Seattle Mariners catcher Cal Raleigh just made history. Not only did he become the first catcher in Major League Baseball history to win the Home Run Derby, but he also did it with a nickname, Big Dumper that has been echoing across social media ever since. The name, originally inspired by Raleigh’s physique, has exploded in popularity. Fans have been creating custom jerseys with the nickname on the back. At this point his nickname might be more well-known than his real name. In a recent interview, when asked if he planned to trademark the nickname or start building a brand around it, Raleigh responded, “I’m just focused on the season.” That’s a professional answer. With the playoffs around the corner and having signed a $105 million contract extension earlier in the year, keeping his head in the game makes sense. Focusing on the game does not mean he has to ignore his brand though. Raleigh can stay focused on baseball and wait until the offseason to work on his brand while still securing his trademark rights by filing a 1(b) trademark application. A 1(b), or "intent-to-use" trademark application, is one of the most practical tools available to athletes, creators, and entrepreneurs. In simple terms, intent to use application is a filing with the United States Patent and Trademark Office (USPTO) where the applicant declares a genuine intention to use the trademark in commerce in the near future, even though the mark is not yet being used. The best part? The person who files the application does not have to sell products or offer services right away. This means they can get a filing date earlier than a possible competitor. Ultimately the mark has priority over someone else’s if a legal conflict develops. A person may claim use in commerce between the date they file their application and the date the USPTO examining attorney approves their mark for publication in the Trademark Official Gazette. Also, use in commerce may be claimed within the first six months after the date they were issued a Notice of Allowance (NOA), which is a notice indicating their mark has been “allowed” for registration (but has not yet registered). During this period, a Statement of Use is filed to claim use of the mark in commerce. The USPTO allows up to five six-month extensions to file a Statement of Use after a Notice of Allowance is issued. An applicant can have a maximum of three years (36 months) from the Notice of Allowance date to file the Statement of Use, provided they file the extension requests and pay the required fees.  Raleigh is having a career-defining season, becoming the first catcher ever to win the Home Run Derby, leading the league in home runs, and currently holding the second-best odds for American League MVP. Moments like this do not come around often, and they create a window of peak visibility that every athlete should be ready to capitalize on. This is the perfect time to turn on-field success into off-field opportunity. With the surge of attention surrounding his nickname, there’s little doubt he could build a powerful and profitable brand from his name, image, and likeness. Athletes work their entire careers to get in the spotlight, but the financial upside doesn’t stop with their contracts. The most marketable players in sports, from LeBron James to Shohei Ohtani, leveraged peak moments to launch or strengthen their personal brands, creating income streams that can far outlast their playing careers. By not taking steps to secure and develop his brand now, Raleigh could be leaving millions on the table. Trademarks, endorsements, licensing deals, and merchandise all start with owning the rights to your identity. Without that foundation, someone else can cash in on your moment while you get nothing. If Raleigh filed a 1(b) for “Big Dumper” right after the Derby, he would not need to release anything or even have a business plan. He would have peace of mind knowing he had his priority date, and he can focus on the season. Now, with major outlets covering the nickname and fans eager for gear, the clock is ticking. Trademark squatters are real. Once they see value in a name, they file first and either try to sell it back or block the original owner from using it. If that happens, Raleigh could end up spending thousands of dollars or worse, losing the rights to his own nickname. Similar to any business, it starts with protecting your assets. In sports, the best players prepare for the next pitch before it is thrown. Off the field, the principle is the same, anticipate the opportunities and protect your position before someone else takes it. Raleigh has already made history with his bat. A simple filing could make sure he owns the history he is creating with his name.   https://www.nilinmotion.com/

First Yeti. Now Mammoth. Utah’s NHL franchise is already in its second trademark dispute. The first dispute came before the team even had an official name. In early 2024, Smith Entertainment Group (SEG) applied to register “Utah Yeti” with the United States Patent and Trademark Office (USPTO). On the surface, the name seemed like the perfect fit. It was memorable, distinctive, and great for merchandise. Unfortunately, in March 2024, the USPTO refused the application. The refusal cited a “likelihood of confusion” with YETI, the well-known cooler and drinkware company. In trademark law, products do not have to be identical for a conflict to exist. It is enough if the goods or services are related in a way that might cause consumers to believe they come from the same source. Different companies can feature a similar name if they are clearly in different fields, but it seems likely the sports apparel was too similar to the YETI products. A USPTO refusal for “likelihood of confusion” is not always the end of the road. Even when the examining attorney believes two marks are too similar, the parties involved can sometimes negotiate what’s called a coexistence agreement or consent agreement. This is a written deal where both sides agree that each can use the mark, often with certain restrictions. For example, using it only for specific products, in certain geographic areas, or with clear branding differences to avoid confusion. SEG tried to negotiate an agreement with the cooler company, but neither side could come to an agreement. At that point, SEG had no choice but to abandon the “Utah Yeti” application and begin the search for a new name. After an unprecedented naming process that put the decision in the hands of fans, Utah’s NHL franchise went through four rounds of public voting that started in mid-2024 and ran into early 2025. The list of twenty potential names was narrowed down to three finalists Utah Mammoth, Utah Outlaws, and Utah Hockey Club. More than 850,000 votes were cast, and ultimately, Mammoth won decisively in the final round. In May 2025, the franchise officially unveiled its new identity as the Utah Mammoth. For the first month, the rollout appeared smooth. Then Mammoth Hockey, a smaller company that has been selling hockey bags and other Mammoth-branded gear since 2014, sent a cease-and-desist letter to SEG. The company argued that the team’s name would likely confuse consumers into thinking the two were connected, warning that “it is highly likely that consumers will confuse the two marks, risking our client’s business and operations. Hockey enthusiasts who pledge support for a team other than Utah Mammoth will not purchase goods from our client due to the consumer’s mistaken belief that such a purchase would support a rival team.” Mammoth Hockey does not have a federal trademark registration for the “MAMMOTH” name. Instead, they are relying on common law trademark rights, which are based on use of the trademark in commerce within a particular geographic area. You may only be able to enforce those rights in the specific areas in the United States where you use the trademark if the use covers less than the entire country. On August 1, SEG filed a lawsuit in U.S. District Court in Salt Lake City seeking a declaratory judgment that its use of “Utah Mammoth” is lawful and does not infringe any trademark rights. SEG also pointed to Mammoth Hockey’s earlier public support for the name, including a Facebook post highlighting “Mammoth” as a favorite to become the new name of the team and prior messages from its founder about a possible collaboration. The bigger takeaway, however, is the importance of securing your trademark early. If Mammoth Hockey had filed for a federal trademark back when they began using the name in 2014, they would be in a much stronger legal position today. Federal trademark registration gives you the legal presumption of ownership nationwide, the exclusive right to use the mark in connection with your goods or services, and a stronger position in disputes like this one. Without a registered trademark, they lack the full protection that comes with federal rights, especially when facing a well-funded professional franchise. The Utah Mammoth are unlikely to be forced into another rebrand. A more realistic outcome is a settlement or coexistence agreement that allows both parties to continue using their names within defined boundaries. This serves as a clear reminder, filing a trademark is not just a formality; it is a vital step in protecting your brand, reputation, and long-term business. While this situation may not end in a dramatic courtroom battle, it will be worth watching how the dispute is ultimately resolved.

