Sports activities are considered to be one of the major driving forces for economic development and are considered to be an essential sector in various economies. The sports sector is famous for the mega sporting events that require proper dedicated sports infrastructure, along with training facilities and sports complexes. These sports events and infrastructure are for the amusements of fans who have been flocking to these sports stadiums to enjoy their favourite sports and get a glimpse of their role models since time immemorial. However, the outbreak of SARS-CoV-2(covid pandemic/ pandemic) and the subsequent lockdown brought this physical fan engagement at sports infrastructure to a grinding halt. Pandemic and Sports Infrastructure The interruption in the practice of spectatorship at stadiums, due to the pandemic, became a part of daily life in March 2020 and has raised various invasive protocols concerning organizing the sports events. Although various sports leagues at both international and domestic level have resumed, there has been a considerable modification in the way sports infrastructure were utilized and involved. The participation of fans, as well as other stakeholders, has changed since the spread of the pandemic leaving sports arenas empty across the world. Amid all this, the biggest burden has been over the state and local government as well as self-funded private bodies, which have been making efforts to fund their share of sports-related infrastructure expenditures, at a time where there has been zero income. The absence of income due to the pandemic jeopardizes the ability of the government body as well as the private bodies involved, to effectively manage their share of sports facility construction and maintenance charges. Sports Infrastructure as Economic Hubs Sports being a highly commercial activity in nature attract various associated forms of businesses including hotels, bars, entertainment parks, restaurants, and other recreational centres which experience a high rate of footfall on game days/nights. However, the loss of footfall on game days/nights at these sports complexes means that these associated businesses face decreases sales activity thereby affecting a peripheral source of income. Not only does this affect the financial status of these sports infrastructures but the economic repercussions result in job losses as well as local sales tax revenues, thereby adding to the financial distress of the concerned bodies. Implications of the Pandemic on Sports Finance The Covid-19 Pandemic has brought around multiple financial challenges for the government and sports regulatory bodies that are searching for efficient and effective ways to effectively manage the debt or recover the investment associated with the sports infrastructure projects. As the situation deteriorates, these sports infrastructures continue to challenge the financial position and stability of revenue for these infrastructures. The concerned bodies have either already started or will soon start navigating revenue sources to solve the financing issues to ensure proper operations and maintenance of the stadiums. One of the common sources of funding for sports facilities come from game-day collections, which has been absent due to fan-less environments at stadium created by the pandemic. In addition, the lack of fans can create a ‘spill over effect’ throughout the region as local businesses, such as restaurants, and hotels, struggle without the presence of game-day-related foot traffic, leading to a decline in sales revenues. It has been noticed that in the pandemic, the professional sports franchises have been relatively less affected than these sports facilities. Although in-stadium attendance has been absent, the franchises have not been affected as they have got their share from the broadcast deals, individual team sponsorships deal, online sale of merchandises, brand endorsements as well as league title sponsorship deals. Recommendations In the short run, a remedy would be to lend the mega sports infrastructures to the health department to be used as make-shift hospitals or large-scale vaccination centres. Large hospital chains can take the stadium space for rent. This would not only speed up and improve the vaccination as well as a treatment facility, while generating income for the government or the sports regulatory body but will also help in improving the Covid-19 situations thereby assisting in the fast resolution of this pandemic, and thus bringing back fans in these infrastructures. The majority of the existing sports infrastructures can be categorized to be dead assets (at least temporarily) and the best way to earn out of any dead asset is to sell it or monetize it. Fortunately, the Indian government has understood this and in a chance to increase revenue from dilapidated sporting venues, the government in its 2021-22 Union Budget announced that it will monetize its stadiums. Stadiums would be leased to the private sector by way of an operational and maintenance contract. Although the same question of the absence of fans and sports events arises, it needs to be understood that once these stadiums are monetized and handed over to companies (in this case mostly event or premises management companies), these companies can organize corporate events or generate revenue using their business model. Moreover, stadiums can help in ensuring social distancing in events where the physical presence of a large number is required. This should not be a one-time system of monetizing but should be taken seriously by the government and encourage more big corporate bodies to participate in monetizing these mega sports infrastructures so that even in the off-season, the stadiums do not fail to generate income and thereafter build a contingent fund. India can also adopt practices followed in western countries especially the USA, where the lottery system, public funding through issuing of bonds, tourist taxes as well as revenue bonds have proven to be a great revenue source, provided the policy and public welfare allow these to prevail. Sports have been a core element of our social life but unfortunately, sports facilities are not found to be one of the priorities while thinking of public infrastructure, even though the costs and impacts those sports have on the community are substantial from a social and economic perspective. Adding to this the repercussions of the pandemic will result in long-lasting impacts. Covid-19 pandemic has caused a disruption which has never earlier been experienced by our generation and might continue to repercussion on the social and economic scenario.It is high time that a policy change is brought in place to deal with these issues and not wait till situations go out of hand.

