NFL Sports

News & Analysis as of

Tax Policy Update

NUMBER OF THE WEEK: $23 Billion. The total revenue generated by the additional Medicare tax and the net investment income tax used to pay for the Affordable Care Act. The total exceeds the Joint Committee on Taxation’s 2010...more

NFL At Risk Of Losing Non-Profit Status?

A recent proposal by U.S. Congressman Jason Chaffetz, the Chairman of the Committee on Oversight and Government Reform, would eliminate the tax-exemption under Internal Revenue Code section 501(c)(6) for professional sports...more

12th Man Down

In the wake of our 49th Super Bowl (er, “The Big Game”), it seems the Seahawks are not only making headlines with their last minute calls, but also with their IP strategies. Over the past couple of years, the Seahawks have...more

The NFL’s Super Bowl Trademark Nonsense

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before...more

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

USA: Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more

Playing “I-Spy” in the NFL Deflate-Gate Is No Different than the Workplace

Since I am married most of the year to a Football junky, I could not help but be drawn into the recent deflate-gate drama in which the NFL game-day footballs Tom Brady used in the Patriots game to defeat Baltimore, were...more

Who can I sue if my team doesn’t make it to the Super Bowl? #LawsuitAttorney

Apparently, this is the question one man asked himself after the Dallas Cowboys lost in the NFL playoffs to the Green Bay Packers. A key play in that game came in the fourth quarter when a pass to Cowboys receiver Dez Bryant...more

NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

Personal Brand Management for Retirees (…of the NFL)

Dozens of former NFL players lit up the federal court docket here in Minnesota with filings on Monday targeted at Defendants including the National Football League, NFL Films, Inc., and NFL Productions, LLC....more

2, 4, 6, 8…NFL Cheerleaders Not “Rah Rah-ing” About Pay Rate

Two NFL teams are facing wage and hour class action lawsuits filed by their cheerleaders. On January 22, an Oakland Raiderette sued the Raiders organization on behalf of herself and current and former cheerleaders alleging...more

Could Losing Copyright Protection Be The Key To Ending Stadium Subsidies?

Quentin Tarantino is suing Gawker Media because it leaked his script and Northwestern football players are attempting to unionize in yet another attack on the NCAA — two stories that would otherwise be right in my wheelhouse...more

The 49ers May Not Be Going to the Superbowl . . . But Their Consolation Prize Ain’t Bad

I’m not much of a sports guy, but like many in the San Francisco Bay Area, I watched the 49ers-Seahawk game over the Martin Luther King, Jr. Day weekend....more

Three Point Shot

Sports and Hollywood have long been inextricably linked – many athletes want to be and even become actors, countless actors have lived out their athletic fantasies on the silver screen, and it is no secret that athletes and...more

Employment Newsletter - November 2013: Incognito No Longer: Workplace Bullying Legislation Again at the Forefront

The much “ballyhooed” controversy surrounding the Miami Dolphins’ offensive tackle Jonathan Martin’s departure following the allegedly incessant bullying and harassment by all-pro lineman Richie Incognito has reignited the...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

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

The Miami Dolphins-A Code Red For Compliance

Tom Cruise: Did you order a Code Red? Jack Nicolson: You’re G__D__ right I ordered a Code Red. The above lines were spoken in the movie version of “A Few Good Men”. If there was ever one scene which demonstrated...more

Dan Snyder, The CCO And Doing Business Ethically

We continue the football theme as an entrée into compliance by looking at Washington Redskins owner Daniel Snyder. I am a life-long Dallas Cowboys fan so having someone like Snyder as the owner of your main rival at the...more

Redskins Name Is an 'Ethnic Slur,' Says Lawyer  [Video]

Sept. 24 (Bloomberg) -- Jesse Witten, partner at Drinker Biddle & Reath LLP, talks with Bloomberg Law's Spencer Mazyck about his representation of a group of Native Americans who have petitioned to cancel the trademark...more

Court Tackles Product Market Definition for NFL-Licensed Apparel Case

Beginning in 1922 with the Supreme Court’s decision in Federal Baseball Club of Baltimore v. National League of Professional Baseball, professional sports leagues have been involved in antitrust litigation....more

Jim Brown's Right Of Publicity Claim Revived By Keller Victory On Appeal

A Ninth Circuit panel decision issued on July 31, 2013, has revived NFL legend Jim Brown's state law right of publicity claims against video game maker Electronic Arts, Inc. ("EA"). Back in March 2009, Brown filed an action...more

NFL Concussion Lawsuits in Philadelphia

Earlier this month, a federal court in Philadelphia heard arguments about concussions in the National Football League (NFL). More than 4,100 plaintiffs, who are part of 222 consolidated lawsuits, are at the beginning of the...more

Will Liability Insurers Have a Duty to Defend the NFL in Concussion Litigation?

The recent expanse of litigation against the National Football League for concussions and other brain injury related claims contains hall of fame names and headline worthy accusations of failed safety measures. The bigger...more

Three Point Shot - March 2013

In this Issue: - Reversal of Fishy Court Opinion Gives Boat Crew Another Chance to Reel in a Million-Dollar Prize - Don’t Eat the Yellow Snow - Grades for Football Prospects Copyrightable, But Sports Writer Not...more

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