NFL Union Had Secret VC Fund in the Works; NCAA's New Landscape

16 Aug 2025 · 38 min

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Podcast Summary: Bloomberg Business of Sports - Episode on NFL Union and NCAA Changes

Episode Overview

  • Podcast Title: Bloomberg Business of Sports
  • Episode Title: NFL Union Had Secret VC Fund in the Works; NCAA's New Landscape
  • Hosts: Michael Barr, Vanessa Perdomo, Damian Sassower
  • Guest Speakers: Randall Williams (Bloomberg US sports business reporter), Adam Minter (Bloomberg Opinion columnist), Kelleigh Irwin Fagan (former collegiate athlete, partner at CCHA Law)

Key Topics Discussed

  1. NFL Players Association (NFLPA) Turmoil
  2. Secret VC Fund:
  3. Discussion centered around the revelation that former NFLPA leaders were exploring the creation of a secret venture capital fund.
  4. The intention was to eventually invest in an NFL franchise.
  5. Lloyd Howell, the former executive director, believed this could empower players by granting them equity in franchises, though this was met with skepticism regarding support from team owners.
  • Current Leadership:
  • David White is the interim executive director following Howell's departure.
  • Challenges include rallying support within a divided player base after Howell's controversial decisions, including negotiations over an 18-game season.
  1. NFL Team Valuation Trends
  2. Chicago Bears Sale:
  3. The Chicago Bears were sold for $8.8 billion, surpassing expectations and previous sales figures for NFL teams, indicating a significant surge in franchise valuations.
  4. Current discussions suggest that successful stadium developments could inflate future valuations to $10 billion.
  • Impact of Private Equity:
  • The trend of minority stake sales and private equity involvement is reshaping team valuations, with discussions about the implications for future ownership structures.
  1. America's Soft Power in Sports
  2. Impact of Travel Bans:
  3. Adam Minter discusses how recent travel restrictions are undermining America's soft power in the realm of sports.
  4. The changes affect international athletes' ability to participate in events like the Little League World Series, raising concerns about accessibility and the U.S.'s global sports image.
  • Definition of Soft Power:
  • Soft power refers to cultural influence, contrasting with hard power (military or economic coercion). Sports have historically been a key vehicle for projecting American values globally.
  1. NCAA Changes and NIL Landscape
  2. NIL Developments:
  3. Kelleigh Irwin Fagan explains evolving regulations around NIL (Name, Image, Likeness) rights for collegiate athletes.
  4. The NCAA is facing ongoing legal challenges and adjustments, particularly related to Title IX implications and the balance of financial equity among male and female athletes.
  • SCORE Act:
  • Discussion of the SCORE Act and its efforts to codify existing NCAA settlements to streamline regulations and prevent further antitrust challenges.
  • The act aims to address issues of representation, protection of women’s and Olympic sports, and the broader implications of athlete employment status.
  1. Athlete Contract Concerns
  2. Contracts in NIL Landscape:
  3. The integrity and enforceability of contracts for student-athletes are under scrutiny.
  4. Kelleigh highlights the importance of education and representation for athletes entering contracts, particularly in an increasingly complex NIL environment.

Key Takeaways

  • The NFLPA's exploration of a venture capital fund reflects ongoing tensions between players and owners regarding equity and control within franchises.
  • NFL team valuations are continuing to rise, influenced by private equity and changing ownership dynamics.
  • America's soft power in sports is at risk due to increasing travel restrictions and complications for international athletes.
  • The NCAA’s landscape is transforming rapidly with NIL rights, presenting both opportunities and challenges, particularly concerning Title IX compliance.
  • Ensuring fair contracts and representation for collegiate athletes remains critical in navigating the evolving sports business environment.

Conclusion The episode provides an in-depth look at the intersection of sports, finance, and policy, emphasizing the complexities and challenges faced by athletes, leagues, and governing bodies in a rapidly evolving landscape. The discussions reflect broader themes of equity, representation, and the global influence of American sports.

