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Oct 2, 2024
TNT Has Staked Its Claim in College Sports Broadcasting
Since 2011, TNT has had broadcast rights to only one major college sports property: men’s March Madness. But in one year, the network has quietly amassed a portfolio of NCAA rights.
Over the summer, TNT Sports—which includes TNT, TBS, truTV, and Max—won the rights to a slate of College Football Playoff games, considered the crown jewel of college sports rights. It also struck new deals with the Mountain West and Big East, as well as high-profile non-conference basketball tournaments.
Oct 2, 2024
NHL Labor Talks Set to Open During Unprecedented Growth and Stability
The National Hockey League’s labor deal with the NHL Players’ Association doesn’t expire for nearly two years. But talks on a new collective bargaining agreement are set to open soon, and the two sides will do so in a period of historic strength for the sport.
Oct 2, 2024
MICHAEL JORDAN-OWNED RACING TEAM SUES NASCAR, JIM FRANCE
23XI Racing, the team co-owned by NBA legend Michael Jordan, announced that it jointly filed an antitrust lawsuit along with Front Row Motorsports against NASCAR and NASCAR CEO Jim France on Wednesday, arguing that the sport’s governing body has unlawfully stifled fair competition.
Oct 2, 2024
Private Equity Firms Buy Rival Hockey Brands CCM and Bauer
Private equity firms have bought stakes in two of hockey’s biggest brands. Control of Bauer, which manufactures skates, sticks, helmets, and other equipment for the sport was acquired Tuesday by Fairfax Financial Holdings, which bought Bauer’s parent company, Peak Achievement Athletics. Peak also owns equipment makers Cascade Lacrosse and Maverik Lacrosse.
Oct 1, 2024
North Carolina judge rules public school athletes can profit from NIL
A North Carolina judge ruled Tuesday that public school athletes in the state can profit from NIL. The ruling stems from the lawsuit the mother of Class of 2026 Tennessee five-star quarterback commit Faizon Brandon brought against the North Carolina Board of Education and Department of Public Instruction. Currently 39 states – through laws or local athletic associations – allow athletes to participate in NIL deals without forfeiting the ability to play high school sports. North Carolina remains one of the 11 that does not allow high schoolers to capitalize on NIL. That will now change.
Oct 1, 2024
Ex-Jaguars employee Amit Patel sues FanDuel for $250 million
A former Jacksonville Jaguars employee who stole more than $22 million from the team sued FanDuel in federal court on Tuesday, claiming the sportsbook "exploited" his gambling addiction and intentionally ignored its responsible gaming and anti-money laundering protocols.
In a civil suit filed in the Southern District of New York, an attorney for Amit Patel alleges that FanDuel incentivized Patel to keep playing daily fantasy sports despite Patel exhibiting signs of problem gambling. According to court documents, he transferred approximately $20 million to FanDuel.
Oct 1, 2024
Dartmouth Won’t Recognize Hoops Union and Bargain, NLRB Told
It’s been nearly eight months since NLRB regional director Laura Sacks found that Dartmouth College men’s basketball players are employees within the meaning of the National Labor Relations Act. And it’s been seven months since the players unionized with the Services Employees International Union Local 560. But to date there has no bargaining between Dartmouth and the union, and the agency’s board hasn’t indicated if it will accept Dartmouth’s request for review (appeal), let alone set a schedule.
Sep 27, 2024
Tiger Woods in Trademark Dispute Over New Logo
Tiger Woods finds himself in the bunker with his new logo.
The golfer’s Sun Day Red apparel line is facing a trademark dispute from Tigeraire, a company that makes cooling products for athletes. Tigeraire filed a notice of opposition with the U.S. Patent and Trademark Office accusing Woods and his company of “unlawfully hijacking” the company’s logo into their own.
In May, Woods moved away from his longtime personal “TW” logo that featured his initials stacked on top of each other, which was a staple during his 27-year tenure with Nike. Woods still owns the trademark for that logo, but doesn’t currently plan to use it with his new company.
Both logos are images of a tiger running (below; Opposer is Tigeraire, and Applicant is Tiger Woods Sun Day Red brand).
