Art, Entertainment & Sports Labor & Employment

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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

Three Point Shot

Female Football Player Throws Flag at LFL over Bare Wages - The three-year championship run of the Los Angeles Temptation was snapped in 2013 when the upstart Chicago Bliss, led by the quarterback and two-time league...more

Rolling the Dice with Casino VIP Lists

In the competitive world of land-based casinos, high roller “VIP” players are courted with a host of special perks and privileges. A casino’s proprietary VIP customer list represents one of its most valuable assets, almost...more

Status Updates - August 2014 #12

..What’s not to like? The National Labor Relations Board has ruled that an employee’s Facebook “like” approving of another employee’s statements about their employer may constitute “concerted activity” under federal labor...more

High School Football Players (and others) Tweet with Caution

I recently read an article about how college football recruiters are using twitter to screen out potential players for their teams. It’s becoming a somewhat common practice for recruiters to monitor the twitter accounts of...more

Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful Termination Suit

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head women’s basketball...more

School Districts: New Law Expands Child Abuse Reporting Obligations to School Coaches (8/14)

On August 6, 2014, Governor Andrew Cuomo signed a bill into law that will require school athletic coaches to report suspected child abuse to the authorities. Under state law, school personnel, including but not limited to,...more

The GPMemorandum, Issue 183

In This Issue: - Fourth Circuit Upholds Summary Judgment For Manufacturer In Exclusive Dealing Case: Despite being one of two manufacturers that control 99% of the market, E.I. DuPont de Nemours and Co. has...more

The Majors, The Minors and Antitrust Training

In my last antitrust training blog, I admitted I didn’t know much about it and that I frankly thought of the topic as much less popular than others in most ethics and compliance training libraries. After writing about it,...more

Northwestern University Football Players Are Not Employees

Recently, the National Labor Relations Board ruled that grant-in-aid scholarship football players at Northwestern University are “employees” under the National Labor Relations Act. This has raised the question whether such...more

The World Cup of Non-Competes

Can you imagine if FIFA allowed or enforced non-compete agreements that limited the ability of a player to hold dual citizenship and play for either country? Would the World Cup have suffered if brothers representing Ghana...more

Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional...more

Terminating a sportsperson’s contract for private conduct (the Todd Carney case)

On 28 June 2014, a photo was posted on social media of Cronulla Sharks’ Football Club five eighth Todd Carney engaging in a lewd act in a nightclub bathroom. The Cronulla Sharks acted swiftly, organising a teleconference with...more

Workplace Lessons from the NFL—An Interview with Ogletree Deakins Shareholder and Former Offensive Lineman, John Gerak

Until his career was cut short by injury, John Gerak played five seasons as an offensive lineman in the National Football League (NFL)—four with the Minnesota Vikings and one with the St. Louis Rams. As an undergraduate,...more

Essendon Football Club v Australian Sports Anti-Doping Authority

Federal Court Action - On 13 June 2014, the Essendon Football Club (an Australian Rules football club) launched legal action in the Federal Court of Australia against the CEO of the Australian Sports Anti-Doping...more

Summer Semester Checklist – Revisiting Your Coach’s Contract

In the “quiet” period for intercollegiate athletic competition, compensation to college coaches has taken center stage. During the ongoing trial in the O’Bannon v. NCAA litigation, the plaintiff’s expert economist highlighted...more

Musicians in the theatre production ‘War Horse’ lose their legal bid

Musicians employed by the National Theatre in its production of War Horse at the New London Theatre have been refused their application for an interim injunction, or alternatively specific performance, to require the National...more

World Cup 2014: Is your business ready for kick-off?

The 2014 World Cup is nearly upon us. The first game kicks off in Brazil on 12 June 2014. With the time difference in the UK’s favour, the matches will be screened early or late evening and may therefore have less of an...more

The NLRB Invites Comments Before Reaching a Final Decision on Whether to Grant Northwestern University Football Players the Right...

On March 26, 2014, Peter Sung Ohr, the National Labor Relations Board’s (“NLRB”) Regional Director in Chicago, ruled that football players at Northwestern University were properly classified as employees of the University...more

College Coaching Comebacks Petrino and Pearl Get Second Chances: The Moral(s) of the Story

Bobby Petrino seems to turn every team that he coaches into a winner – and a cash cow. After Petrino took over the Louisville Cardinals in 2003, he increased the team’s revenue from $10 million to $19 million in just three...more

Is the NLRB’s Brown University Decision on Its Last Leg?

The National Labor Relations Board’s treatment of college and university students as “employees” covered by the National Labor Relations Act has been the subject of a tortured history. In the Fall of 2000, in a case...more

Will the Star Quarterback Be Sacked by the Taxman?

On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer...more

Whistleblowing the NCAA into Compliance

Mike McQueary was living his dream. A Pennsylvania State College kid who quarterbacked the Penn State University Nittany Lions, McQuery had climbed the ranks from Coach Joe Paterno's graduate assistant to Penn State's...more

The Employment Law Authority - March/April 2014

In This Issue: - Depressed Worker Does Not Qualify For Leave: Court Finds FMLA Requires A Period Of Incapacity - Homer Deakins Testifies Before NLRB: Discusses Controversial Changes To Representation Election...more

What Would You Do With Donald Sterling?

By now, you’ve probably heard of the audio recording of racist statements by L.A. Clippers’ owner Donald Sterling that has gone viral. Yesterday, the NBA commissioner announced that Sterling will be banned for life from the...more

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