Thursday, May 31, 2012
2012 ACG Central Texas Corporate Growth Awards
Wednesday, May 30, 2012
Why did Vilma not sue the NFL?
But I now want to pose a different question: Why did Vilma sue only Goodell and not the NFL on a respondeat superior theory? The answer depends on two questions that I hope people can answer.
One possibility is that the NFL is a party to the CBA (Goodell is not), so suing the other contracting party makes the possible labor preemption more obvious. Is that possible?
A second possibility is that Vilma wants to be in federal court and was worried that the NFL might somehow destroy complete diversity and thus federal jurisdiction. That explanation depends on my second question: What is the precise organizational status of the National Football League? Is that an independent entity and, if so, what is its form and make-up? Or is it owned by some other entity and, if so, what is the form and make-up of that entity? While the league has its offices in New York, that only matters if it is a corporation; if it is a partnership or a limited liability company, its citizenship is based on the citizenship of all of its partners or members. And if some of those are from Florida (Vilma's home state), this case cannot be in federal court. So who, exactly, does Goodell work for and what is its nature and structure?
Update: Tom's comment gets us part way there, but only part way. A partnership's citizenship is determined by the citizenship of every partner. So we need to know about all the general and limited partner of Miami Dolphins Ltd. The general partner is "South Florida Football Associates LLC," which is headquartered in New York. Its managing member is Stephen Ross. Is Ross a Florida citizen? According to Wikipedia, he resides in New York. Of course, there also are the famous limited partners that Ross brought on, such as Gloria and Emilio Estefan, Marc Anthony, and the Williams sisters. Gloria for sure is a Florida citizen. Not sure if she and the others are partners in the partnership or members of the LLC. But either way, they make Miami Dolphins Ltd. a Florida citizen which makes the NFL a Florida citizen. So suing the NFL probably would have destroyed diversity and Vilma wanted to be in federal court. Of course, that is surprising, given the "local bias" rationales underlying diversity jurisdiction. I would have expected Vilma to want to be in state court in Louisiana.
Tuesday, May 29, 2012
The Discovery Process, Internal Investigations and Jonathan Vilma's lawsuit
The NFL likely worries that if a judge orders pretrial discovery, the league would have to reveal its informants, which could undermine the NFL's investigation and provoke other suspended players and coaches to challenge the commissioner. Keep in mind, informants talking to league investigators are not under oath, and can lie—including to protect themselves—without legal repercussion.To read the rest, click here.
8 Tips for Better Virtual Presentations
Presentation skills are important for a successful career. You are always judged by how you speak and share ideas. Being able to clearly and concisely get your point across with confidence is necessary if you want to be viewed as an expert.
Knowing how to present is critical no matter if you have five minutes or forty-five minutes. Do not assume that a short talk on a call is less important. You need to plan for all presentations... even those that are impromptu.
5. Smile. There have been studies done with telemarketers, and those who smile while they talk are more connective to the people on the other end of the phone. I do not know why, but your smile comes through in your voice. Telemarketing firms actually put mirrors in the cubicles so that those making calls can see themselves smile.
8. Do not dress like a slob. This one is for webinars. If the camera is on you, do not show up looking like a mess. Even if your company is "casual", if you work from home and look like you have not showered in days, it will distract from your presentation.
In our ever-changing business world we are all going to have more opportunities to present in a virtual manner. Do not overlook the power of how you present, be it in person, on the phone, or web. You are judged by how you communicate. Take the virtual presentations seriously and you will find more opportunities!
Have A Great Day.
thom singer
*** I now teach a corporate seminar for groups of 10 or more employees on how to communicate in virtual meetings. For more information contact me at 512-970-0398.
Today in Sports Law History
For analysis of the Supreme Court's decision in Federal Baseball, check out Kevin McDonald's 1998 article from the Journal of Supreme Court History, "Antitrust and Baseball: Stealing Holmes," as well as Justice Alito's 2008 commentary considering the case (also published in the Journal of Supreme Court History), along with the thoughts of Sports Law Blog's Ed Edmonds. Meanwhile, for more on the Federal League generally, be sure to read Daniel Levitt's excellent, recently-released history, The Battle that Forged Modern Baseball: The Federal League Challenge and Its Legacy.
