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Sports Law

The Tulane Law School Sports Law program provides students with the background necessary to understand and handle problems unique to the sports industry.

Friday Sports Replay

Friday Sports Links - March 30, 2012

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Friday Sports Links - March 30, 2012

Yet another busy week in the world of sports law and business. Nike sued Reebok over the sale of Tebow jerseys, the Los Angeles Dodgers sold for a record $2.15 billion, and the Cowboys and Redskins refuse to go quietly into the night.

To keep up throughout the week be sure to follow us on Twitter.

Nike v Reebok

Nike filed suit against Reebok to prevent Reebok’s sale of NY Jets Tebow jerseys. The right to produce NFL jerseys entails obtaining a license from both the league and the player. Reebok’s license with NFL Properties runs through March 31, 2012, but their license with NFL Players Incorporated expired on March 1, 2012. With the Tim Tebow trade going down on March 21, Tebow jerseys from Reebok are forbidden. http://sbn.to/Hmslpj

Copy of the complaint filed by Nike: http://on.wsj.com/HxRCNo.

U.S. District Court Judge Kevin Castel issued a temporary restraining order against Reebok on Wednesday. Copy of the TRO: http://t.co/K2Bc5qFg. And, the letter Reebok sent to retailers who purchased Tebow Jets gear explaining the recall http://bit.ly/H6JH7q

Tebow Jerseys

Sports Broadcasting

March Madness digital viewing generated $60 million in ad sales for Turner and CBS. This is nearly double the $32 million sold for the 2009 tournament, and does not include revenue from the one-time fee of $3.99 that the companies charged for March Madness Live. http://bit.ly/Hkmcyk

News Corp/Fox is taking steps to start a national U.S. sports network on cable television aimed at challenging ESPN. http://bloom.bg/H2wYJW 

The UFC is one of many entities attempting to curtail pirated live-video feeds on the internet. Here is an update on their battle with Justin.tv: http://bit.ly/H77ZjU

Network Logos

Redskins and Cowboys Salary Cap Penalties

The Redskins and Cowboys filed a complaint over their salary cap penalties http://bit.ly/GQrf3g The NFL released a statement confirming that the arbitration will be heard by Professor Stephen Burbank. http://cbsloc.al/GW7ivz

Warren Zola provides a detailed time line of the events in the Redskins/Cowboys salary cap case. http://bit.ly/GUaOs8

NFl Owners


Joe Nocera keeps on rolling. Here is his latest, "Standing Up to the N.C.A.A." http://nyti.ms/GY8xs9 

Do college athletes deserve union status? http://bit.ly/GTrivb

A review of the sanctions handed down against UNC and what it may mean for the University of Miami. http://bit.ly/GSv7DG

The NFL players’ union has voted to repeal the “junior rule” which prohibited certified agents from having contact with college players until the student-athletes have been out of high school for three years. http://wapo.st/H7bZiE


Social Media

Michigan State AD tweets Michigan point guard. NCAA violation? http://es.pn/H0wCO0

Demanding Facebook passwords may break the law, say Senators. http://abcn.ws/GWRsPy



Dodgers sold for a record $2.15 billion http://lat.ms/GXRWVP

Lack of collective bargaining agreement, differences in state law lead to UFC drug testing that varies by state. http://yhoo.it/H3BnYH 

Add Mark Rypien to the list of former players suing the NFL over concussions. http://bit.ly/GTMh1O

Could the NHL be headed for another lockout? http://bit.ly/GRG4qn


Friday Sports Links - March 23, 2012

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Friday Sports Links - March 23, 2012

It was certainly a crazy week in the world of sports law, particularly the NFL, where Commissioner Goodell handed down an unprecedented punishment on those involved in the Saints bounty scandal. Beyond the NFL, social media and sports may be heading for a crossroad, and Utah refuses to abandon its quest to end the BCS.

To keep up throughout the week be sure to follow us on Twitter.

