Media & Entertainment Law

Seton Hall Symposium Postponed

Posted on February 25, 2010
Due to weather, the Seton Hall sports symposium originally scheduled for tomorrow will be postponed. I'll update when a date gets set.

Reaction to Tiger Woods Apology

Posted on February 22, 2010
Sports attorney Jay Reisinger has a thoughtful reaction to Tiger Woods's apology:Some in the media have asked me whether Tiger took the correct path in handling this matter with respect to public relations given that I had represented Sammy Sosa, Andy Pettitte, and A-Rod (and others) in somewhat similar circumstances...

New SI.com Column on Legal Implications of the Olympic Luger's Death

Posted on February 22, 2010
I have an SI.com column on the legal implications on the tragic death of Nodar Kumaritashvili. Here's an excerpt:* * *A related issue to the dangerousness of conditions is the type of legal duty owed by the parties to Olympic athletes. According to page 15 of the Olympic Charter, which furnishes the core set of guidelines for the Olympic Games, one of the IOC's roles is "to encourage and support measures protecting the health of athletes...

The Chicago Cubs and Salary Arbitration - Ryan Theriot's Hearing is the Last One of the Year

Posted on February 20, 2010
The Chicago Cubs have one of the most interesting team histories in salary arbitration. Their hearing yesterday with Ryan Theriot is only the sixth in the history of the franchise. It is also the first for general manager Jim Hendry. The Cubs hold a 3-2 edge over their players...

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The Good News is That Arbitration is Nearing the End - Jeff Mathis and the Angels

Posted on February 18, 2010
Mike DiGiovanna reported this morning on the Los Angeles Times Sports Blog that Jeff Mathis is in Tampa today for his hearing with the Angels. Mathis, who received $450,000 for his services last year, is seeking $1,300,000. The Angels offered $700,000...

WSJ Law Blog on Luge Accident Liability

Posted on February 18, 2010
Ashby Jones from the Wall Street Journal's Law Blog has posted a story on potential legal issues surrounding the tragic death of Georgia luge racer Nodar Kumaritashvili last week in Vancouver. Sports Law Blog former guest Ryan Roderberg, Duke Law Professor Doriane Coleman, and I are quoted in the story...

Figure-skating: Still fixed, still not a sport

Posted on February 18, 2010
If it is a Winter Olympic year, then everyone must care, once again, about figure skating. And no discussion of figure skating is complete without a discussion of corrupt judges.Following the controversy in pairs skating in 2002, when judges from five countries traded votes to ensure a Gold for the Russian team, skating moved to a system of anonymous judging...

University of Baltimore Law School of Law Sports Law Symposium

Posted on February 17, 2010
If you're in the Baltimore area, tomorrow from 10:30 a.m. to 3:30 p.m. the University of Baltimore will be hosting a symposium that will address three issues: (1) increasing coaches' compensation; (2) the status of the NFL's collective bargaining agreement; and (3) licensing the Ultimate Fighting Championship...

Not Another Post on Salary Arbitration - Oh, Yes - Brian Bruney

Posted on February 17, 2010
The Washington Nationals went to a hearing yesterday with Brian Bruney, the relief pitcher that they acquired from the New York Yankees in December. Bruney hopes to compete for the closer role with Matt Capps, another new acquisition for the Nationals, although the former closer for the Pirates certainly has more experience in that role...

The 2010 Tulane Law School Moot Court Mardi Gras Invitational Sports Law Competition

Posted on February 17, 2010
Last week, Tulane Law School hosted the 2010 Tulane Law School Moot Court Mardi Gras Invitational Sports Law Competition. This year?s problem was based on the Star Caps case that has been discussed at great length on this site. I want to take this opportunity to thank the students at Tulane Law School?in particular Nathan Prihoda, Marcus Edwards, Daniel Meyer, Julia Farinas, Andrew Miragliotta, Ashlee Cassman?for all of their hard work in putting this event together...

A Hearing a Day - Wandy Rodriguez

Posted on February 17, 2010
The Houston Astros and pitcher Wandy Rodriguez held baseball?s fifth hearing of the year today. The Astros offered Rodriguez $5,000,000 while the pitcher requested $7,000,000. The gap of $2,000,000 demonstrates a significant disagreement between the two parties over the lefty?s value...

Cody Ross - Arbitration Hearing Three

Posted on February 15, 2010
Cody Ross and the Florida Marlins headed to their hearing this morning. According to reports that I have read, the arbitration panel for this case was Margaret Brogan, Howard Edelman, and James Oldham. The Marlins, like their counterpart in Tampa Bay, use a file-and-go philosophy with their salary-arbitration players...

Cardozo Law Symposium: The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses

Posted on February 14, 2010
I look forward to delivering the keynote address and serving as the new media panelist at a symposium hosted by the Cardozo Arts and Entertainment Law Journal on Thursday, March 4. The symposium is titled "The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses"...

B.J. Upton and Rays - Second Hearing This Year

Posted on February 13, 2010
B.J. Upton and the Tampa Bay Rays conducted the second hearing of this year's salary arbitration season yesterday. The case was heard by a veteran panel of Elizabeth Neumeier, Elliott Shriftman and Gil Vernon. The decision is due today. Tampa Bay's "file-and-go" philosophy forced the hearing once the two sides arrived at the filing deadline...

Roger Goodell Given an Extension

Posted on February 12, 2010
Numerous news outlets are reporting that the NFL has given commissioner Roger Goodell a five-year extension. This extends his contract through March 1, 2015. This is an interesting development with the current labor situation in the NFL.