Monday, May 28, 2012
Bioethics Panel: A Legal, Medical and Theological Perspective

- Should parents be able to"select" certain genes for their children so their kids have the greatest chance of becoming pro athletes?
- Should athletes be able to undergo gene therapy for rehabilitation of injury or enhancement of natural ability (was Bartolo Colon's stem cell treatment a sign of things to come)?
- Should bioethics matters be regulated by collective bargaining agreements, or should federal or state governments not allow players' associations and owners to agree to certain possibilities?
I'll be in attendance and am looking forward to hearing from some of best bioethicists around. Here is more information - hope you too consider attending:
Bioethics: A Legal, Medical and Theological Perspective
Hear from a wide range of experts
Our panelists will include doctors, clergy, academics and lawyers. Explore with them as they reflect, analyze and dialogue about:
- Bioethics – its meaning and sources
- Key documents that underlie bioethical decision-making
- Doctor/patient relationships and quality of care
- Public health issues and the role of physicians in state actions
- Reproductive rights and issues
- Organ transplants
- Death and dying
- Human subject research
- Eugenics, cloning and embryonic stem cell research
Come to investigate the current ethical issues
If you’re coming for answers, then this may not be the seminar for you. But if you’re coming to investigate current ethical issues and probe into the questions and dilemmas they pose for you, your clients, families, hospitals, governments and civilizations, then you’ll enjoy this program.
Leave with an understanding of why even well-informed people reasonably disagree about how to apply bioethics
Course Planner: Alan C. Milstein, Esq.
Faculty:
Location | Start Time | End Time | |
| Mon, 12:30P Jul 23, 2012 | Mon, 3:45P Jul 23, 2012 | |
To Heck With New Years Resolutions - Set Clear Goals Every Month!
There are mixed opinions on the practice of setting annual goals or creating "New Year's Resolutions". Some people achieve great results from mapping out a plan for their year, others feel that it is a recipe for failure.
I have long been a goal setter and each January I come up with a list of targets and a theme for areas of improvement for the year. Sometimes I have meet my goals, other years I have come up short. Either way, I find the process of creating targets and using them to assist in my decision making process over 12 months has helped me advance my career.
The problem for many is that the new year only comes once. If you fail to coordinate a realistic and actionable plan by the first few weeks of the year, the odds are that you will not do it at all. Plus, the best conceived plans can easily get derailed by the realities of life (we all get busy). Far too often when little gets accomplished, the whole plan is abandoned by Memorial Day. I am writing this post with five months of 2012 already behind us, and many I talk with feel they have been working hard, but they have not capitalized on all their opportunities. Time is slipping past.
I am also finding that everyone, including myself, is falling prey to shorter attention spans. A year just seems so long, who can pay attention in January to results for December?
I have begun working with select coaching and consulting clients on creating more short term goal plans (for an individual or company), and then helping them have a laser focus on taking action. With a whole year to get the ball rolling, it is easy to procrastinate. With only a few weeks, there is only now. Success or failure depends on today.
The "New Month Resolution" is a term some use to describe this process. The purpose is to create one or two intense goals that require immediate action and can be accomplished in 30 days. Think of it as the "Twitter of Goal Setting" (short bursts of goals). Much like Twitter limits the user to 140 characters, this process limits the goal setter to two things they must do by the end of the month. Yes, other things can be accomplished, but these two goals are a defined priority.
Most people struggle at first to figure out what they should select as a month goal, but after the first month or two it becomes simple to identify what needs to be accomplished to see meaningful results. Sales professionals often need to set goal on making calls to more prospects, as this is the life blood to their success, but easily skipped when busywork is created. Entrepreneurs tell me it is the marketing and branding activities they need help getting done. Attorneys find it is their networking and reputation building that gets forgotten when they are serving existing clients.
Ask yourself these questions:
1. What do I know I should be doing that I never seem to get done?
2. Why am I not doing the things that will help me succeed?
3. If I did this, what would be the short and long term results?
4. What are the obstacles, real or imagined, that are in my way?
5. Can I get this done in 30 days? If not, what part can I get done in 30 days?
6. Do I really want the success?
7. Will I take action, or is this just a dumb exercise?
To be successful you must have an accountability partner. This can be your paid business coach, consultant, mentor, friend or co-worker, but the person must be reported to regularly and they cannot let you slide for lack of action.
