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Kamis, 18 Oktober 2012

O'Bannon v. NCAA: Where things stand

I have an article in the October 15th issue of Sports Illustrated that provides a legal analysis of recent developments in the Ed O'Bannon v. NCAA & Electronic Arts class action. 

Here's an excerpt:

* * *

Second, potentially damaging e-mails involving two other defendants—Collegiate Licensing Company (the NCAA's licensing partner) and Electronic Arts—have emerged. These e-mails portray CLC officials as worried about the legal impact of Electronic Arts's developing video-game characters using real college players' names and then removing those names before retail.

 * * *

Hope you can check it out on page 19 or through this SI Vault link.

Yale Law School Alumni Weekend: Panels on Sports and Entertainment law

I'm thrilled to be part of this weekend's Yale Law School Alumni Weekend, which is centered on sports and entertainment law this year.  If you're in the New Haven area, you might consider registering for it and seeing what should be excellent panels and other events.


Saturday, October 20

9:30 – 10:45 AM
Panel Discussions (two concurrent sessions)

PANEL I. Streaming and Beaming:  Entertainment Where and When You Want It
Moderator:  
Bryan Choi, Thomson Reuters Fellow, and Director of the Law and Media Program, Information Society Project, Yale Law School
Panelists: 
Emily Bazelon '00, Journalist, Slate, and Senior Research Scholar, and Capote Fellow, Yale Law School
Richard Cotton '69, Executive Vice President and General Counsel, NBC Universal
Alfred C. Perry '87, Vice President, Worldwide Content Protection & Outreach, Paramount Pictures Corporation
Kenneth P. Stern '88, Co-founder and President, Palisades Media Ventures, and former CEO, National Public Radio
PANEL II. Many Voices, Many Eyes: The Promises and Pitfalls of Social Networks
Moderator: 
Margot E. Kaminski '10, Research Scholar in Law, Executive Director of the Information Society Project, and Lecturer in Law, Yale Law School
Panelists:
Lori B. Andrews '78, Distinguished Professor of Law and Director of the Institute for Science, Law and Technology, Illinois Institute of Technology, Chicago-Kent College of Law
James Grimmelmann '05, Professor of Law, New York Law School
Beth Simone Noveck '97, Visiting Professor, NYU Robert F. Wagner Graduate School of Public Service and MIT Media Lab, and Professor of Law, New York Law School
Madhavi Sunder, Professor of Law, University of California, Davis
11:15 AM – 12:30 PM
Panel Discussions (two concurrent sessions)

PANEL III.  Yours, Mine and Ours: Ownership of Cultural Capital
Moderator:
Susan M. Scafidi '93, Professor & President, Fashion Law Institute, Fordham Law
Panelists: 
Barton Beebe '00, Professor of Law, New York University School of Law
David Boies II '66, Chairman, Boies, Schiller & Flexner LLP
Kristelia A. Garcia '03, Frank H. Marks Intellectual Property Fellow & Visiting Associate Professor, The George Washington University Law School, Washington, DC
Marc Porter '87, Chairman, Christie’s Americas and International Head, Christie’s Private Sales
PANEL IV.  In the Legal Zone: Hot Topics in Sports Law
Moderator:
Michael McCann, Director, Sports Law Institute, and Professor of Law, Vermont Law School
Panelists:
Eleanor (Nell) DeVane '93,  Vice President and Associate General Counsel, ESPN
Jimmy Golen '99 M.S.L., Sports Writer, The Associated Press
Craig A. Masback '92, Senior Sports Marketing Director, Greater China, Japan & Global Business Affairs, Nike; and former CEO, USA Track & Field (1997-2008)
Charles S. Mechem, Jr. '55, Commissioner Emeritus, Ladies Professional Golf Association; and Chairman and CEO, Taft Broadcasting Company
12:45 PM

All Alumni Luncheon
University Commons (Enter either on the corner of College and Grove Streets or from
Beinecke Plaza off Wall Street)

Opening Remarks:
John R. Firestone '85, President, Yale Law School Association Executive Committee, and Partner, Pavia & Harcourt LLP
Robert C. Post '77, Dean and Sol & Lillian Goldman Professor of Law, Yale Law School

Presentation of the Yale Law School Association Award of Merit to:
David Boies II '66, Chairman, Boies, Schiller & Flexner LLP
Presented by: Dean Robert C. Post '77

