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Mit Winter

@WinterSportsLaw

Attorney at Kennyhertz Perry LLC ⚖️ | College Athletics Attorney | NIL | Sports Law | Business Litigation | Former Division I 🏀 player for @WMTribeMBB.

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Congratulations to Mit Winter of Kennyhertz Perry Law on being named to the 70 Most Impactful People in the NIL Space list. @WinterSportsLaw silverwavesmedia.com/70-most-impact…

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Sounds like we’ll all get to enjoy some more Congressional hearings on college athletics. Interesting take that the future of an industry is being endangered because it has to pay the talent and adhere to antitrust laws like every other industry.

In @benfergusonshow's podcast on Thursday, Sen. Ted Cruz said the “Wild West” of college sports is “endangering the future and viability” of the industry and he plans to “address it” as chair of the powerful Senate Commerce Committee, which controls college sports legislation.

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As has been reported, Cruz is likely to introduce a new version of his federal college athletics bill shortly after the new year. Likely to include anti-employee and antitrust exemption provisions.

Sen. Ted Cruz (R-Tex.) -- who is set to become Commerce Committee chair -- reiterates that college sports bill "will be a priority," per transcript of his podcast.



Sovereign immunity is always an important part of conference realignment disputes.

Florida State and Clemson both filed briefs to the North Carolina Supreme Court yesterday in the ongoing ACC lawsuits. Nothing earth-shattering at 1st glance. Both used a lot of words to say that as state schools, they can't be sued in another state because of sovereign immunity



Mick Cronin talked about how college basketball teams have to build rosters now. He said because of NIL and the transfer portal rosters have to be built one year at a time.

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There won't be much to discuss for anyone tracking UCLA's new basketball recruits because there aren't any. For the first time in at least a quarter of a century, the Bruins aren't expected to land anyone during the early signing period. latimes.com/sports/ucla/st…



Adidas enters the girls high school basketball NIL game.

Her name is being whispered in arenas she hasn’t even played in yet. Welcome Kaleena Smith to the adidas Basketball family.



Everyone in college athletics has April 7 circled as an important date for the legal side of college athletics. But December 4 could be just as important. A federal judge could enjoin the NCAA from enforcing eligibility rules if he believes they likely violate antitrust law.

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A hearing has been set for Dec. 4 in Nashville to hear Vanderbilt QB Diego Pavia's preliminary injunction against the NCAA surrounding his eligibility. If granted the injunction, he could be eligible to return for the 2025-26 season. More: on3.com/news/hearing-s…

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Lane Kiffin with legitimate critiques of the college football free agent system that has emerged. It’s what happens when a pro sport (high level college football) is managed like it’s not one. on3.com/college/ole-mi…

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Looks like Bryce Underwood is going to stick with his LSU commitment. I’m sure LSU’s NIL offer has gone up recently. Michigan’s offer included incentives for wins and championships.

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BREAKING: Sources tell @freep QB Bryce Underwood, nation’s No. 1 recruit, expected to remain with LSU. Michigan pushed hard late, NIL offer got up to 4 years and almost $10 million with win incentives, but the attempted flip will come up short. freep.com/story/sports/c…



Nike made some moves in the NIL space for high school and college basketball today.

This family isn’t for everyone.   @KDTrey5 had a few words for our ’24 NIL class. Who y'all rooting for?



Big 12 and ACC schools are going to hear presentations on the two college 🏈 super league proposals. Big Ten and SEC schools are refusing to attend. One of the plans might be a necessity when employment comes to college athletics.

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ACC and Big 12 presidents expected to hear presentations from Super League and Project Rudy proponents. Part of the strategy is to eliminate the middle man and go directly to the CEOs who control the purse strings. @SEC and @bigten not participating. cbssports.com/college-footba…



Innovation in college sports. The first MTE that includes NIL opportunities for all teams and players. 🔥🏀 👊 💵

Welcome to Players Era! We’re proud to launch with the ICONIC @MGMGrand @LIVEatMGM ! SDSU, Creighton, Oregon, Texas A&M, Houston, Alabama, Rutgers & Notre Dame in CBBs most exciting field! Thanksgiving Week! 📅 Games Tues, Wed & Sat 🔗 playersera.com



Good question. No one knows the answer to that right now. Would the clearinghouse try to make players/collectives terminate previously entered into contracts? Seems like a big legal risk.

Mit—these payments appear to be multi year and not a lump sum up front. If so, and unless the school takes over the payments, would next year’s payment be subject to the clearinghouse (assuming these payments are coming from a collective)?



A big question related to the House settlement. Will future top recruits be ok with potentially making less than what Underwood and Dybantsa are going to make (b/c of the salary cap)? Future college athletics will be allowed to sue for damages caused by the House salary cap.

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Bryce Underwood and AJ Dybantsa are on track to sign record-setting NIL packages. They are ranked as the No. 1 recruits in high school football and basketball, respectively, in the 2025 cycle. Read: on3.com/nil/news/bryce…

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For those also using Bluesky.

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College athletes can now freely negotiate NIL compensation with schools. The cap that is likely coming from the House settlement is going to restrict that market and probably lead to less compensation for athletes in many instances. Subject of a potential future lawsuit.

Michigan is prepared to offer LSU 5-star QB commit Bryce Underwood $10.5M over four years, according to @TheWolverineOn3👀 Intel: on3.com/teams/michigan…

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This Q&A with UAB’s AD paints a good picture of all the different variables athletic departments are currently having to consider with the House settlement looming. It also touches on how much college athletics is changing. It’s a full fledged biz & has to be managed that way.

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Part One of Steve Irvine's Q&A with UAB AD Mark Ingram. Read more at the Banner: bit.ly/4fI99aM

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Interesting argument being made by South Dakota against the House settlement. It says the state & other states weren’t properly informed of the settlement before approval was sought from Judge Wilken. I have a feeling Judge Wilken is going to be reviewing a lot of objections.

In new court filing, State of South Dakota brings its displeasure with House settlement to federal judge in California who is overseeing the case, arguing that parties to deal have not provided proper notice of it to state attorneys general, as required by federal law.

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Interesting convo about a potential college 🏈 super league, with a little House settlement discussion towards the end. From a legal perspective, the most important part is Baker’s tacit admission that removing transfer restrictions has resulted in better competitive balance.

DP proposes using an #NFL model for College Football conference realignment to NCAA President Charlie Baker. "UCLA and USC should not be traveling cross country, that's silly... So you have geographically matchups just like you do in the NFL."



LSU women's basketball signee Bella Hines has signed an NIL deal with Jordan Brand She's the only current high school athlete with a Jordan Brand deal. si.com/fannation/name…

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Following a trend, Western Michigan is now awarding priority points for donations to its NIL collective. Points will be awarded retroactively for donations made since January 1, 2023. If there are still any schools not doing this, they should begin asap.

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. @BroncsWillReign Collective Announces Reign Together Day, partners with WMU to enhance member benefits! DETAILS: buff.ly/3YJORH8

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