From NIL to Private Equity: The Legal Issues Transforming Sports

As sports law evolves from a niche specialty into a multidisciplinary field encompassing antitrust, labor and employment, intellectual property, corporate governance, and athlete rights, Brooklyn Law School continues to prepare students for the legal challenges reshaping the industry. 

That commitment was recently recognized when Hackney Publications named Brooklyn Law School one of the Top 30 U.S. Sports Law Programs for 2026. The recognition cited the Law School's innovative curriculum, its launch of New York City's only Sports Law Clinic, robust externship opportunities, and strong employment outcomes in the sports industry. 

The Law School's growing influence in the field was further reflected when Professor Jodi Balsam was named to City & State New York's 2026 "Who's Who in Sports" list, which recognizes leaders shaping New York's sports landscape. In addition to directing Brooklyn Law School's Sports Law Clinic and Sports Law Externship Program, Balsam serves as an arbitrator for FAIR Sports, which resolves disputes involving name, image, and likeness (NIL) compensation in college athletics. 

The issues driving today's sports law headlines demonstrate just how rapidly the field is changing and the expanding opportunities for students interested in going into sports law. Over the past six months, media outlets nationwide have turned to Balsam, director of Brooklyn Law School's Sports Law Clinic and Sports Law Externship Program, for insight into some of the most consequential developments affecting athletes, leagues, teams, and fans. 

Sports Media Rights and Antitrust 

The business of sports broadcasting is undergoing a dramatic transformation as leagues increasingly partner with streaming platforms and regulators examine the impact on competition and consumers. 

Balsam was frequently sought out for analysis of the long-running NFL Sunday Ticket litigation, one of the most closely watched antitrust cases in professional sports. In interviews with Sports Business Journal, she discussed the legal challenges facing the NFL's media distribution model and broader questions about how leagues package and sell broadcast rights. 

She also commented on reports that the U.S. Department of Justice is investigating the NFL's media agreements with streaming platforms such as Amazon, Netflix, and YouTube. Speaking with NBC News, Sports Business Journal, and The Capitol Forum, Balsam examined how the rise of streaming has created new legal questions about competition, consumer access, and the antitrust protections available to professional sports leagues. 

"Anyone who sells a national package that is behind a paywall is potentially vulnerable to exactly the inquiry the DOJ is making with respect to the NFL," Balsam told Sports Business Journal. 

These disputes could have implications far beyond football, potentially influencing how sports content is distributed and consumed across the industry for years to come. 

The Business of Sports 

Sports organizations increasingly operate at the intersection of entertainment, media, technology, and finance. 

Balsam provided analysis on the growing role of private equity investment in sports, including commentary on the KKR-Arctos transaction and its implications for ownership structures, governance, and franchise valuations. 

She also weighed in on issues ranging from stadium economics to the business strategies shaping the NFL's future, highlighting the increasingly sophisticated legal and financial considerations driving decisions across professional sports. 

As private capital continues to flow into leagues, teams, and related enterprises, lawyers are playing an ever-greater role in structuring deals and navigating regulatory concerns. 

Athlete Rights, Integrity, and Governance 

Questions surrounding athlete rights, competitive integrity, and league governance remain central to the modern sports landscape. 

In an Associated Press (AP) article distributed nationally, Balsam analyzed litigation involving Texas Tech University quarterback Brendan Sorsby and the NCAA's gambling rules. Drawing from her experience serving on the NCAA Independent Resolution Panel, she explained why courts have historically deferred to sports-governing bodies when enforcing policies designed to protect the integrity of competition. 

"I see the NCAA fighting this one. I don't see them settling," Balsam said. "I do believe this is within their core legal authority." 

Beyond gambling issues, Balsam provided commentary on athlete speech rights during the Winter Olympics, employment and labor issues affecting professional sports, and the future of diversity initiatives such as the NFL's Rooney Rule. 

The growing legalization of sports gambling has intensified discussions about integrity, compliance, and athlete conduct. These developments continue to challenge regulators, leagues, and educational institutions as they seek to balance opportunity, fairness, and public trust. 

Golf's Legal Crossroads 

Few sports have generated as many legal and governance questions in recent years as professional golf. 

Balsam appeared on Golf Channel, CBS News, and other outlets to discuss developments involving the PGA Tour, LIV Golf, Brooks Koepka, and Tiger Woods. Her commentary explored issues ranging from league governance and competition law to athlete discipline and reputational concerns. 

The continuing evolution of professional golf offers a window into broader debates about competition, commercial rights, and the future structure of sports organizations worldwide. 

Intellectual Property and Global Sporting Events 

Major international sporting events create significant legal questions involving trademarks, licensing, sponsorships, and brand protection. 

With North America hosting the 2026 FIFA World Cup, Balsam discussed the challenges businesses face when referencing major sporting events without infringing on protected trademarks. 

She also commented on legal developments involving FIFA corruption prosecutions and investigations into World Cup ticketing practices, helping audiences understand the governance, regulatory, and consumer protection issues that often accompany global sporting events. 

These issues highlight the growing importance of intellectual property law within the sports industry and the complex commercial ecosystems surrounding global sporting events. 

Preparing the Next Generation of Sports Lawyers 

The breadth of issues dominating sports headlines today reflects the rapid expansion of sports law as a discipline. Questions involving antitrust, media rights, private investment, gambling regulation, intellectual property, athlete compensation, and league governance increasingly shape the future of sports at every level. 

Brooklyn Law School's sports law program has evolved alongside those changes. Through the Sports Law Clinic, Sports Law Externship Program, national competitions, specialized coursework, and thought leadership from faculty experts, students gain practical experience engaging with the same issues currently being debated by leagues, athletes, regulators, and courts. 

The Law School's recent recognition as a Top 30 U.S. Sports Law Program reflects that commitment to experiential learning and industry engagement.