The Evolving Environment Of NIL-Based Fundraising

The U.S. Supreme Court’s decision in NCAA v. Alston¹ held the NCAA’s restrictions on student-athletes’ education-related compensation violated federal antitrust law under the Sherman Act. Many universities with strong athletic programs responded with the establishment of tax-exempt name, image and likeness (NIL) collectives that operate independently of affiliated universities and colleges. Their goal was soliciting donations from alumni and friends for ultimate