As reported by TMZ today, Trevor Bauer is suggesting that his alleged accuser edited her injury photographs and also claimed that she had hoped for a major cash settlement from the star. As stated by Bauer’s attorneys “Bauer’s accuser has taken a proceeding designed to prevent future acts of “domestic violence” and turned it into a tool for attracting media attention and attempting to end Bauer’s baseball career.” That is a pretty valid opinion but only partially factually accurate. As stated in my previous post, under California’s Domestic Violence Prevention Act, a Court may issue a restraining order to prevent domestic violence or abuse if the party seeking the order “shows, to the satisfaction of the Court, reasonable proof of a past act or acts of abuse.” “Abuse includes intentionally or recklessly causing or attempting to cause bodily injury to, attacking, striking, stalking, threatening, harassing, making annoying telephone calls to, or disturbing the peace of the other party.” Thus, the hearing set to begin on August 16, 2021, using the plain language of the statute, is to establish whether past abuse has occurred with the intent to prevent future abuse. This all begs the question, why are Bauer’s attorneys bringing the heat today? From a logical tactical standpoint, today is Thursday. It is well-known in media circles that Thursday is the night of the week where people actually watch TV. By filing these documents now and TMZ acquiring them, they have a real opportunity to be picked up by, at a minimum, by local news but also the national news media for tonight’s evening and late night news. Additionally, with the permanent restraining order hearing set to commence on Monday, this story will likely also be reported in the Sunday newspapers as well as any online newsletters with a sports focus. Additionally, why else could Bauer pushing back this hard publicly? The reason could be that it might give the individuals running the independent criminal investigation pause. By essentially stating that the victim is exaggerating evidence and looking for a windfall, Bauer is could be trying to destroy her credibility for the Los Angeles County District Attorney’s Office. When preparing to file charges and go to trial on a domestic violence case, the victim’s credibility will always be at issue. A victim who (whether deservedly or not) has the ability to be pinned as greedy and/or vindictive by a jury is a very unsympathetic victim. The result of that is the jury may seriously questions anything the victim has to say (however how plausible and likely it may be). If the trial is only the victim’s word vs the Defendant’s, then that is a very steep hill to climb to get a conviction with the victim having real credibility issues. I once had a domestic battery trial where my victim admitted on the stand of conducting a serious of crimes with the Defendant (A mistrial was not granted because it was the Defendant’s attorney who actually asked the question and asked the question in such a way that they opened the door for that exact type of response). The Defendant’s attorney hurt the credibility of the Defendant but hurt my victim’s credibility more and he was later acquitted. It is entirely possible that is what Bauer’s attorneys are doing here. That is because even if Mr. Bauer succeeds in removing the temporary restraining order, the MLB isn’t going to just going to remove him from paid administrative leave. The MLB is still likely to wait until the Pasadena Police Department finishes its investigation and decides whether to arrest Mr. Bauer or hand the case over the Los Angeles County District Attorney’s Office for their review. The MLB needs to cover of a department with more information than they do deciding whether Mr. Bauer faces criminal charges. From there, the MLB is able to decide what the next step is. Matthew F. Tympanick is an Associate Attorney at Wicker Smith in Sarasota, Florida. He is a graduate of University of Massachusetts School of Law where he served as a Public Interest Fellow and as a Staff Editor on UMass Law Review. He was previously a felony prosecutor in Sarasota, Florida. In over three years as a prosecutor, he prosecuted thousands of domestic violence cases. You can follow him on Twitter @Tympanick20.

At this point, it almost seems like a joke - Assistant Coach Becky Hammon still has not been offered an elusive Head Coach position in the NBA. For several years, Hammon has been recognized as the assistant coach standing next to San Antonio Spurs’ Head Coach, Gregg Popovich. She even stepped in as the first acting female head coach for a game when Pop was ejected in a game in late 2020. Hammon spent 15 years playing professional basketball in the WNBA, with the New York Liberty and the San Antonio Silver Stars. She certainly has the coaching skills, basketball legacy, popularity, and admiration to stack her resume. Pop and the Spurs players respect her immensely. After her temporary role as Head Coach, DeMar DeRozan said “any player who knows the history of women’s basketball knows what she meant to the sport. She’s one of us. When she speaks, we are all ears.” The players may listen when she speaks but the NBA’s top executives and hiring directors certainly are not. Hammon has interviewed for several head coach positions but still has not received the offer that would change NBA history. In a recent interview, Hammon said she does not want to be hired “just to check a box” because she is a woman, rather she’d prefer to be hired because of her skill set and accomplishments. That’s understandable. But here’s the thing -- she probably hasn’t been hired yet because of her gender. Hammon certainly has those accomplishments, between her own playing time and her coaching position with a relatively successful professional team. It’s not just Becky Hammon either; it’s Dawn Staley from the University of South Carolina, it’s from Kara Lawson from the Celtics. College coaches are often tapped for head coaching jobs in the NFL and no one blinks an eye, despite not being able to replicate the same success (i.e., Nick Saban, Greg Schiano, potentially Urban Meyer, etc.). Then there’s those who are hired as head coaches who might have just gotten the role because of their name (ahem, Jason Kidd). I was a Jason Kidd fan when I was a kid (and when the Nets played in New Jersey) but he retired in June 2013 and less than two weeks later he was named as head coach of the Brooklyn Nets - with no time spent grinding away as an assistant coach. People often make comments like “well why does a woman need to coach a men’s team?” - but no one questions when men have found success as WNBA head coaches - 50 percent of all current WNBA coaches are men. Double standard much? The NBA shouldn’t hire Hammon or Staley or Lawson or any other woman to avoid a potential discriminatory label or lawsuit. That would be incredibly disrespectful, on top of the lack of consideration the league has already shown. Instead, they - and other women leaders in the NBA - should be promoted and hired because they deserve to be. People often say they can’t wait for the day that stories like this aren’t in the news anymore, where women are breaking barriers for simply excelling at their careers and it’s noteworthy. Until that actually happens, the sports world needs to get their act together so that coaches like Becky Hammon get their chance to leave their mark on the NBA. Sources: https://nba.nbcsports.com/2020/12/31/nba-players-react-to-becky-hammon-getting-head-coaching-chance/ https://www.espn.com/nba/story/_/id/32004024/san-antonio-spurs-assistant-becky-hammon-want-nba-head-coaching-job-check-box Photo Credit: https://news.abs-cbn.com/sports/06/13/21/nba-becky-hammon-dawn-staley-among-portlands-coaching-candidates-report Amanda Malool is a third-year law student at Rutgers Law School in Newark, New Jersey. She is the Vice President of Rutgers’ Entertainment, Arts & Sports Law Society. Additionally, she is a Summer Associate at Fernandez Garcia Law. She can be found on Twitter @AmandaMalool.

