The phrase Name, Image, and Likeness, or “NIL,” burst into the collective consciousness of athletes and sports fans alike after the United States Supreme Court ruled on NCAA vs. Alston, et. al was decided on June 21, 2021. However, protecting the interests of our uniquely talented clients began long before that decision. Our attorneys have decades of experience protecting the rights of gifted individuals in sports and entertainment and will continue to do so long into the future.
Our Sports and Entertainment Practice area has long included representation of famous athletes, entertainers, and creators in art, music, and many related industries such as instrument design and manufacturing. Our expertise covers every legal need that arises from having valuable NIL rights, from brand protection and licensing to talent representation and reputation management, as well as wealth planning. The Messner Reeves legal team also partners with athletes to protect them through contract review, intellectual property protection (including digital assets and NFTs), and compliance.
Since the Alston decision, we have combined that experience with our deep knowledge of NCAA regulations and and strong relationships with athletic department personnel, to provide an even wider scope of representation.
There is no true definition of a “NIL Collective,” and no two Collectives are created or managed the same way. Some are formed as 501(c)(3) non-profits, others are constructed as 501(c)(7) tax-exempt entities, and others have elected to create for-profit LLCs. Depending on the organization’s goals, Messner Reeves attorneys provide legal and tax advice on the formation, governance, and NCAA compliance aspects that must be navigated to meet objectives.
Messner Reeves attorneys work with alumni, boosters, and other founding members of NIL Collectives to protect and monetize student-athletes’ brands so they can receive the compensation that has historically been kept from them.
Academic Institutions entrust the Sports and Entertainment attorneys at Messner Reeves to represent their interests in various roles, including outside general counsel services for their athletic departments. The firm represents athletic departments in all areas, including employment, compensation packages, litigation, facilities contracts, intellectual property, vendor agreements, and special issues impacting public and quasi-public bodies and those with government contracts.
Messner Reeves is a go-to for the representation for arena development. Our multi-faceted team brings insight into every aspect of arena development. Clients trust Messner Reeves to create and deploy legal strategies that cover all levels of financing, development, real estate, contracting, licensing, endorsements, and investment. In addition, our award-winning trial department is brought in when litigation or other disputes related to arena development need to be addressed.
