It's Official: McCann is a "Top NBA Mind"

Finally, sports lawyers are getting their due. A few months ago I declared 2012 the "Summer of Sports Law."  With no end to the NHL lockout in sight, the O'Bannon v NCAA case growing steam and national attention, and the power of Roger Goodell being litigated on a daily basis, the demand for insight from sports lawyers is growing—although for some reason our pay isn’t.

Anyways, The Sporting Charts (www.sportingcharts.com) just posted a list of the Top 50 NBA Minds to Follow on Twitter here.  Not surprisingly, our own Michael McCann (@McCannSportsLaw) was listed.  Join me in congratulating Mike on continuing to help grow this important field—and if you don’t follow him on Twitter, consider this your wake-up-call.

[Of course since my account (shameless plug @WarrenKZola) was noticeably absent I’m sure there some sort of accounting error for which I'll definitely sue.]  Seriously...congrats Mike!

Two Updates on the Sports Gambling Front

The past several weeks have saw a number of developments on the sports gambling front.  First, the federal lawsuit filed by the NCAA and the four major North American team sports leagues (NBA, NFL, MLB, and NHL) challenging New Jersey's move towards regulated sports betting continues to move forward.  The most recent news involves depositions being scheduled for the league commissioners and the NCAA president.  For more background on the legal and corruption aspects of sports gambling, here is a link to a paper Tassos Kaburakis and I co-authored that was recently accepted for publication in the Journal of Legal Aspect of Sport.  Also, for a comprehensive history of gambling-related federal legislation since 2000, we wrote a piece that was just published in Gambling Law Review and Economics.

Second, authorities in New York and Nevada (working in concert with the FBI, it appears) made a number of arrests earlier this week in connection with an 18 month illegal sports gambling investigation.  The DA's press release alludes to several offshore sports books.  A recent Las Vegas Review-Journal article provides more detail on the sting operation.  For a copy of the full 259 page indictment, click here.

I Am Too Young To Have A Brother Who Is 60-Years-Old

Happy Birthday to my oldest brother.  He is not just my brother, but also my Godfather.  And in many ways a role model.  When I was two-years-old I called him Chee-Bee (I guess I could not say "Steve").  He once dressed up like Santa Claus so I could see the magic of Christmas "live" in the middle of the night in our family living room (yes, my folks let me peek, but not get too close).  I still have the letters he wrote me while I was in elementary school and he was traveling the world for fun, study, and work.

Rumor is he reads my blog.... although he does not mention that to me very often (such an older brother!).  I figure that this post is better than any old paper card --- there was not going to be a gift anyway!  (such a younger brother!).

I hear 60 is the new 40.  If that is true than I am only 26.... and that sounds good to me.

Have A Happy Birthday!!!

thom

Risky is the New Safe by Randy Gage

I do not often write about books before I read them, but Randy Gage's new book "Risky is the New Safe" is creating a buzz.  I know some folks who read the advance copies and all were excited.  The title itself speaks to me as I think it says it all.  Think about it.  Those who are playing it "safe" are possibly the ones at the biggest risk in our new world.

I have met Randy, but do not really know him.  He is a member of the National Speakers Association and spoke at the 2012 Winter Conference.  I was impressed with his presentations, and have been anticipating this new book.  He is a character... but he also has a great way to motivate and inspire.  You will not always agree with everything he says, but he will challenge you to review how you think.

Randy says "rich people think differently then broke people".  His book is designed to be the 2013 version of Napoleon Hill's "Think and Grow Rich".  The thoughts you make priorities are what bring you to your future.

Take the time to look into "Risky is the New Safe" and let me know what you think.  I plan to read it this week.

Have A Great Day.

thom singer

Is "Playful" The Right Word For An Association Event?

I recently wrote a post for the TSNN Blog (Trade Show Network News) about the personality of an event. Having created the post several weeks ago I was a little unsure when an association meeting planner friend reached out and questioned my use of the word "Playful" in the article (I wrote it a while ago I was not even sure why I had chosen the word).

She mentioned that she has seen that word, "playful" showing up in several articles in the meetings and events industry and wondered if it was appropriate to be playful at a business environment.

I re-read the article and here is what I said:

"There was no time for people to be playful or engaged with each other, and so they were not having any “Hallway Conversations” or other meaningful interactions".

Playful?  Hmmmmm.  I think it was the right word.  I believe that being playful is needed at more business and association meetings.

Yes, yes, I know... we are all serious professionals who come to conventions and conferences to seek information, data, and content.  Content is king.  Data rules the roost.  Information is the purpose!!!

Nope, I disagree.  I think that without fun then a conference, trade show, convention or other meeting is not the right way to dispense information.  Sending a white paper would be better if attendees only want hard facts. But humans are experiential beings and without a little fun, we easily get distracted.  If the joy is missing from an event then it might SUCK.

And what is wrong with playful?  Who among us wants to be described as overly serious, stuffy, stodgy  stale, uninspired, etc....?  We have all encountered people like this and they rarely make the top of the invitation list when we host a party.  If our event has these same traits why the heck would anyone want to attend?

Playful does not exclude education.  In fact when I look back on my own schooling (formal and informal) the best learning came from teachers who served up information with some fun in the mix.

I think as planners, speakers, sponsors (and everyone who contributes to a meeting) we need to work to be playful... as we owe that to everyone who is in attendance.

