Art, Entertainment & Sports Alternative Dispute Resolution (ADR)

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Artists, Entertainers and Mediation: Where the paths meet

I’m a lawyer and have been a full-time mediator for more than 20 years. Before I went to law school, I spent 10 years working as a professional dancer, seven as a member of the Alvin Ailey American Dance Theater. I didn’t...more

Arbitration award on tribal igaming with non-US players

An arbitration award by a sole arbitrator recently approved a submission by the State of Oklahoma and the Iowa Tribe of Oklahoma as to the legality of internet gaming in which the server is located on Indian lands in Oklahoma...more

Three Blockbuster Summer Arbitration Decisions

While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in...more

New Stats From The AAA

The American Arbitration Association (AAA) has not released statistics for years (other than to the CFPB). But recently, arbitration geeks got a summer solstice gift of (limited) new information. The piece is only three...more

Arbitrators Have The Right To Be Wrong: The Second Circuit Speaks About “Deflategate” (And What’s Next)

When we last wrote about “Deflategate”, Tom Brady, the National Football League Players Association [“NFLPA”] and New England Patriots fans were basking in the glory of the reversal of NFL Commissioner Roger Goodell’s...more

All-Star Lineup Takes the Field for Korean Sports Arbitration Conference

The bases were loaded in Seoul this week as some of the heaviest hitters in sports arbitration law mixed it up in anticipation of the 2018 PyeongChang Olympic Winter Games. In his opening remarks, Conference Chair Eun Young...more

Deflategate Update

An appeals court recently reinstated the four game suspension issued to Tom Brady by the National Football League. The Patriots quarterback previously had his four game suspension reversed by the United States District Court...more

Brady's Benching Gives Lesson in Court Review of Arbitration Decisions

Earlier this week, Bills and Jets fans (and at least one Packer fan) rejoiced as the Second Circuit Court of Appeals reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady based on a finding...more

Legal Lessons from Tom Brady

The state of Massachusetts collectively groaned last week as the Second Circuit Court of Appeals reinstated quarterback Tom Brady’s four-game suspension for his role in the “Deflate-Gate” saga. A brief recap of this strange...more

Labor and Employment News: Deflategate: Limited Ability to Appeal Arbitration Awards

Nearly all collective bargaining agreements have an arbitration clause for deciding any disputes under the agreement. Beyond the labor arena, employers have increasingly mandated arbitration as the designated forum for...more

What Tom Brady, Underinflated Footballs, and “Deflategate” Teach Employers About Arbitration

Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.” In the 1970s, for example, legendary Oakland...more

Unvacating Arbitration Awards: Quarterbacks and Car Accidents

The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be...more

Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more

USC Responds to Football Coach’s Claims that Termination Was Discriminatory

In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more

Arbitration Award Overturned Because Panel Not Impartial

On November 4, 2015, the New York Supreme Court vacated an arbitration award concerning the right to televise baseball games on the ground that the arbitration panel was not impartial. The arbitration involved the Baltimore...more

Review Of Arbitration Awards: Lessons for the Construction Industry from the Tom Brady Case

NFL Mgmt. Council v. NFL Players Ass’n, 2015 U.S. Dist. LEXIS 117662 (S.D.N.Y. Sept. 3, 2015) - “Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So...more

Third Circuit Finds That Alleged Legal Errors Do Not Justify Vacatur Of Arbitration Award

The United States Court of Appeals for the Third Circuit recently confirmed an arbitration award in a dispute concerning the ownership of certain music rights, rejecting the argument that alleged legal errors constituted...more

Arbitration Award Overturned Under The FAA Because The Panel Was Not Impartial

The New York Supreme Court vacated the award entered in an arbitration of television rights between Mid-Atlantic Sports Network (“MASN”), the Baltimore Orioles, the Commissioner of Baseball (“MLB”) and the Washington...more

2015: Arbitration Inches Toward Center Stage

Arbitration case law did not break any new ground in 2015. Instead, a larger sector of the public became aware of the ground already broken in 2011 and 2013, as well as how common arbitration is in professional...more

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 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

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