Whenever a city can host a major sporting event—no matter if it’s the Super Bowl, FIFA World Cup, All-Star Game, or National Championship—it’s frequently met with mixed reactions. Critics are quick to raise concerns  about public subsidies, infrastructure overhauls, and temporary job creation. Others fault organizing bodies of tournaments, like FIFA or the NFL, arguing  these bodies exploit local host committees and withdraw valuable resources without delivering the long-term benefits promised in the underlying host bid process.   But a closer look at the numbers—and the playbook for pulling off the successful hosting of major sporting events—reveals a picture filled with optimism . If handled correctly, these massive events can inject  billions into the local economy, bolstering tourism, spurring job creation, and enhancing the global status of a city. The key is robust local buy-in and intentional community investment, allowing  host cities to ensure the financial benefits are shared equitably and invested where they can be most impactful.   2026: South Florida and Miami’s Moment on the Global Stage Greater Miami and South Florida, for example, are on the cusp of a record sequence of international and national sports and entertainment blockbuster events. In the next year, South Florida and Miami will welcome  the World Baseball Classic, host  the College Football National Championship, and serve  as a site for several FIFA World Cup matches. Factoring in annual events like the Formula 1 Grand Prix, Miami Open, and Art Basel (not to mention the typical schedules of the city’s five professional sports teams) will result in the global spotlight shining  brighter than ever before on Miami and South Florida more broadly.   The complete lineup headed the city’s way will present a remarkable opportunity but also an enormous challenge. With ever-growing numbers of eyes now trained on Miami, success will depend on the city’s ability to plan strategically so residents and nonprofit organizations—instead of just event planners—are well-placed to share in the spoils. Dispelling the Myth: Do Events Like the World Cup Take More from Communities Than They Give Back? You’ve likely already heard the critique : hosting massive events like the FIFA World Cup all too often leaves cities financially worse off. There’s no doubt these events are expensive—Miami-Dade County approved  $46M in funding for their World Cup host committee, including $25M in in-kind county services like fire rescue and police and another $21M in cash subsidies (which have faced recent calls for retraction)—with similar spending  across many of the other fifteen host sites for the 2026 tournament. Understandably, residents have been vocal  about their concerns—especially as Miami faces budget cuts to the arts  and community programming  for social services.   These fears, as valid as they are, can all too easily overshadow the broader economic context. To put things in perspective, the New York/New Jersey Host Committee for the 2026 World Cup calculated  that the event will generate a $3.3B economic impact within their region alone—$1.7B in spending by visitors and $1.3B in labor income. Down south, Miami’s host committee is projecting  up to $1.5B in economic impact, with some comparing  the financial payout to hosting seven Super Bowls in a single summer. These benefits extend far past the stadium’s entrance gates— spreading  outward to local restaurants, hotels, boutique stores, and transportation services, all of which rely on these sorts of big events for much of their financial income. Notably, these businesses also generate additional tax dollars that can be reinvested into public services, fostering even more positive impact for host cities. Local Buy-In: The Missing Link As much as these projections are astronomical, there is a harsh reality  behind the scenes: community buy-in is the kiss of life or death for long-term success in staging the grand event. Not only do these events need publicity—they also require  local support to complement the underlying contractual obligations from host city bid commitments. Small business involvement, workforce participation, and local government accountability are essential  to successful event hosting in these cities. If residents are made to feel overlooked or excluded, the perceived benefits these major tournaments bring can rapidly turn sour .   Host cities that are able to engage  in their communities early—creating pathways for local business involvement, ensuring jobs for local workers, and offering budget transparency—are in turn enabled to create a lasting, positive legacy. For example, Miami’s $25M investment  in in-kind county services for the World Cup is more than just a feel-good headline—it’s a commitment by the city to ensure public safety and operational excellence, a key point after challenges  in recent tournaments. A well-run event is one that will encourage  return tourism and will raise the city’s international reputation—but that outcome only has value if locals also feel the impact: better infrastructure, more jobs, and stronger public services are essential to a positive hosting outcome. Going for Goal: Infrastructure, Jobs, and Long-Term Value It’s no secret that these large-scale events are incredibly labor-intensive, demanding  thousands of workers. In New York/New Jersey, officials are preparing  for the creation of nearly 26,000 new jobs in relation to the 2026 World Cup—including positions in hospitality, construction, security, and event logistics. A similar boom of job creation is likely to befall Miami, especially with the city preparing to host a number of events in such a short duration of time.   The payoffs for hosting these events go far, far beyond  the shriek of the final whistle or the last fan exiting out of the stadium. Infrastructure upgrades —specifically to transportation  networks, security systems, and stadiums—will serve these local city communities for decades and decades to come. The key to making such an impact lies in making sure projects of long-term use and durability are prioritized—not just those exhibiting event-specific flash. Global Visibility: Providing a Priceless Boost As it was aptly described  by Miami-Dade Commissioner Oliver Gilbert, “[w]e are going to have every camera in the world in Miami-Dade County.” That type of visibility goes far beyond symbolism. It turns into long-term economic upside, with cities hosting these sorts of global events often seeing trickle-down increases  in international business investment, cultural prestige, and local tourism—effects potentially benefitting host cities for years to come.   Fans and locals alike should look at Miami and other host cities not as destinations but as global brands . Events like the National Championship Game and FIFA World Cup allow hosts to showcase  the energy, diversity, and infrastructure of their city on a gigantic—often global—stage. When that spotlight is paired with effective local planning and wise governmental stewardship, the returns  can be truly spectacular. A Smart Investment—If Done Right It goes without saying that the economic cost of hosting world-class sporting championships and competitions is a tall ask. However, when matched with an honest government, prudent planning, and most importantly, grassroots community backing, the return on investment can be simply mind-boggling for any host city. Winning takes an all-in team effort.   South Florida and Greater Miami have a once-in-a-generation opportunity to make an example of itself. In choosing to put the community first in their event hosting and making sure economic returns accrue not just to sponsors and organizers but also to the people who live in the city and work there every day, these hosts have the ability to redefine how to host big sporting events on an international stage—coming out stronger and more united on the other side.   Oliver Canning is a 3L at the University of Miami School of Law. He can be followed on Twitter (X) @OCanning and found on LinkedIn .