Have A Great Day.

thom singer

Video of Yale Law School Hot Topics in Sports Law Panel

I moderated the Yale Law School panel last week on hot topics in sports law - a video of the panel is available online. Jimmy Golen was one of the distinguished panelists, as were Craig Masback (Nike), Charles Mechem (LPGA), and Nell DeVane (ESPN). We covered a wide-range of topics, including the legality of age limits in sports, viewing college sports as minor leagues, Ed O'Bannon v. NCAA (and the paying of college athletes), whether the NCAA should have punished Penn State, Title IX, morals clauses (including with Lance Armstrong) etc.  Harvard Law School Professor Alan Dershowitz, in the audience, had several insightful comments about Penn State and the NCAA. Here's the video -- and thanks to Warren Zola for finding and sharing it:
In the Legal Zone: Hot Topics in Sports Law from Yale Law School on Vimeo.

Symposium: The Impact of Concussion Lawsuits on the Future of Football

The Mississippi Sports Law Review at the University of Mississippi School of Law is hosting an incredibly timely symposium entitled "The Impact of Concussion Lawsuits on the Future of Football."  I am honored to be participating in this symposium which will be held Friday, November 9, 2012, at the Robert C. Khayat Law Center at 1:30 p.m., room 1078 (free and open to the public).

From the symposium website: "Once thought to be a badge of honor that doctors could quickly 'cure' with a sniff of smelling salt, concussions have now become the subject of litigation that could threaten the future of football and other contact sports. Recent medical studies consistently show serious long-term effects for athletes who have had multiple concussions, including serious brain trauma and reduction in life expectancy. Where re-entering the game after a concussion, or even the week after a concussion, used to be common practice, there is an increasing burden on team physicians and the athletes themselves to consider the implications of going back onto the field. In light of this research, the four major American sports leagues have implemented concussion policies and procedures, but many question if these policies alone are sufficient to protect the athletes from permanent injuries."

To Error Is Human....

A smart friend told me something very important:

"Making a mistake is not a fault of character, not being able to forgive others for their mistakes is a big one!"

Have A Great Day

thom singer

Broadcast Rights, Unjust Enrichment, and the Student-Athlete

At the professional league level there is a long history of disputes and court challenges over property rights in the live game broadcasts.  However, the interest of the NCAA, conferences and universities in live game broadcasts from a property rights perspective has never been challenged in court.  Who owns the copyright to the broadcast of the live game?   What is the origin of the legal right of the NCAA, conferences and universities to the billions in revenue generated by their licensing of the right to broadcast the live games?   Assuming the NCAA, conferences and universities do in fact have some sort of property right or other legal right to sell these rights to networks, should they be recognized as the exclusive rights holder?  Do college players also have some sort of property right or other legal right to a portion of the licensing revenue based upon their substantial contribution to the broadcast of the game?  Afterall, the players are the sine qua non of the broadcast because it obviously does not exist, and it would not generate billions in revenue, without their contribution and year-long preparation. 

My article published this fall in Cardozo Law Review traces the historical development of broadcast rights in the professional sports leagues.  In essence, the courts have held that professional clubs have a quasi-property interest in the right to license the broadcast rights to the networks.  The network is the author of the broadcast and assigns to the league its ownership in the copyright to the broadcast pursuant to a provision in the broadcast licensing agreement.  And college sport has followed on the coattails of the professional sports league model.  Basically, the network pays the NCAA, conferences and universities billions of dollars to let their camera crew enter the stadium door and capture the game being played.  Yet nobody has challenged this exclusive putative quasi-property right of the NCAA, conferences and universities.

There are legitimate reasons to recognize an exclusive right for the professional clubs that arguably do not apply to tax-exempt public universities.  While difficult to explain in any detail in a blog post, a couple distinctions are worth mentioning briefly.  For example, professional clubs are for-profit entities with individual owners who put substantial private investment at risk through their purchase and operation of a team.  Also, professional players are employees of the clubs, which is legally significant in evaluating the property right because the Seventh Circuit in Baltimore Orioles v. MLBPA held that the players' claim to a portion of the licensing revenue was precluded on the basis of copyright law's "works for hire" doctrine  and the players can negotiate with the clubs over the value of their individual contributions to the broadcast.  College players, on the other hand, cannot be subject to the works for hire doctrine simply because, well, college sport has consistently maintained the position that the players are not employees or independent contractors who can be hired.  Viewed within the construct of common law unjust enrichment which is premised on the idea of distributive justice, my article argues that universities obtain an unjust benefit at the players' expense by retaining exclusively for themselves the portion of the increasing rights fees that would normally and equitably be paid to the players for their substantial contribution to the value in the live game broadcast.  My article also addresses whether copyright law preempts an unjust enrichment claim in this context and I explain why I do not believe that it would.

In the O'Bannon litigation, the class did not assert a claim to live broadcast licensing revenue in its complaint.  Just last month, however, the class filed a motion seeking to revise the class definition to include live game broadcast licensing revenue.   If the court ends up denying their request, I nevertheless expect to ultimately see this case coming soon to a theatre near you....

Cool Things My Friends Do - Tim Tyrell-Smith's Job Search Software

Each Friday on this blog I enjoy highlighting some of the cool things my friends do in their work and personal lives. 