Sep 27, 2024
UNLV Rebuffs Gambling Exec’s Offer To Pay Spurned QB $100K
Earlier this week, UNLV quarterback Matt Sluka announced he would not play for the rest of the season after not receiving $100,000 that was allegedly promised to him upon transferring from Holy Cross. Sluka retained his redshirt by exiting the program before playing in more than four games this season.
This being Las Vegas, a gambling executive tried to fill the gap.
In an attempt to keep Sluka in Sin City, Mike Palm, the vice president of Vegas-based sportsbook Circa Sports, reached out to the school and offered to pay the $100,000, according to the Action Network. UNLV passed on the opportunity and said the quarterback is no longer with the program.
The Rebels are currently 3-0 and off to one of their best starts for a program that doesn’t have much history since Randall Cunningham starred for them in the ‘80s. They’re the only Group of Five team ranked in either the AP or coaches’ polls, giving them an outside shot at making college football’s expanded playoff.
UNLV and its collective have denied Sluka’s claims about the purported $100K oral offer. Even the NCAA has weighed in, saying future NIL disputes like this need to be avoided. The situation could have major ramifications throughout college sports.
Palm said when he saw Sluka’s social media post announcing his departure, he asked his boss, Circa Sports CEO Derek Stevens if they could possibly help. The NCAA forbids players from accepting gambling-related NIL deals, but Palm told the Action Network that there were non-gambling NIL deals they were looking at offering Sluka before being told he was no longer with the program.
“Mr. Stevens was willing to help the university get there,” Palm told Action Network. “One hundred thousand dollars is a small price to keep UNLV’s College Football Playoff hopes alive.”
UNLV, sitting at No. 23 in the coaches’ poll, faces Fresno State on Saturday night in a tough Mountain West conference matchup. Messages for comment from Circa Sports, UNLV and the Friends of UNLV collective were not immediately returned.
Sep 27, 2024
Lawyers File New Documents in Attempt to Save House v. NCAA Settlement
The NCAA, Power 5 conferences, and plaintiff attorneys on Thursday night filed an amended settlement proposal in the House v. NCAA case that included changes to issues raised by Northern District of California Judge Claudia Wilken.
The amended settlement still grants the NCAA the ability to block certain NIL (name, image, and likeness) deals—an issue Wilken expressly told lawyers to “go back to the drawing board” to address.
The changes are an attempt by lawyers to satisfy Wilken’s concerns without taking out too many of the provisions the NCAA considers integral to the deal. The NCAA had made it clear, for example, that if the settlement didn’t include the ability to block certain NIL deals, the NCAA may be willing to kill the settlement and go to trial.
The settlement, first filed in July, would require the NCAA and power conferences to pay $2.8 billion in damages, as well as allow schools to share a percentage of revenue with athletes for the first time in history (in the beginning, up to around $22 million). But the settlement also included new athlete compensation restrictions, establishing a third-party to review and potentially block any NIL deal over $600 that was seen as pay-for-play, and not “fair market value.” It was a direct attempt at controlling NIL collectives.
During a hearing on Sept. 5, Wilken’s strongest objection appeared to be to the NIL deal approval process. Wilken was wary of giving the NCAA the power to dictate which NIL deals athletes could or couldn’t sign. She raised the issue of the definition of a booster, and asked if the approval process would end up taking existing deals away from athletes (something she said is not very popular).
The attorneys filed a brief that explained that because NCAA rules already prohibit NIL deals used as pay for play, the settlement wouldn’t actually prohibit any deals that aren’t already against the rules. It also explained that the NIL restrictions would only apply to entities that resembled collectives—whereas before, all third parties had to go through that process.
The settlement provided a new definition of “booster” (a longtime legal dispute). Some of the new criteria include a person who has contributed more than $50,000 to a school or NIL collective, someone who works for an NIL collective, or someone who helps with recruiting.
But it did little else to change the terms of the settlement regarding the NIL restrictions.
Wilken will now have the opportunity to decide whether to accept the settlement and allow a monthslong process for final approval to go forward. It’s unclear if the new changes and explanations provided will be enough to sway her.