As a Jets fan living in New Jersey, I should have known better than to hope for a calm start to training camp. The first two days were chaos. On Day 2, quarterback Justin Fields limped off the field, and within minutes, ESPN’s Adam Schefter sent out a tweet suggesting Fields might have torn his Achilles. For the next two hours, the entire New York media was in a frenzy, speculating on who the Jets’ next quarterback might be, and how this franchise could possibly be this unlucky. First Aaron Rodgers, and now Fields? Two quarterbacks with so much hope out for the year before the season even started. Luckily, a sigh of relief came when head coach Aaron Glenn announced after practice that Fields only dislocated his toe. Crisis averted, at least on the field. While Jets fans could breathe again, I’m not sure the team’s marketing and legal departments felt the same way.  The Jets unveiled their revamped locker room at their training facility in Florham Park, NJ and it is everything a player could hope for and more. They have customized lockers, a new sauna, and even a full barbershop. Yet the biggest talking point was not the upgraded facilities, it was the phrase “Gotham City Football,” styled in bold green lettering above every player’s locker. After the phrase was featured as the new brand strategy for the Jets, the team may not be able to secure a trademark registration for it. Unlike the Fields injury scare, this one is not an overreaction. The Jets filed a trademark for the phrase “GOTHAM CITY FOOTBALL” May 2024. A registered trademark would give the team legal protection and exclusive rights to use the name on clothing, namely, shirts, t-shirts, tops, sweatshirts, hooded sweatshirts, caps, and hats.  When an entity applies for a trademark, the U.S. Patent and Trademark Office (USPTO) reviews the trademark application to see if it meets all the legal requirements. If they find certain problems with the application, they will issue a trademark refusal. A trademark refusal (or office action) is a legal explanation as to why your application cannot move forward unless you fix the issue. A final trademark refusal (or final office action) means the USPTO did not accept your response to the first refusal and is now officially rejecting the application. At this point, you would typically need to appeal the decision to a board called the Trademark Trial and Appeal Board (TTAB) if you want to keep fighting for your trademark. Unfortunately, on June 12, the U.S. Patent and Trademark Office (USPTO) issued a final refusal. The two key reasons for the refusal were geographic descriptiveness and the likelihood of confusion. Geographic descriptiveness is a type of trademark infringement where a name describes the origin or location of the goods or services. For example, a city, state, or region cannot be registered as a trademark on its own. The USPTO does not want one business to have exclusive rights to a place name that others may fairly use. An example of this would be “CHICAGO PIZZA.” A trademark is meant to distinguish one brand from another, so if a brand name only tells you where the product comes from and what it is then the mark may be rejected for being too generic. A generic name lacks the uniqueness required for trademark protection. Unfortunately for the Jets, the USPTO claimed that Gotham City is a known term for New York City. While the Jets argued that “Gotham City” is tied to the Batman franchise and is more fictional than factual, the examining attorney thought otherwise. The examiner pointed to a magazine where the author used the term to describe New York City in 1807. Due to this fact, the USPTO ruled that “GOTHAM CITY FOOTBALL” describes a geographic region, which generally is not eligible for trademark protection. In my opinion, this argument feels like a bit of a stretch. While “Gotham” is the name of the fictional city in Batman, it was originally inspired by New York City. Relying on a 200-year-old reference to claim that the term is geographically descriptive seems like a reach. Today, “Gotham” is far more commonly associated with the Batman universe than with New York itself. If anything, nicknames like “THE BIG APPLE” are much more widely recognized as referring to the city. The geographic connection becomes even more questionable when you consider the Jets' actual location. Although they fall within the New York media market, their practice facility is in Florham Park, New Jersey, and they play their home games at MetLife Stadium in East Rutherford, New Jersey. At no point do the Jets physically operate within the state of New York. Even if the USPTO agreed with the Jets that "Gotham City" is not geographically descriptive, there’s still another hurdle to overcome, likelihood of confusion. This is the most common trademark infringement. A likelihood of confusion means there is a probability that consumers would be confused by similar marks. In this case, the Jets’ application conflicts with two existing registrations, one from a popular Jets fan club called the “GOTHAM CITY CREW”, and another from “NJ/NY GOTHAM FC” of the National Women’s Soccer League. Both entities already hold registered trademarks. The USPTO argued that consumers might assume the Jets’ merchandise is affiliated with the fan club. On top of that, NJ/NY Gotham FC already owns a trademark registration for apparel, which is the same class the Jets are applying under. So even if the team clears the geographic hurdle, they will still need to overcome the likelihood of confusion before their mark can move forward. For the Jets, facing a likelihood of confusion refusal like this is unfortunate but avoidable. Filing a trademark costs next to nothing for an NFL team, and they could have secured rights to “Gotham City Football” long before rolling it out across their branding. It is mind blowing that a fan club beat them to the punch, but that is the reality of trademark law. The USPTO does not care how famous you are, if someone else filed first your application will get refused. What makes this worse is that the Jets’ practice facility is only a few miles from NJ/NY Gotham FC’s headquarters. They could have created an agreement where both teams could have ownership of Gotham City apparel. With the proper trademark training these likelihood of confusion obstacles could have been avoided. The Jets might have one Hail Mary before appealing to the TTAB. Within the time frame for the nonfinal notice till the deadline to appeal the TTAB can request for reconsideration. According to the Final Office Action this could be done by submitting evidence for Amendment to Claim Acquired Distinctiveness under Section 2(f). To show proof under, Amendment to Claim Acquired Distinctiveness under Section 2(f) the Jets need to submit evidence where the mark has become distinctive of the goods and/or services through the applicant’s substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least five years immediately before the date of this statement. They might be able to show this because back in 1963, the then-New York Titans were acquired for $1 million by Gotham Football Club Inc., and as stated before they referred to their jerseys in 2019 as Gotham Green. If the reconsideration does not work, then their last resort is to appeal to the TTAB. The TTAB which would allow a panel of judges to review the decision. After that they do not lose the right to use the phrase, but without a federal trademark registration, they do not have strong legal protection. If another company, or even a fan group started selling gear using that phrase, the Jets would have a much harder time stopping them. They would not have access to certain legal benefits, like nationwide protection. Unfortunately, across all sports, these trademark stumbles keep happening. Professional sports teams do not do a good job filing a trademark or doing their research. For example, when Cleveland’s MLB team rebranded from the “Indians” to the “Guardians” in 2021, they forgot to check, a local roller derby team had the same name. Also, Utah’s Hockey trying to file “UTAH YETI” which was ultimately rejected, and the Tampa Bay Buccaneers had their trademark filing for “BUCS” refused by the USPTO. No matter the sport, professional teams keep showing that they are not on top of prioritizing trademark filings for their team. At the end of the day, sports franchises are businesses, and they need to treat trademark protection like a business priority. It is not just about legal rights; it is about being able to market confidently without risking rebrands, delays, or public embarrassment. At the end of the day, this case is a great example of how tricky trademark law can be, even for a major professional sports team. It also shows that branding is not just about cool slogans and new locker room designs. It is about securing legal rights to those brand elements so they can be used to grow, protect, and monetize the franchise. If the Jets want to keep building out “GOTHAM CITY FOOTBALL” as a legitimate identity, they will need to find a way through appeal or creative rebranding.