The Cleveland Indians, via Tom Hanks narration, recently announced their name change to the Cleveland Guardians. However, reaction to the name was rather mixed and the team shortly found itself in another naming controversy. This article will provide a general overview of the situation and the relevant trademark law involved. The Many Names of Cleveland Baseball Between 1869 and 1889, the team in Cleveland was known as the Blue Stockings and the Forest Citys. Before 1915, other names were used, such as the Spiders, Naps, Bronchos, Buckeyes, and Babes. In 1915, they became the Indians which has lasted more than a century [1]. Now, mired in the controversy of employing a name depicting Native Americans, the team finally decided to change the name. The name Guardians comes from a set of 4 sandstone pillars, each containing 2 carved out “Guardians” on the Hope Memorial Bridge, just outside of Progressive Field in Cleveland. The Guardians represent “the spirit of transportation,” [2] a fitting ode to Cleveland’s Rust Belt persona. Fitting, but perhaps not original. A Cleveland Controversy It quickly became apparent that the Cleveland Guardians already exist, as a Cleveland Men’s roller derby team operating since at least 2013. This is the kind of issue that trademark law seeks to prevent, or at the very least provide a conclusory legal remedy. A brief trademark law review is thus warranted. Trademark Basics Trademarks are source identifiers, consisting of a word, phrase, name, symbol, design, or any such combination. Trademark ownership grants certain protections. Those protections emanate from 3 major sources: state common law, state statutory law, and federal statutory law. Use of an unregistered mark in commerce provides some limited protections. Such protectionary parameters flow from the judicial decisions of the relevant state. Generally, the protections are geographically limited and confined only to where the mark is being used in commerce. State statutory laws are legislatively adopted laws that provide additional and formal protections for trademarks. Generally, these additional protections extend throughout that state. The cleanup hitter of trademark law is the Lanham Trademark Act [3], which is the basis for federal trademark protection. Successful trademark registration with the United States Patent and Trademark Office (USPTO) affords national protection of the mark in connection with commerce for the specific classes of goods and/or services identified. First to Use Doctrine & Filings Brand protection generally requires federal registration, but the U.S. is still a “first to use” jurisdiction. Meaning, first use of the mark determines superior rights. The rub, unregistered marks or state registered marks are confined geographically, even if used before a similar mark which ultimately registers with the USPTO. The first user generally can continue use of the mark, though use is limited to its existing geographic usage while the federally registered mark has superior rights everywhere else. Review of Ohio and USPTO records reveals that the roller derby Cleveland Guardians have been using the name since 2013 and own a trade name registration in Ohio on that name. The Present Dilemma It is possible for similar unregistered, state registered, and federally registered marks on similar goods and/or services to co-exist, subject to geographical limitations. Both teams have now filed USPTO trademark applications, the baseball team filing first. However, if the Cleveland baseball team is successful in its USPTO application, it is likely that the roller derby team would still have first use rights to the name in Cleveland or perhaps all of Ohio. Therein lies the dilemma. If the baseball team’s registration is successful, yet they cannot use the name in Ohio, what is the point? Clearance Searches & Strategy Before a business decides on a name or applies for a trademark, clearance searches serve to mitigate potential issues. It is likely the baseball team conducted a search and discovered the roller derby team’s use. The baseball team’s strategy in moving forward likely comes down to two points: (a) the roller derby team may not have been using their mark in connection with commerce and/or (b) the team is relying on asymmetric legal warfare. A realties of the legal system is that such controversies are time, energy, and resource intensive. The baseball team may be relying on the belief that the roller derby just does not have the resources to fight. In fact, as Stephanie Weissenburger points out, this near exact situation has occurred on two recent occasions, to roller derby teams no less [4]. The Road Ahead The USPTO will now conduct a review of the applications. If the baseball team’s mark moves to the “publish for opposition” phase, it appears likely that the roller derby team will challenge the application. There does exist contractual arrangements where the parties can outline co-use of the mark and these agreements can be submitted to the USPTO to prevent a likelihood of confusion or rejection of the applications. However, the USPTO is not bound to these agreements, and none appear to be in place yet. Given the Covid-19 pandemic, USPTO processing times have slowed to almost 2 years. Meaning, it may be some time before we have a resolution on this matter. For now, Cleveland baseball fans can welcome the Cleveland Guardians, trademark pending, for the 2022 season. For a deeper dive into this subject, please navigate to: https://www.mareaslegalcounsel.com/insights/cleveland-controversy Matthew D. Batista, Esq. is the managing attorney of Mareas Legal Counsel, APC in San Diego, CA. He has extensive experience working at the intersection of sports/entertainment and intellectual property law. The firm can be found at mareaslegalcounsel.com and @mareaslegalcounselapc on Instagram. References: [1] https://www.si.com/mlb/2021/07/23/cleveland-guardians-name-change-decision-explained [2] Id. [3] 15 U.S.C. §§1051 et seq. [4] https://www.conductdetrimental.com/post/exclusive-roller-derby-exec-explains-baseball-guardians-critical-oversight

