Legal Memo Reports | The Legal Edge: NIL
December 10, 2025
A Quick Welcome
Welcome back to the Legal Memo Reports! This week, we provide a critical update on the federal NIL legislation battle. After months of anticipation, the highly debated SCORE Act stalled in the House, while the SAFE Act remains in the early, nascent stages in the Senate.
This gridlock means the future national framework of NIL is now delayed, leaving the current status quo, state laws and ongoing litigation, as the dominant legal environment. Let's break down the current status and trajectory of the two competing bills.
[IMPORTANT NOTICE]: This newsletter provides general educational insights. Please see the full legal Disclaimer at the bottom of this email before acting on any information.
SCORE Act Status: Pending and Delayed
The Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act was poised for a House floor vote last week after clearing a procedural hurdle on December 2nd. However, leadership pulled the vote amid mounting intra-party concerns over the bill's broad grant of antitrust authority to the NCAA.
Current Status: The bill remains pending, with final House passage expected to slip into 2026.
Core Features (Restrictive Model): The SCORE Act proposes a national NIL framework that would achieve federal preemption of all state NIL laws. Crucially, it explicitly resolves the athlete status question by defining athletes as non-employees and providing a limited antitrust shield for the NCAA and conferences.
Strategic Takeaway: If passed, SCORE would lock in a more restrictive national structure, heavily favored by institutions and the NCAA, by preempting litigation leverage.
SAFE Act Status: Early Committee Review
The Student Athlete Fairness and Enforcement (SAFE) Act was introduced by Senate Democrats on September 29, 2025. It positions itself as a pro-athlete alternative to SCORE.
Current Status: The SAFE Act has been referred to the Senate Commerce Committee and is in the early legislative phase, with no floor vote scheduled.
Core Features (Athlete Protection Model): The SAFE Act emphasizes comprehensive athlete welfare, post-eligibility medical and educational benefits, and robust protections for women’s and Olympic sports.
Key Differences from SCORE: Unlike SCORE, the SAFE Act deliberately omits an antitrust shield and does not resolve the employment-status question. It maintains broader NIL and transfer protections for athletes.
Strategic Takeaway: The SAFE Act leaves more leverage with athletes and courts by focusing on mandatory benefits and avoiding institutional legal shields.
Current Trajectory: Gridlock Maintains the Status Quo
With the SCORE Act delayed and the SAFE Act still in committee, there is no clear path for either bill to reach the President's desk in the near term. This legislative gridlock has several immediate implications for the NIL environment:
State Law Dominance: The patchwork of state NIL laws remains the primary rulebook governing NIL deals. The risk of jurisdictional conflict remains high.
Litigation Pressure Continues: Without a federal antitrust shield (like the one SCORE proposed), the pressure from ongoing antitrust lawsuits continues to reshape college sports as we know them.
Executive Scrutiny: The current federal overlay is still dominated by the existing Executive Order and the enforcement posture of agencies like the NLRB and the IRS.
The Bottom Line: While the debate between the restrictive SCORE model and the protective SAFE model continues, the delay benefits the current regulatory environment of high legal risk and institutional uncertainty. Compliance teams and agents must remain hyper-focused on state laws and court-mandated institutional changes, as federal relief is not imminent.
P.S. Catch up on the full NIL compliance story!
Need Immediate Action? If you need to double check your state laws about NIL check out our spreadsheet meant to be an educational asset: “50 State NIL Law Tracker & Quick Reference”
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Disclaimer: This newsletter provides educational insights and general information related to the legal side of Name, Image, and Likeness (NIL). It does not constitute legal, financial, or professional advice, and should not be relied upon as such. This content is for informational purposes only, and you should always consult with a qualified professionals for advice tailored to your specific situation.
NIL laws are constantly evolving, and the information provided might not be the most current at all times.