The Milwaukee Bucks, the 2021 NBA Championships, made history yet again on Wednesday, when they announced the hiring of Lisa Byington as the first female full-time play-by-by-play broadcaster for any major men’s professional sports team. The Bucks and Fiserv Forum President Peter Feigin announced in a press release, “Lisa’s extensive television broadcasting background, including her play-by-play work for high-level NCAA basketball on several national networks, makes her the perfect choice to take on this major role. While we appreciate the significance of selecting Lisa, and we celebrate this historic moment, Lisa earned this position based on her extraordinary skills and experience. We look forward to Lisa becoming the voice of the Bucks.”[1] Byington is a trailblazer for women in sports broadcasting and is no stranger to making history in this industry. This past March, Byington became the first female play-by-play broadcaster to work the NCAA men’s basketball tournament. Back in 2017, she became the first female play-by-play voice for a college football game, and later that year, was also part of the MLS all-female broadcast team, a first of its kind in any major men’s professional sport. Byington has quite the resume and has most recently worked the 2021 Olympic Games held in Tokyo as the men’s and women’s soccer play-by-play announcer. She also worked as a play-by-play announcer for the 2019 women’s World Cup. Byington also has experience working as a sideline reporter for the NCCA, the NBA, and the WNBA. [2] Byington, a Michigan native, was two-sport athlete, playing soccer and basketball player at Northwestern University before beginning her career in broadcast for a local television station in Michigan. She quickly rose through the ranks and then accepted a job with Fox Sports, and then the Big Ten Network, where she has served as both a play-by-play announcer and a reporter for both soccer and basketball. Byington certainly recognizes the impact of this history-making contract stating, “Finally, I understand the groundbreaking nature of this hire, and I appreciate the fact that during this process that aspect was addressed, but never made a primary focus. In fact, I applaud the Bucks for taking the first steps toward making hires like this more of the norm in the NBA. Because it’s time.”[3] Congratulations to Lisa Byington for being the first, but certainly not the last! Hannah is a 2L at Elon University School of Law and host of Podcast “Bars to the Bar” from Hoboken, New Jersey. Hannah graduated from Providence College where she was a four-year manager for the Men’s Basketball Team. [1] Id. [2] https://onmilwaukee.com/articles/bucks-lisa-byington-tv-play-by-play [3] Id.

Last week, the NCAA issued a notice of allegations to the University of Tennessee for recruiting violations that occurred within the football program during Jeremy Pruitt’s tenure as head coach. If you’ve followed college football for any part of its history, recruiting violations have always been a part of the sport. From the “Pony Excess” scandal that cratered the SMU football program back in the late 1980s to the penalties that halted USC’s run as one of the top programs in the country around a decade ago, the NCAA has always tried to preserve its model centered around amateurism via fines, scholarship reduction, show-causes, postseason bans, and in one case, the “Death Penalty.” However, as the college sports world has experienced no shortage of change in the past few years, the NCAA has launched a Transformation Committee consisting of an executive group of university presidents and athletic administrators to reimagine the future of college sports. Among the issues they have discussed is altering the infractions process when schools violate NCAA rules. Among the rumored goals of the committee is for investigations to conclude in a more timely manner and to not punish players, coaches, and administrators who had nothing to do with the violations committed by their schools. In the past, it’s been common for a school to receive a postseason ban even when none of the current roster or coaching staff was responsible for any wrongdoing. But with the Transformation Committee's apparent goals, hopefully, we won’t see this moving forward. The first test case might be their handling of Tennessee football. In the notice of allegations, Tennessee coach Jeremy Pruitt was charged with failing to promote an atmosphere of compliance and failing to monitor his staff. In the long, 51-page document that was released, the NCAA alleges Pruitt and his staff provided $60,000 in impermissible benefits and hosted recruits on campus during the imposed dead period amid the pandemic in 2020. While college athletes are now able to profit off their name, image, and likeness currently, what Tennessee was doing under Jeremy Pruitt would still mostly be illegal under today’s rules. Direct payments from a coaching staff are still a no-no even with today’s NIL rights. In reading through the notice of allegations, Pruitt and his coaching staff not only broke the rules but did so in ways that really wouldn’t benefit the program in any way, especially during a pandemic when on-campus recruiting was barred by the NCAA. All in all, there were 18 alleged Level I violations. How the NCAA handles this case will be interesting because according to the NCAA, the athletic department and administration at the University of Tennessee did their best to mitigate their punishment by the NCAA. The notice of allegations stated that “The actions taken by the institution during the investigation should be the standard for any institutional inquiries into potential violations.” In NCAA scandals, the key charge that no school wants to receive is a “lack of institutional control. Despite 18 Level I violations, Tennessee avoided said charge, which bodes well for the Vols avoiding further punishment down the road. While one could argue that Tennessee should be applauded for their swift action and doing the right thing by alerting the NCAA of these violations as soon as they took place, others will argue they were so cooperative in order to fire a struggling Jeremy Pruitt for cause and not have to pay his $12.6 million buyout. Since the end of the Phillip Fulmer era in 2008, Tennessee has struggled to find consistent success on the football field. Many coaches have come through Knoxville in the past 15 years only to disappoint Vol Nation, and Pruitt fell into that category. As the 2020 season neared its conclusion, there was chatter about Jeremy Pruitt’s job being in danger for