Financial Fair Play (FFP) was agreed in principle by the governing body of Europe, UEFA, in 2009 to prevent clubs from spending more than they earn to try to avoid long-term financial problems. The FFP rules stated that clubs must break even over a three-year period. These regulations provided sanctions for clubs who overspent with fines and potential disqualification from European competitions. For bigger clubs with wealthy owners, it was a check on their spending so they couldn’t spend a lot of money without consideration of revenue. At the same time, this benefitted the bigger clubs because as they made more revenue, they could spend more than the smaller clubs who made less in revenue. Due to the pandemic, UEFA allowed for owners to inject more money into their clubs if they can prove the losses were caused by the pandemic. This is where UEFA has come in and is now looking to revamp FFP. UEFA will set out proposals to implement a salary cap and luxury tax to replace the current FFP system by next year akin to the NFL and NBA. Under this new system, clubs in European competition would be limited to spending a fixed percentage of their revenue on salaries. Any clubs found breaching the cap would have to pay a luxury tax, in which the overspend would be put in a pot to be redistributed. People within the sport believe that this system would be more transparent than the original FFP rules put in place, but only time will tell whether or not that is the case. When FFP was first announced, many thought this would be a positive for the sport. 12 years later, many now claim that FFP is ineffective and even non-existent. Big clubs still continued to spend big money as we saw moves like Gareth Bale to Madrid for 101 million euros (119 million USD) in 2013 or the biggest transfer ever when Neymar moved to Paris Saint-Germain in 2017 for 222 million euros (261 million USD). To say that FFP didn’t do too much to limit the spending of clubs is an understatement. As we saw more money get poured into the sport and richer owners like Nasser Al-Khelaifi of PSG start to take over clubs, FFP didn’t do much to limit their spending. Manchester City were even caught by UEFA for inflating their sponsorship deals to try to skirt the FFP rules to be able to spend more money. They were originally handed a two-year ban from European competitions along with a 30 million euro fine, but this was later overturned by the Court of Arbitration for Sport (CAS). This made FFP seem like it was non-existent to fans and other clubs. After this summer’s transfer window for PSG where they brought in the likes of Lionel Messi and Sergio Ramos, fans and media questioned how they were able to make all of their signings under FFP. Lille centerback Jose Fonte chimed in about PSG’s spending, "I just want to understand the Financial Fair Play in France. Every single club is restricting their spending. They can’t buy a lot, they can’t get players on big wages but then PSG comes and it looks like there’s no law." Fonte is speaking for many fans and other clubs who are seeing clubs like PSG and Manchester City seemingly spend all of the money they want without seemingly having to worry about FFP. Hopefully this is a step in the right direction to try to bring more balance to the sport when it comes to spending and to give smaller clubs a better opportunity to compete within their domestic leagues and European competitions.

Something is lurking off the coast of Seattle and yes you will need a bigger boat. The Seattle Kraken are officially the 32nd team of the NHL. The Kraken will be members of the Pacific Division in the Western Conference. However, this is not the first time that Seattle has had a professional hockey team playing for the Stanley Cup. The Seattle Metropolitans played in the Pacific Coast Hockey Association from 1915 to 1924. The Metropolitans made seven postseason appearances in their nine seasons, playing for the Stanley Cup. The Metropolitans won the Stanley Cup in 1917. Ultimately the team folded in 1924 when a replacement arena could not be found. In the past five years the NHL has welcomed two teams through expansion, the Vegas Golden Knights were added in 2017. The NHL is one of the few leagues that have recently expanded. The MLB added their last team in 1995, the NFL added theirs in 2002 and the NBA added theirs in 2004. The NHL expansion process can be hard to understand because of all the moving parts. Don’t worry because this article will break down the process from start to finish. For a team to be added to the NHL, the partner(s) of the proposed team have to go in front of the NHL Board of Governors and ask for approval. The Board of Governors consists of one appointee and two alternatives from each team, the appointees are usually the owner of the club. In December 2018, the Board of Governors approved a proposal by the Seattle Hockey Partners to grant an expansion franchise to the city of Seattle. The Seattle Hockey Partners consists of David Bonderman, Jerry Bruckheimer and Tod Leiweke. Minority owners include Chris Ackerley, Ted Ackerley, Jay Deutsch, Mitch Garber, Adrian Hanauer, Andy Jassy, Len Potter, David Wright, and Jeff Wright. After the team was approved the process of picking a name and establishing the franchise begins. On July 23, 2020, the franchise announced their name, the Seattle Kraken. The franchise also debuted their team colors, branding, and home jersey. The last step to officially becoming a team is paying the final installment of the expansion fee. On April 30, 2021, the Kraken paid the final installment of the $650 million expansion fee, officially making them the 32nd team of the NHL. With the Kraken becoming an official team, it was time to create a roster of players. The Kraken expansion draft was held on July 21 and followed the same rules as the Vegas Golden Knights expansion draft in 2017. The Kraken were allowed to select one player from each team excluding the Golden Knights. They could select a total of 30 players: 14 forwards, 9 defensemen and 3 goalies. Additionally, the Kraken has to choose a minimum of 20 players under contract for the 2021-22 regular season. The Kraken also cannot buy out players chosen in the expansion draft earlier than the summer following its first season. NHL teams had two options of protecting players from the draft. The first option was protecting seven forwards, three defensemen and one goalie. Or teams could protect eight skaters (forwards/defensemen) and one goalie. Now all the Kraken must do is get ready for their inaugural season. The Kraken will play their first game on October 12, 2021, against the Vegas Golden Knights and their first home game on October 23, 2021, against the Vancouver Canucks. Will the Kraken be like the Golden Knights and make it to the Stanley Cup Final in their first season? Only time will tell, good luck to the Kraken and welcome to the NHL. Jessica Shaw is the Secretary of the New York Law School Sports Law Society. She can be reached on Twitter @JessicaShaw22.

