Experienced sports attorneys weigh in on contract dispute, long-term NIL ramifications
Dan Etna, co-chair of Herrick's Sports Law Group, spoke to CBS Sports regarding the lawsuit between Duke and its outgoing quarterback, and what the case means for the future of NIL agreements.
According to the article, the quarterback signed a two-year deal with Duke, however, prior to the expiration of the deal, the player declared his intention to enter the transfer portal. "The school sued Mensah, citing the signed contract and claiming 'irreparable harm' if the QB was able to escape his contract without any ramifications. It was a notable maneuver, believed to be the first of its kind, to not only directly sue a student-athlete but to attempt to prevent from him leaving."
After filing its lawsuit, Duke successfully obtained a temporary restraining order (TRO). Under the TRO, Mensah was not able to enroll at another school until a scheduled preliminary injunction hearing, however, he was allowed to officially enter his name in the transfer portal. Subsequently, the parties reached a settlement "clearing the path" for him to likely enroll at another school.
The article notes that coaches and administration want "stability," and one way to create stability is through multi-year deals with athletes. However, "[w]e can't restrict them from NCAA rules, and they can transfer wherever they want, but as a matter of contract, we may be able to get some stability for the system or at least in this limited case for Duke."
The issue, says Dan, is "unfortunately, the NCAA just doesn't seem to have enough teeth to sink into this. Their silence is deafening."
Read the full article in CBS Sports here. Access may require a subscription.