News & Analysis as of

NFL

More Fair Use of the Super Bowl Trademark?

Downtown Minneapolis is starting to come alive for upcoming Super Bowl LII, you can feel the energy building and commerce flowing, new ads and signage being erected almost daily...more

Super Bowl Ambush Marketing Games Begin?

We continue to have Super Bowl LII on our minds here in the Twin Cities. It’s hard to avoid thinking about the upcoming “Big Game” with ads like these blanketing our skyway maze...more

Standing Still: Fan Gets Second Chance to Bring Precarious NY/NJ Super Bowl Ticket Case

by Foley & Lardner LLP on

Recently, the Third Circuit U.S. Court of Appeals turned the switch on a fan’s seemingly dormant class action suit against the National Football League concerning its 2014 Super Bowl Ticket Distribution Policy, which limited...more

#SBLII: #HereWeGo?

We’ve come a long way from April 1, 2017, until now, with the steady drumbeat — and ads galore — in preparation for the upcoming Super Bowl LII in downtown Minneapolis...more

Athletes and their Biometric Data – Who Owns It and How It Can Be Used

More than ever before, biometric data, a term often used broadly to refer to metrics related to human characteristics, is being collected at a faster pace. Devices of all kinds are now able to able to track and store data...more

Santa’s Naughty List Continues to Grow

Well, the sun came up again today and, naturally, we woke up to more headlines involving sexual harassment in the workplace. This time, three on-air commentators from the NFL Network have been suspended due to allegations of...more

After Schiano: Lessons For Athletic Directors from Tennessee’s Coaching Search

The vetting and hiring of a new coach is one of the most critical responsibilities athletic directors face. Athletic directors work to identify coaching candidates that will give the university’s teams an opportunity to win...more

Trump v. the NFL: Can the Players Sue the President? The Answer Isn’t So Simple

by Kelley Drye & Warren LLP on

A few Sundays ago, Terry Bradshaw, the Hall of Fame quarterback, used his platform as the longtime co-host of the television program Fox NFL Sunday to address the growing controversy over some NFL players choosing to kneel...more

11th Circuit Axes Class Action Settlement; Holds Objector Should Have Been Allowed to Intervene

by Balch & Bingham LLP on

In Technology Training Associates, Inc. v. Buccaneers Limited Partnership, No. 17-11710 (October 26, 2017), the Eleventh Circuit axed an approved class action settlement due to plaintiffs’ counsel’s apparent “desire to grab...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

The Future of VR: Sports Programming to Drive Adoption?

Could sports become the killer app for virtual reality (VR)? At least one prominent venture capitalist believes that will be case. Todd Klein, partner of Revolution Growth, a Washington, D.C.-based investment firm founded by...more

To Kneel or not to Kneel; What is the Question?

by Miles & Stockbridge P.C. on

The recent controversy surrounding NFL players kneeling during the National Anthem raises an interesting question concerning the protection of the National Labor Relations Act (NLRA) vis-à-vis work-place protests over social...more

Colts Fail to Score Motion to Dismiss Eavesdropping Suit

Moving the chains forward for the plaintiff, an Indiana federal court judge said allegations that the Indianapolis Colts’ mobile app eavesdropped on users were sufficient to survive a motion to dismiss....more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

by Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Free Speech at Work: It Is Not What You Think It Is

On Wednesday, Tampa Bay Buccaneers defensive lineman Gerald McCoy made a comment about the ongoing National Anthem issue. McCoy stated: “I think it’s gonna be an uproar if that is to happen because you’re basically taking...more

All Rise (or Not)! A Flag, The National Anthem & Connecticut Law

by Shipman & Goodwin LLP on

“Joe, in response to all this NFL stuff, we want you to display U.S. flags at your workstation.” “No.” “Well, then you’re fired.”...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

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

Politics in the Workplace: Do NFL Players Have Freedom of Speech to Protest at Games?

by Payne & Fears on

It’s nearly impossible to turn on the TV and not hear something about the NFL player protests and whether such actions are protected speech under the First Amendment. While these protests started last season, they have grown...more

Trump Plays Ball (To Knee or Not To Knee)

by Kelley Drye & Warren LLP on

President Trump likes to mix it up. Mix everything up, like the National Football League and the First Amendment. Wait. What? Whether you think the President defies convention strategically or blunderingly, Trump is...more

Making Fair Use of the Super Bowl Trademark

Over the weekend, the Star Tribune continued the growing drum beat of understandable excitement for Super Bowl LII, as it steadily approaches U.S. Bank Stadium in Minneapolis....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

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