Attorney Michele Meyer-Shipp Gets Nod as MLB’s Chief People & Culture Officer

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Commissioner of Baseball Robert D. Manfred, Jr. announced earlier this week that Major League Baseball has named Michele Meyer-Shipp as its Chief People & Culture Officer. In this capacity, Meyer-Shipp will oversee all of MLB’s human resources activities, including talent processes and programs, workplace culture, and diversity and inclusion. Meyer-Shipp also will oversee all off-field office operations.

Meyer-Shipp joins MLB from “Big 4 Accounting Firm” KPMG LLP, where she has served as Chief Diversity & Inclusion Officer. While at KPMG, she led all firm programs and initiatives relating to workforce, workplace, and marketplace diversity and inclusion. In addition to overseeing a host of human resource-related initiatives in this role, she consulted with clients on building diverse and inclusive workplaces. Previously, Meyer-Shipp worked for Prudential Financial, serving as Global Chief Diversity Officer for five years, and for the law firm Akin Gump Strauss Hauer & Feld LLP, where she was Global Chief Diversity & Inclusion Officer. Prior to those roles, she spent over a decade practicing employment law in both the public and private sectors, counseling clients on driving equitable talent and workplace practices.

Meyer-Shipp has served on many industry and association tasks forces and committees, including Twitter’s Diversity Advisory Council, Working Mother Media’s Multicultural Advisory Board, National Organization on Disability, and Rutgers University’s Student Affairs Executive Advisory Council. She also has been a Contributor to Yahoo! Finance News. Meyer-Shipp has received numerous awards and accolades for her professional accomplishments, including most recently being recognized among the “Top 100 Women of Influence” by Diversity MBA. Meyer-Shipp is a graduate of Rutgers University and Seton Hall University School of Law, and she is certified as a senior human resources professional by the Society of Human Resources Management.

Counting on Sports in the Spring Could be Dangerous to the Bottom Line of College Athletic Departments

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Many athletic department officials believe what they are hearing through the media from pharmaceutical companies hyping their stock and the Administration praying for a miracle.

A vaccine is coming or so the theory goes. At the very least, schools can stage athletics in the spring. Or can they?

There are really two parts to the question. First, when will a vaccine be ready? Second, when can it be distributed? And while a vaccine may be ready in the winter. The second question is much more difficult to answer, especially given the need to protect tens of millions of at-risk people, such as health care workers, the elderly and those with co-morbidities. College students are destined to fall pretty far down that list.

Jesse Goodman – the former chief scientist at the Food and Drug Administration –  told the Atlantic (https://www.theatlantic.com/health/archive/2020/07/covid-19-vaccine-reality-check/614566/) last week that ““Even when a vaccine is introduced, I think we will have several months of significant infection or at least risk of infection to look forward to.”

College Students Will Not Be Vaccinated Until Late Spring, at the Earliest

The problem lies in the logistics of implementing a vaccination program. Typically, an army of people should be trained to administer the vaccine, which is no small feat. In addition, some vaccines “require two doses; the first primes the immune system, allowing the second to induce a stronger immune response,” according to the Atlantic. Then, there are also challenges with regard to the storage of the vaccine.

As highlighted above, delineating who initially gets the vaccine is a loaded proposition. Emily Brunson, an anthropologist at Texas State University who studies vaccines noted that “there are many ways that things can be misinterpreted.” The magazine went on to add that “during an initial shortage, these decisions can feel unfair — especially given tensions seeded earlier in the pandemic when the rich and the famous were getting COVID-19 tests while ordinary people were being turned away at clinics.”

Should college athletes, who are increasingly being treated like professional athletes, move to the front of the line? It is unlikely.

“For all the uncertainties that remain ahead for a COVID-19 vaccine, several experts were willing to make one prediction,” continued the magazine. “’I think the question that is easy to answer is, Is this virus going to go away? And the answer to that is, No, said Ruth Karron, the director of the Center for Immunization Research at Johns Hopkins University. The virus is already too widespread. A vaccine could still mitigate severe cases; it could make COVID-19 easier to live with. (But) the virus is likely here to stay.”

Sports Lawyer Timothy Liam Epstein Honored by Billboard

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DUGGAN BERTSCH, LLC has announced that one of its partners, sports lawyer Timothy Liam Epstein, has been named one of Billboard Magazine’s top music lawyers of 2020 for his work on behalf of clients in the live entertainment space.  Tim is one of the featured attorneys in the introductory piece discussing how he has helped guide his clients through this time of unprecedented economic and social upheaval.

