Tennessee hires powerful attorney from Martha Stewart, Steve Bannon cases to fight NCAA

Amid its fight with the NCAA regarding its NIL rules, Tennessee has retained in a powerful attorney, according to the Knoxville News Sentinel. William “Bill” Burck has been brought in to represent the Volunteers.

Burck is a powerful lawyer who served as a special counsel for President George W. Bush and was involved in the case that sent Martha Stewart to jail. In addition, he represented New England Patriots owner Robert Kraft and former White House adviser Steve Bannon during his career.

According to the Knox News, Burck signed on to represent Tennessee in December – nearly two months before news broke of the NCAA’s investigation into the university regarding alleged NIL violations related to recruiting. The inquiry is reportedly into multiple programs, and has been met with a fierce response from Tennessee officials, including a letter from chancellor Donde Plowman to NCAA president Charlie Baker.

Part of the investigation involves the recruitment of Nico Iamaleava. The New York Times reported an NIL collective allegedly paid for Iamaleava to come to campus on a private jet. According to NCAA rules, NIL collectives cannot be involved in the recruiting process.

Public officials have also gotten involved. The Tennessee and Virginia attorneys general filed a suit in the Eastern District of Tennessee challenging the NCAA’s NIL rules regarding recruiting. A judge denied the temporary restraining order, but a preliminary injunction hearing is set for Feb. 13.

A key reason for the denial, according to the judge, was that while the athletes are not able to obtain their true NIL value, the harm is monetary damages and not irreparable.

The NCAA also issued a response to the suit, arguing allowing inducements in recruiting would throw off the competitive balance.

“Allowing member institutions and associated groups or individuals to induce prospective student-athletes to attend a particular institution by offering NIL compensation would inevitably lead to a greater concentration of talent in a smaller number of member institutions,” the response states.

Officials on Capitol Hill also took a step against the NCAA. Senators Marsha Blackburn (R-Tenn.) and Cory Booker (D-N.J.) re-introduced the NCAA Accountability Act in light of the investigation into Tennessee.

Tennessee isn’t the only program to face an investigation into alleged NIL violations. Florida State received multiple punishments last month, including a three-game suspension for Alex Atkins. Florida is also dealing with an inquiry into the recruitment of Jaden Rashada.

Pete Nakos contributed to this report.