Two-time NBA Champion J.R. Smith is finally headed to college – but as a golfer for the North Carolina A&T Aggies (Often referred to as A&T or NCAT). As reported by a Greensboro, NC CBS-affiliate, ESPN, and CBS Sports, the NBA vet and twitter meme sensation has confirmed he is enrolled at A&T for the fall semester and intends join the golf team. North Carolina Agricultural and Technical State University is a Division-I, historically black university (HBCU) located in Greensboro, NC, and competes in the Mid-Eastern Athletic Conference, although their programs are in the process of completing a move to the Big South Conference. NCAT athletics sport notable athletic alumni such as Chicago Bears running back, Tarik Cohen and NCAA-champion and Olympic medalist Randolph Ross, Jr. Smith was drafted to the NBA straight out of high school in 2004, and is a 16-year NBA vet, with a short stint overseas playing basketball professionally in China. Smith first golfed competitively at a Moses Malone’s charity event in 2009 and reportedly plays at a handicap of 5, according to PGATour.com. A&T’s head men’s and women’s golf coach, Richard Watkins, says Smith stands to be a competitive contributor to the men’s team, pending the NCAA sorting out his eligibility. With college athletics in a state of flux from changes to Name, Image, and Likeness deals, could Smith, like other college golfers, earn endorsements or sponsorships related to NIL? Golfing associations and governing bodies are still grappling with the chaos and fallout from the recent NIL bonanza, but in the midst of this game of hot potato, it appears as though collegiate golfers will get the all-clear, as many NCAA athletes have already. Unlike other sports such as basketball or football, the nature of college golfers’ competitions have caused collegiate golfers to question if NIL rules will allow them to compete in non-NCAA competitions while enrolled and competing on a college team. While it appears as though college golfers will be able to compete in non-NCAA competitions and sign endorsement deals, they will still be prohibited from providing one-on-one, in-person, live instruction in return for compensation. With golfers standing to earn from NIL compensation, Smith seems like the prime candidate pending the certification of his amateur status as a golfer. NCAA’s amateurism standards hinge on key factors such as, if a player has been represented by a professional sports agent, if they have received money in return for participation with a sports club, or if they have received money to offset athletic training expenses. Obviously Smith has done all the above- however, NCAA rules allow for athletes to retain amateur status while being a “professional” in another sport. Additionally, NCAA rules do not explicitly ban former pro athletes from returning to college as amateurs in a sport they have not competed in professionally – that would imply that the former Cavs and Lakers star is in the clear. In the past, the NCAA has allowed athletes to turn pro in one sport, while remaining amateurs in others – recently of note, Kyler Murray, who was drafted and signed by the Oakland A’s while remaining a starting quarterback for the Oklahoma Sooners. The best example of precedent for Smith may be Chris Weinke’s 6-year stint as a pro baseball player in the Toronto Blue Jays minor league system before enrolling in college and subsequently winning a national championship and Heisman trophy as a quarterback for the Florida State Seminoles. Weinke was 25 when he enrolled at Florida State and won the Heisman as a 28 year-old. JR Smith’s enrollment into the largest public HBCU in the nation serves as a potential boon for historically black colleges, as well as the collegiate golfing world, though he certainly would not be the first collegiate golfer to ink a noteworthy deal. Golfers in several states have already signed NIL agreements including Bryant University-commit Cael Kohan, who has signed a deal with Barstool Sports, and All-ACC, Freshman All-American, golfer from Florida State, Brett Roberts, who has signed an ambassador deal with his hometown prep school, Xceed Preparatory Academy. With college NIL compensation in a state of flux, it remains to be seen what types of deals JR Smith could bring in. That said, with JR's platform, popularity and unique story, it is hard to imagine that NIL endorsement offers are not far on the horizon. O. Patrick Sutton is an NFL Agent. You can contact him on Twitter (@SuttonImpaQt), Instagram (@Agent00Sutton) or via email [email protected]

As reported by the Washington Post today, it appears that Trevor Bauer faced a similar complaint from an Ohio woman in 2020. This alleged victim stated that Mr. Bauer allegedly punched the victim and choked her during sex to the point that she became unconscious. It is also reported that she, like his alleged California victim, also sought a permanent restraining order against Mr. Bauer. It appears that the alleged Ohio victim did not take the matter to hearing. What is that? Often times in domestic violence cases, alleged victims are exceptionally cooperative at the onset of the case. That is in part because emotions are rampant and everybody is in the victim’s ear telling them what to do and how to proceed. However, over time, those emotions subside and all the voices tend to disappear. The victim also ponders whether or not he/she would be willing to miss work (and potential pay) to testify in Court to get their alleged abuser held accountable. That same victim(s) also ponders whether or not this is what is best for their mental health and well-being. Some believe that the best thing to do is just put the incident behind them. Finally, some give it a second thought and decide that they want their private life to remain private. That being said, that alleged 2020 incident might some have major ramifications for Mr. Bauer’s 2021 criminal investigation. As stated in a previous post, Mr. Bauer allegedly punched the victim and then proceeded to choke her during sexual intercourse in the 2021 case to the point that she was rendered unconscious. Those specific acts (punching the victim and choking to the point it renders the victims unconscious) are strikingly similar to the alleged facts from the complaint from the Ohio woman in 2020. Mr. Bauer, by his own admission, admitted that he had a casual on and off again relationship with this Ohio woman while he was a member of the Cleveland Indians from 2016-2019. Mr. Bauer allegedly stated to the Ohio woman that he couldn’t see her again because, “He didn’t feel like spending time in jail for killing someone. That is what would happen if he saw her again.” But how could those allegedly striking similarity facts from the alleged 2020 Ohio incident hurt Mr. Bauer in his alleged 2021 