Tribal-State Relations to be a Focal Point at Winter Meeting of Legislators from Gaming States, January 10-12 in San Diego

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With Indian gaming operating in 29 states nationwide, the agreements negotiated between tribes and state governments can have lasting economic, fiscal and social impacts on the tribe, the local area, and the state. The process of making and renegotiating these tribal-state compacts will be a focal point at the Winter Meeting of the National Council of Legislators from Gaming States (NCLGS), January 10-12 at the Marriott Marquis San Diego Marina.

The NCLGS Winter Meeting is open to the public. To view the agenda, register, and book rooms at the host hotel at special attendee rates, visit http://nclgs.org/index.php/events/nclgs-winter-meeting-san-diego-2020

“Indian gaming is best positioned to achieve important goals for communities when legislators and tribal leaders work together in forged partnerships,” said Florida state Senator Perry Thurston, an NCLGS officer who chairs the Committee on Indian Gaming. “That is what we learned in Florida and other states, and that is what we are striving for at NCLGS.”

Already a $34 billion industry nationwide, including more than $9 billion in California, the additions of sports betting and igaming will elevate the tribal gaming industry to new economic heights, thus placing renewed emphasis on the tribal-state compacts. The NCLGS Committee on Indian Gaming will examine the compacting process, the key elements to be debated, and what impacts can be expected among the host tribes and stakeholders. The Committee will hear from the following experts:

  • Susan Jensen, Executive Director, California Nations Indian Gaming Association
  • Cody Martinez, Chairman, Sycuan Band of the Kumeyaay Nation
  • Dr. Katherine Spilde, Professor, L. Robert Payne School of Hospitality & Tourism Management, San Diego State University

In addition, a masterclass panel conducted by the International Masters of Gaming Law (IMGL) will focus on the legal and regulatory trends of tribal-state gaming compacts. Speakers on that panel include:

  • Jonodev O. Chaudhuri, Partner, Quarles & Brady
  • Stephen Hart, Partner, Lewis Roca Rothgerber Christie
  • Judith A. Shapiro, Esquire, Judith Shapiro Law
  • Jane Zerbi, Principal, Law Office of Jane Zerbi

The agenda for the three-day NCLGS Winter Meeting includes:

  • Six legislative-chaired Committee sessions that will focus on tribal and commercial casinos, responsible gaming, and lotteries, as well as legal, regulatory, and operational aspects related to sports betting
  • A second IMGL masterclass panel focusing on cutting-edge issues related to the surge of sports betting across the U.S.
  • Morning Keynote Address from Robert Zahradnik of The Pew Charitable Trusts
  • Luncheon Keynote Address from Bill Miller of AGA: “State of the Industry”
  • Two Sunday general session panel discussions
  • Thursday evening networking reception
  • Friday evening welcome reception
  • Saturday afternoon tour of Pechanga Resort Casino in nearby Temecula

For sponsorship information, contact events@nclgs.org. Legislators and others seeking NCLGS membership information should contact Wayne Marlin at wayne.marlin@nclgs.org.

NCLGS is the only organization of state lawmakers that meets on a regular basis to discuss issues relating to gaming. Members of NCLGS serve as chairpersons or members of state legislative committees responsible for the regulation of gaming in their state legislative houses. NCLGS does not promote or oppose gaming but is primarily concerned with the regulation and economic and social impacts of the industry. The NCLGS Foundation is the educational and research arm of NCLGS. The 501(c)(3) non-profit is a source of non-partisan data on issues of gaming legislation and regulation. Learn more about NCLGS at https://www.nclgs.org/.

Spectrum Gaming Group, which has performed advisory and consulting work for gaming operators, regulators, and legislatures in 40 U.S. states and territories and in 48 countries on six continents, serves as Executive Director of NCLGS. Discover more about Spectrum at https://www.spectrumgaming.com/.

Why Becker College Created a Bachelors of Science in Esport Management: Our Gaming Ecosystem

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By Vaughn A. Calhoun, Ed.D, MPA

It’s interesting, people ask me, ‘how’d you guys come up with a bachelors of science in Esport Management, it’s a really unique idea?’

You see, at Becker College’s School of Design and Technology, where I am the chair of the business program, we believe in the concept, ‘Imagine If.’ This concept has power; it has the power to help you think beyond your perceived limits.

We didn’t come up with this concept, but we recognized how it has changed the world… and decided to borrow it. Think about. There are companies that “imagined if“ you could have 1000 songs in your pocket (Apple), rent a room to strangers (AirBnB) or have a stranger give you a ride (Uber). And by most conventional standards, they have done pretty well.

