Partners Jack Concannon and Baird Fogel spoke to Law360 about the National Collegiate Athletic Association’s (NCAA’s) work to produce a new constitution in 2022, following the US Supreme Court’s June decision in NCAA v. Alston. The new document would move away from an elaborate definition of “amateurism” and recognize student athletes’ continued right to commercialize their names, images and likenesses (NIL). “They had to do that because now all the athletes are allowed to be paid for their [NIL] and now potentially are employees,” Jack said. Baird shared that the NCAA has been “declining to weigh in on some of the biggest issues affecting college sports, such as sports betting and NIL, and is instead deferring to the states and the schools themselves.”