Winning the College Athlete Eligibility Injunction: The Athlete’s Case in the Five-for-Five Era

Noah Henderson
Noah Henderson
Loyola University Chicago, Quinlan School of Business

Noah Henderson is a Clinical Assistant Professor of Sport Management and Director of the Sport Management Program at Loyola University Chicago’s Quinlan School of Business, where he teaches at the intersection of law, economics, and college athletics — including courses on the legal aspects of sport management and the business of sports.

Philip Nickerson
Philip Nickerson
Vela Wood Staley Young P.C

Philip Nickerson is a litigator in the Austin, Texas office of Vela Wood Staley Young P.C. whose practice sits at the center of the fast-moving legal battles reshaping college athletics. An experienced civil litigation and white-collar defense attorney, he counsels clients navigating NCAA policies, student-athlete eligibility disputes, NIL compliance and enforcement, and the emerging College Sports Commission (CSC) enforcement model.

Live Video-Broadcast: September 10, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

The redshirt lever is gone — the fifth season is now won in court.

This is not the NCAA’s old rulebook. Antitrust pressure following NCAA v. Alston reshaped the NCAA’s rule-making autonomy. House v. NCAA expanded and redirected the pool of resources available to athletes since 2025. And the traditional 4-in-5 eligibility model — redshirting’s foundation — is eroding into the Five-for-Five era.

The consequences are already landing. Courts have split on whether NCAA eligibility rules are commercial restraints under the Sherman Act. Miss the filing window, and the season is gone for good. Submit thin declarations, and the emergency motion fails. Meanwhile, the high school class of 2022 presses its claim to an extra season. College Sports Commission participation agreements now frame the enforcement backdrop.

Attendees walk out with the practitioner’s toolkit. They get the rule-of-reason framing that carries an athlete past “likelihood of success.” They get the declarations that prove lost NIL value, roster displacement, and the non-recoverable season. And they get the procedural playbook — timing, forum, bond, and waiver strategy — for moving in days, not months. That is judgment work no summary can replace.

Key topics to be discussed:

  • Governance After Alston
    How antitrust pressure following NCAA v. Alston reshaped the NCAA’s rule-making autonomy and set the stage for today’s governance structure.
  • NIL After House
    What NIL is and how House v. NCAA expanded and redirected the pool of resources available to athletes since 2025.
  • Fifth-Season Strategy
    How the erosion of the 4-in-5 redshirt model is changing athlete, agent, and school strategy — and why the high school class of 2022 has a distinct claim to an extra season.
  • The Injunction Landscape
    Where courts have split on treating NCAA eligibility rules as commercial restraints under the Sherman Act, and what Pavia, the Chambliss litigation, and the five-year rule rulings mean for the next athlete plaintiff.
  • Proving Merits and Harm
    How to frame the rule of reason after Alston and assemble the declarations — lost NIL value, roster displacement, the non-recoverable season — that prove irreparable harm on a shot clock.
  • Procedural Strategy and Traps
    How to time the filing around the roster calendar and navigate NCAA waiver requests, forum selection, bond considerations, and CSC participation agreements without sinking the emergency motion.

This course is co-sponsored with myLawCLE.

Date / Time: September 10, 2026

  • 12:00 pm – 2:10 pm Eastern
  • 11:00 am – 1:10 pm Central
  • 10:00 am – 12:10 pm Mountain
  • 9:00 am – 11:10 am Pacific

Closed-captioning available

Speakers

Noah Henderson, Clinical Assistant Professor of Sport Management and Director of the Sport Management Program | Loyola University Chicago, Quinlan School of Business

Noah Henderson is a Clinical Assistant Professor of Sport Management and Director of the Sport Management Program at Loyola University Chicago’s Quinlan School of Business, where he teaches at the intersection of law, economics, and college athletics — including courses on the legal aspects of sport management and the business of sports. A nationally recognized voice on athlete rights in the NIL era, his work focuses on NIL, athlete labor rights, and the rapidly evolving rules governing college athlete eligibility.

  • Education & Credentials
    Professor Henderson earned his J.D. from the University of Illinois College of Law and his B.A. in Economics from Saint Joseph’s University, where he was a four-year letter winner on the golf team.
  • Recognition & Leadership
    Professor Henderson is a nationally recognized voice on athlete rights in the NIL era. His commentary and reporting have been featured by Sports Illustrated’s NIL Daily, ESPN, NPR, CNN, PBS, Sportico, and the Chicago Tribune, and he is a frequent speaker at accredited seminars and national symposiums.
  • Professional Involvement
    Professor Henderson was instrumental in the implementation of name, image, and likeness policy, helping amend Illinois’s NIL legislation and develop early frameworks for the legal compensation of college athletes. He advises athletic departments, brands, and sports agents across the country on NIL policy and compliance, and has contributed written analysis to the public record on antitrust issues and athlete access — the legal foundation underlying today’s wave of college athlete eligibility litigation.
  • Experience
    At Loyola University Chicago, Professor Henderson directs the Sport Management Program and teaches courses spanning the business of sports, the legal aspects of sport management, sport media, the social aspects of sport management, and sports gambling. His recent published work examines roster construction, NIL economics, transfer portal economics, and the rules governing college athlete eligibility — making him uniquely positioned to break down the athlete’s case for injunctive relief in the Five-for-Five era.