If you can remember, in the not so distant past, video games were something that people didn’t pay much attention to. It was a hobby that “wasted time” as my middle school teachers would often say.

But what is not talked about is the business of gaming. Truth be told, it is a $152 Billion machine. And out of this $152 Billion, the United States accounts for $36 billion and growing!

And though it should not be a surprise, out of this ‘hobby,’ a professional class of gamers has emerged. In fact, an entire industry around the playing of games, aka – Esports, has reached nearly one billion dollars.

  •     Publishing Fees – $116M
  •     Merchandise/Ticket Sales – $95M
  •     Sponsorship – $359M
  •     Media Rights – $160M
  •     Advertising -$173M

In fact, this past summer, 16-year-old Kyle “Bugha” Giersdorf took home $3 million for winning the Fortnite Championship.

So, we said, imagine if we could create a Bachelor of Science in Esport Management. Now, we’re not talking about a program built on sand, but on rock. In other words, at Becker College, we have created an ecosystem of game; game programming, game design, game art, and game audio, which we have been recognized as #3 in the world by Princeton Review. In fact, these programs are supported by complementary academic programs such as Applied Computer Science, Emerging Media & Content Creation, and Business Management and Marketing; as well as the Massachusetts Digital Games Institute – a statewide center that fosters cooperation between the digital games industry, academia, and the public sector; and our very own varsity esports team who compete in League of Legends as well as other titles. In fact, we were the first college in Massachusetts to offer scholarships in gaming for players!

No disrespect to other institutions, as there are very good programs out there, but no college has an ecosystem quite like ours; a full service, one-stop-shop for all things game.

But before our first class entered this past August, we had one small task, create a curriculum that has never been created! You see, many colleges that create academic programs usually have something to model themselves after because other colleges offer it or something similar in nature. Not esports, though we hope to be the model other colleges now follow.

So, after our own internal analysis, we made a decision to go for it. Our first stop was to reach out to professionals in the esports world about our idea. And what we heard was, ‘hell yeah.’ Many talked about how there is a gap in talent for Esport management professionals. Right now, there is a trend where you have former gamers who transition into management without management experience and the learning curve is steep and at times an unrealistic ask. Some put it this way, think about an NBA player who retires and transitions into the front office. In a few cases, it might work out; but by and large, they don’t have the skillset to understand the complexities of nuances of running a team.

More specifically, they said we need people who not only have an affinity for Esports but those who have a certain skill set and knowledge base; management, marketing, sales, content creation, social media, graphic design, and video editing, etc… So, what we realized early on in the process is that our curriculum must build competencies which will allow our students multiple entry points into the vast ecosystem of Esport careers; be it with a game publisher (Blizzard), streaming company (Twitch), league (ESL), team or sponsor.

We also realized that we needed to layer our curriculum with Esport practitioners to teach our courses. This will allow our students with real-time information about the industry, it helps students build authentic and important relationships to help launch their careers, and it gives a unique platform for these Esport HEAVY HITTERS to share their passion and build the next generation of Esport professionals in their image. And by virtue of location, Massachusetts represents the fourth largest video game industry clusters in the U.S. which afford us close proximity to these Esport Heavy Hitters. And luckily for us, many are on our Esport advisory board and a few even teach. For example,

Christina Alejandre – Former General Manager, ELEAGUE | VP, Esports @ Turner Sports

William Collis – Co-Founder at Gamer Sensei and Owner at Genji Esports

Marco Mereu – Founder & CEO, Framerate. Framerate is a digital media company delivering original esports entertainment content to millions of fans around the world

Kevin Mitchell – Senior executive, eSports, VR & Immersive Entertainment @ National Amusements

We believe we have stumbled upon, not a diamond in the rough, but a diamond that shines so bright it’s almost blinding to anyone who looks at it. Luckily for us, we were able to use our other senses to realize something no one else, then, in higher education could, the immense value of Esports and offering a Bachelor of Science of Esport Management to complement.

And if you’re a college looking to start your own Bachelors of Science in Esport Management, please feel free to reach out. The more the merrier!

About Dr. Vaughn A. Calhoun

Vaughn Calhoun, Ed.D, is a FUTURE COLLEGE PRESIDENT. Currently, he is the Director of Business Programs and Founding Director of the first Bachelors of Science in Esports Management in the country at Becker College.

Dr. Calhoun is a graduate of Rutgers University where he earned his bachelors degree while also participating as a full scholarship Division I student-athlete on the football team. Likewise, he earned his Master’s of Public Policy and Administration from California State University Long Beach and his Doctorate of Education (Ed.D.) from Northeastern University.

