Take the Stairs - Rory Vaden

Rory Vaden stopped in Austin, Texas on his "Take the Stairs Bus Tour".  As part of the launch of his new book he is traveling the country delivering his message of discipline and success to audiences near and far.

I have known Rory for several years.  We are both active members of the National Speakers Association.  He is a nice guy who has worked hard to fulfill the dream of getting a book onto the New York Times Best Seller List (Take the Stairs was #2 on the NY Times List for Hardcover Advice & Misc. Books on February 26, 2012).  I was thrilled to get to stop by his presentation at Connally High School.

My clients have heard me say a million times: "When your friends and other associates have something cool (and important) going on in their life - it is necessary to find ways to support them!!!"  If they host an event, speak at a conference, or have a book launch party you need to show up if you can.  Humans are experiential beings, and when we can share time together live and in person.... it matters.  Too often people forget that being supportive is part of being a friend.  We must celebrate the victories of others, or we risk finding ourselves alone in our own time of glory.

Sure, it would have been great to have been home for dinner with my family, but few of my friends have ever hit the New York Times Best Seller List.  Fewer still have traveled the country in a snazzy bus (no, I did not get to go inside the bus).  Team Rory was in Austin for one night and my schedule could accommodate my being present at his event.  I am glad I was there... as it was a wonderful evening.

He is a masterful speaker and the audience loved his talk.  I had already read his book, but I was able to get him to sign my copy (after the long line of adoring fans were done with him!).

Looking for a book to read?  Take the Stairs!

Have A Great Day.

thom singer

Harlem Ambasadors sue Harlem Wizards over LaMarvon Jackson

Back in 2006, we blogged about the Harlem Ambassadors taking on the Harlem Globetrotters in an FTC complaint over the Globetrotters'"use of arenas" clauses that allegedly prevented the Ambassadors from playing in certain arenas.

Six years later, the Ambassadors are back in sports legal news.  This time they have filed a lawsuit against the Harlem Wizards over the Wizards allegedly trying to sign LaMarvon Jackson, who the Ambassadors say was under contract to play for them.  The 6'6 Jackson didn't exactly have a big impact as a college basketball player -- he averaged just 1 point per game over two seasons at the University of Arkansas Little Rock from 2007 to 2009 -- but has apparently became a coveted professional comedy basketball player.  Or at least one worthy of filing a lawsuit.

Here is an excerpt from the Ambassadors' press release on the lawsuit:

HARLEM AMBASSADORS FILE SUIT AGAINST HARLEM WIZARDS

Complaint against comedy basketball competitor is no laughing matter

* * *
 

The complaint, filed in DuPage County, Illinois Circuit Court, alleges that the Harlem Wizards tortiously interfered with a contractual relationship between the Harlem Ambassadors and a basketball player, LaMarvon Jackson.

“Just like a referee decides who’s playing fair and who’s breaking the rules on the basketball court, we need the court to make a similar determination,” said Dale Moss, President of the Harlem Ambassadors.  He added that “our goal is to protect the sanctity of our performer agreements.”  The Ambassadors are seeking more than $70,000 in general contract and punitive damages.

Both Harlem Ambassadors, Inc. and Harlem Wizards Entertainment Basketball, Inc. are independent professional basketball organizations and neither is affiliated with a league.  “If this were a league matter, the issue is so clear and so simple that a wise commissioner would resolve this in minutes,” observed Moss.

An aside: for law students looking for paper/journal topics, exhibition/comedy basketball could have some fertile legal ground to explore.

UPDATE:  Dale Moss, President of the Harlem Ambassadors, emails me with a "photo of Jackson in Ambassadors uniform, which we will prove is the rightful uniform."  Here it is:

Harvard law School Sports Law Symposium on March 23

I'm looking forward to joining many others for what should be a fantastic symposium at Harvard Law School on Friday, March 23.  Here are the details:

Spring 2012 Sports Law Symposium - Friday, March 23, 2012

Professional Sports in America:

Labor Peace BUT...

Harvard Law School

Friday, March 23, 2012

9:30am-6:00pm

OVERVIEW

Harvard Law School’s Committee on Sports and Entertainment Law will host the 2012 Sports Law Symposium on Friday, March 23, 2012.  CSEL’s 2012 Sports Law Symposium will focus on the legal and business issues surrounding the recent collective bargaining disputes in the three major leagues and the issues that must still be worked out.  The overarching theme of the symposium will be:“Professional Sports in America: Labor Peace BUT...”

The event is free and open to the public.