What is StudBudz? Recent WNBA headlines are not focused on referee disputes, exciting buzzer-beaters, or honorable rookie statistics. Currently, the spotlight is on the StudBudz, featuring the pink-haired Minnesota Lynx stars Courtney Williams and Natisha Hiedeman. Together, they have launched a Twitch-based livestream that highlights unfiltered off-court moments, personal stories, and allows for fans to interact with the stars in real time. Their Twitch bio , stating "just two Stud Budz who hoop and live our best life," wraps up what this stream is about. What began as a lighthearted stream filled with laughs, behind-the-scenes exposure, guest WNBA player appearances, and an inside look at the day-in-the-life of professional athletes has evolved into something more. The StudBudz have created a platform for athletes to build their brand, redefine what player-driven media looks like for professional sports, and have given the WNBA a brand-new buzz in a way never seen before. With over 70,000 followers , the StudBudz frequently stream after practices and games, providing unfiltered content for fans to enjoy. The All-Star 72-hour Stream The StudBudz have created a way for fans to engage with their favorite players in a way that typical new outlets or interviews cannot provide. This was apparent during the 2025 WNBA All-Star Weekend. The two WNBA stars committed to a 72-hour live stream to allow fans to see all of the ins and outs of a WNBA All-Star Weekend, such as the orange carpet, the major events, and a courtside view of the game. During this, fans were able to witness their favorite players, coaches, and even the WNBA Commissioner enjoy their weekend that showed their true selves, while these moments typically are not seen within the media. StudBudz is widely supported by their WNBA counterparts, as seen during the All-Star Weekend by the two team captains. Caitlin Clark , captain for Team Clark, was unable to attend the orange carpet but mentioned that she watched StudBudz and even mentioned her excitement about the event before the weekend . Napheesa Collier , captain for Team Collier, expressed that rather than prep her team for the game, they were prepping to be on StudBudz. “Pay Us What You Owe Us”: Streaming, Salaries, and Speaking Out StudBudz represents a shift in how athletes manage their brands and careers, especially in a league where financial compensation for players remains a challenge. Despite the rapid growth and popularity of the WNBA in the last couple of years, player salaries are still notably low. This has led many players seeking alternative ways to support themselves financially. During the 2025 All-Star Weekend, a Collective Bargaining Agreement meeting occurred, which ended with player frustration. A central focus of this frustration was on the lack of a fair percentage of the league’s shared revenue. Players only receive roughly 9.3% of league revenue, placing these players far behind other professional athletes such as those in the NFL and NHL. This disgruntled ending of the meeting led to players wearing “Pay Us What You Owe Us” shirts during the All-Star game warm-up, sending a clear message on one of the brightest WNBA stages. In this context, platforms like StudBudz are not just a way to entertain fans; they are essential tools for players such as Williams and Hiedeman to take control of their financial future and earn revenue through creative ways outside of their player salaries and raise awareness of the lack of compensation from the league. A Legal Perspective From a legal viewpoint, the rise of platforms like StudBudz shows potential legal issues and opportunities around media and content rights for professional athletes. Unlike traditional broadcast deals, player-driven streams operate in a decentralized area that is often outside the scope of existing league media agreements. This creates room for athletes to be innovative but also highlights a loophole that is hidden from the legalities of these media rights. StudBudz operates alongside WNBA media efforts rather than competing with them, where the two stars discuss events as they have happened and give real-time player inputs. Legal frameworks around NIL, digital content, and player marketing are attempting to adapt to regulate these new trends of content. As more athletes engage in content creation, leagues may need to update policies to clarify boundaries for athletes, protect intellectual property, and create environments where player-driven media can be successful without legal conflicts and punishments. Looking Ahead: The Future of Athlete-Driven Media in the WNBA and Beyond StudBudz shows a unique future of sports media where athletes can show the world different sides to leagues and professional athletes. For the WNBA, platforms similar to StudBudz could be beneficial in expanding fanbases, increasing sponsorship opportunities, and deepening fan loyalty through a new form of engagement. With this stream being a complementary source of media, the WNBA could embrace this media to boost its growth. Looking forward, we can expect more players to continue to engage in social media like Twitch or TikTok to share their stories and life updates rather than in a more scripted manner in typical news sources. StudBudz challenges traditional media and invites leagues to rethink their role and possibilities for fan engagement. As the legal issues surrounding this new form of fan engagement evolve, the relationship between athlete empowerment, fan connection, and league growth will be critical in defining the next chapter for professional sports leagues.   Katherine Vescio is a 2L at University of Gonzaga School of Law. She can be found on LinkedIn .

One of the most underutilized assets in the NHL is unused cap space. Although no team currently has maxed out its three allotted salary retention slots, that may soon change in light of the updated Long-Term Injured Reserve (“LTIR”) rules outlined in the 2025 Memorandum of Understanding (“2025 MOU”). With less flexibility to manipulate the cap through LTIR, General Managers (“GMs”) may increasingly rely on salary retention to create midseason trade opportunities. While the NHL remains the only league with a salary cap among the Big Four to allow salary retention1, it’s surprising how infrequently it's used—especially by rebuilding teams that could leverage it to acquire additional assets. Key Mechanics A salary retention agreement is a trade mechanism that came into effect under the 2013 Collective Bargaining Agreement (“2013 CBA”) that allows a team to retain a portion of a player’s salary and cap hit to facilitate a transaction with another club. Turning back to the basics to understand the foundation of salary retention, the 2013 CBA established several key rules2: (i) a team may retain up to 50% of the salary and cap hit (AAV) of a player’s contract, (ii) a team may have no more than three contracts with retained salary on its books at any one time, (iii) the total amount of retained cap hit across all such contracts cannot exceed 15% of the “Upper Limit”3 of the salary cap, and (iv) the percentage of salary cap and cap hit retained must remain consistent throughout the duration of the contract. Notably, retention obligations remain in force even if the player is subsequently traded, bought out or retires. The original retention continues to count against the retaining team’s salary cap. In practice, rebuilding teams are typically the ones that are most willing to retain salary, as they often have available cap space and can leverage it to acquire future draft picks and prospects. Stanley Cup contenders, on the other hand, are typically the buyers – that are constrained by the cap – and will find themselves acquiring players at a reduced price via a salary retention agreement. The Middleman Between the Hidden Art There’s a certain art to navigating salary retention deals. A GM must weight several strategic considerations: a player’s cap hit to the acquiring team (a lower cap hit often boosts trade value in the form of better picks or prospects), the remaining term of the contract (since retention applies throughout) and whether a buyout might offer better cap efficiency. These dynamics often come into play when dealing with seasoned veterans – playing with significant AAVs nearing the end of their careers (and contracts) and playing for non-contending teams – who make ideal candidates for retained salary transactions. One creative strategy that teams have used in the past was the “double retention deal.” In this setup, a third-party team acted as a broker to facilitate the acquisition of a high-salary player by a contending club. For example, if Team C wanted to acquire a star player from Team A but couldn’t fit the full cap hit, Team A could first trade the player to Team B while retaining 50% of the salary. Then, Team B would retain 50% of the remaining salary and flip the player to Team C. In the end, Team C would acquire the star player at just 25% of the original cap hit—effectively converting cap space into a tradeable asset for Teams A and B, typically in exchange for a mid-round pick or a prospect. Consider the case of Ryan O’Reilly in 2023. He was part of a three-team trade in which St. Louis first retained 50% of his $7.5 million AAV and sent him to Minnesota. Minnesota then retained 50% of the remaining amount ($1.875 million) and flipped him to Toronto. As a result, the Maple Leafs acquired a proven, top-six center for just 25% of his original cap hit—approximately $1.875 million. This type of cap gymnastics is often used by contenders gearing up for deep playoff runs. Toronto, however, made it as far as the second round – so, you know, deep by local standards. The trade remains a textbook example of how teams once used broker clubs to stretch their cap space even further – a strategy now restricted by the 2025 MOU. Cap-ital Gains or Cap-ital Offense? We have seen teams convert unused cap space into trade currency to accelerate their rebuilding process through brokered deals when they may not otherwise have a seasoned playoff veteran available for sale. Even though the argument could be made that increased liquidity in the trade market – especially under a hard and flat cap – should reward a disciplined GM with its cap management that can think of creative ways to rent out its unused cap space, there was a clear market inefficiency that needed regulation. Then came the mechanism through the 2025 MOU that effectively shut down the double retention deal discussed earlier. Under the new rules, teams are now required to have a 75-day waiting period before a retained salary contract can be moved again with further retention. As a result, GMs can no longer stack retentions in rapid succession, significantly curbing the flexibility once exploited in these three-team broker deals. The End (of Double Retention) Retention, which was once a cap relief valve, is now a memory of playoff-bound opportunism. For years, teams exploited the double retention loophole to trim millions off the books, paving the way for contenders to land star talent while everyone walked away satisfied. But, the 2025 MOU rewrote the playbook. With new restrictions in place, GMs may need to get more creative to navigate around the rules. GMs must ensure that trades do not constitute – or appear to constitute – circumvention of the 2013 CBA, as such transactions are subject to review by the league and potential rejection.4 Whether this signals a philosophical shift towards the NBA and NFL model – where contracts typically move cleanly from one team to another and “dead money” penalties replace retention tactics like the triple backflip handspring stunts that we’ve seen in the past (like with Ryan O’Reilly) remains to be seen. What’s certain is that as the NHL’s cap landscape grows more complex, it might be time to bring in some true cap specialists to help steer the ship. 1 While the MLB does permit salary retention in trades, it operates without a salary cap. As such, teams aren’t using salary retention as a cap maneuver, but rather as a means of subsidizing a player’s contract – essentially offering a cash discount to the acquiring club. 2 See 2013 CBA, Art. 50.5(e)(iii) (Feb. 15, 2013). 3 The Upper Limit of the salary cap is the maximum a team is permitted to spend on the combined average annual values (AAVs) of all player contracts on its roster in a given league year. For the 2025-2026 season, the Upper Limit of the Salary Cap is $95.5M. 4 See 2013 CBA, Art. 26. Corey Spector is a licensed attorney in NY and ON (Canada). He can be found on LinkedIn .

