Sports law is an ever-evolving and expanding subset of the law, and as the recent NCAA v. Alston ruling, NIL, and Super League controversy have shown, there are far more legal roles in sports than the typical pro agent. From arbitration and player unions to compliance and contracts, a law degree can open the door to a wide range of opportunities at both the collegiate and professional level of athletics. Many law schools around the country recognize the potential of sports law and offer some opportunities in the field, while some boast full-fledged sports law programs and concentrations. However, unlike business law and health law, U.S. News & World doesn’t offer lists detailing sports law programs; this makes the law school search difficult for a prospective 1L with aspirations for a career in sports. Enter the Sports Law Program Spotlight! In this series, we highlight a law school that offers strong opportunities in the field of sports law. These opportunities include, but are not limited to: a sports-centric curriculum; sports law certifications; unique legal internship opportunities within the sports market; and sports law journals. The focus of this month’s Sports Law Program Spotlight is… Villanova University Charles Widger School of Law (VLS) Known nationally for their reputation on the hardcourt, Villanova’s Jeffrey Moorad Center for the Study of Sports Law has brought the University a championship pedigree in the courtroom. Created in 2012 with a $5 million leadership gift from Jeffrey S. Moorad (VLS ’81), the Center is one of only a few dedicated to the study of sports law, presenting a wealth of academic and practical opportunities to its students. Whether you’re interested in collegiate or pro athletics, you’d be hard-pressed to find a better city to study in than Philadelphia: Temple University, Drexel University, and University of Pennsylvania are only a short drive away, and the Phillies, Eagles, Flyers, Union and 76ers represent each of the big five professional sports leagues. VLS has an exclusive externship program with the Villanova Athletics Compliance Department. However, VLS students don’t confine themselves to Philly’s city limits. Nearby New York, Boston, Baltimore, and D.C. feature massive sports markets which prospective sports lawyers may explore. Many Villanova Law grads certainly have: Sean Sansivieri ‘08 is VP of Business and Legal Affairs for NFL Players, Inc., and Eric Galko ‘17 is director of the East-West Shrine Bowl while also running Optimum Scouting and Optimum Sports. Additionally, through their work with Villanova Athletics, VLS students are regularly selected to the NCAA Postgraduate Internship Program in Indianapolis, IN. VLS hosts the Jeffrey S. Moorad Sports Law Journal Symposium, which is covered annually by national media outlets like ESPN and the New York Times. Some notable panelists from past years include Jeffrey Kessler (attorney for the USWNT and Alston), Darren Rovell (Action Network), and Erika Nardini (Barstool Sports). On top of the Symposium, VLS hosts myriad competitions for students to flex their legal muscles. Villanova Law and the UCLA Anderson School of Management co-host the annual Moorad Gameday Case Competition. “It is the only sports case competition of its kind in the nation,” says Villanova SLS President Austin Meo, “bringing together JD and MBA students to both present and negotiate solutions to cutting edge topics in sports law and business.” For any gamers out there, VLS has something that should definitely pique your interest: beginning in 2021, the school will host the Villanova Law Esports Negotiation Competition– the first competition of its kind! VLS doesn’t just host competitions; much like their basketball team, they win competitions, too! Villanova dominates Tulane’s Pro Football Negotiation Competition, winning it four of seven years and finishing 3rd in 2021. Austin Meo '22 and Ryan Murphy '22 became the first 1L-only team to ever win the event back in 2020; talk about young talent! Villanova has also finished as semi-finalists (out of 40 teams) in each of the past two Tulane International Baseball Arbitration Competitions. At the 2021 Tulane Pro Basketball Negotiation Competition, Villanova's two teams finished 1st and 4th, a year after finishing 2nd and 5th in 2020. These are tournament accolades even Jay Wright has to admire. So there you have it: Villanova’s Jeffrey Moorad Center is a cut above the rest in the sports law field. Situated in an incredible sports market, featuring robust professional opportunities, offering a strong curriculum, and hosting innovative competitions, VLS students graduate with a wealth of knowledge and a prestigious degree that carries immense weight in the sports law world. If you have any interest in the field, I implore you to consider Villanova Law. (Special thanks to VSLS President Austin Meo, whom I had the pleasure of interviewing for this article)

If you’ve seen the 2015 movie Concussion starring Will Smith then you’re well-aware of the NFL’s (mis)handling of brain injuries involving former players. For years the NFL attempted to cover-up and deny the severity of brain trauma caused by the sport. Finally in 2011, after several high-profile suicides and a swarm of personal injury claims filed by former NFL players, the league could no longer bury their head in the sand to the trauma-induced reality. The league entered into to a compensation settlement agreement with former players to pay athletes who suffered from brain injuries due to the violent nature of the sport. Under the settlement agreement, a former player who has a “qualifying diagnosis” is eligible for a payout. The qualifying diagnoses were listed as Dementia, Alzheimer’s, Parkinson’s, ALS, and CTE. Notably, the NFL laid out a set of procedures that a retiree had to complete that would “allow” them to qualify for compensation after being diagnosed by an NFL-approved physician.[1] So if we revisit that depressing 2015 Will Smith movie – an overly optimistic viewer could tell themselves that after years of suffering and being lied to, NFL players were finally getting a sense of justice. Their pain and suffering would be recognized by the NFL and they were set to receive compensation. This story had a semblance of a satisfying ending, albeit taking a demoralizing route to get there. Since the settlement agreement was reached in 2011, nearly a billion dollars has been paid out to NFL retirees for neurocognitive problems linked to NFL concussions. But as it turns out, the latest NFL settlement could make for a compelling sequel to Concussion. In a story predicated on the NFL being forced to “tell the truth”, it seems that the NFL’s enforcement of their settlement agreement has been filled with race-norming tactics that led to former Black athletes receiving less compensation than their White counterparts. When confronted with the issue, much to the surprise of no one, the league lied and denied these practices were occurring.[2] Najeh Davenport and Kevin Henry, two Black NFL retirees, brought a civil lawsuit against the league in which they alleged race-norming tactics were being used when evaluating retired players for Dementia. This binary scoring system in Dementia testing ­– one for Black people, one for everyone else – was developed in the 1990s as a crude and controversial way for neurologists to factor in a patient's socioeconomic background. However, experts claim it was never meant to be used to determine payouts in a court settlement. The complaint, which can be found here, states “The NFL’s actions were designed to, and did, make it far more difficult for Black retirees to receive benefits for the brain injuries which are a routine result of playing pro football.”[3] In simplest terms, for a retiree to qualify for compensation under the settlement agreement they must be evaluated by a physician. These physicians were commonly provided by the NFL. Physicians must then diagnose the retiree with one of the specified brain traumas that demonstrate they are suffering from enough debilitating brain damage to qualify for compensation. These procedures were put into place to gatekeep who receives compensation under the settlement agreement and to set standards for the NFL to recognize that a player was experiencing enough harm. To properly evaluate the level of brain trauma a retiree had suffered, the physician would have to estimate the cognitive ability the athlete had before playing football. Throughout the settlement process physicians were automatically assuming (through a statistical manipulation called “race-norming”) that Black players started with worse cognitive functioning than White players. Therefore, it was more difficult for Black players to prove that football had worsened their cognitive functions. When you are starting from a lower point, it’s easier for a physician (and the NFL) to claim that football didn’t have a significant impact on your brain capabilities. As a result, Black retirees wouldn’t qualify for compensation under the settlement agreement. When the lawsuit by Davenport and Henry was filed, NFL spokesperson Brian McCarthy categorized the allegations as “entirely misguided”. The allegations can be summarized to this: The NFL, through a settlement process that was put into place after years of denial surrounding head trauma, was now implementing race-norming tactics to manipulate compensation to Black NFL retirees suffering from head trauma. This story is dark even for the NFL. Davenport and Henry both suffered a handful of diagnosed concussions throughout their NFL careers. They both currently suffer from symptoms of brain trauma that includes persistent headaches, memory loss, and depression. Even though both NFL retirees struggle performing basic every-day life activities, both were denied compensation under the settlement agreement. In Davenport’s case, he was initially granted qualification by a physician due to the level of cognitive function his brain test showed. However, the NFL appealed and recalculated Davenport’s scores using racial norms. Subsequently, he was denied compensation. In a decision that was likely celebrated in NFL headquarters, Senior U.S. District Judge Anita B. Brody dismissed Davenport and Henry’s dispute against the NFL and ordered the two sides to mediation.