California incident? That is through the theory of habit evidence. Under California Evidence Code 1105, “Any otherwise admissible evidence of habit or custom is admissible to prove conduct on a specified occasion in conformity with the habit or custom.” Thus, the alleged 2020 incident (where Mr. Bauer punched the victim during sex as well as choked her to the point where she was rendered unconscious during sex) is potentially admissible in Mr. Bauer’s 2021 incident if he is formally charged and his case goes to trial. That is because these facts theoretically show that Mr. Bauer tends to punch sexual partners and choke them unconscious during sex and continue having sex with them while they are unable to continue to consent. Let me tell you, to a jury, that is compelling evidence. That is because, if admitted, a prosecutor could tell a jury during closing, “He has done the exact same thing to two different women. He punches them during sex and he also chokes them unconscious and continues to have sex with them. They have no ability to say no to whatever he is doing. The alleged 2021 California victim could not say whether or not she wanted anal sex with Mr. Bauer. Mr. Bauer took that decision away from her.” A jury will likely then go back into the jury room and all tell each other, “He did this before and he will do it again. We need to put a stop to this now.” We are obviously a long from trial and/or a conviction for Trevor Bauer but the question remains: Are these two alleged victims isolated incidents or are they the tip of the iceberg? Matthew F. Tympanick is an Associate Attorney at Wicker Smith in Sarasota, Florida. He is a graduate of University of Massachusetts School of Law where he served as a Public Interest Fellow and as a Staff Editor on UMass Law Review. He was previously a felony prosecutor in Sarasota, Florida. In over three years as a prosecutor, he prosecuted thousands of domestic violence cases. You can follow him on Twitter @Tympanick20.

Doping refers to use of prohibited substance or methods by sports-persons for improving their sports performance, which are prohibited by the concerned regulatory body. However, with passing time, Doping has evolved to involve a wide range of dubious and unethical means by which an athlete enjoys an advantage in his performance. For instance, ‘mechanical doping’ refers to the alleged application of illegal technologies for enhanced performance or for gaining n edge over the competitors by means like concealed motors in the frames and wheels of bicycles. Another case is of Oscar Pistorius, who was accused of ‘technological doping’ when his blades were thought to give him an unfair advantage over competitors that did not use them. Financial Doping is one such form of doping and has been the latest addition to this dimension of sports. Financial Doping is a situation where a sports franchise, borrows heavily in order to contract to pay high performing players, which not only hampers their credit value but also jeopardizes their long term financial plans. Thomas Muller was the first who first attempted an academic definition of the concept. Financial Doping was defined as: “… financial means not earned by a club directly or indirectly through its sporting operations or supporter reputation, but rather provided by an external investor, benefactor or creditor detached from sporting merit and supporter reputation as well as from sustainable investment motivations.” Financial doping from a Legal perspective Financial Doping gives a message of performance enhancement through financial enhancements on the same side as an illegitimate enhancement of performance through prohibited substance and practices. In case of a traditional doping, a substance is banned for particular reasons, and then the same factors should also be applicable to financial doping in sports. The World Anti-Doping Agency (WADA) prohibited list states a substance and/or method is prohibited if at least two of the following apply: i. It enhances sport performance, ii. It poses a potential health risk to the athlete, iii. It violates the spirit of sport. Financial Doping qualifies for at least 2 of the above factors which is enhancement of sports performance and violation of spirit of sport, and therefore ought to be considered illegitimate and should be banned or regulated. One of sports great appeals is unpredictability, the anxiety and excitement of what could be. Sports where you can predict the winner every time tend to be un-engaging. The fact that sports performance has shifted away from the pitch to the pockets of the wealthiest owner or creditor ready to shower millions to gain advantage, is a grave issue to the spirit of sports. The aesthetic and competitive aspects of sports get lost due the commodification of sports by involvements of unregulated financial activities. This form of wealth based distribution and allocation of athletic talent would result in uneven acquiring of talents by one team and thus result in distributive injustice and oligopoly. This disrupts the competitive balance and uncertainty involved in sports as it dents the fundamental aspects and values of sports which is that sporting competition ought to be challenging, competitive and the outcome unpredictable. UEFA Financial Fair Play Regulations- A check on Financial Doping The Financial Fair Play (FFP) regulations was introduced by Union of European Football Associations(UEFA) in 2010-11 to prevent Football Clubs that qualify for its competitions from spending beyond their means and to stamp out the “financial doping” within football. Prior to this clubs took ventured out on acquiring high performing players by incurring inflated transfer fees and salaries, which they could not afford, but with the hope that, on the field, success would follow and the revenues would increase, so that the costs could then be covered. However as of 2021, Football’s financial fair play rules are to undergo dramatic change, with the key break-even measure declared “purposeless” by Andrea Traverso, UEFA’s director of research and financial stability. With Covid-19 creating a crisis “very different from anything we have had to tackle before”, according to officials, they believe new rules should concentrate on clubs’ wage levels and the scale of fees in the transfer market. Instances of Financial Doping in Sports The first highlight in Financial Doping which caught eyes would be the case of Roman Abramovich, the owner of Chelsea FC. Abramovich was the ultimate Premier League Santa-Clause. His money ensured Chelsea were able to assemble a world class squad to compete with the very best in Europe. However, this comes with the darkside as well. As of Feb, 2021 Chelsea owes a debt to tune of £1.3billion, (which has been converted to debt held in a holding company, Fordstam