According to the BOARDROOM, attorneys for Giannis Antetokounmpo have filed a lawsuit against Leaf Trading Cards (“Leaf”) over the use of the NBA superstar’s “Greek Freak” nickname and likeness. Prior to the 2013 draft where he was selected 15th overall, Leaf and Antetokounmpo agreed on an intellectual property licensing agreement. The details included Antetokounmpo signing 1,000 autographs at $8 each with the option for more along with rights to include Antetokounmpo’s name, nickname, and photo in its trading cards. (Sprung, 2022). Antetokounmpo’s attorneys say it was only a one-year deal and was terminated May 2014. Therefore, the deal was never renewed. However, Leaf continued selling items with the Greek Freak mark and Antetokounmpo’s name, nickname, picture, and likeness after May 2014. “Antetokounmpo’s legal counsel wrote to Leaf, demanding that it cease its infringing activities and provide a full accounting of all merchandise sold that included Antetokounmpo’s registered trademarks and rights of publicity.” (Heitner, 2022). The 21-page suit, filed in U.S. District Court in New York by law firm, Pardalis & Nohavicka, alleges trademark infringement, dilution, interference with prospective economic advantage, and as well as confusing and deceiving the public that Leaf and the NBA champion were still associated. Growing up most sports fans collected sports cards and could not wait to open a pack to find their favorite player. Surprisingly this has gone on since the 1800s. Sports cards were marketed with big businesses and were found inside packs of cigarettes, gum, and even taffy. (Huddleston, 2021). Multiple generations have passed down their old sports cards and, in some families, could even be a tradition to do so. Due to the pandemic people started to get their card filled shoe boxes out of the attic and started to uncover cards they probably have not seen in decades. This has created a surge of nostalgia and people wanting to get back to their roots as a child by collecting cards again. In February 2021, eBay reported that sports card sales in 2020 increased on the site by 142 percent over 2019, with more than 4 million cards sold. (Beer, 2021). When a product becomes popular it always turns into a huge business. Seven of the ten biggest sports cards sales in history have taken place over the past eight months and, during that span, the record for the “most expensive card ever sold” has been shattered twice. As of March 30, the current record holder is a 1952 Topps Micky Mantle card that was purchased for $5.2 million, according to Action Network. Topps who is one of the most popular sports card companies is valued at $1.3 billion. (Schwartz, 2021). A fun activity that was done as a child now has huge money and even more potential involved. Famous people and influencers such as Steve Aoki, Quavo, Snoop Dogg, and Gary Vaynerchuk are getting in on the action. Along with physical cards, NBA sports cards are now digital. Dapper Labs created digital collectables called NBA Top Shot. These digital cards capture an NBA player's best highlights within a blockchain-based NFT which are called moments. Each moment has a specific serial number to them so they cannot be duplicated or counterfeit unlike physical cards. People can now own and sell moments from their favorite player’s career instead of a plain card with a picture on it. On Feb. 26, 2021, more than 200,000 collectors waited in an online queue for the chance to buy one of just 10,600 new virtual packs of NBA Top Shot moments. Top Shot reportedly is valued at $2 billion, and more than $280 million has been spent on the NBA Top Shot platform since it launched online in October 2021, according to data tracker CryptoSlam. (Huddleston, 2021). Accordingly, due to the increase of potential in the sports card world whether that’s physical or digital there is huge money to be made and Leaf was not going to miss out on the opportunity. In the last few years, Antetokounmpo has taken the league by storm. At only 27 years old, he has already won an NBA championship, Finals MVP, 2x NBA MVP, 5x All-Star, NBA Defensive Player of the Year, and many more accolades. Antetokounmpo has propelled himself to being a top-three player every year and one of the most marketable players in the league, with his unique length and athleticism (hence the nickname “Greek Freak”). Antetokounmpo’s Top Shot 2014 layup sold for $137k and his rookie card sold for $1.8 million in 2020. (Huddleston, 2021). Truly, Antetokounmpo is a once-in-a-generation talent, and people are willing to pay a significant amount of money for any of his memorabilia. In order for this case to be settled, the specifics of the licenses will be vital. “Licenses means a contract exists allowing one company (the licensee) to use the property of another (the licensor). Most commonly for cards, the licensed content includes the player's image, the team name, uniform, professional league logo, etc.” (Baseball Card Legal Terms, 2011). If the case results in Antetokounmpo’s favor, then it is likely that the wording in the licenses is clear that it was just a one-year deal, and Leaf can no longer use his trademarked phrase “Greek Freak.” On the other hand, there could be a few reasons why this case would not result in Antetokounmpo’s favor. Typically, to protect something on the card, a patent number will be listed. Antetokounmpo did not receive registration of the “Greek Freak” trademark until February 2018. With no trademark in 2013, there could be a way for Leaf to create these cards up to that point. Therefore, with the trend of physical and digital sports cards increasing, Leaf wants to do everything in their power to be able to create as many cards as possible with Antetokounmpo’s name, image, and likeness. Citations Baseball Card Legal Terms. (2011, June 16). Retrieved from The Cardboard Connection: https://www.cardboardconnection.com/baseball-card-legal-terms Beer, T. (February, 11 2021). EBay Reports Increase Of 4 Million Trading Cards Sold In 2020. Retrieved from Forbes: https://www.forbes.com/sites/tommybeer/2021/02/11/ebay-reports-increase-of-4-million-trading-cards-sold-in-2020/?sh=7ab00f801963 Heitner, D. (2022, January 20). Giannis Antetokounmpo Attacks Leaf Trading Cards For Using His Marks And Publicity. Retrieved from Above the Law: https://abovethelaw.com/2022/01/giannis-antetokounmpo-attacks-leaf-trading-cards-for-using-his-marks-and-publicity/ Huddleston, T. (2021, March 6). The Sports Trading Card Boom: Baseball Cards Selling for Millions and the Crypto Craze Hits NBA Top Shot. Retrieved from CNBC: https://www.cnbc.com/2021/03/06/explaining-sports-trading-card-boom.html Schwartz, N. (May, 16 2021). Sports Card Collecting is Having a Historic Boom Right Now and Here’s Why. Retrieved from Deseret: https://www.deseret.com/entertainment/2021/5/16/22334507/sports-card-collecting-boom-explained-nft-future Sprung, S. (2022, January 17). Giannis Antetokounmpo Sues Trading Card Maker for “Greek Freak” Infringement. Retrieved from BOARDROOM: https://boardroom.tv/giannis-antetokounmpo-greek-freak-lawsuit/