New Orleans Saints Bounty Scandal

Video: Professor Feldman narrates a short clip regarding the bounty scandal. http://bit.ly/GHgRzl

Senator Dick Durbin is setting up a Judiciary Committee hearing about bounties in professional football and other major sports. http://abcn.ws/GGfaQj

Warren Sapp could face trouble for publicly naming Jeremy Shockey as the whistle-blower in the NFL's investigation into the Saints' bounty program. http://nyp.st/GI7yKV

"Are Commissioner Suspensions Really Any Different from Illegal Group Boycotts?" Professor Marc Edelman analyzes whether the NFL personal conduct policy illegally restrains trade in this 2009 law review article. http://bit.ly/GOB9Cn 58 Cath. U. L. Rev. 631

Roger Goodell

Social Media and Sports

Baseball has a new social media policy. And it may be unlawful. http://t.co/03Uz66AN

Michigan football coach Brady Hoke favors reform to NCAA's policies on social media, texting. http://bit.ly/GzFmub

Social Media


Tulane alumnus and Sports Law Society founder, Warren Zola’s latest scholarly article, "Transitioning to the NBA" has been published in Harvard Law School's "Journal of Sports & Entertainment Law" http://t.co/u2VM5kYo

For seven years, the University of Alabama has been locked in a bitter legal struggle with a local artist over his right to depict scenes from Alabama games in his paintings. Oral arguments were heard by the 11th Circuit Court of Appeals earlier this year, and the court's decision is expected soon. http://on.wsj.com/GRLMYr

Utah Attorney General Mark Shurtleff is still pushing for a BCS antitrust suit. He is now soliciting bids from law firms to help with four-prong attack. http://t.co/oKPQaQYk



The Washington Redskins are considering a variety of options in response to their loss of salary cap, including filing for arbitration http://wapo.st/yQgpsd, and the diplomatic approach at the league meetings next week. http://bit.ly/GIvKU1

Would Rams' Owner Stan Kroenke violate the NFL cross-ownership rule if he purchases the Los Angeles Dodgers? http://bit.ly/GGN2MX



Will the Supreme Court hear the case over private school athletic scholarships? http://onforb.es/Gzq0Js

Professional Athletes' Big-League Tax Bills http://yhoo.it/GARoJq

The last major legal hurdle in the sale of the Dodgers appears to be cleared as Bryan Stow's attorneys agreed not to contest the Dodgers' exit from bankruptcy and agreed to recover any damages from the team's insurance policies rather than from owner Frank McCourt or any of the entities he controls. Stow can proceed with his case against the Dodgers in Los Angeles Superior Court after the team emerges from bankruptcy, according to the agreement. http://lat.ms/GL5Ejp


Friday Sports Links - March 16, 2012

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Friday Sports Links - March 6, 2012

March Madness is officially here, and that means more than just a fantastic array of thrilling college basketball matchups. This time of year brings NFL free agency, the NBA trade deadline, and the start of the MLB season. The action on the field of play is matched by activity off of it, resulting in a lot of sports law and business news.

March Madness and the NCAA

Is "March Madness" America's largest annual ritual of collective lawbreaking? http://buswk.co/xnTniU 

A brief history of the "March Madness" Trademark.  http://bit.ly/wNRE9d 

Can student-athletes form a union? http://bit.ly/zdK3Jp 

Freakonomics: would paying college players really destroy competitive balance? http://bit.ly/FO6M32 

A student-athlete's breach of contract claim (loss of scholarship) is barred by statute of limitations. http://bit.ly/wUcAYj 

The NCAA has banned the University of North Carolina football team from the 2012 postseason. http://es.pn/wYvICp. Further information regarding the NCAA Committee on Infractions findings that UNC committed major violations of NCAA legislation can be found here: http://bit.ly/FO5cQY 

Social media has a huge impact, particularly in the sports world.  How has it impacted college sports and USC quarterback Matt Barkley? http://cbsprt.co/wjBJit

