Alumna Profile: Mary Fitzgerald

Education:
JD/MBA, Tulane University, ’01
BA, Industrial & Labor Relations, Cornell University ‘94

Extracurricular at Tulane:
President, Tulane Sports Law Society; Editor in Chief, The Sports Lawyers Journal; Writer, The Sports Lawyer Newsletter; Freeman School of Business Consulting Group. Volunteer work for New Orleans Saints Outreach, New Orleans Brass Hockey, and the EEOC.

Biography:

Mary has been working with Pop Warner since 2003 concentrating on business development, fundraising and licensing for Pop Warner, and is responsible for all marketing, operations, strategic planning and policy writing. Mary’s work focuses on drafting contracts, proposals and organizational policies. Mary also manages the Internship Program working closely with many area universities to provide opportunities for students, and oversees all organizational communications and public relations.

Mary received a JD/MBA from Tulane University where she served as Editor-in-Chief of The Sports Lawyers Journal and President of the Sports Law Society. Mary’s publications include “The Court of Arbitration for Sport: Doping and Due Process During the Olympics” and “Sports Law.” Mary continues to serve on the Tulane Sports Law Advisory Board acting as a mentor for current students looking to start their careers in the sports industry. Prior to joining Pop Warner, Mary was Manager of Business & Legal Affairs at Fox Sports in Los Angeles, and also clerked for the National Football League and worked for the NHL’s Minnesota Wild as they prepared for their inaugural season.

Mary serves as President of the NFL Research & Education Foundation Board and also serves as a Board Member for Kellogg’s Frosted Flakes’ Earn Your Stripes Program which focuses on keeping kids healthy and active. She holds memberships in the Sports Lawyers Association, & Women in Sports & Events (WISE), and volunteers for the St. Vincent de Paul Society, Our Mother of Consolation Church, the Leukemia & Lymphoma Society’s Team in Training Program and various animal welfare groups in Philadelphia.

Mary is an avid Giants fan from New York City who resides in Philadelphia with her husband, son and various other four legged family members.

Question and Answer:

What was your favorite class and professor at Tulane?
As a 1L, I enjoyed Ponoroff’s Contracts, I loved any class with Prof. Carbonneau, and of course Sports Law was worth the wait.

What was your favorite thing to do in New Orleans?
So much to choose from, but I guess the things I miss the most are the fabulous array of live music and running along the levee.

What's your fondest law school memory?
Publishing The Sports Lawyers Journal and celebrating everyone’s hard work at our final sports law banquet.

Why did you choose Tulane?
I was originally planning to stay in NYC and attend school part-time while I continued working, but Tulane’s Sports Law Curriculum was so impressive it was the only out of area program to which I applied. I visited to check out the school and the city and I never looked back.

What are the ways in which Tulane helped to prepare you for your career? Which courses and professors were the most important for you?
The overall legal training proves valuable in a myriad of circumstances, and the clinical courses and seminars are what makes Tulane’s program stand out. Practical training atop an excellent legal foundation prepares you well for whatever you may encounter in your career path, and the relationships you form are equally as important. Particularly, the intellectual property courses and seminars in arbitration and mediation were most remarkable.

What made you want to work in sports law?
I am one of 8 kids and growing up in NYC sports was always a central factor in our lives. I was working as a reinsurance consultant traveling and enjoying the analytical and transactional elements of my work, yet felt the subject matter was less than scintillating. In Scottsdale, Arizona, after a late business dinner, a client started taking insurance files out in the parking lot and I knew I wanted to be passionate about what I do in my career, and for me that included the industry not just the job duties.

Describe your career path:
As a 1L, I joined the Society and began networking with the help of great alums like Tandy O’Donoghue and Mike Tannenbaum. I started seeking internships and advice. I worked at a law firm part-time in school which did some work with the Greater New Orleans Sports Foundation and gave me the opportunity to work on those contracts. In my second year, we organized a Symposium in order to provide students with more opportunities to interact with members of the industry, and this led to my first internship at the NFL Management Council, which enabled me to realize I wanted to be more involved in the business end and not just the legal side, so I decided to take my GMAT’s and worked to obtain my MBA. Attending Sports Lawyers Association Conferences and keeping in contact with other industry professionals I had spoken with enabled me to obtain another internship, and when my post-grad job at a sports media company fell through after the dot.com bust, I was able to work for the NFL for the season until I found a full-time position at FOX, through the assistance of a Tulane alum who was there and passed my resume along. When the NFL Youth Fund was looking for a business and legal person to help Pop Warner, my name surfaced and returning to football was too tempting to pass up, so I left the LA sunshine for Philadelphia and here I am nine years later.

How would you describe a typical work day?
There is no set routine which I love, but usually involves some or all of the following - drafting contracts or proposals, clarifying policy positions, negotiating deal terms, fielding questions from volunteers, planning for events, traveling to meet with partners and programs, and looking for room in the budget.

How would you compare your work at FOX to your work at Pop Warner? Are they similar in any way?
At my brief time at FOX I was able to do a lot of transactional work which helped me as I set out to draw up business contracts at Pop Warner and solidify our rules and policies. Both are similar in that at FOX the national sales and marketing team served as a resource for all of the sales reps in the field and at National Pop Warner, we play a similar role for our regional and league administrators.

What is the best part of your job?
I love helping people, so playing a small part in exposing kids to sports while emphasizing the importance of academics is truly a perk, and meeting people from all across the world keeps life interesting.

What is the worst part of your job?
People with their own agendas who interfere with the success of the program. Thankfully the wonderful volunteers and staff I work with outweigh those people by far.

What do you like best about your career?
I like not knowing what lies ahead – new challenges, new opportunities, new connections. There is always more to do, and finding ways to improve our programs and help more kids keeps me energized.

If you could give one piece of advice to current students, what would it be?
Quite simply - don’t rule anything out – all our paths are different. Get involved as a student as much as possible – join the Sports Law Society, obtain internships, start writing, attending events, and don’t be afraid to reach out to alums and others who want to help you. Learn how to differentiate yourself but stay faithful to your skill set and goals. If economic reasons dictate you need to work elsewhere, honing your skills in another industry may be the best means for a successful sports law career later on.

What do you think a law student’s biggest misconception may be about practicing sports law?
That they will be satisfied in their careers because of the name on the door instead of focusing on the type of work they will be doing. Try out as many things as you can so you can learn what type of work you enjoy and what types to avoid.

What do you think is the biggest issue in sports law/business today?
Athlete health and safety.

What do you think will be the biggest issue in sports law/business in five years?
I think we will see new intellectual property issues arise as leagues expand globally and as new media develops.

Which areas of the law are most germane to your practice?
Contracts, Torts, and IP.

Mary Fitzgerald’s Publications Include: 
“The Court of Arbitration for Sport: Doping and Due Process During the Olympics.” 7 Sports Law J. (2000).

“Sports Law,” Book Review, 6 Sports Law J. (1999).

MLB Agent Marc Kligman Speaks to the Tulane Sports Law Society

On Friday, August 24, 2012, the Tulane Sports Law Society welcomed Tulane Law alumnus and baseball agent Marc Kligman back to campus as the first guest in our annual Speaker Series. (View Marc’s Alumni Profile here) Kligman discussed his path to success as a baseball agent and gave some advice to members of the Sports Law Society based on his experience. Kligman was a self-described jock in high school, who went on to play baseball at Johns Hopkins, although he never played professionally. He came from a sports family and always loved coaching, especially coaching his kids’ teams, which he thought could be a conduit toward being an agent. While at Tulane Law, Kligman competed on the mock trial team, making the ATLA team as a lawyer in his first year. After graduating law school in 1995, he decided that he did not want to work in the mailroom of an agency, but wanted to begin his career as a lawyer so he worked with the San Diego County Public Defender’s office, later forming his agency, Total Care Sports Management (TCSM), in 1998. Eventually he left the public defender’s office to start his own criminal defense firm and build up TCSM. Kligman briefly discussed some differences between MLB and NFL agents, including the requirement that MLB agents actually represent a client on a MLB team’s forty man roster. He also explained some of the more difficult aspects of being an MLB agent such as terminable at-will contracts. In discussing the arbitration process, he commented that the players are happy with the arbitration system in general. Although it may be difficult to get a player to arbitration it can be an exciting and rewarding experience for an agent. He cautioned students interested in becoming an agent to know what they are getting into, to prepare thoroughly, and to work hard. “It’s not who you know; it’s what you know, how hard you work, and how you treat people,” he said. Despite the difficulties in pursuing a career as a sports agent, Kligman also talked about the joy of representing clients and the benefit one can derive from forging relationships with players. He also answered questions concerning arbitration preparation and contract negotiations. Coming as it did one week before Hurricane Isaac cut off power to New Orleans for days, perhaps the best piece of advice Kligman gave the students was “Don’t get caught in a hurricane.” You can see more pictures of Marc Kligman’s visit on the Sports Law Society’s Flickr page.

Sports Law Society Announces Dodgeball Tournament Fundraiser

The Tulane Sports Law Society is excited to announce a charity dodgeball tournament to raise money for the Devon Walker Fund and the Sports Law Society.  The tournament will be held on Tulane's campus in New Orleans at the Reily Center facilities on Saturday, October 20, 2012.  Teams will compete in bracket-style dodgeball matches for prizes.  Teams of six to eight persons are permitted – six players are allowed on the court during each match, with two extra players permitted as alternates or substitutes.  The cost is $80 per team for teams that register before Wednesday, October 17.  The registration fee will increase to $100 per team for teams that register from Thursday, October 18 up until the start of the tournament on October 20.  Proceeds from entry fees will benefit the Devon Walker Fund and the Tulane Sports Law Society. Teams are encouraged to raise additional money for the Devon Walker Fund and bring the funds to registration on October 20. All proceeds from team fundraising will go directly toward the Devon Walker Fund. Prizes will be awarded to the top teams in the dodgeball tournament, to the team which raises the most money for the Devon Walker Fund, and to the team with the best name and uniforms. On the day of the tournament, registration will begin at 8:30am, with dodgeball action starting at 9am.  More details will be announced as they are finalized. Additional information will be posted here on the Tulane Sports Law Blog and distributed to any registered teams. Space is limited, so register early! To register your team, or to request more information, please contact the Sports Law Society via e-mail: tulanesls@gmail.com.  To register, submit your team name, the names of your team members, and a contact phone number and e-mail for your team. If you are interested in helping to sponsor the event, please e-mail the Sports Law Society.  To learn more about the Devon Walker Fund, please visit the website. We look forward to seeing you on October 20 for a great cause and a fun day of dodging, dipping, diving, ducking, and …. dodging!