My friend Tim Tyrell-Smith just launched something that he’s been working on for about five years.  Well, that’s a long time, so I figure Tim deserves a spot here in this week’s “cool things my friends do” post.

Tim’s a 25-year marketing guy who quit a full time VP Marketing job to become an entrepreneur. And to dedicate a larger portion of his life to helping people do great things. 

Tim and I met at San Diego State University back in the late 80’s .  We were in "rival" fraternities... but really everyone was friendly. Tim is a Sigma Chi and I am a Beta -- not that any of that stuff matters 20 years later!  ;-).  I had lost touch with Tim for many years, but we reconnected via social media and have become great friends again.

Over the last five years, Tim’s been working hard to create helpful content for a community of professionals going through job search transition. It’s been a passion project for him to reach this community with structured and strategic guidance. And to watch their positive progress toward a new job.

During these five years, a complete strategy was born. From each blog post, template, speech and video he created, the puzzle pieces came together. And about two years ago, he decided to formalize the strategy and make it available as an online software program.

So that’s what Tim just launched – his job search strategy software.

The software offers a structured, step-by-step process to establish a job search strategy. As one user said, “It’s like tax software for your job search”. A complex and often misunderstood process is broken down into smaller, “easier to chew” pieces. And there is significant help (including video) at every step.  Specifically, the software delivers the following:

• Identification of clear and specific job search objectives (plus help with target companies)
• A personal branding strategy and profile
• A complete set of personal marketing materials (resume, cover letter, bio, business card, elevator pitch, references)
• A customized networking strategy including targeted introductions
• A purposeful strategy for interview preparation

And since I told Tim I might write about his new software, he said: “Make sure they know about the early bird special we’re running through December 31.  It offers a big reduction in the sign up fee for anyone who will offer feedback during the beta period.” If you are interested or have any questions, you can contact Tim via his blog. Tell him Thom Singer sent you!

And so there you have it. If you are out of work and need new structure and a strategy for your job search, you should visit timsstrategy.com to learn more.  You can also find him on Twitter (@TimsStrategy) and on Facebook (TimsStrategy).

WATCH Tim's Video Here!  (http://youtu.be/uyp_j_vRfG0)

Have A Great Day

thom singer

San Francisco Bay, America's Cup Venue

One of the more striking scenes from the world of sports this week was the pitchpoling of the Oracle America's Cup yacht in San Francisco Bay during reported 25 knot winds.  Seeing this video of the capsizing was a reminder of how important the venue of a sporting event is, including venues for sports other than the major four sports, and how the attorney working with a sporting event must consider the challenges of the venue in preparing contracts for the event.

For an America's Cup regatta, one of the challenges posed by the venue is spectator proximity to the action and safety.  Unlike previous America's Cup regattas held far offshore where few spectator boats might venture, this America's Cup will be held close to shore where there will be many spectator boats.  They likely won't be high-performance racing boats like an America's Cup yacht, but they will be close to the action, on the water, and close to each other, possibly in high winds or rough seas.  Spectator safety risks must clearly be assessed, with the goal of keeping these fans safe during the event while allowing them to enjoy the action.  The America's Cup organizing authority's contracts with the relevant authorities have to address safety issues so that liability is minimized -- where can spectator boats be positioned during a race, how will safety be monitored, how many boats will be allowed in an area, what spectator boat credentials or registration will be required, what liability waivers will be obtained.  By accounting for these issues in contracts, the excitement of America's Cup racing can remain the focus during the event.

Inquiry and Exploration vs. Assumption

I had a conversation with a business acquaintance   Upon sharing a story she jumped to a conclusion about the motivation for my actions.  She was critical, and shared her advice, but she was wrong about my intention.  It was not a major issue, nor was she seeking conflict.... yet her point of perspective was wrong, so her advice was useless.

I tried to explain where I was coming from, but she was pretty sure I was just being defensive.  It was not a big deal, but she had filled in a lot of blanks without having any first hand knowledge of the back-story.  Since we are not close friends, her decisions how I thought on the situation came from inside her head, not from anything she knows about how I view the world.

This happens often to all of us.  It is so easy to take a slice of information and make assumptions about the whole picture.  We all do it.  This incident reminded me about how often it happens, and how wrong any one of us can be when we jump to conclusions.  In business and our personal lives we are making decisions about others think when there is no way to really know what goes on inside their heads.

Walter Matthau as Morris Buttermaker in the 1976 classic film "The Bad News Bears" summed it up best.  He wrote on the chalk board the word "ASSUME" then pointed out to the young team that when you assume you make an "ASS" out of "U" and "ME", while circling each part of the word.  I have always tried to remember this (it made an impression, as I was ten-years-old...and he said "ass"!).

How often are we making asses of ourselves (and others) because we are not asking questions instead of making assumptions?  

Take a minute and look at your interactions with other people today.  How many of your opinions are based on inquiry and exploration vs. how much is based on assumptions?  

Have A Great Day.

thom singer

RIP Russell Means

Activist, actor, musician, agitator, politician and former American Indian Movement (AIM) leader Russell Means passed today from esophageal cancer, at the age of 72.  He died at his ranch located on the Pine Ridge Indian Reservation in South Dakota,  the place where he was born in 1939.  Means was a fierce advocate of American Indian rights and led dozens of protests and uprisings throughout his life ranging from seizing the Mayflower II in Plymouth, Mass on Thanksgiving day in 1970 (protesting discriminatory treatment of American Indians), to orchestrating a 1971 prayer vigil atop the Mount Rushmore monument in South Dakota (dramatizing Lakota claims to the Black Hills), to organizing cross-country caravans in 1972 to Washington, D.C. (protesting a century of broken treaties by the U.S. government), to leading a boycott of Cleveland Indian games in the 1990s (protesting the use of Chief Wahoo as a racist, caricatured mascot/logo).