[4] The battle between Black retirees and the NFL would no longer play out in public through court. After months of closed-door negotiations between the NFL and attorneys representing Black retirees, last week the two sides submitted a proposal to the court in which the NFL agreed to end race-based adjustments in Dementia testing. Interestingly, the settlement agreement will also include that the NFL admits to no wrongdoing.[5] But if you read between the lines, this settlement agreement all but confirms that the NFL was using race-norming tactics to test for Dementia for years. The deal between the two sides reads, "No race norms or race demographic estimates -- whether Black or white -- shall be used in the settlement program going forward". Black retirees will now be given the opportunity to have their tests rescored or, in some cases, seek a new round of cognitive testing. But the current deal still allows the NFL to the shield themselves from opening up their books and providing demographics of who’s applied and who’s been paid under the settlement agreement.[6] While this is a win for Black retirees, the NFL will breathe a sigh of relief by sweeping this under the rug as quickly as possible. The NFL has consistently failed to tell the truth. This proposed deal is no different. Matthew Netti is a 2021 graduate from Northeastern University School of Law. He currently works as an attorney fellow at the Office of the General Counsel for Northeastern University. You can follow him on twitter and instagram @MattNettiMN and find him on Linkedin at https://www.linkedin.com/in/matthew-netti-ba5787a3/. [1] BBC News, NFL to end race-based testing in dementia claims (last visited Oct. 22, 2021) https://www.bbc.com/news/world-us-canada-58993679. [2] MaryClaire Dale, Lawyers: NFL Concussion Awards Discriminate Against Blacks, AP (last visited Oct. 22, 2021). [3] Complaint Henry v. NFL, 2:20-cv-04165 (E.D. Pa. 2020). [4] Timothy Rapp, Judge Dismisses Lawsuit Challenging “Race-Norming” in NFL Dementia Tests, Bleacher Report, (Mar. 8, 2021). [5] BBC News, NFL to end race-based testing in dementia claims (last visited Oct. 22, 2021) https://www.bbc.com/news/world-us-canada-58993679. [6] Id.

As reported by Mark Berman of Fox 26 Houston, subpoenas were being sent out by Johna Stallings, Human Trafficking Section Chief for the Harris County District Attorney’s Office. That is a story that has already been told. However, the question remains, what does that mean for Deshaun Watson, the Houston Texans, the Miami Dolphins, Carolina Panthers, the always seemingly present mystery team, and the NFL itself? Two months later and we haven’t heard anything. With the NFL Trade Deadline looming on November 2, the Houston Texans reportedly could trade Deshaun Watson any day. However, I am writing to say that decision for any team acquiring Mr. Watson would be very, very unwise. This isn’t like the Trevor Bauer case. Deshaun Watson is in way worse shape. I can tell you seeing the words Human Trafficking Unit on subpoenas is something Mr. Watson should take very, very serious. The Human Trafficking Unit likely oversees a broad range of sex crimes including Prostitution, Sexual Assault, and obviously Human Trafficking itself. My first thought was solicitation of prostitution. In numerous Complaints, Mr. Watson allegedly solicited his massage therapists to perform various sexual acts on him. Recently, solicitation of prostitution was made a felony in the State of Texas. The legislative intent was likely to deter potential johns if it were from soliciting prostitutes. That is because a vast majority of them are being trafficked. That doesn’t necessarily mean that they were kidnapped out of a Paris penthouse and put up for sale at an international auction on a yacht. Some owe debts to drug dealers and if the drug dealer forces them to engage in sexual relations to pay off said debts, that drug dealer is engaged in human trafficking. Mr. Watson’s alleged solicitation crimes took place before the law was enacted on September 1, 2021, so it is highly unlikely a grand jury would be convened to indict Mr. Watson for a crime that wasn’t even a felony when he allegedly committed them. As stated in previous articles, I was a felony prosecutor during my three years in Sarasota and Manatee County, Florida. If a Division Chief (such as Ms. Stallings) was ever personally responsible for a case, the case was big. It was almost always a case where the office was seeking life in prison or seeking the death penalty. If Ms. Stallings is the one sending out the subpoenas, there is high probability that she will be the one who will presenting the case to the grand jury. If she presents the case to the grand jury and a true bill is returned, she herself would likely be primarily responsible for prosecuting the case. That thinking being is that she herself knows all the intimate details about the cases and she has already established relationships with the alleged victims and law enforcement. However, the District Attorney herself could simply want her best sex crimes prosecutor for a high-profile case. I believe the thinking to be the former. My second thought for a potential charge was sexual assault and that is still very possible. That is because during my review of the twenty-four lawsuits against Mr. Watson, I found three separate lawsuits where the alleged Plaintiffs claim that Mr. Watson forced his penis into their mouths. Under Texas Law which governs Sexual Assault 22.011(a)(1)(B) which states, “A person commits an offense if the person intentionally or knowingly causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent.” That language is exactly what Mr. Watson is to have allegedly done to at least three separate women. That charge is a 2nd degree felony and punishable by no less than two years in prison and not more than twenty. That means if he is convicted, he must serve two years in prison. It is what is often called a minimum mandatory. That is the most likely charge based upon the information available. I recently listened to a podcast and Ms. Stallings talked at length about how she routinely seeks the maximum sentence if the case goes to trial. Thus, if Mr. Watson goes to trial on Sexual Assault case and loses, Ms. Stallings would very likely recommend that Mr. Watson serve twenty years in prison. Would that sentence be imposed? It would depend on the aggravating circumstances of the crimes and any potential mitigation. Sexual Assault is the most likely crime to be charged. However, don’t be surprised if Mr. Watson is charged by a grand jury with a way worse offense, trafficking in persons. Under Texas Law 20A(4), “Traffic” means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means. As seen in various Complaints, Mr. Watson solicited these massage therapists on social media. These alleged massage therapists believed that they were invited to Mr. Watson’s residence to perform professional massages. It was until after they began that they realized Mr. Watson allegedly had other deviant plans. According to Texas Penal Code, human trafficking is when a person knowingly participates: Through force, fraud, or coercion, causes the trafficked person to engage in prohibited conduct, including prostitution, promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution. Thus, an argument can absolutely be made that Mr. Watson enticed those women to come to his house under false pretenses to perform professional massages when he really wanted them to perform sexual acts. He forced them to perform them and then paid after for their compelled services. If I am an executive with any NFL looking to acquire Deshaun Watson, I am not touching him even if the price is a Conditional 7th Round Pick in 2024. Mr. Watson is more likely to be in a prison cell in the State of Texas than be playing in Super Bowl LVIII in Glendale, Arizona. That is because when a high-ranking prosecutor convenes a grand jury with countless alleged victims all saying very similar facts, it almost never swings the way of the Defendant.