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Transcript

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0:28This is the business of sports. tune into this. If you're playing money ball with a huge bag of money, you're going to be really, really good. Bloomberg Business of Sports from Bloomberg Radio. This is the Bloomberg Business of Sports where we explore the big money issues in the world of sports. I'm Michael Barr along with my colleagues Damian Sassauer and Vanessa Berdomo. Coming up on the show, we do a deep dive on the NCAA with college football's new season coming up. We'll take a look at the latest following the NCAA settlement with the House, some of the latest legal headlines involving college sports, and more.

1:05Plus, we'll also take a look at how some of the Trump administration's policies could be reshaping America's soft power in the world of sports. We'll explain that. All that and more is on the way on the Bloomberg business of sports, but first, we continue to follow the turmoil in the NFL Players Association. One of the latest discoveries, the union's former leaders, were working in secret on a venture capital fund with the hopes that one day it would raise enough money to invest in an NFL franchise. Bloomberg U.S. sports business reporter Randall Williams has been following this story, and he joins us now to discuss.

1:46Randall, welcome back to the Bloomberg Business of Sports. As always, thank you for having me. Now, you wrote a great article, man. It's so much to talk about here. In your article, the former head of the National Football League Players Association, Lloyd Howell. When he left, Howell's project for the Union's secret venture fund project also left. And he had hoped it would raise enough funds to invest in an NFL team. I just don't see other NFL team owners voting for that. Yeah, neither do I. I think it was a little far-fetched, but he had, from what my sources told me, he had reason to believe that this was a way that NFL players could gain equity in teams.

2:31I mean, the NFL owners voted to ban that as part of contract negotiations. Aaron Rodgers tried it, Caleb Williams tried it, and evidently they were like, no, this isn't going to happen. And when Lloyd Howell came in at the time, he mentioned during his press conference that in his conversations with the league, well, at the time, no one had reported the firms that the league was having conversations with, which obviously goes back to his position at Carlisle. And so he had started basically bringing together a quiet group of people at the NFLPA to look into raising funds in hopes of one day buying into a team.

3:06Now, what team would allow that and what owners would approve that? But I don't think we'll ever find that out. It's interesting because I was trying to figure out who it would actually be the most beneficial for, obviously other than Lloyd Howell himself, because is it beneficial to the players? I mean, they kind of have that seat, but also at the same time, if the owner did allow it, technically that means the players or whatever the PA would be in on the best interest of the franchise. Yeah, I don't know. I don't know that the project got far enough to figure out like the intricacies of how this would work.

3:42Like what is exit exiting look like in this proposed plan? And another part of this is like if you're one of the NFL's greatest earners. So let's think like Mahomes, Allen, Jackson, Burrow, they're all going to earn probably another$300 million in their career. at a certain point they might just want to buy in themselves and not want to go as part of this union thing now obviously with lloyd being gone for a multitude of reasons i don't think that the new executive director is going to come in and be like yes venture fund that's definitely at the bottom of his to-do list well rand talk to us about david white who is the new interim i believe director i talk is is that going to be a permanent position is he going to be the permanent you know leader of the NFL Players Association?

4:27So he was interviewed alongside Lloyd when Lloyd was hired, not at the same time, but he was another candidate. And it's to be determined, I think, that luckily he's in a time of labor peace. When Lloyd was in his tenure, he was talking about the biggest contention point was whether or not they could get an 18-game season done. At first, Lloyd was in favor of it. Then at the Super Bowl, he changed gears a little bit. It's unclear how David feels about this. And the union doesn't really put their executive director in front of journalists much. Like outside of the Super Bowl interview that they have during Super Bowl week, they don't really speak that much.

5:04So I don't know how David feels about this. Now, the first thing that he has to get in order is to rally the NFL players like Lloyd's actions as executive director and also J.C. Tretter as well have divided a lot of players and there's a lot of uncertainty. And so who is going to be the person to rally the troops? And I think it has to be David White. I want to go back to Aaron Rodgers. Now, in his heyday, obviously, he was with the Green Bay Packers. But because the way the Packers' ownership is structured compared to the Jets, I'm assuming that's why he put it in the try-to anyway, the Jets contract.

5:43Yeah, that's part of it. I mean, no one can buy into the Packers. I don't even think the Packers can ever be sold. But at the time of his Jets tenure, he's thinking about like long term. And I don't know how much he would have asked for. I imagine it would have been a very small stake. We've seen people buy 0.5 percent. I believe Charles Woodson bought 0.1 percent. But you got to remember, 0.1 percent of like the Giants is going to go for millions of dollars. So it would have been very beneficial to Rodgers because, of course, NFL valuations have shown no sign of slowing down. in large part because no one is stopping watching the NFL.