News and allegations of domestic and sexual violence have plagued the sports world. From Larry Nassar and USA Gymnastics to ex-NFL player Zac Stacy, no sport remains unscathed from the ramifications of violence. Fans of every sport are stuck between feelings of hope that victims are speaking out and fighting for justice, and the dread of condemning their favorite players or teams for how they handle any allegations. The latest allegations of player misconduct surround Manchester United’s forward, Mason Greenwood. The 20-year-old forward was arrested late last month after rape allegations were posted on Instagram, including images and an audio file purported to be a recording of the attack. In one fell swoop, Manchester United issued a statement condemning violence, suspended Greenwood "until further notice", and sent supporters an email offering those who have purchased a Greenwood jersey to exchange it for another player, free of cost. The email stated: "As a United Direct customer we are writing to you regarding your previous purchase of a Manchester United shirt personalised with Greenwood, given the current circumstances relating to Mason Greenwood.” While many commend Manchester United and Adidas for the exchange option, others question why other teams and leagues have not utilized this system before. Sponsors drop players, deals fall through, and athletes are benched. However, Greenwood is not the first athlete accused or charged with violent conduct, yet the option for fans to obtain a replacement jersey is unheard of. Manchester United’s stance encourages a multitude of questions surrounding the different player contracts amongst sports leagues and teams. An interesting comparison to Greenwood’s situation would be to that of the Houston Texans’ quarterback, Deshaun Watson, who is the subject of 22 civil lawsuits and 10 criminal charges, including allegations of sexual assault. However, Texans fans were never given the option to exchange their Watson jerseys when news of the allegations broke in March 2021. Watson was never even formally suspended from training and playing with the Texans, nor did the NFL ever put Watson on the Commissioner’s Exempt List. Instead, the NFL refrained from taking a true stance on Watson’s future with the league while news of a possible trade with the Carolina Panthers or Miami Dolphins circulated on social media. Differences in contracts are likely at play in both of these situations, but fans are questioning whether Manchester United’s actions may inspire other teams and leagues to react similarly if the situation arises. Exchanging jerseys of players in the midst of controversy likely will not have much of an effect on the royalties collected from jersey sales, and likely not more so than the drop (if any) in the sales of said player’s jersey when under investigation. However, in a society that has promoted the support of domestic and sexual violence survivors, many fans may be more comfortable supporting teams that have displayed actions in solidarity with survivors.

Originally Published on offthecourtdocket.com. The National College Players Association (NCPA) has filed charges with the National Labor Relations Board accusing the NCAA, Pac-12, UCLA, and USC of unlawfully violating the National Labor Relations Act (NLRA). Specifically, the NCPA has accused the parties of misclassifying college football and basketball players as non-employees when the players should be classified as employees. The NCPA is a nonprofit advocacy association that includes current and former college athletes. The NCPA has advocated successfully on behalf of student-athletes since 2001. The organization’s advocacy efforts have led to changes to NCAA rules, including allowing for athletes to compensate off their Name, Image, and Likeness and new transfer rules. The charges filed with the NLRB could pave the way for athletes to unionize. On September 15, 2021, the NLRB’s General Counsel, Jennifer Abruzzo, issued a memorandum taking the position that student-athletes are employees under the NLRA and thus afforded all statutory protections. Abruzzo’s memorandum was supported by the United States Supreme Court’s decision in NCAA v. Alston, which found that the NCAA rules limiting education-related compensation violated the Sherman Act. The NCAA is currently battling a similar issue in Johnson v. NCAA. Judge Padova has recently elevated employer-employee issue in Johnson to the U.S. Court of Appeals for the Third Circuit. The Court must decide the following: “Whether NCAA Division I student athletes can be employees of the colleges and universities they attend for purposes of the Fair Labor Standards Act, solely by virtue of their participation in interscholastic athletics.” Any ruling is likely to make its way to the United States Supreme Court. In light of the majority opinion in Alston and Justice Brett Kavanaugh’s concurring opinion, it is likely that the Supreme Court will find that student-athletes are employees under the Fair Labor Standards Act. In 2021, student-athletes gained a significant victory when the Supreme Court ruled against the NCAA in Alston. Now, with the NCPA filing charges with the NLRB and Johnson heading to the appellate level, student-athletes could see further gains in the near future. Landis Barber is an attorney at Safran Law Offices in Raleigh, North Carolina. You can connect with him via LinkedIn or via his blog offthecourtdocket.com.

