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When public perception and the law differ: man fired for heckling TV reporter at soccer game is rehired after arbitration process

Just because members of the public call for the firing of an employee for yelling sexual taunts at a TV reporter at a sports match, does not mean that the firing is legally justified, a recent case illustrates....more

The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over...more

The NCAA Ruling : How Far Should Courts Go In Redefining Market Rules?

In O’Bannon v. National Collegiate Athletic Association, Case No. 14-16601 (9th Cir. Sept. 30, 2015), the Ninth Circuit applied the Rule of Reason to the NCAA’s amateurism rules, and concluded that while the NCAA can ban cash...more

The New Portuguese Court of Arbitration for Sports

The Portuguese Court of Arbitration for Sport (CAS) is expected to become fully operational in October 2015. The CAS will have mandatory jurisdiction over all administrative disputes arising in relation to sports federations,...more

Deflategate for Labor Lawyers

With the NFL season just beginning, and Tom Brady leading the New England Patriots to victory over the Steelers, we decided to provide you with a bit of football-inspired labor law. On September 3, 2015, Judge Robert Berman...more

Musings on Tom Brady and Arbitrator Bias

Again this year, a famous athlete put the spotlight on the process of arbitration.  Earlier this month, Tom Brady succeeded in convincing a federal judge to vacate the arbitration award against Brady.  (The four-game...more

In a Twist, Judge Overturns Arbitration Decision Suspending Tom Brady

On September 3, Judge Richard Berman of Southern District of New York overturned the NFL's four-game suspension of New England Patriots’ quarterback Tom Brady. Besides being a dream come true for ESPN, the ruling is quite...more

Don't Get Deflated: Four Things Employers Can Learn From the Tom Brady "Deflategate" Ruling

On Thursday, September 3, 2015, a federal judge overturned the NFL’s four-game suspension imposed on star quarterback Tom Brady, ruling that the league couldn’t discipline him for allegedly deflating footballs in order to...more

Deflategate’s Lessons for Civil Arbitrations

Unless you live under a rock, you’ve heard about “Deflategate:” The Patriots’ use of allegedly under-inflated footballs during their 45-7 win over the Colts in last-year’s AFC Championship. In a 40-page opinion issued...more

Judge Puts Brady Back in the Game

New England Patriots’ fans can thank U.S. District Judge Richard M. Berman if and when they see NFL quarterback Tom Brady suiting up next Thursday for the Patriots’ season opener. Judge Berman vacated Brady’s four-game...more

Neutral arbitrators in sports: What makes it fair?

"Neutrality has been defined as a state of mind, a certain distance that the arbitrator establishes vis-a-vis his or her legal, political and religious background.” It is not a concept that it necessarily grounded in...more

Business Litigation Report - July 2015

Introduction - Issue preclusion is a familiar concept to most practicing attorneys. Under this doctrine, “later courts should honor the first actual decision of a matter that has been actually litigated.” Charles Alan...more

60s On 6; Sirius Trouble

SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the...more

Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled...more

Missouri Declares It Unconscionable For NFL Commissioner to Arbitrate Employment Dispute

The Supreme Court of Missouri has issued two significant arbitration decisions in recent weeks, showing its willingness to sever any aspects of an arbitration agreement that it finds unconscionable (while enforcing the...more

California Legislative Update

The end of the first week of June is the deadline for California bills to pass out of their house of origin. The following are significant bills affecting private-sector employers in the Golden State that have advanced to...more

Australia: WADA Appeals Essendon Anti-Doping case

The World Anti-Doping Authority (WADA) has released a statement announcing their decision to appeal the Australian Football League (AFL) Anti-Doping Tribunal’s decision to clear 34 past and present AFL players for alleged...more

WDW Not the 'Happiest Place on Earth' for Some Disney Performers

When three Walt Disney World performers complained that their "Lion King" character costumes were too dirty to wear for their upcoming performance they were fired last summer, but an arbitrator has now ordered their...more

Essendon v ASADA: Players cleared

The Australian Football League Anti-Doping Tribunal has cleared 34 past and present players of any wrongdoing in relation to a supplements program at the Essendon Football Club. The tribunal, consisting of two former...more

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

Lance Armstrong’s Perjured Doping Testimony Earns Him a $10 Million Sanction in Arbitration

Recently, Lance Armstrong attracted national attention when an arbitration panel in Texas ordered him to pay $10 million in sanctions to a promotions company for lying about his use of performance-enhancing drugs to win the...more

Australia: Sauber Motorsports’ failed legal challenge sees driver Giedo van der Garde racing in Formula 1

On Monday 9 March 2015, F1 team Sauber launched a legal challenge in the Victorian Supreme Court to a previous decision by a Swiss arbitration court. The previous decision ruled that Sauber must uphold its contractual...more

Skating on thin ice: the independence of CAS is challenged

Multiple World and Olympic champion German speed skater, Claudia Pechstein puts the Court of Arbitration for Sport to perhaps its greatest test to date. ...more

Why The Arbitration Award Against Adrian Peterson Was Vacated

A federal judge in Minnesota today vacated the arbitration award that confirmed the NFL’s discipline of Adrian Peterson.  You can read the decision here.  The judge found two separate bases for vacating the award: 1) the...more

GLOBAL: Lance Armstrong to pay US$10 million to SCA Promotions

On 4 February 2015, an arbitration panel (in a 2-1 decision) ordered Lance Armstrong to pay US$10 million to SCA Promotions (SCA), a sports insurance company, for US$12 million worth of bonuses received for his seven Tour de...more

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