Litigation Partner Joshua S. Bauchner and Associate Luke A. Kushner analyze the growing impact of NIL contract litigation on college athletics in their article, “Courts Are Now the De Facto Regulators of College Athletics: How NIL Contract Enforcement Is Reshaping the Game,” published in the New York Law Journal on March 9, 2026. As disputes involving Name, Image, and Likeness (NIL) agreements increasingly move into the courtroom, the authors explore how litigation is beginning to fill regulatory gaps in the rapidly evolving college sports landscape.
In the article, Josh and Luke examine how courts are effectively becoming the de facto regulators of college athletics as cases involving NIL contract enforcement, inducements, and compensation disputes emerge across the country. With formal regulatory guidance from the National Collegiate Athletic Association and lawmakers struggling to keep pace with the expanding NIL marketplace, judicial decisions are beginning to establish legal precedents that could shape the rules governing NIL agreements.
The piece highlights how these emerging disputes, often involving student-athletes, universities, NIL collectives, and corporate sponsors, may redefine recruiting practices, athlete compensation structures, and contractual expectations throughout collegiate athletics. As the NIL economy continues to grow, the authors note that the outcomes of these cases could play a significant role in shaping the legal and business framework that governs college sports in the years ahead.
See Courts Are Now the De Facto Regulators of College Athletics for the complete article.