Remembrances:
The Honorable Louis H. Pollak '48 (1922-2012), Judge, U.S. District Court for the Eastern District of Pennsylvania (1978-2012); and dean, Yale Law School (1965-70) and University of Pennsylvania Law School (1975-78).  
Nicholas deB. Katzenbach '47 (1922-2012), Associate Professor, Yale Law School (1952-56); U.S. Attorney General (1965-66), and Senior Vice President and General Counsel, IBM (1968-86).
80th Birthday Celebration:
The Honorable Guido Calabresi '58, Judge, U.S. Court of Appeals for the Second Circuit, and Sterling Professor Emeritus of Law and Professorial Lecturer in Law and dean (1985-94), Yale Law School

Check It Out

Absolutely amazing what shows up on YouTube. Here's a vintage news clip headlined Gridiron Warriors Limber Up For 1935 Season that begins with Dartmouth players running against a background of Alumni Gym. A little later there are scenes from a Columbia practice:




Dartmouth's game notes for Columbia have been posted here.

Columbia's game notes have been posted here.


Oops. Oops. From the

New York Law School Sports Law Symposium Friday Nov 2

I'm excited to be part of this year's New York Law School sports law symposium, which will be held on Friday November 2.  Great work by Brett Hirsch and others in putting it together.  They have followed in the excellent planning of sports law symposiums at NYLS previously shown by Elliot Solop, Alycia Powell and others.

Here are the details of this year's event (and if you are interested in attending, click here):


The New York Law School Sports Law Society and the Institute for Information Law and Policy

Presents:

The Fourth Annual Sports Law Symposium
Friday, November 2, 2012
185 West Broadway
W201 (Events Center)

Fee:        $45 for attorneys (includes CLE’s)
            $45 for attorneys and professionals not seeking CLE credits (No CLE credit)
$15 for outside students
Free for current NYLS students (with a valid school ID)

This CLE program has been approved for a maximum of four hours of CLE credit for both transitional and non-transitional attorneys. New York Law School offers tuition assistance for attorneys who may have difficulty attending CLE events due to cost considerations. Please visit:  http://www.nyls.edu/academics/cle/tuition_assistance to see if you qualify.  

Tentative SCHEDULE                                                                                                                                                               

11:30 a.m. - 11:45 a.m. 
Opening Remarks

11:45 a.m. - 12:30 p.m 
Keynote Interview with Mike Zarren  

12:45 p.m. - 1:45 p.m. 
Overview of Current Legal Developments in the Sports Industry  (1 CLE Credit - Professional Practice) 

2:00 p.m. - 3:00 p.m. 
Breakout Sessions
  • Intellectual Property Issues in Sports (W420)  (1 CLE Credit - Professional Practice)
  • Negotiating Rights Acquisitions (W320)  (1 CLE Credit - Professional Practice) 
  • Bankruptcy Issues in Sports (W220)  (1 CLE Credit - Professional Practice) 
3:10 p.m. - 4:10 p.m.
Analysis and Impact of the Concussion Litigation (1 CLE Credit - Professional Practice) 

4:20 p.m. - 5:20 p.m.
Sports Labor Negotiations (1 CLE Credit - Professional Practice) 