Try it for the month of June. What are two things you know you should do to get closer to your own long term success, but never seem to take action? Get a coach or friend to help you define the actions needed, and then get rid of all the excuses. Take action. June 30th will be here fast. No time to dilly dally.
Have A Great Day.
thom singer
Sunday, May 27, 2012
Stay You
The Holiday Inn hotel chain is running a national advertising campaign with the slogan "Stay You" (playing off the word "stay" as meaning both remaining and as a hotel visit). This blog post has nothing to do with the pros or cons of choosing your lodging..... but we all need the reminder from time to time of "be TRUE to yourself".
"Staying you" is important, and there is often a lot of pressure to the contrary. In my profession as a motivational and educational speaker and trainer I often see many of my peers who build their presentations around a "SCHTICK", or preach values they do not live by on a day to day basis. Many are proud of the personas and gimmicks they wear like a costume when doing their jobs. They are being actors, not speakers.
The best compliment I ever received was from a friend who saw me present at a conference. After the speech he walked up and said "wow, you have created a job where you just get to stand up and be 'Thom'". He had known me for a long time and felt that my style was authentic to my soul. His words have stayed with me for years as I have expanded and grown my business.... I try to make sure I stay "me".
In all professions people feel the need to forward a facade. But there is no reason for not being true to yourself. Most of the successful people I know are very comfortable in their own skin. They are confident in their experience, beliefs and abilities. The best among us are often aware of their faults and are not trying to disguise their short-comings.
Take a minute to think about this post and share it with others. Are you staying you?
Have A Great Day.
thom singer
Saturday, May 26, 2012
Preliminary Thoughts on the NFL Collusion Lawsuit

Michael McCann has already shared his thoughts on the lawsuit in his recent column for Sports Illustrated. However, having written two law review articles on Major League Baseball's history of collusion (see here and here), I wanted to add a few points of importance:
1. The Recent Football Case is a Labor Case, Not an Antitrust Case: Generally when we think about collusion in professional sports, we think about violations of Section 1 of the Sherman Act, which states that "[e]very contract, combination ... or conspiracy, in the restraint of trade or commerce ... is declared to be illegal." However, the recent lawsuit filed by the NFL Players Association is not based on Section 1 of the Sherman Act. Rather, it is filed under labor law, and argues that the NFL teams violated three distinct provisions of their last collective bargaining agreement that relate specifically to disallowing collusion. These provisions include:
- Article XIII(a) (Anti-Collusion): "No Club, its employees, or agents, shall enter into any agreement express or implied, with the NFL or any other Club .... to restrict or limit individual Club decision-making [with regards to] whether or not to negotiate with a player."
- Article XV, Sect. 2: "Neither the parties hereto, nor any Club or player shall enter into an agreement .... to serve the purpose of defeating or circumventing the intention of the parties reflected by [aspects of the agreement related to] Total Revenues, Salary Cap, Entering Player Pool, and Minimum Team Salary ..."
- Article XIX, Sect. 6: "Defendants ... each pledge their best efforts and cooperation ... to implement the provisions of the [collective bargaining agreement] in a manner consistent with good faith and fair dealing."
3. Nevertheless, the NFLPA Claims are Not Identical to Baseball Collusion in the 1980s: Yet, there are at least three important differences between the Football Collusion claims filed this week and the Baseball claims from the 1980s. First, the baseball cases alleged salary suppression on the individual level, whereas the NFL Players Association alleges salary suppression on the team-wide level. In addition, in the baseball cases of the 1980s all teams to some extent participated in the conspiracy (the only team in doubt was the New York Yankees that made a contract offer to White Sox catcher Carlton Fisk); whereas the National Football Players Association alleges in its claim that "the Redskins, Cowboys, Raiders and Saints .... refused, at least to some extent to abide by their collusive conspiracy." Finally, whereas the Major League Baseball collusion cases were decided upon by an arbitrator, the National Football League Players Association has filed its claim in federal court.