Russell Means' method of protest was often controversial and violent.  He was arrested many times, served time, shot several times, and criticized as an "opportunist" by critics.  According to the New York Times: "Strapping, and ruggedly handsome in buckskins, with a scarred face, piercing dark eyes and raven braids that dangled to the waist, Mr. Means was, by his own account, a magnet for trouble — addicted to drugs and alcohol in his early years and later arrested repeatedly in violent clashes with rivals and the law. He was tried for abetting a murder, shot several times, stabbed once and imprisoned for a year for rioting. He styled himself a throwback to ancestors who resisted the westward expansion of the American frontier. With theatrical protests that brought national attention to poverty and discrimination suffered by his people, he became arguably the nation’s best-known Indian since Sitting Bull and Crazy Horse."

In protesting Chief Wahoo as mascot and logo of the Cleveland Indians, Russell Means referred to its continuing use as "unconscionable."  He was outspoken throughout his life challenging professional sports franchises and collegiate athletic programs use of American Indian mascots and mimicry of sacred native culture and tradition.  When asked about Florida State's mascot Chief Osceola, Means responded that "we’re the only entire ethnicity in America that is still stereotyped."  In describing American Indians as the only minority group in the United States that is still stereotyped, Means focused in on an interesting phenomenon that has been written about by scholars and debated in symposia:  Why when it would be unthinkable to call a sports team by a racially charged nickname in connection with African American, Latino or Asian citizens, is it still somehow tolerated to refer to teams as "Redskins," "Indians," "Braves," "Blackhawks," "Utes," and "Seminoles"?

Russell Means is most recognized for two well known portrayals, though very divergent:  First, he led a 1973 occupation of Wounded Knee, South Dakota, the site of the 1890 massacre of more than 350 Lakota men, women and children, often referred to as the last major conflict of the American Indian wars, where protestors demanded strict adherence by the federal government to all Indian treaties.  Second, he starred as Chingachgook in Michael Mann's 1992 epic "The Last of the Mohicans" alongside Daniel Day-Lewis and Madeleine Stowe.  Means received critical attention for his portrayal of the fiery, brave father/leader of the Mohican people.

Russell Means used his notoriety to advocate on behalf of equality on behalf of American Indians until his untimely death.

Outsourcing NCAA enforcement

An excellent and thoughtful essay in The Atlantic from my friend and law school classmate Stephen Miller, arguing that the NCAA should charge an outside body with conducting major investigations and punishments. Steve is a former Scalia clerk and AUSA; his practice now includes representing athletes in NCAA proceedings. He also is a lifelong Kentucky fan, so he is personally familiar with the vagaries of NCAA enforcement.

This is an interesting take, especially if we begin from the premise that the NCAA is here to stay, that there is good reason to regulate intercollegiate athletics and the conduct of student-athletes (in terms of amateurism, academics, etc.), and that self-regulation, given the structure of college sports, is unworkable.

Conference Speakers- Please Provide Three Learning Objectives AND Three Connection Objectives

People do not attend business events simply for the content.  There is a perceptional disconnect that "content is king" when it comes to planning events.  If the purpose of events is only about content there are many more efficient ways to garner information.  If people only desire the educational component, they could read books, surf the net, watch videos, take a class, view a webinar, hire a consultant, etc....  If your attendees only want content.... send them a white paper!

Connections with others is an important part motivation for attending conferences, trade shows, conventions, seminars and other gatherings.  Humans are social beings.  Even with all the discussions about introverts and extroverts, all who attend events hope that they will create some meaningful relationships.  Being an introvert does not mean they never want to associate with others (introvert does not translate to hermit), but instead it is about the need for some private down-time to recharge their batteries.  Most introverts enjoy their time with others, and I know many who thrive while attending business events (they are just not getting their energy at the happy hour like many of their extrovert brethren).  Yet many planners think if they have a "left-brained" crowd that they do not care about connections.  Not necessarily.

It is an easy excuse to hide behind the importance of the learning component to mask the failure to create an atmosphere for better networking and beneficial connections.  I am not discounting the legitimacy of learning at events (so don't mis-interpret my purpose).  People are not only seeking great parties when they attend a conference.  They want both education and connections.

The best learning at events is often claimed to come during the "hallway conversations", those spontaneous deep-dive chats that take place with other attendees after participating in a keynote or breakout session.  People have ideas, and when they share them with each other bigger ideas can be born.  Additionally the old-style expert lecture has lost appeal to those in the audience.  People want interactive, which means more than open-mic Questions at the end of a talk.  Yet defining "interactive" is not easy, as it is a feeling.  Some of the best interactive speakers do not do traditional Q & A or live exercises.  Yet their style leave people feeling they were part of the conversation (when maybe they never said a word).  The speakers ability to created community is paramount to success.