Tim serves as chair of Duggan Bertsch’s Litigation group, and brings to the Firm a reputation as one of the top lawyers in sports and entertainment in the country.

Tim, a frequent contributor to Sports Litigation Alert, leads DB’s Entertainment, Events, & Festivals Practice Group.  He also serves as an adjunct professor at Loyola University Chicago School of Law, teaching courses in sports law.

O’Melveny Helps Bring National Women’s Soccer Team to Los Angeles

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O’Melveny represented WFC LA/Angel City in securing the exclusive right to bring a professional women’s soccer team to Los Angeles.

The team’s official name and venue partner will be announced before the end of 2020, with the inaugural season set to kick off in spring 2022 as part of the National Women’s Soccer League. WFC LA/Angel City is a majority women-founded ownership group that has been awarded the exclusive right to bring a National Women’s Soccer League (NWSL) team to Los Angeles. The group is led by Academy Award-winning actress and activist Natalie Portman, technology venture capitalist Kara Nortman, media and gaming entrepreneur Julie Uhrman, and tech entrepreneur and venture capitalist Alexis Ohanian. Among the group’s investors are actors Eva Longoria and Uzo Aduba, as well as eleven former US Women’s National Team Southern California-based players.

Chuck Baker

“We’re proud to represent WFC LA/Angel City, an extremely accomplished and passionate group, in this game-changing project,” said O’Melveny partner and Sports Industry Group co-chair Charles (Chuck) Baker, who is leading the firm’s work for the team, along with counsel Eric Geffner. “Bringing professional women’s soccer to LA is a defining moment—for the city, for the league, and for entire world of sports—and comes at a particularly important time.”

Baker added, “Having a team that is women-founded and women-led is, unfortunately, too rare in today’s sports industry. WFC LA/Angel City is breaking the mold of professional team ownership and hopes to create a model for real change in the industry while simultaneously promoting the continued growth of women’s soccer and women’s sports generally.”

Along with Baker and Geffner, the O’Melveny team representing WFC LA/Angel City includes partner Chris Del Rosso, special counsel Scott Pink, counsel Aaron Cha, and associates Alexandra Piarino and Luisa Lizoain.

United Steelworkers Prod Congress to Create College Athletes’ Bill of Rights

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The United Steelworkers (USW) union announced yesterday its full support for a legislative framework for a comprehensive College Athletes’ Bill of Rights put forth by U.S. Sen. Cory Booker (D-N.J.).

In a letter to members of the U.S. Senate, USW International President Tom Conway urged senators to support the framework, which includes proposals to allow athletes to secure representation and receive compensation for the use of names and likenesses, establish health and safety standards, increase the freedom for student athletes to transfer, and provide medical coverage, among other provisions.

“NCAA sports is a predatory industry that exploits college athletes physically, economically, and academically,” Conway wrote in his letter. “Unjust NCAA policies and practices have a disproportionate negative impact on Black college athletes, many of whom are from low-income homes. Black college athletes make up the majority of revenue sport athletes yet suffer the lowest graduation rates.”

The framework also has the backing of the National College Players Association (NCPA), an advocacy group that fights for fair treatment for college athletes and includes more than 20,000 Division I athletes from more than 150 college campuses. The USW has strongly supported the work of the NCPA since the organization’s inception in 2001.

“The USW has stood in solidarity, side by side, with the NCPA,” Conway wrote. “Our union strongly supports congressional action to put an end to the countless injustices that have plagued college athletes for generations by developing and adopting a sound College Athletes’ Bill of Rights.”

For the full text of the letter, visit: www.usw.org/news/media-center/releases/2020/20-07-24-USW-supports-College-Athletes-Bill-of-Rights-framework.pdf

AD Organization Plays Key Role in Development of NIL Policies

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Tom McMillen

The LEAD1 Association (LEAD1), which represents the athletics directors of the 130 member schools of the Football Bowl Subdivision (FBS), praised NCAA President Mark Emmert who, this week, went before the Senate Judiciary Committee and expressed support for an independent entity (outside of the NCAA) to regulate student-athlete name, image, and likeness (NIL) compensation.

