News & Analysis as of

NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s...more

Tax Law Blog: Netting Tax Savings Found to be a Goal of Many NHL Free Agents

A recent study revealed that a majority of National Hockey League (NHL) players changing teams choose teams in locations with lower taxes. The study, “Major Penalty for High Taxes” was jointly conducted by the Canadian...more

Rights of Publicity: A Potentially Catastrophic Pitfall for the Unwary Marketer as told by Jordan v. Dominick’s Finer Foods

Most marketing departments for large companies have at least a basic understanding, if not a proficient grasp, of the type of legal vetting that needs to be conducted before using an image in an ad or marketing piece. They...more

Divided Ninth Circuit Splits the O’Bannon Baby

In a two to one decision, a panel of the Ninth Circuit Court of Appeals upheld in part and reversed in part the district court injunction that prohibited universities from denying certain forms of compensation to Division I...more

Permanent Residence for Extraordinary Coaches: When an Olympic Gold Medal Isn’t Enough

The EB-1A permanent residence category is reserved only for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Individuals seeking EB-1A status must demonstrate that they belong...more

Unfair-Practices Claim About NFL Star Faces Fourth and Long

We have talked before about the intersection of sports and allegedly unfair trade practices. We do so again today, focusing on NFL Pro Bowl defensive end Robert Quinn. Quinn played college football at UNC and now plays...more

Monitors Third Annual Report

This is the third annual report of the independent athletics integrity monitor (“Monitor”) pursuant to article IV of the Athletics Integrity Agreement (“AIA”) among the National Collegiate Athletic Association (“NCAA”), The...more

RECOVERY from a Surprise Genericness Refusal?

Reliant Beverage Co., makers of “Recovery Water,” has an endorsement from Russell Wilson and heaps of buzz surrounding the purported benefits of its products and “nanobubbles,” but thanks to some errors from both Reliant and...more

Even Bears Need Visas: Immigration Law Stalls Kiwi’s Dream of Playing American Football

New Zealander, Paul Lasike, always dreamed of playing American football. This 5’11”, 232 lb. Aukland native came to the United States on a scholarship to Brigham Young University, where he played rugby, but his heart was on...more

Don't Get Deflated: Four Things Employers Can Learn From the Tom Brady "Deflategate" Ruling

On Thursday, September 3, 2015, a federal judge overturned the NFL’s four-game suspension imposed on star quarterback Tom Brady, ruling that the league couldn’t discipline him for allegedly deflating footballs in order to...more

Football helmet safety: 7 tips for a successful season

Football helmet-related injuries account for a significant number of head, face, and neck injuries amongst our athletes each year. Many of these injuries result in emergency room visits and hospitalizations, large medical...more

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more

That is SO last week - August 2015 #2

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

Sports, Media and Entertainment Intelligence - July 2015

INTERNET EU: The end of roaming charges and the emergence of net neutrality - The European Commission has secured an agreement with the European Parliament and the Council to end roaming charges and to introduce the...more

Olympic Athletes May Get Chance to Sport Sponsors

Taking office amid widespread criticism surrounding Russian anti-gay legislation and the Sochi Winter Games, International Olympic Committee President Thomas Bach began his leadership in 2013 with reform on his agenda. “It’s...more

HIPAA and Jason Pierre-Paul’s Medical Chart – Setting the Record Straight

Last night, ESPN reporter Adam Schefter tweeted a photo of New York Giants defensive end Jason Pierre-Paul’s medical chart, which chart indicated that Pierre Paul had his index finger amputated. The amputation was apparently...more

Not a Soccer Fan But SHEBELIEVES

Although I’m an avid sports fan, I rarely watch soccer and quite frankly I also rarely watch women’s professional sports. I have some very logical reasons for my avoidance of soccer (in what other sport does the clock tick...more

Right of Publicity Claims by Athletes Nearly Shut Out in 2015

When we published our Sue-per Bowl post, 2015 looked like it would be a good year for right of publicity claims brought by athletes. On January 6, 2015, the Ninth Circuit in Davis v. Electronic Arts held that the First...more

Playing It Safer: Managing Concussion-Litigation Risk In K-12 Athletics

Following a week-long trial in May, an Iowa jury concluded that Bedford High School was negligent in the way it handled a head injury to former high school freshman football player Kacey Strough. The jury awarded Kacey $1...more

Advertising Around the Women’s World Cup

It’s only been a few hours since the US Women’s National Team beat Germany to secure a spot in the FIFA Women’s World Cup Finals, and we’ve already gotten questions from advertisers who want to capitalize on the victory. Is...more


In the fall of 2012, an upstart freshman quarterback at Texas A&M named Johnny Manziel earned the moniker “Johnny Football” during an incredible season, leading the Aggies to a number of huge wins. Yet after three years, a...more

Bankruptcy Beat: Former NFL Player Defeats Fraud Allegations Which Results In Discharge Of Debt

On March 31, 2015, the Honorable Albert S. Dabrowski issued a decision in Hamrah v. Coulette (In re Coulette), Adv. Pro. No. 13-2039, concerning the issue of whether an obligation created by a failed business investment gives...more

Never Tick Off a Redbird

At a Press Conference today, Satan officially announced that Hell has frozen over. He made this stunning announcement after the New York Times (NYT) reported that the baseball team with the most World Series wins in the...more

Swinging for the Fences: Minor Leaguers Continue Suit Alleging They Were Paid Peanuts By The MLB

Baseball season is well underway as fans fill themselves up on hot dogs and beers, don their rally caps for some late-inning luck, and cheer for their favorite players. Meanwhile, a class action against Major League Baseball...more

Ironman Promotion Gets ‘Bonked’

For non-triathletes the word ‘bonk’ is when an athlete runs out of energy. In May 2015, the World Triathlon Corporation (Ironman) agreed to forfeit $2,761,910 in lottery proceeds to the United States Attorney’s Office....more

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