6:17The Super Bowl had 127 million viewers. So Rodgers, rightfully so, was like, let me get in on this. And then the NFL owners had a quick, impromptu meeting. Everybody voted no, and that was the end of it. Well, you know, Randall, while we're talking about NFL sports teams' valuations, I can't help but point out the Chicago Bears resetting the playing field at$8.8 billion. And let's just think about some of the more recent transactions. The Niners went for 8.6, the Eagles for 8.3, and the Dolphins for 8.1. I'm talking taking on some minority investors. This, I mean, is a big, big number. I mean, even adjusting for all of those previous transactions, that's what we do here at Bloomberg Intelligence.

6:54We kind of try to smartly adjust for things in real time. I mean, I was only coming up with a$7.74 billion valuation for the Bears, and they go for 8.8. I mean, my God, this is just resetting the bar, no? It does. Because what's most interesting to me, and I'll go on record and say that the Bears are the biggest sleeping giant in the NFL by far. They have the third or fourth largest market, depending on if you want to put Houston in front of them. But they have the smallest stadium in the NFL, the oldest stadium in the NFL, and they're struggling to build a new stadium probably in Arlington Heights.

7:27And with that in mind, the 8.8 number is staggering. But, of course, you still need a stadium built. And at that point, you look at Josh Harris, for example, who has this$3.8 billion facility that he hopes to open by 2030. What does the Bears go for? When they were talking about putting this on the lakefront, the number they floated around was$4.6 billion. That was with all the infrastructure. The stadium itself would have been$3.2 billion. Now, granted, the lakefront stadium is dead and they haven't got into the specifics in Arlington Heights. But with that in mind, you add a stadium onto the valuation of 8.8 and you very quickly get to a 10 number, which is very, very high.

8:03I want to talk about the Chicago Bears and their board. They reset all that. Edward McCaskey is the son of board secretary Patrick McCaskey. He was named the seventh member of the panel. He replaced his grandmother, Virginia McCaskey, who died in February at age 102. How much of an impact will Edward McCaskey now have? Can I just for our audience here, Michael, let's just talk about who Virginia McCaskey is. She is the daughter of the founder of George House, who bought the team in 1924 for$100. Insane. Oh my. Anyone who doesn't believe in women's sports should remember that. $100 a hundred years ago.

8:45So just give them a little bit of time. $100 a hundred years ago. They didn't even have leather helmets back then. No. But it's got to have an impact. I mean. Well, I think the Bears board is one of the more private boards of all the NFL ownership groups. Like George McCaskey is not getting on a podium. He'll talk to reporters, of course, but he's not one of the more forward facing owners in the NFL. And neither are the board members. The most often people at the NFL league meetings that are speaking are Bears president and CEO Kevin Warren and occasionally Ed McCaskey. And so with that in mind, I am interested to see if Ed McCaskey has any impact on the stadium front.

9:26Now, that's been Kevin Warren's project, of course, but they have a long way to go. And I mean, maybe he comes in with a new fresh mindset. He starts talking about any way to fund this or maybe he's lobbying. I don't know. Yeah, it'll be interesting to see what they do on the stadium front. The thing that I find interesting and you pointed out those numbers earlier, Damon, about which teams have gone recently. and they're all for the minority stakes, but different than we thought, right? We thought private equity was going to come in and rechange the valuations, but these minimal 2%, 6 % deals are changing valuations.

10:00Do you think that they should have an impact like that? I think that this is an impact of private equity. There are some people who might disagree with me, but what you're seeing from my vantage point is that private equity gets approved in August 2024. you immediately have two deals approved in December. That's Dolphins and that's Bills. And then three months after that, in March, you have a Chargers deal, I think that is, March or May, one of those two league meetings. And, of course, you have all these minority stakes. Now, all of these ownership groups, if you go back to the Eagles, the Eagles considered private equity.