Staying competitive in an ever-changing world of collegiate athletics is about having an identity, strategy, brand, and a willingness to adapt. That’s exactly what the American Athletic Conference is trying to do with its official rebrand to The American Conference, or simply The American. The league is also shedding the “AAC” nickname, which was often confused with the Power Five’s ACC (Atlantic Coast Conference). Now the conference can move forward with a simpler, bolder identity. A rebrand is necessary to attract top-tier recruits and sponsors to a conference people most likely never heard of. There’s no real rebrand without trademark filings. A trademark is legal protection for a name, logo, slogan, or other brand elements that distinguish an organization from another. In the sports world, trademark filings and registrations become a valuable asset through licensing agreements. A license agreement is a formal agreement giving a person or organization permission to legally use the trademark filings/registration to third parties for the creation and sale of merchandise. To go along with their rebrand, The American recently filed federal trademark applications for their new business division, “AMERICAN RISE VENTURES,” and the design of their newly introduced mascot named Soar the Eagle. The conference has held a federal trademark registration for “THE AMERICAN” since 2015 nearly a decade before the name change was officially announced. These trademark filings/registrations are key assets for the conference which can be used for licensing agreements. To streamline and scale this process, the conference launched American RISE Ventures. The new business division is responsible for the league’s commercial growth. This is done through sponsorships, media rights, tech innovation, and long-term strategic partnerships. In simple terms, American RISE Venture will oversee the licensing of the conference’s intellectual property to apparel companies, content distributors, corporate sponsors, and any other entities that will generate revenue for the conference. For a mid-major conference without massive media rights, turning intellectual property into a monetized brand is a smart and necessary way to grow financially. Under the proposed House v. NCAA settlement, Division I schools will be permitted, though not required, to share up to 22% of their average annual athletic revenue with student-athletes, with a projected cap of $20.5 million per school. A school’s financial situation is everything in the new era of college sports. Compensating athletes is no longer optional, it’s essential to stay competitive. Knowing how important money is to be nationally competitive, The American Commissioner Tim Pernetti announced that all schools except for Army and Navy (players cannot receive compensation at these schools) must commit to distributing at least $10 million to athletes over the next three seasons. He became the first commissioner to set such a standard. This announcement was pivotal because The American has taken some big hits in recent years, losing Cincinnati, UCF, and SMU to larger conferences. The conference has responded aggressively by adding seven new programs, such as Charlotte, FAU, North Texas, Rice, UAB, UTSA, and Army (football-only). With 15 teams now in the fold, the conference is betting on fresh markets, strong leadership, and a brand that speaks to both tradition and innovation. While The American is not stacked with perennial playoff contenders, Army and Tulane still flirted with the College Football Playoff race last season. Maybe extra money going to schools within the conference can attract the athletes required to be in serious contention. The gap to the College Football Playoff may seem like a pipedream, but The American Conference is positioning itself as an innovative, forward-thinking conference where the rest of the country will have no choice but to take notice. Soon that pipe dream might become reality.

Professional football’s landscape is once again shifting—this time with more force than ever. Puma and Manchester City have just announced a staggering extension of their kit sponsorship contract, one that could exceed an unprecedented $1.5 billion. The deal, which will now carry City’s partnership with Puma through at least 2035, has redefined the financial ceiling for kit manufacturer agreements while underscoring the value that can come from aligning a global brand with continued dominance on the pitch.   City is reportedly set to take in nearly £100M ($134M) per season, a notable increase from the £65M ($88M) they agreed to during previous contract negotiations with Puma in 2019. The deal will be the richest in the history of the Premier League—even surpassing the 2023 pact Manchester United signed with Adidas back in 2023 (10 years at £900M, or $1.2B). While critical financial terms and performance-based incentives will naturally remain confidential, the vast scope of the parties’ agreement speaks volumes. Clearly, Puma aims to bet big—not just on the continued success of City, but also on the club’s ability to keep driving fan engagement across the globe via both traditional and emerging platforms.   Puma’s Premier Partner: A Relationship Built on Success Manchester City’s first contract with Puma came before the 2019–20 season—a linkup that was perfectly in sync with one of the most decorated periods in City’s club history. Over the next six seasons, the men’s team took home a whopping four Premier League titles—most prominently a 2022–23 campaign in which City won the treble and lifted both the FA Cup and Champions League trophies. Not to be left out, the women’s team added hardware of their own, with both squads being featured as critical pieces of Puma’s sports marketing empire.   Since beginning their storied partnership, the two parties have pushed the boundaries of creativity in kit sponsorships—from debuting AI-made fan jerseys to dropping kits in the metaverse , City’s relationship with Puma has evolved well beyond traditional apparel. The collaboration between the two has become a case study for how elite performance and digital engagement innovation can join forces to drive global revenue and reinforce brand identity. The CEO of City Football Group (CFG), Ferran Soriano, highlighted the extreme ambitions of their Puma partnership, saying , “We joined forces with Puma with the ambition to challenge ourselves and go beyond the expectations. We have achieved this and more over the last six seasons." Soriano’s sentiments were reiterated by Arthur Hoeld, CEO of Puma, who pointed to the “great success both on and off this pitch” that the two groups had enjoyed over the course of their relationship. Notably, the deal will also deepen Puma’s connection to the CFG umbrella—already including clubs like Girona, Mumbai City, Palermo, and Melbourne City—strengthening the brand’s global ties with roots now spanning multiple continents.   The Global Arms Race of Kit Sponsorship More than just a flashy headline, City’s deal reflects the new economics of elite global football. These sorts of sponsorships are no longer reduced to mere logo placements on jerseys. The partnerships of today span merchandising, data insights, licensing, IP rights, and more. For clubs, they also serve as a crucial revenue stream that supports more than just roster building—it’s the fuel that drives international expansion.   