Nelson Mullins attorneys Daniel Cohen and Donovan Sowder discussed the legal considerations that universities should undertake in choosing to support NIL collectives. Specifically, the authors wrote that universities should consider the potential for imputed Title IX liability that may arise with supporting an NIL collective that favors male student-athletes and operates beyond purely market-based NIL transactions.
“This article seeks to explore the line for universities between permissibly promoting an independent collective and risking imputed liability by providing ‘significant assistance’ that may tie the collective too closely to the school’s programs and activities,” Cohen and Sowder wrote.
