8:55 Welcome and Introductions
9:00 What Is NIL? How Does It Relate to Student Athletes?
Barbara Osborne, University of North Carolina at Chapel Hill School of Law, Chapel Hill
Warm up with the basics and build a strong foundation. During this session, learn the meaning of NIL and how it relates to student athletes. Then discover how we got here with coverage of recent decisions, state law and regulations, and NCAA policies. The speaker reviews intellectual property usage rights and key considerations for students and schools. Money in the bank is great, but how does this affect student financial aid?
10:00 Break
10:10 NIL and International Student Athletes
Sherrod Seward, OAKLG Legal Group, Charlotte
Get the ball rolling as we dive deeper into the world of international student athletes and the impact of NIL financial benefits on student visas. On campus or off campus, passive income or active, hobby or business, on U.S. soil or international — find out why these things matter and other key considerations for schools and individuals to avoid jeopardizing a student’s immigration status.
11:10 Break
11:20 Current Issues With NIL Compliance and Enforcement
Lilian L. Faulconer, Ward and Smith PA, Greenville
Get your head in the game as we discuss current issues with compliance and enforcement — What now and what next? How has the playing field changed for students and collectives? Discover best practices for working with collectives and explore key considerations for deal structuring and NIL opportunities.
12:20 Adjourn
Thank you for joining us for Game On! What You Need to Know About NIL Rights for Student Athletes (2023 Sports & Entertainment Law Section Program).
This program discusses how NIL works — including common legal issues to consider and potential impacts on your clients — setting you up to win with a strong foundation, best practices and practical takeaways.
Christy A. Coates is a trademark attorney with Chestek Legal in Raleigh. She has experience in the entertainment and music industries, customer service, operations management and touring. Her focus is on entertainment law and intellectual property law including trademark, copyrights, licensing, media law and contracts.
Christy also works as a Production Assistant with CID Entertainment working for multiple tours with acts that include Eric Church, The Kings of Leon, Alternative Press Music Awards, Dirks Bentley, Lady Antebellum, Florida Georgia Line, Luke Bryan and Kenney Chesney.
Christy is an active member in the North Carolina Bar Association, where she serves as both a co-chair of continuing legal education for the Sports and Entertainment Law Section and as a member of the Women in the Profession Committee. She is also an active member in the International Trademark Association (INTA) where she serves on the UNREAL Campaign Committee.
Christy earned her B.A. in Marketing and Management from Lenoir-Rhyne University and her J.D. from University of North Carolina School of Law.
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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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Barbara Osborne is a Professor and Law/Sport Administration Dual Degree Coordinator at the University of North Carolina at Chapel Hill School of Law. She teaches Legal Issues in College Sport and NCAA Governance and Compliance in the graduate program, as well as Legal Aspects of Sport, Discrimination and Sport, and Women and Sport in the undergraduate program. She holds a secondary appointment teaching Sport Law at the UNC Law School. Barbara advises the Sport and Entertainment Law Association student organization.
Barbara is a co-author of three books, including Sports Law & Regulation: Cases, Materials and Problems, the leading sport law casebook. She has published numerous book chapters and journal articles and is a popular speaker and guest lecturer. She received the North American Society for Sport Management Distinguished Educator Award in 2020, the J. Carlyle Sitterson Teaching Award in 2015, and the Edward Kidder Graham Outstanding Faculty Award in 2005. She is a Research Fellow in the Sport and Recreation Law Association and was awarded the Betty van der Smissen Leadership Award in 2014.
Prior to her appointment at UNC in 1998, Barbara worked for 14 years as an athletics administrator in intercollegiate athletics. While working at Brandeis University as the Senior Woman Administrator and Associate Athletics Director, she completed her law degree. She also has experience as a coach, public relations coordinator, television sports commentator, publisher, and sports information director. She practiced law with Ice Miller LLC in their College Sports Practice Group and served as General Counsel for NACWA (now Women Leaders in Sports).
Barbara served as chair of the NCBA Sport and Entertainment Law section, and is also an active member of the Sport Lawyers Association.
Barbara earned her B.A., cum laude, in Communication from University of Wisconsin-Parkside (in Kenosha, WI), her M.Ed. in Human Movement (Sport Management Concentration) from Boston University and her J.D. from Boston College Law School.
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Sherrod Seward is an attorney with OAKLG Legal Group in Charlotte. He is the principal of the Charlotte-based Extraordinary Ability Visa Practice, which is one of the most active and respected sports-focused immigration firms in the United States.
Launched in 2019, Sherrod started Sherrod Sports Visas out of a deep passion for sports, and a desire to use his law degree to advocate for athletes as they journey through demanding and convoluted pathways to procuring sports visas for international competition.
Even before he finished law school, Sherrod was already working in professional sports as the manager of a number of prominent mixed martial arts athletes. He also advised the careers of several athletes who went on to become champions in the Ultimate Fighting Championship (UFC).
Sherrod specializes in securing O and P visa status for his clients, which has included some of the greatest professional fighters in boxing and MMA, football, hockey, basketball players and even equestrians. He has also worked on behalf of franchises in the major sports leagues such as the NHL, NFL and NBA.
Over the years, Sherrod has provided solutions for athletes and sports professionals from countries such as Kazakhstan, Brazil, South Africa, United Kingdom, Argentina, Australia, Russia, etc. With the exception of Antarctica, he has obtained a P-1 visa on every continent.
Sherrod graduated from Cleveland-Marshall Law in Cleveland, Ohio. While there, Sherrod studied sports law under former IMG General Counsel and esteemed sports attorney, Peter Carfargna. He attended Hampton University as an undergraduate, receiving a B.S. in Marketing.
Sherrod approaches his sports immigration practice with the same tenacity he applies to anything in his life, whether it's his love for music, mixed martial arts or anything Cleveland-based.
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