SYMPOSIUM SCHEDULE

9:00 – 9:30 am	Continental Breakfast	Ames Courtroom
9:30 – 10:45 am	NBA Collective Bargaining Panel	Ames Courtroom
11:00 am – 12:15 pm	NFL Collective Bargaining Panel	Ames Courtroom
12:30 – 1:45 pm	The Concussion Crisis in Professional Sports and Presentation of the Professor Emeritus Paul Weiler Scholarships and Writing Prize	Ames Courtroom
2:00 – 3:15 pm	MLB Collective Bargaining Panel	Ames Courtroom
3:30 – 4:45 pm	Performance Enhancing Drugs Panel	Ames Courtroom
5:00 – 6:00 pm	Keynote Speech	Ames Courtroom
6:15 – 8:00 pm	Symposium Reception	Austin Rotunda

PANEL AND PANELISTS OVERVIEW*

 *Panel Compositions subject to change

KEYNOTE SPEAKER – TBA

PANEL #1 - NBA COLLECTIVE BARGAINING PANEL

This year saw the NBA season cut short by failure to reach agreement on a new Collective Bargaining Agreement between the NBAPA and the League.  While an agreement was reached, labor peace is by no means assured.  With negotiations recently completed in the NFL and upcoming in the MLB, collective bargaining remains an important topic.  With representatives from the NBAPA, the NBA, and third parties, this panel will explore the major bargaining difficulties each party faced, how agreement was finally reached, and what might lie ahead for labor relations in the three major leagues.

• TIME: 9:30-10:45am (Ames Courtroom)
• PANELISTS:
• Moderator: Professor Michael McCann (Professor of Law Vermont Law School, SI.com, NBA TV Legal Analyst)
• Mike Zarren, Esq. (Boston Celtics Assistant General Manager and General Counsel)
• Yared Alula, Esq. (NBAPA Counsel)
• Jeff Mishkin, Esq. (Skadden Arps, former NBA EVP and Chief Legal Officer)
• Darren Heitner, Esq. (Wolfe Law Miami, P.A./CEO Dynasty Dealings, LLC)

PANEL #2 - NFL COLLECTIVE BARGAINING PANEL

Over the course of this past summer, thirty-one NFL team owners and the NFL Players’ Association (NFLPA) agreed to a new 10 year Collective Bargaining Agreement.  This panel endeavors to elucidate the issues regarding rookie and retiree benefits that the new agreement has not sufficiently addressed. In the case of the former, the new wage scale forecloses any possibility of a number 1 draft pick reaching a deal that remotely resembles what Sam Bradford (the number 1 draft pick for the 2010-2011 season) had been able to  secure: a six-year, $78 million deal. In the case of the latter, the settlement of the Carl Eller suit filed by retired players following the adoption of the new agreement has led many retired players to believe that they have been left out in the cold. 

A number of retired players along with draft eligible prospects not covered by the previous CBA, led by former Hall of Famer Carl Eller, had filed a class action antitrust suit against the NFL (Eller v. NFL) on the following grounds:

·       The NFLPA intentionally bargained for terms that contravened the rights of retired players against the NFL; and

·       The NFLPA failed in their “fiduciary duty” to retired players by bargaining for current players’ rights at their expense.

Given that the District Court consolidated the retirees’ class action lawsuit with Brady v NFL, the players’ class action antitrust lawsuit against the NFL following the decertification of the Players’ Association, and the suits were dismissed once the NFL and the NFLPA reached an accord, this issue remains unsettled at this time.   Not only will this panel will discuss the aforementioned open items, this discussion will also look back at the issues that led to the newly adopted CBA.

• TIME: 11:00am-12:15pm (Ames Courtroom)
• PANELISTS:
• Moderator: Professor Glenn Wong (UMass Isenberg School of Management)
• Professor Matt Mitten (Professor of Law Marquette University Law School, Director National Sports Law Institute)
• Professor Patrick Rishe (Forbes.com Contributor, Associate Professor Webster University)
• Jeff Pash, Esq. (EVP and General Counsel NFL)
• Pete Kendall (NFLPA permanent player representative)
• Joe Nahra, Esq. (CAA Bussiness & Legal Affairs Attorney, NFLPA Staff Counsel)

PANEL # 3 - THE CONCUSSION CRISIS IN PROFESSIONAL SPORTS

 The mission of the Sports Legacy Institute is to advance the study, treatment and prevention of the effects of brain trauma in athletes and other at-risk groups.  SLI was founded on June 14, 2007 by Chris Nowinski and Dr. Robert Cantu in reaction to new medical research indicating brain trauma in sports had become a public health crisis.  SLI has formalized groundbreaking neuropathological research by partnering with Boston University School of Medicine to form the Center for the Study of Traumatic Encephalopathy.  SLI Co-Founder and Medical Advisory Board chair Dr. Robert Cantu and other panelists will discuss SLI’s research and address the concussion crisis as it relates to the NHL.  Professor Carfagna will also present Professor Emeritus Paul Weiler Scholarships and Professor Emeritus Paul Weiler Writing Prize at this time. 

• TIME: 12:30-1:45pm (Ames Courtroom)
• PANELISTS:
• Moderator: Professor Peter Carfagna (Lecturer on Law Harvard Law School, Chairman/CEO Magis LLC)
• Tim Fleiszer (Representative Sports Legacy Institute, Partner at Gil Sports Management)
• Mark Moore (Author, Saving the Game)
• Dr. Robert Cantu, MD. (Clinical Professor of Neurosurgery at BUSM, Co-Director of the Center for the Study of Traumatic Encephalopathy, Co-founder and Medical Advisory Board Chairman Sports Legacy Institute)
• Dr. Judith Edersheim, Esq. MD (Assistant Clinical Professor of Psychiatry Harvard Medical School, Co-Director of the Center for Law, Brain and Behavior)

PANEL #4 - MLB COLLECTIVE BARGAINING PANEL

While the NFL and NBA collective bargaining disputes led to litigation and cancelled games, on November 22, 2011 Major League Baseball and the Major League Baseball Players Association announced that they had reached a new collective bargaining agreement without any missed games or practice time.  The agreement allows play to continue without interruption through the 2016 season, and the end of the agreement will mark 21 years without a strike or lockout.  This panel will explore the reasons MLB has been able to maintain labor peace for such an extended period of time and discuss issues that may threaten this peace in the future. 