football reasons. After starting 2-0, Tennessee lost seven of its last eight games to finish 3-7. The only problem was that at the start of the season, Pruitt received a contract extension. After their 34-13 home loss to Texas A&M in the final game of the season, that’s when the Tennessee administration launched an in-house investigation into Jeremy Pruitt’s alleged recruiting violations. The next month, Pruitt was fired presumably for cause along with some of his assistant coaches. According to the recently released notice of allegations, it’s clear that Jeremy Pruitt and his coaching staff were violating NCAA rules. But the $12.6 million dollar question is whether Tennessee would’ve launched an internal investigation into Pruitt if his Vols were winning ten games a year and competing for SEC titles. Cheating has always been a part of college football, and in many cases, schools have swept it under the rug or even embraced it in a covert way. We’ll never know the real answer to that question but avoiding paying a coach a hefty buyout is a tremendous incentive to cooperate with the NCAA. It’s worth noting that in the past few days, Pruitt has come out and expressed his desire to tell “his side of the story'' at some point. I’m sure he feels like Tennessee wronged him and opened the door for the NCAA to find dirt on him. As far as punishment goes, he’ll probably be the one that pays the price for all this. A potential show-cause penalty will all but end his college coaching career, while Tennessee and their current athletes and coaches will likely avoid anything significant imposed on them. Pruitt and his lawyer have threatened legal action against Tennessee in the past, but it's yet to be seen if he’ll follow through. The Tennessee situation has no shortage of fascinating storylines ranging from future handling of NCAA infractions to an ugly school-coach breakup. Hopefully, head coach Josh Heupel, his current roster, and the current coaching staff don’t have to pay for the sins committed by a previous regime. In following the Transformation Committee’s objectives, it’s likely they will avoid any serious punishment like a bowl ban. For Pruitt, who spent 2021 coaching in the NFL, it will be interesting to see what he does and says in response to these allegations. If he sues, will Tennessee offer a settlement, or will this get dragged on in court? It will be interesting to follow what happens next with this situation for sure. Brendan can be found on Twitter @_bbell5

BY: EMILY COSTANZO Last week, the Football Association of Ireland (FAI) reached a monumental agreement to pay their senior men’s and women’s teams equal match fees.[1] Logistically, this means that the men’s team will be required to accept a reduction in their usual match fees, with the FAI matching that amount to “level” the payments for the women.[2] Although it may be reasonable to assume that the men’s side is frustrated with this cut in their pay, it is one the team readily embraced. Katie McCabe, captain of the women’s squad, said of her male counterparts, “Seamus Coleman and his team-mates in the men’s squad also deserve credit for being brave enough to support us in such a progressive way on this issue.”[3] The way in which these two teams banded together with the shared goal of equal pay in mind is something that many professional leagues across the world have considered pursuing, but few have actually pursued. Prior to the deal, the men received €2,500, with the women receiving €500. For reference, that is $2,956.13 and $591.25 USD, respectively.[4] “It really sends out the message that ‘we are one’ and it is a great time because both teams are embarking on a big qualifying phase,” said McCabe.[5] Despite this giant leap forward for Ireland, it is important to note that the FAI will still not be responsible for payments made on the world stage. Prize money awarded to the World Cup champions, for instance, will still be dispersed under the authority of FIFA. Unfortunately, the disparity between prize monies awarded to the men and women at this stage is drastic. The French national team, champions of the 2018 FIFA Men’s World Cup, received $38 million in prize money.[6] Conversely, the United States, as champions of the 2019 FIFA Women’s World Cup, received $4 million.[7] This mind-boggling difference in awards, in part, motivated the U.S. Women’s National Soccer Team (USWNT) to file their first lawsuit in the fight for equal pay amongst the men’s and women’s national teams. In 2019, 28 members of the USWNT officially filed a federal lawsuit, alleging violations of the Equal Pay Act and Title VII of the Civil Rights Act of 1964.[8] The athletes went after U.S. Soccer, as their governing body, for gender-based discrimination. Fast forward to July 2021 and one year after Judge R. Gary Klausner dismissed the lawsuit, the USWNT and their legal team announced that they would file an appeal of the decision.[9] The dismissal, in part, relied upon the court’s finding that the women received more than the men per match, with the former receiving $220,747 and the latter receiving $212,639 per game.[10] These figures were analyzed and provided by U.S. Soccer. On their face, these statistics are confusing—are the women actually being paid more? Is the gender gap the opposite of what most of society assumes it to be? The USWNT and their legal team offer one answer and one answer alone: no. According to them, this conclusion ignores the success of both teams on the pitch.[11] To return to the aforementioned example of the World Cup—and while examining only the five years covered in the lawsuit—the women’s squad has won the tournament twice. The men, on the other hand, have failed to even qualify. According to the appeal, “The court did not account for performance—specifically, that the women had to be the best in the world to make the same amount per game as the much less successful men.”[12] Although this fight is far from over, witnessing progressive steps forward in other countries’ soccer programs offers a glimmer of hope for the USWNT. Ireland’s decision to pay their men’s and women’s senior teams equal match fees demonstrates that the same payment structure is possible elsewhere, and hopefully, it is not long before “elsewhere” is the United States. [1] https://www.irishtimes.com/sport/soccer/international/fai-reach-agreement-on-equal-international-match-fees-for-senior-men-and-women-1.4660146 [2] https://www.bbc.com/sport/football/58385989 [3] https://www.irishtimes.com/sport/soccer/international/fai-reach-agreement-on-equal-international-match-fees-for-senior-men-and-women-1.4660146 [4] Id. [5] Id. [6] https://www.goal.com/en-us/news/world-cup-prize-money-how-much-do-the-mens-team-earn-compared-to-/1wk1f3wl235ug136bxwo721wmk [7] Id. [8] https://www.goal.com/en-us/news/world-cup-prize-money-how-much-do-the-mens-team-earn-compared-to-/1wk1f3wl235ug136bxwo721wmk [9] https://www.espn.com/soccer/united-states-usaw/story/4437227/uswnt-to-fight-us-soccer-in-equal-pay-row-appeal-judges-decision-as-it-defies-reality [10] Id. [11] Id. [12] Id. (emphasis added)

