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Category Archives: Sports Business and the Law

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NBA Players: Who Owns the Tats on Your Arm?

Posted in Intellectual Property, Sports Business and the Law

As featured in the Washington Post, the artist who inked superstars LeBron James and Kobe Bryant is suing the makers of the video game NBA 2K16. The game featured the tattoos on the arms of the players. Solid Oak Sketches alleges that the game developers refused to pay to license the designs after it offered such an arrangement, but… Continue Reading

Litigation Is a Process, or “Don’t Spend That Money Until the Last Appeal Date Runs Out”

Posted in Sports Business and the Law

T.J. Simers, late of the Los Angeles Times, was a talented sports columnist until he was no longer there. He said he was constructively discharged and discriminated against for his age. He sued and got a substantial verdict before an L.A. jury. As reported in the Times, the trial judge cut the verdict dramatically, finding no… Continue Reading

Offensive to You, Me or the Average Reasonable Person

Posted in Intellectual Property, Sports Business and the Law

I was in NYC last week for the annual dinner of the Media Law Resource Center. Wonderful event. The pre-dinner panel was on hate speech and it intersected with the sports law world, with of course the Washington Redskins as Exhibit “A”. The room was packed with luminary lawyers and  numerous opinions on the subject.… Continue Reading

Yogi and Sam

Posted in Sports Business and the Law, Sports History

As featured everywhere, including USA Today, Yogi is dead. I have always been struck by the wise malaprops that both he and Samuel Goldwyn coined. So much wisdom in each man. I have used Goldwynisms and Yogiisms before juries and each never fail to draw a chuckle from the audience. As a tribute, let me… Continue Reading

Third Circuit Determines That New Jersey’s Partial Repeal of Its Sports Betting Prohibition Is an Unconstitutional Violation of PAPSA

Posted in Sports Business and the Law

In a 2-1 decision this morning, the United States Court of Appeals for the Third Circuit affirmed the District Court’s decision that New Jersey’s law partially repealing its prohibition against sports wagering violates the Professional and Amateur Sports Protection Act of 1992 (“PAPSA”).  The Honorable Marjorie O. Rendell, who wrote Court’s majority opinion, concluded that… Continue Reading

HIPAA HITECH & HIT Blog: Athletes Do Not Leave Their HIPAA Rights at the Locker Room Door

Posted in Privacy Issues, Sports Business and the Law

On the firm’s HIPAA, HITECH & HIT Blog, Fox partner Elizabeth Litten published a post yesterday noting two recent high-profile instances of HIPAA breaches involving professional athletes, and reviewing a 2002 clarification by the U.S. Department of Health and Human Services that a professional athlete has the same HIPAA rights as any other individual. Fox partner Bill… Continue Reading

Daily Fantasy Sports Websites Face Legal Hurdles Relating to Advertising Promotions

Posted in Sports Business and the Law

The rapid rise of fantasy sports in the last 15 years is well documented. In 2013 alone, an approximately 30 million Americans spent an estimated $11 billion on fantasy football. In the past year, the hottest trend in fantasy sports has been the growth of daily fantasy sports websites, such as FanDuel and DraftKings. These… Continue Reading

The Kris Bryant Problem and How to Fix It

Posted in Labor & Employment, Sports Business and the Law

On March 30th, the Chicago Cubs assigned wunderkind slugger Kris Bryant to its minor league affiliate in Iowa, rather than bringing him north from spring training for MLB’s opening day.    Bryant – the consensus number one prospect in professional baseball – completely annihilated Cactus League pitching this spring, with a league-leading 9 homers in 40… Continue Reading

Fan Sues NFL For $25 Million Alleging Theft Of Idea For Original NFL Network Series

Posted in Intellectual Property, Sports Business and the Law

A Los Angeles resident has sued the National Football League, NFL Commissioner, Roger Goodell, and eight NFL employees in the United States District Court for the Central District of California alleging theft of intellectual property. Representing himself pro se, Plaintiff, Rickey B. Reed, claims that he developed the concept for an original production profiling the… Continue Reading

New Jersey and Sports Leagues Set to Resume Sports Betting Battle in Federal Appellate Court Today

Posted in Sports Business and the Law

Today is a crucial day for New Jersey in its mission to legalize sports betting, as it will argue its position on the issue against attorneys for the four major American professional sports leagues and the NCAA this morning in the Third Circuit Court of Appeals in Philadelphia, Pennsylvania. Attorney Theodore B. Olson, who represents… Continue Reading