Content warning: This story contains details about alleged sexual assault. In 2010, the Chicago Blackhawks won their first Stanley Cup in 49 years. The front office and the coaching staff were lauded, alongside the players. But according to a report released Tuesday, that same front office and coaching staff knew about an alleged sexual assault of a player by a coach. Instead of investigating, they chose to focus instead on the playoffs: “At a minimum, the senior leaders, including then-President John McDonough, were informed of alleged sexual harassment of a player by a coach, including efforts by the coach to engage in unwelcome sexual activity with that player. Several witnesses recalled or later told others about a discussion that ensued during the meeting [held after the decisive Western Conference Finals game] regarding whether the time was right to address the allegations against [the coach] in light of the need to protect team chemistry and avoid bad publicity during the ongoing playoffs. What is clear is that, after being informed of [the coach’s] alleged sexual harassment and misconduct with a player, no action was taken for three weeks. … We found no evidence that any action was taken to address the issue until after the playoffs ended.” The report follows a months-long investigation by independent counsel from Jenner & Block, prompted by the filing of two civil lawsuits against the Blackhawks, alleging sexual harassment and assault by former video coach Brett Aldrich, including a former player referred to as John Doe. Its based in part on 139 interviews of current and former Blackhawks executives, coaches, players, and staff, including Doe and Aldrich, and it details a stunning and disappointing lack of action by Blackhawks management regarding the alleged incident. Almost immediately after the report was released Tuesday afternoon, the dominos started to fall: the Blackhawks were fined $2 Million by the NHL for inadequate procedures and insufficient handling of the matter; President of Hockey Operations and General Manager Stan Bowman resigned; former head coach Joel Quenneville (now coach of the Florida Panthers) and former Assistant GM Kevin Cheveldayoff (now GM of the Winnipeg Jets) are also implicated in the report and have to be feeling uneasy about their future job prospects. The report’s findings and conclusions could have ramifications on the two pending civil lawsuits as well. The allegations themselves are shocking: Doe alleges, that while he was a 20-year-old member of the “Black Aces,” a group of minor leaguers that practiced and traveled with the club during the 2010 playoffs, Aldrich not only sexually assaulted him, but threatened him: “John Doe stated that Aldrich threatened John Doe by telling John Doe he needed to act like he enjoyed the sexual encounter or John Doe would never play in the NHL “or walk” again, forcibly performed oral sex on John Doe, masturbated on John Doe’s back, and then threatened John Doe again before John Doe was able to escape Aldrich’s apartment.” The report goes on to lay out how Doe reported the incident to team management, which not only failed to properly investigate the matter, but chose not to deal with it until conclusion of the playoff run. Aldrich was allowed to remain with the team, not only coaching, but interacting with players and staff including Black Aces players and Doe. After further being allowed to celebrate the Cup victory—even getting the privilege of a customary day with the Cup trophy, on which his name is engraved—Aldrich was allowed to quietly leave the team, and no investigation was ever conducted. “As a result, the Blackhawks’ own sexual harassment policy—which required investigation of all reports of sexual harassment to be conducted “promptly and thoroughly”—was violated.” In May of this year, Doe filed a civil lawsuit against the Blackhawks in Cook County, Illinois, which was followed by a similar suit on behalf of a high school player in Michigan, also alleging sexual assault by Aldrich. The Blackhawks have moved to dismiss the Doe case, arguing that the 2-year statute of limitations ran long ago regarding the 2010 incident. Doe argues that, due to repressed memories of the events, the statute did not begin to run until 2019, when Doe learned about the subsequent alleged sexual assault allegations in Michigan, at which point Doe “reflected on his own victimization and how it had affected his life.” Illinois generally utilizes the “discovery rule,” regarding when a claim accrues. When a plaintiff “discovers” their injury—which triggers the statute of limitations clock—is typically a question of fact, precluding dismissal at the pleading stage. The “repressed memory” argument is a somewhat novel one, particularly for an adult; but it has been successful in other cases, especially at the pleading stage. The timing of the Jenner & Block report, issued while the lawsuits are still in the pleading stage, clearly changes the case dynamics. Typically, a defendant would want to avoid discovery in this type of case at (almost) all costs, to avoid the potential public relations damage; here that damage is already done. The Blackhawks’ litigation defense team has now gotten a preview of what evidence would come out during discovery, much of it damning; interestingly, the report notes that the Blackhawks’ defense team was present for certain witness interviews. Further, the report noted that the Blackhawks violated their own internal policies in handling the incident, including their failure to promptly and properly investigate. In Illinois, a defendant’s violation of its own policies generally is not negligence per se and it does not create a heightened legal duty; however, violations can be evidence of negligence or wrongdoing, and practically, it doesn’t look good when companies violate their own policies. Of course, if the case is dismissed at the pleading stage, it’s a moot point for the lawsuit. Cook County is typically seen as a relatively liberal jurisdiction in allowing personal injury cases to go forward at this stage of litigation. For what it’s worth, after the report was released, Blackhawks CEO Danny Wirtz said “It is clear that in 2010, the executives of this organization put team performance above all else. John Doe deserved better from the Blackhawks. And while we believe we have a strong legal defense, I have instructed our lawyers to see if we can reach a fair resolution consistent with the totality of the circumstances.” Ben Shrader is a partner at Hart McLaughlin & Eldridge in Chicago, where he serves as Chair of the Chicago Bar Association Sports Law Committee and litigates regularly in Cook County courts. You can reach Ben at bshrader@hmelegal.com or find him on Twitter @BenShrader.