As the owner of an NFL franchise located in beautiful Los Angeles, California whose team just debuted a brand new $5.5 billion dollar stadium that looks like a spaceship from the Jetsons cartoon, it’s hard to imagine Stan Kroenke ever having a bad day. He has a young head coach, a brand new quarterback to lead an already talented offense and a menacing defense. Everything seems positive on the field. However, in a small circuit court room nearly two thousand miles east in the club's former home city of St. Louis, Missouri a legal battle as scary as Aaron Donald bull-rushing up the middle is beginning to gain traction. An overhead shot of the brand new Sofi Stadium in Englewood, California (Patriot Post) On Monday, St. Louis Circuit Court Judge Christopher McGraugh denied all legal arguments made by the LA Rams, NFL and Kroenke to dismiss a civil lawsuit that was filed back in 2017 by St. Louis, St. Louis County and the St. Louis Regional Convention and Sports Complex Authority. According to The St. Louis Business Journal, the plaintiffs are seeking more than $1 billion in punitive damages. The tent pole of the lawsuit is the complainant’s claims that Kroeneke and the league broke their own precedents for franchise relocations and did not negotiate in good faith when considering a move back to Los Angeles. The team had originally called the ‘City of Angels’ home from the years 1946-1995. Following the 94’ season previous owner Georgia Frontiere decided the team needed a change of scenery following several losing campaigns in a row during the early 90’s. The Rams struggled to gain fan attention in Southern California as well as a lucrative television contract, having many of their games “blacked out” because they could not get enough fans to attend games. The team arrived in St. Louis and began to find their new identity. They added dynamic wideout Issac Bruce and drafted eventual All-Pro offensive tackle Orlando Pace. The seasons from 1999-2003 could be considered the “heyday” of the Rams tenure in St. Louis as they appeared in two Super Bowls, 2000 and 2002 winning the former 23-16 against the Tennessee Titans. Those golden years were short lived and the team quickly fell into the basement of the league. Frontiere passed away following the 2007 and her successors put their stakes for sale in 2009. The reign of Stan Kroenke began on August 25, 2010 when the league unanimously approved his purchase of the club. When Kroenke purchased the team it became apparent that some major changes were soon to come. A critical piece of the lawsuit that could aid Kroenke and the NFL’s argument, would be the poor condition and atmosphere that was provided at the Edward Jones Dome, the Rams home turf. Per the contract between the franchise and the Sports Complex it was required that the stadium be in the “top tier of NFL stadiums” through the 2015 season. Multiple polls and reports showed failure of that standard with a last place ranking in a 2008 Sports Illustrated poll of all 32 NFL venues. With no solution reached in solving the ‘top tier’ issue of the team’s stadium, Kroenke called for the club to pack it’s bags and head West. They were in sunny LA for the start of the 2016 season but anger and heartbreak in the Midwest remained. Kroneke had been nicknamed “Silent Stan” by the St. Louis faithful after he refused to speak about the team’s relocation. Chet Pleban, an attorney with extensive knowledge in breach of contract negotiations, was recently quoted in an article by KSDK.com describing the argument for the defendants. “They lied. There's no other way to describe it. You talk about a nice phrase, 'fraudulent misrepresentation', I call it lying. And now they'll testify under oath, are they really gonna say the same thing? Under oath are they really going to deny they did and said these things? I doubt it." If the plaintiffs can prove this statement true, the case would be all but closed and the city of St. Louis and the state of Missouri would begin to count their money in the courtroom. No matter what the outcome, the case is groundbreaking and will be followed closely by every NFL executive. I can even imagine some owners making the trip to the ‘Gateway City’ much like the finale of Seinfeld where all the characters find their way to Latham, Massachusetts. Jerry Jones as Uncle Leo, Art Rooney could be J. Peterman, Kenny Banyan of course is Jets owner Woody Johnson. Seinfeld Finale - Characters Leaving New York Montage

BY: ANDREW COHEN While the sports world has heard about Trevor Bauer's case, many are unaware that his story was not the first domestic violence incident by an MLB All-star this season. That belonged to two-time all-star, Atlanta Braves outfielder, Marcell Ozuna. Ozuna, is in his first season of his fully guaranteed 4 year/$65 million dollar contract he signed with the Braves this past off-season. Amid playing the best baseball of his career, his season has been halted since Sandy Spring Police Officers were alerted to respond to a residence regarding an assault in progress on the night of May 29, 2021. Once they arrived at the residence, the police witnessed Ozuna grabbing the victim by the neck and throwing her against the wall. Ozuna was then charged with both Aggravated Assault by Strangulation and Battery under the Domestic Violence Act. These are felonies that range from 3 to 20 years in prison. Ozuna was released from jail shortly after paying a $20,000.00 bond. What happened next? The Braves have kept him away from all team activities, similar to how the Los Angeles Dodgers handled the Trevor Bauer situation. However, unlike Bauer, the aggravated assault charges against Ozuna were dropped in July. On September 9, 2021, Ozuna agreed to enter a diversion program that could result in his entire domestic violence case being dismissed. Ozuna is required to undergo a six-month family violence intervention program, 200 hours of community service, refrain from illegal drug use, and avoid any contact with his wife. However, if Ozuna completes all of these requirements within his first three