🏅 Interview with Christian Addison, ASE Representation: The State of NIL for International Athletes

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Hey there,

Christian Addison graduated from Virginia Military Institute in 2014, where he was awarded a commission into the United States Air Force as a Second Lieutenant. After attending Washington and Lee University School of Law under the federal government’s educational delay program, he entered the Judge Advocate General program as a Captain, where he litigated over 20 federal cases throughout his five-year career — never losing a litigated case. 

After active duty, Christian opened Addison Sports & Entertainment (ASE Representation), a full-service sports and entertainment agency. His agency focuses on representation across five industries: professional football, golf and lacrosse, collegiate athletics via NIL, and the electronic dance music industry.

He has a diverse legal background, including extensive experience in contracts, trusts and estates, tax, intellectual property, and litigation. Throughout his career, Christian has represented over 800 clients across these sectors. 

You can imagine why were excited to sit down with Christian. In this interview, we touch on the legal problems with NIL and international students, building brands for younger clients, and more. We hope you enjoy!

Want to connect with Christian on LinkedIn? Click here.

— Cole, Justin and Collin

You’ve discussed how the NIL system is broken before, specifically in relation to how it handles international student-athletes. Can you tell us about your client, Kieron Van Wyk, and the legal process behind getting him to a place where he can legally benefit from NIL?

NIL is particularly challenging for international athletes due to several key factors rooted in legal, bureaucratic, and logistical complexities. Firstly, the U.S. immigration and visa regulations present significant hurdles. Many international athletes are in the country on student visas, which often come with strict limitations on employment and income-generating activities. This creates a major obstacle for athletes looking to monetize their NIL while studying and competing in the U.S.

In my experience, before Kieron obtained his visa, we had to pursue NIL deals outside the United States; in other words, we would fly Kieron out of the country to go meet with a brand or make an appearance at an event. This approach allowed him to benefit from NIL opportunities without violating U.S. immigration laws. While effective, this solution was expensive and time-consuming, which highlights the disparities and additional challenges international athletes face compared to their domestic counterparts.

With an athlete like Kieron who is so talented and marketable, we had to find a way around this. So we petitioned the immigration office to grant him a P-1A visa, which is a non-immigrant visa reserved for internationally recognized athletes; the visa allows athletes to earn money with the ability to study here in the States. The immigration office defines a P-1A candidate as an "individual athlete with an internationally recognized reputation and member of an athletic team that is internationally recognized.” In other words, it is an extraordinarily high burden to meet. But we were confident in Kieron's abilities and if the immigration office reviewed his accomplishments, they too would see he's destined for greatness. So we paid for the application and as expected, he became the first international golfer granted the visa while still in college here in the states.

Kieron and our agency were ecstatic to make history, but this trend needs to continue for all international athletes. To address these challenges, a more inclusive and streamlined approach is necessary. Simplifying visa and work authorization processes, providing tailored education and support programs, and creating a standardized global framework for NIL deals can help level the playing field for international athletes. By addressing these obstacles, we can ensure that all athletes, regardless of their nationality, have the opportunity to benefit from their talents and hard work.

How would you personally alter the Name, Image and Likeness ("NIL") system to better accommodate international athletes?

To better accommodate international athletes within the NIL system, I would advocate for several key changes. First, we need to simplify the visa and work authorization processes. Currently, many international athletes face significant legal and bureaucratic challenges when trying to monetize their NIL. By streamlining these processes, we can ensure that all athletes, regardless of their nationality, have the same opportunities to benefit from their talents and hard work.

Second, creating a standardized global framework for NIL deals would be beneficial. This framework should ensure that international athletes receive fair and equal opportunities, regardless of their country of origin. It should also provide clear guidelines and protections to prevent exploitation and ensure that athletes are compensated fairly for their contributions.

Additionally, education and support programs tailored to the needs of international athletes can help them navigate the complexities of the NIL landscape more effectively. These programs should provide information on legal issues, financial management, and brand building, and should be accessible to all athletes, regardless of their location.

Lastly, partnerships between universities, governments, and private organizations can help provide the necessary resources and support for international athletes. By working together, these entities can create a more inclusive and equitable NIL system that benefits all athletes, regardless of where they come from.