Dr. Calhoun is avid on social media blogging and musing about innovation, entrepreneurship, success, and sports.

 

SRLA Set to Host Annual Conference in Louisville

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The Sport and Recreation Law Association (SRLA) has announced it will hold its 33rd annual conference on March 4-7, 2020 in Louisville, Kentucky.

By way of background, SRLA serves academicians and practitioners in private and public sport and recreation settings. Its members have diverse educational and experiential backgrounds and represent a variety of occupations and interests. They may teach or be students at institutions of higher education (sport and recreation management programs, law schools), practice law, operate risk management firms, or serve in other related fields.

SRLA’s annual conference provides quality peer-reviewed scholarship in the area of sport and recreation law. Scholarship is disseminated through 25-minute presentations, 75-minute symposium sessions, and poster sessions. Conference attendees also have the opportunity to interact with scholars and practitioners from across the country, engage in social activities, and network with industry professionals. The annual conference is beneficial for professionals, academics and students alike.

Among the highlights of the conference is “SRLA Awards Banquet: An Evening at Churchill Downs,” which will be held on March 6 from 5-9 p.m. This unique experience will include transportation to/from Churchill Downs from the Conference Hotel, a private tour of the racetrack and a full dinner in a private banquet space with ample seating overlooking the racetrack.

To register for the conference, visit http://www.srlaconference.com/registration/

Former Occidental College Athletic Director Sues for Gender and Sexual Orientation Discrimination

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(Editor’ note: The following is an article that appeared in Sports Litigation Alert, which publishes every two weeks and features a searchable archive of more than 3,000 articles.)

The former athletic director at Occidental College, Jaime Hoffman, has sued her employer in Los Angeles Superior Court, alleging she was the victim of:

  • harassment and discrimination on the basis of gender, sexual orientation and disability;
  • intentional and negligent infliction of emotional distress;
  • failure to prevent, investigate or remedy discrimination, harassment or retaliation; and
  • wrongful termination.

The lawsuit maintains that the defendants violated the California Fair Employment and Housing Act (FEHA), the primary state law that provides employees with protection from discrimination, retaliation and harassment in work environments.

The impetus for the dispute, according to Hoffman, was Hoffman’s decision to cancel a football game for safety reasons.

“I don’t believe Occidental should sponsor a football program,” said Hoffman. “And, the reason I think this is because I care about the student-athletes. I am aware of the obstacles: lack of resources, lack of a systematic admissions strategy, lack of support for the sacrifices necessary to build a healthy football roster nowadays, the demographics of football prospects, and the lack of compliance with Title IX. So, because I am aware of the obstacles and the lack of a TRUE commitment by the institution’s administration and value system, I do NOT believe it is safe for Oxy to put an undersized and undermanned team on the field.

“I recognize that my professional opinion is unpopular. I also recognize that because I was the AD at the time of long time Oxy coach Dale Widolff’s termination, and I was the AD during the rapid decline of football’s competitiveness, it may appear that I have some sort of an axe to grind with the football population. That is not the case.

“I have been called a dyke, bitch, witch, cunt and perhaps countless other names by this group of Oxy students, alums and parents. I have reason not to like these people. But, not once, have I ever sacrificed my responsibility or integrity in making decisions on their behalf.

“A lack of integrity has been displayed by Oxy’s administration, trustees and, more specifically, by Jonathan Veitch. He has allowed me to be the scapegoat for the demise of football, and more broadly, athletics.”

The plaintiff added that the college “never … seriously investigated nor condemned the behavior of those who have harassed me.

“On several occasions after canceling the football game I had contacted campus safety reporting findings of odd and unprecedented occurrences around my house: broken eggs, broken beer bottles, a dent in one of our cars, a pellet gun left on a ledge, and nails in our driveway. Despite the reports, It was at my request several months later that the college agreed to install cameras.”

“My mental health and my family’s safety has suffered. My life has changed. I had been on workers comp leave. I had exhausted my sick and vacation leave. I’m on meds indefinitely. I was returned to work by my doctors with reasonable accommodations. And then, after 14 years of serving the college, I was informed that I would not be returning to my AD role. I was informed over the phone by HR even though I resided in a college home across the street from campus. I was told my benefits (for my 5-year-old and me) would end at the end in 13 days, that my last paycheck was ‘yesterday’ and that I had 60 days to vacate my college owned house. There was no severance offered. I was assured over and over again that I am being put on ‘unpaid active status’ at the college and that they’d be filling the AD job. I was sent a link to position openings on campus and told I am welcome to apply for openings that match my qualifications”.

