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Sports & Betting
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February 20, 2024
Nebraska Allowed Coach's Grooming, Ex-Player Says
A former University of Nebraska basketball player has accused the school of failing to properly oversee an assistant coach who pressured her into having sex, saying an official later blamed her for the inappropriate relationship.
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February 20, 2024
Casinos Say 'Unique' Policy Should Cover $130M COVID Loss
A casino operator with properties on the Las Vegas Strip and beyond told a Nevada federal court that its "unique" all-risk insurance is the broadest available coverage and should pay for $130 million in business interruption losses caused by the COVID-19 pandemic.
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February 20, 2024
DraftKings Pushes To Keep Strict Limits On Former Exec
Sports betting company DraftKings Inc. on Tuesday urged a Massachusetts federal court to maintain tight restrictions on a previous executive who is now working for Fanatics, bashing the man's attempts at loosening the court's order as "procedural sophistry" that will threaten its business.
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February 20, 2024
NFL Seeks Exit To Fan's Suit Over Philly QB's Touchdown Ball
A lifelong Philadelphia Eagles football fan who says police and security officers battered him after quarterback Jalen Hurts handed him a ball that was used to score a record-breaking touchdown against the New York Giants erred in including the National Football League in his lawsuit, the league argued in a bid to toss the suit.
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February 20, 2024
Peloton Win Brings 'Bike+' TM Suit To A Screeching Halt
A California federal magistrate judge has tossed a trademark suit against Peloton over its "Bike+" brand, saying in her summary judgment decision that there is "no likelihood of confusion" between the interactive fitness equipment giant's product and a mobile app developed by a professional cyclist's fitness-tech company.
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February 20, 2024
Tennis Organization Found Negligent In Pro's Sexual Assault
A Florida federal judge has sided with tennis pro Kylie McKenzie, finding that the U.S. Tennis Association did not do enough to monitor her coach Anibal Aranda, who sexually assaulted her.
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February 20, 2024
Sports and Betting Group Of The Year: Covington
With accomplishments such as advising the new Phoenix Suns owner in the $4 billion acquisition of the team and leading a joint investigation finding abuse, harassment and bullying of players in the National Women's Soccer League, attorneys with Covington & Burling LLP earned themselves a place among Law360's 2023 Sports and Betting Groups of the Year.
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February 20, 2024
High Court Denies Review Of Wrestler Attorney Sanctions
The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.
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February 16, 2024
DOI Announces Final Rule On Class III Indian Gaming
The U.S. Department of the Interior on Friday announced its final rule on changes to Class III Indian gaming compacts, updating the federal regulation to provide better guidance and transparency for tribes and states to negotiate those agreements under the Indian Gaming and Regulatory Act.
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February 16, 2024
Swimmers Tell 9th Circ. New League Was Boycotted
The International Swimming League and swimmers urged the Ninth Circuit on Friday to revive their certified class antitrust claims against the sport's international governing body over its alleged 2018 "boycott" of an ISL event, arguing the lower court erred in finding the organization's actions didn't constitute a boycott.
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February 16, 2024
VanEck Pays SEC $1.75M Over Influencer Role In ETF Launch
Financial product issuer VanEck agreed to pay the U.S. Securities and Exchange Commission a $1.75 million penalty over allegations it failed to disclose how it paid influencer Dave Portnoy to boost the launch of its social media-tied fund to the product's board.
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February 16, 2024
Off The Bench: NHL Antitrust, Daily Fantasy Dread, ESPN Bet
In this week's Off the Bench, the NHL faces allegations of a vast, exploitative antitrust scheme, daily fantasy operators continue facing heat from state regulators, and New York gets a new sports betting player as ESPN Bet hits the Empire State.
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February 16, 2024
Judge Says Athletes' Social Media Held 'Hostage' In NCAA Suit
Former University of San Francisco baseball players cannot hold their social media messages "hostage" in a lawsuit that accuses the NCAA of enabling the sexual harassment they allegedly endured at the hands of two coaches, an Indiana magistrate judge ruled Thursday.
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February 16, 2024
Insurer Seeks To Cancel $15M Policy Over 'Human Life Wager'
A life insurance company has urged a New Jersey federal court to void a $15 million policy it calls an illegal "human life wager" on a man whose death benefits a bank, rather than his own family.
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February 16, 2024
NCAA, Hoopster Settle Dispute Over Betting Suspension
The NCAA has settled a lawsuit brought by a Rutgers University basketball player who sued the organization earlier this month over claims it was trying to make him live out a punishment for sports betting violations that he had already served while a student-athlete at Iowa State University.
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February 16, 2024
Ex-NBA Agent Avoids Prison For Forging Player's Signature
A Manhattan federal judge on Friday allowed a former basketball agent from Texas to avoid prison after he admitted forging an unnamed NBA player's signature in a fraudulent scheme to obtain a $1 million loan from the player.
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February 16, 2024
Gibson Dunn, DLA Piper Steer $1.45B Sale Of All3Media
RedBird IMI, advised by Gibson Dunn & Crutcher LLP, on Friday revealed that it has agreed to buy independent television production and distribution company All3Media from its joint owners, DLA Piper-led Warner Bros. Discovery Inc. and Liberty Global Ltd., in a £1.15 billion ($1.45 billion) deal that will allow the independent production company to continue developing and producing programming.