4. For the NFL Players, Proving a Conspiracy will be the Biggest Challenge: Most likely, the most difficult part of this case for the NFLPA will be proving that there really was a conspiracy among the NFL teams to enforce a secret salary cap. Presuming a court adopts antitrust law's standard of proving an agreement (even though this is technically not an antitrust case), the NFL Players would have to show sufficient facts to exclude the possibility that defendants were acting independently or in a consciously parallel manner. To prove such an agreement, the NFL Players would not necessarily need a "smoking gun" memo, such as the one that Major League Baseball's Director of the Player Relations Leland S. MacPhail distributed during baseball's 1985 off-season that encouraged teams to “exercise more self-discipline in making their operating decisions and to resist the temptation to give in to the unreasonable demands of ... players." But the NFL Players would still need evidence -- either through documents, testimony or evidence of radical departure from past behavior -- that the NFL teams (or at least 28 of the NFL teams) had a "meeting of the minds" or a "unity of purpose" in refusing to exceed a purported salary cap.
5. Mike Florio's Use of a Confidential Source in his March 12 Article Might Cause Chaos: Finally, although most evidence of collusion emerges in the discovery process of a claim, the NFL Players' initial complaint cites three public statements that they believe help to show collusion. Two of these statements are made by NY Giants owner John Mara and refer to the lack of 2010 salary cap as a "loophole" that has come up several times in owners' meetings. Meanwhile, the third statement comes from Mike Florio's Pro Football Talk website (owned by NBC Sports) in which he cites "a source with knowledge of the situation" as saying that NFL teams were told “at least six times” during ownership meetings that taking advantage of the lack of the salary cap would lead to “serious consequences.” The nature of Florio's source here is critically important; however, he refuses to divulge his source's identity. If the case moves forward, I would fully expect both Florio and NBC Sports to receive a subpoena from the NFL Players Association seeking disclosure of this secret source.
_____________________________________________________________________________
As the White v. National Football League case progresses, I will continue to share my thoughts on Sports Law Blog. You can also follow me via Twitter at MarcEdelman. (Note: this post has been cross-posted on Above the Law).
Law Firm Partner Retreat Speaker
If your law firms is seeking an educational and motivational speaker who will inspire your team and create meaningful conversation on how to navigate growth in your business community.... look no further.
My experience in business, marketing, coaching and consulting includes considerable time working with attorneys. I worked inside two AM LAW 100 firms in marketing and business development roles, and since launching my consulting and speaking business I have worked with hundreds of lawyers.
Law schools do not teach basic business skills, causing many to mistakenly assume that marketing is not important to a successful practice. Understanding how to create a personal brand, network, sell their services, and present themselves to the community can seem "easy", but are frustrating to many lawyers who would prefer to do good work and serve interesting clients.
I will engage the partners and associates in your firm in a way that many have never experienced. Challenging how they have looked at the power of business relationships, I will leave them better situated to grow their reputation and discover more business opportunities.
More information at www.ThomSinger.com. (512) 970-0398. thom (at) thomsinger.com.
Have A Great Day.
thom singer
Friday, May 25, 2012
VADA Mess!
Cool Things My Friends Do - Chad Goldwasser's "Rock 'n' Restock" Benefit Concert
Chad Goldwasser and Goldwasser Real Estate are hosting the 9th Annual "Rock 'n' Restock" Concert (Benefiting the Capital Area Food Bank) on Friday, June 22, 2012. (7Pm at the Zilker Clubhouse in Austin, Texas).
Wednesday, May 23, 2012
NFLPA sues NFL for Collusion
Tuesday, May 22, 2012
Impact of Brian McNamee's Testimony on U.S. v. Roger Clemens
Conferences Deserve New Ideas - 6 Ways To Put A Spark Into Your Next Event
7. Give people something extra. If you tell them there will be six ideas, make it seven. People love a bonus, and when your event delivers more than they expected they will feel great about it!