A Review of the National Baseball Arbitration Competition

Nearly four months ago the Tulane Sports Law Society hosted the 5th annual National Baseball Arbitration Competition. Like most other law school moot court competitions, the National Baseball Arbitration Competition's main goal is to provide participants with the opportunity to sharpen their oral and written advocacy skills. However, this competition is unique in that it allows law students to sharpen these skills within the specialized context of Major League Baseball’s salary arbitration proceedings.  Every year, teams from law schools across the country compete for two days in simulated salary arbitrations modeled closely on the procedures used by Major League Baseball.

The final round of the competition featured Thomas Jefferson School of Law (left) and The University of Virginia School of Law (right)     The final round was judged by Scott Shapiro (agent at Praver Shapiro Sports Management), Clark Griffith (former Owner of the Minnesota Twins) and Jon Fetterolf (Partner, Williams and Connolly).     The first panel, “The New CBA: Change and Continuing Peace” featured Larry Silverman, Steven Fehr, Clark Griffith, Bryan Minniti, Marc Kligman, and Professor Gabe Feldman.       The second panel, “Hot Topics in Baseball: International Issues, Arbitration Today, and More” featured Jay Reisinger, Jorge Arangure Jr., Scott Shapiro, Jon Fetterolf, and TJ Henry.       2012 Tulane National Arbitration Competition Champion: The Thomas Jefferson School of Law: Justin Heim, Sam Ehrlich, and Daniel Nguyen with competition chair TJ Henry       Second Place: The University of Virginia School of Law, Caitlin McLaughlin, Stacy Chung and Scott Galla with competition chair TJ Henry       Semifinalists: The Columbia/NYU team of Michael Hofer and Matthew Rotbart with competition chair TJ Henry .     Semifinalists: Wisconsin’s Jeffrey Gross and Zack Lackey with competition chair TJ Henry . In addition to the competition, the event concludes with a symposium. The symposium is comprised of panel discussions on current issues in major league baseball featuring guest arbitrators and prominent members of the baseball community. This year’s panel discussions were “The New CBA: Change and Continuing Peace” featuring Larry Silverman, Steven Fehr, Clark Griffith, Bryan Minniti, Marc Kligman, and moderated by Professor Gabe Feldman; and “Hot Topics in Baseball: International Issues, Arbitration Today, and More” featuring Jay Reisinger, Jorge Arangure Jr., Scott Shapiro, Jon Fetterolf, and moderated by TJ Henry. This year’s competition was easily the most competitive one yet, as every school showed up with a great knowledge of the MLB arbitration process. Additionally, this year’s judges were the most distinguished yet. Out of the 40 teams which competed this year, the team from Thomas Jefferson School of Law (Justin Heim, Daniel Nguyen, and Sam Ehrlich - coached by Randy Grossman) took home first place in a very close final round against the team from the University of Virginia School of Law (Stacy Chung, Scott Galla, Caitlin McLaughlin). This year’s semifinalists were the teams from Wisconsin School of Law (Jeffrey Gross and Zack Lackey), and the Columbia/NYU Law team (Michael Hofer and Matthew Rotbart). The lineup of guest arbitrators and panel members for the competition included: Nona Lee, Senior Vice President and General Counsel of the Arizona Diamondbacks  Jon Fetterolf, Partner, Williams & Connolly LLP in Washington D.C. Larry Silverman, former Senior Vice President and General Counsel, Pittsburgh Pirates Darren Heitner, Attorney, Wolfe Law Miami P.A.; Chief Editor, SportsAgentBlog.com Jorge Arangure Jr., Senior Writer, ESPN The Magazine Marc Kligman, Baseball Agent, Total Care Sports Management Bryan Minniti, Assistant GM of the Washington Nationals  Steven Fehr, Outside Counsel to the MLBPA Scott Shapiro, Agent at Praver Shapiro Sports Management Jay Reisinger, Partner at Farrell & Reisinger, LLC Clark Griffith, Attorney; AAA Arbitrator; former Owner and Executive Vice President of the Minnesota Twins and former Chairman of Major League Baseball Properties. Here is what some of the judges had to say about the competition: "Frankly, I am the one who needs to thank you and everyone at Tulane for the job you all do on this event.  It is first class all the way and I had a wonderful time again this year.” – Larry Silverman, former Senior Vice President and General Counsel, Pittsburgh Pirates. “You did a great job putting together and managing the event.  It was truly my privilege to be included.” – Nona Lee, Senior Vice President and General Counsel of the Arizona Diamondbacks.  “Pulling off a competition/event of this size is a monumental task. I have participated in many symposiums over the years and this was definitely one of the smoothest. Roll Wave!" - Scott Shapiro, Agent at Praver Shapiro Sports Management. "It was my absolute pleasure to take part in this event.” - Jorge Arangure, Senior Writer, ESPN The Magazine. "The event was fantastic” – Darren Heitner, Attorney, Wolfe Law Miami P.A.; Chief Editor, SportsAgentBlog.com. For more information regarding the National Baseball Arbitration Competition, visit the Competition’s website or email us at tulane.baseball.arbitration@gmail.com.

2012 Sports Lawyers Association Conference Review
By Ian Gunn

The Sports Lawyers Association hosted the annual Sports Lawyers Association Conference in San Diego, CA from Thursday, May 10, 2012, to Saturday, May 12, 2012. Tulane’s Sports Law Program co-sponsors the conference, and over 25 Tulane law students attended the conference this year, more than any other law school in the country. Tulane also hosted a reception for Tulane sports law alumni and other sports lawyers at the conference. You can see photos from the reception on our Flickr page here.

If you missed the conference, or cannot remember some of the more interesting issues discussed, a brief review of some of the panels and speakers from the weekend follows.

Tulane’s own Professor Gabe Feldman spoke first on Thursday, giving an overview of recent legal developments in sports. Some of the issues he discussed:

Labor: Feldman briefly elaborated on the NFL lockout and the Brady v. NFL case as well has the NBA lockout, La Liga strike, MLB labor peace, the Redskins-Cowboys salary cap dispute, and the California workers’ compensation law for NFL players. He discussed two cases related to drug testing (Ryan Braun and D.J. Williams/Ryan McBean) and noted that the MLB’s new CBA allows for random HGH pre-season and off-season testing in addition to “for cause” testing during the season.

Intellectual Property: Feldman discussed the arguments in two cases against Electronic Arts, one regarding EA Sports’ NCAA Football game and the other regarding its Madden NFL game. Perhaps the highlight of the talk was the discussion of a suit by the United States Olympic Committee for trademark infringement against an organization called the “Redneck Olympics.”

Contracts: Feldman delved into both the “morals” clause issue in the Rashard Mendenhall Twitter case as well as the outcome in the Marist v. Brady case.

Antitrust: Feldman also brought up the Joseph Agnew suit against the NCAA for its prohibition on multi-year scholarships.

Torts: The Indiana Court of Appeals stated that tort liability could apply in recreational sports if the injury was not sustained as part of the ordinary course of the game or if there was an unreasonably increased risk beyond those normally encountered in the sport. Feldman also laid out the NFL Players Association’s three main arguments in the Bountygate case: 1) the CBA provides a release from punishment for pre-CBA player conduct; 2) out-of-contract bonuses should be heard by an arbitrator; 3) the players are being punished for on-field conduct, and therefore their appeals should be heard by Ted Catrell and Art Shell.

Thursday’s first panel followed Professor Feldman’s review of sports law news. The panel was “College Conferences and Their Own Networks: Will College Sports Be Changed Forever?” Stephanie Vardavas of Irenic, LLC was the moderator, and the panelists were Karen Brodkin (Executive VP of Fox Cable Networks, LLC), Woodie Dixon (General Counsel and VP of Business Affairs for the Pac-12 Conference), and Kevin Sweeney (Shareholder at Polsinelli Shughart).

Kevin Sweeney provided a historical overview of the issue and how the landscape has evolved. For example, the first NCAA “Game of the Week” contract with NBC in 1952 was for $1.14 million. The new ACC-ESPN contract is worth about $3.6 billion. In what Sweeney called the “Restricted Era,” universities viewed television as the enemy. Power shifted from the schools themselves to the NCAA to market television rights as a single entity. The popularity of sports increased during this era, despite the limited broadcasting of games. The “Deregulated Era” followed the Restricted Era, and rights fees fell, creating the need for other sources of revenue such as sponsors. In the current “Digital Era,” nearly every major sports game is already available or will be available.

Woodie Dixon spoke about the PAC-12’s new network and how the conference has handled its television rights. The PAC-12 Conference insisted that all media rights to the different conference teams go to the conference. The key for the conference network is that it owns all of its schools’ media rights, allowing it to keep institutions in the conference and increasing the conference’s bargaining power against the networks. Dixon stated that having the schools on the same page is important to driving the network. He also confirmed that the PAC-12 channel will have regional networks focused on specific areas of the conference (such as the state of Oregon).

The panel agreed that all of the major conferences will create some type of distribution outlets, whether that consists of their own network or a partnership with a previously existing network.

The next panel on Thursday was “Counseling Your Client in a Crisis Situation.” Craig E. Fenech of the Law Offices of Craig E. Fenech served as moderator. Panelists included Gregg Clifton (Partner at Jackson Lewis LLP), Steve Fehr (Outside Counsel for the NHLPA and MLBPA), and Derede McAlpin (VP of Levick Strategic Communications).

The panelists told a few “war stories” of crises they had experienced and offered advice on how to deal with crisis situations. Craig Fenech said that in a crisis there are typically two problems: a legal problem and a reputation or media problem. His advice: first, ask what is the crisis? Second, ask what is the worst possible thing that could happen here? You have to swing the media pendulum your way, for example by talking to a friendly reporter. In a crisis situation, assess the problem, deal with the media, investigate, and dispose of the case. To do these things, you must first assemble the proper team, determine the problems at hand, and then deal with the legal and media issues.

Steve Fehr said that the most dominant force in crisis situations is the media. He emphasized four things to do in a crisis: sleep, control your message, keep your perspective, and keep your sense of humor. If you say something to the media, control the circumstances and only do it if you know what you want to say.

Gregg Clifton said that an important consideration is whom you are representing. There may be different issues and different perspectives based on whom you represent. You need a crisis management team, because a crisis will occur, and it’s better to prepare for it ahead of time and have a plan in place. For a corporate or university client, make sure your representative or speaker truly represents your client. Identify the crisis and your client’s strengths and weaknesses, and always keep in mind how you will recover from the crisis.

Derede McAlphin stressed getting a message out quickly and controlling the narrative. When giving a statement, show concern, commitment, and action in regard to the problem. Understand the news curve and master the media, whether it be traditional or social media. Some common mistakes include being defensive, making weak comments, using the wrong messenger, and issuing a “no comment.” Don’t forget that a crisis can be an opportunity.

The last session on Thursday was a town hall debate titled “Collective Bargaining: Winners and Losers.” David Cornwell of DNK Cornwell, LLC moderated the discussion. Panelists included Ron Klempner (Deputy General Counsel of the NBPA) and Professor Stephen Ross (Pennsylvania State University Dickinson School of Law).