For over 10 years, Gary Grandison was the head women's golf coach at Alabama State University. There, he made an immense impact on the program, turning the Hornets into a Southwestern Athletic Conference powerhouse. Grandison's teams won 7 SWAC Championships and he was named the SWAC women's golf coach of the year 5 times. In 2019, the University decided not to renew his contract, forcing Grandison to move on. In July of 2020, he was hired as the head men's and women's golf coach at Texas Southern University, staying in the conference. While Texas Southern presented an exciting, new opportunity, Grandison believes that there was foul play involved in his Alabama State exit and overall treatment. He sued Alabama State under Title IX, alleging that ASU decided not to renew his contract "on the basis of sex." Title IX provides that "[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Grandison also claimed that he was wrongfully paid less than coaches of men's sports teams at ASU. He had signed a one-year contract extension with ASU in 2018. His salary was $55,000, and the contract specified that $21,489 would be paid from the women's golf budget and $33,511 would be paid from the men's golf budget (which he was also the head coach of). Grandison also had performance-tied bonuses included in his contract. Specifically, $3,500 for winning the SWAC championship; $5,000 for being crowned Black College national champions; and $3,000 for exceeding the team's multi-year academic progress rate (APR) of 950. Plaintiff testifies that he won the SWAC championship in 2018 but that he did not receive a $3,500 bonus. Grandison also incorporated perceived inequities between the women's golf team and other men's sports teams at ASU into his Title IX claims. He alleges his operating budget for the women's golf program dwindled in two years from $36,000 annually to $13,000 annually. He says he had to spend $7,000 of his own money to cover approved expenses for travel and competitions for the women's golf program. Finally, among other University wrongs, Grandison said, "to this day I still have not received the . . . 2018-2019 championship rings as a women's golf coach." In response, the University argued that allegations of misconduct by the plaintiff, not his sex, largely motivated its decision to not renew his contract. According to the decision, "[p]rior to the expiration of the 2018 Contract, the athletic director recommended to ASU President Quinton Ross that [Grandison] be placed on administrative leave pending an investigation into allegations of misconduct reported by female student athletes and their parents. In one instance, it was reported that Plaintiff had made inappropriate comments to a player on the women's golf team about her lifestyle and that he had refused that player's request to wear pants instead of a skort during competitions. Another reported incident concerned Plaintiff's allegedly inappropriate comments concerning a female golf player's sexual relationship with her boyfriend. There also were complaints—'more than a few'—from parents against Plaintiff." Grandison argued that the complaints were overblown and false. In his deposition, Deputy Athletic Director Jones articulated ASU's reasons for nonrenewing Plaintiff's contract as "(1) his contract was expiring on its own terms; (2) an investigation revealed "some merit" as to the players' and parents' complaints of misconduct by Plaintiff; and (3) Plaintiff disobeyed a directive not to return to practice after he was accused of having an altercation with a student athlete on the golf course." The court found these reasons to be legitimate and nondiscriminatory. Grandison's claims of disparate pay were not given merit by the court because the former ASU head coach failed to draw a comparison between his duties and the duties of assistant coaches or between his duties and the duties of the head coaches for football, men's basketball, and baseball. "Making assumptions about similarities of job duties is improper." With that, the Alabama Middle District Court held that Grandison failed to demonstrate a prima facie case of discrimination or show that ASU's legitimate, nondiscriminatory reasons for its employment decisions were pretext for discrimination. Therefore, ASU's motion for summary judgment was granted, throwing out Grandison's claims. Jason Morrin is a third-year law student at Hofstra Law School in New York. He is the President of Hofstra’s Sports and Entertainment Law Society. Additionally, he is a Law Clerk at Geragos & Geragos. He can be found on Twitter @Jason_Morrin.

In the aftermath of skipping the Olympics to reschedule regular season games postponed due to the COVID-19 outbreak, the NHL announced that the owners and players’ association conducted initial meetings centered on hosting another World Cup of Hockey in 2024, when COVID-19 will hopefully no longer have an impact on public sporting events. For those unfamiliar, the World Cup of Hockey was the NHL’s substitute for their players competing in the 2018 Olympics after a series of disputes between the owners, players, International Olympic Committee (IOC) and International Ice Hockey Federation (IIHF) over costs and advertising associated with NHLers participating in the Olympics.[1] On its surface, this move looks like a positive response to the public dissatisfaction from many NHL players over not being able to participate in this year’s Olympics. NHL Players clearly want to compete at the Olympics and have the chance to be part of moments that will transcend their playing careers and live on in the histories of their respective countries. Men’s Ice Hockey at the Olympics has hosted some of the most memorable games in the history of the sport, games like the 1980 “Miracle on Ice”, the Crosby (BOO!) Winner in overtime in the 2010 Gold Medal Game, and T.J. Oshie’s legendary shootout performance against Russia in 2014. Those opportunities don’t exist in the World Cup of Hockey, a tournament with no such historic lineage and, while being well organized, has always felt like a money grab by the NHL and its owners. The current CBA between the NHL and NHLPA includes a commitment to participate at the 2026 Olympics, but the current CBA also expires immediately after that Olympics and the 2026 season, where an unfortunate series of events could lead to an ugly rehashing of this dispute between the players and owners. The Owners’ motivations for wanting to restrict their players from competing in the Olympics are somewhat easily understood and perhaps reasonable from a business perspective. The Owners do not want to pay for the travel of their athletes to the Olympics, assume the risk of injury in the middle of the season (when most teams are gearing up for a playoff run, as happened in 2014 with Toronto Maple Leafs’ star John Tavares, at the time a member of the New York Islanders) and get nothing of monetary value in return (as they can’t use the media produced by the Olympics without the approval of the IOC, one of the points of contention in 2018). So, they initiated the World Cup of Hockey to monetize their players’ desire for international competition in the short term, and may attempt to rehash this issue in the next CBA negotiation if the following, or something similar, happens: The Beijing Olympics ratings come in lower than expected (The NHL Owners could argue this is because they didn’t participate, and attempt to leverage this into a new partnership with the IOC) The 2024 World Cup of Hockey is a surprising success, capitalizing on the vacuum of international hockey competition involving NHL players over the past 6 years The NHL Participates in the Milan Olympics and another major star gets hurt (Let’s say someone like an Auston Matthews, a US star playing for the Leafs, who are a Canadian Original 6 Franchise. This type of injury would have the greatest impact on NHL Owners across both countries) If all of that were to unfold, you can imagine the NHL Owners would be pretty upset with their current arrangement. Now, all those things happening exactly how I described them is unlikely, but if it happens, the Owners of the NHL may be determined to monopolize their players’ participation in international tournaments in the future. Attempting to do so may cause another lockout, as it’s clear from the players’ reaction to skipping these games they are committed to participating in the Olympics in the future. The more likely outcome is that the Owners use this as leverage to ask for other concessions in the CBA, and whether or not they get them will depend on how attached the players are to having the opportunity to become the next Mike Eruzione or Vladislav Tretiak. Michael DiLiello is an Army Officer transitioning to the Sports Law field and will enroll as a 1L in the Fall of 2022. His opinions are purely his own and do not reflect the opinions of the United States Army, the Department of Defense, or any other external agency. Michael can be found on Twitter @Mike_DiLiello and LinkedIn: http://linkedin.com/in/michael-diliello-1057b439. [1] Campigotto, Jesse. 2017. The NHL's beef with the Olympics, explained. April 2. Accessed February 11, 2022. https://www.cbc.ca/sports/hockey/nhl/nhl-olympics-dispute-1.4054830.