In September 2019, LEAD1 created various working groups, comprised of member athletics directors as well as other senior athletics staff, to develop recommendations on pertinent issues in college sports, including NIL. LEAD1’s NIL working group, co-chaired by Mike Hill, Director of Athletics of the University of North Carolina at Charlotte, and Michael Alford, the Director of Athletics at Central Michigan University, and soon to be the CEO of Seminole Boosters at Florida State, has played an important role in helping the NCAA develop its position on a potential NIL model. LEAD1’s NIL proposal (below) includes a third party administrator (TPA), similar to an independent clearinghouse, which could be led by current and former student-athletes to manage the NIL process, and, at least initially, a low regulation model, given that this is a sea change moment for college sports. LEAD1’s proposal is distinct from the Power Five conference’s (ACC, Big Ten, Big 12, SEC and Pac-12) recent proposal, which was referenced in this week’s Senate hearing.

“We are pleased that President Emmert has announced support for a third party entity to manage NIL,” said Tom McMillen, President and CEO of LEAD1 Association. “Trust and transparency will be fundamental to the success of the NIL process and we believe our [LEAD1] proposal can help ensure buy-in by all stakeholders.”

“A low regulation model for student-athletes to monetize their name, image and likeness is fundamental to the success of this long overdue movement,” said Hill. “The LEAD1 NIL working group remains committed to the principle that NIL guidelines should not unduly restrict commercial opportunities for student-athletes and that an independent third party can play an appropriate role in the facilitation of such activity.”

“I am proud of the leadership and innovation provided by the NIL working group and my co-chair Mike Hill,” said Alford. “A low regulation model will benefit student-athletes, allowing them to monetize their NIL based on a fair market value facilitated and regulated by a professional third party.”

LEAD1 athletics directors, Dan Radakovich, Director of Athletics at Clemson University and Chair of LEAD1’s Board of Directors, and Heather Lyke, Director of Athletics at the University of Pittsburgh and on LEAD1’s Board of Directors, also testified during Wednesday’s hearing. Radakovich urged adoption of one national standard on NIL to preserve the integrity of competition in college athletics, while Lyke outlined her concerns with respect to legal sports wagering on student-athlete well-being.

LEAD1’s NIL proposals can be found below:

August 6 Webinar Seeks to Answer Following Questions: Can College Sports Resume Play Safely? How Will the NCAA, Conferences and Universities Play it?

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Jackson Lewis P.C. will host a webinar on August 6, from 1:00 PM – 2:00 PM EST, that addresses the most challenging issues facing colleges and universities for the upcoming Fall 2020 semester — campus safety, risk mitigation, and sports.

To register, go here.

The speakers for the webinar from the firm’s collegiate and professional sports practice include:

Gregg E. Clifton

Gregg E. Clifton

Principal
Phoenix 602-714-7044
 Email

John G. Long

John G. Long

Of Counsel
Houston 713-650-0404
 Email

Doriyon C. Glass

Doriyon C. Glass

Associate
Cleveland 216-750-0404
 Email

Despite Pandemic, New Sports Gambling And Online Gaming Market Entries Proliferate

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By Andrew Silver, of Ifrah Law

(Editor’s Note: Andrew Silver is an attorney at Ifrah Law, which publishes My Legal Bookie, a periodical that is available on a complimentary basis, which tracks the intersection of sports betting, gaming, and the law.)

Andrew Silver

If someone had told you at the beginning of 2020 that, by March, global sports would largely shut down, with a slow resumption not happening until the summer of 2020, you may have predicted that 2020 would be a bad year for businesses involved in sports wagering, fantasy sports, and iGaming. Yet, the rapid legalization of sports wagering across the United States has not relented, which has fueled continued prosperity for gambling operators and related companies. This is in spite of the absence of American sports (and relative absence of most other sports) to fuel those businesses’ revenues.

Perhaps the most striking example is that of DraftKings. In the middle of the pandemic this spring, DraftKings completed a merger with Diamond Eagle Acquisition Corporation (a special purpose acquisition company) and SBTech (a gaming technology company). As a result of the merger, DraftKings started trading on NASDAQ in April, ending its first day of trading at $19.35/share. In the time since, DraftKings’ stock has continued to rise, peaking at $44.79/share—and it sits at $32.43/share as of the close of business on July 10. After the initial price surge, DraftKings announced in June that it and its shareholders were selling an additional 33 million shares to the market.

DraftKings is not alone

Surprisingly—given the almost nonexistent sports landscape in 2020—DraftKings is not an outlier among sports gambling operators. Back-end business-to-business supplier GAN Limited, which provides iGaming software to the U.S. land-based casino industry (boasting Borgata, Parx Casino, Maryland Live!, and Jack Entertainment amongst its partners), also had its IPO during the pandemic, opening at a price of $8.50/share on NASDAQ in early May. Much like DraftKings, GAN’s share price has skyrocketed since its debut, closing at $25.69/share on July 10.