Sports law is an ever-evolving and expanding subset of the law, and as the recent NCAA v. Alston ruling, NIL, and Super League controversy have shown, there are far more legal roles in sports than the typical pro agent. From arbitration and player unions to compliance and contracts, a law degree can open the door to a wide range of opportunities at both the collegiate and professional level of athletics. Many law schools around the country recognize the potential of sports law and offer some opportunities in the field, while some boast full-fledged sports law programs and concentrations. However, unlike business law and health law, U.S. News & World doesn’t offer lists detailing sports law programs; this makes the law school search difficult for a prospective 1L with aspirations for a career in sports. Enter the Sports Law Program Spotlight! Although this was originally intended to be a monthly series, we will be putting these spotlights on a more frequent basis due to the popular demand by both prospective law students and law schools themselves. We will highlight a law school that offers strong opportunities in the field of sports law. These opportunities include, but are not limited to: a sports-centric curriculum; sports law certifications; unique legal internship opportunities within the sports market; and sports law journals The focus of this Sports Law Program Spotlight is… University of Georgia School of Law Currently home to the top ranked football team in the nation, it’s a great time to be on campus at the University of Georgia. Located in Athens, you’ll be welcomed with “Southern Hospitality” if you ever visit one of the more charming college towns in America. In addition, the University carries high academic prestige and the UGA School of Law ranks as one of the best law schools in the South by US News & World. But to learn more about the intersection between sports and the law at UGA, I reached out to Jake Gordon, a current student. Here is an overview of what the University of Georgia School of Law offers to students with passion and interest in the field of sports law. If you’re a prospective student interested in the field of sports law, the curriculum and degree offerings at UGA Law might be for you. To start off, there is a dedicated course to sports law taught by John Cooper, who is the Senior Vice President and General Counsel for IMG. The course offers a lot of out-of-class experiences, such as adjunct classes with Deputy General Counsel Jonathan Smith of the Atlanta Braves and Scott Wilkinson, Chief Legal Officer for the Atlanta Hawks. Special guests including Greg Heller, the Chief Legal Officer and Executive Vice President of the Braves and Brandon James, the Deputy General Counsel for the San Antonio Spurs have all spoken to the course of late. In addition, multiple intellectual property classes weave sport law into the curriculum. If you’re deciding between getting a JD or a Master’s in Sports Management, UGA offers a dual JD/Masters in Sport Management Degree available through the Law School, as well as other Master’s Sport Law Classes that can satisfy a JD without getting a Master’s Degree. This dual degree gives the theoretical and practical background to pursue career opportunities as a lawyer concentrating on sports issues. Most UGA Law students interested in sports are involved in the Sport and Entertainment Law Society. The society is a student-run organization with a mission to create opportunities for UGA Law students who may be interested in pursuing a career in the sports and entertainment law industries. It ​​strives to expose students to the unique and illustrious industries via conferences, round-table discussions, and various networking events. The Negotiation Team participates in multiple mock Sport Contract Negotiations across the country. Many students showcase their sports law knowledge in law journals offered by UGA Law. A lot of students, Jake included, use the Journal of Intellectual Property to write about issues in Sport Law. Jake recently wrote about Federal NIL Legislation for College and High School Athletes. Most importantly, UGA Law works hard to put their students in the best position to achieve their career goals. Academic Advisors set up meetings with alumni who have had amazing careers in Sport Law. Jake’s advisor recently put him in touch with the aforementioned Brandon James and NFL Agent Trevon Smith. In addition, for those interested in working in college athletics. UGA has a corporate counsel externship that allows students to get practical work experience with the UGA Athletic Department. In summary, the University of Georgia School of Law offers a great experience for prospective law students interested in sports law. About a 90-minute drive from Atlanta, one of the best sports cities in the country, the opportunity is there to make great connections with professionals in the sports law community. The combination of the curriculum, degree offerings, professors, guest speakers, advisors, and internship/externship opportunities provide everything a prospective sports law student could ask for. Future sports lawyers should definitely add UGA to their list of schools. Big Thanks to Jake Gordon for the great information about UGA Law. You can follow him at @cantguardjake on Twitter and check out his work at @SportsTalkATL if you’re an Atlanta sports fan!

For months, there have been rumors about a potential relocation of the Buffalo Bills to Austin, Texas. An ownership source in the NFL told ESPN’s Seth Wickersham that Austin is a city that “desire[s] an NFL franchise and would pay handsomely for it.” Economically, it makes sense for Austin to have its own team. It was the 13th fastest growing city in the U.S. last year and its population grew 33.7% from 2010-2020. Conversely, Buffalo ranked 9th on the fastest shrinking cities list in 2020. The Bills, however, are a religion in Western New York and a massive driving force behind the region’s social and economic culture. Although team owners have significant flexibility in the management of their organizations, there is one step that New York can take to help stall a potential move. After the Browns move to Baltimore in 1996, Ohio enacted the “Art Modell Law” named after the infamous team owner. The law, RC 9.67, is titled “Restrictions on owner of professional sports team that uses a tax-supported facility.” Under the law, professional sports teams that plays their home games in tax-supported stadiums and receive financial assistance from Ohio cannot move to a new location without either: entering into an agreement with the political subdivision where the tax-supported stadium is located permitting the franchise to relocate (consent of the hometown); or giving six-months’ notice of the intention to move, and, during the six months after the notice, giving local individuals or groups the opportunity to purchase the team. Although the law is not an absolute bar to relocation, it can empower local communities in their negotiations with professional franchises and has proven effective in recent history. In 2017, the owner of Major League Soccer’s Columbus Crew, Anthony Precourt, announced that he wanted to move the team to – coincidentally – Austin, Texas. At the time, the Crew played their home games at MAPFRE stadium, which sat on tax-exempt state land. In response, Ohio Attorney General – and now Governor – Mike DeWine, filed a lawsuit against the franchise invoking the Art Modell Law. Attorneys for Precourt and MLS filed a motion to dismiss, arguing that application of the law would be an unconstitutional interference with their right to conduct business in interstate commerce. Some legal scholars agreed, noting that the federal government, not states, has the right to regulate national businesses like sports leagues. However, an Ohio judge refused to dismiss the lawsuit, and it withstood several legal challenges before being voluntarily dismissed after an announcement that an investor group led by Browns owner Jimmy Haslam and Columbus-based physician Dr. Pete Edwards would be buying the team. In this case, the law proved to be at a minimum a strong negotiating chip for the city. Such a law would apply to Highmark Stadium, home of the Bills, since it is owned by Erie County. The most recent round of renovations at the stadium also included $130 million in taxpayer money. Additionally, the Bills owners, Pegula Sports and Entertainment, raised eyebrows when they submitted a $1.5 billion proposal for a new fully taxpayer-funded stadium. Local officials have called that proposal a “non-starter” while Bills co-owner Kim Pegula has previously stated that they “don’t have a billion-and-a-half dollars sitting around.” Passing a New York-version of the Art Modell Law prior to negotiations playing out would be a heavy-handed approach by state and local officials. However, so is a proposal for a 100% taxpayer-funded stadium. Nevertheless, a Bills relocation would be socially and economically catastrophic to Western New York. It is estimated that a new stadium would generate $793 million annually for Erie County over the next 30 years. Additionally, the Bills have a $360 million annual impact in Buffalo and $380 million across New York. Finally, the Bills currently account for 2,200+ jobs in the region and construction of a new stadium could triple that number. Local officials should do everything they can to keep the team in Buffalo, and if New York does not pass its own version of the Art Modell Law before a new stadium deal, they should certainly consider passing one afterwards to ensure that the franchise remains in Western New York for the long haul. If they do, I wouldn’t put it past Bills Mafia to celebrate by jumping through tables outside of the Governor’s Mansion in Albany. John Nucci can be found on Twitter @JNucci23.