Sep 25, 2024
REGGIE BUSH NIL SUIT LIKELY TO SPUR TIMELINESS DEFENSE FROM NCAA, USC
A couple of weeks after former Michigan football stars from the 2000s sued the NCAA and Big Ten Network on antitrust grounds for denying them NIL rights, former USC football star Reggie Bush is now suing the NCAA, Pac-12 and USC on the same basic theory.
Their cases will face legal defenses that depict the claims as time barred and opportunistic attempts to rewrite rules the former players accepted as conditions of eligibility.
Sep 25, 2024
DARTMOUTH CHALLENGES NLRB COMPLAINT IN MEN’S BASKETBALL CAS
In a sign that a recent U.S. Supreme Court ruling on a case that has nothing to do with sports could greatly impact the future of college athletics, Dartmouth College on Tuesday answered a complaint for an unfair labor practice charge by insisting its men’s basketball players are relying on “an impermissible attempt to create new law that is not entitled to deference and will not withstand judicial scrutiny.”
Sep 24, 2024
Pac-12 Sues Mountain West, Claims Eight-Figure Poaching Fees Are Illegal
The Pac-12 is trying to get out of damage payments for poaching Mountain West members.
On Tuesday, the conference filed a lawsuit in federal court in the Northern District of California, arguing that some of the terms of its football scheduling partnership with the Mountain West are illegal, and therefore unenforceable. It’s the latest move in a larger conference realignment battle between the Pac-12 and Mountain West.
Sep 24, 2024
Reggie Bush Suing NCAA Again, This Time for NIL Back Pay
Reggie Bush is suing the NCAA again.
The former USC star and Heisman Trophy winner has filed a lawsuit against his alma mater, the NCAA, and Pac-12 Conference over exploitation of his NIL (name, image, and likeness) during his time with the Trojans. The lawsuit is similar to one filed this summer by players from the 1983 NC State men’s basketball team.
Sep 24, 2024
NLRB’s College Athlete Rulings to Face Election Fallout
Arguably the most important legal issue facing college sports is whether all, some or no college athletes are employees of their schools, conferences and the NCAA.
Resolution of that issue could lead to hundreds of thousands of new university employees, some of whom might unionize, with conferences and the NCAA also on the hook as joint employers.
Sep 20, 2024
49ers Denied Motion to Dismiss Wheelchair User’s ADA Lawsuit
In a case that could set important precedent for how teams and stadiums handle wheelchair seating requests, a federal district judge Wednesday denied the San Francisco 49ers’ motion to dismiss an Americans with Disabilities Act lawsuit brought by 78-year-old Enrique Maya, who uses a wheelchair since suffering from polio as a child, and his son, Rick Maya.
“We believe all fans should be able to enjoy events regardless of accommodation needs, and we comply fully with all accessibility regulations,” a 49ers spokesperson told Sportico in a written statement. “We cannot comment further on an ongoing piece of litigation.”
The case centers on whether the ADA requires a team to provide alternative seating for a wheelchair users whose ticket is not for a wheelchair accessible seat.
Sep 20, 2024
Hockey Teams Face the Music Over Copyright Infringement
What do Donald Trump, the Philadelphia 76ers and the Utica Comets have in common?
They’ve all been sued this year for copyright infringement over their use of songs without the permission of the artists and companies who own the music.
The latest lawsuit to raise music theft claims was brought last Thursday by Associated Production Music (APM), a production music company with a catalog of more than 650,000 tracks. Those tracks include “Heavy Action” (a.k.a. The Theme for Monday Night Football) and “The Big One” (a.k.a. The Theme for The People’s Court). APM has the copyrights to recordings, meaning APM possesses the exclusive right to license others to use their music in exchange for payment of royalties or fees.
In a complaint filed in a California federal district court, APM accuses the American Hockey League, which is the primary developmental league for NHL franchises, and nine AHL teams of copyright infringement.
AHL teams, APM contends, use their Facebook, Instagram, YouTube and other social media channels to engage in “rampant infringement” of APM’s recordings. APM cites more than 230 specific videos in which the AHL or a team used an allegedly infringed song in a video. Major social media platforms require users to have copyright permission, and they enable copyright holders to submit takedown requests. As Sportico has detailed, UFC, the NFL and NBA have pushed for legal changes that would empower content creators to more quickly stop online piracy of their live sporting events.