With billions on the table, the courtship between major sportswear brands and top clubs is further intensifying . Every deal that breaks a record is resetting the global market. Yet, these deals are also including increasingly complex legal structures —varying in terms of their profit-sharing models, performance triggers, and regional licensing rights. While Manchester City’s deal may surpass United’s in terms of its annual value, underlying performance clauses and guaranteed revenue may shift how each deal is truly measured in practice.   Another key consideration is how revenue is reported. Depending on whether merchandising is outsourced or handled in-house, the same £100M may show up in entirely different ways in reports or on a team’s balance sheet: net revenue vs. gross revenue or direct vs. sublicensed. While it may seem subtle, these nuances matter—especially when comparing league rankings of commercial income and club financials .   Europe vs. the U.S. Model: A Stark Contrast in Sponsorship Frameworks This sort of mega-deal, club-first structure is largely unique to European football. In the U.S., major professional leagues like the NFL, MLB , and NBA control jersey sponsorships. For example, Nike produces all NFL uniforms, with revenues typically being pooled together and shared across all teams in a system designed to maintain parity.   However, cracks have formed in this centralized model, beginning in 2017 when the NBA permitted individual teams to sell jersey patch sponsorships—granting franchises a slight amount of autonomy despite still facing broader league restrictions. Continuing this trend, the NHL allowed helmet ads in 2020 and jersey patch sponsors in 2022. The MLB also granted teams the ability to have jersey sleeve partners under the 2023 collective bargaining agreement (CBA) and added helmet ads in 2024. The NFL has held out, refusing to allow team-based jersey sponsors beyond their league deal with Nike. Interestingly, despite being a smaller professional league, the MLS was actually early to the game, first allowing jersey sponsors in 2007 (and becoming the first American professional league to have such deals) before permitting separate training kit deals in 2014 and sleeve sponsorships in 2020. These same types of deals are also seen across Europe , with brands like Spotify, Fly Emirates, Qatar Airways, and T-Mobile investing millions to be featured on kits. That said, these patch deals and smaller sponsorships all pale in comparison to full kit agreements like that of Manchester City.   From a legal perspective, these sorts of decentralized deals all come with tight restrictions, such as ensuring that new sponsors don’t conflict with league-level agreements (at least in the U.S.). Teams also frequently negotiate zones of exclusivity, approval rights, and industry categories. For European clubs like City, the freedom to strike global agreements and develop international partnerships allows them to craft massive long-term plans—but also notably shifts commercial and legal risk squarely onto the shoulders of the club.   Looking Ahead: City Sets the Stage Manchester City’s new deal is about far more than just the numbers—it’s a highly successful strategic blueprint for excellence in global sports branding in the 2020s. As streaming continues to expand its reach, emerging markets keep entering the fold, and digital activations are reshaping the very definition of fandom, the clubs with the strongest commercial connections will rise to the top and enjoy an edge that lasts far beyond when the last player exits the pitch.   Puma’s extension signals that City is ready and eager to lead that charge. As teams like Nike’s FC Barcelona or Adidas’ Real Madrid wait in the wings as potential next squads to break the kit sponsorship record, this contract sends a clear message: build a global brand, win consistently, and your shirt will become more than a uniform—it will be a billion-dollar billboard.   Oliver Canning is a 3L at the University of Miami School of Law. He can be followed on Twitter (X) @OCanning and found on LinkedIn .

Texas Tech’s football program is making headlines, and not for the reasons most fans would expect. According to reports, the Red Raiders’ roster will cost over $28 million this season, a staggering figure for a program that has not been ranked since 2018. What’s happening at Texas Tech should not be surprising. It’s a sign of how far the landscape has shifted in the new era of name, image, and likeness (NIL). In the past, schools could lean on tradition, prestige, and pipeline recruiting. Today money talks, and programs without historical dominance have a chance to level the playing field. Texas Tech doesn’t have the national clout of Texas or the historical weight of nearby universities. What truly sets them apart is their NIL collective backed by billionaire donors like Cody Campbell, Michael Portnoy, Vicki Cooper, and even Patrick Mahomes. Armed with unprecedented financial support, Texas Tech entered the offseason with a clear mission to transform itself into a serious contender. In March, they unveiled $240 million worth of renovations featuring brand-new training facilities, advanced weight rooms, upgraded nutrition centers, modern player lounges, and top-tier recovery amenities. Texas Tech also used collective money to secure commitments from 13 four-star recruits, highlighted by a groundbreaking fully guaranteed $5.1 million NIL deal for five-star freshman Felix Ojo. Texas Tech’s added talent should put them into the preseason Top 25 with expectations of making an impact in the Big 12. With the departure of Texas and Oklahoma to the SEC, the Big 12 lacks a true powerhouse football program. Last season, Arizona was picked to finish dead last in the Big 12, but they defied expectations and went on to win the conference championship. If Arizona can do it, why not Texas Tech? The automatic bid to the 12-team College Football Playoff now goes to the conference champion, positioning the Red Raiders just one breakthrough season away from securing a spot on college football’s biggest stage. This would not only be monumental for the players but also for the university as a whole. A College Football Playoff run would convert into an increase in merchandise revenue, larger alumni donations, and a boost in applications. One NCAA report found that after a team wins a national championship, applications increase by 8–12% the following year.  (Anderson, 2017). A separate 2019 study by the Journal of Sports Economics confirmed that athletic success especially in football and basketball leads to noticeable increases in both student enrollment and donations. (Zimbalist, 2019). For a school investing $28 million in its roster, national relevance is the fastest way to turn a short-term expense into long-term gains. The programs that adapt are redefining what success looks like. And at the heart of that shift? Money. With the backing of collective money, programs can now turn things around quickly, making NIL no longer a fringe concept or clever recruiting pitch, but an absolute necessity. It allows programs without deep-rooted traditions or blue-blood pedigrees to compete with the sport’s giants. As Texas Tech is proving, with the right backing and bold execution, NIL can do more than close the gap, it can flip the hierarchy altogether. Schools with financial firepower now have a legitimate path to national relevance. In a landscape where history is being rewritten in real time, NIL has become the fastest way to climb to the top, and it’s only going to become more common. Work Cited Anderson, M. L. (2017). The Benefits of College Athletic Success: An Application of the Propensity Score Design. The Review of Economics and Statistics MIT , 119-134. Zimbalist, B. B. (2019). The Impact of College Athletic Success on Donations and Applicant Quality. Journal of Risk and Financial Management .