months, the original six-month supervision requirement will be terminated immediately. While he may have legally been off the hook, the MLB placed Ozuna on administrative leave as they continue to investigate the situation and continue to extend his leave, as they did most recently on September 18th. There seems to be no indication of when we will see Ozuna back on the diamond. Can the Braves find a way to void their contract with Ozuna? If the felony charges had not been dropped, the Braves would have a strong case to escape the remainder of their contract with Ozuna (around $61,000,000.00) and place Ozuna on the restricted list. If Ozuna went to jail, the Braves may have had a strong case for a breach of contract claim. However, even if the Braves attempt to act, they will likely wait until the MLB conducts their investigation on the manner. The Braves are hoping that the MLB places a lengthy suspension on Ozuna as they would have a better case for saving a few bucks. Being that the remaining charges are most likely to be dropped, it seems extremely unlikely that the Braves would be able to recoup any amount of money contracted to Ozuna. Takeaway? While we can all agree that Ozuna’s actions are unacceptable in any situation, many have different opinions regarding the correct way for the MLB and the Atlanta Braves to handle this situation. In my opinion, the MLB should handle these situations better than they currently are. Although, we can all agree that it is the best move to hold Ozuna out of all team activities, the matter seems to be settled. This case is similar to Bauer’s case because the MLB is not taking any disciplinary action besides extending the administrative leave of the player, which does not solve anything. Both players are not currently charged, as Bauer has not been convicted of any charges and Ozuna had his charges dropped. As a result, the MLB should either let both players play if they are cleared under the law or enforce a strict/bright-line rule around domestic abuse like many other leagues have enacted. Instead, it seems that they are not taking any action while keeping the players away from the sport until the story cools down. As a result of not having a firm disciplinary rule around domestic related instances, it is tough to know how much longer this story will go on for. The ball is in the MLB’s court on whether Ozuna will be subject to discipline... and if he is, how harsh will it be?

The allure of the World Cup is that once every four years, people from all walks of life get together to cheer on their national team in the World Cup. FIFA is now looking into a change to the format of every four years to every two years starting in 2028. It would change the schedule of intercontinental tournaments like the Euro or Copa America to occur every two years as well. The study is being led by legendary Arsenal manager Arsène Wenger, who is now FIFA’s Chief of Global Football Development. The study is being held after the Saudi Arabia Federation sent a request in May. Along with Wenger’s approval, 166 out of the 210 national associations in FIFA have given their backing for the study. Wenger believes that this would give clubs more control over their players as this proposed change would give only two international breaks each year. This would limit the amount of time that players would be on national team duty along with limiting the travel that they do. Currently, there are multiple international breaks throughout the year in which clubs release their players to their respective national teams. Wenger’s proposal would mean that national teams have even less time to build out a squad and to call up different players. Of course, club coaches will be happy since they will have their team around for most of the year and will have less to worry about players picking up an injury while on international duty. Wenger sees the current global landscape as being too cluttered and believes fans want more meaningful matches. Although club managers will have their players around for longer, this will mean that players will have to play even more matches. With a World Cup or intercontinental tournament being played every summer, this would mean that players would be playing in more matches. Along with the tournaments, you would need to fit in games to qualify for these tournaments too. These extra games will inevitably lead to more injuries across the sport as we’ve seen during and after the pandemic as leagues and nations have scrambled to fit in too many games in small windows to make up for the lost time. We’ve already seen the field expand from 32 to 48 for the 2026 World Cup in North America. Changing the World Cup to every two years may not be a positive innovation. The World Cup is heralded as the biggest trophy one can win in the sport. Part of that is since it is every four years, not many have had the chance to win a World Cup. Some of the game’s greatest players ever like Messi, Ronaldo and Cruyff have never lifted up a World Cup. For FIFA, making it every two years would certainly bring in more revenue as you see the world’s biggest stars battle it out for the biggest trophy more often. For smaller countries, it may give them a better chance to host a World Cup since you will need more host countries and it would bring more revenue to those countries. While Wenger is a fan of this change, UEFA President Aleksander Çeferin opposes the plan. Çeferin believes that making the World Cup every two years would undermine the intercontinental championships like Gold Cup and Euros. He believes it would dilute the World Cup along with giving players even less time to recover in the off-season. Although Wenger proposes a 25-day break after the international tournaments, this is still not enough time for players to recover. Of course, as time goes on the game needs innovation. For many, international football is a time where they were wishing that club football is back. Fans find that there are too many “boring” games as they would prefer not to watch England face a small country like Andorra. Since the introduction of Nation League, it’s certainly been a positive substitution for the countless friendlies that national teams would play. A Nations League trophy cannot be compared to a trophy like Copa America and definitely not the World Cup, but it’s still a trophy to play for. A change to every two years would change the World Cup forever, maybe for the better, maybe for the worse. Greg Termolle is a 2L at Elisabeth Haub School of Law at Pace University. You can follow him on Twitter at @GregTerm.