• TIME: 2:00-3:15pm (Ames Courtroom)
• PANELISTS:
• Moderator: Professor Lisa Masteralexis (Department Head, Mrk H. McCormack Department of Sport Management at UMass Amherst)
• Paul Mifsud, Esq. (Senior Counsel MLB)
• Damon Jones, Esq. (Washington Nationals General Counsel)
• Mary Braza, Esq. (Foley Lardner)
• Matt Nussbaum, Esq. (MLBPA Assistant General Counsel)

PANEL #5 - Performance Enhancing Drugs

Performance Enhancing Drugs have been getting a lot of attention lately throughout professional sports. They caused arguably the biggest scandal in Major League Baseball history and the issue still rears its ugly head every time Hall of Fame ballots are cast. That problem will only grow in significance as the all-time homerun leader and several other top players of the '90s and 2000s approach eligibility. Baseball isn't the only sport that's been rocked by steroids recently, and in every sport dealing with them a similar set of legal and regulatory issues arises: how should the sport regulate their use ex ante? How should the sport's authorities punish those who break the rules? What is the appropriate role of the government, if any? What role should the courts take in hearing suits brought by aggrieved players claiming false accusations or faulty tests? Our panel will explore these issues from the perspectives of several different professional sports and several different positions within the sports world.

• TIME: 3:30-4:45pm (Ames Courtroom)
• PANELISTS:
• Moderator: Professor Warren Zola (Assistant Dean for Graduate Programs, Carroll School of Management at Boston College)
• Bob Arum, Esq. (Founder and CEO Top Rank Promoting)
• Adolpho Birch, Esq. (Sr. Vice President of Law & Labor Policy NFL)
• George Hanna (Senior Director of Investigations MLB)
• Dan Mullin (Vice President and Director MLB Department of Investigations)
• David Cornwell, Esq. (DNK Cornwell)

The "Master of Ceremonies" Matters!

If we ever forget that the Master of Ceremonies (MC or Emcee) has a material impact on an event, we were remind of the importance of the role during the 84th Academy Awards.  Too often those who put on business conferences, trade shows, and conventions fill the spot of Master of Ceremonies with the president of their organization, or a random warm body from their industry to fill the slot.  The result of the wrong MC will undermine the tone of the whole show.

The return of Billy Crystal as the host of the Oscars made this event again enjoyable, following several years of Academy Awards that left television audiences saying "We miss Billy".  Last year's attempt to make the awards more hip by tossing the reigns to the ill-suited co-hosts of Anne Hathaway and James Franco was reason enough for the Academy to call Mr. Crystal back into service.

I have served as Master of Ceremonies for dozens of business events.  It is not an easy job, as you must find a way to relate to the audience, keep the pace of the event running on time, add humor, and handle any unforeseen challenges.... all while not taking the spotlight for yourself.  A keynote speaker gets to be center-stage, but the MC must not steal the show.  

I have recently seen an increase in the number of inquiries for "Professional MC" roles at business conferences.  Savvy meeting planners are aware of how the right person will propel the success of an event.  My "Conference Catalyst Program" lends itself well to being the Master of Ceremonies.  The delivery of the message can be changed from a single keynote to fit the MC role.  A series of vignettes over the course of the multi-day gathering can be weaved into the program and inspire the audience to become more engaged with each other, all while I am doing the work of hosting.

While I am not a comedian like Billy Crystal, I do enjoy the role of Master of Ceremonies.  Watching his style and humor at the Academy Awards was both fun and inspiring.  When I spend time in the study of how great MC's do the job... it makes me better next time.  Just as I review every speaker I see present on a stage, I also watch those who serve as MC.  Sadly, few business events have great examples of MC's, as they are often not given consideration on how their experience can transform an event. 

Never forget.... the Master of Ceremonies Matters!

Have A Great Day

thom singer

Thom Singer is known as "The Conference Catalyst". He works with meeting planners and conference organizers to set the tone for a meeting. His presentations educate, inspire and motivate attendees to engage deeper in the event and make meaningful connections. http://www.conferencecatalyst.com 

Being True

The older I get the more comfortable I am within my own skin. 

Had I been more confident when I was younger I would have probably achieved more in my early career.  It took time to be able to go after my dream.... and while I still have a long way to go, it is good to feel good about my daily pursuits.

Many people never can get past their facade.  They identify themselves by their job title and think their house or other status symbol is who they are in the world. 

Have A Great Day.  

thom singer

Speaking As Part Of Your Career - 3-Hour Workshop (Austin, TX)

SPACE IS LIMITED


Only a few days left. SIGN UP NOW!