Ask almost anyone why they don’t watch Major League Baseball (MLB), and they’ll likely say, “it’s too boring” or “too long.” To address these concerns, MLB introduced one of the most significant game changes in the sport’s history, the pitch clock. This system imposes a time limit to force pitchers to move the game forward. Depending on the situation, different time limits appear. Pitchers have 15 seconds to deliver a pitch if the bases are empty, 18 seconds if there is at least one runner on base, and a 30-second timer between batters. Though this addition has increased the game’s speed, the increased injuries to pitchers following this implementation are notable. A History Behind the Timer Implemented in 2023, the MLB pitch clock aimed to address common criticisms of the game. The goal of the pitch clock is to cut down on the common and lengthy dead time between pitches. This allows for the game to be faster, more exciting, and allows fans to have more to watch. With this season being the second with the addition of the pitch clock, MLB games have been shown to have shortened by roughly twenty minutes. Initially, pitchers had 20 seconds if at least one runner was on base. However, for the 2024 season, this time was reduced to 18 seconds, a change that was opposed by players. Prior to the clock, 54 percent of MLB fans expressed their belief that the games were too long. After the implementation of the pitch clock, only 42 percent of fans expressed this concern. This 12 percent decrease demonstrates improved fan satisfaction. Although fans are more pleased with games, pitcher injuries have spiked, with a potential correlation to this new rule.  A Spike in Pitcher Injuries Since the implementation, Cleveland's  Shane Bieber , Atlanta's  Spencer Strider , the New York Yankees'  Jonathan Loáisiga , Miami's  Eury Pérez , and Oakland's  Trevor Gott  are among the pitchers diagnosed with elbow injuries, some of which were season-ending. Players are urging the league to make a change to the pitch clock due to the increase in injuries. Recently, the Major League Baseball Players’ Association (MLBPA) issued a statement placing the blame on recent pitcher injuries on the pitch clock. A central focus of the debate over whether the pitch clock has led to an increase in injury is the reduction of recovery time between pitches. Union executive director Tony Clark has made several statements regarding the opposition to the pitch clock. Clark has discussed how players have significant concerns regarding health and safety, and that the league is unwilling to truly assess the effects of one of the most significant rule changes in decades. This lack of recovery increases stress on the elbow and shoulder joint in pitchers, which can lead to quicker overuse injuries.   MLB’s Pushback Against the Claim The MLB responded to the union by noting that pitcher injuries have increased over the past three decades, even before the pitch clock was introduced. The MLB claims that there has been an overall increase in pitcher injuries in the past three decades, regardless of the clock being implemented in 2023. Prior to this addition in the MLB, the minor league implemented this clock in 2022 and showed a decline in ulnar collateral ligament (UCL) injuries, a common tear or strain in the elbow for pitchers. MLB suggests that modern pitching trends, such as max-effort throwing (where pitchers consistently deliver each pitch at full velocity) and pitch design (which creates sharper, more unnatural pitch movement), have contributed more to the rise in injuries than the implementation of the pitch clock. MLB also argues that a greater number of players are entering the league with a prior history of injuries. This is thought to be a precursor to recurring issues and further injuries as players continue their careers in the MLB.   Legal and Labor Law Implications The argument the MLBPA presents raises questions about whether the MLB is fulfilling its duty of care to its athletes. If this injury trend and lack of support by the MLB continues, it is possible for athletes to challenge the league for failing to consider foreseeable health consequences and being negligent in player safety. MLB owes a duty of care to its players to prevent foreseeable harm. If the pitch clock significantly increases injury risk, MLB could be liable for those injuries directly caused by the rule change. However, MLB may argue that injuries stemming from pitching mechanics or pre-existing conditions fall outside their responsibility due to the assumption of risk. Similar concerns for player safety have led to major legal action in other professional sports leagues such as the NFL . In 2015 , a settlement was finalized out of a large class-action lawsuit filed by former NFL players who claimed that the NFL had concealed the risk of concussions. Approximately 4,000 former players were directly involved with the lawsuit. Though the NFL had long denied any wrongdoing and insisted that player safety always was their top priority, they reached a settlement over concussion-related brain injuries and agreed to compensate victims, pay for medical exams, and conduct research on the issue. Since the settlement, the NFL has awarded over $1 billion to former athletes who suffered from injury. MLB could face a similar situation if these pitch clock injuries persist. Policy Considerations and Potential Reforms Rather than abandoning the pitch clock entirely, the MLB could adopt targeted reforms to ensure pitchers receive the proper rest and recovery time while also maintaining a faster game pace. Many players oppose the limited time between pitches, especially the 2024 reduction of 20 seconds to 18 when there is at least one runner on base. Reverting to 20 seconds or even adding slightly more time could aid in the recovery of pitchers, especially during longer innings that require more pitches. An increase to 22-23 seconds could significantly reduce the strain on the elbow and shoulder joints. Before the MLB creates changes that would significantly alter the play of the game, they could introduce a medical review panel to assess the potential physical impacts of what they are hoping to incorporate into the game. This could mirror the NFL, where medical advisory boards play a role in evaluation decisions and can help limit the league from future liability by demonstrating a good-faith effort to ensure the safety of players. The Need to Listen to the Voices of Players Although the pitch clock may have succeeded in aiding with the pace of MLB, the rising level of pitcher injuries since its implementation cannot be ignored. While the league benefits from the revenue and enjoyment of the game, the players are the ones who take on the physical burdens of the playing rules. The MLB must consider reforms as players voice a growing discomfort with regulations regarding physical health.   Katherine Vescio is a 2L at University of Gonzaga School of Law. She can be found on LinkedIn .

When news broke back in February of 2021 that Fernando Tatis Jr. signed a 14-year, $340 million extension with the San Diego Padres, several parties were undoubtedly thrilled. Whether it was the Padres organization, MVP Sports Group (Tatis’ agency), or the ‘Friar Faithful’ fans out in San Diego, there were several ‘winners’ from the transaction. However, those associated with Big League Advance were likely pumping fists and popping champagne when they heard the news as well.   Big League Advance (BLA) is a company that offers minor league players upfront payments in exchange for a percentage of future MLB earnings . According to BLAs website, the company has signed more than 700 athletes since its founding in 2016. One of those athletes is Fernando Tatis Jr., who now owes the company upwards of $34 million after agreeing to a deal with them in 2017.   However, Tatis doesn’t appear to be willing to shell out his money to BLA. Last week, the star outfielder filed a legal complaint against the company in the Superior Court of California, County of San Diego. According to a press release from his legal team, Tatis is seeking to hold BLA accountable for “exploitative, predatory business practices, which shamelessly push illegal loans on young, vulnerable athletes — most from economically disadvantaged Latin American countries.”   “I’m fighting this battle not just for myself but for everyone still chasing their dream and hoping to provide a better life for their family,” Tatis states in the release. “I want to help protect those young players who don’t yet know how to protect themselves from these predatory lenders and illegal financial schemes — kids’ focus should be on their passion for baseball, not dodging shady business deals.” This statement conflicts with remarks Tatis made after inking with BLA. According to   The Athletic's Ken Rosenthal, Tatis said after signing with the company that his payments would go toward transforming his minor-league training regimen in the U.S. as well as his offseason plan in the Dominican Republic. That included aspirations of hiring a personal trainer and upgrading his diet and living situation as an MLB prospect. “If I’m a successful player and make big money, I’m not going to care about giving that money away,”  Tatis told   The Athletic in 2018, when discussing his BLA agreement. "That will be nothing if I make all that big money."   