Film Room: House anticipation and DC movement

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In this week’s Film Room, we synthesize a busy week of commentary from DC that can impact third-party NIL enforcement post-House.
 
As the membership continues to wait on Judge Wilken’s decision on Final Approval in the House case, focus wanders to areas that demand regulatory attention assuming settlement approval. 

When the potential presidential commission was announced a few weeks ago, reports suggested that third-party NIL regulation may be a part of the commission’s mandate. Over the past week, additional reporting has clarified what the membership might expect in this impactful area. 

On May 21, Sen. Tuberville wrote an op-ed regarding potential national NIL standards. On May 22, a CBS Sports article suggested that the presidential commission was being paused at the request of lawmakers and perhaps others who might disagree with the commission’s approach. On May 23, Sen. Cruz posted that the article was “nonsense” and added, “I welcome the commission, hope that it gets formed as soon as possible, and encourage the President to do so.” 

We’ve previously discussed the third-party NIL enforcement system contemplated by the settlement, including open items still needing resolution. Federal input may help reconcile the patchwork of state NIL laws and provide protection against challenges to third-party enforcement procedures (the clearinghouse and related activities). We’ll continue to track the interplay among the House settlement, the resulting third-party NIL enforcement system and DC activity that affects the regulatory landscape. 

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