Speaking at conferences and other events is a great way to promote your business and yourself. Those who speak (and speak well) are often viewed as the experts on the subjects the present.  With over 20,000 events each day in the United States there is a need for speakers, but people are often puzzled at how to position themselves as someone who can be called upon to speak.

Not everyone wants to be a "professional speaker", but if you are interested in making speaking part of your career, you need to understand who is making the decisions and their motivations for who they put on stage. 

I am hosting this three hour workshop in response to the number of people who ask me about how they can find more speaking opportunities.  Most of these professionals have no desire make speaking the focus of their career, but they do want to let their competitors dominate the agendas at every event they attend.

I am a professional speaker, corporate trainer and consultant who has presented over 300 times at a professional level (including 58 times in 2011).

Learning Objectives:

• Better understanding of speaking skills needed to impact an audience
• How to get invited to speak at local events
• When to ask for money vs. free
• Behind the scenes overview of the business of speaking
• Using social media as part of promoting yourself for speaking opportunities

Friday, March 2, 2012

9:00 AM - NOON.  

Location: near downtown Austin (address will be provided to those who sign up.  Space is limited)

Cost is $225.00.

For more information: (512)970-0398 or thom (at) thomsinger.com

Have A Great Day.

thom singer

Ryan Braun and Proceduralism

Emily Bazelon has an essay at Slate framing the decision overturning Ryan Braun's suspension in the context of the (somewhat unique) U.S. emphasis on procedural rights even in the face of substantive guilt. The media and public discussion of the Braun case in the next few days will illustrate how the public at large internalizes (or doesn't internalize) concerns for procedural justice.

Is Your Users Conference A "Wow" or A "Cow"?

It is common for technology companies (and others) to host an annual client event or "users conference".  These events are a great way to cultivate customer relationships, share information, and build an affinity between clients and the company.  A huge investment of time and money go into planning these gatherings, and yet many can fall short of their potential.

Too often the event is a giant commercial or an ego stroke for senior executives.  While customers attend, the experience is not an "industry happening".   Too often people attend out of obligation instead of a strong desire to be present at the event. (You want people inside your customer's organization fighting to be the ones who get to attend:  "I want to go"...."NO! Send me... I want to go!!!).

As budgets got tighter over the last few years some organizations saw the attendance diminish at their conferences, or they stopped holding their events. Meanwhile, other companies have seen an uptick at there users events during the recession.  

The difference? Is the event a "Wow" or a "Cow"?

Characteristics of an event that is a "Cow":

1. Too much stage time is dedicated to reports about the host company.  While your clients want you to be successful, they are more concerned with their own bottom line.  If you are pontificating about your products, services, or profits..... you lose.  

2. Too long or too short.  Finding the right time frame for a conference schedule is important.  If the event is too short people will gain little ROI from the investment of the time and money needed to travel to the event.  The same is true if the event is too long.  People want content, but they also bore easily.  Planning an event is more than just filling slots, there must be a purpose to the entire schedule.

3.  All content, no style.  Many people argue when planning events for the data that will be delivered to the audience.  They seek smart people who have done cool things to speak, but they put value on the skills necessary to present to an audience.  Just because someone is smart or has done something cool - it does not mean they belong on your stage.  There should not be a discussion of content vs. style... you need both in every presentation.  It is not too much to ask for speakers who will educate and inspire an audience.

Characteristics of an event that is a "Wow":

1.  There are appealing aesthetics in every aspect of the event.  You need to have design elements online, in printed materials (including the name tags), and on-site at the event.  Too often companies throw up a website, print a dull brochure, and have nothing on the stage but a lectern.  We live in a time where everyone expects something more than pipe-in-drape stages, etc....  While these design elements take additional investments, to ignore them means failure.  Blah sucks.

2.  Celebrate the audience, not the host company.  It is clear to everyone when the whole event focused on the attendees (clients).  Make the purpose of networking for those in the audience to meet each other, not for your sales people to corner their clients.  Everyone in the company should be educated about what it means to be the "hosts" of the event, and then everyone (regardless of job title) needs to behave as the "hosts".

3.  Fun.  When people have a good mix of learning and fun they are more likely to come back the following year.  Humans are experiential beings, and when you can create an environment where people share an experience, they will have a better time.  "Wow" events make all aspects of the attendees experience a priory.  A successful "users conference" does not happen by accident.

If you would like to read more.... I have put an 8-page essay "How to Create an Atmosphere for Better Networking" on Slideshare.net.

Have A Great Day.

thom singer

Thom Singer is known as "The Conference Catalyst". He works with meeting planners and conference organizers to set the tone for a meeting. His presentations educate, inspire and motivate attendees to engage deeper in the event and make meaningful connections.  http://www.conferencecatalyst.com 

www.ConferenceCatalyst.com

I’m Begging You for Mercy

As the hit song by Duffy goes:

You got me beggin' you for mercy
Why won't you release me
You got me beggin' you for mercy
Why won't you release me
I said release me

Deep in the middle of the 426 pages that comprise the 2011-12 NCAA Division I Manual is Bylaw 13.1.1.3 entitled “Contacts & Evaluations: Four –Year College Prospective Student-Athletes” which reads:

“An athletics staff member…shall not make contact with the student-athlete of another NCAA collegiate institution…without first obtaining the written permission of the first institution’s athletics director to do so…regardless of who makes the initial contact.”

