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Category Archives: Sports Business and the Law

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Celebrity Defamation and Breach of Contract: McGuire and Travolta Voice Their Unhappiness

Posted in Sports Business and the Law

Mark McGwire, present day hitting coach for the Dodgers, former Bash Brother with Jose Conseco and present non-member of the Hall of Fame says it is “too late” to make peace with Mr. C., as headlined on ESPN.  Meanwhile, John Travolta is trying to stop publication of a book by his former pilot, who claims they had… Continue Reading

Are Hot Dogs A Part Of Baseball?: Missouri Supremes Limit Mascot Actions

Posted in Sports Business and the Law

Recently, the Missouri Supreme Court asked a simple question:  What should you expect when you go to a baseball game? How did this come about?  The story is stranger than you think.  The scene:  The Kansas City Royals’ Kauffman Stadium.  The culprit:  The Royals’ erstwhile mascot, “Sluggerrr.”  Among Sluggerrr’s many duties is the manning of… Continue Reading

Raging Court Round Two; Implications of the U.S. Supreme Court’s Decision

Posted in Sports Business and the Law

I am reminded for better and worse of the Court’s decision on the Bill Clinton/Paula Jones case.  The majority opinion said that the litigation would not be an undue burden on the Presidency.  Hindsight is 20/20. In ruling that laches does not apply to copyright claims, the Court did not completely consider the implications of… Continue Reading

What Happens Next: The Legal Effects of Donald Sterling’s Ban

Posted in Privacy Issues, Sports Business and the Law

  Will Sterling appeal?  Will there be legal consequences for V. Stiviano?  What are the rights of the Clippers’ players?  I had the opportunity to provide my thoughts to Anna Gallegos of LBXN earlier today: Clippers Owner Donald Sterling Hit with Ban and Fine, but Legal Battle with NBA Looms We’ll be following the aftermath of Sterling’s… Continue Reading

Sterling v. Silver: Lessons Not Learned In Childhood

Posted in Sports Business and the Law

The sentence has been announced:  A lifetime ban for Donald Sterling.  Now, the legal dance will begin. One interesting point in all this is that Donald Sterling was raised in Boyle Heights. During his childhood, that neighborhood in Los Angeles was one great melting pot.  My grandfather lived there.  On any given day, walking down the street, you would see… Continue Reading

Region 13 of NLRB Concludes That Northwestern’s Scholarship Football Players are Employees under the National Labor Relations Act and Entitled to Organize and Bargain Collectively with the University Part II of II

Posted in Sports Business and the Law

Let me start this second half by saying that the author of this decision, Regional Director Peter Ohr, is a law school classmate of mine for whom I have tremendous respect. That said, I think the Region made a mistake in directing an election in this case and it is my hope that Northwestern appeals… Continue Reading

Region 13 of NLRB Concludes That Northwestern’s Scholarship Football Players are Employees under the National Labor Relations Act and Entitled to Organize and Bargain Collectively with the University — Part I of II

Posted in Sports Business and the Law

In the first part of this two part blog I will outline the Region Director’s decision, and in part II discuss the potential consequences of the decision and why I think the Region made a mistake in directing an election among Northwestern University’s athletic scholarship football players to determine whether they wish to be represented… Continue Reading

Student-Athlete Suit Filed Against NCAA: Are We At The Tipping Point?

Posted in Sports Business and the Law

As reported by CBS News, there is yet another suit against the NCAA arguing that anti-trust is being violated by not paying college athletes.  We have been following these suits, and folks, this one may be different.  Plaintiff’s attorney is with a very white shoe, respected, and establishment firm. Why does this make a difference?  It may… Continue Reading

Transgender Athlete Sues CrossFit After Being Denied Entry in Women’s Division

Posted in Sports Business and the Law, Uncategorized

  Chloie Jönsson, who was born male and had sexual reassignment surgery in 2006, sought to compete in the 2014 women’s CrossFit Games.  After CrossFit reportedly refused to allow her to compete in the women’s division, Jönsson sued CrossFit on March 6, 2014 in the Superior Court of Santa Cruz, California.  Claiming discrimination, Jönsson reportedly… Continue Reading

Crossing Over: Allen Iverson Honored by the 76ers

Posted in Sports Business and the Law, Uncategorized

Allen Iverson had his number retired last week by the Philadelphia 76ers, the capper to a career almost certainly destined for the Hall of Fame.  Iverson joined lofty company – Dr. J, Charles Barkley, Moses Malone.  Players who played in rarified air – figuratively and literally. Iverson remains the most remarkable athlete I’ve ever seen… Continue Reading

Punt, Pass, and Kicked Off The Team?: Potential Defamation Liabilities for Former Viking Chris KIuwe

Posted in Sports Business and the Law

On January 6th, it was reported that former Minnesota Vikings punter, Chris Kluwe, retained legal counsel as the Vikings investigate allegations he made against the organization in his January 2nd Deadspin article.  His lawyer is there ostensibly to assist with the investigation the Vikings are conducting into his allegations.  Having read the Deadspin article and… Continue Reading

Getting Rid of A Bad Deal: After Decades of Payments, the NBA Buys out the Spirits’ Former Owners

Posted in Sports Business and the Law

This one takes us back to the land of bell bottoms, super afros and bad disco.  Back when there was a rival basketball league called the ABA (American Basketball League), the NBA wanted a merger. Badly. The upstart league was garnering revenue, attention and provoking bidding wars that the senior league did not want.  One… Continue Reading

An Ounce of Prevention is Worth A Pound of Cure: Claims of CTE Cures Raise Legal Questions

Posted in Sports Business and the Law

The profiteers are emerging from the woodwork.  As more and more former football players struggle with the after-effects of their time on the field, a shadow industry of physicians has emerged, promising a golden cure from degenerative brain disease.  As reported this week by The New Republic, despite conventional wisdom that chronic traumatic encephalopathy can… Continue Reading