 

Speaker_Philip D. Nickerson_FedBarPhilip Nickerson, Litigator | Vela Wood Staley Young P.C

Philip Nickerson is a litigator in the Austin, Texas office of Vela Wood Staley Young P.C. whose practice sits at the center of the fast-moving legal battles reshaping college athletics. An experienced civil litigation and white-collar defense attorney, he counsels clients navigating NCAA policies, student-athlete eligibility disputes, NIL compliance and enforcement, and the emerging College Sports Commission (CSC) enforcement model.

  • Education & Credentials
    Mr. Nickerson earned his J.D. from the University of Denver Sturm College of Law in 2017 and has been licensed to practice law in Texas since 2018.
  • Recognition & Leadership
    Mr. Nickerson has been recognized by Super Lawyers as a Rising Star each year from 2024 through 2026, a distinction reserved for the top attorneys in the state. He has also been named to Best Lawyers: Ones to Watch in America for Commercial Litigation in the 2025 and 2026 editions.
  • Professional Involvement
    Mr. Nickerson is a regular commentator on the legal issues at the heart of this program. As a contributing author to the NIL Revolution blog and its accompanying Highway to NIL podcast, he has written extensively on student-athlete eligibility challenges — including litigation over the NCAA’s five-year rule and the Trinidad Chambliss case — as well as due process concerns in NCAA and CSC enforcement, NIL contract disputes, and participation agreement enforcement mechanisms. He is also a frequent CLE presenter, having taught accredited programs on trial skills, depositions, and corporate liability.
  • Experience
    Mr. Nickerson represents clients in complex commercial disputes, including regulatory navigation, criminal and civil fraud claims, government investigations, consumer protection litigation, fiduciary duty litigation, trade secrets claims, breach of contract disputes, construction and product defect litigation, and insurance defense matters. Before joining Vela Wood Staley Young P.C., he practiced with Troutman Pepper Locke in Austin. His work tracking the athlete eligibility cases in real time gives him a front-row view of how courts are weighing athletes’ requests for injunctive relief in the Five-for-Five era.

Agenda

SESSION 1 – The Athlete’s Fifth Season: Roster Value, NIL, and Career Decisions in the Five-for-Five Era | 12:00pm – 1:00pm

This session provides the legal and structural foundation attendees need before diving into the legal technicalities of the athlete injunction cases in the session that follows. The panel will trace how antitrust pressure following NCAA v. Alstonreshaped the NCAA’s rule-making autonomy, how NIL developed and how House v. NCAA expanded and redirected the pool of resources available to athletes since 2025, and how the traditional 4-in-5 eligibility model enabled redshirting as a roster-building tool. From there, the session examines how the erosion of that model is reshaping strategy on all sides: how schools now compete on a budget without the redshirt lever, how agents are adapting their approach to maximizing athlete compensation, and the value of the harm being suffered by the high school class of 2022 as they press their case for an extra season of eligibility.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Proving the Athlete’s Case for Emergency Eligibility Relief: Injunction Strategy, Antitrust Merits, and the Evidence That Wins | 1:10pm – 2:10pm

This session moves from the athlete’s career decision to the courthouse, examining how counsel builds and wins a TRO or preliminary injunction against NCAA eligibility rules in the Five-for-Five era. Drawing on his litigation experience and his ongoing analysis of the five-year rule challenges, the Trinidad Chambliss litigation, and the emerging College Sports Commission enforcement model, Philip Nickerson will walk through the antitrust theory that carries athletes past the “likelihood of success” hurdle, the evidence that proves irreparable harm before the season slips away, and the procedural decisions that can make or break an emergency filing.

Credits

Alaska

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2 General

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Alabama

Pending CLE Approval
2 General

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Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

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2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

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2 General

Louisiana

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2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

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2 CLE Hour(s)

Maine

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2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

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2 General

North Carolina

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2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

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New Hampshire

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120 General minutes

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New Jersey

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2 General

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New Mexico

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2 General

Nevada

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2 General

New York

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2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

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2.5 General

South Carolina

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2 General

South Dakota

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2 CLE Hour(s)

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2 General

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2 General

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2 General

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2 General Hours

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2 Law & Legal Hours

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