BY: JOHN AZZATO Name, image, and likeness. Three words that, in just a few months, have changed the landscape of sports forever. NIL laws will have an obvious effect on NCAA student-athletes, but the effect that these laws will have on college recruitment and even high school sports must not be forgotten. College Recruitment It is clear that NIL laws will change the way college recruitment is handled. Colleges residing in states with permissive NIL laws will likely see improvements in recruitment. By contrast, those residing in states with strict NIL laws may be at a disadvantage. State governments around the country see NIL legislation in their respective states as a pressing issue, as a blow to recruiting could have consequences that would be difficult to rectify. It is also important to note that for the first time, money is finally on the table for student-athletes. Recruits with big followings will surely look to take advantage of the popularity that surrounds them, and if they go to school in a NIL-friendly state, they will be able to profit in ways never thought possible. Tennessee State incoming freshman Hercy Miller, son of rapper Master P, signed a $2 million deal with Web Apps America. The four-year contract was signed just a day after NIL laws went into effect. Tennessee developed a state law, with many provisions matching those in neighboring states, allowing compensation for athletes like Hercy Miller. Deals like this will continue to rise as NIL legislation continues to evolve throughout the country. High School Sports Even high school sports have been affected by the recent NIL rules. Mikey Williams, an explosive shooting guard ranked in the top 10 of the Class of 2023, has signed with Excel Sports Management for the pursuit of NIL opportunities. As a junior in high school, and a prolific star with over three million Instagram followers, Williams can expect to cash out when he starts playing college ball. The very idea that popular players can cash out when it comes time for college could be the reason that high school sports will forever change. At the least, we can expect a slight uptick in student athletes reclassifying to become part of an earlier college class. If a student-athlete can fast track their education to a point where they can make NIL money, why wouldn’t they? Quinn Ewers is a prime example. Ewers was a top-rated quarterback prospect of the Class of 2022, playing for Southlake Carroll High School in Texas. However, Ewers elected to reclassify to the 2021 class and enroll at Ohio State. At the time of his reclassification, NIL legislation in Texas did not allow any high school players to profit from their name, image, and likeness. However, by reclassifying to the incoming class of 2021 and enrolling at Ohio State, Ewers is set to make big money. It was reported that he reached a three-year, $1.4 million autograph deal with GT Sports Marketing. In addition, he was given a fully loaded F-250 truck from Ricart Automotive as part of an NIL deal. He even signed a deal with Holy Kombucha. That’s quite a change of events for someone who was expecting to play high school football for free. Bottom Line Hercy Miller, Mikey Williams, and Quinn Ewers are just some examples of a trend that we can expect to see across all sports. Through NIL legislation, these student-athletes can finally capitalize financially on their own skill and popularity, as they continue to grow en route to what they hope will be successful professional careers. Each student-athlete will have a different path when pursuing NIL compensation, but one thing is certain. Whether it be high school or college, NIL laws are bound to have a ripple effect that we all should be ready for.

As seen a few weeks ago, the Petitioner’s (victim’s) motion for a five-year restraining order was denied by the Judge. That means that in the Judge’s opinion, Trevor Bauer is highly unlikely to abuse and/or contact the victim in the future. What does it mean for the pending criminal investigation? For one thing, the pending criminal investigation doesn’t simply disappear. The Pasadena Police Department has chosen to present their findings to the Los Angeles County District Attorney’s Office and allow the DA’s Office to make the final decision. With Mr. Bauer being a high-profile public figure, the Police and District Attorney’s Office are going to take as much time as possible. The thinking being, that either way the ramifications will be huge. With one decision, you just charged the reigning Cy Young winner with a serious felony, or you declined to prosecute the case despite the horrific photographs that exist everywhere. What actual conversations go on behind the scenes when making a charging decision on a serious case and what viewpoint angles do the people who make the decisions take? The Political Angle The first thing one needs to understand that the District Attorney is unlikely going to able to defer the decision to charge to his subordinate. The DA needs to be behind this decision 110%. That is because the current District Attorney, George Gascon is currently amid a recall situation. That means if opponents of the District Attorney collect signatures from 10% of LA County voters (approximately 579,000 signatures) then a recall election would be held, and he could be voted out of office in under one year. If the decision was made not to charge Trevor Bauer, an argument would be made the DA’s office made that decision based on his socioeconomic status and possibly his race. That would anger a significant number of voters many of whom are unlikely to be as wealthy as Mr. Bauer is and would feel that the decision would have been different if Trevor Bauer was not Trevor Bauer. The DA has an obligation to set politics aside and decide to charge based on the evidence presented. The Evidentiary Angle The only way to make any charging decision is the based on the evidence presented. Does the prosecutor have a good-faith basis that they believe that they can prove this case beyond a reasonable doubt? If the answer is no, then the case should decline the case. A case should never be filed simply because the prosecutor believes that this prospective defendant might have committed the alleged crime or worse this Defendant is incarcerated, and it makes for a quick and quiet conviction. When making the charging decision, the prosecutor will have likely spoken with the alleged victim on several occasions. If he/she is seasoned, they will likely speak with the alleged victim at multiple points of the day. Are they a morning person? How do they dress when they come to speak to the prosecutor? How does the victim react when they are asked potentially unfair questions? Will this victim present well to a jury, or will she turn them off? Rarely is a jury going to believe a victim and sympathize with that victim if the jury doesn’t like them. It is a harsh truth. The prosecution will also need a good answer to as to why the victim went back to Trevor Bauer’s house a second time. That is because the defense will certainly try to introduce text messages where it appeared as though the victim was looking for a payoff. There is nothing a trial jury hates more than being used. If it appears that she is only cooperating now because Bauer wouldn’t pay, a jury is not going to sympathize with the victim. The prosecution’s theory of the case is that she wanted it rough, but she never consented to being choked unconscious. As stated in my previous article, the alleged crime occurs once the victim is unconscious. That is because if the victim is unconscious during sex for even a few moments, that victim has lost to her ability to withdraw consent. The prosecution wants a jury who will sympathize with the victim and apply that law as it is written. That is because juries almost always do what they think is right and that is often in conflict with the law actually is. Would I charge Trevor Bauer with sexual assault? The honest answer is I don’t know. That is because, I do not have all the facts and evidence. I only have second-hand information reported by news outlets. However, once a decision is made you might just have a better understanding as to why it was made. Matthew F. Tympanick is an Attorney in Sarasota, Florida. He is a graduate of the University of Massachusetts School of Law where he served as a Public Interest Fellow and as a Staff Editor on the 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.