The result is that while coaches are free to enjoy free agency and jump from school to school at will, a student-athlete needs permission from his or her school’s athletic department before a conversation with another school is allowed.

If the request for contact under Bylaw 13.1.1.3 is granted, the student-athlete may transfer, accept a scholarship, and compete immediately. If the request is denied, the student-athlete is free to transfer to another institution but must do so without any contact with the athletic department or any form of athletic scholarship. After transferring, after one calendar year the student-athlete may accept a scholarship and compete.

Additionally, further restrictions are placed on individuals in the sports of baseball, basketball, football, and men’s ice hockey in Bylaw 14.5.5.2.10 entitled “One-Time Transfer Exception.” Under this rule, even if a student-athlete is granted permission to transfer, they must sit one year before being able to compete in these sports unless granted an additional release from his or her initial institution. Permission is therefore required for an immediate scholarship and the right to compete—the problem is that this permission is often withheld and the process to challenge a denial flawed.

These restrictions are intended to curtail the free movement of student-athletes. Typically, schools allow their student-athletes the ability to compete immediately if the transfer is based on personal hardship (returning home to care for a sick relative) or if the student-athlete has graduated and intends to pursue graduate work at a school that offers graduate coursework in a field that the initial school does not.

The basic concept, rooted deep into the NCAA rules and codified in the National Letter of Intent (NLI) that every student-athlete signs, is that the student commits to an institution not a coach. While coaches may make promises about building something together and partnership for the future with a recruited student-athlete, when recruiting a student-athletes these promises are, under the NCAA rules, unenforceable and irrelevant.

Undoubtedly written by lawyers, there is a semblance of due process in both transfer bylaws which provides a student-athlete, denied the transfer request by his or her institution, the right to a hearing. The rules read, in part, that the student-athlete may be “provided a hearing conducted by an institutional entity or committee outside of the athletic department.”

To summarize: the NCAA rules, written by schools claiming to protect the best interests of student-athletes, allow coaches to move about at will but student-athletes need permission to do so. Certainly schools may limit coaching movement by attempting to enforce employment contracts but there has been limited success in the court system in this regard.

For three recent examples (The University of Maryland, Kansas University, and Saint Joseph's University) along with my recommendations, check out the full article at the Huffington Post.

Why is it so hard for NCAA athletes to transfer?

Warren Zola will have a column on this topic in the coming days, but in the meantime, the New York Times examines NCAA rules for colleges when players seek to be released from their scholarship and transfer schools.  Adam Himmelsbach interviews several people for the story, including yours truly, and it comes in the wake of Danny O'Brien and Todd O'Brien's difficulties in leaving one school to play for another.  Compare how student-athletes looking to transfer are treated with other students who seek transfer from one school to another for academic (or other) reasons.

West Virginia and the Big East Break-Up on Valentine’s Day

Valentine’s Day 2012 marked the end of the twenty-one year relationship between West Virginia University (WVU) and the Big East Conference, and while no love was lost, the parties did manage to reach a settlement agreement. The agreement settled both the lawsuit that WVU filed against the Big East at the end of October 2011 in West Virginia and the Big East’s subsequent countersuit filed against WVU less than a week later in Rhode Island. WVU sued the Big East claiming breach of fiduciary duty and the Conference brought an action claiming that WVU breached its contractual obligations to the Big East.

The settlement agreement enumerates the terms of payments to be made and requirements to be fulfilled by both parties. When WVU announced it was leaving the Big East in October 2011, it initially paid the Big East $2.5 million, only half the amount of the buyout that was stipulated in the Big East bylaws at the time. However, this buyout amount was subsequently raised to $10 million, as the Big East sought to inoculate itself from further conference poaching. The agreement calls for WVU to pay the Big East a lump sum of $8.5 million, much of which will likely come from University donors by way of the WVU Foundation, a private fundraising organization that recently set up a “Big 12 Transition Fund.”

The agreement also provides that a “Forecasted Amount” of $9 million will be forfeited by WVU, with the Big East paying WVU any amount that it is entitled to receive from 2011-2012 Conference revenues beyond that $9 million figure. The settlement also sets forth numerous other terms and conditions, including review and mutual agreement on the terms of a financial reconciliation report to be composed by the Big East at the end of the fiscal year. WVU will be required to pay any additional amounts owed to the Conference to effectuate its full release.

WVU certainly encountered several obstacles on its path to the Big 12, but it will now officially become a member of the Conference as of July 1, 2012 (pending its compliance with the settlement agreement). While this particular suit has been resolved, its precedential effect bears monitoring. Following the settlement, the Big East released a statement that reads, in part, “West Virginia University has acknowledged and agreed that the Court in Monongalia County, West Virginia, will enter a judgment that the Big East Conference Bylaws are valid and enforceable, and will dismiss with prejudice all of West Virginia’s claims against the Conference.”