The panel heavily discussed who won or lost in recent major sports collective bargaining disputes; however, the panelists failed to reach a consensus about any definite winners or losers with the exception of NFL rookies. The panelists agreed that NFL rookies lost in a few ways, most notably with the introduction a small pool of money to sign all draft picks, therefore decreasing rookie salaries in the NFL.

The first panel on Friday was “Ethics for Sports Lawyers, The Lawyer’s Dilemma: Ethics vs. Reality.” Libba Galloway (Executive Director of the Professional Association of Athlete Development Specialists) moderated the discussion. Panelists included Richard Karcher (Professor of Law and Director of the Center for Law and Sports at Florida Coastal School of Law), Robert Lattinville (Partner at Stinson Morrison Hecker LLP), Doyle Pryor (Assistant General Counsel of the MLBPA), and Bob Wallace (Partner at Thompson Coburn LLC). The panel discussed issues in sports law ethics and the various dilemmas that sports lawyers may encounter.

The second panel, “Title IX: 40 Years Later” examined how far women have come in sports since Title IX and how far they still have to go. Matthew Mitten (Professor of Law and Director of the National Sports Law Institute and LLM in Sports Law Program for Foreign Lawyers at Marquette University Law School) moderated the panel. The panelists were Barbara Osborne (University of North Carolina, Chapel Hill), Allison Rich (Athletics Consultant for JMI Sports LLC), and Ray Yasser (University of Tulsa). The panel focused on Title IX proportionality and real enforcement. Sham rosters, limited events, and cosmetic compliance do not constitute real adherence to Title IX.

After the Title IX panel, the Sports Lawyers Association honored Dick Moss, Former General Counsel and a Co-Founder of the MLBPA with its 2012 Award of Excellence during a luncheon.

After lunch, the next session was “The Olympics Games as Showcase – Anticipated Issues.” Maidie Oliveau (Counsel for Arent Fox LLP and Arbitrator for the Court of Arbitration for Sport) moderated the panel, which consisted of Gary Johansen (Associate General Counsel for the U.S. Olympic Committee), Sonja Keating (General Counsel and Senior VP of the U.S. Equestrian Federation, Inc.), Christopher McCleary (Associate General Counsel, Global Brand and Client Management for Visa Inc.), and Leah Tuffanelli (Senior Advisor Business Affairs for MATCH Services AG).

The big issue for this panel was a discussion of sponsorship and ambush marketing. The panel reviewed how ambush marketing is affecting sporting events like the Olympics, and how different entities are dealing with the problem. The panelists suggested a few ways to address ambush marketing: 1) traditional legal protections (trademarks, copyright, design rights); 2) ad regulations; 3) contractual restrictions (ticketing terms and conditions).

“Gambling and Corruption in Sports” followed the Olympics panel. Ryan Rodenberg (Florida State University) moderated. The panelists were Anthony Cabot (Partner at Lewis and Roca LLP), Kevin Carpenter (Lawyer and Executive Contributor for LawinSport), Jay Moyer (Special Counsel for the NFL), and Jay Rossello (Director of Legal Affairs and Assistant General Counsel for the NCAA).

Jay Moyer reviewed a history of gambling, explaining that only three states had approved systems of sports gambling prior to the passage of PASPA in 1992: Nevada, Delaware, and Montana. PASPA bars legalized gambling on sports in any way that didn’t already exist prior to 1993. Jay Rossello stated that gambling is a bigger problem in Division III than Division I and that the sport with the most gambling in the NCAA is golf. Rossello believed that gambling was less prevalent in Division I because of the increased scrutiny on Division I sports. The rest of the panel discussed the likelihood of the widespread legalization of gambling in the United States as well as other issues. For example, in fantasy sports, there is no federal solution to gambling because the internet is subject to state law where the servers are and also to state law where the players are, so a 50-state analysis is necessary to understand the legal environment of fantasy sports. Kevin Carpenter stated that he expects widespread legalized gambling to exist in the U.S. in the next 10 to 15 years.

A variety of breakout sessions followed the “Gambling and Corruption” panel to finish the Friday program. Here is a list of the topics covered:

• Worker’s Comp Issues Unique to Pro Athletes
• Insurance Coverage for Live Sporting Events
• Teaching Sports Law
• Hot Topics in NCAA Legal Issues: Agents and Amateurism
• Professional Sports Team General Counsel, Legal Update
• ADR Issues in the Olympics and Major Sports
• Legal Issues Involving Immigration and Sports
• Important Tax Considerations in Representing Sports Figures
• Motor Sports 2012: Current Trends and Issues
• Athletes and Philanthropy: Risks and Reward
• Sports Law Analytics
• Television, IP, Risk Management, and Legal Perspectives involved in Emerging Sports (Rugby, Snowboarding, etc.)

On Saturday morning, the SLA Conference hosted the “Executive Directors’ Forum” comprised of the executive directors of the major sports player associations or their representatives. The panelists were Richard Berthelsen (General Counsel for the NFLPA), Steve Fehr (Outside Counsel for the NHLPA and MLBPA), Ron Klempner (Deputy General Counsel for the NBPA), and Michael Weiner (Executive Director and General Counsel for the MLBPA).

Michael Weiner discussed collective bargaining in the MLB and emphasized that you cannot begin negotiations wanting to reach labor peace. You need to go for what you want. He discussed some of the changes in the new CBA, including the concept that the extra wild card game enhances the value of winning the division. Another important change for the players was that pensions begin running when a player starts playing - players become vested immediately.

Steve Fehr stated that his brother, Don Fehr, has restructured and stabilized the NHLPA. He said that problems with teams’ finances may factor into the upcoming NHL CBA negotiations. The negotiations will also focus on concussions (what the state of the science is and what the league should do about concussions) and disciplinary issues (currently NHL players have no right to have a neutral person decide any disciplinary cases).

Ron Klempner said that the NBA players asked themselves what they wanted going into CBA negotiations. They came up with a 10-point platform, and Klempner walked the SLAC attendees through the goals and how the players attempted to achieve them.

1. Guaranteed contracts. The threat to this was the salary cap, so they kept the NBA-style flex cap with certain exceptions.
2. Preserve the middle class. They kept the mid-level exception, and increased the team minimum salary level.
3. Fair revenue split. The players knew that the 57-43 BRI split was not working for the owners; and despite getting a smaller percentage of BRI, the players are still getting comparable money because of increased revenue.
4. Avoid the owners’ goal of splitting gross revenue, not net. Players kept the split specific to BRI, not gross revenue.
5. Avoid roll-backs, and honor all contracts.
6. Create easier player movement with looser exceptions.
7. Provide for freedom sooner. Restricted free agents have better opportunities now, and teams have only three days to match other teams’ offers.
8. Benefits and programs. One example: 1% of BRI goes to an annuity for players.
9. Curb league discipline.
10. In-season days off. Players now have a fixed number of days off.

Klempner emphasized that the players were motivated by altruism, not avarice. The players gave up money in the lockout for future benefits they won’t see, because the average playing career for players is far less than the length of the CBA.

Richard Berthelsen said that players will actually get about 55% of revenues in football under the new CBA. The players did the best they’ve done revenue-wise in over five years. He emphasized that NFL rookies did not lose in the recent negotiations. Berthelsen argued that reduced off-season activities should lead to healthier players and a longer playing career for most players.

An attendee asked how the players associations could represent injured players while at the same time advocating for the players who caused injuries. Weiner answered that the unions don’t represent one player against another. He explained that a union is obligated to defend a player who is suspended. Weiner emphasized that that does not mean the players associations approve of the behavior that resulted in suspension, but there’s still a duty to defend the players. Fehr added that unions want an appropriate process in addition to rules to prevent injuries. He stated that rules to prevent injuries are important, but the disciplinary process for rule infractions needs to be fair as well.

The second session on Saturday was the “General Counsels’ Forum” moderated by Dennis Curran (Senior VP/Labor Litigation and Policy for the NFL). The panelists included Daniel Rube (Senior VP and Deputy General Counsel for the NBA), Gary Gertzog (Senior VP – Business Affairs and General Counsel for the NFL), and Thomas Ostertag (Senior VP and General Counsel for the MLB).

Daniel Rube stated that the NBA came out of the lock-out with increased popularity and fan participation in the game. He also said that despite the compressed schedule, each team added only two more games per month on average, with a shorter training camp. Rube stressed that he did not believe the compressed schedule contributed significantly to the many high-profile injuries players suffered near the end of the season and in the playoffs. He also discussed a few individual NBA teams. Rube said that he believes Tom Benson is the “perfect owner” for the New Orleans Hornets, that the “future looks bright” for the Brooklyn Nets, and that it’s been a “bumpy ride” for Sacramento. He emphasized that a new revenue system was necessary to avoid sharing losses of less financially sound teams.

Thomas Ostertag spoke briefly about the Los Angeles Dodgers situation. He said that the league was determined that a team not be able to use a bankruptcy court to pick and choose MLB rules it wants to follow. He also discussed litigation involving stealing broadcast transmissions to transfer to the internet. He said the league is working hard to curb copyright violations of online videos.

An NHL representative filling in for William Daly stated that player safety had been an important focus of the NHL and one of the reasons why the league has created a Department of Player Safety. The NHL has had success this year with broadcasting, having all playoff games televised nationally on NBC, NBC Sports, and CNBC. However, rule changes, education, and guidance for players are still needed to enhance safety.

Gary Gertzog said that the NFL has an option in its ESPN deal to air a playoff game on ESPN. He also said that Thursday night football games will start in Week 2 this year. Gertzog confirmed that AEG is working on a downtown site for a potential Los Angeles NFL stadium. He also said that the NFL may play a second football game in the United Kingdom in 2013, but insisted that no team will be stationed in the U.K. any time soon. Gertzog also said the NFL is dealing with unique IP claims by defending against patent claims.

The conference concluded on Saturday with the last panel discussion, “Breaking into the Sports Law Industry.” Benjamin Starr of Fox Cable Networks, LLC moderated the panel. The panelists were Jason Cohen (Competition Counsel for NASCAR, Inc.), Kari Cohen (Associate Counsel for the Brooklyn Nets), and Ben Tario (Associate Director of Technology and Operations for the Atlantic Coast Conference).

The 2012 Sports Lawyers Association Conference had over 600 attendees. The SLAC is a great way to continue to learn about the different areas of sports law and network with other sports lawyers. Mark your calendars now for the 2013 conference which will be May 16, 2013, to May 18, 2013, at the Intercontinental Hotel (Buckhead) in Atlanta , Georgia.

By any measure the 2011-2012 academic year was a big one for the Sports Law Program at Tulane. We hosted an array of speakers, overhauled our web presence, held two competitions, announced a partnership with the National Basketball Retired Players Association, and participated in the formation of the Tulane Center for Sport. This year’s events are all part of our ongoing effort to maintain Tulane Law School as the premier school for sports law.

