News & Analysis as of

Athletes

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

MLB All-Stars Ryan Howard and Ryan Zimmerman Cry Foul at Al Jazeera’s Documentary on Sports Dopers

by Fox Rothschild LLP on

The defamation lawsuit by retired three-time All-Star Philadelphia Phillies first-baseman Ryan Howard and All-Star Washington Nationals first-baseman Ryan Zimmerman against Al Jazeera over the controversial documentary The...more

Judge Recertifies MLB Minor League Collective and Class Action

by Jackson Lewis P.C. on

Federal Magistrate Judge Joseph C. Spero struck a blow to MLB when he reversed course on his earlier decision and recertified a minor league collective and class action against MLB....more

Chicago Professional Sports Teams Seek Workers’ Compensation Reform

by Howard Ankin on

The Chicago Bears, Blackhawks, Bulls, Cubs and White Sox have written a letter to a state representative in a show of support for a new bill that could detrimentally affect the workers’ compensation claims of injured...more

Three Point Shot - February 2017

by Proskauer Rose LLP on

Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more

Longitudinal Study Finds that Post-Concussion Syndrome (PCS) May Be Permanent

by Downs Rachlin Martin PLLC on

University of Toronto researchers have just published an important longitudinal study following patients with Post-Concussion Syndrome (PCS) based on a diagnosis of concussion in conformity with the international sport...more

“Rest Until Symptom Recovery” May Not be the Best Medicine for Children and Adolescents Recovering from Acute Concussion

by Downs Rachlin Martin PLLC on

In a study published in the Journal of the American Medical Association (JAMA) on December 20, 2016, Canadian researchers found that children and adolescents who returned to exercise within seven days of experiencing a...more

What’s in a name? Registration obtained for “Johnny Hockey”

Applying for a federal trademark registration for a name or nickname can be tricky business. For example, the registration of a mark is prohibited if it is “primarily merely a surname,” meaning that the primary significance...more

2016 in Arbitration Law: Fleeting Victories for Consumer Advocates?

If I had drafted this annual summary post on November 7, 2016, it would have looked different. At that point, the year had produced numerous (final or proposed) federal regulations that significantly restricted the use of...more

Supreme Court Denies Review of NFL Players’ Concussion Settlement

In April of 2015, Pennsylvania federal district court judge Anita B. Brody approved a settlement between the National Football League (NFL) and retired football players intended to resolve thousands of concussion lawsuits...more

As American as Football, Apple Pie and Class Actions

by Benesch on

Two cert petitions in a football-related class action are pending before the U.S. Supreme Court: Gilchrist v. National Football League, case no. 16-283 and Armstrong v. National Football League. Both are scheduled to be...more

Genetics a Likely Factor in Variability of Outcome Following Concussion

by Downs Rachlin Martin PLLC on

Most experts in traumatic brain injury (TBI) agree that there is a high degree of variability in outcomes after TBI, including concussions (usually characterized as “mild” TBIs – mTBI.) In other words, this injury is...more

Three Point Shot - November 2016

by Proskauer Rose LLP on

Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

Continuing to Play Following Concussion Can Prolong Recovery And Expose Athletes to Catastrophic Second Impact Syndrome

by Downs Rachlin Martin PLLC on

A new study published in the September, 2016 issue of Pediatrics provides evidence that returning to play immediately following a sports related concussion, even without a “second impact” nearly doubles, on average, the...more

From sports and entertainment to politics and social justice—when worlds collide in your workplace

by FordHarrison on

It’s everywhere. Whether you like it or not, you can’t escape it. While the topics of politics and social justice are undoubtedly important discussions to have in our country, the reality is that they now seem ever present....more

Hackers Post Athletes’ Medical and Drug Testing Records Online

Hacking group Fancy Bear, reportedly a Russian group, who allegedly hacked into the Democratic National Committee emails which made headlines, has posted U.S. Olympians’ medical and drug testing records online. Although it...more

Taking a Page Out of the Olympic Playbook: A Spotlight on National Collegiate Anti-Doping Policies

With the increase in athletic competition often comes an increase in methods to find a competitive edge. Prior to this year’s Olympic games in Rio, several international athletes tested positive for performance enhancing...more

Strike a Pose and Say “Trademark”

by Dorsey & Whitney LLP on

After visiting Rio to experience the Olympic Games a few weeks ago, I still feel like a winner. One athlete who won big in Rio was Usain Bolt, who took home three medals in three Track and Field events during the Games this...more

An SEC Offering Fraud, An Attorney and NFL and NBA Players

by Dorsey & Whitney LLP on

The SEC filed another offering fraud action which in part targeted current and former professional athletes. Investors in the scheme included NFL and NBA players. The attorney defendant claims to have tried to purchase a...more

Rio, Swimming, Lies, and Morals Clauses

by Kelley Drye & Warren LLP on

This week, four companies announced that they were cutting ties with Ryan Lochte after the swimmer admitted to lying about being robbed at gunpoint during the Olympics. Speedo, for example, said that although they enjoyed the...more

The Olympic Branding Blackout

Has there been a more constant presence at the Rio Olympics than #brands? I saw it everywhere, from the Polo-branded opening ceremony garb (met with the requisite outrage) to Michael Phelps’ “MP” branded swimwear (of...more

Are Professional Athletes Covered Under New Overtime Rules?

Last week, a federal district court judge in California declined to certify a collective action claim by minor league baseball players who alleged they had not been paid overtime as required under the Fair Labor Standards Act...more

Three Point Shot - Summer 2016

by Proskauer Rose LLP on

800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He? World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more

Hit by the Pitch: Federal Judge De-Certifies FLSA Class Action of Minor League Baseball Players

In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball...more

Court Rejects City’s Anti-SLAPP Claim Regarding Would-Be NFL Stadium in Carson

by Miller Starr Regalia on

The location of several National Football League franchises have been in flux for years, with teams such as the Chargers, Raiders, and Rams seeking modern, amenity-laden stadiums they have been unable to attain in their...more

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