![]() |
www.ConferenceCatalyst.com |
Monday, May 21, 2012
The Year in Review: College Sports Reform Reaches the Tipping Point
Sunday, May 20, 2012
Book For Graduates - FREE ON KINDLE THIS WEEK
The book is a perfect for anyone who is about to graduate from college (or recently graduated in the past few years), as networking skills are essential over a lifetime. The job market is still tight and recent grads are concerned with finding their first job or making a move to a more fulfilling career.
If you have a Kindle, jump over to Amazon.com and get this book (and enjoy reading it!!!). If you know any college students, new grads, or others.... send them the link!!!
Parents with recent grads should definitely want their kids to read this book!
Everyone likes FREE STUFF -- Especially when it is this book!!!
Have A Great Day.
thom singer
Saturday, May 19, 2012
2nd Annual Sports Law for Rookies and Veterans

You are invited to the 2nd Annual Sports Law for Rookies and Veterans on June 14, 2012 at the Minneapolis Club in Minneapolis. This premier sports law seminar includes the following confirmed speakers: NFL sports agents Drew and Jason Rosenhaus, Minnesota Vikings CAO and General Counsel Kevin Warren, Minnesota Timberwolves CMO Ted Johnson, former Minnesota Wild GM and current hockey agent Tom Lynn, MLB agent Charisse Dash, the Honorable David Doty, who presided over every major sports labor dispute over the last 25 years, numerous inside and outside sports lawyers, media professionals, law professors and sport franchise executives. In addition, Ross Bernstein, best selling author of over 50 sports books, will give his signature presentation on "The Champion’s Code." The current agenda with confirmed speakers is at http://www.hinshawlaw.com/2nd-
This interesting and compelling seminar will be submitted for 8 continuing legal education credits in the jurisdiction of all attendees, and includes 1 ethics credit and 1 elimination of bias (diversity) credit. The cost of the seminar is only $199.00 and includes breakfast and lunch. Employees of professional sports franchises or university athletic departments can attend without charge. Anyone who works directly or indirectly with sports teams or professionals or is interested in sports law should attend this event. You should be able to follow the attached link on the PDF to sign up or you can follow the link on the event page of our firm website at http://www.hinshawlaw.com/2nd-
Please direct any registration issues to Marie Pocock at mpocock@hinshawlaw.com and contact me or Steve Silton at ssilton@hinshawlaw.com with any questions regarding the seminar.
Facebook Is A Tool (But How Long Until It Is Yesterday's News?)
Facebook went public on May 18, 2012 (Yesterday).
Mark Zuckerberg and others with stock options certainly had a life changing event, but overall nothing changed for most of the world. Yes, his company has had a huge impact over the past few years, but where will it find itself in when this week is in the history books?
In our social media crazy world the tools are changing all the time. Today Facebook is on top, but will they remain a leader or will some other entrepreneurs come up with a new-new thing that will make us forget Facebook? When Netscape went public in 1995 it set off the boom that changed Silicon Valley and made the internet a household utility, but it did not last forever (not long at all in the big picture).
Our society loves social media tools, and Facebook is one of the leaders. But social media does not replace or recreate human-to-human relationships. It is simply a tool. New tools are always being created and those that make it big eventually become common place or are replaced. It was only 110 years ago (barely more than a single lifetime) man learned to fly. Now we hardly see airplanes as revolutionary technology. I was on four planes this week alone. Before airplanes we took trains. I have not been on a train since I was a kid.
People need people, not digital links. While we are spending a lot of time lusting after the newest apps, there are people around us who could bring real opportunities. But we ignore them and instead check Facebook on our smartphone. This is true everywhere that people gather. The "Phone Zombies" walk the streets, offices and convention hallways oblivious to what could come from face-to-face conversations. We are so into what is happening somewhere else, we do now pay attention to what is happening around us.
I predict that some enterprising Generation Y entrepreneur will create a movement toward noticing the people who are in the same room. We call it "networking" or "connecting" in today's language, but this guru of human interaction will give it a new name and the masses will embrace it as if meaningful conversations were revolutionary. The pendulum will swing back and we will once again have discussions that do not use digital tools.
This does not mean we will discard social media. It will simply take its place as a tool we use to advance relationships.