Tulane Sports Law Speaker Series Additional photographs of the event can be viewed here In an effort to expose students to current issues in the sports industry and to educate them about the varied careers and paths to success in sports, we created the Tulane Sports Law Speaker Series. Through the Speaker Series we hosted a wide array of individuals working in the sports industry who spoke to students about their careers, current issues in sports, and advice about breaking into the industry. Some of this year’s speakers include DeMaurice Smith, Executive Director of the NFLPA, Dell Demps, General Manager of the New Orleans Hornets, and Tandy O’Donoghue, Senior Vice President at the WWE. With over 100 guests in attendance, Mr. Smith spoke about the joys and challenges of representing professional football players.  The central theme of Mr. Smith's speech was that players should be viewed as people first and players second.  He suggested that such a paradigm shift is necessary at all levels of competition if we are to succeed in protecting the health and safety of those who play the game of football.  The Speaker Series also included a panel discussion of hot topics in the NCAA, held during the Final Four and moderated by third-year student, Andrew Sensi. The panel included two Division One Athletic Directors, two NCAA compliance officials, and a sports lawyer with expertise in representing student-athletes. The event even made its way into Sports Illustrated. The list of speakers this year includes multiple alumni, to whom we are extremely grateful for their continued support of the program. For a complete list of the distinguished guests to speak at Tulane this year, click here.

Upgraded Web Presence Among this year’s biggest accomplishments is the overhaul of the Tulane Sports Law Program’s web presence. One aspect of the overhaul was the creation of our Twitter account, @TulaneSportsLaw. Members of the sports law society regularly tweet information about the program as well as provide links to current issues in sports law and business. In combination with the Twitter account, we worked to keep alumni, practitioners, students, and others informed about current events in sports law and business by creating a “Friday Sports Links” section on the newly established website. This is a weekly posting which provides an overview of the biggest news over the past week in sports law and business, and provides links to all the top stories. This is an invaluable tool for those in the industry wishing to keep abreast of the latest news and events in sports law. Another major addition to the new website is our blog. We use the blog to update readers on current sports-related events at the law school, such as speakers and panels. The blog also provides students the opportunity to display their legal writing and analytical skills by publishing articles on hot topics in sports law. Lastly, the website features both a Student Biography section and an Alumni Profile section. The Student Biography section allows interested parties to get to know our students and connect with them on a more personal level. The Alumni Profile section enables current and prospective students to see the varied paths to success in the sports industry as well as a way to get to know some of our most successful alumni. Once again, a big thank you is due to all the alumni who participated. The website and our entire web presence continue to be works in progress and we are committed to improving both in the upcoming academic year.

Creation of Tulane Center for Sport Dr. Gregory Stewart evaluates a former football player.   In January, Professor Gabe Feldman and Dr. Gregory Stewart teamed up to create the Tulane Center for Sport, a multi-disciplinary program for athletes and sports institutions. The center hopes to combine resources from the Tulane Institute of Sports Medicine and the schools of business, medicine, and law to become a one-stop shop for all programs aimed at athletes and those working in professional sports. The creation of the center was quickly followed by an announcement that the National Football League selected Tulane University as one of only seven institutions in the country to be part of its Neurological Care Program for retired players. The program gives former players special access to the nation’s leading neurological hospitals for comprehensive evaluation of brain and spinal function along with an individually tailored treatment plan. Dr. Roger Kelley, chair of neurology at Tulane University School of Medicine, and Dr. Gregory Stewart, medical director of Tulane Centers for Physical Medicine and Rehabilitation, will lead the program.

Partnership with the National Basketball Retired Players Association During the NBA All-Star weekend in Orlando in March 2012, Tulane Law School and the National Basketball Retired Players Association (NBRPA) announced a new partnership and member program that brings Tulane law students and professional athletes together. Through the partnership, NBRPA members can submit questions directly to the Tulane Sports Law Program through the NBRPA’s official website, LegendsofBasketball.com. Under the supervision of Professor Gabe Feldman, students are tasked with researching and analyzing a variety of legal, economic, and social issues that impact retired NBA, ABA, and Harlem Globetrotters players. The legal research focuses on intellectual property rights of athletes, tax issues, contract law, worker’s compensation, and a variety of other areas that Tulane students study as part of the Sports Law Certificate.

Competitions The first panel, “The New CBA: Change and Continuing Peace” featured Larry Silverman, Steven Fehr, Clark Griffith, Bryan Minniti, Marc Kligman, and Professor Gabe Feldman.   Tulane also hosted two sports law competitions this year. In February, the Tulane Sports Law Society held the 5th annual National Baseball Arbitration Competition, and later that month Tulane’s Moot Court Board, with the help of the Sports Lawyers Journal staff, held the annual Mardi Gras National Moot Court Competition. Like most other law school moot court competitions, the National Baseball Arbitration Competition's main goal is to provide participants with the opportunity to sharpen their oral and written advocacy skills. This competition, however, is unique in that it allows law students to sharpen these skills within the specialized context of MLB's salary arbitration proceedings.  Every year, teams from law schools across the country compete for two days in simulated salary arbitrations modeled closely on the procedures used by Major League Baseball. In addition to the competition, the event concludes with a symposium. The symposium is comprised of panel discussions on current issues in major league baseball featuring guest arbitrators and prominent members of the baseball community. This year’s panel discussions were “The New CBA: Change and Continuing Peace,” and “Hot Topics in Baseball: International Issues, Arbitration Today, and More.” This year’s competition was easily the most competitive yet, as each of the 40 teams showed up with a great knowledge of the MLB arbitration process. Additionally, this year’s judges were the most distinguished yet, with 11 judges having extensive sports law experience. The Mardi Gras Moot Court Competition is just like every other moot court competition, except it is the only one in the country that focuses on contemporary legal problems confronting the sports industry. This year, 32 teams argued a timely and complex problem, based on the recent litigation surrounding the NFL and NBA lockouts. The problem asked (1) whether the Norris-LaGuardia Act prohibits district courts from issuing an injunction to enjoin a league lockout, and (2) whether a sports league's lockout is protected from antitrust scrutiny by the nonstatutory labor exemption.

Alumni Profile: Ari Nissim

Education:
J.D., Tulane University Law School, 2004
B.A., Political Science and History, University of Wisconsin, 2000

“I think that a legal background is helpful since you encounter different problems every day, and the most important thing that is taught in law school is how to look at both sides of an argument.”

Biography:

Ari Nissim is in his seventh season with the New York Jets, and sixth as the club's Director of Football Administration. His primary responsibilities include serving as the lead negotiator for the majority of the player contracts, managing the team's salary cap, and monitoring club compliance with the NFL CBA and player personnel rules.

Prior to joining the Jets' front office in February 2006, as the Manager of Football Administration, Ari was the staff counsel/director of research for Athletic Resource Management where he assisted in contract negotiations. Also, Ari has experience working for the NFL league office, as he interned with the NFL Management Council during the 2004 season, monitoring and analyzing the league-wide salary cap.

Ari received his bachelor's degree from the University of Wisconsin in 2000 and his Juris Doctor from Tulane Law School in 2004. While at Tulane, Ari interned with the Jets' pro personnel department during the 2003 training camp, analyzing contract issues and game timing projects. He also served as the Associate Editor-in-Chief of the Sports Lawyers Journal, and his article, "The Trading Game: NFL Free Agency, the Salary Cap, and a Proposal for Greater Trading Flexibility," was published in the 11th edition of the Sports Lawyers Journal. Admitted to practice law in New York State, Ari is one of the Tulane Sports Law Program's most supportive and successful alumni.

Question and Answer:

Why did you choose Tulane?
The sports law program played a big part in my choice. I wanted to go to a top law school that had a national presence and was known for sports. Tulane ultimately was the only choice.

What was your favorite thing to do in New Orleans?
Umm, study, of course!

What's your fondest law school memory?
Getting words of wisdom from Lynn Becnel…. She’s quite a Journal Publication Manager, but an even better person.

What was your favorite class and/or professor at Tulane?
Civil Procedure with Professor Collins; he had a real knack for taking a dry subject and making it really exciting.

How did Tulane help prepare you for your career, specifically which courses and professors were the most important for you?
I think the way law school makes you think helped me most of all. However, the Sports Law classes with Professor Roberts were interesting and have been of use.

While at Tulane, you were The Sports Lawyers Journal Associate Editor-in-Chief and also had an article published in the Journal. What impact did your involvement with The Sports Lawyers Journal have on your career?
The ability to write, research, and publish an article gave me the ability to delve into the salary cap and get a better working knowledge of it so that when it came time to speak to NFL clubs about potential jobs or internships I had a better understanding of the salary cap and could speak their language, thus allowing me the crack in the door I needed to get into the industry.

During your time in law school, you interned for the Jets in their player personnel department in 2003. Also, in 2004 you interned with the NFL Management Council. How were you able to obtain these internships?
There is a fine line between persistency and harassment in obtaining internships, and I was able to walk it after meeting Mike Tannenbaum when he came to speak at Tulane my 1L year. The encounter with Mike eventually led to the internship with the Jets. My work with the Jets during that internship in turn helped me get the internship with the NFL Management Council after I graduated from law school.

What was your job search process like during your 3L year?
My third year was really focused on getting a job as an intern with the NFL Management Council or an NFL Team. I researched the hiring cycles of NFL Teams by reading ESPN and other sports websites, and I planned when to send out my resumes and cover letters to coincide with this time. I also kept in contact with the people in the industry I met along the way. Networking is by far the most important part of breaking into sports. You never know who may lead to the opening you are looking for.

What would you consider to be your "big break" moment while you were trying to break into the sports industry?
My internship with the Jets in 2003. I always felt that if I had the opportunity, that is all I would need, and from there it was on me. I took that internship and never looked back. You can tell the difference when interns truly love what they are doing, instead of if they are there because working for an NFL team seems like a cool job. I never minded stocking the fridge or getting Starbucks as an intern, I was happy to be part of a team, and that hard work and determination came through.

Can you describe your career path and how you got to your current position as Director of Football Administration for the Jets?
I always wanted to work in an NFL front office, and thus when I graduated from college I focused on learning as much about the salary cap as I could by watching ESPN, reading different articles and websites and of course the NFL CBA. All of this came in handy when I was able to get my first internship with the New York Jets. Although I still had a lot to learn, I had a better understanding than many other interns, and this allowed me to hit the ground running.

Currently, you are the lead player contract negotiator for the Jets. How would you say your negotiating style has evolved over the years?
I’ve learned the importance that people place on movement during the negotiation process, thus it’s rare that you can cut right to the chase as is my preference.

In the NFL, a lot of current Directors of Football Administration, such as yourself, have a legal background. Why do you think that is?
I think that a legal background is helpful since you encounter different problems every day, and the most important thing that is taught in law school is how to look at both sides of an argument.

How would you describe a typical work day?
There isn’t a typical work day, which is part of the excitement.

What is the best part of your job?
Loving what I do.

What is the worst part of your job?
Not winning every game.