Limited) to its owner, which raises questions about its financial stability and sustainability especially at a time where the pandemic has hit the revenues of most of the sporting clubs globally. Financial Doping again captured the headlines a few days back when La Liga chief Javier Tebas has claimed Manchester City could not sign Lionel Messi on his previous Barcelona terms without the aid of “financial doping” Messi is now a free agent after his contract at Barcelona expired on June 30 . That has led to speculation clubs such as Premier League champions City, who were heavily linked with Messi last summer, or Paris Saint-Germain could step in. It would be interesting to see how this turns out to be. Conclusion Financial doping presents a grave danger to the world of sports as it challenges the core principles that sports is build on: performance and uncertainty. Moreover, it hamper the sports economy as it sees funds being spent that has not been generated by clubs but is given to them as credit. It hampers the spirit of sport as it ends being a mere commercial activity. Just like traditional doping measures, the appropriate authorities must step in and establish regulations (and strengthen the existing one) to limit to curb this form of doping. The influence of money can not be eradicated in sport, nor can it be denied that there are other factors that might undermine the spirit of sport in similar ways. Some team must win for some reason, and it is inevitable that some teams will be more dominant than others. Sports would be better if it was more competitive, unpredictable and where there is increased mobility in terms of who wins. You could say that wealth and success in sport is self-affirming; having one boosts the other and visa-versa. However, the trend of financial doping must be controlled or else the sports world could be at risk of becoming too predictable and more boring.

More than five years after the scandal first came to light, the NCAA concluded their investigation into the Baylor football program. Based on violations related to impermissible benefits and improper recruiting practices involving a female hostess group, the NCAA’s infractions committee placed Baylor on probation for the next four seasons and imposed minor recruiting restrictions against the program. For allegations that some felt deserved the “Death Penalty” back in 2016, the punishment handed down acts as a slap on the wrist. Before getting into the mishandling by the NCAA, I want to point out that I think it’s great that the current coaches and players on Baylor’s roster won’t have to suffer for wrongdoings they had no part of. Head Coach, Dave Aranda, is entering his second season in Waco and is the third head football coach the school has employed since 2016. In addition, many of the players were in middle school when the events took place. Therefore, it’s completely understandable and good that the 2021 Baylor Bears will get to compete for championships this Fall. However, the fact that many who were directly involved in the allegations are getting off scotch free from the NCAA highlights major issues that need to be addressed moving forward. Before diving in, I want to share my utmost sympathy for the victims involved in this case. There have been reports of the physical and mental pain this scandal has caused on these women’s lives, and we should not lose sight of that while talking about sports law. However, because of this, the people most at fault should’ve been held accountable for their actions. An outside investigation back in 2016 showed that the program responded to the allegations with indifference or hostility towards the alleged victims. Furthermore, the victims were reportedly found to have been intimidated or discouraged from reporting attacks to protect the integrity of the football team, which at the time was in the midst of one of it’s most successful stretches in program history. Art Briles (Head Coach), Ian McCaw (Athletic Director), and Ken Starr (University President) all lost their jobs when the scandal broke back in 2016. However, with the NCAA’s investigation concluding this week, it is evident that they will not enforce any punishment on them individually at all. The Infractions Committee Panel released that “Baylor admitted to moral and ethical failing in its handling of sexual and interpersonal violence on campus but argued those failing, however egregious, did not constitute violations of NCAA rules.” With this statement, the NCAA essentially is admitting their current rules are not strong enough to maintain firm control over college athletics. While there have recently been countless examples of the NCAA laying down the law on student athletes who accepted money for memorabilia (Pre-NIL) and programs who allegedly committed recruiting violations, this obvious predatory culture at Baylor under Art Briles and Ian McCaw drew no individual punishment, postseason ban, or scholarship losses. Following the ruling, Art Briles’ attorney released a statement claiming that his client was “completely exonerated” and that “the NCAA’s decision clears Mr. Briles to return to coaching college football.” Whether or not a university will decide to hire Briles in the future is one thing, but he shouldn’t be able to get the chance. He coached high school football in Texas over the last few years, and there was even speculation that Texas Tech was interesting in hiring him this past December. The former Athletic Director, Ian McCaw, has since been hired by Liberty University in the same role. The reality that these two men avoided punishment from the NCAA and continue to have the opportunity to work in college athletics doesn’t feel right at all. Whether or not the NCAA had a specific rule pertaining to the case or not, if they can’t come down hard on the Baylor Sexual Assault case, then what are they really here for? The NCAA states their purpose is “to govern competition in a fair, safe, equitable and sportsmanlike manner, and to integrate intercollegiate athletics into higher education so that the educational experience of the student-athlete is paramount.” However, their ruling on Wednesday contradicts everything about that mission statement. Several women were used and neglected by the Baylor football program and have suffered tremendous pain because of it. Yet the people involved didn’t face any form of discipline from the NCAA. Quite frankly, it puts women at risk moving forward. Coaches and athletic departments are so focused on wins and losses these days to where stuff that happened at Baylor could be overlooked. I hope this sparks conversation for change when it comes to the oversight of college athletics. People have slammed the NCAA for their lack of foresight lately, but this ruling might be the worst of them all.