10:35I believe the 49ers considered it as well. And so what I think is probably happening is that it is a new investment pool for these owners to look at. And evidently, then they have these conversations with private equity firms. They have these conversations with individual investors. And then whoever is the right investor and the right fit and they have the most money, they go with. And so with the Bears in particular, this was a small stake. I'm sure that they may eventually look further into private equity, of course, because private equity is going to help with the stadium funding. But in regards to the 49ers, the 49ers had conversations.

11:09They went another way. The Eagles had conversations. They went another way. And the exact reasoning for that is unclear. But it doesn't really matter because it is what the NFL wants to see. They want to see more of these minority transactions so that if owners want to get more capital, they can. And that's what's happening. So I think it's an inadvertent impact that private equity is having. And there will be more deals to come. Sixth Street hasn't made a deal yet, and neither has Dynasty, Carlisle, and Curtis Martin. Randall, you think the Giants sell for$10 billion? I do think that stakes are passing.

11:41The reason, let me explain. I agree. If the coach family is involved and considering what they bought into BSC, which is, of course, the Nets and the Liberty, they have a lot of money. A whole lot of money. And so if you're competing against the coach family and you're putting up money, what if they say, we want the full 10 % and we'll go$1.5 billion? Well, that's a$10.5 billion valuation. And who's going to be willing to own 10 % of the team, have no, you know, hat to control and just say, I just want to be a fan and, you know, participate and help you all. There's not a lot of people who are going to be offering$1.5 billion for anything that they're not going to control.

12:18Our thanks to Bloomberg U.S. sports business reporter, Randall Williams, for joining us. Up next, we take a look at how America is wielding soft power in the world of sports and how new policies might be reshaping that influence. For Damian Sassauer and Vanessa Perdomo, I'm Michael Barr. You are listening to the Bloomberg Business of Sports from Bloomberg Radio around the world.

12:50This is Bloomberg Business of Sports from Bloomberg Radio. This is the Bloomberg Business of Sports where we explore the big money issues in the world of sports. I'm Michael Barr, along with Damian Sassauer and Vanessa Perdomo. The U.S. has long-wielding soft power in the world of sports, but recent changes to U.S. foreign and immigration policies could be reshaping that soft power and affecting athletes around the world. Bloomberg opinion columnist Adam Minter's latest piece discusses this, and he joins us now to tell us about it. Adam, welcome to the Bloomberg Business of Sports. Glad to be back.

13:28I want to talk about one of the articles, and you hit a point. America is undermining its soft power in sports. And part of this is because with new travel restrictions that's going on and all that's going on and people are afraid of ice and this and that, that has changed the landscape in sports. It absolutely has. You know, the Trump travel bans, as they're loosely called, are really starting to impact who can come to the U.S. and why they can come to the U.S. in terms of sports. And we're seeing this with the Little League World Series, which is happening right now. It took an exemption from the Secretary of State, Marco Rubio, to get the Latin American representatives, a team from Venezuela, Cardinales Little League, into the country.

14:23And that's fairly unprecedented. I mean, usually and historically, international athletic events in the U.S. have welcomed and have had no problem welcoming competitors from all over the world. And all of a sudden, since the beginning of June, that's no longer the case. We've seen visa denials for teams. And then we've seen, you know, unbelievable red tape having to be cut through as we have with this Venezuelan Little League team. So it's a real shift. It's interesting. And also, if you could explain a little bit of the idea of what the term soft power means in regards to this topic. Sure, sure.

15:04Well, hard power is, you know, what it kind of sounds like military means, tariffs, these kinds of things that are ways of extending U.S. power kind of with a big stick or, if we will, with a baseball bat. Soft power is a little bit different. It's cultural power. You know, it's going to China and seeing a lot of kids wearing James Harden jerseys, which you will see. They love Harden over there. You know, those kids aren't just embracing James Harden. They're kind of embracing the American values, the creativity that a guy like James Harden embodies on the court. So that's the kind of thing that is much harder to acquire and much harder to project.

15:45But the U.S. has been able to do it for decades. And one of the ways it's been able to do that is through sports. And these travel bans, as I argue in this recent piece, are starting to undermine that traditional soft power that the U.S. has wielded. Well, it's one thing when, you know, the State Department's denying these as to members of Senegal's national women's basketball team or Cuba's national women's volleyball team. We've got FIFA World Cup coming to town. We've got the Olympics coming to L.A. I mean, what about your average run-of-the-mill fan from abroad or family member who wants to watch their child participate in some of these events?

