Art, Entertainment & Sports Civil Rights

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Athletics For Disabled Students

In what seems a surprising move to many, particularly for the Obama Administration, the Department of Education Office of Civil Rights (“OCR”) has backed away from last year’s strong policy statement on access to...more

Empowering the Bystander: Workplace Harassment and Bullying – Lessons from Richie Incognito and Jonathan Martin

After reading the Ted Wells investigation report of the Richie Incognito and Jonathan Martin matter, I had several reactions. Most focused on Incognito’s reprehensible and vile bullying of Martin, primarily aided by his two...more

Critical Limitations Soften Blow Of Seventh Circuit Decision Voiding Indiana School’s Boys Basketball Hair Length Rule

The Seventh Circuit’s decision, which is one of the first of its kind and one of the first decisions addressing hair lengths in schools in decades, has garnered media attention and warrants a close look at hair length...more

OCR Clarifies Dear Colleague Letter On Students With Disabilities In Extracurricular Athletics

The U.S. Department of Education Office of Civil Rights (OCR) recently replied to a letter from the National School Boards Association (NSBA) seeking clarification on OCR’s January 25, 2013 Dear Colleague Letter on students...more

How to Ensure an Inclusive Environment for Student Athletes and Issues of Sexual Identity

Recently, college sophomore Conner Mertens became the first college football player in the United States to publicly come out. Conner is the kicker on the Willamette University football team in Oregon. This unprecedented...more

NFL Cheerleader Cries Foul Over Compensation

Standard contracts that sports franchises, such as the National Football League (NFL), use for independent contractors should be closely scrutinized in the wake of a newly filed class action lawsuit that is shining the...more

Free Speech and Ron Burgundy: Lessons from Hunter v. CBS

A man applies to be a weather anchor. The station instead hires “younger attractive females.” The man then sues the station, alleging discrimination....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 19, 2013

Hunter v. CBS Broadcasting, Inc. - California Court of Appeal reverses denial of CBS’s anti-SLAPP motion to strike plaintiff’s gender and age discrimination claims, finding that selection of weather anchors is...more

Department of Education’s Office for Civil Rights Issues Controversial Guidance On Rights of Disabled Students to Participate in...

On Jan. 25, 2013, the U.S. Department of Education’s Office for Civil Rights (‘‘OCR’’) released a Dear Colleague Letter (‘‘DCL’’) providing guidance on the obligations under Section 504 of the Rehabilitation Act of 1973...more

"Ladies' Night" Promotions Violate California Law

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is aware that the establishment cannot deny service to a patron on the basis of a...more

Boys Will Be Boys? Dolphins Face the Tough Question of Where Locker Room Behavior Ends and Workplace Harassment Begins

There is no crying in football, but is there harassment? The Miami Dolphins, a National Football League (NFL) franchise, faces this question in the wake of a highly-publicized bullying scandal involving the Dolphins’...more

But it’s our locker room: What is acceptable behavior in the sports workplace?

The first week in November was a particularly interesting period in the National Football League, especially as it applies to what is acceptable behavior between football teammates and in a professional locker...more

A Workplace Run Amok: Richie Incognito and the Miami Dolphins

For the past week, our national news has been filled with reports about the decision by Miami Dolphin football player Jonathan Martin to leave the team as a result of hazing and harassment to which he was subjected by...more

A Low or Mid-Level Employee Can Create A Privileged Communication, But Cannot Waive The Privilege Once Created

Hedden v. Kean University, A-4999-12T2, decided by the New Jersey Appellate Division on October 24, 2013, provides a tutorial on the ability of low to mid level employees to create privileged attorney-client communications,...more

EA Sports Enters Into Settlement Agreement With College Athletes

EA Sports Enters Into Settlement Agreement With College Athletes by Anthony Caruso on October 2, 2013 Video game producer Electronic Arts Sports and Collegiate Licensing Company have agreed to pay out roughly $40...more

Girl Banned From Football Because Of Her Gender

Title IX requires that schools receiving public funding must allocate those funds equally between male and female educational programs such as extracurricular sports. Since its passage over 40 years ago, Title IX has mandated...more

NCAA Lifts Certain Penn State Sanctions

NCAA Lifts Certain Penn State Sanctions by Anthony Caruso on September 30, 2013 The National Collegiate Athletic Association recently announced its decision to reduce several of the sanctions it levied against Penn...more

Does California’s Paparazzi Law Violate First Amendment?

Does California’s Paparazzi Law Violate First Amendment? by Anthony Caruso on September 27, 2013 Many celebrities, athletes, and public figures are accustomed to being followed and photographed by the paparazzi, but...more

Apple Offers Refunds in Response to “Breaking Bad” Lawsuit

Apple Offers Refunds in Response to “Breaking Bad” Lawsuit by Dan Brecher on September 27, 2013 Fans of AMC’s hit series “Breaking Bad” will not have to call in “attorney” Saul Goodman after all. Facing a class-action...more

Madison Square Garden Lawsuit May Have Far-Reaching Implications For Sports Industry

Madison Square Garden Lawsuit May Have Far-Reaching Implications For Sports Industry by Anthony Caruso on September 25, 2013 Several entertainment companies have been hit with lawsuits lately from unpaid interns...more

Bernstein Shur Business and Commercial Litigation Newslette #31

We are pleased to present the 31st edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases and news addressing the inclusion of binding forum selection clauses in corporate...more

Are Unpaid Internships Coming to an End?

Are Unpaid Internships Coming to an End? by Anthony Caruso on August 23, 2013 In what has raised more questions about the legality of unpaid internships, a lawsuit was recently filed against Sean "Diddy" Combs' Bad Boy...more

Factors That Go Into Television Network Contracts

Factors That Go Into Television Network Contracts by Anthony Caruso on August 19, 2013 Many sports analysts are watching the ascent of Fox Sports 1 as it makes multi-year television network contracts with several sports...more

NCAA Racks Up More Circumstantial Evidence Against Johnny Manziel

NCAA Racks Up More Circumstantial Evidence Against Johnny Manziel by Anthony Caruso on August 16, 2013 Texas A&M quarterback Johnny Manziel may be facing more heat from the NCAA for potentially profiting from autograph...more

Leveling the Playing Field: Providing Equitable Athletic Opportunities for Disabled Students

When Congress enacted Title IX of the Education Amendments of 1972, 20 U.S.C. §§1681 et seq. [“Title IX”], it forever changed the landscape of interscholastic and intercollegiate sports. Although as the recent Biediger v....more

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