While he has certainly become a successful player and has made big money, it appears like his sentiments about giving his money away have changed.   Tatis is not the first player to sue BLA. Former big leaguer and top catching prospect Francisco Mejía sued BLA in 2018, citing “unconscionable” tactics BLA used to persuade him to give up 10 percent of his future MLB earnings in exchange for three separate payments totaling $360,000. However, Mejia eventually dropped his case.   Moreover, BLA recently sued former big league outfielder Franmil Reyes in Delaware Superior Court, claiming breach of contract. BLA says Reyes owes $404,908.87 in past due payments plus $298,749.13 in interest, as well as a yet-to-be-determined amount from when he played in Japan. It's worth noting that like Tatis, Mejia and Reyes both hail from Latin American nations. According to his legal team, Tatis received $2 million from BLA in exchange for 10% of his MLB pay. That means that in addition to the $34 million from Tatis' 2021 contract with the Padres, he's responsible for paying BLA a 10% cut of any subsequent MLB deal he inks.   While BLA has yet to comment on Tatis’ filing, they will almost assuredly answer the complaint and offer several defenses in hopes of convincing a court to dismiss the case. BLA could argue that the contract Tatis signed is not a loan, but instead a deal wherein Tatis received capital that he could use to supplement his minor league earnings. BLA will probably also point out the risk it takes in its deals. If the player (like most minor leaguers) never becomes a regular MLB player, BLA might never be repaid. Moreover, because BLA has also signed many American-born players, they could counter Tatis' argument that they are "exploiting" Latin American players specifically. While it will be fascinating to see how this case develops, Sportico references that Tatis’ suit may hit an arbitration snag . According to the article, it’s possible that a judge will dismiss the case to arbitration. Albeit in passing, the complaint noticeably references arbitration, which could become a key issue. An attorney familiar with player investment contracts told  Sportico  that BLA contracts ordinarily contain arbitration clauses; the attorney requested anonymity because the discussions are private. The complaint claims Tatis has suffered a variety of financial injuries including “arbitration costs as a result of Defendants’ efforts to enforce” the contract. The complaint also argues that its demand for injunctive relief “is not arbitrable,” meaning it would be outside the scope of arbitration. To the extent Tatis is engaged in arbitration with BLA over interpretation of the contract, BLA could argue that Tatis’ arguments must first be determined by arbitration before a court can hear his claims. The loser of an arbitration can petition a federal court to vacate an arbitration award, but that strategy might now be more difficult for Tatis. He is contending the BLA contract is entirely void—and thus non-interpretable–which could make it more difficult for him to argue in arbitration that the contract be interpreted a certain way. In conclusion, while one could attempt to make the argument that BLA’s practices are somewhat exploitive, a deal is a deal, and it appears like proper consideration was exchanged between the two parties. It’s possible Tatis isn’t expecting to free himself of all his financial obligations to BLA and is just attempting to see if he can knock down the $34+ million fee down a bit. Nonetheless, it will be interesting to follow this case and the impact it could have on players signing with BLA moving forward.   Brendan Bell is a Rising 3L at SMU Dedman School of Law. He can be followed on Twitter (X) @_bbell5

In the months leading up to the 2025 NBA Draft, Ace Bailey was projected as the consensus No. 3 overall pick. A high-flying, shot-making wing with tantalizing upside, Bailey stood just behind his Rutgers teammate Dylan Harper and presumed No. 1 overall pick Cooper Flagg in virtually every mock draft. Most projections had him landing with the Philadelphia 76ers at No. 3—a franchise in need of youth and length on the wing and a market where Bailey’s brand could flourish. But with just days remaining before the draft, the trajectory of Bailey’s professional journey has taken a sudden and polarizing turn.   Bailey, reportedly represented by Omar Cooper—the father of former Auburn star and NBA player Sharife Cooper—has become the centerpiece of what could be one of the most controversial draft strategies in recent memory. According to multiple reports , Cooper has been attempting to guide Bailey away from the top of the draft toward a select group of East Coast teams, particularly those expected to pick in the 6–9 range. This geographic window includes franchises such as the Charlotte Hornets, Washington Wizards, and Brooklyn Nets, which are positioned closer to Bailey’s home base and potentially offer clearer roles for immediate on-court development.   The strategy reached a boiling point last week when Bailey cancelled his pre-draft workout with the 76ers—less than seven days before the draft. In fact, Bailey will enter draft night without having conducted a single individual workout for any NBA team, an extremely rare occurrence for a top prospect. While this has sparked significant criticism and concern from team executives and fans alike, it also signals a potentially disruptive new tactic in player representation.   The Cost of Control There’s no sugarcoating it: financially, this approach could be expensive —at least in the short term. According to the NBA’s rookie scale , there’s approximately a $10 million difference in total contract value between the 3rd and 8th overall picks. While rookie contracts are guaranteed, Bailey’s refusal to cooperate with top-picking teams could cause him to slide several spots down the board, sacrificing significant earnings before he even steps on an NBA court.   Many scouts and league insiders agree: Bailey’s talent easily warrants a top-three selection. His smooth shooting stroke, athleticism, and defensive upside have drawn comparisons to elite two-way wings like Paul George and Jayson Tatum. So why risk the fall? The answer, some believe, lies in long-term value and career optimization.   A Calculated Bet on Fit Over Fortune Despite the backlash, rival agents are reportedly watching Omar Cooper’s maneuvering with more interest than judgment. In recent years, the league has seen how the right team—regardless of draft position—can fast-track a player’s development and earning potential.   Take Tyrese Maxey, for example, who fell to the 21st pick in 2020 and then signed a 5-year, $204M extension after developing into a cornerstone player for the Sixers. Or Jalen Williams, drafted 12th by the Thunder, who’s blossomed into one of the most exciting young forwards in the league thanks to a well-defined role and patient development. Like Maxey, Williams has turned the opportunity afforded by his draft position into a potential $247M contract extension this offseason.   If Bailey can join a stable organization that offers playing time, a clear role, and market appeal, the bet is that he can recoup—and even surpass—the money lost on his rookie contract. An All-Star appearance, a Most Improved Player campaign, or even a playoff breakout could all position him for a significantly larger second deal. For a player with Bailey’s ceiling, the financial difference between an $8 million rookie deal and a $200 million second contract ultimately comes down to timing, not destiny.   Agents understand this math, and they understand optics. Cooper’s move is undeniably high-risk, but it’s not without precedent. Klutch Sports has famously steered clients away from small-market teams, and international stars have long used draft leverage to control their NBA entry. What’s different here is the brazenness—there’s no medical holdout, no Euro-stash fallback, no secret injury. Instead, Bailey and his team are loudly and publicly refusing to engage with certain teams, deliberately focusing on a select few.   A New Era of Player Empowerment? Whether this gamble works may depend entirely on the trajectory of Bailey’s first two years in the league. If he performs well—particularly if he thrives in a system that gives him a green light early and fosters his shot-creation ability—the narrative may quickly shift. Cooper could be seen not as reckless but as revolutionary.   But if Bailey struggles or fails to stand out on a non-contending team, the questions will only grow louder. Did he overplay his hand? Would a season alongside Joel Embiid in Philadelphia have accelerated his growth more than a rebuild in Washington or Charlotte? Did sacrificing $10 million in guaranteed salary and potential endorsement opportunities set back his career rather than position it for success?   The NBA world will be watching closely. Bailey’s draft-night landing spot and his performance over the next two seasons may serve as the ultimate litmus test for whether agents can—and should—exert more influence over draft outcomes.   In an era where player empowerment continues to reshape the league, Cooper and Bailey may be testing the next frontier: strategic draft manipulation not for ego, but for longevity. And while many disagree with the execution, no one is ignoring the audacity.   Oliver Canning is a 3L at the University of Miami School of Law. He can be followed on Twitter (X) @OCanning and found on LinkedIn .