The SEC and Big Ten's creation of a joint advisory group signals that the industry's two superpowers are poised to take the reform wheel from the NCAA to create a sustainable new financial model.

The prevailing notion among sources in recent weeks – especially at the Power Four level – is that the NCAA's efforts to stave off further legal challenges are not working, and certainly not working fast enough.

Despite aggressive lobbying, the association has failed, thus far, to gain traction in Congress to secure an antitrust exemption and codification that athletes are not employees. And a growing number of leaders say NCAA President Charlie Baker's reform proposal, while bold, doesn't go nearly far enough to protect the enterprise from even more lawsuits.

One prominent source told On3 that the move by the two super conferences served as further confirmation the NCAA has "zero juice and that this is all headed toward a super conference model."

The advisory group will include university presidents, chancellors and athletic directors coming together to address "significant challenges" facing college sports. The announcement came on the heels of Tennessee stakeholders unleashing a barrage of withering criticism toward the NCAA, which is investigating the school for alleged NIL transgressions.

"Conference leaders don't want their own members going rogue any more than the NCAA does," the source said. "And the only way to maintain control is to do what the NCAA hasn't been able to do: proactively create a model that will 100% involve sharing revenue with athletes and that Congress will endorse so there can be enforceable rules again."

Absent a Congressional lifeline, the only way to thwart more legal challenges is to create a model that enables athletes to collectively bargain with schools, conferences or the NCAA. An employment model – where the ecosystem is likely headed for at least some athletes – would open the door to unionization.

With a trial in the House antitrust case looming – college sports could be potentially on the hook for $4.2 billion owed to thousands of athletes – and the employment train barreling down multiple parallel tracks, a sense of industry-wide urgency is palpable.

With the NCAA's efforts languishing, two super conferences are poised to accelerate the drive to a new model that is palatable to all parties.

"Given the non-stop judicial threats, the NCAA is no longer in control," another source told On3. "The membership can no longer legislate for what it believes is best for the overall enterprise, because if it does not work for one institution or one student-athlete, a lawsuit is filed.

"This is no way to manage college athletics." – Eric Prisbell

The attorneys general in Tennessee and Virginia filed their response Sunday to the NCAA, supporting a temporary restraining order that would lift the ban on NIL in high school and transfer portal recruiting.

In a 16-page response issued after the NCAA filed its opposition to the TRO on Saturday, the two states argued they're seeking the Eastern District of Tennessee to lift the NIL-recruiting ban to "engage in meaningful NIL discussions with collectives." The response also pushes back on the premise the TRO and preliminary injunction would permit pay-for-play.

This all comes in the wake of the NCAA launching an investigation into Tennessee athletics this past week for potential multiple NIL violations. Attorneys general in Tennessee and Virginia filed the antitrust lawsuit last Wednesday with a request for a TRO before Tuesday, Feb. 6 – the day before National Signing Day. A preliminary injunction hearing has been scheduled for Monday, Feb. 13.

"To the extent there's confusion on which rules the NCAA thinks give it the power to enforce the NIL-recruiting ban, that problem is one of the NCAA's own creation," the filing states. "The NCAA cannot benefit from the fact that its rules – scattered across a 437-page manual – are often impenetrable, shifting, and vague. Any uncertainty or burden from that approach to governance should fall on the drafter, the NCAA, not on prospective athletes."

In the NCAA's opposition response Saturday, it says the two states did not provide evidence of how NIL rules impact athletes or irreparable harm. The attorneys general responded Sunday, making clear the irreparable harm that high school recruits face by not knowing their true NIL value while being forced to make commitment decisions.

"Every day that passes once the signing period opens would impose further irreparable harm on recruits who face mounting pressure to commit as available scholarships disappear and roster spots fill up during an ever-shrinking window," the response reads.

"The NIL-recruiting ban injures athletes, in both Virginia and Tennessee, by artificially deflating their value in the marketplace. And athletes who get even close to the line, whether that line is drawn by the NCAA now or later, could have their eligibility taken away or their school competitively sanctioned. Either would further impact their NIL opportunities for the remainder of their brief opportunity to participate in college athletics."

Another key part of the NCAA's argument was that the state of Tennessee's law prohibits high school prospects and transfer portal players from receiving compensation for enrollment — pay-for-play. The attorneys general claim the NCAA "misread" the state law.

"The NCAA misreads Tennessee's law," according to the reply. "The law merely prohibits 'pay-for-play,' like the NCAA itself has long done, and that Plaintiffs do not challenge here."

At its root, the case is an antitrust lawsuit arguing the NCAA does not have the right to put restrictions on compensating college athletes. – Pete Nakos

+Julian 'Juju' Lewis is continuing to build out his NIL brand.

The five-star recruit in the class of 2025 and USC commit is viewed by some as a generational quarterback talent. He's also become one of the first true NIL high school stars.

Ever since the Georgia High School Athletic Association permitted NIL for high school athletes this past fall, Lewis has not wasted any time signing deals with national brands. He's now inked an agreement with Alo Yoga, becoming the company's first high school athlete. The quarterback joins college stars J.J. McCarthy and Caleb Williams as ambassadors for the brand.

Lewis, who is repped by Athletes First, boasts a $615,000 On3 NIL Valuation. The annual projection is sky-high because of the value his social media following provides to brands. The valuation is No. 76 in the On3 NIL 100.

The On3 NIL Valuation is calculated by combining roster value and personal NIL. Roster value is the value an athlete has by being a member of his or her team at his or her school, which factors into the role of NIL collectives. NIL in an athlete's name, image and likeness and the value it could bring to regional and national brands outside of the scope of NIL collectives.

+Purdue offensive lineman Marcus Mbow is endorsing McDonald's Double Big Mac in a new NIL deal. "Whether you're too busy to make dinner or the cafeteria food isn't doing the trick anymore, the Double Big Mac is the perfect meal," Mbow said in a social media post promoting the partnership. Mbow has an On3 NIL Valuation of $98,000 – a number boosted by the Boilermakers' roster valuation

+Guard Gabby Gregory partnered with Western National Bank in an NIL deal facilitated by Wildcat NIL, a K-State-focused collective. As part of the partnership, the bank will donate $50 to the collective every time the No. 2-ranked Wildcats women's basketball team makes three consecutive stops on the defensive end of the floor.

+Dayton forward DaRon Holmes has a new NIL deal with Lee's Famous Recipe Chicken through an agreement facilitated by the Dayton 6th collective. For the second season in a row, Holmes was named to the Karl Malone Power Forward of the Year Top 10 List. Holmes leads the Atlantic 10 in scoring, and he has a massive valuation of $770,000 because of the strength of his individual NIL.

For more details, visit the On3 NIL Deal Tracker.

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