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Commission Rejects Collective NIL Deals, Faces Legal Challenge Over Business Purpose Rule

House settlement lawyers say the CSC’s profit-driven rule for NIL agreements conflicts with the approved settlement

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Overview

  • The CSC is rejecting NIL deals with donor-backed collectives that exist solely to funnel money to athletes, ruling they fail the valid business purpose requirement.
  • Since June 11, NIL Go has cleared over 1,500 athlete agreements valued from three to seven figures while enforcing a profit-focused standard for all transactions above $600.
  • Jeffrey Kessler and Steve Berman have formally warned the CSC that its business-purpose interpretation clashes with the $2.8 billion House settlement and they intend to pursue legal action.
  • Multiple established collectives have ceased operations and are exploring reorganization as public-facing enterprises selling goods or services to satisfy the CSC’s standards.
  • Although arbitration is required under the settlement, collectives and athletes are preparing antitrust and state law challenges that could prompt courts to rule on the clearinghouse’s authority.