News & Analysis as of

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

O’Bannon v. NCAA – A Split Decision by the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit issued its highly anticipated decision in the O’Bannon case on September 30, 2015. This case was an appeal of the United States District Court for the Northern District...more

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

Deflategate: Four Games and Four Lessons for Unionized Employers

This week would have marked the return of Tom Brady, had his four game suspension not been reversed by the United States District Court for the Southern District of New York. Much ink has been spilled over Brady’s suspension...more

Would OSHA “Punt” on Inspecting an NFL Team?

The tragedy this August that claimed the life of one worker and injured another during construction of the new $1.1B Minnesota Vikings football stadium reminded us that serious accidents can happen at any site no matter the...more

FIFA Investigation Ensnares President Blatter

After months of speculation about potential legal ramifications for FIFA President Joseph (“Sepp”) Blatter, the Office of the Attorney General of Switzerland announced that Mr. Blatter is the subject of criminal proceedings...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

It’s The World Series Of Discrimination Trials! Catch It!

T.J. Simers, a notorious well-known former sports columnist for the Los Angeles Times, has sued the owners of the Times, contending that he was let go in 2013 because of his age (then in his early 60s, now 65) and because of...more

FIFA Investigation Expands In Scope; Former FIFA VP Extradited to United States

On September 14, U.S. Attorney General Loretta Lynch announced that the DOJ is expanding its FIFA investigation to pursue additional charges against individuals and companies. AG Lynch made these comments at a press...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

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

PGA takes timid steps to join the growing social media world

During a 2010 review of the sport of golf, Jalen Rose — a former 13-year NBA star turned ESPN sports analyst — urged the PGA to “move forward and embrace social media to the max,” noting that’s Facebook page only had...more

Massachusetts Joins List of States Reviewing Daily Fantasy Sports

Despite Massachusetts being the home to DraftKings, Attorney General Maura Healey said it would be reviewing the legality of daily fantasy sports (DFS). This announcement comes on the heels of a request by Congressman Pallone...more

Five Legal Issues Your eSports Company Needs to Know About Operating in the U.S.

With a $143 million market in North America, eSports is big business in the U.S. And given its swift rise in popularity – 205 million people worldwide watched or played eSports in 2014, it will only become bigger. At last...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

Five Lessons Ethics & Compliance Professionals Can Learn from the World of Sports

Despite the FIFA scandal and other not-so-great news from the world of professional sports recently, it’s good to remember that sports, at their best, can be a rich source of strategies and inspiration for the business...more

[Webinar] Sports, Spies and Hacks: Protecting Confidential Information - August 27th, 12:00pm EDT

Sports teams are the latest targets for data breaches. The stakes are high – confidential scouting reports, data about players, prospects and trade talks represent the ultimate trade secrets, the crown jewels that if exposed,...more

NLRB Punts on College Athlete Unions

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more

The Vital Role of Cyber Insurance in Protecting a Team’s “Analytic Property”

Professional sports organizations are facing a new off-field risk: potential exposure of their proprietary data. In this new age of data in professional sports, teams are spending millions of dollars on sabermetrics and other...more

School Districts Seeing Stars Over New Concussion Legislation

Last week, Governor Rauner signed into law the Youth Sports Concussion Safety Act (Public Act 99-0245) which includes a number of new requirements relating to student concussions for school districts, charter schools, and...more

The Unintended Consequences of Public Ownership of Sports Stadiums – The NFL meets Concealed Carry Gun Permits

“Politics is tricky; it cuts both ways. Every time you make a choice, it has unintended consequences.” — Stone Gossard A recent opinion from the Tennessee Attorney General’s office, No. 15-63, July 29, 2015, illustrates...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

Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his...more

California Environmental Law & Policy Update - July 2015 #5

Environmental and Policy Focus - Extended deadline expected in Obama’s upcoming climate plan: New York Times - Jul 28: The final version of President Obama’s signature climate change policy, which may be unveiled as...more

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