Former NBA champion and current collegiate golfer J.R. Smith has signed with Excel Sports Management for NIL representation. Smith spent 16 years in the NBA and amassed nearly $90 million in salary. But after a long NBA career, Smith hung up his basketball shoes, picked up his golf bag, and went back to school. In 2004, when Smith entered the NBA, he jumped directly from high school to the pros. So walking around a college campus is uncharted waters. At age 35, Smith enrolled at North Carolina A&T and joined the school’s Division I golf team. He’s documented his Happy Gilmore/Billy Madison-esque journey through his twitter account. Somewhere, 1996 Adam Sandler is smiling. Despite not having top-level success or a legitimate shot of taking his golf game to the professional ranks, Smith immediately became the country’s most popular Division I golfer. Success on the course isn’t a prerequisite for success in the NIL free market. Are there better college golfers than Smith in the country? Sure. But Smith’s marketability transcends his scorecard. Smith’s agent Lance Young told ESPN, “There's significant NIL interest among golfing equipment and clothing manufacturers and video game companies”. The NIL opportunities for Smith as a collegiate golfer are fascinating. His following fills a void within the golf community. He can reach audiences that no other golfer can. Smith’s career as an NBA player turned him into a cult NBA fan favorite. He was famous for his on-court flare and shirtless championship celebrations while constantly battling rumors involving his love for New York City nightclubs.[1] The transformation from once throwing a bowl of soup at an assistant coach to now playing the ultimate gentleman’s game deserves its own documentary – brands must be salivating. So what type of deals NIL deals can J.R. Smith expect? If you believe the words from his agent, which I do, he will have plenty of suitors. The former NBA player brings a unique sense of style to the golf course that is unparalleled, and brands can look to take advantage. Throughout his NBA career, Smith routinely laced up Nikes on the court. His on-court shoe choices consisted of LeBron James’ Solider 10, Kyrie Irving’s Kyrie 4, and Paul George’s PG2; all athletes signed to Nike, and all shoes showcasing the signature swoosh.[2] Falling in line with his choices of the past, it’s a natural fit for J.R. Smith to become another face of Nike golf and join players such as Tiger Woods, Rory Mcllroy, and Brooks Koepka. A quick examination of North Carolina A&T’s uniforms shows the school has partnered with Nike: Another opportunity for Smith may arise in Nike’s subsidiary, Jordan. The brand synonymous with basketball has attempted to break onto the country club scene over recent years. Jordan currently sponsors one professional golfer, Harold Varner III, who recently just won his first PGA tour event. Reportedly, Jordan was particularly drawn to Varner because of his roots where he proudly represents his home state of North Carolina, the state where Michael Jordan went to college.[3] J.R. Smith’s college career is also unfolding in the Tar Heel state. Golf course style has gone through a transformation. Recently, professional golfers have started to break away from the suburban middle-aged dad look that often-featured plaid sweater vests and clunky golf shoes. Instead, many global superstars bring streetwear to the golf course, wearing several high-profile Jordan and Nike shoes during their rounds. When Brooks Koepka was asked about his choice to wear a Nike AirMax/Off White collaboration golf shoe during the Tour Championship he responded, plain and simply, “It’s fashion, bro”. Perhaps Smith can be another golfer to push the limits of on-course attire for Nike, exciting sneakerheads while causing confusion amongst the traditional golf crowd. But Smith’s NIL opportunities don’t start and stop with sneaker companies. Originally starting as a skateboard brand, Supreme has developed into a streetwear lifestyle empire that features creative designs that often rely heavily on hip hop and pop culture influences. The brand has partnered with companies such as Budweiser, Playboy, Louis Vuitton, and many others. This isn’t the brand you associate with golf. However, a few years ago Supreme released a collection in collaboration with Lacoste that started to resemble golf fashion[4]. J.R. Smith is no stranger to the brand. In fact, a quick scan of his tattoos will reveal he’s actually quite a big fan. If Supreme is looking to expand their influence into golf, why look any further than the high-profile golfer that has the brand inked on his body. Smith has modeled for Supreme off the court in the past and even attempted to bring that relationship onto the court by sporting a Supreme shooting sleeve during an NBA game. He was swiftly scolded by the NBA for this wardrobe decision and refrained from any similar acts moving forward. Smith made it clear he hasn’t been paid by Supreme, but feels a connection with the brand stating, “[Supreme] represents the streets, it represents that gritty, weird personality. And that’s what I represent as a person”.[5] It’s clear that J.R. Smith can fill a void in golf marketing that no other athlete can touch. Thanks to NIL, Smith as a college golfer can use his influence to grow the game. His effort could be part of a larger movement for the sport to modernize and diversify its audience. Unlike other college athletes, Smith may not need the financial incentives that come with NIL deals. But these deals can have a positive and lasting impact on the sport at large. Smith has expressed a desire to bring golf into the lives of underrepresented minority groups. NIL grants him an opportunity. Matt Netti is a 2021 graduate from Northeastern University School of Law. He currently works as an attorney fellow in the Office of the General Counsel at 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/. You can find all his work at www.mattnetti.com [1] Jacob Emert, Cavaliers’ J.R. Smith sued for $2.5 million over alleged nightclub incident, The Washington Post (last visited Feb. 1, 2022) https://www.washingtonpost.com/news/early-lead/wp/2016/03/26/cavaliers-j-r-smith-sued-for-2-5-million-over-alleged-nightclub-incident/. [2] J.R. Smith, Baller Shoes DB (last visited Feb. 1, 2022) https://ballershoesdb.com/players/jr-smith/. [3] Tyler Lauletta, Michael Jordan texted Harold Varner III with an offer to be just the second Jordan Brand golfer and had a deal 2 days later, Insider (last visited Feb. 1, 2022) https://www.insider.com/michael-jordan-signs-harold-varner-iii-jordan-brand-2021-6. [4] Brittany Romano, This Lacoste X Supreme collection might be the closest thing to a Supreme golf line yet, Golf Digest (last visited Feb. 1, 2022) https://www.golfdigest.com/story/this-lacoste-x-supreme-collection-might-be-the-closest-thing-to-a-supreme-golf-line-yet. [5] Cam Smith, NBA Tells J.R. Smith to Cover Up His Supreme Tattoo Or Else, GQ (last visited Feb. 1, 2022) https://www.gq.com/story/jr-smith-supreme-tattoo-nba.

