Practice Tips for NIL Counsel: Supporting Parents of Student-Athletes
By Natasha W. Robinson and Erik Albright
North Carolina high school student-athletes can lawfully commercialize their personal brands. With this shift in the legal landscape in favor of students, parents are engaging more in the legal process.
For example, in 2024, we saw parental advocacy in action with Rolanda Brandon, a North Carolina mom, whose son, Faizon, is a talented football player. When the North Carolina Board of Education attempted to ban high school NIL activities, Mrs. Brandon sought judicial relief against the Board of Education and the NC Department of Public Instruction in August, challenging the Board’s authority to restrict Faizon’s opportunities to monetize his name, image and likeness.
In October 2024, a Superior Court judge signed an order striking down the Board of Education’s rules that banned public high school athletes from entering any NIL agreements and profiting from those agreements. In reaching that decision, the Court inferred that Senate Bill 452 was intended for public high school athletes to have an opportunity to use their NIL, even though Bill 452 invited the Board to impose guardrails related to that use. However, despite its authorization of guardrails, the judge ultimately ruled it was an overreach for the Board to ban fully any use of the athletes’ NIL and ruled in favor of Mrs. Brandon. Winning!
Fast forward to January 2025, with NIL rules and regulations becoming more commonplace, we anticipate NIL lawyers will inevitably play an increasing role in supporting students and parents, like Rolanda, with navigating these legal requirements.
Here are three ways NIL lawyers can stay ahead of the game (no pun intended).
Get Certified
NIL law is a growing practice area within sports law, which requires staying abreast of an ever-changing landscape of laws, rules, and regulations and having a solid foundation in the sports business. It is also important to understand marketing, sponsorships, intellectual property and contracts. To steer parents in the right direction, you must be comfortable navigating new and uncharted legal territory and explaining to your client how current laws may or may not impact them. The National Federation of State High School Association offers a free course in Name, Image and Likeness. Registration information can be found online.
Build Client Trust Early
Parents have many hats to juggle beyond nurturing their child’s gifts and talents. There are many people who become involved in their child’s life as they pursue careers in sports from coaches, to trainers, to college recruiters, agents, potential sponsors and the like. To inspire trust, listen intently in your consultation with the parent and student to understand their respective goals . . . they may be different. Create a legal plan for your clients with milestones and deliverables that are accessible and easy to understand. Set up a transparent way to regularly communicate about the plan and any changes or new opportunities that may arise that they may need your help with. Be consistent.
Keep Open Communication With Your Clients
Partner with parents and students to educate them and support them through the NIL contract negotiation process, or in the case of litigation, the various case stages and procedures. While it may be tempting for our clients to focus on the financial aspects of the agreement, it is important that they understand other key provisions in contracts such as exclusivity, term and confidentiality, for example. Share your knowledge on the impact of negotiating these provisions with your clients so they can understand why you are drafting or marking up a sponsor’s agreement in a particular fashion. If your role is to serve as a litigator for the parent or student, you should be sure to explain what to expect pre-trial, during trial, and post and keep open communication lines to field any questions or concerns they may have about a particular stage of the case. Preparation is key!
To learn more about the Authors and the leadership of the NC Bar Association Sports and Entertainment Law Section, visit the section’s community page.