And just this week, Golden Nugget joined DraftKings as the only “solely online” U.S. casino company being publicly traded, following Houston Rockets owner Tilman Fertitta’s purchase of Golden Nugget Online Gaming by his company Landcadia Holdings II. Shares in Golden Nugget Online climbed over 14 percent in its first day of trading on July 9. Further evidencing the enthusiasm for sports wagering in the marketplace was the June launch of Roundhill Investments’ Sports Betting & iGaming “BETZ ” ETF, which counts GAN, GVC, Flutter, and DraftKings amongst its top holdings.

Enthusiasm for iGaming and sports wagering in the U.S. market has not only taken the form of companies making their debut on public markets. Indeed, last week, ROAR Digital—the joint venture launched in 2018 between MGM Resorts International and GVC Holdings that offers sports betting and online gaming products in the U.S. as BetMGM—announced that MGM and GVC were investing additional funds in the venture. The added funds will bring their initial commitment of $200 million up to $450 million. BetMGM states that it is on pace to operate in 11 states by the end of the year.

These developments in 2020 are not an anomaly. In 2018, Flutter Entertainment—the parent company of such European wagering brands as Paddy Power and Betfair—acquired FanDuel, and in 2019 it acquired The Stars Group (the company behind PokerStars). In the time since the FanDuel acquisition, Flutter (which trades on the London Stock Exchange) has increased in value by over 50 percent.

Who’s next?

If anything, the coronavirus pandemic has highlighted the success and versatility of online gaming, as both investors and the public at large have realized that iGaming does not just mean sports wagering. They see that iGaming also encompasses such other offerings as online casino, online poker, esports, and horse racing, all of which have managed to thrive during the time in which much of the country and world stayed indoors. Indeed, the clear market enthusiasm evidenced by the market debuts of DraftKings, GAN, and Golden Nugget (not to mention last week’s BetMGM news) has led to significant speculation as to which additional sports wagering and/or iGaming entities may be slated for a public offering in 2020 or early 2021.

One company that has already announced its intention to go public is DoubleDown Interactive, a creator of social casino gaming applications including DoubleDown Casino. DoubleDown filed a registration statement with the SEC last month, although it announced early this month that its IPO would be “postponed.”

Another company potentially ripe for an IPO is Epic Games—the creator of the smash hit video game Fortnite. CB Insights counts Epic Games amongst its list of “unicorns,” or private companies with a valuation of $1 billion or more. Although Epic Games more closely resembles a traditional video game company as opposed to a gambling operator, the potential for synergy with iGaming or other online gambling entities is present. This is especially true with the rise of betting on esports, which has been cleared for legal wagering in Nevada, New Jersey, Tennessee, and West Virginia.

Unity Technologies, another gaming software company on CB’s list of “unicorns,” has been the subject of IPO speculation since at least early 2019. Although Unity may be most well-known for its console and mobile video gaming software, it also markets itself as a developer of land-based, online, and mobile gambling and casino games.

With no shortage of iGaming businesses succeeding in the face of uncertainty in 2020, and considering the initial success of DraftKings, GAN, and Golden Nugget following their offerings, it will be fascinating to track the iGaming industry as a whole—with an eye toward new market entrants—in the post-pandemic world.

NCS4 Publishes COVID-19 Considerations Guide for the Sport and Entertainment Industry

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The University of Southern Mississippi’s (USM) National Center for Spectator Sports Safety and Security (NCS4) has worked with a select task force of industry professionals to create the first version of the COVID-19 Considerations for Sport and Entertainment Venues and Events. In the infancy stage of understanding COVID-19 implications and the lack of a traditional set of best practices, the COVID-19 Considerations guide is designed to aid professionals in their decision-making regarding event planning, event operations, and other business operations based on federal, state, and local municipal requirements.

The COVID-19 Considerations for Sport and Entertainment Venues and Events guide was curated from NCS4’s COVID-19 Task Force that was created with the intent of representing a cross-section of industry practitioners and partners to gather considerations to aid senior executives, management and operational planners as they continue on a path to returning to in-person events. The COVID-19 Task Force is comprised of professionals with experience from every realm of the safety and security industry to provide a well-balanced foundation.