However, the West Virginia Court only recognized the validity of the bylaws as part of the consent decree it issued as a result of the parties’ settlement. This recognition is not a binding declaration that every provision of the Big East bylaws is valid and enforceable against remaining members. This could leave the Big East vulnerable should another university follow in WVU’s footsteps and challenge the Conference in court. For a conference that has been particularly susceptible to departures during this recent phase of realignment, the financial settlement with West Virginia may prove illusory its ongoing pursuit of stability.

Certainly, Syracuse University and the University of Pittsburgh are watching closely as institutions leaving the Big East for the Atlantic Coast Conference (ACC), but as of now, both the Orange and the Panthers have pledged to wait the full twenty-seven months (pursuant to Big East bylaws) prior to joining the ACC, which would be the 2014-2015 season. While the Big 12 enjoys a greater individual member payout than the ACC (currently, approximately $15 million versus $13 million), the “lame duck” status and monetary gains in a move to the ACC (current Big East payout is approximately $3 million for football members*) may prove too great a temptation for the Mountaineers' former Big East brethren.

*Note that these figures are through 2013, and Big East basketball/non-football schools receive an even smaller television payout, but that this amount will assuredly go up as the market dictates despite the departure of WVU, Syracuse and Pitt.

Hat tip to law clerks Brian Konkel and Gabriela Schultz for their assistance on this piece.

Connecting At Conferences - It Is About More Than Chit-Chat and Social Apps

MPI's One + Blog has an article by David Basler where he asks meeting professionals if they are "designing connectivity or just planning meetings"?

He says:

"Let’s face it, we are no longer just planning meetings. We are designing human connectivity. It will take a combination of art, science and magic to be leaders in our field, but with that recipe we will be creating the best kind of meeting interaction—the kind in which humans truly experience and learn from each other and take away relationships that keep the connection going long after the meeting’s close."

Humans are experiential beings, and when we share an experience with others we have a bond from which we can easily build a real relationship.  Everyone says they want to come to a conference for the "networking opportunities", but once they arrive they do not do the things necessary to start to forge meaningful connections. They hang out with their co-workers or hide behind their technology. 

After the conference they do little to follow up.  They are ships that pass in the night with those they encounter at events.

Conference networking is about more than just trading business cards or creating social media links. Too often the schedule has "networking" built in, but there is nothing in the culture of the conference that really gets people to meet and explore in conversations.

Industry expert and MPI Board Member Kyle Hillman added a comment on the MPI blog that said:

"Our attempts to force meaningful connections in the event industry revolve around either the "if you build it, they will network" model or the "throw more technology out there" model. Neither is effective..."

Kyle is right.  Creating a networking culture at an event does not happen by accident and the addition of cool tech tools often is not the answer.  Technology can help, but alone it cannot reach the human-to-human level of a establishing "feelings" about other people.  We desire to "know, like and trust" others, but over the past few years we have allowed the definition of "know" to morph into something superficial.

It takes risks and creativity from the organizers, attendees, vendors, and speakers to place attention of the whole group onto the people and their experiences at the event. This can be difficult as it removes many elements of control from those who are accustomed to being in charge.

Recently I blogged about the importance of "hallway conversations" as a part of the learning objectives at a meeting.  People often say the best part of attending a meeting is the conversation they had in the hallway, but too many folks do not understand how to begin a dialog with strangers.  The discussions with other attendees is an important part of the learning that takes place, but organizers too often leave it to chance.  Each breakout session must have "learning objectives", but the hallway time does not get the same attention.

My "Conference Catalyst Program" is one way to cultivate a connection culture, but I cannot expect every meeting planner to select me as the right option for their audience (it would be nice!).  Yet event without an official "catalyst", there still needs to be actions taken up-front to encourage people to go beyond idle chit-chat to get to really understand one another.  A conference is a mini-society, but there is not nearly enough time over a few days to leave the culture to chance.  Hoping and wishing that the sparks of connections will fly at your conference is not the best strategy and it is not the way "change agents" make things happen.

I spoke to a meeting professional who told me she agreed with designing connectivity in principle, but "was not ready to try anything new" at their organization's summer conference.  Will she be ready next summer?  Maybe the summer after that?  The time is now to take action.

Have A Great Day.

thom singer

Thom Singer is known as "The Conference Catalyst". He works with meeting planners and conference organizers to set the tone for a meeting. His presentations educate, inspire and motivate attendees to engage deeper in the event and make meaningful connections.  http://www.conferencecatalyst.com 

www.ConferenceCatalyst.com

Cardozo Law Symposium: Amateur Athletics, Professional IP: Sponsorship, Surveillance, and the London 2012 Olympics

On Thursday,  March 8 the Cardozo Journal of International and Comparative Law will host a symposium titled Amateur Athletics, Professional IP: Sponsorship, Surveillance, and the London 2012 Olympics. Anyone can attend this free symposium (and if you plan on attending, please be sure to RSVP to the Symposium Editor, Wells Crandall, at richard.crandall@law.cardozo.yu.edu by March 4).  Attorneys will receive 1.5 hours of transitional/nontransitional professional practice CLE for each session they attend. 

