News & Analysis as of

Hawking a New Mascot

The big mascot news over the past year has been in the NFL, as Washington fights to maintain its registrations for the REDSKINS mark. As that dispute continues, the University of North Dakota tried to put to rest its...more

AFL “list management” – a polite term for age discrimination?

As the Australian Football League 2016 pre-season approaches, there is a lot of talk in the media about “list management” by clubs. This generally involves retiring or trading “older” players – usually over the age of 28....more

Header Rules: Class Action Lawsuit Changes Youth Soccer

Recently, the United States Soccer Federation (USSF) and other youth soccer leagues agreed to issue new guidelines, including recommending the banning of “headers” for players under 10, in settlement of a class action lawsuit...more

Donald Sterling Loses Appeal of Clippers Sale: Court of Appeal Rejects Bid To Regain Team’s Ownership

The California Court of Appeal today affirmed the sale in August 2014 of the Los Angeles Clippers for a record-shattering price of $2 billion to former Microsoft CEO Steve Ballmer. In a unanimous decision, the three justices...more

Garçon to FanDuel: Check please!

What are a veteran NFL player’s name, image, and likeness worth in the burgeoning (but recently beleaguered-by-lawsuits) daily fantasy sports gaming industry? NFL wide receiver Pierre Garçon’s putative class action lawsuit...more

Is Money Being Laundered Through Your Financial Institution Using Daily Fantasy Sports Sites?

This alert addresses the explosion in popularity of daily fantasy sports (“DFS”) sites and the money-laundering potential that DFS sites may offer to criminals around the world. It then explains potential legal liability...more

Win At All Costs?: A Glimpse Into Trade Secrets In The Sports And Entertainment Industry

It is one of those magical times during the year when sports fanatics can enjoy three major American sports all at the same time: the MLB playoffs are in full swing; the NFL season has finally kicked off; and the NHL saw the...more

Title IX Implications of the O'Bannon Decision

The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more

No Cash Compensation for Class of Amateur Student Athletes

In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held...more

NHL Team Denied Deduction for Road Meals?

We noticed these recent items regarding the U.S. IRS denial of a 100% deduction by the NHL Boston Bruins hockey club in respect of the team’s provision of meals to employees during road trips. In Canada, section 67.1 of...more

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

On October 12, 2015, Steve Sarkisian was fired as head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related...more

Virtual reality lets fans play games — just like the pros

The roar. The bright lights. The scoreboard telling you it’s now or never. This is your time. You gotta tune it all out. Because it’s not about the lights and it’s not about the scoreboard. It’s about you. And the ball. It’s...more

Premises Liability Claims at the Ballpark

When you attend a baseball game with your family, are you at risk of sustaining a serious injury? If you do get hurt, can you bring a premises liability lawsuit, alleging that the owner of the stadium or the team was...more

2015 California Labor and Employment Legislation Update: It’s Final!

October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

Louisville Slugger and the Flying Dutchman

Honus Wagner (aka the Flying Dutchman) was one of early baseball’s great players. He was actually among the original five inducted into the Baseball Hall of Fame in 1936 – along with Ty Cobb, Babe Ruth, Christy Mathewson, and...more

Foreign Corrupt Practices Act 2015 Update

Despite a decline in enforcement actions by the Securities Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the first half of 2015 has continued to highlight the relevance and ever-evolving effects of the...more

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

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