If you could give one piece of career advice to current students, what would it be?
Do something you love; if you love what you are working on, it doesn’t feel like work. Hard work and determination will take you a lot farther than you think. Finally don’t be afraid to try. It’s better to have tried and failed then to never have tried at all.

Alumni Profile: Marc Kligman

Education:
J.D., Tulane University Law School, 1995
B.A., The Johns Hopkins University, 1992

Extracurricular at Tulane:
Moot Court Board: Made ATLA National Trial Team as a 1L. Competed three years on team. Won Senior Trial competition. Public Interest Law Foundation (PILF) grant for work during summers at L.A. County Public Defender; represented inmates in parole hearings through Project for Older Prisoners (POPS), including one taped and aired on Court TV.

Biography:

Marc was born in Philadelphia, Pennsylvania and grew up in Stamford, Connecticut, a city about 45 minutes north of New York City. Marc attended King School in Stamford, Connecticut, graduating with high honors and earning ten varsity letters in football, basketball, and baseball. Marc attended The Johns Hopkins University in Baltimore, Maryland, graduating in the top quarter of his class while earning a Bachelor of Arts degree in both International Relations and Hispanic and Italian Studies.

While at Johns Hopkins, Marc played varsity baseball, worked as an Admissions Representative, and was a brother in the Alpha Delta Phi fraternity. After college, Marc went directly to law school and graduated with cum laude honors from Tulane Law School. At Tulane, Marc excelled in mock trial competitions; he was selected for the ATLA national trial team in his first year of law school and competed on the team each year of law school. Marc won the Phelps Dunbar Senior Trial Competition, a mock trial competition among all Tulane third-year law students. Marc worked on juvenile delinquency and dependency cases in Orleans Parish Juvenile Court under Professor David Katner and earned the highest grade in the Juvenile Litigation Clinic.

Marc passed the bar on his first attempt and was admitted to practice in California on December 12, 1995 and subsequently in United States District Court, Southern District of California, on July 26, 1999. Marc began his professional legal career as a deputy public defender for the County of San Diego, representing indigent persons charged with crimes. Marc founded Total Care Sports Management (TCSM) in 1998 and was certified as a player-agent by the Major League Baseball Players Association in 2000. In an effort to better build TCSM, Marc opened his own private criminal defense firm in June 1999 and has practiced criminal defense and represented professional baseball players since. During his years as a litigation attorney, Marc has been lead counsel on over 40 criminal jury trials.

Marc has superior negotiating skills, having negotiated multi-million dollar guaranteed major league contracts and seven figure amateur draft signing bonuses.

Marc has volunteered as a youth baseball coach for many years. From 1999-2004 Marc founded and managed the San Diego Aces, a wood bat summer team for 16-18 year olds, comprised of some of the top high school players in the county, many of whom now play professionally. These days, Marc volunteers his time coaching his sons' little league baseball teams and their other youth sports teams.

Marc holds a 1st degree black belt in Tae Kwon Do, a Practitioner 4 Rank in Krav Maga, and enjoys playing basketball, golf, and running.

Marc is married to Laura, also an attorney, and they have been blessed with two sons (8 and 6) and a daughter (8).

Question and Answer:

What was your favorite class and/or professor at Tulane?
I liked many classes, but I think Criminal Law as a 1L with Professor Force solidified early in my law school career my aptitude and interest in that field and directed me on my initial career path.

What was your favorite thing to do in New Orleans? 
Listen to the live local bands.

What's your fondest law school memory? 
Earning a spot on the ATLA Moot Court trial team as a 1L. This introduced me to our alumni practitioner coaches and forced me to learn trial advocacy as a 1L. I found my love of trial work, and it was the springboard for me pursuing a career as a public defender out of school. Our practitioner coaches were Chris Aubert, David Schexnaydre, and Pat DeRouen, and they taught me how to really work up and try a case with all their tested techniques. We spent countless hours together, and the trips to Dallas, Palm Beach, and Los Angeles were great fun. This trial team helped me win Senior Trial as a 3L with my partner Andrea Hoeschen, and when I got to the public defender’s office, I knew how to completely try a case except picking a jury. I was so prepared.

Why did you choose Tulane?
It was one of the better ranked schools that accepted me. I loved the city and the campus.

What are the ways in which Tulane helped to prepare you for your career? Which courses and professors were the most important for you? 
I enjoyed contracts and remedies with Professor Fuller as well as Sports Law with Professor Gary Roberts. I had Professor David Katner for Professional Responsibility my 1L year and enjoyed that course very much. I joined the Juvenile Clinic my 3L year with Professor Katner and gained valuable real world case experience. The Clinic made my 3L year and prepared me in so many ways for my law career.

What made you want to work in sports law? 
I played college baseball, and so did my brother. We were a jock family and I always thought one day I would be able to blend my love for baseball and the law as an agent. This all came together in 1998 when I started representing players.

How would you describe a typical work day?
My day varies every day. Some days I’m on the road recruiting or visiting clients. Other days, I’m working through e-mails, doing research, ordering gear for players, working on deals, or taking care of any various crises that pop up. During the off-season, I’m very busy with arbitration cases, free agency, and draft recruiting.

What is the best part of your job? 
Depositing the checks.

What is the worst part of your job? 
The constant concern over ensuring clients are happy and well serviced.

What do you like best about your career? 
Being part of boyhood big league dreams.

If you could give one piece of career advice to current students, what would it be? 
ALWAYS be honest and forthright. Your reputation is your most valuable asset. Lots of people will do incredible things for you if they like you--you would be surprised. It’s not really about “who you know” as much as it’s about “how much you know” and “how you treat the people you know.”

What do you think a law student's biggest misconception may be about practicing sports law? 
It’s easy to get a job and it’s always roses.

What do you think is the biggest issue in sports law/business today? 
For baseball players, it’s performance-enhancing drugs. The big league season is a grind, you will see a decline in performance and abilities the more the game is cleaned up.

What do you think will be the biggest issue in sports law/business in 5 years? 
Keeping a fan experience at the ballpark/stadium to something Americans can afford. It’s a very expensive endeavor for a family of four to attend a game.

Which areas of the law are most germane to your practice? 
Labor, arbitration, right of publicity, contracts.

Alumni Profile: Marc Reeves

Education:
J.D., Tulane University Law School, 2000
M.B.A., Tulane A.B. Freeman School of Business, 2000
B.A., Kalamazoo College, 1995

Extracurricular at Tulane:
Associate Editor-In-Chief, The Sports Lawyers Journal

Biography:

Marc graduated from Kalamazoo College with a BA in Economics and Political Science and was a four-year member of the tennis team, NCAA Division III Champions in 1992 and 1993. Subsequently, he graduated from Tulane University with a JD/MBA, with specializations in Sports Law, Marketing and Management.

Upon graduation, Marc was hired by IMG where he served as Vice President of IMG’s Consulting Division responsible for client management and West Coast business development. In that role, he advised companies about global strategic direction and marketing activation around various sports and entertainment properties including the FIFA World Cup, Olympic Games, Rugby World Cup, NFL, MLB, NBA, and NASCAR. Prior to joining the consulting division, Marc was responsible for business development efforts of IMG-owned properties, including the US Open of Surfing, Sony Ericsson Open, Bank of the West Classic, Battle at Bighorn, Mervyn’s Beach Bash, and Deutsche Bank Championship. In addition, he was an initiating leader in the growth and development of emerging business areas of IMG, including Action Sports, Video Gaming, and Digital Marketing.

In 2010, Marc joined the NFL as the league’s first ever International Commercial Director. In this role, Marc oversees marketing, fan development, sponsorship, and commercial efforts for the league outside of the US.

Question and Answer:

What was your favorite class and/or professor at Tulane?
Sports & IP – Gary Roberts, Trial Advocacy – Jim Cobb. But, the Pro Bono program that I worked on--helping at-risk youth at Covenant House--had the most impact on me.

What was your favorite thing to do in New Orleans?
See fantastic live music throughout the city, including the Rebirth Brass Band every Tuesday night at the Maple Leaf. And absorb all of the characters and conversations while sipping the incomparable iced coffee at PJ’s.

What's your fondest law school memory?
There are so many. I believe that I was really fortunate to be in a class with a fabulous group of fellow students, which led to many lifetime memories and friendships.

Why did you choose Tulane?
The Sports Law Program. I wasn’t interested in any other school.

What are the ways in which Tulane helped to prepare you for your career? Which courses and professors were the most important for you?
I believe that Tulane’s balance of rigorous academics and engagement in the New Orleans community serve every student well. The most important courses and professors were all of the Sports law programs led by Gary Roberts, and the Intellectual Property classes led by Glynn Lunney. But, as importantly influential was fellow student Tandy O’Donoghue, who made sure that I was 200% prepared for my interview with the NFL Players Association, which kickstarted my career.

What made you want to work in sports law?
I was always attracted to the deal-making side of sports. And everyone that I admired in the industry, from commissioners to agents to marketers, seemed to have a law degree.

Describe your career path:
I had a number of internships in the industry – sports agency ProServ (now Lagardere Sports), NFLPA, and the New Orleans Saints -- before getting an internship with sports marketing and media agency IMG during my second summer. That led to being hired out of school, and I spent nine years there, becoming Vice President and leading the company’s consulting division on the West Coast. I was then recruited to become the NFL’s first International Commercial Director in 2010.

How would you describe a typical work day?
It depends where in the world I am. Overseeing our global growth, I can wake up literally anywhere in the world. But most of the time I am working with our team to find ways to engage with our current and potential fans around the globe, and working with our partners to help them leverage our assets in the most effective way possible.

What is the best part of your job?
Having the opportunity to take one of the world’s best brands and best products and expanding it around the globe.

What is the worst part of your job?
That there is not enough time in any day to accomplish what I want to do.

What do you like best about your career?
The fact that I get to mix my passions of global learning and sports deal-making.

If you could give one piece of career advice to current students, what would it be?
Follow your own heart to the path that make you happiest. And use your legal training to help you get there.

What do you think a law student's biggest misconception may be about practicing sports law?
“Sports law” itself isn’t a practice -it’s the application of various types of law across issues that involve sports. And the best “sports lawyers” are simply great attorneys applying their skills in these disciplines.

What do you think is the biggest issue in sports law/business today?
The changing media landscape and the management of digital rights, and these areas will continue to be significant for the next few years.

Which areas of the law are most germane to your practice?
Not to my practice per se, but Contracts and Intellectual Property are the areas that are most involved in my area of business.

Alumni Profile: Mike Tannenbaum

Education:
J.D., Tulane University Law School, cum laude,‘95
B.S., University of Massachusetts at Amherst, ‘91

Biography:

Mike Tannenbaum is entering his 16th season with the New York Jets, and since 1997, has served in a variety of administrative football management positions.  Currently, Tannenbaum serves as the team’s Executive Vice President/General Manager, with responsibility for managing football operations, including the coaching staff, overseeing pro and college scouting, and supervising salary cap management and contract analysis, video and football technologies, equipment, operations, training and medical personnel, training camp, and turf management.