16:19Do we expect they're going to have similar problems here? Absolutely, they will. I mean, again, there are certain countries that will have no problem. If you're coming from the UK, you're probably going to be able to get in and see your child dive for the UK diving team at LA-28. But the problems come, as exactly as you point out, with the fans. The travel bans make exemptions for major athletic events, and it was the Olympics and the World Cup that everybody had in mind, but it does not make, the bans do not make exemptions for fans. And so if your country is on the list of around a dozen countries, you know, Venezuela, Cuba, some West African countries, and it's likely to expand to more countries, you may not be able to get in.

17:07And it kind of undermines, not kind of undermines, it definitely undermines one of the reasons, theoretically, why the U.S. would want to hold events like this. I mean, it's to showcase our country, to showcase our venues, to showcase our openness, ironically, and to showcase how well we can host an event. You know, these aren't just about hosting the World Cup. They're advertising our ability to host other kinds of events. And if people can't get their people into the country, they're going to look elsewhere. Well, I agree with most things that Adam Mentor is mentioning here, Michael Barr. But, I mean, let's be clear.

17:41U.K. athletes getting into the U.S., just so long as Keir Starmer, you know, prime minister of U.K., treads the line carefully with the White House. You know, we can – I don't think anything is set in stone here. Well, you know, what I realize is that, like – and you said it best, Adam. This isn't just like with baseball or basketball or something like that. This impacts – because I'm a motorhead – in the F1. I mean, you know, everything. The fans, you know, if you're from Brazil and you're rooting for your driver or this, that, whatever, or even the drivers for that matter, this impacts everything.

18:16Yeah, that's a great point, because, again, the travel bans, you know, they make a exemption for major sporting events. Well, you know, obviously in the Olympics and the World Cup, you know, what is the Miami Grand Prix? Does that qualify? You know, does the Las Vegas Grand Prix qualify? You know, is Marco Rubio going to, you know, be sitting in his office signing travel exemptions for, you know, team members from countries that are on the travel ban list? Or, you know, for that matter, is he going to be signing exemptions for people, you know, who got caught up in a dragnet at the, you know, the consulate in Rio that day because some visa officer was in a bad mood?

18:58I mean, this really turns the soft power idea and the openness of American sports on its head. And Vanessa, this does not help Las Vegas at all because they just came out with a report that said that their visitors coming to the city went way down. Yeah, I saw that as well. I mean, it's interesting after we've seen so many sporting events in Vegas, then the downtick happened, which is definitely something to pay attention to. Adam, I'm curious, because in your article, you talked about how this could affect NCAA athletes, because we've seen a huge uptick in that in the last few years. I played Division I.

19:42They got free scholarships. And no matter what sport they played in, it's a massive part of college athletics. So how is it going to affect that? Well, it's first worth noting that the number of international athletes coming to the U.S. to play in NCAA sports has ballooned over the years. In the piece, we note that in 2023-24, around 7 % of D1 athletes are international. Now, not all of those are scholarship athletes. A lot of them are. But you also have the case where you have international athletes from countries that don't have a training program, say in swimming or diving, which are very popular examples.

20:24They can't train as well, say in Singapore, as they can somewhere in the U.S. They will pay tuition to schools to take these kids and train them. That's a business opportunity for these colleges and universities, first of all. But even where you're talking about the scholarship athletes, I mean, there's a lot of uncertainty there. I mean, if you're a basketball program and you're counting on, you know, a student coming in from, you know, say, Serbia, and I'm just throwing this out there. I don't know if any T1 programs have it to play basketball. And there's visa delays. That not only gives you pause for the future about whether you're going to be recruiting these kinds of athletes because, you know, you're not going to have the student athlete there, the athlete there.

21:04But on the other side of the equation, say you're a Serbian, a very talented Serbian, you know, 18-year-old center, you may have other opportunities. They may not be as lucrative as playing in D1 basketball is these days, but at least you know you can get the visa to say go play in Spain. And so, again, it's cutting the U.S. off from international talent. So it's going to lower, theoretically, the level of competition across American college sports. And it's also going to hurt the business of college sports. I also want to talk about, and you wrote another good article, and this involves Bryce Harper, you know, first baseman for the Philadelphia Phillies, making$330 million.