Lucas Hernandez’s four-year, ongoing legal saga, involving a domestic dispute with his wife, Ms. Llorente has temporarily come to a screeching halt with the announcement of Hernandez receiving only a suspended sentence.[1] To briefly reiterate the context of the matter, in 2017, Hernandez and Llorente engaged in a mutual physical confrontation, leading to the Spanish courts issuing dual restraining orders against each party.[2] Following the altercation, the duo sought to remedy their damaged relationship by getting married and taking a honeymoon together, thus violating the terms of the restraining order.[3] However, only Hernandez knew of the order and subsequently only he was punished.[4] Yet, by the time the Spanish court flirted with imposing a potential prison sentence of up to one-year upon Hernandez, he had already completed his transfer from Spanish side, Atletico Madrid, to the German Bundesliga squad, Bayern Munich.[5] Nonetheless, just last month, the Spanish court system opted to put out an arrest warrant for Hernandez in order to extradite him to Spain to suffer the consequences of his actions.[6] That is where we left off last time.[7] On October 27, Hernandez had his appeal upheld in order to avoid serving prison time.[8] Despite the good news for Hernandez, the suspended sentence will last for four years, and any violation committed by Hernandez within that time frame will trigger an automatic extradition to Spain to serve all six months.[9] For now, rather than sleeping within the confines of an 8x11 prison cell, Hernandez will be cozying up each night in his own home, resting up before resuming work the following day with his Bayern teammates.[10] As a result of Hernandez’s temporary relinquishment from the Spanish legal system, Bayern can now expand their horizons in the upcoming winter transfer market rather than looking for depth at left-back. Though Bayern is one of few teams with little room for improvement, one area they may want to address is the right-back position. Bayern may, in typical fashion, look to swoop up a youth superstar from another Bundesliga league team; perhaps Jeremie Frimpong of Bayer Leverkusen.[11] Or, on the other hand, Bayern may look for an instant impact player such as Juventus’s Mattias De Sciglio, who can play wing-back on either side of the field, just in case Bayern still want an insurance policy for a potential Hernandez slip up.[12] Nevertheless, any hope held out by other clubs around the world that the Hernandez saga might set back Bayern a step has certainly been terminated. [1] Adriana Garcia, Bayern Munich’s Lucas Hernandez avoids jail time for disobeying restraining order, ESPN (Oct. 27, 2021 4:36AM), https://www.espn.com/soccer/bayern-munich-gerbayern_munich/story/4506755/bayern-munichs-lucas-hernandez-avoids-jail-time-for-disobeying-restraining-order; see Michael Millstein, Lucas Hernandez: Bayern Defender Back in Madrid But for the Wrong Reasons, Conduct Detrimental (Oct. 14, 2021), https://www.conductdetrimental.com/post/lucas-hernandez-bayern-defender-back-in-madrid-but-for-the-wrong-reasons (highlighting the legal complexities and storyline regarding previous context to the Hernandez legal saga). [2] Sergio Fernandez et al., Lucas Hernandez Could Go To Prison, MARCA (Oct. 13, 2021 6:48PM), https://www.marca.com/en/football/bayern-munich/2021/10/13/61670627ca47419f308b4567.html. [3] Id. [4] Bayern’s Lucas Hernandez Sentenced To Six Months In Prison After Disobeying Restraining Order, ESPN (Oct. 13, 2021 11:28AM), https://www.espn.com/soccer/bayern-munich-gerbayern_munich/story/4496829/bayerns-lucas-hernandez-sentenced-to-six-months-in-prison-after-disobeying-restraining-order. [5] See FC Bayern Sign Lucas Hernandez, FCBayern (Mar. 27, 2019 5:10PM), https://fcbayern.com/us/news/2019/03/fc-bayern-sign-lucas-hernandez-from-atletico-madrid (announcing Hernandez’s signing with Bayern for a then club and Bundesliga record, £80M). [6] Fernandez, supra note 2. [7] See Millstein, supra note 1 (detailing the latest in the Hernandez legal proceedings up through October 13 when the last major event occurred prior to the suspended sentence). [8] The Athletic Staff, Bayern’s Lucas Hernandez has prison sentence suspended after successful appeal, The Athletic (Oct. 27, 2021 7:39AM), https://theathletic.com/news/bayerns-lucas-hernandez-has-prison-sentence-suspended-after-successful-appeal/sfoFZMmLA9oV//. [9] Id. [10] Id. [11] See Jeremie Frimpong: ‘I Was Shocked,’ Bayer 04 Leverkusen (Mar. 2, 2021), https://www.bayer04.de/en-us/news/bayer04/jeremie-frimpong-i-was-shocked (exploring Jeremie Frimpong’s transfer to Bayer Leverkusen last year). [12] The reason Juventus keeping DE Sciglio has been revealed, Juventus FC (Aug. 22, 2021 11:45AM), https://www.juvefc.com/the-reason-juventus-keeping-de-sciglio-has-been-revealed/ (detailing the uncertainty surrounding De Sciglio’s future with Juventus despite the club opting not to sell him during the summer transfer window).

Knicks center Nerlens Noel sued Klutch Sports Group and ex-agent Rich Paul in early August of this year for lost earnings of up to $58 million and not fulfilling his duties as an agent. Now, Rich Paul answered back by filing a motion to dismiss in Texas Northern District Federal Court. Paul is arguing that the dispute should go to arbitration by the National Basketball Player’s Association (NBPA) and that Noel has not paid him for negotiating his Knicks contract last season. Paul filed a grievance against Noel with the NBPA in August regarding the pay dispute, according to the motion to dismiss. "Despite multiple written requests for payment, to date, Noel has failed to pay Paul any amount resulting from the Knicks,” the motion states. Noel has also filed his own arbitration case against Paul for “breach of fiduciary duty, breach of contract, negligence and gross negligence, and breach of the duty of good faith and fair dealing.” The case is now pending by NBPA arbitrator and retired Judge Richard Levie. According to the NBA Collective Bargaining Agreement (CBA), “The NBA and the Players Association shall agree upon a System Arbitrator, who shall have exclusive jurisdiction to determine any and all disputes arising under Articles I, II, VII (definitions, uniform player contract, basketball related income, salary cap, minimum team salary, and escrow arrangement).” Luckily for both parties this arbitration will be heard relatively soon. “In no event shall the award and written opinion be issued more than thirty (30) days following the date upon which the record of a System Arbitration proceeding is closed.” As I said in my first article, this could be a challenging case. It could go either way based on all the facts. If Paul deserves to be paid and has not been paid then Noel is in the wrong. Agents cannot be getting sued all the time because they told their player that the most money might not be the best option for them. In that case too much of the burden will be on the agents and they will make their players sign any contract instead of what the player wants. This will create open game for players to sue their agents if they sign a lesser contract. On the other hand, by not answering calls that could have helped Noel’s career Paul is negligent. Paul’s duty was to help Noel to the best of his ability. If shown that he did not help Noel then he would breach his duty of care to him. The NBA does not want agents slowing down free agency by not answering calls, or even focusing more on their high-end clients instead of their other players. With the new CBA looming agents do not want the NBA to restrict the number of clients they have if some cannot handle multiple clients. When more information comes out it will be very interesting to see what Judge Levie’s decision is.