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February 15, 2024
Anti-Doping Agency Sends Nigeria, Venezuela To Arbitration
The World Anti-Doping Agency has asked the Court of Arbitration for Sport to arbitrate accusations that Nigeria and Venezuela's anti-doping agencies are not complying with the agency's rules, saying the two nations have lost their privileges in global sporting events for the time being.
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February 15, 2024
Fla. Watchdog Warns Fantasy Sports Outfits To Scram
The Florida Gaming Control Commission warned three online fantasy sports operators they will be facing potential criminal prosecution if they do not cease operating in the state soon, and at least one said on Thursday that it plans to shut down in the state by the end of the month.
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February 15, 2024
Club, Insurer Resolve Fiduciary Breach Coverage Row
A country club owner, various club board members and Selective Insurance Co. agreed to dismiss their dispute Thursday in Massachusetts federal court over coverage for breach of contract and fiduciary duty claims that club investors lodged in arbitration, resolving the coverage case after reaching a settlement in January.
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February 15, 2024
DraftKings Paying $750M For Lottery App Jackpocket
Digital sports and gambling company DraftKings Inc. said Thursday it has agreed to acquire U.S. lottery app Jackpocket for approximately $750 million, with Sullivan & Cromwell LLP and Cooley LLP representing the parties on the cash-and-stock deal.
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February 15, 2024
Trian Decries Disney's 'Spaghetti-Against-The-Wall' Strategy
Walt Disney Co. shareholder and activist investor The Trian Group is taking a public swipe at the company's performance, criticizing its "fairy tale" and "spaghetti-against-the-wall" strategy to improve profits.
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February 15, 2024
Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails
A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.
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February 15, 2024
Tax On Tribune's Cubs Sale Troubling, 7th Circ. Judge Says
A Seventh Circuit judge said Thursday he was troubled by an IRS push to tax Tribune Media Co. on some gains from its sale of the Chicago Cubs that stemmed from a $425 million debt transaction, saying the agency seemed to ignore the relevant legal test.
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February 15, 2024
'Jock Tax' Is Constitutional, Pittsburgh Tells Pa. Justices
The Pennsylvania Commonwealth Court erred by ruling Pittsburgh's fee on nonresident professional athletes violates the state constitution's uniformity clause, the city told the Pennsylvania Supreme Court.
Expert Analysis
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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The Far-Reaching Impacts Of 'NFTs Can Be A Security' Ruling
A New York federal judge's recent first-of-its-kind finding in Friel v. Dapper Labs that non-fungible tokens can be securities will likely be used by other plaintiffs — and perhaps the U.S. Securities and Exchange Commission — as a key part of their respective playbooks in pending and future securities matters involving digital assets, say attorneys at Holland & Knight.
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Fla. NIL Law May Cue State Publicity Right Deregulation Trend
A new Florida name, image and likeness law that significantly reduces prohibitions on colleges, athletic departments and coaches from participating in endorsement deals is a sign of a possible trend of state deregulation of student-athletes' publicity rights — and an attractive development for businesses, says Drew Dorner at Duane Morris.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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A TM Lesson From Damar Hamlin's 'Did We Win?' Shirts
Buffalo Bills safety Damar Hamlin's recent application for the "Did We Win?" trademark — just days after suffering a cardiac arrest, and two days before selling T-shirts with the phrase — is a reminder for attorneys that registering a trademark does not create it, but using it in commerce does, says Jeremiah Foley at Harness IP.
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Why Celebrities Are Ensnared In SEC Crypto-Touting Actions
Given the U.S. Securities and Exchange Commission's increasingly broad view of which crypto-assets constitute securities and its willingness to go after celebrities, including most recently former NBA star Paul Pierce, for violating anti-touting laws, promoters need to pay close attention to their disclosure obligations, say Kurt Gottschall and Payton Roberts at Haynes Boone.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.
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Adidas Stripe TM Trial Loss Hinged On Price Points
A Manhattan federal jury's recent clearance of Thom Browne's liability in a trademark infringement case brought by Adidas over its three-stripe design highlights well-settled trademark law — different price points and channels of trade can distinguish what would otherwise be considered confusingly similar marks, says Paula Hopkins at Venable.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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Best Practices For Celeb Alcohol Ventures In Growing Market
Recent data shows that celebrity-owned brands are key drivers for alcohol e-commerce — which is predicted to grow by over 30% in the next five years — so attorneys advising famous clients should review the complex regulatory system for alcoholic beverages in the U.S. before taking up such a venture, say Rachel Lawson and Jacob White at Dickinson Wright.
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3 Job Satisfaction Questions For Partners Considering Moves
The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.
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4 Exercises To Quickly Build Trust On Legal Teams
High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.
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New Rulings Show Job Duties Crucial To Equal Pay Act Claims
Two recent decisions from the Fourth and Tenth Circuits emphasize that it is an employee's actual responsibilities, and not just their job title, that are critical to a pay discrimination claim under the Equal Pay Act and can offer some lessons for employers in avoiding and defending these claims, say Fiona Ong and Lindsey White at Shawe Rosenthal.
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8 Steps To Improve The Perception Of In-House Legal Counsel
With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
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'OK Go!' Suit Highlights TM Protection For Common Words
A recent trademark suit filed by Post Foods against the band OK Go over the cereal maker's use of "OK Go!" provides the latest opportunity to look at the issue of trademarking common words, and illustrates why companies have to be careful when picking names, says William Honaker at Dickinson Wright.