5:30 p.m. - 6:20 p.m. 
Breaking Into the Sports Industry 

6:30 p.m. - 8:00 p.m. 
Networking Reception 

 PANELISTS *                                                                                                                                                                              
Jodi Balsam, Associate Professor at NYLS; Former Counsel for Operations and Litigation at the NFL
Robert Boland, Professor of Sports Management & Sports Business at New York University 
Marc Edelman, Associate Professor of Law at Barry University: Dwayne O. Andreas School of Law 
Robert Erb '91, CEO at Schutt Sports; Adjunct Professor at New York Law School  
Frank Golding, YouTube Director, Head of Sports for North America at Google 
Russ Granik, Vice Chairman at Galatioto Sports Partners; Former Deputy Commissioner and COO at  the NBA 
Frank Hawkins, Partner at Scalar Media Partners; Former SVP Business Affairs at the NFL 
Darren Heitner, Founder of the Sports Agent Blog; Attorney at Wolf Law; Contributor at Forbes Magazine
Ronald Katz, Partner and Chair of the Sports Law Group at Manatt
Jeannine Kenney, Associate Counsel at Hausfeld LLC; Plantiff's Liason Counsel for NFL concussion litigation 
J. Carlos Kuri, Vice President and General Counsel at New York Red Bulls  
David Mayer, Principal Counsel at ESPN, Inc.
Michael McCann, Legal Analysts at SI & NBA TV; Professor & Director of Sports Law Institute at Vermont Law School;  
Lauren Dienes-Middlen, VP, Intellectual Property at World Wrestling Entertainment, Inc. 
Joe Nahra, Business & Legal Affair Executive at CAA Sports
Matthew Parlow, Associate Dean for Academic Affairs and Associate Professor of Law at Marquette University 
Irwin Raij, Partner and co-chair of the Sports Industry Team at Foley & Lardner LLP
Robert Raiola, CPA; Sports & Entertainment Group Manager at Fazio, Mannuzza, Roche, Tankel, LaPilusa, LLC
Frank Saviano, Associate at Proskauer 
Alan Schwarz, Reporter at New York Times
David Soskin '08, Counsel at ESPN, Inc.; Adjunct Professor at New York Law School  
Meredith Wolff, Associate Staff Attorney at NHL Enterprises, L.P.
Mike Zarren, Assistant General Manager and Team Counsel at Boston Celtics 
Warren Zola, Chair, Professional Sports Counseling Panel, & Asst. Dean, Grad. Management Programs at Boston College

Stub Hub vs Season Tickets: MSU

Today we continue our home-game feature StubHub vs. Season Tickets, in which we compare the cost of getting seats to each and every Michigan game in The Big House on StubHub vs buying season tickets, "seat donations" and all. 

Our hypothesis for this ultra-scientific MZone study is as follows:

Even when paying over face value for the handful of big games in which supply and demand cause StubHub ticket prices to rise, it will still be cheaper - and probably substantially so - to buy one's tickets each week via StubHub

To recap the parameters of our study and what different seats in The Big House cost:

We're assuming two tickets to each game (together) and looking at different seat locations, all of which now require a "preferred seat donations" (aka PSDs).  For those not familiar with PSDs, Michigan's website describes them as follows:

The Victors Club Preferred Seat Donation is a part of University of Michigan Athletics overall annual giving program. Currently, three sports have some portion of the season tickets requiring a Preferred Seat Donation -- Football, Men's Basketball Courtside Seats, and Ice Hockey Club Seats. (Note: Courtside and Hockey Club Seats are sold out. You may contact the Victors Club Office to learn more about future availability.)

The color-coded diagram indicates the football preferred seating areas of Michigan Stadium. There are four different annual donation requirements -- Victors ($500 per seat), Valiant ($375 per seat), Maize ($250 per seat) and Blue ($125 per seat). The End Zone donation requirement ($50 per seat) applies to any new season tickets holders in 2005 and beyond.




Cost to Purchase U-M Season Tickets in 2012

Michigan only has 6 homes games this season due to the opener in Dallas against Alabama.  And of those six games, all of them have a face value of $75 each - except the MSU game which is $95 per ticket.  Thus, one's "face value" ticket cost would be $470 per ticket.  But...

The Athletic Department cuts one a break and charges only $390 for season tickets, which works out to $65 per ticket (it's impossible to know how/if they charge differently for the "big" games so we'll have to make it an even $65 each).

Now tack on your "donation" of $50-$500 per seat and your actual cost of one season ticket is $440 in the endzone, $515 in the "Blue" section, $640 in the "Maize" section, $765 in the "Valiant" section and $890 in the "Victors" section.  Now double that for a pair of tickets.

Michigan State

If anything is going to blow our above hypothesis out of the water, it's this week's game vs Michigan State: the only real "hot ticket" on the entire 2012 U-M home schedule.  True, MSU isn't doing as well as expected, but that has never seemed to matter in the past when it comes to ticket demand and the "want to be there" factor for this heated rivalry.  What will that to ticket prices on StubHub?  Let's find out.

Season Ticket Price - Endzone Seats:

You, dear season ticket holder, have two seats in the endzone which cost $130 plus $100 for your PSD divided by 6 ($16.67) for a grand total of $146.67.

StubHub Price - Endzone Seats:

As of late Wednesday night/Thursday morning, there are some 1,500+ seats left for sale on StubHub.  Last week as we did this post for the Illinois game, we found endzone seats for $147 each.  Currently, we found two in Section 5, Row 79 for $135 each, a total of $270.  But while there is no PSD on StubHub, there is an electronic delivery charge of $4.95 and a service charge of $27. 