By ruling against the NCAA in Nat’l. Collegiate Athletic Assoc. v. Alston et al., The Supreme Court effectively opened the flood gates to a litany of name, image, and likeness (“NIL”) deals for college athletes.[1] In spite of the public’s perception that such this ruling, promoting college athletes’ ability to profit from their popularity exuding from their on-field excellence, provides only positives, the public may be wrong. Since the Jurgen Klinsmann era of United States soccer, fans and coaches alike have exceedingly pushed young Americans to pursue the club soccer route rather than the NCAA route.[2] The purpose behind the movement is simple; our players will improve more at the club level, competing against high-level international competition, than they will by competing at the NCAA level where there is inarguably inferior coaching and competition.[3] Evidently, looking at the recent successes of US internationals, Christian Pulisic, Weston McKinnie, Sergiño Dest, and others, the push for pursuing the club soccer route is the proper direction to push these players in.[4] However, the new NIL deals threaten this recent success by providing young American soccer players with incentives to reverse course and return to the NCAA.[5] To play against the best competition, players aim to sign for a club in one of Europe’s top tier leagues: England’s Premier League, Spain’s La Liga, Italy’s Serie A, or Germany’s Bundesliga.[6] Therefore, unless they become one of the faces of American soccer, like Christian Pulisic, their ability to obtain a sponsorship deal from an American company, while playing soccer abroad in a foreign country, is relatively limited.[7] Furthermore, the lack of popularity soccer has in America does not help out either.[8] Therefore, if it is more financially rewarding for a soccer player to obtain an NIL deal in college sports than it is to sign a low level contract for a club team, US soccer will find itself at risk of its golden generation stagnating.[9] The key elements in predicting the outcome and trajectory of this consist of comparing the average lucrativeness of an NIL deal versus a low level club soccer contract, as well as the likelihood of receiving such a deal as a soccer player in America. In the kingdom of college sports, college football reigns supreme both in popularity, and subsequently in amount of NIL deals.[10] Currently, an astounding 60.1% of all NIL deals belong to college football players, with women’s volleyball in second place at just 9.8%.[11] This stems from companies who provide NIL deals primarily seeking out athletes with the greatest reach and popularity, typically measured via social media followers.[12] Reportedly 47.8% of the total compensation for NIL deals “is awarded for posting content on social media . . . .”[13] Though athletes at the pinnacle of college sports, such as Heisman Trophy contenders, have landed bombastically financed deals, the average deal for a typical division 1 athlete is $471.[14] Yet, it is important to consider that payout is per post, whereas the average deal won’t cap until a payout of over $200,000 has been delivered.[15] For comparison purposes, current FC Dallas striker, and American international, Ricardo Pepi’s base salary is $200,000.[16] With Pepi lined up as the starting American striker for the foreseeable future, it’s hard to imagine Pepi, with such popularity, wouldn’t have landed an NIL deal usually reserved for a Heisman Trophy winner; effectively out-earning his current salary by perhaps five-fold. At its core, the lack of popularity the sport has in America is the lone argument that NIL deals do not pose a massive threat to the growth of US soccer.[17] A recent study, premised upon viewership, concluded that soccer is the 5th most popular sport in America; trailing football, baseball, basketball, and ice hockey.[18] By that token, “[w]hile the gates are open, there has not been a flood of interest for soccer players” for NIL deal purposes.[19] However, soccer’s popularity is nevertheless growing rapidly in America; potentially soaring to new heights when the United States host’s the FIFA World Cup in 2026.[20] What happens then? Many agree that NIL deals are long overdue, as college athletes should have the right to profit from their diligence in sports. But, like nearly all good things, these deals do not come without a catch — stunting the improvement of US soccer. As soccer continues to grow in popularity, athletes may very well soon find themselves able to pick and choose between the lucrative college route, or the skill improvement club route. That decision is rightfully theirs to make. Yet, that does not mean that fans alike will not feel their hearts in their chests when the next Christian Pulisic prepares to make such a decision. [1] Nat’l Collegiate Athletic Assoc. v. Alston et al., 594 U.S. __ (2021). [2] Tisha Thompson, Is college soccer too much of a risk for rising U.S. talent?, ESPN (Mar. 22, 2018), https://www.espn.com/sports/soccer/story/_/id/22869596/2018-world-cup-college-soccer-too-much-risk-rising-us-talent. [3] Id. [4] Id. [5] See Kristi Dosh, Santa Clara Women’s Soccer Team All Get NIL Deals with ChiliSleep, Business College Sports (Oct. 22, 2021), https://businessofcollegesports.com/name-image-likeness/santa-clara-womens-soccer-team-all-get-nil-deals-with-chilisleep/ (noting how an entire college soccer team all got. NIL deals set to pay them well). [6] Allan Jiang, World Football Power Ranking: The Top 30 Leagues in Europe, Bleacher Report (Aug. 2, 2011), https://bleacherreport.com/articles/786046-power-ranking-the-top-30-leagues-in-europe. [7] See Under Armour, Trent Alexander-Arnold – The Only Way Is Through, YouTube (June 25, 2020), https://www.youtube.com/watch?v=XvGQLZZPTNQ&ab_channel=UnderArmour (Demonstrating the lack of deals for American athletes through Under Armour, an American clothing line, opting to place English international Trent Alexander-Arnold in its commercials instead of any US soccer player). [8] Spenser T. Harrison, Top Ten Reasons Soccer Isn’t Popular in the United States, Bleacher Report (May 5, 2008), https://bleacherreport.com/articles/21488-top-ten-reasons-soccer-isnt-popular-in-the-united-states. [9] Bill Connelly, USMNT golden generation? Why Pulisic, Reyna & Co. are on course to make a run at 2022 World Cup, ESPN (Dec. 8, 2020), https://www.espn.com/soccer/united-states-usa/story/4256235/usmnt-golden-generation-why-pulisicreyna-and-co-are-on-course-to-make-a-run-at-2022-world-cup. [10] Maria Carrasco, Some College Athletes Cash In While Others Lose Out, Inside Higher Ed (Oct. 12, 2021), https://www.insidehighered.com/news/2021/10/12/while-some-ncaa-athletes-cash-nil-others-lose-out#:~:text=Opendorse%2C%20a%20sports%20technology%20company,second%20place%20at%209.8%20percent; Sourav, Top 10 Most Popular College Sports In The World, Sports Show (Aug. 18, 2021), https://sportsshow.net/most-popular-college-sports/. [11] Carrasco, supra note 10. [12] Id. [13] Id. [14] Spenser Davis, July dats shows value of average NIL deal, Saturdays Down South (July 2020), https://www.saturdaydownsouth.com/sec-football/july-data-shows-value-of-average-nil-deal/. [15] Id. [16] Updated 2021 FC Dallas player salaries, FC Dallas (2021), https://www.bigdsoccer.com/2021/10/20/22736719/updated-2021-fall-fc-dallas-player-salaries. [17] Harrison, supra note 8. [18] Sourav, Top 10 Most Popular Sports In America In 2021 | Viewership And TV Ratings, Sports Show (Oct. 19, 2021), https://sportsshow.net/most-popular-sports-in-america/. [19] Harrison, supra note 8. [20] See FIFA World Cup 2026, FIFA (Oct. 14, 2021), https://www.fifa.com/tournaments/mens/worldcup/canadamexicousa2026 (alluding to the American host cities for the 2026 World Cup).

