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.
2:10 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.
3:20 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.
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