During his tenure as General Manager, Tannenbaum has established himself as one of the most successful and respected leaders in football. In the six seasons since Tannenbaum took over as GM, the Jets have been a .500 or better team in five of those six seasons and have twice reached the AFC Championship Game. Furthermore, he has acquired eight players who've gone on to play in the NFL's Pro Bowl and structured some of the most innovative contracts under the CBA.

Prior to his current role, Tannenbaum served as the team’s Senior VP/ Football Operations/Assistant General Manager, overseeing the team’s pro personnel department and professional scouting, and serving as the lead negotiator for player contracts, as well as being responsible for the management and strategic planning of the Jets’ salary cap . Tannenbaum also was the team's Assistant General Manager/Director of Pro Personnel from 2001-03, the team’s Director of Pro Player Development/Contract Negotiations during the 2000 season, and the team's Director of Player Contracts from 1997-99.

Before coming to the Jets, the Needham, Massachusetts native graduated cum laude from Tulane Law School where he earned his certificate in sports law.  While in law school, Tannenbaum worked as an intern with the New Orleans Saints. Then, following his graduation from Tulane, Tannenbaum worked as a player personnel assistant with the Cleveland Browns in 1995 before returning to the Saints in 1996 as a Player Personnel Assistant.

In addition to his role as Executive Vice President/General Manager of the Jets, Tannenbaum was selected to the NFL General Managers Advisory Committee in 2008, appointed to the Board of Directors of the Sports Lawyers Association in 2008, and is also a member of the American Bar Association in the Sports and Entertainment division.

Question and Answer:

What was your favorite class and/or professor at Tulane?
Sports Law-Gary Roberts

What was your favorite thing to do in New Orleans?
Walk down in the French Quarter

What's your fondest law school memory?
Being accepted by the Saints as an unpaid intern while studying sports law

Why did you choose Tulane?
For the Sports Law program.

What are the ways in which Tulane helped to prepare you for your career, specifically which courses and professors were the most important for you?
Antitrust and Sports Law gave me real world experience from the people who handled the cases.

How did you land your internship with the Saints while attending school?
I was relentless--they said no at least six times before they said yes.

What was your job search process like during your 3L year, which eventually led to a position in the personnel department of the Cleveland Browns?
I sent a book of my free agent analysis to each team.

What would you consider to be your "big break" moment while you were trying to break into the sports industry?
Being hired by the Saints as a full time employee in January of 1996.

When you were in law school in ‘93, the NFL and NFLPA agreed to a new CBA, which implemented a salary cap. How important was that for you, as someone who at that time was trying to break into football?
I was lucky—I was in the right place at the right time; I tell that to students all the time

What made you decide to leave the Saints to take the position of Director of Player Contract Negotiations with the Jets in ‘97?
It was a dream to work for Coach Parcells.

How would you say your negotiating style has evolved over the years?
I’ve become more patient and a better listener.

As a GM, how would you describe a typical work day?
7 to 7; I try to plan as much as possible, but I put out a lot of fires throughout the day.

What is the best part of your job?
Winning, and seeing a disparate group of people come together

What is the worst part of your job?
Losing--because you feel like you did everything you can to win, and it is a disappointment.

Do you think that there is a misconception in the NFL about those on the football side of the front office who come from a legal background?
I don’t worry about that; I just try to do out-work and out-prepare my competition.

If you could give one piece of career advice to current students, what would it be?
Be the first one in and the last to leave, the answer is always yes with a smile, and that is half the battle to be successful.

Alumni Profile: Warren Zola

Education:
MBA, Boston College, 1996 
JD, Tulane University Law School, 1992
BS in Economics, Hobart and William Smith Colleges, 1989

Extracurricular at Tulane:
Co-founder of the Sports Law Society

Twitter: @StudAthAdvocate

Publications:

Biography:

While a student at Tulane University Law School, Warren K. Zola founded the Sports Law Society; he graduated in 1992. Since 2002, he has served as the Assistant Dean for Graduate Programs in the Carroll School of Management at Boston College.  He also serves as the Chair of the University’s Professional Sports Counseling Panel, where he advises student-athletes pursuing career opportunities in professional athletics.  In addition, Zola teaches two graduate courses—Sports Law and The Business of Sports. As an expert in the business of sports, sports law, and the transition from college to professional sports, he has contributed to the Cardozo Arts & Entertainment Law Journal, the Harvard Journal of Sports & Entertainment Law, the Huffington Post, the Sports Law Blog, and a chapter in the recently released book Sports for Dorks: College Football.

Question and Answer:

What was your favorite class and/or professor at Tulane?

Given my career and interests, I’ll give the obvious answer, Dean Gary Roberts and Sports Law. This was a great class that helped fuel my passion for this field. I am also really glad to see that Professor Gabe Feldman has taken over since Dean Roberts left and enhanced the offerings and reputation of sports law at Tulane Law during his tenure.

What was your favorite thing to do in New Orleans?

Probably either attending Jazz Fest, especially since it signaled the end of the academic year, or working at Tipitina’s and getting to meet a slew of fantastic performers.

What's your fondest law school memory?

This is an easy one: meeting my wife, a member of the Tulane Law class of 1991. Perhaps a distant second place (very distant) would be starting the Sports Law Society and seeing it grow over the two decades since I left.

Why did you choose Tulane?

Pretty simple--it offered the best Sports Law program in the country and it happened to be in New Orleans—a winning combination in my book. Next question.

Describe your career path:

I knew I wanted to carve out some position in “sports law” but really had no idea how to do it or what that specific position would be. Over time, partly by choice and partly by luck, a path began to unfold that took me from law school to working in an athletic department to advising student-athletes to teaching and writing. Each step built upon previous experiences and connections. That said, it’s been a lot of hard work but it’s been made easier by networking and great mentors. Hopefully, the journey isn’t over yet.

What is the best part of your job?

Unequivocally helping a student-athlete transition from college to the pros and then watching them succeed in their chosen sport. Watching him or her confront challenging decisions and able to advise them throughout the process is something from which I take great enjoyment. I guess the single greatest part is having the student-athletes come back as alumni and share their stories and lives after school.

What is the worst part of your job?

Unfortunately, not every student-athlete who wants a pro career makes it. Thus, working with a student-athlete who hopes to have a career in professional athletics but, ultimately, have them realize that they are not going to make it as a professional athlete can be painful. The goal is to ensure that they have other opportunities—and having a college degree is a big part of that.

If you could give one piece of career advice to current students, what would it be?

Know that if you really want a career in a particular field, keep working at it and you’ll get there. It often becomes a question of “how bad do you want it?” Are you willing to work for free? Are you willing to hold down several jobs? Are you willing to network and travel if necessary? Bottom line, you’ll make it if you want it, but only you know if the sacrifices you make are worth it.

What do you think is the biggest issue in sports law/business today?

I think the debate surrounding the NCAA and college athletics is going to lead to major change in the next several years. From conference realignment to the interest in unionization for student-athletes to paying student-athletes the debate has gone from outspoken academics to the mainstream media over the past several months. Also, the ramifications of the Ed O’Bannon lawsuit could radically change the NCAA and college sports as well.

What do you think will be the biggest issue in sports law/business in 5 years?

Too many to select from: media rights as leagues and conferences sell their content directly to consumers, NCAA reform, PEDs, league expansion, and the next round of CBA discussions.

Why is it so important for student-athletes making the transition to the pro’s to have unbiased guidance?

Because the decisions that they face are life altering. Do I leave college early? Who do I select to help manage my professional career? How do I ensure that I can maximize my talents and potential to earn money while preparing for, on average, a very short career? Obviously there is also tension between what’s right for a particular student-athlete and a University, so I feel it’s imperative that the student-athlete and their family have someone with some experience and insight on their side. That’s what colleges should be doing—helping all of their students chase their dreams and provide career advice/guidance.

What is the most important thing for a transitioning student-athlete to know about making the jump to professional sports?

Educate yourself thoroughly. Get advice from someone who has your best interests at heart and can help you navigate the process. There are lots of people who want to ride your coattails or take advantage of you, and the more educated you become about the process, the better off you will be in the long run.

Dean Zola’s Publications Include:

Harvard Journal of Sports & Entertainment Law March 2012

“Transitioning to the NBA: Advocating on Behalf
of Student-Athletes for NCAA Rule Changes.” Link

Sports for Dorks: College Football 2011 September 2011
 
Wrote a chapter for this book, edited by Mike Leach, which aims to address the information needs of college football fans who seek a deeper understanding about the game and its intricacies. The chapter contributed is titled “Understanding the College-to-NFL Transition:  The (Cautionary) Tale of Mike Williams”.

Cardozo Arts & Entertainment Law Journal February 2011
 
"Going Pro in Sports: Improving Guidance for Student-Athletes
in a Complicated Legal and Regulatory Framework."
Co-written by Glenn Wong and Chris Deubert. Link

Huffington Post (www.huffingtonpost.com/warren-k-zola) 2011 – Present
 
Frequent contributing writer to this blog, most recent articles include: “Supporting Student-Athletes in Their Transition to the Pros: A Financial Argument,” “UConn: NCAA Rules (Still) Don’t Apply to Us,” “The Unlucky Draft Class of 2011,” “Transitioning from the NCAA to the NBA: Time for a Change in the Rules” and “I’m Begging You for Mercy.”

Sports Law Blog (sports-law.blogspot.com/) 2010 – Present

Featured and regular contributing writer to this blog which has been recognized as one of three best Sports Business blogs in the country and by the American Bar Association Journal as a Top 100 Law Blog.

In honor of the Final Four coming to New Orleans this weekend, the Tulane Sports Law Program is proud to present a panel discussion of the pressing issues facing collegiate athletics. The panel discussion will begin at 1 pm on Friday, March 30th and run for approximately one hour and 15 minutes. Immediately following the panel discussion, there will be an informal reception until 3 pm. The event will be held in room 257 of Weinmann Hall (the law school building, located at 6329 Freret Street) and is open to the public.

The distinguished panelists are:

Renee Gomila, Associate Director of Enforcement, NCAA
Timothy Epstein, Partner, SmithAmundsen
Greg Byrne, Director of Athletics, University of Arizona
Mike Alden, Director of Athletics, University of Missouri
John Long, Director of Compliance, Southeastern Louisiana University

Alumni Profile: Jim Aronowitz

Jim Aronowitz graduated from Tulane University Law School in 1998 with the sports law certificate. After practicing at two Atlanta firms, he joined the Collegiate Licensing Company (“CLC”) in 2004, where he is currently Associate General Counsel. CLC represents nearly 200 colleges, universities, bowl games, and athletic conferences, as well as the NCAA, Bowl Championship Series, and The Heisman Trophy Trust. The company was acquired by IMG in 2007 and is now a division of IMG College, the nation’s leading collegiate marketing company. Jim oversees CLC’s trademark enforcement efforts, negotiates license agreements, and provides counsel to CLC’s staff and partner institutions.

