NCAA Name, Image, and Likeness Lawyer (NIL) and NCAA Revenue Sharing Lawyer
Athlete Defender is a law firm and not a sports or marketing agency.
Jason Setchen has been an active attorney for over 25 years and he has extensive experience representing athletes, coaches, and athletic administrators at all levels of sport. First and foremost, Athlete Defender is a law firm and our lawyers have trial and litigation experience. Mr. Setchen and the professionals at Athlete Defender have extensive experience in handling all types of issues that arise in the Name, Image, and Likeness process as well and being at the forefront of managing issues arising at all levels of the NCAA v. House Revenue Sharing process. Jason’s work in the NIL space and his understanding of the NCAA Revenue Sharing process is diverse and extensive and therefore the firm is in a unique position to provide a unique perspective at all phases of the process (negotiations, contract formation and review and disputes).
Since the 2021 when the NCAA first permitted student-athletes to profit from their Name, Image, and Likeness, Mr. Setchen has worked on countless cases regarding NIL, representing parties from almost every angle of the issue. Now student-athletes are permitted to participate in Revenue Sharing at some “opt in” institutions, and Mr. Setchen has worked with athletes, universities, and coaches in connection with this process since its inception.
Who should profit from name, image, and likeness deals?
Enforcement, Collectives, Revenue Sharing, and NIL Dispute Representation
Since the inception of NIL in college sports, Mr. Setchen has represented numerous athletes at all phases of the process especially in NCAA enforcement actions related to potential NIL infractions, and Revenue Sharing disputes. While Mr. Setchen is frequently retained by athletes, in many cases, Athlete Defender has been retained by universities on behalf of student-athletes, coaches and administrators regarding investigations by the NCAA and CSC as well as providing representation in existing enforcement actions, working in cohesion with the student-athletes, compliance officers, the NCAA, the CSC, and in many cases with schools and their athletic department personnel or general counsel.
Mr. Setchen has also worked hand-in-hand with university athletic departments and NIL collectives, including those in practically every conference including, but not limited to the SEC, ACC and Big Ten concerning NIL and Revenue Sharing related issues and compliance.
NIL and Revenue Sharing disputes can be complex and may include, but not limited to rejection of submitted deals, breach of contract and non-compensation, or disputes with outside parties like those between an athlete and their NIL agents. With the advent of the College Sports Commission (the “CSC”), a new set of rules exist with respect to submission of potential NIL deals and the process for approval including the possibility of arbitration. Mr. Setchen has served as an arbitrator and a mediator and he is a Florida Supreme Court Certified Mediator.
NIL and Revenue Sharing Opportunities
Opportunities for student-athletes to earn income through post-House Revenue Sharing and from their NIL are plentiful. NIL “deliverables” can include many things such as public appearances, autograph signings, product endorsements, and participation in advertisements and print ads as well as podcast and radio appearances. Social media also presents an unlimited frontier for student-athletes to potentially monetize their exposure and gain financial opportunities through marketing and use of their NIL.
Like most financial opportunities, this process can be complex and will likely require a contract or other legal documents. Therefore, consulting with an attorney before signing any binding legal document(s) or engaging in any business venture(s) is always recommended. Contracting to participate in NCAA Revenue Sharing or engaging in the business of monetizing your NIL is definitely no exception, especially because of very serious considerations of NCAA CSC compliance and other eligibility and enforcement considerations.
If you are a current or prospective NCAA student-athlete going through recruitment or you believe that you may be in a position to financially benefit from your NIL and/or through NCAA Revenue Sharing, you should seriously consider consulting with an experienced NCAA attorney.
Legal Representation for Unpaid NIL Deals
With over 25 years of litigation experience, Mr. Setchen brings a wealth of knowledge and expertise to student-athletes navigating the complexities of Name, Image, and Likeness (NIL) agreements. After founding his own practice, Mr. Setchen concentrated on collections and breach of contract matters, skills that are increasingly applicable in the realm of NIL law.
Under current NIL laws, student-athletes have the opportunity to enter into contracts that provide compensation for the use of their name, image, and likeness. Unfortunately, some agreements are not honored, leading to disputes and potential litigation. Mr. Setchen has successfully represented student-athletes in matters related to NIL, including compensation issues, contractual obligations, and disagreements with NIL agents.
For student-athletes facing breaches of contract or unpaid NIL compensation, seeking experienced legal representation is essential to ensure their interests are protected and that they are compensated fairly. Mr. Setchen’s extensive experience in litigation and NIL disputes makes him a trusted advocate for securing the compensation owed to you.
While Mr. Setchen is licensed to practice law only in Florida and Washington, D.C., he routinely collaborates with local counsel in other jurisdictions in order to offer legal services across the country.
NCAA and CSC Representation for Athletes in Connection with NIL and Revenue Sharing
Athlete Defender can aid NCAA student-athletes with NIL and Revenue Sharing issues in some of the following ways:
- Interfacing with school Coaches, GM’s, and compliance officers in connection with NCAA Revenue Sharing and offering athletes support in all phases of the NIL process and assisting with documenting the NIL relationship to ensure that they are NCAA and CSC compliant, and do not pose a risk to NCAA eligibility.
- Representing student-athletes in all forms of enforcement and disciplinary actions brought by the NCAA, CSC, or a member institution in connection with any violation including an alleged improper usage of NIL or other claim of non-compliance with NIL bylaws, and legislation.
- Providing contract review, contract drafting, and offering legal advice pertaining to any potential NCAA Revenue Sharing or NIL relationship with universities, collectives, business partners, and/or appropriate third parties.
- Providing representation and advocacy for student-athletes in all facets of NCAA Revenue Sharing and NIL related compliance and enforcement.
- Aiding and counseling to student-athletes about how to potentially benefit from their NIL in compliance with the CSC and NCAA Legislation.
- Drafting and/or reviewing of business documents that will likely accompany NIL-related business relationships.
- Providing legal representation in connection with breach of contract actions stemming from the collection of money earned but not paid for work performed by a student-athlete.
Contact Athlete Defender today to schedule a consultation and put Jason and his over 25 years of legal experience to work for you.