People matter, and we can link to strangers all day long,.... but it is those with whom we really create mutually beneficial and long term personal relationships that we will remember on our deathbed. I do not imagine anyone reaching the end of their life asking to to scroll their Facebook status update stream one more time.
What do you think?
Have a great day.
thom singer
Friday, May 18, 2012
Cool Things My Friends Do - "You According To Them" - A New Book by Sara Canaday
Congratulations to my friend Sara Canaday who is releasing her first book this month!!!
"You According To Them: Uncovering the blind spots that impact your reputation and career" is a guide for those who seek to navigate their path toward more success in their career.
Sara is a corporate trainer, consultant, professional speaker, and career coach. She is also the president of the Austin Chapter of the National Speakers Association. I have had the pleasure to know her for several years, and I am very excited to see her complete this project.
Thursday, May 17, 2012
Thoughts on Vilma v. Goodell: Personal Jurisdiction and Sports
Vilma sued in Louisiana, where he works but does not live, over comments that Goodell made in several press releases written and issued in New York about the bounty program, which largely took place or came out of Louisiana, statements that Goodell intended and expected to be disseminated publicly and, presumably, nationally. In Clemens, Clemens sued McNamee in Texas over statements McNamee made to the Mitchell Commission and Sports Illustrated in New York about conduct occurring in New York and Toronto. The Fifth Circuit (which also includes Louisiana) held there was no personal jurisdiction over McNamee because he did not target his statements at Texas. He was speaking in New York about non-Texas events and had no control over where the statements ultimately were disseminated. The majority never really considered whether he knew or intended his statements would be published in Texas.
If Goodell does challenge jurisdiction, Vilma must overcome Clemens. A few distinctions leap out, suggesting there is jurisdiction here, accepting the facts in the complaint as true. First, Goodell's statements, although made in New York, concern conduct occurring in Louisiana, so his statements were "directed" at Louisiana more than McNamee's were at Texas. Second, it could be argued that Goodell was more in control of the ultimate dissemination of his statements (since he knows national media, including media in Louisiana, will report his every word) than McNamee was in talking to a reporter from Sports Illustrated. Third, the lawsuit targets not only Goodell's press releases, but also reports he sent to all 32 teams about the investigation and findings; one of the teams to receive that report, of course, is the Saints, in Louisiana. Goodell had more affirmative control over the publication of his comments, including their entering the forum state.
Still, it is another nice Civ Pro hypo jumping from the world of sport.
New Sports Illustrated column: Jonathan Vilma v. Roger Goodell

Here's an excerpt:
The league's best argument may be the simplest: truth is an absolute defense to defamation. The problem for the league in making such an argument is that, through the discovery process, it would likely have to disclose information it does not want to reveal. For instance, the league may have to divulge it's sources of information, including the identities of players and coaches who were informants. The backlash of such disclosures could be considerable. Moreover, much like the Mitchell Report has been criticized for relying on disreputable persons, expect similar critiques if the same proves true of the NFL's Bounty Report.
* * *
Vilma v. Goodell is more than just a defamation lawsuit. It is a direct challenge to a commissioner who, until now, has acted with more power than any commissioner in U.S. sports history. It is also an attempt to import judicial review of an individual who, until now, has been judge, jury and executioner of NFL justice.
To read the rest of the column, click here.Networking Shortcuts for Career Success
People ask me about the credibility of the latest "gimmicks" that business gurus are promoting. They want to know if the investment matches the outcome. The answer is "who knows.... it is up to you!" Most programs on the market that teach career success have good ideas, but there is no way to achieve results than doing the work. You must do the pay attention to the "job" (do good work) and to the "networking quotient" (establish connections that are meaningful).
We live in a world where everyone seeks shortcuts. But for people to really know you and what makes you great... you need to invest the time to show them by your actions. We can "know" someone superficially by reading their online profiles,.... but that does not mean we have a two-way trusting relationship. If the goal is just to be "known" then the relationship is one sided. You have to "know" the other people back. People only care if they think you care. Following a celebrity online is nice, but it is not a friendship (They do not know you back!).
Forget the gimmicks, shtick, and shortcuts.... make your strategy one of "Choosing People" and you will never be sorry for your efforts!