“I could have let 36 undersized guys, many playing out of position, most not very talented or capable of competing against a much bigger Pacific team of a 117-man roster… I suppose I could have let them play. I never had to call that meeting in August warning of safety issues. I could have let them play and maybe, just maybe, nothing would have happened. Maybe all 36 (13 total on defense) of them would have finished the game with all limbs intact.

“I suppose if I let them play, my job would not have been on the negotiating table. I suppose I wouldn’t have had to wonder where I’d be living next month. I suppose if I let them play my career and health insurance for my family wouldn’t be keeping me up at night. That would have been the easier decision. But, again, I cared deeply about Oxy student athletes.”

Stoke Caldwell Named Leader in the Law by North Carolina Lawyers Weekly

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Stokely G. Caldwell Jr. received a Leader in the Law award from North Carolina Lawyers Weekly. The awards honor legal professionals who have gone above and beyond in the legal industry and the community.

Caldwell founded and leads Robinson Bradshaw’s Sports and Entertainment Practice Group. He has dedicated decades to advising sports and entertainment clients, and his vast experience in the motorsports field involves representing professional race car drivers, teams, sponsors, sanctioning bodies and other industry entities.

Caldwell has served on the Sports Lawyers Association board of directors since 2004. An influential figure in the motorsports field, Caldwell is the lead co-founder of The Racing Attorney Conference. The annual event is presented by the bar associations in North Carolina and Indianapolis and provides an opportunity for education, development and networking for leaders in the motorsports industry.

In addition, Caldwell is on the board of directors for the Dale Jr. Foundation, the Kevin Harvick Foundation, the Martin Truex Jr. Foundation and Youth Racers of America.

NCAA’s New Ruling Is a Step In the Right Direction, Says Professor

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Recently, NCAA Board of Governors began the process to enhance the name, image, and likeness opportunities for college athletes. Wornie Reed, a former college athlete and instructor of “Sports and the African American Experience” at Virginia Tech, believes that this is the beginning of a slow process in the right direction.

About the ruling Reed says “It may allow athletes to benefit from endorsements and use of their likenesses, pictures, etc. However, they are drawing a hard line on not permitting athletes to get paid for their performances.”

Reed believes that college athletes in the revenue generating sports, football and basketball, in the Power Five conferences should be eligible for pay.

“College expenses, tuition, and room and board, is measly pay, less than the minimum wage when the 60-70 hours per week the athletes participate in the sport,” Reed added.

He also noted that the goals for these athletes are not the same as typical college students, as teams just want them to keep their grades strong enough to stay eligible to participate.

Latest Issue of Concussion Defense Reporter Highlights Industry Trends and Most Recent Litigation

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(Editor’s Note: What follows is the letter from the editor of Concussion Defense Reporter, Tony Corleto of Wilson Elser. To subscribe to CDR, which is complimentary, visit https://www.concussiondefensereporter.com/)

The Surgeon General has not determined … .

A recent publicity campaign features the image of a mother helping her 10-year-old son, in football gear, light a cigarette. The media reel for that campaign shows a coach, post-game, handing out cigarettes to youth football players.  An adolescent male voice begins “Tackle football is like smoking “ and concludes “Choose flag under 14”.  In a vacuum, one might presume the Surgeon General has issued a public health warning. Wrong. It’s just the Concussion Legacy Foundation (CLF) on its latest cycle.

On November 11, JAMA Pediatrics published the results of a two year review by a consensus panel of 11 pediatric experts in various fields (neurology, psychology, physical medicine and rehabilitation, sports and exercise, athletic training, epidemiology, prevention), to summarize current literature (1980 – 2018) and provide recommendations regarding the prevention, assessment and management of Sports Related Concussion in youth athletes. The conclusion: “There is not a recommended age or developmental stage at which contact and collision are most safely introduced for practice or competition”.  The only age specific recommendation was in ice hockey, to delay body checking until 13.

CLF has taken the campaign against youth football to state legislatures, most recently in Massachusetts and New York. Previous efforts in Illinois and California failed, we expect the latest efforts to face the same fate.  In this edition of Concussion Defense Reporter, we provide information about the proposed MA bill, including testimony from Scott Hallenbeck (USA Football), Dr. Julian Bailes and Jon Butler (Pop Warner).