For the sixth year in a row, the Dallas Cowboys have topped Forbes’ Most Valuable Sports Teams list for 2021. At $6.92 billion, the Cowboys exceeded their 2020 net worth by almost half a billion dollars. Many compare the franchise to Fortune 500 companies due to owner Jerry Jones’s business prowess, including creating partnerships outside those of the NFL, as well as opting out of NFL merchandise deals in order to maximize profit. Jerry Jones’s story with the Dallas Cowboys began in 1989 when he bought the team for $150 million. Since then, Jones has only seen a return on his investment. According to his Pro Football Hall of Fame biography, Jones “became the first owner in NFL history to lead his team to three Super Bowl titles in his first seven years of ownership.” It’s no surprise that Jones has no plans on selling the team any time soon. During an interview with 105.3 The Fan, Jones spoke of how much the Cowboys mean to him: “I’ve sold a lot of things in my time but everybody has heard me say that this is not — these are my heart, this is my legs. This is what we’re about.” Jones’s continued investments in the Cowboys only continues to pay off — especially off the field. The Star, located in Frisco, Texas, is a 91-acre campus containing the Cowboys’ Headquarters and practice facility (opened in 2016). The Star District surrounding HQ is filled with retail, restaurants, and hotels, drawing crowds from all over the Dallas-Fort Worth metroplex. Another factor contributing to the Cowboys’ wealth are their broadcast rights. Sundays are constantly filled with a Cowboys game, with TV networks paying over $250 million to be able to broadcast games. AT&T Stadium, located in Arlington, Texas, replaced the Cowboys Stadium in 2009. The stadium boasts an 80,000 seat capacity, bringing in $100 million for the Cowboys. No matter what the previous season’s win record may have been, an empty stadium is never in sight for the Cowboys. The loyalty of Dallas Cowboys fans is definitely a factor in the wealth Jerry Jones has accumulated for the Cowboys. On the field, the Cowboys have seen less success. With no playoff appearances in the last two seasons and no championship win since 1995, the Cowboys have been pushing to match their on-field success to that off-field. With players like Dak Prescott, Ezekiel Elliot, Amari Cooper, and CeeDee Lamb, things are looking up for Dallas, even with their pricey paychecks: Dak Prescott signed a four-year deal worth $160 million while Ezekiel Elliot’s six-year deal is worth $90 million, and these are only two of their key offensive players. After Dak Prescott’s season-ending injury last year, the Cowboys were desperate for his return. Cowboys fans everywhere celebrated a moral victory after they ended their first regular season game against the Tampa Bay Buccaneers with only a field goal leading to a loss in the last seven seconds. No matter their success on the field, the Dallas Cowboys will undoubtedly be financial superstars off the field for years to come. With the ability to increase their worth by almost half a billion dollars in the midst of a pandemic, the future can only brighten for the Cowboys’ pockets. As the season continues, we’ll see how their on-field success measures up.

A major argument against allowing student-athletes to profit off their name, image, and likeness (“NIL”) that was made pre-Alston and is still (somehow) being made post-Alston goes a little something like this: allowing student-athletes to profit off their NIL is unfair and will not actually result in many student-athletes profiting because all of the available deals will go to student-athletes in high revenue generating sports (i.e., football and men’s basketball). Well, once again, that argument has been proven to be a losing one. SmartyStreets announced on September 21st that it would extend an offer to enter into NIL agreements with each and every one of the female athletes at Brigham Young University (“BYU”). Each and every one. The female student-athletes at BYU will have the opportunity to be compensated up to $6,000 by using their NIL and social media accounts to promote SmartyStreets to their fans and followers. Additionally, BYU’s female student-athletes will be compensated for appearing at SmartyStreet company events and activities. Since international student-athletes are currently unable to take advantage of NIL opportunities, the company decided to instead donate to BYU’s international student scholarship fund. (It is unclear in these cases if the international female student-athletes will be responsible for social media posts and appearances or whether they would even be allowed to under current NCAA rules regarding NIL and international student-athletes). Clearly, SmartyStreet sees the value in marketing through student-athletes in non-high revenue generating sports. With over 300 female student-athletes at BYU, this NIL deal could ultimately be valued at over $2 million total.[1] Another aspect of the broader NIL deal with BYU’s female student-athletes is that SmartyStreet committed to donating facility and equipment upgrades to BYU female student-athletes.[2] If I had to guess, more companies will start to structure NIL deals in the same manner where they partner with, for example, every female student-athlete at a university or maybe just a specific sports team at a university and also make donations to improve the quality of the facilities that those student-athletes use. On one hand, the investment in facilities is an investment in the student-athletes themselves – SmartStreets’ Founder and CEO Jonathan Oliver stated that part of their purpose was to “provide an additional spotlight on these athletes to create opportunities for them to build their personal and professional brands.”