Recent developments suggest that the evolving world of name, image, and likeness (NIL) may be approaching a new phase as stakeholders come to terms with the realities of the post-House landscape. Earlier this month, the University of Louisville released a white paper outlining the financial challenges facing athletic departments and proposing reforms to the current NIL framework. Shortly thereafter, President Donald Trump convened a White House roundtable to discuss potential federal action, including the possibility of an executive order addressing perceived inconsistencies and enforcement challenges in college athletics.
Taken together, these developments reflect growing momentum toward a more centralized and structured NIL regime—one that could significantly impact institutions, collectives, student-athletes, and the broader sports marketplace.
The Push for Structure and Oversight
The Louisville white paper echoes increasing concern among institutions regarding the lack of uniformity and enforceability in the current NIL system. With many of the even largest and most successful collegiate athletic departments operating in the red, concerns regarding the structure and oversight of NIL are on the rise. The thought process for improving oversight involves greater transparency in NIL agreements, standardized reporting and disclosure requirements, as well as enhanced institutional involvement and mechanisms for distinguishing legitimate endorsement deals from impermissible recruiting inducements.
The proposals from Louisville foreground a broader institutional effort to regain some measure of control over NIL activity, particularly as collectives and third-party entities continue to play an outsize role in athlete compensation structures.
Federal Interest: Executive Action on the Horizon
At the federal level, President Trump’s recent roundtable signals renewed political interest in regulating college athletics. Reports indicate that potential executive action could aim to “solve” persistent issues in the NIL space, including disparities among state laws, competitive imbalances, and the absence of a cohesive enforcement framework. The president previously released an executive order in July 2025, which largely echoed the approach encompassed in the bipartisan SCORE Act that was introduced in the House last year. The proposed legislation remains pending and has yet to proceed to the floor for a vote.
Although the scope and legality of any executive order remain uncertain, federal involvement — whether through executive action or eventual legislation — could introduce nationwide NIL standards preempting the current mosaic of different state laws, defined enforcement authorities, and clearer guidelines regarding athlete compensation and institutional involvement.
Key Takeaways
Discussions surrounding the practical challenges of the prevailing compliance and enforcement regime reflect a broader shift toward formalizing the NIL ecosystem. While the timing and ultimate shape of reform remain uncertain, stakeholders should prepare for the potential of increased regulation, heightened enforcement, and continued litigation in this space.
In the interim, institutions, collectives, and athletes should proactively assess their current NIL practices, with particular attention to contract structure, compliance protocols, and risk mitigation strategies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