Education:
J.D., Tulane University Law School, ‘98
B.A., Political Science, The Johns Hopkins University, ‘94

Questions and Answers:

What was your favorite non-sports law class and/or professor at Tulane? And Why?

I enjoyed Professor Fontham’s Evidence class. He made what could have been a mundane class very interesting. I always looked forward to his lectures. Professor Friedman is also a favorite. He expected a lot from his students and pushed us to think and argue like lawyers.

What was your favorite thing to do in New Orleans?

I loved living in New Orleans and try to get back at least once a year. During law school, I enjoyed heading down to the Quarter, grabbing lunch at The Gumbo Shop, and just walking around. I definitely took advantage of all the great food the city had to offer.

What's your fondest law school memory?

Meeting my future wife on the first day of law school.

Why did you choose Tulane?

Before heading to law school, I knew I wanted a career that combined my passion for sports with the practice of law. Tulane’s Sports Law Certificate program was very well-known and I wanted to participate in the program. It provided a broad curriculum that covered many areas of the law that affect the sports industry.

What are the ways in which Tulane helped to prepare you for your career? Which courses and professors were the most important for you?

Law school teaches you how to spot issues and analyze them in a certain way. Tulane helped prepare me to think like a lawyer when I hit the “real world.” The course that was most impactful to me was Professor Lunney’s IP class. In taking that class I realized I wanted to practice trademark law and get involved with licensing in the sports industry.

What made you want to work in sports law?

I have been a life-long sports fan and decided at a relatively early age that I wanted a career in the sports industry. I was also interested in practicing law and believed that it would be a good basis for a career in sports. Initially, I wanted to be a sports agent; however, I later determined that being an agent was not for me. As I made my way through law school, I found that sports trademark licensing was a great way to combine all of my interests.

Describe your career path.

As I started law school, I very much wanted to be a sports agent. I worked for one agent in New Orleans the summer after my first year at Tulane and another in Chicago after my second year. While I enjoyed the experiences, I also learned that I was not meant to be a sports agent. However, during that second summer, I worked on an athlete endorsement deal. The transactional nature of the work interested me and I caught on to trademark licensing. After my internship ended that summer, I returned home to New York before my third year began and set up informational interviews with attorneys at MLB Properties, NFL Properties, and NHL Enterprises. After those meetings, I knew I wanted to get involved with sports trademark licensing.

Upon graduation from law school, and for the next six years, I worked at two law firms in Atlanta, with a focus on commercial litigation. I realized the importance of networking to create opportunities and met with many attorneys in Atlanta who focused on IP work. I also met regularly with two attorneys at CLC, who are now my colleagues. When an opportunity at CLC presented itself, they already knew me and knew of my strong interest in the position. I am now in my eighth year at CLC and enjoying the work immensely.

What is your role within the Collegiate Licensing Company?

Brand protection is the foundation of our partner institutions’ licensing programs, and CLC devotes significant resources to this important element for effectively managing these programs. My primary role is to oversee our trademark enforcement efforts. I address a number of infringement and counterfeiting matters on behalf of our partner institutions and also resolve contract breaches with licensees. I also work closely with NFL, NBA, NHL, and MLB on enforcement matters that are common to us. A good part of my day is spent advising clients, both internal at CLC and the institutions as well, on trademark related issues. I also negotiate license agreements.

How would you compare your work as in-house counsel to working at a law firm?

I do think there is a different dynamic when you work in-house, as opposed to a law firm. At a firm, you are one of several (or many) lawyers. When you work in-house, at least in my case, you are one of a few lawyers working amongst many non-lawyers. The specialized nature of our job becomes a lot more apparent. I also appreciate being involved with a business and having the opportunity to focus on both business and legal issues. To be honest, I also do not miss having to keep track of and bill time.

What is the best part of your job?

There are a lot of great people at IMG College/CLC, with diverse backgrounds and interests, and I really enjoy working with them. CLC represents more than 200 collegiate properties and working with our partner institutions on a daily basis is also a highlight. When I have the opportunity, I love getting back on college campuses. There is always a great buzz at the campuses I visit, especially when there is a game coming up. As an avid sports fan, I also enjoy attending big events such as the BCS National Championship and Final Four.

If you could give one piece of career advice to current students, what would it be?

DeMaurice Smith Visits Tulane Law School

Earlier this month, DeMaurice Smith , Executive Director of the NFLPA, visited Tulane Law School and spoke to students about the joys and challenges of representing professional football players.  The central theme of Mr. Smith's speech was that players should be viewed as people first and players second.  He suggested that such a paradigm shift is necessary at all levels of competition if we are to succeed in protecting the health and safety of those who play the game of football. 

"Part of the problem is that everyone in the system starts by thinking of the players as athletes first. That is the wrong starting point. An athlete is a person first. When you start there, it changes the way you think about everything."

Following Mr. Smith's speech, he answered a lengthy round of hard-hitting questions from students and graciously continued the discussion at a reception following the event.  Thank you once again to Mr. Smith for taking the time to visit with members of the Tulane Sports Law Program.

Written By: Justin N. Fielkow

This is the third of a three-part series analyzing the National Letter of Intent system and the concept of oversigning in major college football. In Part One, I provided a general introduction to the history and rules governing the National Letter of Intent and the doctrine of oversigning in college football. Part Two analyzed the legal implications of and potential remedies for oversigning, including a promissory estoppel cause of action and breach of contract claim. Finally, this post will scrutinze the ethics and morality of oversigning as it relates to the current world of big-money college football and the impact the practice has on student-athletes.

Ethics of Oversigning

Big-money college football is a broken system. The application of the rules and regulations passed by the NCAA are rife with hypocrisy. Institutions and their coaches clearly operate under different standards than those expected of the student-athletes who fuel the behemoth that is college football. In 2010, the NCAA suspended University of Georgia receiver A.J. Green four games for selling his jersey.¹  While Georgia's athletic department is allowed to sell that same jersey to profit the athletic department, Green was ruled ineligible. Meanwhile, 25 different players were arrested and subsequently punished to varying degrees in the short time that Urban Meyer was head coach at the University of Florida.²  In many circumstances, an institution would deem their program wildly out of control, with the blame falling directly on the man in charge, the head coach. However, with Meyer winning multiple championships during his tenure, neither the university nor the NCAA stepped in and issued so much as a public reprimand.

Further evidence of this dual standard is the ability of coaches and players to switch schools. While coaches can move about with relative ease, players are largely immobile once they sign an NLI.  Clearly, players and institutions, along with their head coaches, operate under different standards. The NCAA's "paper tiger" regulations regarding oversigning in college football reflect that imbalance.

Said Ole Miss coach Houston Nutt in 2009, "[t]here's no rule that says we can't sign 80 [recruits]. All I know is we have to have 25 ready to go in August."³  While Nutt obviously meant his statement as a joke, he is not too far off point. Schools often sign more players than they have available roster spots under the assumption that not all of the signees will qualify for the financial aid award.⁴  While in some instances this ends up being the case, often schools are left with a numbers crunch when more than 25 of the up to 28 NLI-signees qualify.⁵  Thus, lesser regarded signees are told there is no room for them, regardless of when they verbally committed or signed their National Letter of Intent (NLI). For example, Cameron Fordham turned down other scholarship offers, verbally committing to play for Les Miles at LSU.⁶  The summer before enrolling, Cameron was informed there would not be a scholarship available to him. Lacking other opportunities on such short notice, he was forced to accept an offer to walk-on at LSU and pay his own way through school.⁷  This situation is not always an option for many prospective student-athletes, yet coaches and universities continuously gamble with the lives of these young men by playing a recruiting guessing game.

Continue reading here... 

This week, young men across the country signed their National Letters of Intent, a momentous occasion and tremendous achievement in their lives. Unfortunately, for some, both the process and the conclusion will not be what they envisioned. This is the first of a three-part series that will analyze the National Letter of Intent system and the concept of oversigning in major college football. This post will provide a general introduction to the history and rules governing the National Letter of Intent and the doctrine of oversigning in college football. Part Two will then analyze the legality and potential remedies of oversigning, including a promissory estoppel cause of action and breach of contract claim. Finally, Part Three will put the ethics and morality of the practice of oversigning, as it relates to the current world of big-money college football, on figurative trial.

Introduction to Oversigning: How It Works and How It Fails

With nothing more than a wish and a prayer that a university will honor its scholarship offer to a prospective student-athlete, countless young men, such as Elliot Porter, have their verbal commitments vanish into thin air due to the unsavory practice of oversigning.¹  Elliot Porter received a scholarship offer to play football at Louisiana State University in the summer of 2009. In July, Porter was one of the first verbal commitments to LSU's 2010 recruiting class.²  In February 2010, Porter signed a National Letter of Intent (NLI) with LSU, qualified academically, enrolled early, reported to summer school in June 2010, and started taking classes.³  Yet, after misjudging how many of his academically shaky signees would qualify and reaching the maximum 25-new-player scholarship limit, head coach Les Miles informed Porter that there was no room for him on scholarship at LSU.⁴  Porter was granted a release from his Letter of Intent and instead accepted a scholarship at the University of Kentucky.⁵  Porter disliked Kentucky and returned to LSU, where he is now a walk-on paying his own way for two years before he can finally get the football scholarship LSU promised him as a high school senior.⁶

Porter's situation is not unique. Often, the unlikely-to-contribute players at the bottom of an incoming class are asked to "grayshirt," dutifully delaying their enrollment (or paying their way for a semester), until there is room for them in the next class, regardless of what a coach promised them during their recruitment or the fact that they signed an NLI. Additionally, every year "thousands" of high school seniors find themselves scrambling for scholarships after coaches simply rescind non-binding scholarship offers because they found more talented players and are forced to comply with the NCAA's signing limits.⁷

Continue reading here... 

The championship round of the competition will be held on Friday, February 10th from 2:00 to 3:15 pm.  Following the competition, from 3:30 to 6:00 pm, there will be a symposium featuring two panel discussions. The first panel discussion - The New CBA: Change and Continuing Peace - will be held from 3:30 to 4:30. The second panel discussion - Hot Topics in Baseball: International Issues, Arbitration Today, and More - will be held from 4:40 to 5:50. The symposium concludes with final remarks by Professor Gabe Feldman. 

Both events will be held in the Kendall Cram Lecture Hall of the Lavin-Bernick Center, located on Tulane's uptown campus.