[3] On the other hand, the investment in facilities is an investment in any NIL sponsor’s own business – better facilities equals better performance which equals more visibility for the student-athlete(s) which thereby increases the value of the marketing and exposure an NIL sponsor receives through its NIL arrangement with a student-athlete. Motivations aside, these types of NIL deals where a company invests in the university and student-athletes themselves is a win-win. An aspect of this NIL deal that is a bit unclear, however, is how the NIL deal with BYU’s female student-athletes is being, as an attorney may colloquially say, papered. In SmartyStreet’s press release, the company stated that it was “entering into [NIL] agreements with all female student-athletes at BYU” and also referred to “NIL agreements with student-athletes.” But then the press release goes on to say that this opportunity had only been presented to BYU’s female student-athletes, which seems to imply that maybe there are still contracts to be signed. [4] Did SmartyStreets enter into a contract with BYU directly that will govern the obligations and compensation to BYU’s female student-athletes who agree to partake into compensable activities? If that is the case, the female student-athletes will have certain protections as third-party beneficiaries of the contract but would have less bargaining power to negotiate and restructure the initial contract offered by SmartyStreets based on their own individual concerns. Or did SmartyStreets make available to all of BYU’s female student-athletes an individual contract that the specific student-athlete could enter into with SmartyStreets directly? If that is the case, the female student-athletes have more protections as direct parties to such agreements, but the university may feel less protected or as if they have less control in managing the relationship between its female student-athletes and SmartyStreets. Or, behind door number three, there may have been two types of contracts sent out: one between SmartyStreets and BYU and another that SmartyStreets would enter into with BYU’s female student-athletes on a student-athlete by student-athlete basis. None of these scenarios even take into account how SmartyStreets and BYU will handle the contracting, if any, for SmartyStreets’ donation of facility and equipment upgrades to BYU’s female student-athletes. Contracting for NIL deals is only going to get more complex, placing more emphasis on the in-house counsel and compliance departments for universities to be involved early on and throughout NIL contract negotiations for its student-athletes, especially when a possible NIL sponsor wants to contract with large groups of student-athletes. This deal also leads us to what might be the next big NIL related question that universities will need to tackle – could some of these deals that are only made available to women, or only made available to men, impact Title IX based on the level of university involvement? [1] SmartyStreets inks deal with all BYU female student-athletes - https://www.smartystreets.com/blog. [2] SmartyStreets inks deal with all BYU female student-athletes - https://www.smartystreets.com/blog. [3] SmartyStreets inks deal with all BYU female student-athletes - https://www.smartystreets.com/blog. [4] SmartyStreets inks deal with all BYU female student-athletes - https://www.smartystreets.com/blog.

BY: TOMMY SLETTEN Tick, tick, tick. Six-point-five seconds on the clock and “Golden” Gable Steveson pulled within one point of Georgia’s Geno Petrashvili in the Olympic Freestyle Heavyweight Gold Medal Match. The whistle blows. Both wrestlers come to their feet and reset. Steveson has one last chance to salvage a win. “Fake snap. Fake snap. Fake snap. Fake snap. Fake snap,” five times announcer John Smith calls as Steveson’s heavy hands rip the reigning Gold Medal winner’s arms off his body. “Fake snap, go get it, go get it, go get it,” Smith calls, even more excitedly as Steveson works his way around Petriashvili’s body, wraps his arms around, and pulls Petriashvili to his knees. Steveson looks up at the scorer’s table, motioning for a two-point takedown, to give him the win and the Gold Medal in his first ever Olympic appearance. The referee calls it. Steveson wins 9-8 at the buzzer, and runs to celebrate with his Olympic and collegiate coach, Brandon Eggum. Steveson, weighing in at 265 pounds, celebrated with his trademark backflip after confirming his spot as the Freestyle Olympic Gold Medalist. The win was nothing short of remarkable - Steveson entered the tournament unseeded in his first ever Olympics, knowing he would likely have to face two former Olympic Gold Medalists if he had any hope of claiming the Gold. But Steveson didn’t set out just to be another wrestler. He set out to be the best. And on his way, even if he wasn’t trying to: he was going to break the wheel for collegiate wrestling’s future. It’s no secret that Steveson has high ambitions: He wasted no time in flirting with the NFL. His hometown Minnesota Vikings even promptly replying, referencing the short-lived NFL career of former Gopher wrestler, UFC Heavyweight, and WWE Superstar Brock Lesnar. Because who wouldn’t want a larger than life Olympic Gold Medalist on the biggest stage in wrestling? Then came Steveson’s public courting of Dana White’s WWE, further connecting Steveson and furthering his path from finishing his collegiate eligibility. Because who wouldn’t want to see a powerful athlete facing up with the best of the best in the Octagon in brutal one-on-one combat? To add fuel to the fire, Steveson THEN visited University of Minnesota's football practice, where he was welcomed with open arms by head coach PJ Fleck. Steveson even told the Pioneer Press that Fleck had wanted Steveson to try out for the Golden Gophers and play defensive line. Because, who wouldn’t want to see the 265-pound blackflipping phenom compete at three-technique in one of college football’s most competitive conferences? And then, Steveson tweeted again, showing his interest with Vince McMahon’s WWE. Because who wouldn’t want to see Steveson wow the world with his performances in the ring as a showman? Steveson continued to tease fans about his future and what it held for him with appearances at WWE’s Summer Slam, meetings with Dana White, and at Gopher Football games. Lastly the question remained: What was Steveson to do? And the fact remained: Steveson had an additional year of college eligibility, the year after winning the NCAA Heavyweight championship. And Steveson couldn’t very well stay a college wrestler at Minnesota while pursuing other opportunities, could he? Typically, a collegiate athlete loses his or her eligibility when they are no longer an amateur athlete under the NCAA’s Bylaws under Article 12. Steveson dipping his toes into the NFL or MMA would violate that: Steveson holding a contract to be a professional athlete in their league would make him no longer an amateur athlete. But, Name, Image, and Likeness rules have changed the game. Football players have led the way with getting deals (Alabama quarterback Bryce Young even earning over one million dollars in collective NIL deals). On September 9, 2021, Steveson