Since the birth of organizations such as DraftKings and FanDuel, the niche area of online sports gambling has grown throughout time. Though some recent developments have turned the tides considerably on this area and how the Supreme Court and other legal organizations have felt about this issue. So, let’s go on a small walk through the history of sports gambling and see how it’s been reflected on a national scale before we zoom in on my home state, Connecticut. During the 1900’s, scandals rocked sports and made way for legislation in the area of sports gambling. Most notably, the Chicago “Black Sox” scandal. To summarize it quickly, players on the Chicago White Sox intentionally lost the 1919 World Series in exchange for bribes from outsiders who would handsomely profit off their loss. This, along with many other gambling scandals, led Congress to eventually pass the Professional Amateur Sports Protection Act, or PASPA, in 1991.https://www.thelines.com/betting/paspa/. This law reflected the views of Congress regarding the fact that gambling was a “national problem.” Congress continued to clamp down on sports betting laws, ensuring that they would never develop into something big. This was, until May of 2018. In May of 2018, the Supreme Court voted against PASPA in a 6-to-3 decision in Murphy vs. NCAA. In short, the Supreme Court decided that the federal government may not force state governments to carry out its will, or that it violated the anti-commandeering principle. So now that we have gone through the history of sports betting, lets dissect the most recent Connecticut sports gambling law. My major issue with the Connecticut law that was passed in May of 2021 is that there is a lack of oversight. The American Gaming Association has made the argument that federal oversight of online sports gambling is not necessary, as it should be left to the states. The issue with this is the fact that the states don’t exactly have the resources to oversee this in comparison to the federal government. In Connecticut, the oversight of online sports betting is tasked to the Gaming Division of the Department of Consumer Protection. This is an issue because the state department is not funded to the same degree that the National Indian Gaming Commission is. Specifically, the NIGC had a $121 million budget in 2021, and is projected to have this same budget in 2022. This is compared to the $16 million budget for the Connecticut Consumer Protection department as a whole, never mind the budget for the Gaming Division itself. This has obvious risks, because less resources being dedicated to a certain effort will result in the department being able to do less to ensure that there is nothing nefarious going on. For example, as discussed in the Conduct Detrimental Podcast titled “Ben Simmons & The Sports Vaxx Standoffs,” the Netflix documentary “Bad Sport” has an episode that covers the Arizona State men’s basketball team and how they shaved points in order to ensure that the underdog would cover the spread for their bet, leading to the people that paid the athletes making a lot of money. It was only because there was a plethora of resources to help supervise the sportsbooks that the people behind this scandal got caught, and since the Connecticut department has less resources to catch these schemes, they could continue to go on if there is nothing done regarding the supervision of online gambling in Connecticut. So, after analyzing the history of sports gambling and the viewpoint of the Supreme Court, it should be easy for them to be able to maintain that the federal government has a way to supervise gambling. If they don’t, these cases of point shaving could make their way to your favorite sports teams, and then it’ll be the scandals and infamy of the “Black Sox” scandal all over again, just with some other sports franchise. Jon Trusz is a Junior at the University of Connecticut studying Political Science and Communications, and can be reached on LinkedIn under his name, or by email at [email protected].

Now that the Super Bowl is over and the Rams have their first championship in Los Angeles under their belt, the NFL offseason has officially begun. It was in mid-March of last year when the Houston Texans’ offseason took a serious turn as their star quarterback, Deshaun Watson, became the Defendant in 22 civil lawsuits as well as the subject of both Houston Police Department and NFL investigations. As a result, Watson did not see the field at all in the 2021-2022 season. Meanwhile, Texans head coach Lovie Smith is hoping to trade Watson ahead of the new league year starting on March 16. Smith recently spoke to Albert Breer of SI.com and indicated he wants a resolution to Watson’s status: “As soon as possible. I’m not running away from the question, but as soon as possible,” Smith said. “There are things that need to be taken care of before the football part comes into play. We’re patient, we’ve waited an entire year and I just feel like this offseason, it’ll come to an end and we’ll get it solved and it’ll be good for both parties, whatever that might be. There’s no other answer to give right now except for that one, and we’re going to try to get it resolved as soon as we possibly can. But we don’t play tomorrow. We have a little bit of time, and we’ll get it done.” It is apparent that where Watson’s football career is headed largely depends on the current legal proceedings in which Watson is accused of sexual assault and sexual misconduct. But contrary to Smith’s [and Watson’s] wishes, the legal process may not be over as soon as they would like. Unbeknownst to many, there are signs that the Watson case has taken a new turn as of late. On