Creating a better "Conference Attendee Experience" means that all aspects of a conference must move toward both learning and connections.  Speakers are regularly asked to provide there learning objectives to the planners in advance of the talk, but I believe event organizers should also be asking those that present for three ways they encourage audience connections in their presentations.  Regardless of their topic as speaker should be prompting conversations in the hallways after their session ends.  If there is just a dump of data without anything more the whole session if a flop.  Planners should demand more from those who present.

Many speakers claim their job is to share their expertise, not contribute to the overall effectiveness and success of the meeting.  WRONG.  All speakers (keynote and breakout) are responsible for setting the tone for the whole event.  Presentations should actively engage the audience before, during and after the speech (this means live at the event and before and after via social media, etc...).  Having the speakers present at breaks, happy hours and meals the day of the talk (if not throughout the whole conference) is usually desired by attendees, and makes the speakers part of the mini-society that is created at an event.

What are the connection objectives for your event?

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 

It All Began At A Toastmasters Meeting in 1992

In 1992 I joined Balcones Toastmasters.  I had been encouraged to join a Toastmasters Club to fine tune my speaking skills, as it was suggested that the ability to communicate was necessary for future career advancement.  I never dreamed that this would be the first step in a journey toward a career as a professional speaker.

Several years later I moved my membership to the West Austin II Toastmasters Club (which was closer to my home).  In 2002 I was a semi-finalist and runner up in the Region Three speech contest, placing me in the top 18 Toastmasters that year (out of 20,000 that entered around the world).

As my skills as a speaker advanced, I have usually kept my membership in Toastmasters active, although my travel schedule does no allow me to participate regularly.  I have remained a member because I know that one must never lose sight of those that helped them achieve their goals.  In Texas there is an expression "Dance with the one that brung ya".... and too many seasoned speakers forget that they had to start somewhere (and many began in Toastmasters).

This week the Balcones Toastmasters group is hosting an "Old Timers Meeting" where they are inviting back former members to revisit the club.  They have asked three people to give special talks.  In addition to me there will be speeches by legendary story teller Hollis Baker and former mayor of Austin Ron Mullen.

My presentation will be about my journey from a 25-year-old kid who liked to talk, to a professional speaker (who still likes to talk).  It has been a lot of work, but also full of fun, establishing a career as a speaker.  There is more to the business than most people would ever imagine.  In addition to Toastmasters I am an active member of the National Speakers Association (I currently serve on the board of the Austin Chapter and the NSA XY group) and I have had the pleasure to speak in nearly half the states in the US, and several other countries.  Without Toastmasters I am not sure that I would have ever had this opportunity.

I am looking forward to delivering the keynote for the "Old Timers" event, and hope that the current members of the club will find some value in my story.  But aren't I too young to be and "old-timer"?

Have A Great Day.

thom singer

UPDATE:

The Balcones Toastmasters meeting to commemorate the members of yesterday was a big success.  It was an honor to share the program with Hollis Baker and Ron Mullen.

Many alumni of the group returned to spend the morning sharing stories and remembering those who has passed away over the years.  Hollis had joined the club in the 1970s, Ron in the 1980s, and I was there in the 1990s, yet the positive experiences were often the same!  

Most who shared stories credited their participation in Toastmasters as a direct reason for their success in personal and professional endeavors.  

Cool Things My Friends Do: Cindy Lo - Red Velvet Events Celebrates Ten Years

Each Friday on this blog I enjoy highlighting some of the cool things my friends do in their work and personal lives. 

My friend Cindy Lo is celebrating ten years in business with her event management company, Red Velvet Events.  

The company, based in Austin, Texas, assists companies, associations, non-profits and government agencies with all aspect of planning and execution for events, festivals, charity, fundraisers, meetings, conventions, trade shows, seminars, employee gatherings, client conferences, etc...

Ten years in business is a great accomplishment for any business, and this is an especially big accomplishment in the meetings industry.  Cindy and her team have earned a national reputation serving a variety of clients in creating meaningful experiences.  

Congratulations to Cindy Lo and Red Velvet Events!  Best wishes for the next ten years!

Have A Great Day

thom singer

O'Bannon v. NCAA: Where things stand

I have an article in the October 15th issue of Sports Illustrated that provides a legal analysis of recent developments in the Ed O'Bannon v. NCAA & Electronic Arts class action. 

Here's an excerpt:

* * *

Second, potentially damaging e-mails involving two other defendants—Collegiate Licensing Company (the NCAA's licensing partner) and Electronic Arts—have emerged. These e-mails portray CLC officials as worried about the legal impact of Electronic Arts's developing video-game characters using real college players' names and then removing those names before retail.

 * * *

Hope you can check it out on page 19 or through this SI Vault link.

Yale Law School Alumni Weekend: Panels on Sports and Entertainment law

I'm thrilled to be part of this weekend's Yale Law School Alumni Weekend, which is centered on sports and entertainment law this year.  If you're in the New Haven area, you might consider registering for it and seeing what should be excellent panels and other events.