I'm honored to be a panelist.  Here is the schedule:

8:30 AM - 9:00 AM - Breakfast

9:00 AM - 10:30 AM - Panel on surveillance at the Olympics

• Michael Drury, of Burton Copeland.  Mr. Drury is a barrister in England who works on surveillance law.  His prior post was General Counsel to the GCHQ, which stands for "Government Communications Headquarters," which is an intelligence agency in the U.K., and is akin to the NSA. 

• Pete Fussey, Sociologist and Criminologist.  He wrote "Securing and Sustaining the Olympic Games." He has in depth knowledge of the surveillance developments in Britain and how Britain has developed quite a bit of surveillance.  

10:30 AM - 10:45 AM - Break, snacks provided

10:45 AM - 12:15 PM - Panel on brand protection at the Olympics

• Michael Kuh, associate at Latham and Watkins, who was on the Legal Advisory Group for New York's bid to the International Olympic Committee.  More recently, he worked on USA bid to host the 2022 World Cup.    

• Michael McCann, Sports Law Institute director at Vermont Law School and Legal Analyst at Sports Illustrated.  He wrote As Super Bowl week commences, NFL's clean zones still an issue for Sports Illustrated last month and is an expert on consumer, antitrust and sports law issues.

• Ben Sturner, CEO of the Leverage Agency.  He is a sports marketing agent who has 11 agents working for him.  His business is marketing brands during sports events.  He has attended six Olympics in a work capacity.  Notably, he was involved with attempting to sell the naming rights to the "Bird's Nest" in Beijing (see WSJ article here). 

12:15 PM - 1:15 PM - Lunch

Asking Better Questions

I was inspired by a post by Joan Eisenstodt on the "Meetings Focus Blog" about asking better questions.

The article was focused on asking better questions for selecting venues or other vendors in the meetings industry, but her point is universal.  People often ask vague questions with the hope of specific answers.  

On the flip side, those answering are just as guilty, as when we hear a question and do not seek clarification on the detailed needs of the person doing the asking, what use is our off-the-cuff response?.

Our society has become very superficial and there is always a rush to take action and make decisions (in what to ask, how to answer, forming opinions, etc....). Joan's thoughts in this post are correct about the need for including specifics up front (at the initial question) or an answer without any meat will follow.  

Additionally we should all learn dig deeper before projecting our answers.  Without really knowing all the details, our opinions can be useless.  We all encounter people who believe they are providing value to others, but are really just spewing useless information because they do not understand the big picture.

Taking just a few minutes to clarify a question, or to seek more facts before answering could make for better communications.

Have A Great Day.

thom singer

UC Davis School of Law to host Scott Boras

UC Davis School of Law’s Entertainment and Sports Law Society presents “Negotiating the Largest Contracts in Sports History” with Professional Baseball Attorney Scott Boras on Monday, February 27 from 3:30pm – 4:30pm at the UC Davis ARC Ballroom.

Named the “Most Influential Non-Player in the Last 25 Years” by Baseball America, Mr. Boras has negotiated many record-setting Major League Baseball contracts since 1982. Many of his former and current clients, including Alex Rodriguez, Barry Bonds, Barry Zito, Prince Fielder, Manny Ramirez, Greg Maddux, Mark Teixeira, Matt Holiday, Jason Werth, and Carlos Beltran are among the highest paid in the game. Do not miss this once in a lifetime opportunity to hear directly from one of the most powerful and innovative people in the world of professional sports.

Admission is free and open to the public. A brief Q&A session will follow the event. To RSVP and for more information, please visit this link.  

A higher-profile fan ejection

Deadspin reports  that former NBA and North Carolina State star Tom Gugliotta was ejected from his courtside seats during today's N.C. State loss to Florida State. The piece links to several of my past posts on cheering speech (Sports Law Blog gets results!). N.C. State is a public school, although I am not sure of the status of the off-campus RBC Center in which the Wolfpack plays (the piece describes it as a public corporation, although I'm not sure what that means).

Since ejecting a former NBA star and one of the better players in State's history is going to get more attention than ejecting a snotty 20-year-old undergrad, it will be interesting to see if and how this plays out.

Google+ Conference - 3 Tips For Presenting Live and Online

Today I presented at ProductCamp 8 in Austin.  While I speak to conferences often, this was the first time I had ever presented live to an audience and simultaneously presented live via Google+ Hangouts.  The Austin Google team partnered with ProductCamp and broadcast several of the presentations at the event, and it was a great addition to the event..

I did not know in advance that I would be speaking live to the group and to the world via Google+, but I know that "the show must go on", and I adapted to the online audience.

This brings up an interesting new issue in the world of speaking.... How do you manage a live audience and an online audience at the same time?

1.  Do not ignore the online attendees.  I have watched other streamed conferences where the speakers roam around and leave the range of the camera (or getting so far out that the camera films their back), thus making it a less than ideal experience for those watching remotely.  I am one who moves around a lot when I speak.  I try to utilize the whole stage, and connect closely with the people in the room.  However, in my presentation at ProductCamp I had to improvise my style and keep a balance between the needs of both audiences.