Endzone Total:

Season Ticket Endzone Guy - $146.67
StubHub Dude - $301.95

Winner: Dave Brandon's bitch by $155.28

Now suppose you have/want better seats.  Okay...

Season Ticket Price - Maize Section:

Two tickets in sideline sections 3, 4, 20, 21, 42 or 44 cost you the same $130 as Endzone Guy.  But you also had to shell out $500 divided by 6 ($83.33) for a grand total of $213.33 for your chance to watch this year's homecoming game.

StubHub Price - Maize Section:

Found two for in Section 4 for $175 each (lowest pair by $20).  Same $4.95 "electronic delivery charge" (aka email) and a service fee of $35 (1) for a total of $389.95.

Maize Section Total:

Season Ticket Maize Guy - $213.33
StubHub Dude - $389.95

Winner: Season Ticket Maize Guy by $176.62

Now let's live large...

Season Ticket Price - Victors Section

Two tickets in Section 1, right on the 50, only cost you $65 each as part of your season tix.  But $1,000 divided by 6 tacks on another $166.67 (yikes!).

StubHub Price - Victors Section Price:

In case you're wondering, last week the cheapest pair we could find in the Victor's section came out to $285 each. So did the prices in the last week go up or down?  Well...

Tonight I found two tix in Section 1, Row 82 for $206 each (plus $4.95, plus a are-you-fucking-kidding-me service charge of 41.20).

Victors Section Total:

Season Ticket Victors Guy - $296.67
StubHub Dude - $458.15

Winner: Victor Season Ticket Guy by $161.48

Season Totals*

Endzone Seats on StubHub:

UMass - Saved $64.72
Illinois - Saved $31.72
MSU - In the red $155.28

Total Endzone StubHub Savings/Loss So Far - Loss of $58.84

Maize Seats on StubHub:

UMass - Saved $87.38
Illinois - Saved $43.38
MSU -  In the red $176.62

Total Maize Section Savings/Loss So Far - Loss of $45.86

Victors Seats on StubHub:

UMass - Saved $165.24
Illinois - Saved $98.12
MSU - In the red $161.48

Total Victors Section Savings/Loss So Far - Savings of $101.88

Well, well, well.  Didn't see that coming.

Lesson for Mr. 50 Yard Line Guy?  There's a reason you're a heart surgeon and not a ticket scalper.

* We didn't start this series until after the Air Force game and thus don't have exact figures, but a cursory check before the game as we were thinking about a post topic like this revealed something between the UMass and Illinois numbers.  We'll factor those in at the end of the season.

Rabu, 17 Oktober 2012

Getting it wrong on Lance

When Lance Armstrong announced that he was no longer contesting the USADA proceedings, I likened him to Pete Rose and said here that he would be just fine, that he would continue to proclaim his innocence and to remind everyone that no body had ever found him to have doped or used PEDs. I even said so on a radio interview, in response to the suggestion that marketing people had proclaimed him finished as a spokesman, fundraiser, and endorser.

It looks like I got this one very wrong. Yesterday's announcement that Armstrong had been dropped by Nike (which proclaimed itself shocked, shocked that the man who dominated a sport in which everyone doped had been doping himself) and that Armstrong had resigned from his own Livestrong Foundation suggests that he is going to suffer some major fallout. This comes in the wake of USADA releasing the report from its investigation, which laid out in great detail the evidence against Armstrong. Clearly one major sponsor wants nothing to do with him. And clearly either he or other leaders at the foundation believe he would be a drag on fundraising and other charitable efforts.

Perhaps, as Michael Wilbon argued on PTI last night, this is purgatory rather than hell, that Armstrong has to go away for a year or two, then emerge, admit to doping, and ask for forgiveness. In our culture of second chances, Wilbon insists, all be forgiven and Armstrong will be back on the scene as a public figure. Of course, that is what everyone insisted they wanted from Pete Rose and when Rose finally admitted to gambling, he was just buried further. Come back in a couple of years and we'll see.

The Line On The Lions

The Columbia Spectator has a midseason report on this week's Big Green opponent that begins this way:

With the football team halfway through the season with a 1-4 record, along with an 0-2 record in Ivy play, there is one undeniable statistical trend—the defense is ahead of the offense.


The Ivy League's weekly release is here.


A reminder that it is buyer beware with the Bleacher Report but