News & Analysis as of

Football

Tax Reform: Focus on the Sports Industry

by Proskauer - Tax Talks on

Over the last several days, there have been significant developments relating to the Tax Cuts and Jobs Act, the pending tax reform legislation in Congress. On Thursday, a detailed summary of the Senate Finance Committee’s...more

Draft Italian Budget Law Promotes Sports Arena Refurbishment

by McDermott Will & Emery on

The Italian Government confirmed its willingness to promote the renovation of sports-related assets in the draft budget law currently pending parliamentary approval. The final budget law is expected to contain further efforts...more

Dallas Cowboys Controversy Highlights Trap for Union and Non-Union Employers

by Barley Snyder on

Dallas Cowboys owner Jerry Jones publicly announced recently that he would bench any player who kneels during the national anthem. As a lifelong Cowboys fan, the flap momentarily diverted my attention from the Cowboys’...more

Withholding Evidence In sports Labor dsputes: What eSports can learn from Brady and Elliot? - Questions of Fundamental Fairness...

by Stinson Leonard Street on

For the uninitiated, eSports, is a professional sports league connected to video games, and is one of the fastest growing sports markets. While some chuckle at the growth of eSports, others are taking notice of the industry's...more

EU & Competition Law Update – October 2017

by Bryan Cave on

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public...more

Regulating Speech at Work

by Pepper Hamilton LLP on

Q: Can a private employer limit its employees’ speech and political activity in the workplace? A: Yes, but not speech that is considered part of a “concerted activity.”...more

Recent IRS Ruling Creates (Interest)ing Tax Conundrum for Sports Teams Utilizing Personal Seat Licenses

by Stinson Leonard Street on

On June 2, 2017, the Internal Revenue Service (IRS) held in a private letter ruling that proceeds used to a fund portion of the new stadium for the Los Angeles Rams franchise of the National Football League (NFL) and received...more

Hackers Score Touchdown: NFL Players Association Hit With Data Breach

A data breach of the National Football League Players Association’s (“NFLPA”) website has exposed the personal information of nearly 1,200 players and agents....more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Recent IRS Ruling Creates (Interest)ing Tax Conundrum for Sports Teams Utilizing Personal Seat Licenses

by Stinson Leonard Street on

On June 2, 2017, the Internal Revenue Service (IRS) held in a private letter ruling that proceeds used to a fund portion of the new stadium for the Los Angeles Rams franchise of the National Football League (NFL) and received...more

Can NFL Players Be Fired, Disciplined For Protesting During National Anthem?

by Jackson Lewis P.C. on

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has...more

Lessons From the Ezekiel Elliott Arbitration

by Baker Donelson on

As most football fans know, the NFL suspended Dallas Cowboys’ star running back Ezekiel Elliott for the first six games of the 2017 – 2018 season for violating the league’s personal conduct policy. His suspension was based on...more

Gavel to Gavel: Scandalous and immoral (trademarks)

by McAfee & Taft on

Since 1946, federal law has prohibited registration of scandalous, immoral and disparaging trademarks. This summer, the U.S. Supreme Court found the prohibition on disparaging trademarks to be unconstitutional, creating...more

Public Official or Private Citizen? In Free Speech Cases, Courts Must Decide

by Ballard Spahr LLP on

First Amendment retaliation claims may be getting harder to pursue for state employees, as courts seem increasingly likely to view speech as part of the employees' roles as public officials rather than as private citizens....more

Ineligible Coach On The Field – Assessing Whether Restrictions Are Enforceable In Contracts

With the start of college football season around the corner, attention turns to off-season shake ups in coaching staffs. One controversial change involved defensive coordinator Robert H. Shoop. Shoop traded in his blue and...more

In Matal V. Tam, Scotus Rules Prohibition On Disparaging Trademarks Unconstitutional

The Asian American members of the band the Slants adopted that name to “reclaim” and “take ownership” of the derogatory term. The United States Patent and Trademark Office (“USPTO”) refused to register a trademark application...more

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

New Information on Photophobia following TBI

One of the most common symptoms following TBI is photophobia, an intense intolerance to light that can cause significant discomfort, interfere with activities of daily living, and contribute to post traumatic headaches. It...more

The First Amendment Protects The Trademark Registrability Of THE SLANTS And THE WASHINGTON REDSKINS Irrespective Of Political...

by Weintraub Tobin on

In 2014, the Washington Redskins lost a battle before the Trademark Trial and Appeal Board (“TTAB”) where the petitioner, a group of Native American activists, sought cancellation of the “Washington Redskins” trademark, which...more

DraftKings and FanDuel Call Off Merger Following FTC Intervention

On July 13, 2017, daily fantasy sports providers DraftKings and FanDuel announced their decision to call off their proposed merger. Last month, the United States District Court for the District of Columbia issued a temporary...more

FTC Temporarily Halts Proposed DraftKings-FanDuel Merger

On June 20, 2017, the United States District Court for the District of Columbia issued a temporary restraining order blocking the daily fantasy sports (DFS) companies DraftKings and FanDuel from consummating their proposed...more

SEC Confirms Sales of NFL Fan Memberships Fall Outside of Securities Act

In a no-action letter issued earlier this week, the Staff of the Division of Corporation Finance granted relief to LA Fan Club, “a fan club for loyal fans of the Rams football team,” to offer fan memberships for sale and...more

Three Point Shot - June 2017

by Proskauer Rose LLP on

"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

If You Have Nothing Nice to Say, Say ®

On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks. The Court’s ruling in Matal v. Tam, 582 U.S. ___, No. 15-1298 (June 19,...more

Brands that Bite - The Supreme Court unanimously rules that the First Amendment forbids the Trademark Office from refusing to...

By striking down the “disparagement clause,” a 70-year-old provision of federal trademark law, the Supreme Court’s ruling this week in Matal v. Tam has the potential to change the ways in which people conceive, market,...more

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