21:47dollars uh he got into a let's call a uh a little tift he did um you know exchange well he was talking to major league baseball commissioner rob manfred and uh it ended up with uh harper saying oh yeah your brother blows bubble gum and then all it all broke loose well you wrote a great article that should a 330 million dollar player be the face for getting more pay fights yes i mean i i think uh you know the harper confrontation with uh with manfred is interesting because it was manfred going to the phillies uh phillies team meeting to basically just talk about what's going on in the business of baseball and he does this with every team um just updating them.

22:40And Harper, who we know just from watching him on the field, he has a bit of a temper. He sensed that Manfred was about to start talking about salary cap, which is something that the Players Union and Harper have opposed for many years. And he got up and used an expletive telling him where to go. And Manfred fired back and, you know, cooler heads prevailed and they stop talking about the salary cap. But my point in this piece is, you know, a guy like Bryce Harper has done really well without a salary cap in baseball. I mean, he's got the$330 million contract. So it's natural that he wouldn't want one.

23:20But that discussion, guys like Harper are really the exceptions in baseball. And anybody who follows baseball knows that most of the players on most rosters aren't making that kind of money. Most of them are struggling with salaries around $1 million a year. Now, I would be happy to have a salary of$1 million a year or even the MLB minimum of$760 ,000 a year, but they're locked into contracts that don't allow them to get to that level of compensation for years. And so those are the players who I argue should be talking, not Harper. Well, Adam, I mean, you couldn't be more right on this front. I mean, this number just stood out to me in your article.

23:56I just have to, for our audience here, in 2015, the median Major League Baseball player salary was$1.65 million. Today, 10 years later, it's only$1.35 million. It's gone down, down. I mean, that is just mind-numbing when you think of all, just how big the Major League MLB is and how many players there are and minor leagues and everything that goes hand-in-hand with it. I mean, it really does, I mean, it does bode in favor of a salary cap, something like what we see in the NFL and some other professional sports leagues, no? Right. And it also pushes against the narrative that I think many fans have about baseball, which is that the salaries keep spiraling upward.

24:37But that's not the case. And it's worth keeping in mind. Again, Bryce Harper, he's written that narrative. But for most of these players, they're stuck in six years of service. That is, their rookie contracts mean that they're stuck on a team unable to negotiate, really, their contracts. There's some movement. There's some contractual stuff. But they can't get their value. They're underpaid. Our thanks to Bloomberg Opinion columnist Adam Minter for joining us. For more from Bloomberg Opinion, visit Bloomberg.com slash opinion or O-P-I-N-G-O on the Bloomberg Terminal. Up next, we take a deep dive on the latest headlines in college sports.

25:27For Damian Sassauer and Vanessa Bernomo, I'm Michael Barr. This is the Bloomberg Business of Sports from Bloomberg Radio around the world.

25:40this is Bloomberg Business of Sports from Bloomberg Radio thanks for joining us on the Bloomberg Business of Sports where we explore the big money issues in the world of sports I'm Michael Barr along with Damian Sassauer and Vanessa Burnomo the college football season is right around the corner and it comes in the middle of a lot of change in the college sports landscape. Kelly Irwin-Fagan is a partner at Church Church Hittle and Antrim, or CCHA, and chair of its sports law practice. She's also a former college athlete and previously worked in enforcement at the NCAA's national office. Kelly joins us now to weigh in on some of the latest legal headlines and regulatory changes shaping the world of college sports.

Read the full transcript

26:29Kelly, Welcome to the Bloomberg Business of Sports. Thank you so much for having me. I look forward to talking with you all today. Well, back in the day, and thank you for joining us again. It's back in the day of Coach Dan Devine. Back in the day of Coach Bo Schembeckler. Back in the day of Coach Woody Hayes. It was pretty simple to see the college landscape. Today, just take all of that and throw it up in the air because I don't have a clue now what's going to happen, especially with everything from NIL to how the new landscape is shaping up. Can you inform us about it? Oh, I'll do my best. It's been a journey over the past three or four years or so as the college sports landscape has changed.

