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re: The NIL Ruling has nothing to do with the portal. The SCOTUS did not rule on the Portal.

Posted on 12/7/22 at 10:30 pm to
Posted by 3down10
Member since Sep 2014
22843 posts
Posted on 12/7/22 at 10:30 pm to
quote:

Not trying to be a jerk here but this is flat out wrong. In many places they are unenforceable period. In most places you have to have some sort of protectable/legitimate interest which cannot be "I don't want to compete against this person".

Usually the interests are - Trade secrets, clients, confidential information, etc... the non-compete only lasts as long as those are reasonably at risk and there has to be compensation for it - often continued employment is sufficient but not always. In a college football context it would likely be enforceable to the end of the season or something along those lines.


Ok fine, anytime there is any kind of legal discussion, we'll just find the state that fits our view point the most, then argue it.

What I signed was total bullshite, didn't happen, because this guy on the internet cited a law in some other state.

And what you are describing sounds more like an NDA to me. Which I also signed at the same time, even though it probably isn't enforceable on some Indian Reservation in Wyoming.
Posted by ALhunter
Member since Dec 2018
2967 posts
Posted on 12/8/22 at 2:58 pm to
quote:


Ok fine, anytime there is any kind of legal discussion, we'll just find the state that fits our view point the most, then argue it.

What I signed was total bullshite, didn't happen, because this guy on the internet cited a law in some other state.

And what you are describing sounds more like an NDA to me. Which I also signed at the same time, even though it probably isn't enforceable on some Indian Reservation in Wyoming.
It can sound to you like whatever you want... I'm just trying to help you understand a bit more so you get why the NCAA is doing something very tricky in restricting players. Have a look at the link below. It's absurdly complicated. Have a look at the post by NaturalRebState, who is a lawyer. I work in finance and used to do a decent amount of M&A. This stuff came up constantly. MOST COMMONLY but not always, companies keep paying people during the noncompete period or give a big severance package that includes a noncompete.

(1) People sign unenforceable contracts all the time. (2) People/entities with deep pockets tend to get sued... the NCAA and many schools have deep pockets. Many are protected by being state owned institutions to some extent but many aren't.

Imagine how it would look in court for say Notre Dame to try to enforce a noncompete on a 19 year old kid with a poor background who reads on a 9th grade level and had no legal representation at the time of signing his "contract".

Noncompete by State
This post was edited on 12/8/22 at 3:01 pm
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