How NCAA Division I conferences choose to deal with the implications of the House, et al., v. NCAA, et al. settlement, and in particular the revenue-sharing mechanism known as the “pool,” has been the subject of much speculation and debate. Commentators have asked whether conferences will require participation, or leave it up to each member institution, or perhaps include a mandatory minimum level of participation. Recently, one conference, the American Athletic Conference (AAC), has taken a stance and enacted a rule requiring every AAC member institution, with the exception of Army and Navy (which are both “football only” members of the AAC), to participate in the House revenue-sharing “pool” to the tune of a minimum of $10 million cumulative over the next three seasons, making it the first Division I conference to require mandatory participation of its members. While $10 million may seem like a lot, it is spread out over three years, and as such it averages out to only $3.33 million per season. Further, assuming the House settlement is approved, per the settlement terms, Alston academic and graduation incentive awards up to $2.5 million per year per institution, as well as the value of new or additional scholarships offered in excess of the current scholarship caps, count toward the House “pool” amount. Thus, it remains to be seen how AAC members choose to meet this $10 million minimum and how much, if any, each will consist of direct name, image, and likeness payments to student-athletes.

Photo of Michael S. Lowe Michael S. Lowe

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the NIL and higher education space. He currently represents an NCAA Division I athletic conference in connection with the settlement of the House antitrust litigation, as well as NIL issues and conference policies and procedures. He also has provided advice to an NCAA Division I university in connection with NIL and has experience with investigations of potential NIL violations. In addition to representing clients in this area, Michael frequently writes, speaks, and presents on cutting-edge NIL issues.