High school phenom Mikey Williams signed a multi-year endorsement deal with Puma, which makes him the youngest athlete to sign with the brand. The crazy thing is that he is only 17 years old, has not played a collegiate basketball game, still has two more years until he is draft eligible, and is only a junior in high school. Williams is a 6'2'' guard playing for Vertical Academy in Charlotte, North Carolina. Right now, he is listed as #11 overall on ESPN Top 60 for class of 2023. This summer, he signed with Excel Sports Management when the Name, Image, and Likeness (NIL) legislation went into effect. A huge factor that led Williams to get a deal with Puma is the fact that he has more than 3.3 million followers on Instagram. By now, there is no surprise that celebrities, top athletes, and even top college athletes make a lot of money on social media platforms like Instagram and TikTok. Now it is time for top high school athletes to get a piece of the action as well. It is tremendous to see Williams as a trailblazer for all high school athletes. Most importantly, if high school athletes have some money before college, then the recruiting process and AAU circuit will be a lot cleaner. Various colleges around the country are notorious for paying the best high school talent to come to their school, and many times AAU coaches get kickbacks as well. Both processes are sadly corrupt, but the recruiting process would drastically improve if money is not a factor. This makes a lot of sense for Adidas, Nike, and Under Armour as well because they are already sponsoring many camps and tournaments. Brands can have more tournaments and camps specifically for their players signed as well as have other camps for players trying to get scholarships. In the summer, there are high level camps and tournaments every week. High school athletes barely get a break where they must travel throughout the country to get looks at camps from every brand. Instead, they could get more rest and just go to the camps that their brand is sponsoring. In addition, more unknown players have a better chance of getting scouted. Talking directly to the players is more beneficial instead of having their AAU coach be the middleman giving money to their AAU coaches. Players do not have to put their entire future on a sketchy AAU coach that is receiving the player’s money. The process is way more favorable when players have more control of their future when receiving money. After high school athletes see this, they will spend more time focusing on their brand on social media platforms. More companies will emerge like Overtime and Hoopmixtape where they will film highlights of players and send them across social media platforms hoping they go viral. This is key because the more views, likes, subscribers, and followers that high school athletes can get, the more likely they will receive a deal with a major company. Then the company that either has a large presence on social media like Overtime or the emerging companies that can market well will benefit by all the views of their videos as well. There will be even more of an explosion of highlights and highlight tapes which will be very beneficial for the game overall. On the other hand, to get views players will be more focused on insane dunks, shots from half court, and ball handling tricks instead of the fundamentals. Everyone online want to see the crazy dunks or people get crossed up, but, the fundamentals are what make players great. Most high schoolers right now do not have the fundamentals perfected where they can be focusing more of their energy on aspects of the game that they are not ready for. Players will think this is the way they have to play to standout, and many will constantly try to have the best videos. The reason why Steph Curry can shoot from half court with ease is because he has mastered his shooting form from closer distances. These aspects of the game could be very frustrating for high school, AAU, and college coaches until it is normalized. In the short-term coaches will have to stress to their players that the way they play is more beneficial for additional deals than a couple of highlight reels. Now with money involved, the game of basketball will most likely change. Change is always exciting and great for any sport. In the next 10 years, the game could be even faster and a true position less league. There is already a taste of this with Ben Simmons and Luka Doncic who are big guys with guard abilities. When the emphasis is on ball handling and deeper 3s then eventually more and more players will do this. This has been happening over the last couple of years where the post-game for big men is almost nonexistent. In the future, I believe the game will be even more spread out with every player as a 3-point threat. With offenses spread out closer to half court teams will have extremely fast flowing offenses where every player will have more space to work with. At this point teams would have to change to different half court zone defenses or devout more attention to one-on-one defense. These deals could make the future for the NBA even brighter where there are more skilled players. Similar to college, the families of high school athletes will benefit from NIL deals as well. Traveling all over the country for various camps and AAU tournaments is expensive and this money could truly help. There are always players that have exciting highlight tapes but never make it to the NBA. For example, Aquille Carr had some of the most insane highlight tapes that took over the internet ten years ago. His Hoopmixtape video on YouTube has almost 10 million views. Unfortunately, he did not make it in the NBA and had a short stint in NBA G-League. Even if players like Carr get a little bit of money and do not make it to the NBA at least they get something for all their hard work. Chris D'Avanzo is a 2L at Hofstra Law. He can be followed on Twitter @_chrisdavanzo.

I am a huge fan of hockey, and in particular, of the Rangers. I’ve watched the team since the days of Lundqvist who has since retired and stuck with the team by joining their TV family. Now I’m glued to the screen watching Panarin and Zibanejad scoring goal after goal. Odds are, if you clicked on this article, you’re a big fan of the sport as well. If this is the case, I am sure you’ve shared in the same disappointed feeling as myself and the rest of the NHL fan base over the last 20 months. The frequency and caliber of controversies attached to the NHL organization seem to be endless. The most frustrating part is that many of these controversies were avoidable had the NHL been proactive. There is heightened duty for individuals and organizations that find themselves in highly influential positions. Simply put, the hope is that they utilize their platforms for good, and to spread good. This has been seen in the NBA’s handling of Black Lives Matter (8), by the National Women’s Soccer League halting play to bring awareness to sexual assault (1), and even by the MLB’s efforts to stand for general equality by broadcasting games hosted solely by women (7). On the outskirts sits the NHL, lacking any notoriety for leading the social pack and frankly, it’s embarrassing. (1) NHL and Civil Rights The NHL was initially hesitant to say the phrase “Black Lives Matter” and instead relied heavily on printing “#WeSkateForTheCup, #WeStakeForBetterDays, #WeSkateForBlackLives” and, “End Racism”. Do these phrases still carry a powerful message on their own? Of course. But there was an undeniable fear of saying “Black Lives Matter”. It was nowhere in the arena during the return to the bubble for the Stanley Cup in 2020 until the NHL final showed a promotional video highlighting the social circumstances over the past few months. The video audio played the follow; “three words we need to get comfortable saying: Black Lives Matter.” The catch – the NHL did not make the video, NBC did (2). Following this, it was the Hockey Diversity Alliance that had to ask the NHL to suspend playoff games in August of 2020 in solidarity with the movement (3). This was following the actions other leagues like the NBA who had already quickly made the choice to suspend gameplay. It seems the NHL made many calculated choices in their handling of the BLM movement in an attempt to remain neutral, resulting in a lot more following than leading. (2) NHL and Sexual Assault The NHL has recently made headlines recently due to their mishandling of sexual assault allegations. Kyle Beach came forward, for the second time, after a decade of silence following his initial