Saturday, October 20

9:30 – 10:45 AM
Panel Discussions (two concurrent sessions)

PANEL I. Streaming and Beaming:  Entertainment Where and When You Want It

Moderator:  

Bryan Choi, Thomson Reuters Fellow, and Director of the Law and Media Program, Information Society Project, Yale Law School

Panelists: 

Emily Bazelon '00, Journalist, Slate, and Senior Research Scholar, and Capote Fellow, Yale Law School
Richard Cotton '69, Executive Vice President and General Counsel, NBC Universal
Alfred C. Perry '87, Vice President, Worldwide Content Protection & Outreach, Paramount Pictures Corporation
Kenneth P. Stern '88, Co-founder and President, Palisades Media Ventures, and former CEO, National Public Radio

PANEL II. Many Voices, Many Eyes: The Promises and Pitfalls of Social Networks

Moderator: 

Margot E. Kaminski '10, Research Scholar in Law, Executive Director of the Information Society Project, and Lecturer in Law, Yale Law School

Panelists:

Lori B. Andrews '78, Distinguished Professor of Law and Director of the Institute for Science, Law and Technology, Illinois Institute of Technology, Chicago-Kent College of Law
James Grimmelmann '05, Professor of Law, New York Law School
Beth Simone Noveck '97, Visiting Professor, NYU Robert F. Wagner Graduate School of Public Service and MIT Media Lab, and Professor of Law, New York Law School
Madhavi Sunder, Professor of Law, University of California, Davis

11:15 AM – 12:30 PM
Panel Discussions (two concurrent sessions)

PANEL III.  Yours, Mine and Ours: Ownership of Cultural Capital

Moderator:

Susan M. Scafidi '93, Professor & President, Fashion Law Institute, Fordham Law

Panelists: 

Barton Beebe '00, Professor of Law, New York University School of Law
David Boies II '66, Chairman, Boies, Schiller & Flexner LLP
Kristelia A. Garcia '03, Frank H. Marks Intellectual Property Fellow & Visiting Associate Professor, The George Washington University Law School, Washington, DC
Marc Porter '87, Chairman, Christie’s Americas and International Head, Christie’s Private Sales

PANEL IV.  In the Legal Zone: Hot Topics in Sports Law

Moderator:

Michael McCann, Director, Sports Law Institute, and Professor of Law, Vermont Law School

Panelists:

Eleanor (Nell) DeVane '93,  Vice President and Associate General Counsel, ESPN
Jimmy Golen '99 M.S.L., Sports Writer, The Associated Press
Craig A. Masback '92, Senior Sports Marketing Director, Greater China, Japan & Global Business Affairs, Nike; and former CEO, USA Track & Field (1997-2008)
Charles S. Mechem, Jr. '55, Commissioner Emeritus, Ladies Professional Golf Association; and Chairman and CEO, Taft Broadcasting Company

12:45 PM

All Alumni Luncheon
University Commons (Enter either on the corner of College and Grove Streets or from
Beinecke Plaza off Wall Street)

Opening Remarks:
John R. Firestone '85, President, Yale Law School Association Executive Committee, and Partner, Pavia & Harcourt LLP
Robert C. Post '77, Dean and Sol & Lillian Goldman Professor of Law, Yale Law School

Presentation of the Yale Law School Association Award of Merit to:
David Boies II '66, Chairman, Boies, Schiller & Flexner LLP
Presented by: Dean Robert C. Post '77

Remembrances:
The Honorable Louis H. Pollak '48 (1922-2012), Judge, U.S. District Court for the Eastern District of Pennsylvania (1978-2012); and dean, Yale Law School (1965-70) and University of Pennsylvania Law School (1975-78).  
Nicholas deB. Katzenbach '47 (1922-2012), Associate Professor, Yale Law School (1952-56); U.S. Attorney General (1965-66), and Senior Vice President and General Counsel, IBM (1968-86).
80th Birthday Celebration:
The Honorable Guido Calabresi '58, Judge, U.S. Court of Appeals for the Second Circuit, and Sterling Professor Emeritus of Law and Professorial Lecturer in Law and dean (1985-94), Yale Law School

New York Law School Sports Law Symposium Friday Nov 2

I'm excited to be part of this year's New York Law School sports law symposium, which will be held on Friday November 2.  Great work by Brett Hirsch and others in putting it together.  They have followed in the excellent planning of sports law symposiums at NYLS previously shown by Elliot Solop, Alycia Powell and others.

Here are the details of this year's event (and if you are interested in attending, click here):


The New York Law School Sports Law Society and the Institute for Information Law and Policy

Presents:

The Fourth Annual Sports Law Symposium

Friday, November 2, 2012

185 West Broadway

W201 (Events Center)

Fee:        $45 for attorneys (includes CLE’s)

            $45 for attorneys and professionals not seeking CLE credits (No CLE credit)

$15 for outside students

Free for current NYLS students (with a valid school ID)

This CLE program has been approved for a maximum of four hours of CLE credit for both transitional and non-transitional attorneys. New York Law School offers tuition assistance for attorneys who may have difficulty attending CLE events due to cost considerations. Please visit:  http://www.nyls.edu/academics/cle/tuition_assistance to see if you qualify.  