February 3, 2022, one plaintiff—a professional masseuse who lives in Houston—filed her Second Amended Complaint to include an additional allegation. Specifically, this plaintiff amended her complaint to include an allegation that goes beyond Watson just asking for an inappropriate massage. A copy of the complaint with the new allegations highlighted is below. Filing an amended complaint with new allegations is not something a Plaintiff would do if they were about to settle a case. An Answer has not yet been filed. Interestingly, this plaintiff was one of the few who was not highlighted in Watson’s Original Answer filed in April 2021. While Watson generally denied all of the allegations set forth in each of the separate lawsuits, Watson’s Answer also included a section titled “Problems with Plaintiffs’ Allegations” to support his belief that the plaintiffs’ claims were not true or accurate. This section directly named 16 of the 22 women in relation to the following assertions: A. After the massage therapy sessions with Mr. Watson, Plaintiffs bragged about, praised, and were excited to massage Mr. Watson. B. Plaintiffs willingly worked, or offered to work, with Mr. Watson after the alleged incidents. C. Plaintiffs lied about the number of sessions they actually had with Mr. Watson. D. Plaintiffs lied about their alleged trauma and resulting harm. E. Plaintiffs told others they wanted to get money out of Mr. Watson. F. Plaintiffs have scrubbed, or entirely deleted, their social media accounts and the relevant evidence they contained. This new development comes ahead of Deshaun Watson’s deposition, which is scheduled to take place on February 22, 2022. As a reminder, a deposition is used to gather information and facts by way of a witness’s sworn out-of-court testimony. While Watson’s attorneys may object to questions throughout the deposition, very few objections actually stop the question from going forward. Unless Watson "pleads the Fifth" (which would be quite suspicious), he will be forced to answer questions under oath, including any related to the new allegations detailed above. While the Texans would prefer to trade Watson sometime soon, I'd suggest all NFL teams hold off on those discussions for now. Stephanie Weissenburger is an Associate Attorney at Geragos & Geragos. Stephanie is the Website Manager for Conduct Detrimental and co-host of "Miss Conduct" (@sportslaw on TikTok). You can find her on Twitter @SWeissenburger_ and Instagram @Steph_ExplainsItAll

It has been almost one year since the NCAA was put in the spotlight for equity disparities in their men’s and women’s basketball championship tournament. Just about one year ago, Oregon standout, Sedona Prince, put the NCAA in the spotlight via TikTok videos, exposing the inequities of the female athlete’s weight room, their NCAA Tournament gear, and their meals. With the NCAA facing this inequity crisis, a common question came to mind: How can the NCAA avoid Title IX requirements? The answer is an often-forgotten 1999 Supreme Court ruling. NCAA v. Smith was brought to court by a female intercollegiate volleyball athlete. Smith played two seasons at St. Bonaventure University, and after graduation, she sought to complete her athletic eligibility at a school she could begin a postgraduate program. The Postbaccalaureate Bylaw allows postgraduate student-athletes to participate in intercollegiate athletics only at the institution where they received their undergraduate degree. Smith petitioned the NCAA to waive these restrictions, as was often done. Smith was denied multiple times. Smith then sued the NCAA for violating Title IX, claiming the NCAA discriminated on the basis of sex by granting more waivers from eligibility restrictions to male athletes than female athletes. The question before the court became: Is the NCAA, a private organization that does not receive federal financial assistance, subject to Title IX? The answer, sadly, was no. Basically, the court said that even though the NCAA profits from federally funded colleges that are subject to Title IX regulations, the NCAA themselves are not subject to Title IX regulations. NCAA v. Smith, 525 U.S. 459, 119 S. Ct. 924 (1999) Even though there is no Title IX protection over the NCAA’s actions, there has been social pushback for the NCAA to address its equity issues. As a result, last spring, the NCAA retained the law firm of Kaplan Hecker & Fink LLP (“KHF”) to conduct a comprehensive review of gender equity issues in the NCAA. You can read KHF’s executive summary report here. Some of the headlines from the report include: “The NCAA’s organizational structure and culture prioritizes men’s basketball, contributing to gender inequity.” “The structure of the NCAA’s media agreements perpetuates gender inequity.” As we gear up for another year of March Madness, the questions will be: Did the NCAA learn from last year? Will they step up and provide the true NCAA Championship experience female athletes deserve? I am unhopeful, but to give credit where credit is due, the NCAA has already agreed to include the use of the “March Madness” slogan for the NCAA women’s basketball tournament. That’s right, 2022 will be the first year the NCAA women’s basketball tournament will be allowed to use the branding “March Madness,” a brand the NCAA has only been using for men’s basketball since 1939. I suppose the slow burn of change is better than no change. Rachel Emendorfer is a 1L at the University of Minnesota Law School. Prior to law school, she attended the University of Wisconsin-Platteville, where she captained the Pioneer women’s basketball team. She can be found on twitter (@_rachel_15) and on LinkedIn under her name.