Have A Great Day.
thom singer
Wednesday, May 16, 2012
British Pubs, Decoder Cards, and the Future of Intellectual Property Licensing after Murphy
It is a rare event when one has the opportunity to use the phrase "decoder cards" in the title of an academic article. However, the facts of the so-called "Karen Murphy case" presented exactly that opportunity in a co-authored piece with Tassos Kaburakis and Johan Lindholm that was recently published by the Columbia Journal of European Law. The abstract is below (and available here):
October 4, 2011 marked a new era in global sports media rights. On this day, the Grand Chamber of the European Court of Justice (ECJ) delivered its judgment in FA Premier League et al. v. QC Leisure et al. & Murphy v. Media Protection Services Ltd (“Murphy”). Murphy decided upon the legality of a scheme whereby the holder of intellectual property rights to a sporting event licenses the right to broadcast the event on a national exclusivity basis.
The central players in the Murphy saga were: (i) the Football Association Premier League Ltd (“FAPL” or “Premier League”), the rights holder who, on behalf of football clubs playing in the Premier League, licensed the rights to broadcast Premier League matches to national broadcasters; (ii) two joint ventures, BSkyB Ltd. and ESPN (“Sky”) and NetMed Hellas SA and Multichoice Hellas SA (“NOVA”), who were the national broadcasters in the United Kingdom and Greece, respectively; (iii) Karen Murphy, a British national who purchased NOVA decoding equipment for personal viewing and subsequently used it to display Premier League matches in her pub in Southsea, England, at a significantly lower cost than a commercial subscription with Sky; and (iv) QC Leisure and AV Station, two British enterprises that arranged for the NOVA subscriptions and imported the decoding equipment, which was subsequently sold to Murphy and others.
The system of nationally exclusive broadcasting rights challenged in Murphy was supported by a combination of private and national measures. First, the typical agreement between the Premier League and a broadcaster contained provisions giving the broadcaster exclusive rights to broadcast the events in one of the EU Member States and requiring the broadcaster to take precautions to prevent individuals situated outside that Member State from accessing their broadcast. Second, in order to uphold the latter provision, the subsequent agreement between the broadcaster and its customers contained terms whereby the customer undertook that the decoding equipment would not be used to access the broadcast outside that Member State. Finally, general copyright law and a specific British statutory provision criminalizing the import, sale, and use of foreign decoding equipment procured through dishonest means further strengthened the enforceability and seeming validity of these contractual arrangements.
This licensing system was challenged in two British cases in which the plaintiffs alleged infringement. Ultimately, two divisions of the High Court of Justice of England and Wales referred a total of eighteen questions (excluding sub-questions) to the ECJ regarding the interpretation and application of various provisions under EU law. The eighteen questions boil down to three principal inquiries: I) Are Member States’ measures discouraging parallel import of broadcasting services compatible with the right of free movement of services protected by Article 56 of the Treaty on the Functioning of the European Union (“TFEU”)? (II) Are the agreements between the Premier League and broadcasters anticompetitive, contrary to Article 101 of the TFEU? (III) How are the several European Directives on intellectual property rights and, in particular, copyright law applied to such broadcasting rights, and to what extent is the proprietary content protected? This Article will address each of these three principal inquiries in order. Additionally, this Article will examine which elements of the licensing system heretofore are consistent with EU law, and analyze the likely ramifications for rights holders and future business strategies available to them.
Choose People
I was in a restaurant with my dad and two of my older brothers. We were laughing and having fun, when suddenly a gentleman pulled a chair up to our table and sat with us. He inquired if we were a family, as he was struck by the amount of fun we were having telling stories and laughing. He then pointed toward his nearby family. Everyone was on their smart phones- playing games , texting or checking Facebook. His wife and three kids had not even noticed he was gone.
He looked at my elderly father and wondered out-loud if he would have engaged conversations with his children when they were grown…. Or if they would only communicate electronically? He wanted to be part of a party where people spoke to each other at dinner.
Social media and digital communication have taken over society, and the tools we now use bring along many advantages to create and cultivate in-person and virtual relationships. But it is also causing disconnections in human to human interactions.
The family of the man in the restaurant was not an anomaly. People in the same room regularly to choose to communicate with others who are miles removed. Those sitting with us seem not as interesting as those far away.