Tentative SCHEDULE                                                                                                                                                               

11:30 a.m. - 11:45 a.m. 
Opening Remarks

11:45 a.m. - 12:30 p.m 
Keynote Interview with Mike Zarren  

12:45 p.m. - 1:45 p.m. 
Overview of Current Legal Developments in the Sports Industry  (1 CLE Credit - Professional Practice) 

2:00 p.m. - 3:00 p.m. 
Breakout Sessions

• Intellectual Property Issues in Sports (W420)  (1 CLE Credit - Professional Practice)
• Negotiating Rights Acquisitions (W320)  (1 CLE Credit - Professional Practice) 
• Bankruptcy Issues in Sports (W220)  (1 CLE Credit - Professional Practice) 

3:10 p.m. - 4:10 p.m.
Analysis and Impact of the Concussion Litigation (1 CLE Credit - Professional Practice) 

4:20 p.m. - 5:20 p.m.
Sports Labor Negotiations (1 CLE Credit - Professional Practice) 

5:30 p.m. - 6:20 p.m. 
Breaking Into the Sports Industry 

6:30 p.m. - 8:00 p.m. 
Networking Reception 

 PANELISTS *                                                                                                                                                                              

Jodi Balsam, Associate Professor at NYLS; Former Counsel for Operations and Litigation at the NFL

Robert Boland, Professor of Sports Management & Sports Business at New York University 

Marc Edelman, Associate Professor of Law at Barry University: Dwayne O. Andreas School of Law 

Robert Erb '91, CEO at Schutt Sports; Adjunct Professor at New York Law School  

Frank Golding, YouTube Director, Head of Sports for North America at Google 

Russ Granik, Vice Chairman at Galatioto Sports Partners; Former Deputy Commissioner and COO at  the NBA 

Frank Hawkins, Partner at Scalar Media Partners; Former SVP Business Affairs at the NFL 

Darren Heitner, Founder of the Sports Agent Blog; Attorney at Wolf Law; Contributor at Forbes Magazine; 

Ronald Katz, Partner and Chair of the Sports Law Group at Manatt

Jeannine Kenney, Associate Counsel at Hausfeld LLC; Plantiff's Liason Counsel for NFL concussion litigation 

J. Carlos Kuri, Vice President and General Counsel at New York Red Bulls  

David Mayer, Principal Counsel at ESPN, Inc.

Michael McCann, Legal Analysts at SI & NBA TV; Professor & Director of Sports Law Institute at Vermont Law School;  

Lauren Dienes-Middlen, VP, Intellectual Property at World Wrestling Entertainment, Inc. 

Joe Nahra, Business & Legal Affair Executive at CAA Sports

Matthew Parlow, Associate Dean for Academic Affairs and Associate Professor of Law at Marquette University 

Irwin Raij, Partner and co-chair of the Sports Industry Team at Foley & Lardner LLP

Robert Raiola, CPA; Sports & Entertainment Group Manager at Fazio, Mannuzza, Roche, Tankel, LaPilusa, LLC

Frank Saviano, Associate at Proskauer 

Alan Schwarz, Reporter at New York Times

David Soskin '08, Counsel at ESPN, Inc.; Adjunct Professor at New York Law School  

Meredith Wolff, Associate Staff Attorney at NHL Enterprises, L.P.

Mike Zarren, Assistant General Manager and Team Counsel at Boston Celtics 

Warren Zola, Chair, Professional Sports Counseling Panel, & Asst. Dean, Grad. Management Programs at Boston College

Getting it wrong on Lance

When Lance Armstrong announced that he was no longer contesting the USADA proceedings, I likened him to Pete Rose and said here that he would be just fine, that he would continue to proclaim his innocence and to remind everyone that no body had ever found him to have doped or used PEDs. I even said so on a radio interview, in response to the suggestion that marketing people had proclaimed him finished as a spokesman, fundraiser, and endorser.

It looks like I got this one very wrong. Yesterday's announcement that Armstrong had been dropped by Nike (which proclaimed itself shocked, shocked that the man who dominated a sport in which everyone doped had been doping himself) and that Armstrong had resigned from his own Livestrong Foundation suggests that he is going to suffer some major fallout. This comes in the wake of USADA releasing the report from its investigation, which laid out in great detail the evidence against Armstrong. Clearly one major sponsor wants nothing to do with him. And clearly either he or other leaders at the foundation believe he would be a drag on fundraising and other charitable efforts.

Perhaps, as Michael Wilbon argued on PTI last night, this is purgatory rather than hell, that Armstrong has to go away for a year or two, then emerge, admit to doping, and ask for forgiveness. In our culture of second chances, Wilbon insists, all be forgiven and Armstrong will be back on the scene as a public figure. Of course, that is what everyone insisted they wanted from Pete Rose and when Rose finally admitted to gambling, he was just buried further. Come back in a couple of years and we'll see.

Today in sanctionable lawsuits

A New Orleans Saints fan named David Mancina has filed a putative class action against Roger Goodell and the NFL, alleging that Goodell and the league's suspension of Saints players entitles Mancina and other Saints fans to damages from (I am not making this up) "the diminishment in the value of their tickets; their personal emotional reaction to the unwarranted penalties inflicted on their beloved team, players, coaches, and executives; and the deliberate reduction of the competitive capability of the Saints due to the selective gutting of the critical components needed to justify the loyalty of Plaintiff and the class." And according to the complaint, he actually had counsel to do this.
The first, obvious response is they lack standing. But the defects in this go so far beyond that. This has to be sanctionable, and I am not someone who is big on sanctions. If one of my students turned this in in a drafting exercise, she would fail.


1) The Complaint does not identify any claim, that is any right or legal obligation to the plaintiffs that Goodell or the league breached on the facts at issue. They  just ask for damages to fully compensate them, but assert no legal rule that entitles them to recovery, but they assert no legal right to recover. We teach in Civ Pro that "he violated my rights" or "he injured me" is not sufficient in a complaint, even pre-Twiqbal. You never expect to actually see one of those.

