it just becomes the Wild West again. I hate everything about college sports. I want it to be fair. Oh wait, I can’t pay people from a collective. I want to pay players again!!
It will calm down in a few years when all the biggest money men realize that not every billionaire can buy a championship every year. Then it will become a business as it should be.
 

What's the crux here? Treating a collective like a business just means there has to be a showing of a legitimate measurable business purpose, right? "We want to pool money and pay guys so they play for us" is not a valid business reason regardless of how the collective is "treated". I really really want to see collectives eliminated entirely, and hope that the eventual NCAA legislation outlaws them.
 

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