Matt Harvey History Matt Harvey was once a superstar in the making, donning the famous nickname “Dark Knight” and leading the Mets as one of the best pitchers in baseball. However, the fan-favorite quickly became the target of fan hatred after rumors about his night life and his poor performance forced his relationship with fans to quickly sour. After his rollercoaster career with the New York Mets, he bounced around the league between the Cincinnati Reds, Los Angeles Angels, Kansas City Royals, and Baltimore Orioles. His testimony is mostly focused on his time with the Angels, although his testimony reveals much more about his own experiences with the Mets and the culture around Major League Baseball. Overview: As you might recall, former Los Angeles Angels pitcher Tyler Skaggs tragically passed away by choking on his own vomit as a result of the fatal mixture of oxycodone, fentanyl, and alcohol that was found in his system. Eric Kay, the former communications director of the Los Angeles Angels, is accused of supplying Skaggs with the oxycodone pills that contributed to his death. On Tuesday, Matt Harvey and 3 other MLB players were called to testify, and they testified that they also received oxycodone from Eric Kay. However, although Matt Harvey’s testimony provides clarity to crucial facts in the case of Eric Kay, it also provided a clearer view about life behind baseball’s closed doors. Matt Harvey’s Testimony about Eric Kay/Tyler Skaggs T.J Quinn, a reporter for ESPN, kept the public informed with constant updates during Matt Harvey’s testimony on Tuesday. Quinn reports that Harvey and Skaggs discussed Oxycodone during Spring Training in 2019, and Harvey also admitted to first trying Oxycodone in the 2019 MLB season, after receiving them from Tyler Skaggs. He also admitted that he himself was a partier and used cocaine. Harvey also testifies that he himself gave Skaggs six or seven Percocet in the clubhouse when they were teammates on the Los Angeles Angels. Harvey states that Skaggs had a Santa Monica source for pills, and while Eric Kay was in rehab in 2019, Harvey got pills for Skaggs at his request from his “hockey player” source. Finally, Harvey does state that although Skaggs had another source, he did not get pills from his other source often. When asked how many pills he had actually seen Kay give Skaggs, he responded “Maybe once, if any”. This testimony, along with the testimony of the other players, will certainly have weight on the outcome of this trial. Matt Harvey’s Testimony About MLB Culture Matt Harvey also helped shed light on a huge issue facing Major League Baseball. Harvey testified that the use of Oxycodone and Tylenol was common. In addition, he explained that players in the MLB will do anything to stay on the field. He felt he was being a good teammate by providing Skaggs with what he needed to “get through what he needed to get through.” This testimony provides those who are following the case with a behind the scenes look at what goes on in an MLB clubhouse. With the frequency of injuries and surgeries in the MLB, there is potential for this to be a serious issue around the league. We would be naive to think that this is the only time this has occurred in the MLB, and it leaves one to wonder, what other players and teams are affected by this crippling issue? Keeping a roster spot in the MLB is hard enough, and it is clear through the testimony of Matt Harvey and the other major leaguers that players will do anything to stay on one. Hopefully, teams will use this tragic experience as a wake-up call to monitor what is going on in their respective clubhouses. SOURCES 1. SB Nation 2. LA Times 3. MLB 4. TJ Quinn, ESPN

The NFL should investigate Stan Kroenke’s ownership of the Los Angeles Rams from 2010 to 2015 while they were still in St. Louis. He used his right of first refusal to buy the Rams outright from the late owner’s, Georgia Frontierre, kids. The right of first refusal allows the minority stakeholder to purchase the part of the business they do not already own after another potential buyer submits a bid for the business. Here, Stan Kroenke waited to exercise this right to buy the remaining sixty percent after Shad Khan submitted a bid for the Rams in 2010. Khan got his wish later after he bought the Jacksonville Jaguars and became their owner. In the six years the Rams were in St. Louis under Stan Kroenke, their records were 7-9, 2-14, 7-8-1, 6-10, and 7-9 respectively. This leads to a 29-50-1 record in St. Louis. They failed to make the playoffs under Kroenke’s ownership. In Los Angeles, omitting the first season where the Rams fired Jeff Fisher and finished 4-12, the Rams have a 55-26 record in the regular season. In the postseason, the Rams have appeared in two Super Bowls, winning Super Bowl LVI and losing Super Bowl LIII, and have a 7-3 record in the postseason. This rapid turnaround has led to speculation, and the thought that the Rams lost on purpose from 2010-2015 has gained traction, according to Peter King of Pro Football Focus and Randy Karraker of 101ESPN. Stan Kroenke allowed for draft picks to be used for busts, such as left tackle Greg Robinson who dealt with injuries and legal issues, and injury-proned quarterback Sam Bradford. They signed washed-up free agents, such as Cadillac Williams, Danario Alexander, Jake Long, and among others. Meanwhile in Los Angeles, the Rams may not have draft picks, but they acquired free agents, such as Odell Beckham Jr., Von Miller, and they traded for Matthew Stafford, Jalen Ramsey, among other stars. They home grew wide receiver Cooper Kupp, and surrounded the players with a great and innovative offensive-minded coach in Sean McVay, the youngest Super Bowl winning coach at 36. In St. Louis, the major shakeup was hiring Jeff Fisher as their head coach in 2012. Fisher has appeared on several shows and told them he knew the Rams’ desire was to relocate to Los Angeles, and that was the main reason why he was hired. He helped relocate the Houston Oilers to Nashville, where they were rebranded as the Tennessee Titans. Ironically, Fisher’s Titans lost to recently inducted Hall of Fame coach Dick Vermeil’s St. Louis Rams in Super Bowl XXXIV. Stan Kroenke and Kevin Demoff, Kroenke’s right-hand man and the Rams’ Chief Operating Officer, assured St. Louisans in interviews from 2010-2015 that Stan had every intention to keep the Rams in St. Louis. Kroenke went on record, saying he’s a Missourian and he realizes how important this team is to St. Louis. When news leaked in 2014 that Kroenke bought the land that became SOFI Stadium, Demoff went through interviews saying the land was not big enough for a football stadium. However, Kroenke did everything possible to make sure the Rams lost to speed up the relocation to Los Angeles. The other argument is that St. Louis would not pay for the $700 million in upgrades the arbitrator found in Kroenke’s favor for the Dome at America’s Center, and he had the option to leave after finding the Dome was not in the top-tier of NFL stadiums due to the top-tier clause in their lease with the St. Louis Regional Stadium Authority. Kroenke made sure fans would not show up to the games by isolating himself, and making sure the Rams were “competitive” to hide the fact he packed his bags for Los Angeles. An example is the plaintiff’s argument in the recently settled lawsuit between the Regional Stadium Authority, St. Louis, and the Convention and Visitors Commission against the Rams and the NFL and its thirty-two clubs. In 2014, after realizing Sam Bradford tore his ACL in a preseason game, Kevin Demoff flew out to the Hollywood Park site in Inglewood, California to see the land Stan Kroenke purchased for his SOFI Stadium project. Kevin Demoff was impressed, and they were determined to leave St. Louis as soon as the year to year option on the lease became available. Another example is Kevin Demoff’s quote after the Rams went on a losing streak to remove themselves from the playoff hunt in 2015. Rams Fans United reported that when Kevin Demoff was asked about the relocation process and filing for it; he responded with this quote: “… thankfully or not thankfully we went on a four game losing streak in November . . . .” He is happy about a four game losing streak so they have more proof to show St. Louis is not a viable market for a football team, and to get a jump on how they are going to plan their meeting to the league’s Los Angeles Committee on why the Rams should be allowed to relocate to Los Angeles. The salt in the wound, as reported by Randy Karraker, was the Adios Mother F*s email to St. Louis fans, season ticket holders & business partners that was written in the fall of 2015. They “professed” sorrow about leaving, when in fact it was written with hate and disdain. The relocation application ripped St. Louis to the league/owners. Karraker reported that the franchise was trying to lose from 2010-2015. For 10 straight years, the Rams had been under .500, first in St. Louis and then in Los Angeles. Kroenke registered the Rams as a California company the same day he was approved as their owner in August of 2010. It was obvious what he was trying to do, but he did a great job of hiding it, there is speculation whether he paid Fisher to lose games, like the way Dolphins owner Stephen Ross paid Brian Flores $100,000 for every loss in 2019 to have a better draft selection in 2020. The only difference is Kroenke did not get caught due to the NFL wanting to soak up the revenue from Los Angeles, and Kroenke privately funded SOFI Stadium, which cost $5 billion. St. Louis, when they settled with the NFL, received $790 million in a settlement, and roughly $530 million after attorney fees. This rapid turnaround and the cherry on top, the Super Bowl title, leads to belief Stan Kroenke lost on purpose in St. Louis so the Rams could move to Los Angeles quicker. Alex Patterson is a 3L at Thomas M. Cooley Law School in Lansing, Michigan. He played football for seventeen years as an offensive and defensive lineman. He graduated from Lindenwood University-Belleville in 2018 with a Bachelor's in Sports Management. He can be followed on Twitter @alpatt71.