2.  Repeat all questions.  My talk was conversational, and once the audience began asking questions and sharing their stories, they did not stop.  I left my outline behind and went where the live audience wanted to go on the topic.  I needed to repeat the gist of their input directly to the Google+ audience to ensure they would be kept involved in the discussion.  When speakers do not do this it can leave an online audience feeling left out if they cannot hear the outside questions and comments.

3.  Talk directly to the camera.  When you are addressing the online audience look into the camera lens.  Often in all types of video conferences people look at the picture on their screen that is of the people watching them, but to the viewer it can appear that you are looking down, away, or off the the side (depending on the placement of the monitor and camera).  Eye contact with your live audience is very important, but it is just as important to those online.  With a mix of participants both live and on Google+ it was important to transition my conversation to the room and the camera.

I am confident that this will not be the last time that I will be asked to present in this manner.  The focus of meetings industry professionals is heavily leaning toward "high-bred meetings" (events with both live and online audiences).  I expect this will become the normal and not an exception.  All speakers need to become familiar with presenting online, and fine tune their skills to address dual audiences.  Those who cannot make this transition will be out of touch with the needs of conference planners who are experimenting with more ways to engage the internet audience.

Have A Great Day.

thom singer

Thom Singer is known as "The Conference Catalyst". He works with meeting planners and conference organizers to set the tone for a meeting. His presentations educate, inspire and motivate attendees to engage deeper in the event and make meaningful connections. http://www.conferencecatalyst.com 

The State of Sports Law - University of Virginia School of Law

The University of Virginia School of Law is pleased to present a symposium on the current state of sports law, hosted by the Virginia Sports and Entertainment Law Journal and the Virginia Sports Law Society. The event takes place on March 16, 2012 from 8:00AM to 5:00PM. Complete details can be found here. An overview of the panels (and keynote speaker) is below:

Panel 1: NCAA Conference Realignment

As NCAA conferences realign in pursuit of the funding bonanza available from television contracts, the potential gap between the "haves" and the "have nots" continues to grow. This panel discusses the competitive impact that this discrepancy may have on those colleges and universities that are not invited to join the "super conferences." This panel explores the antitrust concerns that may arise and examines the role of Congress and the NCAA in regulating the conferences.

Panelists:

· Christian Dennie, Barlow Garsek & Simon

· Michael McCann ('02), Professor and Director of the Sports Law Institute, Vermont Law School

· Bernadette McGlade, Atlantic 10 Conference Commissioner

· Moderated by J. Gordon Hylton ('77), Professor of Law, Marquette University Law School

Panel 2: Legal Implications of Financial Distress in Professional Sports

As professional sports teams encounter financial hardship, conflicts in control arise. This panel explores the level of oversight that bankruptcy courts have over professional teams in the midst of financial distress and how that oversight may conflict with the power of commissioners to regulate the sport. Financial distress may lead the team to seek relocation. This panel examines the use of antitrust laws to secure the ability to relocate a franchise over league objection and the potential for expansion in the major sports leagues.

Panelists:

· Mark Levinstein, Williams & Connolly

· Michael McCann ('02), Professor and Director of the Sports Law Institute, Vermont Law School

· Tom Ostertag ('81), Senior Vice President and General Counsel, Major League Baseball

· Moderated by J. Gordon Hylton ('77), Professor of Law, Marquette University Law School

Keynote Address: DeMaurice Smith

DeMaurice Smith ('89), Executive Director of the National Football League Players Association, will offer his insider's view of the NFL's 2011 lockout. He will focus on the labor and legal issues surrounding the negotiation of the new ten-year Collective Bargaining Agreement with the League.

Panel 3: Amateurism and the Student Athlete

Student athletes generate billions of dollars in revenues for their colleges and universities yet they share minimally in the financial spoils. Is this a wrong to be righted and if so, how? This panel debates the role of the student athlete as an amateur or an employee and the ramifications of the designation. This panel explores whether the student athlete should be compensated and whether an education is adequate consideration for the revenue he or she helps to generate. Also, this panel examines who controls the revenue stream and what role the student athlete should have in that determination.

Panelists:

· Christian Dennie, Barlow Garsek & Simon

· Roscoe Howard ('77), Andrews Kurth and Member of the NCAA Division I Committee on Infractions

· J. Gordon Hylton ('77), Professor of Law, Marquette University Law School

· Alan Milstein, Sherman Silverstein

· Rob Slavis, Assistant Athletic Director, University of Virginia

· Moderated by Michael McCann ('02), Professor and Director of the Sports Law Institute, Vermont Law School

 
Panel 4: Sports Law Analytics

As popularized in Michael Lewis’s best-selling book Moneyball and a 2011 Hollywood movie of the same name, the sports industry has firmly embraced the use of statistics, economics, and mathematics (collectively “analytics”) in various decision-making processes. Such analytics have similarly been adopted in the sports law field. This panel discusses how analytics are used in areas such as talent identification, contract negotiation, gambling corruption prevention, and antitrust litigation

Panelists:

· Robert Forbes ('07), Proskauer Rose

· Ryan Rodenberg, Professor, Florida State University

· Kelly Wilson, Assistant Counsel, Under Armour

· Moderated by Thomas Nachbar, Professor of Law, University of Virginia School of Law