It isn’t that they are avoiding litigation, the NCAA already lost. Last year or the year before the Supreme Court ruled the NCAA could no longer restrict the income of a student athlete. That’s how the NIL came about.I think we have seen some of this, players entering the portal to reset their NIL market but potentially returning to their current school. This is the most outspoken example though, for sure. I don't think the NCAA has any avenue (or desire) to curb this type of action though.
Some guiderails for NIL woulda been a good idea but alas, the NCAA is so worried about litigation now they are just going to sit on their hands.