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You build brands for athletes across the age spectrum – from NIL to the NFL. How does building a brand for a younger client differ from an older client? Are there any similarities? 

Building a brand for younger clients, such as those under the NIL system, differs significantly from working with older clients, like those in the NFL. Younger athletes, often still in college, have a unique opportunity to leverage social media platforms like Instagram, TikTok, and YouTube to build their brand. They are typically more tech-savvy and can engage with their audience in real-time, creating a more personal and authentic connection. This age group is also more experimental, allowing for creative and innovative branding strategies that can quickly go viral.

On the other hand, older clients, particularly professional athletes, have established reputations and fan bases. Branding for this group focuses more on leveraging their existing achievements and creating long-term partnerships with reputable brands. These athletes often have a more defined image, and the branding strategies tend to be more refined and aligned with their career milestones and personal values.

However, the core principle of authenticity remains the same across both age groups. Whether young or old, an athlete’s brand should reflect their true personality, values, and passions. Storytelling is crucial for both demographics, as it highlights their journey, achievements, and community involvement, creating a compelling narrative that resonates with fans and sponsors alike. Additionally, both groups benefit from a strong support system that includes financial advisors, legal counsel, and brand management professionals to help them navigate their careers.

The House settlement seems to be looming over everything in college sports right now. From a legal perspective, how would the proposed changes change the NIL landscape?

The proposed House settlement could bring significant changes to the NIL landscape, creating a more structured and equitable environment for college athletes. One of the primary benefits would be the establishment of clearer regulations and protections, ensuring that all athletes have access to NIL opportunities regardless of their school's size or resources. This would help level the playing field, giving athletes from smaller or less prominent schools the chance to benefit from their NIL rights.

Legal clarity would also reduce the risk of exploitation. Currently, the NIL landscape is somewhat fragmented, with varying regulations across states and institutions. A standardized set of rules would provide a consistent framework, making it easier for athletes to understand their rights and obligations. This would also benefit schools and businesses, as they would have a clear understanding of the legal landscape, reducing the risk of non-compliance and situations where players inadvertently risk losing their collegiate eligibility.

Additionally, the proposed changes could enhance transparency and fairness in NIL deals. By establishing guidelines for contracts and compensation, athletes would be better protected against unfair terms and potential exploitation from both agents and brands. This would ensure that they receive fair compensation for their contributions, reflecting their true market value.

Overall, the House settlement could create a more professional and equitable NIL environment. By providing clear regulations, protecting athletes from exploitation, and ensuring fair compensation, the hope is that these proposed changes would help athletes navigate the NIL landscape more effectively and maximize their opportunities.

How do you anticipate the next five years will shake out? If you had to guess, what will the college sports and NIL landscape look like half-a-decade from now?

In the next five years, I envision a more mature and structured NIL ecosystem, driven by technological advancements and evolving regulations. As the initial excitement around NIL rights settles, we will likely see the development of more sophisticated support systems for athletes. Financial advisory services, legal counsel, and brand management agencies tailored specifically to NIL needs will become more prevalent, providing athletes with the resources they need to manage their NIL rights effectively.

Digital platforms will play a significant role in this evolution. We can expect the emergence of specialized NIL marketplaces, where athletes can easily connect with brands, negotiate deals, and track their earnings. These platforms will facilitate seamless transactions and engagements, making it easier for athletes to monetize their NIL rights.

I pray that colleges and universities will also adapt, offering dedicated NIL education and resources to their athletes. This could include workshops on financial literacy, contract negotiation, and personal branding, ensuring that athletes are well-prepared to take advantage of their NIL opportunities.

Moreover, regulatory bodies will likely establish more comprehensive guidelines and protections, creating a more equitable and transparent NIL landscape. This will help prevent exploitation and ensure that athletes are compensated fairly for their contributions.

Lastly, many people claim the amount of money flowing into collegiate sports is unsustainable; that the money being paid to these men and women will die out at some point.  I could not disagree more.  I'll go one step further by saying I think the money coming into collegiate sports will only continue to increase for the next 5-10 years at least.  This makes it more important than ever for athletes to surround themselves with people they trust to ensure their best interests are maintained at all times.