2) The prayer for relief asks "that Defendants be duly cited to appear and answer this complaint and after due proceedings for judgment against The Commissioner and the League for damages to fully compensate Plaintiffs, and the Class, for damages, and all other general and equitable relief required in the premises." This is utter nonsense. His prayer for relief is that they be made to respond to the complaint.

3) The complaint asserts as one basis of jurisdiction § 1331, but no indication of how this is a civil action "arising under" federal law.

I am tempted to use this in class next semester, as a sample complaint showing what you absolutely shouldn't do. But this is almost so bad as to not be a good illustration of what is bad. Almost.

Quantitative Sports Law

Starting Fall 2013, I recently learned that I will be able to fund at least one PhD student interested in research at the intersection of quantitative methods and sports law.  More details can be found here.  Please contact me if you are interested.

For an example of how math and sports law can intersect, here is a panel discussion on corruption and gambling in sports.  One of the speakers details how he used statistics to determine the scope of point shaving in college basketball.

My Day Flying In A Cirrus

I had a great time at the 2012 AOPA Aviation Summit.  I enjoyed being the Master of Ceremonies for the convention and the AOPA Foundation Dinner.  The event gave me the chance to meet many interesting people and be exposed to the world of flying.  Pilots are an eclectic group of people, but they all have a passion and are eager to share their enthusiasm for aviation.

I was supposed to fly into Palm Springs with a friend who owns his own airplane.  I was going to be in California for another conference, and I was excited to take this short flight, as I had not had very much experience with general aviation (I went up with a friend once in my 20s).  My friend owns a Cirrus SR22, and in preparation for the conference I did a lot of research on planes.  I was excited to get to fly in a Cirrus, but at the last minute my friend's plans changed.  I had to rent a car in Orange County and drive to the desert.

Alas, the conference was a lot of fun, but I was sorry I did not get to go up in a plane.  I shared this with a few people, and the folks at the Cirrus Aircraft trade show booth offered to take me up....  But I was busy throughout the event, and did not want to impose.  I am not a pilot, nor am I in the market for a plane.  I have worked plenty of shows, and did not want to waste anyone's time.

I enjoyed talking with many people on the trade show floor, and I learned a lot about what it means to be part of the general aviation community.  I like it when I discover close knit industries where everyone cares about their greater community.  But time and time again, the folks at the Cirrus booth were wonderfully engaging.  They were like the Nordstrom's of the aviation world when it came to friendly and interested people who lived to deliver a positive customer experience (even to those who were not customers!).  Clearly their employees like their jobs, and while they do a lot of shows, they did not seem to tire to talk to anyone about their products.

Before the AOPA show ended they had offered to fly me to my next destination with one of their employees.  He was heading to Denver, and I was going to Albuquerque for another association event. Thus it was not too far out of the way for his flight plan (I really was not wanting to impose). The thought of canceling my commercial flight and going in a small plane with a stranger was unsettling at first, but the more they offered, the more I realized I wanted the experience of flying.  And a three hour flight from Palm Springs to New Mexico was surely going to be an adventure.

My new pilot friend is Ryan.  He is 23-years-old (he was not even born the last time I was in a private plane), but has been flying his whole life.  His father is one of the founders of Cirrus Aircraft.  He clearly understands all aspects of aviation, and I could not have asked for a better pilot.  He explained everything from the pre-flight list to sharing stories about his Dad's early vision for designing a plane that was built for the passenger's comfort.

The plane, a Cirrus SR22-GTS, was great.  The cockpit was roomy enough that a big oaf like me was not cramped.  The glass display screen instrument panels were easy to understand (even for a non-pilot). The safety features made a novice like me feel good the whole time.  It was like a flying BMW.

How you see the world in a Cirrus at 11,000 feet is much different than being in the flying bus of a commercial airline at 30,000 feet.  It was fascinating to see the little towns and houses in the middle of nowhere that go unnoticed when you fly commercial.  The skies were clear and the whole time I was taken with the beauty of the land below.

I also enjoyed watching how Ryan flew the plane.  The care he put into each thing he did from before take off through landing.  How he talked to the air traffic controllers and listening to the conversations of other planes on the frequency was very educational.

I am not saying after one flight that I want to be a pilot (I am going to explore more about the process), but I do have an amazing new appreciation for general aviation.  I also see the convenience of having a plane if you travel a lot for work.  We scheduled our own departure time, there was no dealing with TSA, no long layovers, or sitting next to someone obnoxious (well, Ryan may disagree with that last one!).  I met him at the airport and we were taking off soon after arrival.

But I am clearly a new fan of Cirrus Aircraft.  They did not need to let me bum a ride with Ryan, but their dedication to wanting people to experience flight (especially flight on a Cirrus) was true and real.  It was a very comfortable trip, and I had only one disappointment.... that it was over too fast.  The three hours flew by (no pun intended).  Once I had reached my destination I wished that I could have that type of travel experience on a regular basis.

Thanks to Ryan and the rest of the folks at Cirrus, this is a day I will not forget.

Have A Great Day

thom singer

UPDATE - Two Weeks Later.  I have continued to think about my flight.  I understand clearly why the community of pilots is unique, and they really do love aviation.  I have enrolled in an online "ground school" course (See www.asa2fly.com for more info) to better learn the basics of flight and understand all that is involved in getting a private pilots certificate.