Many of the allegedly infringing AHL videos have already been removed or made inaccessible to the public. However, as of this writing, the Tucson Roadrunners still have up a 30-second video that APM says uses blues and rock song “Back in Business.”
APM demands monetary damages that reflect profits from infringement or up to $150,000 for each infringed work. The company also seeks an injunction to block the AHL and teams from using its songs. APM notes that AHL has a large presence on social media platforms, with over 3.25 million fans following the league and its teams, a point suggesting the videos have been seen by many.
APM v. AHL arrives a few months after Kobalt Music Publishing American and other companies that own or have licensed interests in hit songs sung by Britney Spears, Justin Bieber and Doja Cat sued 14 NBA teams for infringement. The NBA case involves teams accused of infringement by synchronizing songs with teams’ promotional videos. That case remains in litigation.
Trump has likewise faced copyright lawsuits over his campaign’s use of music during rallies and in videos. Earlier this month, U.S. District Judge Thomas Thrash ordered Trump to stop using the song “Hold On, I’m Coming,” which was co-written and sung by the late Isaac Lee Hayes Jr. (the version of the song at issue was sung by Sam & Dave). The estate of Hayes sued Trump in August, arguing use of the song in rallies and in videos of past rallies was infringement. Thrash’s order does not include the videos, however, as he reasoned that videos of previous events don’t pose the same risk of imminent harm to the estate.
The AHL and nine teams will answer APM’s complaint and seek its dismissal. Potential defenses include the league and teams insisting they had permission through a license, or that reasonably believed they had permission based on business arrangements. Music licensing agreements, including when they involve artists and publishing companies, can prove complicated and lead to conflicting interpretations.
The defendants could also argue fair use, which means lawful copying of others’ works in certain circumstances. Those circumstances can include news reporting or for parody or criticism. Fair use analysis weighs several factors, including here the purpose and amount of music copying, to what degree the copying undermines sales of the song and whether and to what degree the original song is transformed into a new work in the videos. One hurdle for a fair use defense is that while some of the social media videos share news or information–such as a team winning a game or letting fans know about how to buy tickets–they might more accurately be regarded as marketing devices intended to boost engagement and generate revenue.
Sep 20, 2024
Jeremiah Smith Becomes Red Bull’s First College Football NIL Athlete
Front Office Sports keeps you updated on the latest NIL (name, image, and likeness) deals shaping college sports. Here’s who is cashing in now:
Athlete: Jeremiah Smith
Sport: Football
School: Ohio State
Brand: Red Bull
The deal: Smith, a true freshman who already has 211 receiving yards and three touchdowns after two games with the Buckeyes, is becoming the energy drink company’s first college football endorser. “Off week, got my wiiings,” he posted in a video on his social media channels announcing the partnership, which a source tells Front Office Sports is for multiple years.
The 18-year-old receiver joins Red Bull’s NIL roster, which includes women’s basketball players MiLaysia Fulwiley (South Carolina) and Mikaylah Williams (LSU); volleyball players Bergen Reilly (Nebraska), Madisen Skinner (Texas), and Olivia Babcock (Pitt); and Boston College hockey player Will Smith.
Sep 18, 2024
SHANNON SHARPE DEFEATS BRETT FAVRE IN DEFAMATION SUIT APPEAL
A three-judge panel on the U.S. Court of Appeals for the Fifth Circuit Monday affirmed a trial judge’s ruling last fall to dismiss retired NFL quarterback Brett Favre’s defamation lawsuit against sports talk show host and fellow retired NFL player Shannon Sharpe.
Sep 18, 2024
Brooklyn Nets Sued Over ‘Netaverse’ Trademark Infringement
The Brooklyn Nets are starting the NBA season in another kind of court. The team, along with the YES Network, its television carrier, Canon U.S.A. and the NBA are being sued by software company Phinge in a California court for trademark infringement for the “Netaverse” trademark.
Sep 17, 2024
MLBPA Sues FanDuel, DraftKings Over Use of Player Images
The MLBPA filed a lawsuit against DraftKings and Bet365 Group in U.S. District Court in Philadelphia on Monday. It filed a separate lawsuit against FanDuel and Underdog Fantasy in New York State court. The news was first reported by Law360.