Attend any business conference and you will see the “Phone Zombies” roaming the halls, actively checking-in online, while being checked-out in person. Nobody talks to strangers, or even those they already know, as they are all busy reading screens.
Does our social media obsession undermine the ability of people to make meaningful connections? It can when we forget that on the other side of that “link” or “Friend Request” is a real person. If connecting is about the numbers instead of the development of mutual understanding, then it is all a cold façade.
We have to remember to “Choose People” in our social media crazy world. This means keeping the phones in our pocket or purse when we are with others and advancing the use of spoken conversation.
All opportunities come from people. When we choose not to be engaged we are leaving behind opportunity.
Have A Great Day
thom singer
Tuesday, May 15, 2012
New Sports Illustrated column: How will Roger Clemens lawyers go after Brian McNamee on Cross-Examination?
Here's an excerpt:
To advance these points, look for Clemens' attorneys to find contradictions in McNamee's testimony from his earlier statements. Even seemingly minor contradictions, such as in dates of events or names of non-essential persons present, will be exploited to frame McNamee as unreliable. They will also question why McNamee is the only person on Earth to have seen the highly-recognizable and attention-seizing Clemens take steroids and HGH. Also expect McNamee to be forced to explain his motivations for telling law enforcement authorities and Major League Baseball officials about his relationship with Clemens. Along those lines, McNamee will undoubtedly be asked about the proffer agreement he signed with law enforcement in 2006. The agreement ensured that McNamee would avoid prosecution so long as he revealed his knowledge about baseball players using steroids. Expect Clemens' lawyers to imply that McNamee, at risk of being prosecuted, had to make noteworthy revelations to authorities even if it meant stretching the truth.To read the rest, click here.
Speaker for Austin or San Antonio Meeting
These conference organizers find me via a search for motivational and educational speakers who live in the Austin or San Antonio area or they inquire to speakers bureaus about who lives in Central Texas. Some seek ways to save on travel expenses while others prefer to have speakers at their conference who have ties to the community and can provide a local flavor in the presentation.
In most cities local companies often prefer to hire speakers from outside their area, as there is a perception that "the definition of an expert is anyone with a boarding pass". But national conferences being held a destination city are seeming to be looking for more local speakers.
(That being said, I do sales skills training and presentation skill training classes for many local businesses).
I speak all over the United States (and have presented in three other countries), but do enjoy the opportunity to work close to home. It allows me to continue my mission to reach more audiences with the "Conference Catalyst" program and spread the message of "Choose People In A Social Media Crazy World" while not spending too much time away from my family.
There have also been several times when I have been contacted as an "emergency speaker" to fill in at an event where the scheduled speaker became ill or missed a flight.
Speaking in my local market is a win / win situation.
For more information, visit www.ThomSinger.com or www.ConferenceCatalyst.com
Have A Great Day
thom singer
Monday, May 14, 2012
Legal Issues in Emerging Sports
Does LinkedIn Matter?
I was recently the speaker at a business event. After my talk (about the "Power of Business Relationships") one of the executives in the audience asked me "Does LinkedIn really matter?".
She was the executive director of a non-profit.
My answer was "Only if you might ever want to find another job or collect any donations from donors to your organization". Oh... "or if you ever plan to hire anyone". Or "if you are an active part of your business community!"
You should assume that everyone with whom you meet is looking for information about you before the appointment. This is not stalking, but instead a way to seek ideas for things and people you may have in common.
I also recommend that you never go to a meeting without reading the other person's profile! The little nuggets of information you obtain might be all you need to forge a meaningful conversation that leads to a more successful meeting.
My explanation to her included that it only matters if it matters to one other person who is looking for information about her (either to hire her, or because they are interested in her non-profit). When people seek information and it is difficult to attain, they are filled with joy... they are frustrated. When those who actively use LinkedIn as a research tool discover someone is not present (or has a lame profile), they often think "out of touch".
If you are sure that nobody will ever seek information about you via LinkedIn, then it does not matter. But for that one person to whom it does matter.... well....... what impression are you sending?
Your choice.
Have A Great Day.
thom singer