The lineup of guest arbitrators and panel members for the competition includes:

Nona Lee, Senior Vice President and General Counsel of the Arizona Diamondbacks. 
Jon Fetterolf, Partner, Williams & Connolly LLP in Washington D.C.
Larry Silverman, former Senior Vice President and General Counsel, Pittsburgh Pirates.
Darren Heitner, Attorney, Wolfe Law Miami P.A.; Chief Editor, SportsAgentBlog.com.
Jorge Arangure Jr., Senior Writer, ESPN The Magazine.
Marc Kligman, Baseball Agent, Total Care Sports Management.
Bryan Minniti, Assistant GM of the Washington Nationals. 
Steven Fehr, Outside Counsel to the MLBPA.
Scott Shapiro, Agent at Praver Shapiro Sports Management.
Jay Reisinger, Partner at Farrell & Reisinger, LL
Clark Griffith, Attorney; AAA Arbitrator; former Owner and Executive Vice President of the Minnesota Twins and former Chairman of Major League Baseball Properties.

The Tulane National Baseball Arbitration Competition is less than two weeks away.  TJ Henry, who is responsible for organizing the competition, was recently interviewed about the competition by Hardball Times.  You can listen to the podcast here: http://bit.ly/zZ3Qon.

Every year, the Tulane Sports Law Society puts on a moot MLB arbitration competition where law students from across the country argue simulated salary-arbitration cases. Like law school moot court competitions, the National Baseball Arbitration Competition's main goal is to provide participants with the opportunity to sharpen their oral and written advocacy skills. The competition, however, is unique in that it allows law students to sharpen these skills within the specialized context of MLB's salary arbitration proceedings.  The competition also provides a unique opportunity to network with industry professionals who serve as arbitrators and panel members at the symposium which follows the competition.

This is a must-hear podcast for law students who are interested in competing in future years and others who want a better sense of what the competition is.

This year's competition runs from February 15th through the 17th. We are currently seeking members of the bar to assist in judging the competition. If you will be in New Orleans on the above date, have a law degree, and would like to be a judge, please contact Andrew Sensi (asensi@tulane.edu).

This year's problem, based on the recent litigation surrounding the NFL and NBA lockouts, asks (1) whether the Norris-LaGuardia Act prohibits district courts from issuing an injunction to enjoin a league lockout, and (2) whether a sports league's lockout is protected from antitrust scrutiny by the nonstatutory labor exemption.
Past topics include: sports lotteries, whether a sports league is a single entity when collectively licensing and marketing team and league trademarks, fantasy football and the right of publicity, and whether age restrictions by professional sports leagues violate section one of the Sherman Act.

For more information please see the Tulane Moot Court Board's website. (http://www.law.tulane.edu/tlsOrgs/mootcourt/index.aspx?id=5054)

Football fans can watch football almost any day of the week in the fall, but the NFL fan is generally limited to Sunday and Monday nights.  That is, until the leaves begin to change colors and the NFL can be seen on Thursday night, Saturday, Sunday and Monday night.  Have you ever wondered why the NFL broadcasts games on Thursday night instead of Friday? Or, why they only play Saturday games late in December?  The answer lies in the Sports Broadcasting Act of 1961("SBA")ⁱ   which prevents NFL broadcasts from competing with college football games.

History of Sports Broadcasting and the SBA

To understand the SBA is to understand the tidal wave of change that occurred in the middle of the 20th century that forever altered the way the country viewed live sporting events.  At the turn of the century, the only way to view a sporting event was to be physically present at the site of the event.   However, radio and television changed the ways in which sports fans could "consume" a sporting event.

In 1920, the first radio broadcast of a college football game took place. Then, in 1939, NBC televised the first live sporting event - a baseball game between Columbia and Princeton.  Five months later, NBC televised the first professional football game - the Brooklyn Dodgers vs. the Philadelphia Eagles.  At first, these telecasts were viewed in limited numbers.  For example, in 1948, only 190,000 television sets were in use in the United States. But, by 1950, that number had skyrocketed to 10.5 million.

The rising accessibility and popularity of televised sports represented a threat to live-game attendance, which at the time was the primary revenue stream for professional teams.  In 1953, in an attempt to protect live ticket sales, the NFL adopted a rule preventing the broadcast of outside games into a team's home market, regardless of whether it was playing at home or away.ⁱⁱ  As a result, the Department of Justice initiated an antitrust suit against the NFL.  The United States District Court for the Eastern District of Pennsylvania found the away-game restriction to be an illegal restraint of trade.  But, it found the home-game restriction to be reasonable because protection of "home game attendance is essential to the very existence of the clubs."ⁱⁱⁱ  As a part of the court's final judgment, it enjoined the NFL and its member clubs from making any agreement which had the purpose or effect of restricting the areas within which broadcasts or telecasts of games may be made.^iv

Continue reading here... 

This semester, the society hosted Dell Demps, general manager of the New Orleans Hornets; Ari Nissim, Director of Football Administration for the New York Jets; Tandy O'Donoghue, Vice President of World Wrestling Entertainment; and Darren Heitner, Founder/CEO of Dynasty Athlete Representation.

Each of the speakers provided candid accounts of the paths they took to be where they are today and generously answered a wide of array of questions.  But perhaps most importantly the speakers provided valuable career advice to the students.  The speakers stressed the importance of networking and having a willingness to do anything and go anywhere.  Additionally, students were advised to decide why they want to work in sports and attempt to specialize in that area. Lastly, the speakers made it clear that even though it will take a bit of luck to land a dream job, luck is where preparation meets opportunity.

We would like to thank each of the speakers for taking time out of their busy schedules to provide their insights into the sports industry and give invaluable career advice.

If you would like to be a part of the Speaker Series, please contact Sports Law Society President Nicholas Sabella (nsabella@tulane.edu).

One of the primary reasons for this shift is a change in attitudes about the justifications for and criticisms of the right of publicity.  In this post, I will discuss the array of justifications and criticisms, and argue that the criticisms have gone too far.

John Locke, Natural Rights, Unjust Enrichment, and Incentives to Create

"It would seem to be a first principle of Anglo-American jurisprudence, an axiom of the most fundamental nature, that every person is entitled to the fruit of his labors."ⁱⁱ This Lockean labor theory is often combined with a natural rights argument that a person's identity is their own property, to control as they see fit.  Combined, they form perhaps the strongest and most cited justification for the right of publicity. Proponents of this theory would agree that, "[I]n most instances a person achieves publicity values of substantial pecuniary worth only after he has expended considerable time, effort, skill, and even money."ⁱⁱⁱ

Related to these justifications is the goal of preventing unjust enrichment. The Supreme Court put it best when it stated:

The rationale for protecting the right of publicity is the straightforward one of preventing unjust enrichment by the theft of good will. No social purpose is served by having the defendant get free some aspect of the plaintiff that would have market value and for which he would normally pay.^iv

In combination, these theories seek to justify the right of publicity on the grounds that a person's identity can become valuable through that person's labor and allowing others to take this value without providing compensation is unjust. 

Similarly, proponents of the right of publicity argue that it provides an incentive for people to work to transform their identities into marketable commodities. Proponents of this incentive argument believe that people "should be given an economic incentive to undertake socially enriching activities which require entering the public scene."^v  The incentive justification has been recognized and supported by several courts, including the Supreme Court.^vi

Critics of the right of publicity have rejected these justifications and argue that (1) a person's fame is not the result of their labor, and even if it were, the value in the celebrity's identity is largely a result of factors beyond their control,^vii  (2) the right of publicity provides little or no incentive to achieve success,^viii  and (3) celebrities already make enough money in their respective fields.^ix

Continue reading here... 

In the past few years several lawsuits have been initiated by former collegiate athletes seeking compensation for the alleged use of their likenesses in video games and other products licensed by the National Collegiate Athletic Association ("NCAA") and its member institutions. From lesser known athletes such as Sam Keller and Ryan Hart, to well-recognized athletes such as Oscar Robertson, Ed O'Bannon and Bill Russell; former student athletes have alleged various violations of their right of publicity. Sam Keller and Ryan Hart's claims stem from the video game series NCAA Football produced by Electronic Arts ("EA"). Likewise, Bill Russell's claim stems from EA's alleged use of his image in an NCAA basketball video game. Meanwhile, Oscar Robertson and Ed O'Bannon claim that the NCAA, EA and the Collegiate Licensing Company ("CLC") have (1) conspired to fix prices for the use and sale of their images at zero dollars, and (2) engaged in a group boycott by requiring student athletes to relinquish publicity rights in perpetuity.

This post is the first of several which will examine the history of the right of publicity, the justifications for and criticisms of the law, along with the potential success or failure of these recent suits. This post will focus on defining the right of publicity, and tracing its history.

The right of publicity is "the inherent right of every human being to control the commercial use of his or her identity," and until recently was generally successful in securing to persons the commercial value of their identities. In general, the elements of a right of publicity claim are (1) use of a person's identity, (2) for a commercial purpose, (3) without their consent. The term identity is broad and includes, but is not limited to a person's name, nickname, photograph, voice, likeness, and persona. Two commonly asserted defenses to a right of publicity claim are copyright preemption and the First Amendment.

Continue reading here... 

Brian Stow, the San Francisco Giants fan beaten at Dodgers Stadium early this baseball season, was finally released from the hospital and into rehab this month.  But the debate about stadium safety, especially in professional baseball and football, continues to make headlines.  Leagues and stadium operators face a myriad of issues; including pat downs, tailgating, intense regional rivalries and unsafe conditions.  In an era when live-game-attendance is in serious competition with television broadcasts, leagues and teams must make a concerted effort to ensure the safety of their stadiums if they are to stand a chance in attracting spectators to their events.  Yet, it remains to be seen how leagues and stadium operators are going to deal with these ongoing problems.  One thing is clear though, no matter what they decide to do, they have to address the role that alcohol plays in the majority of the incidents that have rocked the sports world.
 
Long before Brian Stow, the NFL instituted mandatory pat downs at all games.  Shortly after 9/11 the league recognized football games and stadiums as "soft targets" for terrorists, highly visible events followed by millions that also uniquely embody American values and celebrations.  As the only league with mandated pat downs, the NFL looks to shield itself, host teams, and stadium operators from massive tort liability in the event of an attack.  While most fans are accepting and understanding of the pat downs, constantly reminded by signs and stadium personnel, there is a minority who strongly oppose the pat downs.¹
  
An ACLU representative has described the pat down as "essentially being groped by a stranger." Others cite the 4th amendment which requires physical searches by government personnel to be reasonable.  Critics of those who oppose the pat downs say the criticisms are unfair and fans consent to them by entering the stadium and attending the game.  Nevertheless, the California Supreme Court decided a case in March of 2009 holding that ticket holders adequately alleged a legally protected interest and a reasonable expectation of privacy not to be subjected to pat downs when attending a football game.  Still, violence at football games persists despite the pat downs.  A little over a month ago, on the ten-year anniversary of 9/11 a fan attacked another fan with a taser during the Jets home opener against the Cowboys at New Meadowlands stadium in New Jersey.²   The man was charged with aggravated assault and weapons possession charges; he was later released on $22,500 bail.  Despite increased security for the anniversary, no one could explain how the taser made it past security during the pat down and into the stadium.