“The COVID-19 Taskforce should be commended for their tireless work on this guide,” said Dr. Stacey Hall, NCS4 Interim Director. “This guide will serve as a tremendous resource for the industry and aid venue and event managers in their planning and preparations for resuming operations.”

NCS4 set out to make the COVID-19 Considerations for Sport and Entertainment Venues and Events both versatile and scalable for use from any industry and any sized event. With a situation as fluid and as unpredictable as COVID-19 has proven to be, it is important to remember these considerations do not supersede any local, state, or federal guidelines. These considerations seek to highlight areas of concern that may need further study or demand alterations to chart a path forward for returning to events.

“NCS4 has always been a leader in helping educational institutions, sports teams and event organizers by providing valuable tools and resources dedicated to ensuring the safety and security of their events,” said Steve Georgas, former Chicago Police Deputy Chief. “The COVID-19 Considerations is just another valuable tool that is out there to assist during these uncertain times.”

The COVID-19 Considerations for Sport and Entertainment Venues and Events will be a value-added resource to the NCS4’s suite of Best Practice Guides that have been used as the safety and security standard in intercollegiate athletics, interscholastic athletics, professional sports and entertainment facilities, and marathon and endurance events. Each year, NCS4 updates their guides after collecting information gathered at their annual forums. The newly updated 2020 editions of the guides are to be released July 13, 2020 and can be accessed for free at ncs4.usm.edu.

The COVID-19 Considerations for Sport and Entertainment Venues and Events guide is not a one-time document and will be updated and amended as the global crisis of COVID-19 continues to evolve at a rapid rate. The members of the COVID-19 Task Force are working diligently on their considerations feedback while also confronting concerns from the virus in real time at their different professional commitments.

“The industry needs a common set of considerations that is broad and encompasses all of the different industry segments,” said Drew Pittman, Baylor University, Associate Athletic Director – Event Management and Facilities. “The Task Force is comprised of an outstanding group of individuals that have wide ranging experiences. This group was able to cover the wide range of events and venues that will face challenges because of the COVID-19 pandemic.”

Canadian Government Blocks Major League Baseball Games in Canada

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The Honourable Marco E. L. Mendicino, P.C., M.P., Minister of Immigration, Refugees and Citizenship in Canada, issued the following statement yesterday, effectively blocking Toronto Blue Jays from hosting Major League Baseball games in Canada:

“Over the last several weeks, the Government of Canada has worked closely with Major League Baseball and all levels of government to develop a safe restart plan for play, while putting in place strict health protocols and effectively managing the borders in order to protect the health and safety of Canadians throughout COVID-19.

“As part of MLB’s restart plan, the Public Health Agency of Canada initially assessed their proposal to allow the Toronto Blue Jays to hold preseason training on their home-field in Canada. The core elements of the proposal required Toronto Blue Jays personnel to remain isolated within the Rogers Centre and adjacent facilities during preseason training. Most importantly, all Toronto Blue Jays training would be at the Rogers Centre and there would be no cross-border travel for either the Blue Jays outside of Canada or any opponent team into Canada for the duration of preseason training.

“Based on these conditions, and with the agreement of provincial and municipal health authorities, PHAC concluded MLB and the Toronto Blue Jays had a robust plan to mitigate the risk of importation and spread of COVID-19 in Canada for the preseason.

“The MLB and Toronto Blue Jays were then issued a National Interest Exemption Letter, permitting players and staff to enter Canada for preseason training only.

“Following that decision, the Government of Canada continued discussions with the MLB and Toronto Blue Jays regarding the regular season that would have the team play home games at the Rogers Centre in Toronto. However, unlike preseason training, regular season games would require repeated cross-border travel of Blue Jays players and staff, as well as opponent teams into and out of Canada. Of particular concern, the Toronto Blue Jays would be required to play in locations where the risk of virus transmission remains high.

“Based on the best-available public health advice, we have concluded the cross-border travel required for MLB regular season play would not adequately protect Canadians’ health and safety. As a result, Canada will not be issuing a National Interest Exemption for the MLB’s regular season at this time.

“We have shared this news with the Blue Jays organization. We remain open to considering future restart plans for the post-season should the risk of virus transmission diminish. We wish the Blue Jays the best of luck as they start the regular season.

“Canada has been able to flatten the curve in large part because of the sacrifices Canadians have made. We understand professional sports are important to the economy and to Canadians. At the same time, our government will continue to take decisions at the border on the basis of the advice of our health experts in order to protect the health and safety of all Canadians”.