27:18But really what was the huge impetus for a lot of the change was the NCAA was having several of its rules challenged under antitrust law and was not having success in defending the legality of those rules. And over a series of lawsuits that has brought us to today, the one most talked about most frequently is the House settlement, and the House settlement has been approved and is being implemented this summer, and schools are getting used to that and working through that now along with the NCAA, we're now in a world where schools can pay their athletes directly for their NIL rights. And several years ago, that was not the case.

28:01And many, many more years ago when you were talking about schools should not have been paying student athletes at all other than their scholarship and the benefits they got as a student athlete. I think, you know, what's interesting for me, Kelly, is, and I've been saying this since that was overturned and all of the things that we're going to see after that because just because that was overturned doesn't mean you know the lawsuits and all you know all of that stuff is over and i think one of the biggest things is title nine and how this like revenue sharing model and and colleges paying athletes directory for the nil relates to title nine and because what we're really seeing is football players are going to get the biggest share of that men's basketball players and women's basketball, but really it's going to be male athletes.

28:52So can you tell us a little bit about how Title IX is going to come and do you think that we're going to see further lawsuits for that? Yeah, Title IX under, you know, the jurisprudence as we know it today, you know, Title IX applies to financial assistance that schools provide to student athletes and it has to be provided proportionately between male and female student athletes. So the big question that people are asking is these revenue share, these NIL payments, are those considered financial assistance and do they have to be provided proportionately? And there's probably different views on that, but we haven't received any guidance as to one way or at least any guidance that's still in place one way or another.

29:35So it'll likely be decided in a court case like you alluded to. There's been a case against the University of Oregon, the Schroeder case, that does not directly challenge this, but does challenge essentially our female and male student athletes being treated equally in terms of their publicity opportunities, which then translates into NIL opportunities. Kelly, you are chair of the sports law practice at CCHA. You have seen it all. And And I'm just curious, you know, you know, your day to day, right? I mean, you've dealt with everything from NCAA infractions, eligibility extensions, you know, Title IX issues, as Vanessa points out, sexual harassment.

30:21Is like how much of your day, how much of the cases, how much of the time you're spending now is involved in NIL? Yeah, it's a big portion of it. I would say, you know, half of my day is probably spent on issues that touch NIL in some way, whether that's in conjunction with another legal issue like Title IX or, you know, writing a contract or negotiating a contract for an NIL deal, helping with the implementation. There's a new enforcement group called the College Sports Commission that's really just up and running. So trying to help schools figure out, you know, what that's going to look like.

30:59Like, so it's it's what is that going to look like, Kelly? I mean, isn't that like is it Deloitte or Ernst and Young? I mean, what is the composition of that? Like, how do you how do you how do you work with them? Yeah, the College Sports Commission is right now. I think it's two employees. And then Deloitte is working with the College Sports Commission on essentially the aspect of NIL that if you have a third party deal, the reporting aspect, if you have a third party deal, then in some cases it has to be for a valid business. purpose and for a range of compensation or fair market value. So what that looks like, we don't know.

31:35It's in its infancy, and it's eventually supposed to act as an enforcement agency, and then there's an arbitration process that can come. So we're very early into what that looks like, and hopefully over the next six to 12 months, that'll become a little bit more clear. Can we talk about the brand new SCORE Act and President Trump's executive order on college sports. Can you break it down about the SCORE Act and President Trump's impact on college sports for the audience? Yeah, the NCAA, we started talking about all of this was really triggered by the antitrust liability they faced. And there's now a lot of different state laws that states have got, states attorney generals have gotten involved.

32:22And so the NCAA, this house settlement, the forward-looking component lasts for 10 years. So that's not permanent. And they need a way to try to avoid the constant litigation that they're facing that, I think Vanessa said, isn't going away and hasn't gone away. And so there's been a lot of efforts from a federal legislation standpoint. The SCORE Act is really the furthest one that we've seen get to the floor of the House. Whether it gets passed, I think, is a lot more questionable through the Senate. But basically, the goal of the SCORE Act and then the President Trump's executive order that followed was to try to codify some aspects of this House settlement to provide some protection to the NCAA from antitrust scrutiny.