Sometimes, there is a story that comes from a story. Last week, it was announced that former NBA player J.R. Smith, who enrolled at North Carolina A&T, intends to join the men’s golf team if he gets cleared by the NCAA. Smith’s clock to compete in college never started because he went straight to the NBA after high school. Most athletes get five years to complete four years of eligibility. According to NCAA rules, “an individual shall not be eligible for intercollegiate athletics in a sport if the individual ever competed on a professional team in that sport.” (Sorry Ohio State fans who were hoping to see a retired Lebron James suiting up in an Ohio State men’s basketball uniform.) However, NCAA rules do not ban a former pro athlete from taking part in a different sport. There has been a history of athletes in other sports playing professionally before returning to college to play a different sport. Most notably is Florida State Heisman Trophy-winning quarterback Chris Weinke. Weinke spent six years in the Toronto Blue Jays minor league system before enrolling at Florida State University and leading them to the 1999 national championship in football. However, this could open avenues for retired NBA players who skipped college before turning pro and play in collegiate sports. There have been plenty of NBA stars who skipped college when they turned pro. For example, Lakers stars Lebron James and Dwight Howard, and last year’s Rookie of the Year LaMelo Ball all skipped college to go play professional basketball. Could you imagine Lebron James after he retires deciding that he wants to pursue a swimming or golf career at a university? The internet would explode! While one professional cannot go to college and play in that same sport, J.R. Smith’s situation opens up Pandora’s box.

A new ally has emerged in the USWNT’s fight for equal pay from a potentially surprising source: the men’s team. The women’s national team had filed a claim against the United States Soccer Federation (USSF) in 2019 arguing the players had been victims of discrimination and were paid significantly less than the men’s national team, despite being more successful than the men’s team. The women asked for damages in excess of $66 million, which included backpay for previous performances. In May of 2020, a judge in California dismissed the claim stating that the women players were actually paid more than the men and they had accepted the same pay-to-play structure as the men’s team. As a result, the players appealed, arguing that they receive less money than the men’s team for each game played, which is the definition of sexism and discrimination. The men’s team filed an amicus brief in favor of the women’s team as part of the female player’s appealing of their claim against the USSF for equal pay. In the brief, the men’s team argued that the women’s team had been underpaid and discriminated against. They further stated that the Federation did not even offer the women the same pay as the men’s team when the new collective bargaining agreement (CBA) was being negotiated. Additionally, the brief argued that the judge had ignored the fact that the women’s pay depended on performance, while the men’s pay depended solely on games played. While the judge stated that the women had actually made more than the men, the brief clarifies that the women had maximized their performance bonuses, while the men’s team had underperformed. Perhaps the most scathing statement was the brief stating that “U.S. Soccer has persistently treated the women as second class throughout the 35-year history of the Women’s National Team.”[1] This appeal is not going to be resolved any time soon, with oral arguments not set to be scheduled for another 9-12 months after briefs are submitted this September. In the meantime, the women’s team will continue to complete in the Tokyo Olympics, while the men’s team failed to qualify for the third straight Olympics. The Men’s World Cup is set to take place in 2022 where FIFA has set the total for prize money at $440 million. However, the men’s team failed to qualify in 2018 and the team’s best finish occurred in 1930, where the team placed second. Meanwhile, the Women’s World Cup is set to take place in 2023 where FIFA has set the total prize money at $60 million, which is double of the last Women’s World Cup. The women’s team is the most successful women’s team in history, winning four times. With the USWNT’s performance since the 2015 World Cup win, which pushed the women’s team onto the national stage, female soccer players have been household names and idols to young athletes everywhere, male and female. Youth soccer numbers have soared as a result of the team’s success and has generated a newfound interest in soccer in a football-dominated country. While the fight for equal pay will not be done for the women’s team any time soon, the added support of the men’s team demonstrates strong support for women’s athletics and shows that sports in general are better when everyone is rewarded for their success. [1] https://www.washingtonpost.com/sports/2021/07/30/usmnt-supports-uswnt-equal-pay/ Photo Credit: https://www.goal.com/en-us/news/how-many-trophies-have-the-uswnt-won-record-most-appearances-top-/m8guw99wrtt11xpot4kxonw00