HOW THE SUPREME COURT CHANGED COLLEGE SPORTS FOREVER Johnny Manziel - A CLE JOHNNY MANZIEL - THE MAN

• Born December 6, 1992 • Grew up in Tyler, Texas but family moved to Kerrville, Texas where Manziel attended high school. • Rated a 3 start prospect by both Rivals and Scout with offers from Texas A&M, Baylor, Colorado State, Iowa State, Louisiana Tech, Oregon, Rice, and Stanford. • First Freshman to ever win the Heisman Trophy. JOHNNY MANZIEL - THE MAN

• Known by fans as Johnny Football. ! • Drafted in 2014 in the first round of the NFL Draft by the Cleveland Browns. JOHNNY FISTFIGHT - MANZIEL FACES CRIMINAL CHARGES ! • In June of 2012 Manziel was arrested in the Northgate area of College Station after a late night fight. • When officers asked Manziel for his identification he produced a phony Louisiana driver’s license that showed his birthday as December 6, 1990, instead of 1992. • Police found two more ID cards - a fake Texas license and Manziel’s real driver’s license. • In July of 2013 Manziel plead guilty to failing to properly identify himself to police. Manziel was required to pay a fine of $2,000 and court costs. JOHNNY FOOTBALL™

! • Manziel form JMAN2 Enterprises, LLC in Texas on December 4, 2012. • On February 2, 2013, JMAN2 Enterprises, LLC filed an application for the trademark “Johnny Football.” • JMAN2 Enterprises, LLC later in 2013 and in early 2014 filed applications for additional trademarks for JMAN2, JMAN, MANZIIEL, JIIM, JFF, and The House That Johnny Built.

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• NCAA bylaws prohibit a student athlete from receiving payment for their name or likeness. BUT • A student athlete MAY keep financial earnings as a result of legal actions. ! JOHNNY FOOTBALL™

• So, Johnny Manziel cannot sell products with the Johnny Football trademark, but if someone else sells Johnny Football merchandise, Manziel can profit from litigation or by way of a settlement. JOHNNY HANCOCK

• NCAA Bylaws 12.5.2.1 - forbids a player from permitting "the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind." George Schroeder reports the violation is being termed "inadvertent."

• Johnny Manziel cannot permit the sale of or receive compensation for his autographs. JOHNNY HANCOCK

• In 2013, ESPN reported that Manziel took part in a total of 6 autograph signing sessions, for 3 different brokers, in less than a month span.

• In all, it was reported that Manziel signed items more than 4,400 times in what was allegedly a “five-figure deal.”

• While there was evidence of the actual autograph sessions, there was no evidence that Manziel took money as payment for the autographs. JOHNNY HANCOCK

• Because it was likely that Manziel knew the autographs were being sold, the NCAA and A&M agreed to a compromise whereby Manziel would have to sit out the first half of the Rice football game. NCAA INVESTIGATIONS - BASIC RULES

• The NCAA cannot compel those outside its jurisdiction to cooperate in an investigation and cannot require that outsiders turn over documents through discovery. This includes parents of athletes, agents or high school personnel. • The NCAA can compel a student athlete to cooperate or by threatening the athlete’s eligibility. • The NCAA has not power to charge witnesses with perjury if dishonesty is suspected. NCAA INVESTIGATIONS - BASIC RULES

• Member institutions Member institutions fulfill their obligation by: fully cooperating with the enforcement staff, Committee on Infractions and Infractions Appeals Committee; disclosing to the enforcement staff all relevant information regarding potential violations; and protecting the integrity of the investigation (that is, limiting the disclosure of information relevant to the investigation). NCAA INVESTIGATIONS -HOW TO REPRESENT STUDENT ATHLETES FACING NCAA INVESTIGATIONS

• First consider - what evidence is readily available to the NCAA? -In the Manziel case - giving autographs is not a violation in itself. Only if he received compensation or knew that the autographs would be sold. ! - Avoid letting your client talk to the NCAA without knowing what the NCAA may know about the alleged event. NCAA INVESTIGATIONS -HOW TO REPRESENT STUDENT ATHLETES FACING NCAA INVESTIGATIONS

• Remember - the NCAA has limited powers in its investigations and its ONLY recourse is to limit or remove eligibility. - the University may have an adverse interest from the student athlete or coach. - an attorney that regularly provides pro bono or reduced-fee work can represent a student athlete in an NCAA investigation without that representation being considered an improper benefit. - an NCAA violation is not necessarily a moral or legal wrong HOW THE SUPREME COURT CHANGED COLLEGE SPORTS FOREVER Johnny Manziel - A CLE