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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

New York Court Gives Final Approval to $58.5 Million Music Licensing Settlement

On February 19, 2015, the District Court for the Southern District of New York issued final approval of a $58.5 million settlement between performing rights society SESAC (Society of European Stage Actors and Composers) and...more

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

American Needle Settlement to End Nine-Year Litigation

On February 16, American Needle Inc. reached an agreement in principle with the National Football League to settle its claims. A settlement between the parties would mark the end of an antitrust litigation that has been...more

San Jose Strikes Out in Baseball Antitrust Challenge

In City of San Jose v. Office of the Commissioner of Baseball, Case No. 14-15139 (9th Cir. Jan 15, 2015), the United States Court of Appeals for the Ninth Circuit applied the judge-made antitrust exemption for baseball to bar...more

Oakland A’s May Not Move, Ninth Circuit Says

After the Ninth Circuit’s decision on January 15, 2015, Major League Baseball maintains its exemption from the antitrust laws. Since the Supreme Court established baseball’s antitrust exemption nearly a century ago in 1922,...more

Antitrust Class Actions Against Employers: A Silicon Valley Special?

One substitute for non-competes with employees is a no-hire agreement with competing employers. As the continuing litigation toll in the Silicon Valley illustrates, that option is illusory...more

City of San Jose "Strikes Out" in Case Against MLB

Baseball holds a special place in America’s heart, but it also holds a special place in our judicial system when it comes to federal antitrust law. Unlike other professional sports, such as football, hockey, and basketball,...more

Daily Fantasy Sports and the Start of Class Action Season

While billions of dollars of sports betting continues in the shadowy world of illegal off-shore sports books, the fantasy sports business has been on fire. And as fantasy sports becomes the new hot “thing” online, it has...more

Hitting Below the Belt? MMA Fighters Allege That UFC Has Monopolized the Mixed Martial Arts Game

Throughout their history, professional sports leagues, including the National Football League, the National Basketball Association, and the National Hockey League, have generated high-profile antitrust litigation. The nascent...more

Minor League Baseball Players Take a Swing at MLB in Antitrust Suit

Several minor league baseball players have filed an antitrust class action against Major League Baseball, alleging that MLB and its teams operate as a cartel to impose restrictive contracts on minor league players. The suit,...more

Law Professors Suit Up for NCAA in O’Bannon Appeal

On November 21, 2014, professors of antitrust law from 15 universities filed an amicus brief in support of the NCAA’s appeal in O’Bannon v. NCAA. (This blog has previously covered the O’Bannon case; the most recent entry...more

NCAA appeals district court decision in O’Bannon v. NCAA

On November 14, 2014, the National Collegiate Athletic Association (“NCAA”) filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as...more

NCAA Appeals Ruling on Compensation for Student-Athletes

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s...more

Celebrity Endorsements, Online Poker and the FTC

Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on...more

FRANCE: Broadcasting rights relating Top 14 rugby games are premium rights that must be allocated to Pay TV channels according to...

On January 14, 2014, the Ligue Nationale de Rugby (the French Rugby League or “LNR”) and French premium cable television channel Canal+ entered into an agreement whereby the latter was granted exclusive rights to broadcast...more

Hold Your Cards Close: Data Protection and the Gaming Industry

Increased cybercrimes and data security threats have recently made headline news with reports of massive data security breaches at major U.S. companies, including Target and more recently, The Home Depot. Risks of data...more

Advertising Law - October 2014 #4

Red Bull’s $13M False Ad Deal Crashes Site - Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more

Norway: Gaming monopoly may be repealed

The Norwegian Government has recently appointed a committee which shall report on the consequences if the Norwegian lotteries and gaming monopoly were to be repealed. The committee shall amongst others consider whether if one...more

Gucci / Guess – The Italian Appeal: Gucci’s half victory against Guess on the ground of unfair competition

The Milan Court of Appeal has overturned the first instance decision and partially upheld Gucci’s claims, stating that Guess has committed an act of unfair competition, by parasitically copying a number of products of the...more

No Harm, No Foul in Apple E-Book Notice Screw Up

In mid-September, class notices went out in the ongoing Apple E-books class action lawsuit that might have momentarily had Apple’s attorneys a little concerned. Over three million potential members of the class received...more

Parties Seek Expedited Answers on Changes to College Sports

As we discussed in more detail in our previous article, the extent to which the O’Bannon decision, which found that the NCAA operates as a “cartel” that restrains college athletics, will impact college sports largely comes...more

“Free Sherlock” Litigation Raises Specter of Antitrust Liability for Distributors Cooperating With Intellectual Property Owners

Leslie Klinger, noted Sherlock Holmes scholar and lawyer, has waged a nearly all-out legal offensive against the Estate of Arthur Conan Doyle over the Estate’s assertion of a copyright in connection with certain works...more

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that...more

Game On! Recent Legal Developments and Tax Issues for Collegiate Athletics

This is a period of unprecedented change for collegiate athletics, with potentially surprising tax consequences to the parties involved. Within the past six months, a federal district court held that the antitrust laws...more

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