NCAA Final Four Logo


Three Broncos suspended for allegedly violating league's PED policy. http://t.co/rkuqsAKY Two of the players filed a lawsuit to block the suspension http://es.pn/x6QcBQ 

The NFLPA wants the League to delay announcing any punishment for the bounty program until it can conduct its own investigation. http://es.pn/AaKrGk 

In the aftermath of American Needle, it appears that we will see an explosion of officially licensed NFL products, including high-heeled shoes and duct tape. http://bit.ly/AqD6dY 

NFL Logo

Sports Broadcasting

The Big 12 and ESPN are nearing an extension that will earn the conference - combined with its Fox TV contract - $2.5 billion over the next 13 years. http://bit.ly/zu6g5s 

A class action complaint has been filed, demanding that the cable distributor Time Warner reimburse consumers for more than $5 million in service fees and charges for withholding sports programming. http://bit.ly/xlB1PM 


A San Diego school district paid $4.4M to settle a football head injury lawsuit. http://reut.rs/AvsSrE 

Friday Sports Links - March 9, 2012

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Friday Sports Links - March 9, 2012

The top story in sports law and business this week is easily the news that former Saints defensive coordinator Gregg Williams administered a bounty system during his three years in New Orleans, and possibly other stops in his career. The implications of the bounty system are vast. It has the potential to impact concussion litigation, lead to lawsuits from injured players, and could result in an unprecedented punishment from Commissioner Goodell. Outside of "Bounty-gate," the talk concerning NCAA reform continues, and the internet gains ground in becoming a more common distributor of live sports broadcasts.


Michael McCann breaks down the potential legal fallout of Saints' bounty system.

How does the bounty system affect the concussion lawsuits? http://reut.rs/weD9E8 (helps get you into court and out of arbitration)

Who is liable for any injuries traced to the bounty system? http://nyti.ms/xMgSJi 
Greg Williams & Jonathon Vilma
Gregg Williams and Saints linebacker Jonathan Vilma

The NCAA: Violations & Reform

The NY Time's Joe Nocera continues his assault on the NCAA. Could a union help the student-athletes? http://nyti.ms/yGENov

In order to form a union, the student-athletes would of course have to be employees. Are they? http://bit.ly/wkDP74

The cost of scheduling 'guarantee games' for schools in the Big Ten and Big 12 is on the rise. Ohio State paid an average of $95,666 for six games. http://usat.ly/zpkFEP
Kentucky's John Calipari has some harsh words for the NCAA. http://bit.ly/wgwbri

Sources: Syracuse's basketball program repeatedly violated its internal drug policy http://bit.ly/ydt2PP

Suspended Auburn University point guard Varez Ward is under investigation by federal authorities in an ongoing point-shaving probe. http://bit.ly/wOKd9G

The Coalition on Intercollegiate Athletics (an alliance of faculty senates from NCAA Football Bowl Subdivision (FBS) schools) wants to explore the possibility of an antitrust exemption for the NCAA in order to better regulate spending on coaches' salaries and other costs. http://bit.ly/wMYKo4 

More than two-thirds of college presidents surveyed believe recent sports scandals have compromised the reputation of higher education as a whole, and just 13 percent think the presidents of big-time sports schools have control of their programs, a new survey finds. http://yhoo.it/yuhCpo

NCAA President, Mark Emmert
NCAA President, Mark Emmert

Andy Staples & the NCAA

Change may be on the horizon for NCAA football postseason. http://bit.ly/xnilVU

Tulane University President Scott Cowen shares his thoughts on postseason reform. http://bit.ly/zHaGkV

The full-cost-of-attendance scholarship debate could break up the FBS http://bit.ly/AfTeIq

Tulane University President, Scott Cowen
Tulane University President Scott Cowen

Sports Broadcasting

Yahoo is making a move for the 2014 & 2016 Olympic broadcast rights in Canada.  http://onforb.es/y2cm2h