report of sexual assault with the threat of violence against then film coach Brad Aldrich. The wrongful holdup behind anything being done about these reports was that at the time, the Blackhawks were in the running for the Stanley Cup. After winning, Beach sat waiting for disciplinary action by the Blackhawks against Aldrich. Fast forward a decade, and still nothing had been done in pursuance of these allegations. Kyle Beach officially filed his 2021 lawsuit against the Blackhawks coverup of the allegations in 2010, and now the NHL admits knowledge of the allegations for over four months prior to the official filing (4). The NHL took the word of Blackhawks Management over Kyle Beach who stated that the allegations against them “had no merit”, so the NHL did nothing. Commissioner Bettman stated in a conference, “I’m not sure there’s anything we could’ve done differently or faster, based on the knowledge that we had.” (4). I don’t know Bettman, maybe as a commissioner of the league, do a little investigating of your own rather than blinding trusting the team being accused for hiding sexual assault allegations for over a decade? Just a thought. (3) NHL and Gender Equality Did you know that the National Women’s Hockey League is in the middle of trademark and copyright processes to change their name to the Premiere Hockey Federation (PHF)? (5). If not, do not feel too bad, especially if your chosen source of hockey news is the NHL Instagram account. On September 7th, 2021, the organization formally known as the National Women’s Hockey League took a stand for gender equality in sports and removed the word ‘women’ from their name to squash the appearance of being just the women’s version of the NHL, a subgroup to real hockey. I went all the way back on the NHL’s Instagram to early September, 2021, and did not find a single post regarding this huge trademark decision by their hockey counterpart. The lack of support shown by the NHL to women in hockey is egregious and disappointing. Their complete disregard of women in the game does not end there. It is felt not only on the ice through their silence regarding PHF, but in their own staffing at the NHL. For this, I will let the numbers speak for themselves. See below for the 2019 staffing gender data for the NHL. Image via the Athletic On average, there are 46.6 people working in each team’s hockey operations, two of those are women, making the average hockey operations department 96 percent male (6). Are we sure this reflects an organization that follows equal opportunity hiring laws? This is not some town run coed softball league where you need at least two girls on the field at any time to play. This is a multimillion-dollar organization repeatedly and substantially staffing men more than women. Although I am giving a major metaphorical thumbs down to the NHL with this piece, I have hope and I am still a huge fan of the sport. I am a fan of all it can do for a city, for a young person searching for a meaningful and challenging activity, and for a person like myself who finally found a sport the entire family will actually sit and watch together, start to finish. The NHL is lucky enough to be the organization representing one of the toughest and most entertaining sports in the world. Going forward into 2022, the NHL must improve and grow drastically – clean it the puck up NHL. (1) https://mashable.com/article/nwsl-sexual-assault-stop-play (2) https://ftw.usatoday.com/2020/08/nhl-so-afraid-of-saying-black-lives-matter (3) https://www.sbnation.com/nhl/2020/8/27/21404439/nhl-players-postpone-games-august-27-follow-nba-lead (4) https://chicago.suntimes.com/blackhawks/2021/11/1/22757933/blackhawks-sexual-assault-scandal-gary-bettman-bill-daly-knew-december-2020-kyle-beach (5) https://www.premierhockeyfederation.com/news/nwhl-rebrands-as-premier-hockey-federation (6) https://theathletic.com/1318856/2019/11/05/measuring-gender-diversity-in-hockey-operations-departments-throughout-the-nhl/ (7) https://www.usatoday.com/story/sports/mlb/2021/09/21/espn-female-mlb-broadcast-melanie-newman-jess-mendoza/5801401001/ (8) https://theundefeated.com/features/how-the-nba-social-justice-efforts-dominated-the-season/

After ascending to a player recognized amongst the soccer world as world-class, in 2019 Lucas Hernandez said goodbye to his former club, Atletico Madrid (“Atleti”), after 6 seasons and joined the German giants, Bayern Munich.[1] Despite leaving Madrid in the rearview mirror, Madrid did not forget Lucas Hernandez, or more so his troubling actions. While still starring at left-back for Atleti in 2017, Hernandez and then fiancée, Amelia Ossa Llorente engaged in a heated confrontation which led to Ms. Llorente’s subsequent hospitalization to treat minor injuries.[2] Despite not pressing charges herself, due to the extent of the injuries suffered, the Spanish government successfully convicted Hernandez on charges of domestic violence.[3] In spite of serving 31 days of “community service for violence, assault, and damage to property,” Hernandez could not stay away, as he received a six-month suspended sentence in 2019 for breaking the restraining order.[4] Hernandez and Llorente got married shortly after the incident and took a honeymoon, upon which Hernandez evidently broke the restriction ordering him to remain 500 meters away from Llorente. With punishment looming, perhaps this helped inspire Hernandez’s move to Bayern.[5] Nevertheless, Hernandez was not able to outrun neither the law nor his reprehensible actions, as “the 32nd Criminal Court in Madrid ordered the imprisonment of . . . Hernandez.”[6] Despite the reported reconciliation between Hernandez and Llorente, the Spanish court seeks to hold Hernandez accountable for his violation of the restraining order to the fullest extent.[7] Under the Spanish legal system, a restraining order prevents the accused from going within a certain distance of the alleged victim, including the alleged victim’s house, place of work, or locations where he/she regularly frequents.[8] Such an order, therefore, bars face-to-face communication, which Hernandez violated by taking Llorente on a honeymoon after the assault.[9] A violation of the order is regarded as a criminal offense for which the punishment is a prison sentence; a legal standard from which the Spanish court does not intend to depart for the sake of Hernandez’s playing career.[10] Although Bayern will not fret securing their decade of dominance with a 10th straight Bundesliga title, the club no doubt has its sights set on the greatest prize club soccer has to offer ­– the UEFA Champions League. After lifting the trophy in 2019, Hernandez’s first year with the squad, he has emerged as a crucial member of the team. In spite of the dread surrounding potentially losing Hernandez for the remainder of the 2021/22 campaign, Bayern will not worry much, as they have one of the world’s premier defensive players, Canadian international Alphonso Davies, ready and able to go. However, Davies will no doubt need another left-back to help fill Hernandez’s shoes. The man for the job at the moment is English international, Omar Richards. Though Richards is a promising prospect, he has only played two games for Bayern, and so the club may wish to bring in another player in the winter transfer window if Richards performs poorly. Yet, for now, Bayern will surely cling to every bit of hope that Hernandez will somehow find a way out of this. One thing is for sure though, Hernandez’s homecoming to Madrid is certainly not the one he anticipated. [1] FC Bayern Sign Lucas Hernandez, FCBayern (Mar. 27, 2019 5:10PM), https://fcbayern.com/us/news/2019/03/fc-bayern-sign-lucas-hernandez-from-atletico-madrid. [2] Sergio Fernandez et al., Lucas Hernandez Could Go To Prison, MARCA (Oct. 13, 2021 6:48PM), https://www.marca.com/en/football/bayern-munich/2021/10/13/61670627ca47419f308b4567.html. [3] Id. [4] Id. [5] Bayern’s Lucas Hernandez Sentenced To Six Months In Prison After Disobeying Restraining Order, ESPN (Oct. 13, 2021 11:28AM), https://www.espn.com/soccer/bayern-munich-gerbayern_munich/story/4496829/bayerns-lucas-hernandez-sentenced-to-six-months-in-prison-after-disobeying-restraining-order. [6] CSmith1919, Breaking: Bayern Munich’s Lucas Hernandez “Summoned For Prison Sentence,” SBNation (Oct. 13, 2021 4:30PM), https://www.bavarianfootballworks.com/2021/10/13/22724253/bayern-munich-lucas-hernandez-summoned-for-prison-sentence-spain-pavard-sule-upamecano-davies. [7] Id. [8] Restraining Order, Piñera del Olmo (2021), https://www.pineradelolmo.com/restraining-order/. [9] Id. [10] Id.