Corey Hart, the Brewers, and Baseball Salary Arbitration - Hart Wins

Posted on February 12, 2010
Corey Hart and the Milwaukee Brewers conducted the first arbitration hearing of the year yesterday. For the Brewers, this is only the fourth hearing in the history of the franchise, and it is the first for general manager Doug Melvin, who took over for Dean Taylor in 2002...

Court Rejects EA's First Amendment Defense

Posted on February 11, 2010
On Tuesday, Mike mentioned the federal district court's denial of the NCAA's motion to dismiss in the O'Bannon case. As part of that ruling, Keller v. EA, filed in the same court, was consolidated with the O'Bannon case. In a separate ruling, the court held that the First Amendment does not trump the right of publicity under California law in the context of video game use of players' identities...

Reminder: Sports Law Symposium in Chicago Tomorrow

Posted on February 11, 2010
Just a reminder that the Depaul Sports Law Symposium, "Sports and the Great Recession," is scheduled to kick off on Friday at 9 am. Although "Snowmageddon" may prevent some panelists from getting to Chicago in time, it should still be a great event. To register (free for Depaul law students, $20 for other law school students, and $60 for general attendees) visit this site...

A Correction Regarding the Brewers

Posted on February 11, 2010
One of the great challenges with trying to have correct information about over 3,200 players who have filed for salary arbitration during the history of the process is tracking down the correct information for every single player. Plus, you want to check and recheck to debug your data set...

New Law Review Article: The NBA and the Single Entity Defense: A Better Case?

Posted on February 10, 2010
Later this year, the Harvard Journal of Sports and Entertainment Law will publish my article titled, "The NBA and the Single Entity Defense: A Better Case?". It is in part a companion article to my Yale Law Journal feature, "American Needle v. NFL: An Opportunity to Reshape Sports Law"Here is an abstract of the Harvard article:* * *This Article will explore the relationship between the National Basketball Association, its independently-owned teams, and associated corporate entities, including the Women?s NBA, NBA Properties, NBA Developmental League, NBA China, and single entity analysis under section 1 of the Sherman Act...

First Salary Arbitration Hearing Set For Tomorrow

Posted on February 10, 2010
It appears that the first salary arbitration hearing of the year will take place tomorrow between Corey Hart and the Milwaukee Brewers. Tom Haudricourt of the Milwaukee Journal Sentinel and Adam McCalvy, the Brewers? MLB.com contributing writer, have both been covering the Hart negotiations...

O'Bannon v. NCAA Moves to Discovery

Posted on February 09, 2010
Pete Thamel of the New York Times writes this morning about a federal judge denying the NCAA's motion for dismissal in O'Bannon v. NCAA, a lawsuit which concerns whether former NCAA student-athletes should receive compensation for the NCAA's use of their images and likenesses...

Seton Hall Sports and Entertainment Law Annual Symposium

Posted on February 09, 2010
On Friday 26, the Seton Hall Journal of Sports & Entertainment Law will be hosting its annual symposium. Here's some additional information:The event will examine the National Football League's Rooney Rule, discuss financial and estate planning for athletes and entertainers, and consider the bankruptcy and relocation issues related to the Phoenix Coyotes bankruptcy litigation...

Who Dat Days at Tulane

Posted on February 08, 2010
We don?t get many snow days down here in New Orleans. We get Mardi Gras days (and hurricane evacuations). For the first time, though, Tulane is having a Who Dat day. Here?s the official email from Scott Cowen, Tulane?s President:February 8, 2010 Good Morning, There are certain moments in life that are transcendent and transformative and are too wonderful for words...

March Trademark Infringement Madness

Posted on February 04, 2010
With March just weeks away, attention will quickly move from the Superbowl to the NCAA basketball tournament. In the past, the NCAA's Trademark Protection Office has been aggressive in defending the use of this "March Madness" and related trademarks...

Who Dat and Other Links

Posted on February 03, 2010
A few quick links as Super Bowl Sunday approaches.First, the NFL sends cease and desist letters to local vendors in New Orleans who are selling ?who dat? merchandise.Second, Senator Vitter (among others) responds to the NFL. Third, the NFL softens its who dat stance a bit...

Jay Reisinger Blog

Posted on February 03, 2010
Sports lawyer Jay Reisinger [at left in photo], who has represented Andy Pettitte and Sammy Sosa, among other big league players, has started a new blog, with an emphasis on sports law. Here are a couple of his first posts:Debunking Salary Arbitration Myths - Part I...

Is President Obama Serious about Taking on the BCS?

Posted on February 02, 2010
In a terrific column, Sports Illustrated's Andy Staples addresses President Obama's interest in replacing the BCS with a college football playoff. Andy interviews me for the column. Here's an excerpt:* * *Second, the federal deficit will not rise one penny if the Justice Department investigates the BCS...

MLB Properties v. Upper Deck Trademark Infringement Suit

Posted on February 02, 2010
Maury Brown of the Biz of Baseball blog reports that Major League Baseball Properties, MLB's trademark licensing and enforcement entity, filed a trademark infringement suit yesterday against trading card manufacturer Upper Deck. The suit was filed in the United States District Court for the Southern District of New York, and alleges that two new sets of trading cards produced by Upper Deck ? the Ultimate Collection and Signature Stars sets ? improperly use MLB trademarks without permission...

Recap of UF Sports Law Symposium on Collective Bargaining Agreements in MLB, NBA, and NFL

Posted on February 02, 2010
Last Friday, I had a terrific time at the University of Florida Levin College of Law participating in the law school's sports law symposium, which was headlined by former MLBPA executive director Donald Fehr and which concerned the collective bargaining agreements of Major League Baseball, the National Basketball...

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