In July 2021, the US Supreme Court unanimously held that student athletes can profit off the use of their name, image, and likeness (NIL). While this means that college athletes may receive payments and benefits associated with their status as an athlete, they may not receive these benefits or payments because of any athletic activity or ability. Said otherwise, the student athlete can enjoy monetary payments, apparel, meals, cars, and other things that were provided by a business, but it cannot be a payment for any athletic activity, and instead for promoting that business. This is something that can be enjoyed by student athletes all across the nation. For example, one region that could benefit greatly, both from the perspective of business/the economy as well as the student athlete, is Pittsburgh, PA. In light of ACC powerhouse Pitt football and the attention that it is bringing to the area, more companies in the region should look to take advantage of entering into a partnership with athletes at nearby colleges and universities. Local athletes also would like to take advantage of these new opportunities, looking to help local restaurants grow in a new and “fun” way. While NIL legislation was made with Division I athletes in mind, athletes in the other NCAA divisions are also able to enter into deals without risking their eligibility. Accordingly, athletes at Division II and Division III can also enter into deals with businesses. A former field hockey player at Washington & Jefferson College, stated, “I would have loved to be able to represent a local company when I played Field Hockey at Washington & Jefferson College! It would’ve been a great opportunity to connect the college to the town surrounding us and be able to play for them, while also having the support of not only a business but the locals.” Local business owners share the sentiment and are hopeful to work with student athletes over the course of their careers, as one of the founders of local real estate company Black Oak LLC, noted, “it’s a work in progress right now, but once we figure out the perfect method of an effective deal, I would absolutely welcome the opportunity to work with athletes even at smaller schools.” As states across the country are enacting NIL laws, Pennsylvania joined the trend early on. Under Pennsylvania law, NIL compensation must be for equal market value. Additionally, student-athletes cannot receive payment for playing a sport, and any person who produces a college team jersey, a college video game, or college trading cards for profit must make a royalty payment to each athlete whose NIL is used. Under this law, student-athletes in the state can also obtain professional representation from agents, financial advisors, and/or legal representatives in relation to NIL matters. Also worth noting is that earning compensation from their NIL may not affect their scholarship eligibility, which was in line with the Alston ruling. The athletes cannot use trademarks, service marks, or logos from colleges while profiting from their NIL, and schools can prohibit a student-athlete’s compensation from activities that they deem to conflict with “existing institutional sponsorship arrangements” or “institutional values.” Under this law, college athletes attending institutions in Pennsylvania expressly cannot profit from their NIL through partnerships in industries such as adult entertainment, products, and services, alcohol products, casinos, and gambling (including sports betting, the lottery, and betting in connection with video games and online games, tobacco and electronic smoking products, prescription pharmaceuticals, and controlled dangerous substances.” NIL deals can run the range from cash payments to free merchandise for representing and promoting a business. Worth noting, there are a couple of reported NIL deals between local businesses and Pittsburgh area college athletes. A handful of Pittsburgh area companies that are in reported NIL deals include The Oaklander Hotel and accompanying restaurant, Spirits and Tales, Next Move, and Bowser Automotive, all with Kenny Pickett, and Tickets for Kids with Jordan Addison. By partnering with student athletes, especially those that play a popular sport or are in a big college sports town, the business can grow its audience reach, which in turn attracts more patrons but at a much lower cost than an all-out advertising campaign. Essentially, looking at it from the business perspective, these athletes *are* the marketing campaign. Looking at The Oaklander Hotel, for example, Kenny Pickett gets free weekly meals for him and his lineman every week, and all he must do is post about it and shout them out on his social media, aside from the cost of the food or lost profits, depending on whether one thinks advertising is worth it, this is not that steep a price. Businesses could make similar deals with athletes at smaller schools. Accordingly, a few other local area colleges and universities whose athletes could advertise for local businesses include: Washington & Jefferson College California University of Pennsylvania Edinboro University Carnegie Mellon University Seton Hill University Even if companies are worried about the size of the school, that may be relevant if the business was trying to garner national attention. On a statewide and local community scale, the size of the school does not carry as much importance. Additionally, when these schools have a great athletic performance, people will travel to watch the next season, and by having the athletes advertising these companies, even people who are not from the area may come and support the business while they are in town. Lastly, given the relatively low cost of these deals and the ease of entering into such a deal, for a business, the downside (spending money) is heavily outweighed by the potential of bringing in new customers and accordingly new revenue. Stephon Burton is a 3L at Duquesne University School of Law in Pittsburgh, PA. He obtained his undergraduate degree from Washington & Jefferson College in 2019. He can be contacted via email at [email protected], on twitter @stephonburton3 and LinkedIn https://www.linkedin.com/in/stephon-burton-7abb06125/