12:55 Welcome and Introductions
1:00 Law and Regulatory Updates
Clinton H. Cogburn, Ward and Smith PA, Asheville
The excitement of the new NIL landscape is coupled with questions on how businesses and others looking to get involved in NIL with student-athletes and member institutions are required to act and what those entities must do not to run afoul of the NCAA and applicable state law. In this session, Clint Cogburn discusses the May 9, 2022 guidance from the NCAA and other recent guidance, regulations, and laws throughout the country.
2:00 Break
2:10 FTC Endorsement Guidelines
Lilian L. Faulconer, Ward and Smith PA, Greenville
The NCAA and individual states are not the only players establishing important guidelines in the NIL arena. As part of its promotion and regulation of truth in advertising through the Federal Trade Commission (FTC) Act, the FTC has created Endorsement Guides, which apply to companies who enter into deals with athletes to promote their business or products. In this session, Lily Faulconer discusses and apply the FTC's Endorsement Guides, with particular attention to considerations for businesses in the NIL context.
3:10 Break
3:20 Brand Protection and Contract Terms
Erica B.E. Rogers, Ward and Smith PA, Raleigh
One of the most important ways to protect business clients in the NIL context is through brand protection and contract terms. Behind the exciting sports events, product giveaways, and social media posts lies important risk assessment and legal work. Making sure our business clients understand what "red flags" to avoid and what steps to take to protect themselves is key to a successful endorsement deal. In this session, Erica Rogers discusses practical considerations for attorneys working with businesses in this space.
4:20 Adjourn
Thank you for joining us for Game Changers.
The world of name, image, and likeness (NIL) has exploded onto the scene and taken college athletics by storm. The impact of NIL on the college sports landscape is a topic of daily discussion throughout sports media.
Clinton H. "Clint" Cogburn is a land use and litigation attorney with Ward and Smith PA in Asheville. He represents clients facing a wide range of challenges in the areas of litigation, community associations and zoning and land use. His experience covers all aspects of litigation, including pre-trial matters, motions, depositions, hearings, mediations and arbitrations.
In his community associations practice, Clint assists planned communities and community association boards and members with corporate governance, procedural requirements, governing document amendments, fiduciary duties, inspection right, collection issues, and rule adoption and enforcement.
Additionally, Clint devotes a portion of his practice to helping clients navigate zoning and land use issues, such as subdivision of property, zoning and rezoning matters, special use permits, conditional use permits, variances, appeals of the interpretation of zoning ordinances, certificates of appropriateness, development approvals and development agreements.
Clint earned his A.B., magna cum laude, from the University of Georgia and his J.D. from Vanderbilt University Law School.
Click here for more information about Clint.
Lilian L. "Lily" Faulconer is a creditors' rights attorney with Ward and Smith PA in Greenville. Her practice focuses on a variety of creditors' rights, bankruptcy, and corporate matters. She assists a range of stakeholders, including lenders, banks, financial institutions, and other creditors, on issues related to bankruptcies, collections, foreclosures, restructuring and insolvency.
Lily's work also includes representing closely-held businesses and health care providers on transactional matters. She routinely drafts various contracts, loan documents and workout documents.
Prior to joining Ward and Smith, Lily worked in college and professional athletics. She leverages her past experience in the sports industry to assist clients as part of the firm's Name, Image, and Likeness Practice Group.
Lily earned her B.A., summa cum laude, from East Carolina University Honors College, her M.S. from East Carolina University, College of Health and Human Performance and her J.D. from the University of North Carolina at Chapel Hill School of Law.
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Erica B.E. Rogers is an intellectual property attorney with Ward and Smith PA in Raleigh. She assists individuals, small businesses, and large corporations with a wide array of intellectual property matters. Her practice focuses on trademark selection and clearance, trademark prosecution and registration, and trademark portfolio management. She also routinely engages in resolving trademark disputes, including drafting cease and desist letters, negotiating coexistence agreements, providing subject matter expertise for litigation in federal court, and handling cases before the Trademark Trial and Appeal Board (TTAB).
Erica assists with copyright matters, often in the form of counseling clients on ownership, acquisition, protection, and enforcement. She resolves internet and domain law issues and develops terms of use and privacy policies for websites and mobile applications. She understands the personal, financial, and meaningful effort clients invest in their intellectual property, and her background and work reflect this understanding.
Erica's focus in intellectual property law extends to assisting with transactional, licensing, and various business matters in multiple industries, including matters in the hemp and CBD industries. She is available to assist hemp breeders, growers, processors, manufacturers, distributors, retailers, and other market participants with brand protection for hemp and hemp-derived marks, Federal, state, and local legal and regulatory compliance matters, and agreements within the industry.
Erica leads the firm's Name, Image, and Likeness Practice Group. Many individuals license commercial use of their name, image, and likeness ("NIL") to companies, and more recently, individual collegiate athletes have been able to do so. The NIL Practice Group primarily assists businesses who work with these athletes to promote products or services, in addition to assisting NIL collectives, marketing agencies, software platform providers, and financial advisors. Erica stays aware of the changing laws and regulations in this space, which complement her already-developed skills in negotiating and drafting license agreements.
Erica earned her B.A., magna cum laude, in Spanish from Meredith College, her B.M., magna cum laude, in Piano Performance from Meredith College and her J.D. from the University of New Hampshire Franklin Pierce School of Law.
Click here for more information about Erica.
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