The players’ union argues the betting sites are using their images without permission, and the union seeks compensation and punitive damages.
Sep 17, 2024
Is Venu Dead? Disney Still Pushing Forward With Appeal of Injunction
Before a federal judge granted a temporary injunction last month that FuboTV sought against Venu Sports, the three media giants behind Venu warned that such a decision would “terminate the joint venture.”
But in the one month since the injunction was granted, Disney, Fox, and Warner Bros. Discovery have not abandoned Venu. The trio has pushed forward with an appeal and is preparing for a trial as part of the same antitrust case Fubo launched days after the joint venture was first announced (minus a name, pricing structure, or launch date) in February.
Sep 17, 2024
NFL Cites Jon Gruden Win in Brian Flores Discrimination Case Appeal
In a Sept. 13 brief, the league invokes its recent victory against former Las Vegas Raiders head coach Jon Gruden at the Supreme Court of Nevada to support its contention that Flores, like Gruden, must resolve disputes through an arbitration process overseen by NFL commissioner Roger Goodell before the coach can turn to federal courts.
Although the Gruden case is from another jurisdiction and is not binding precedent at the Second Circuit, the NFL believes it advances league arguments.
Sep 17, 2024
Manchester City’s Premier League Future at Stake in Hearing
A private arbitration hearing that could lead to the expulsion of Manchester City F.C. from the Premier League has begun as the league accuses the defending championship club of violating financial fair play regulations and refusing to cooperate in investigations.
The hearing, which is being held in an undisclosed location and is governed by strict confidentiality provisions commonly found in arbitration proceedings, began on Monday. It is expected to last about three months, and the decision—which is not expected until 2025—could trigger an appeal and subsequent legal challenge.
Sep 17, 2024
Broward Co. amends, extends Panthers' lease
Getty Images The Broward County Commission voted today in favor of amending and extending the Arena Operating Agreement with the Florida Panthers, whose lease at Amerant Bank Arena would’ve expired in 2028. The new deal could run as many as 19 years .
Sep 14, 2024
WHL's Braxton Whitehead commits to Arizona State, challenging NCAA rules
Braxton Whitehead of the Western Hockey League's Regina Pats has received a verbal commitment for the 2025-26 season from Arizona State University's Division I program despite NCAA eligibility rules that prevent any player who has appeared in a major junior hockey game from playing college hockey.
Sep 13, 2024
The Dolphins Are Taking The NFL’s Private Equity Plunge
A piece of the Miami Dolphins is for sale—again.
After failing to sell a stake to billionaire Ken Griffin in April, team owner Stephen Ross is trying to take advantage of the NFL’s new private equity rules and offload a stake in the team, The New York Times reported.
Ross had previously been seeking to sell as much as 15% of the team. Talks with Griffin fell apart over Ross’s desire to keep control of the franchise.
The deal would include partial ownership of the Formula One Miami Grand Prix, and Hard Rock Stadium, where the Dolphins play.
In August, NFL owners voted to allow private equity funds to own up to 10% of an NFL team. To get his 15% sale approved, The Times reported that Ross would add “wealthy individual partners” beyond the 10% allowed for a PE stake. Ross is reportedly talking to Arctos Partners, which also owns a minority stake in the Tampa Bay Lightning.
The stake could see the Dolphins valued at over $7 billion, higher than their Forbes valuation but around their CNBC figure. Though NFL values can be muddy, that would rank the franchise as among the most valuable in the league.
The Dolphins and Arctos did not immediately respond to requests for comment.
Sep 13, 2024
NWSL GMs Say Player Empowerment Has ‘Gone Too Far’
The NWSL has faced quite a few abuse and sexual misconduct allegations since its inception, which reached a breaking point in 2022 after former U.S. Deputy Attorney General Sally Yates published a report stating the league “failed to protect its players.”
The new collective bargaining agreement between the NWSL and NWSL Players Association includes more reforms, such as training programs for staffers. But an anonymous survey conducted by ESPN reveals all 14 NWSL general managers believe the culture changes have skewed too far to the side of the players.