signed an exclusive Name, Image and Likeness marketing deal with WWE, reportedly worth more than any deal Young has. Under the terms of this deal, Steveson has unique flexibility to grow as an athlete and as a brand. WWE can pay for training and other services for Steveson while he retains his status as an amateur under NCAA rules. You can expect to see Steveson on the big stage with WWE as soon as possible, as long as it does not conflict with his NCAA career. Because of the WWE’s unique status as entertainers and “Stars”, Steveson will not be a professional athlete under the NCAA’s definition, like he would have had he pursued MMA or NFL opportunities. Steveson didn’t just break the wheel for himself: He did so for the future of collegiate superstars with big brands. Brock Lesnar successfully built a brand big enough to conquer collegiate wrestling, the NFL, the WWE, and the MMA. If Lesnar walked so Steveson could run, Steveson is backflipping so the future of wrestling can run. And Steveson isn’t just backflipping on to the scene for a hot second: He, and his brand, are here to stay. Tommy Sletten is third-year law student at Seattle University School of Law and President of the Entertainment and Sports Law Association. He can be found on Twitter @quarantommy

BY: EDVIN OLOF-ORS Reports are coming in that DAZN is interested in buying BT sports that would change the landscape of broadcasting, at least in the UK where Sky Sports and BT have been the two main actors on the scene. As a matter of fact, because of a cross-licensing agreement between Sky and BT has, Sky needs to approve this sale if it would ever become a reality.(1) DAZN started in 2016(2) and has quickly expanded its sports rights portfolio. It's been reported that DAZN in Italy paid €1 billion per year for the rights to Serie A, the top-division flight of Italian soccer in a deal that stretches for 3 years. (3). In July this year, DAZN announced that it will be the global broadcaster of the UEFA women's Champions League for the next 4 years (4). Last year, Sky Sports and DAZN secured the domestic rights to broadcast Bundesliga, the top division in Germany, in a deal worth €4.4 billion per season. In 2019, DAZN Canada acquired the rights for the English Premier League, the top flight division in England, in a 3-year deal. DAZN already owned the right to the UEFA Champions League and the UEFA Europa League in Canada at that point as well(6). Not only has DAZN acquired some serious sought sports rights, they have also expanded to countries such as; Austria, Germany, Switzerland, Japan, Italy, Brazil, Spain, Canada and the USA(7). It has been reported that DAZN is thinking about going global soon with plans to be available in over 200 countries worldwide(8). It is quite remarkable how fast DAZN has been able to grow from a small streaming operation to being a very serious and large actor in the sphere of sport broadcasting rights. It is not hard to recognize the similarities between DAZN and Netflix(9) considering how it has changed the media landscape. A consumer is no longer forced to pay for a TV package just to watch a few games per month when they now can easily pay a small monthly fee to DAZN instead. DAZN is owned by Leonard Blavatnik, the richest person in the UK with a £23 billion fortune who made his money in the oil and metal in Russia. Besides DAZN, the Ukrainian born billionaire also owns Warner Music(10). DAZN currently has around 15 million subscribers worldwide (reportedly, since it is a private company, they are not forced to disclose the exact amount) and it is believed that this number will keep growing in the coming years. While all of this seems impressive, DAZN was forced to borrow $1 billion from Blavatnik because of the Pandemic and it had $1.8 billion in losses in 2019(11). This could just be a strategy from DAZN to get as many attractive sports rights as possible to attract consumers that will later turn the red number black. The media landscape for sport is not always easy. For example, MediaPro, who owned the domestic rights for Ligue 1 and 2 together with BeIN Sports could not make the payments (they only lasted 4 months until they could not make the payments) needed for the rights because of the pandemic. It was a deal that was worth a staggering €814 million per year(12). A new deal was formed and it is reported that the French League will receive almost 50% than what was expected with the new deal in place(13). It is impossible to say what will happen in the future when it comes to sports broadcasting rights but it is fair to say that DAZN has been able to change the sports media landscape in the same way Netflix was able to change the landscape for movies and TV shows. Other companies caught on the Netflix wave and now it seems like every media conglomerate has its own streaming service, Disney+, HBO, Hulu, and Peacock just to name a few. It would not be surprising if we will soon another actor come to the scene to compete against DAZN in the world of sports streaming. If the deal between BT Sports and DAZN goes through, it will be the end of a decade long battle between BT and Sky in England and it may lead to more streaming consumers in the UK which might accelerate the competition when it comes to sports streaming Sources: (1)https://www.ft.com/content/8c0ffe51-3fee-4cd6-88ab-54401e62dada (2)https://media.dazn.com/en/welcome-to-the-dazn-media-centre-2/who-is-dazn/ (3)https://variety.com/2021/global/news/streaming-dazn-sports-europe-1234968092/ (4)https://www.dazn.com/en-US/news/soccer/dazn-confirm-four-year-deal-for-worldwide-uefa-womens-champions-league-rights/1tcboazoennya17beeh9oxfs5u (5)https://www.sportspromedia.com/news/bundesliga-sky-dazn-tv-rights-germany-value/ (6)https://www.theglobeandmail.com/sports/soccer/article-streaming-service-dazn-makes-english-premier-league-broadcast-deal/ (7)https://www.dazn.com/en-US/help/articles/where-is-dazn-available (8)https://www.sporttechie.com/dazn-streaming-platform-expansion-200-countries-territories/ (9)https://www.bloomberg.com/news/articles/2016-12-22/blavatnik-s-netflix-of-sports-targets-murdoch-s-sky-in-europe (10)https://www.bbc.com/news/business-57199171 (11)https://www.bbc.com/news/business-58219424 (12)https://www.sportspromedia.com/news/ligue-1-tv-rights-telefoot-lfp-mediapro-2020-canal/ (13)https://www.sportspromedia.com/news/ligue-1-tv-rights-canal-plus-mediapro-lfp/ https://www.theguardian.com/football/2020/dec/15/ligue-1-clubs-stare-financial-abyss-tv-deal-collapses-mediapro