Meanwhile, NBC and YouTube will team up to deliver the Olympics online this summer. http://bit.ly/xOiv23 

Other Sports Law and Business News

The NBA is considering putting corporate sponsor logos on their uniforms. http://bit.ly/wWFtZ7

The ABA is hosting the "Third Annual International Legal Symposium on the World of Music, Film, Television and Sports" in Miami, FL from May 2 - 4, 2012. http://bit.ly/wZZAYV 

Friday Sports Links - March 2, 2012

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Friday Sports Links - March 2, 2012 

This week's top stories in sports law and business include the usual topics - concussions and sports broadcasting - but this week also featured big news in the less common topics of the right of publicity and stadium technology.

Concussions and Player Safety

As a result of concussion concerns, USA Hockey and Hockey Canada are seriously considering rules that would effectively end fighting in nonprofessional leagues as soon as next season. http://nyti.ms/z3IAkl 


A must read from Tulane alumnus Warren Zola who attacks the NCAA's unfair transfer rules. http://huff.to/wRdVUy 

The NFLPA is considering changes to its agent rules. http://es.pn/zydFqU 

The Big 12 reached buyout terms with Missouri and Texas A&M, who are heading to the SEC. http://es.pn/yoCunY 

Sports Broadcasting

The BCS is about to hire two media consultants who will play vital roles in projecting the media value of each postseason model under consideration. The BCS is set to negotiate its next broadcast deal (for the 2014 season) this fall and is expected to see a 50 percent rights-fee increase - at a minimum - if it didn't change anything at all.  Any new postseason structure that has something resembling a playoff is expected to shoot that number significantly higher. http://bit.ly/zlSuX9 

The NFL announced that it is moving its season opener to Wednesday night (Sept. 5) in order to avoid conflicting with President Obama's speech to the Democratic National Convention.  http://yhoo.it/zbsDvC

Unlike the majority of the season, if the NFL wanted to, they could play on Friday night. http://bit.ly/ylyp3J 

ESPN announced a partnership with Facebook to stream broadcasts of college basketball conference tournaments. http://usat.ly/xiFg9V 

Right of Publicity

There are several cases in the works with the potential to further shrink the right of publicity. One such case is between Justin Bieber and a mobile app developer who created a "Joustin Beaver" game. http://bit.ly/wa81uT.  Another case comes out of Illinois where a judge ruled that a Travel Channel TV show on a Chicago restaurant did not violate the right of publicity of customers because the restaurant is a "subject of general interest and of value and concern to the public." http://bit.ly/wmtBjd 

Plaintiffs in the In re NCAA Student-Athlete Name & Likeness Licensing Litigation were sanctioned as a result of their overly broad discovery requests. http://bit.ly/y7uNQS 

The Clippers have asked a fan known as "Clipper Darrell" to drop the team's name from his nickname.  http://yhoo.it/xiwSDp. Does the First Amendment tolerate such requests?

Linsanity and IP Rights in China

A sports ball maker in eastern China trademarked Lin's name more than a year and a half ago - for only $700. Chinese law favors early registrants and could prove thorny for Lin and corporate sponsor Nike.  http://nyti.ms/wBSHty 

Michael Jordan has filed a trademark lawsuit against a sportswear manufacturer based in China. He claims the sportswear manufacturer used the Chinese version of his name, "Qiaodan," and other associated trademarks in order to mislead consumers.  http://bit.ly/xkzdkG


A thorough and intriguing look at how venues are responding to increased demand from fans for mobile connectivity. http://bit.ly/ySIjyt 

Sun Life Stadium is the first venue to use IBM's new 'Crowd Monitoring' technology. It is designed to allow stadium staff to better monitor and anticipate potential problems related to parking, crowd control and concession stand sales. http://bit.ly/vZ2h4L 

The Vikings are one step closer to getting a new stadium, keeping them in Minnesota. http://bit.ly/xg18U5. RulingSports.com takes a closer look. http://bit.ly/xQGcKu 

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