33:15To protect women's sports and Olympic sports, there was a lot of language in the executive order that was geared towards that and trying to get schools to make sure that they are protecting those. And along with the Olympic movement and to prohibit the third party pay for play that continues to be not allowed, but an area that is that I think is can put a boundary that is pushed regularly and to to to address the issue of student athletes as employment. So it's trying to hit a lot of different things in one act and one bill, and we'll see what happens and if it gets passed or not. The curious thing for me, as we were talking about, you know, the SCORE Act and things like that, is it, you know, like, should there be a bill like that that tries to hit on everything?

34:11you know, Title IX, all of these things under one employment status, all of these things under one bill? Or should that really be broken up into different things? Because from what I saw, it wasn't completely supported on both sides, right? So what is, you know, what is the bipartisan act for this? And why is it not, I guess, supported by everyone, the SCORE Act, and what can really be done? Should it be broken up, do you think, into different bills? Yeah, I think, I mean, I think if it's going to get passed, you know, through the Senate with needing 60 votes, I think that it's going to have to, obviously going to have to be bipartisan supported.

34:55And in order to do that, there's will have to be give and take from each. And I think that, you know, the definition of or how they've treated athletes as not being employees and making that, you know, a very, black and white provision of it. Is there some opportunity for some nuance there? I think that there may be some athletes that are much closer to employees than others, and just based on how the nature of college sports works. So I think if something is going to get passed, it's going to have to have a little bit for each party that is interested in it and have to be bipartisan. And maybe they don't have to cover everything that's in this initial version of the SCORE Act.

35:41And it can be kind of whittled down to some of the more priority issues. You know, I do want to ask you this. You know, when you I mean, you're you're you're writing all these contracts for all these players, all these student athletes. And, you know, I just I'm curious about the integrity of those contracts themselves, you know, because I hear about these athletes. They they they go into the transfer portal. They agree to, you know, move to this new university and then the money's not really there and the promises aren't met. And I'm just curious, like in your day, you know, in your neck of the woods, the contracts that you're drafting for these athletes, I mean, are they are they hard and fast?

36:13Are they are they enforceable? Are they subjective? I'm just curious, you know, in your gut, you know, today, do you feel that these athletes are protected? A lot of we work with the schools on the contracts and a lot of the schools we work with are very understanding that they're working with, in some cases, you know, 18 year olds, in some cases, 17 year olds and a guardian has to sign the contract. And so there is a lot of effort to try to explain it and to ensure that the player signing it understands to make sure they have adequate representation in terms of an agent or legal counsel for themselves.

36:54So the ones that we work on, I think there is an effort there to ensure they're enforceable. The university is still protected, but not in a way that's so onerous and one-sided. But I think there's a lot of contracts out there and a lot of, you know, third party NIL deals where it is really one sided and student athletes are signing away their rights in perpetuity for, you know,$50 or$100 to put up some social media posts. So there's still a lot of need for student athletes to have good representation or just some education about, you know, what should they look for? Not somebody getting$50 deal doesn't need, you know, shouldn't probably shouldn't spend money on an attorney to review that.

37:39But can they can they be given, you know, 10 things to look for in some of these contracts, education provided by their school? Our thanks to Kelly Irwin Fagan for joining us. She's partner at CCHA Law and chair of its sports law practice. And that does it for this edition of the Bloomberg Business of Sports. For my colleagues Damian Sassauer and Vanessa Perdomo, I'm Michael Barr. Tune in again next week for the latest on the stories moving big old money in the world of sports. And don't forget to catch our podcast on all your podcast platforms. You are listening to the Bloomberg Business of Sports from Bloomberg Radio around the world.

38:20Thank you.

From the publisher

Join hosts Michael Barr, Damian Sassower and Vanessa Perdomo for a look at some of the latest headlines and stories in the business of sports.

Bloomberg US sports business reporter Randall Williams joins to discuss his latest reporting on the turmoil surrounding the NFL Players Association, including new word that former leaders were working on a secret venture capital fund project. Former NFLPA executive director Lloyd Howell hoped that one day it would raise enough money to invest in a stake in an NFL franchise.

Also on this week's show:

  • Bloomberg Opinion columnist Adam Minter on his latest column: America Is Undermining Its Soft Power in Sports
  • Kelleigh Irwin Fagan, former collegiate athlete and now partner at CCHA Law discusses the latest in the NCAA

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