“There’s a fear amongst staff about what you can say, what you can’t say, what you have to ask players’ permission for, what you don’t, if you’re going to get in trouble for this,” one GM told ESPN. “And that means, to me, it’s gone too far.”
General managers said there is concern among staffers about holding private meetings, even if it is to discuss soccer-related matters. The league is acknowledging the concerns of team front offices and aiming to provide resources to help define how to differentiate between appropriate and inappropriate behavior.
NWSLPA chief Meghann Burke told ESPN there is no evidence players have gained too much power amid the clear cultural changes.
Sep 13, 2024
The Next Steps in the Unexpected Pac-12 Rebuild
Just one year after being picked apart, the two-member Pac-12 came roaring back to life Thursday with the announcement that it would add four FBS football schools in 2026: Boise State, SDSU, Fresno State, and Colorado State.
Going forward, the conference will look to sign a media deal and finalize a revenue distribution structure with its incoming members. But that’s just the tip of the iceberg if the Pac-12 wants to maintain FBS status, or perhaps regain power conference status.
To keep its bowl-division designation, the Pac-12 needs eight total football-playing members, per NCAA rules. The hunt is on for two more programs, which the conference said the incoming members will help choose.
In media releases, the Pac-12 and schools noted they’re looking at geography as a major factor—suggesting the future members likely won’t come from the East Coast. UNLV, for example, could be a good fit, but poaching more Mountain West schools would be expensive. The Pac-12 is already set to pay $43 million for poaching four schools, as mandated by its scheduling partnership with the Mountain West, and will have to shell out tens of millions more for each additional Mountain West school.
The Pac-12’s next two members probably won’t come from the ACC, either. Despite suggestions that Stanford and Cal scrap their plans of flying cross-country for minimal revenue distributions in the ACC, the two are highly unlikely to return to the Pac-12 at this point.
Sep 4, 2024
COURT OKS DIAMOND SPORTS’ NBA, NHL DEALS AHEAD OF KEY FALL HEARING
In August, NFL owners voted to allow private equity funds to own up to 10% of an NFL team. To get his 15% sale approved, The Times reported that Ross would add “wealthy individual partners” beyond the 10% allowed for a PE stake. Ross is reportedly talking to Arctos Partners, which also owns a minority stake in the Tampa Bay Lightning.
Sep 3, 2024
Pac-12, Mountain West Won’t Extend Football Partnership to 2025 Season
The Sept. 1 deadline to renew the football scheduling partnership between the Pac-12 and Mountain West passed this weekend without a formal agreement. It “does not appear” that the deal will be renewed at all, even at a later date, a source confirms to Front Office Sports.
Sep 2, 2024
ESPN Bet Remains Optimistic Heading Into Pivotal Year 2
As the NFL season rolls around, ESPN approaches the first anniversary of the launch of its first sportsbook, ESPN Bet.
Since ESPN entered a 10-year, $2 billion partnership with Penn Entertainment and rebranded the Barstool Sportsbook to ESPN Bet, the sports media giant has yet to achieve significant gains—at least in terms of market share.
In a May report by Eilers & Krejcik, ESPN Bet had secured only 2.8% of the online sports betting market share compared to a combined 74% by FanDuel and DraftKings. Penn president Jay Snowden said last year that the company is projecting 20% market share by 2027.
But ESPN claims it’s where it wants to be. During the company’s media day in Bristol, Conn., on Wednesday, Mike Morrison, VP for ESPN Bet and ESPN Fantasy, told Front Office Sports that ESPN is “happy” with its growth.
Aug 31, 2024
Everything to Know About ‘Pac-2’ Football This Season
In a May report by Eilers & Krejcik, ESPN Bet had secured only 2.8% of the online sports betting market share compared to a combined 74% by FanDuel and DraftKings. Penn president Jay Snowden said last year that the company is projecting 20% market share by 2027.
Aug 26, 2024
Haas F1 Cars Briefly Stuck in Netherlands Amid Russian Payment Dispute
But ESPN claims it’s where it wants to be. During the company’s media day in Bristol, Conn., on Wednesday, Mike Morrison, VP for ESPN Bet and ESPN Fantasy, told Front Office Sports that ESPN is “happy” with its growth.