Even though media remains ahead of the science, the law seems to get it. Two recent decisions denied class certification for concussion claims. In Jones v BRG (1:18-cv-07250, USDC, ND ILL, 8/1/19), district Court granted Riddell’s motion to strike class a proposed class of “All individuals who wore a Riddell helmet while participating in a High School and/or College Level football program between 1975 and the present”. Recognizing that the claims essentially sought recovery for personal injury, the court acknowledged that individual inquiries particular to each claimant’s activity, exposure and injury would predominate over any common claims about the products at issue, making individual litigation superior to class treatment.  Similarly, in Archie v Pop Warner (2:16-cv-06603, USDC, CD CA, 9/1//19) district court found that a proposed class of “All persons who enrolled their minor children in Pop Warner tackle football from 1997 to present”, for statutory false advertising claims, failed to satisfy the predominance requirement of Rule 23(b)(3). As in Jones, the decision turned on a finding that specific individualized inquiry would be needed for each claimant in the proposed class to determine whether they had in fact been exposed to and relied on the alleged advertisement.  This edition of Concussion Defense Reporter includes a detailed analysis of the Archie decision.

Cheerleading is again in the spotlight.  We report two decisions, one in favor of a school district and one for a university.  In a “second hit” case, Stevens v Azusa Pacific Univ. (2019 WL 2281585, Ca Ct, App., 5/29/19), the appeals court affirmed a ruling that the cheerleader assumed the risk of injury and that a qualified but uncertified coach did not “increase the risk” of harm.  In Biancorosso v Troy Comm. Cons. SD (App. Ct. Ill no. 2-18-0613 8/29/19) the appeals court upheld summary judgment for the school district, over a flier’s claim that the district was negligent or reckless because a cheer mat did not prevent her concussion when she fell out of a stunt.

Last but not least: One NCAA MDL plaintiff has dropped his case because he feels benefit from infrared light therapy Carr v NCAA, Brigham Young (1:16-cv-08581, USDC ND IL) and the Minnesota Vikings overturn an adverse worker’s compensation award Noga v Minnesota Vikings Football Club, 2019 WL 3439661, S. Ct, 2019.

Latest Issue of Sports Litigation Alert Delivers Five Case Summaries and Ten Articles

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The latest issue of Sports Litigation Alert features a wide swath of legal articles from the sports industry as is typical for the nation leading sports law periodical. To subscribe, visit www.sportslitigationalert.com

Case Summaries

Articles

News Briefs

NCAA President to Speak at Aspen Institute Event

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NCAA President Mark Emmert has been added as a speaker to the Aspen Institute Sports & Society Program’s December 17 event entitled, “Future of College Sports: Government’s Role in Athlete Pay.”

There is now widespread public support for allowing college athletes to make money off their own name, image and likeness (NIL), led by California becoming the first state to allow athletes to profit off their name, beginning in 2023. More than a dozen other states are showing interest in creating similar laws. Federal legislation has been proposed by Republican North Carolina Congressman Mark Walker that would amend the definition of a qualified amateur sports organization in the tax code to remove the restriction on athletes profiting off their NIL.

Meanwhile, the NCAA announced it will permit college athletes “the opportunity to benefit from the use of their name, image and likeness.” The statement lacked any specific policies or procedures at this time, only principles and guidelines for each NCAA division to begin the process of creating its rules.

What if Congress developed a national solution to the college athlete pay debate? Should the federal government get involved, and if so, how? What would be the implications for the NCAA and college athletes? What interest does Congress have to potentially create a federal law instead of the state-by-state approach?

What: Future of College Sports (free event)

When: Tuesday, Dec. 17 (lunch 11:45 am ET, program 12:30-2:30 pm)

Where: Aspen Institute (2300 N St,, NW, Washington DC)

Speakers:

  • Mark Emmert, NCAA president
  • Mark Walker, North Carolina congressman
  • Ramogi Huma, National College Players Association executive director
  • Donna Lopiano, former University of Texas women’s athletic director/president-elect of The Drake Group
  • Michael McCann, University of New Hampshire Sports and Entertainment Law director/Sports Illustrated legal analyst
  • Ben Strauss, Washington Post sports reporter

 

Visit www.aspeninstitute.org to register.

 

 

Covington Elects Sports Lawyer as Chair

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Covington has announced that its partners have unanimously elected a sports lawyer, Doug Gibson, as chair of the firm’s Management Committee and that he will begin a four-year term on January 1, 2020.

The chair leads the Management Committee in setting the firm’s strategy, overseeing the firm’s operations, supporting the firm’s representation of clients, and working to foster and promote the firm’s culture of collaboration, teamwork, and service.

Gibson began his legal career as a summer associate at Covington in 1989, was hired as an associate at the firm in 1990, became a partner in 1998, and has served on Covington’s Management Committee since 2012. Besides being highly regarded as a sports lawyer, he has also been named one of the 50 most influential people in sports by Sports Business Journal. Gibson will replace Tim Hester, who served as chair for the past 12 years.