NIL Recent Developments: Monitoring and Enforcement, New NCAA Policies and Protections, State-Specific NIL Laws

Ms. Wiznitzer maintains a transactional practice focused on advertising, media, entertainment, sports and technology. She is experienced in drafting and negotiating a wide range of commercial, corporate, entertainment, sports and financial service agreements and transactions. Specifically, Ms. Wiznitzer advises clients on matters associated with intellectual property, licensing, brand protection and sponsorship, as well as in connection with joint ventures, M&As, broad corporate transactions, new ventures and general corporate matters. Notably, she has worked with professional sports teams and leagues on a variety of corporate and commercial transactions.

Mr. Barnett serves as outside counsel to various NIL Collectives where he is regularly involved in representing for-profit and nonprofit entities in the creation of NIL Collectives as well as formulating compliance guidelines; drafting NIL contracts relating to both domestic and international student athletes; drafting and negotiating third-party vendor contracts involving businesses, collectives and student athletes; providing oversight and management of intellectual property rights related to institutions and NIL Collectives; providing day-to-day NIL Collective compliance oversight; providing regular compliance review and oversight related to press releases and external marketing and advertising campaigns; structuring and negotiating NIL Collective mergers; and representing coaches in relation to contract negotiations. Mr. Barnett also has two decades of experience as a commercial litigation attorney with a particular emphasis on partnership disputes as well as cases involving real estate, energy, construction and employment matters. He frequently litigates contract disputes, employment matters as well as class action and appellate cases.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. Mr. Clifton serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.