Sports Litigation Alert Delivers Expert Commentary involving the Sports Law Industry in the Latest Issue

Sports Law Expert Posted on by

The latest issue of Sports Litigation Alert features case summaries and articles from every corner of the sports law industry, from amateur to professional, reinforcing its reputation as the nation’s leading sports law periodical.

The Alert publishes 24 times a year and provides subscriber with access to a searchable archive of close to 3,000 sports law-related summaries and articles. To subscribe, visit http://www.hackneypublications.com/sportslitigationalert/subscribe.php

The February 15, 2019 issue, in particular, includes analysis of recent judicial opinions involving Title IX, Constitutional questions concerning athletic eligibility, and the rights of consumers who purchase tickets for sporting events. Among the guest authors in the case summary section are sports law professor Michael Carroll of Troy University and high-profile sports law attorney Jonathan Pressment of Haynes Boone.

In the article section, experienced sports law attorney Carla Varriale of Havkins Rosenfeld Ritzert & Varriale write about the Constitutional questions that were raised when two fans were ejected from the New York Giants-San Francisco 49ers football game at Levi’s Stadium.

Among the other articles are:
• Claims of Financial Exigency & Roster Management Practices Under Scrutiny in Portz v. St. Cloud State University – By Ellen J. Staurowsky, Ed.D., Senior Writer & Professor, Department of Sport Management, Drexel University
• State Legislators React to Proposed Federal Title IX Regulations with State Law Proposals – By Gregg E. Clifton, John G. Long, Susan D. Friedfel and Monica H. Khetarpal, of Jackson Lewis
• Rams Settle Some of the St. Louis PSL-related Litigation – By Jeff Birren, Senior Writer and former Oakland Raiders General Counsel
• Herrick Sports Law Group Promotes Sports Lawyer to Partner
• Former Field Hockey Athlete Fights to Hold American University Liable – By Joseph Hanna, of Goldberg Segalla
• Former Hockey Enforcer Targets Canadian Leagues with Concussion Lawsuit
• Family of Deceased Pro Basketball Player Responds to NBA’s Motion to Dismiss Her Wrongful Death Action
• beIN SPORTS Files New Legal Action with FCC against Comcast
• US Lacrosse Garners Praise for Speaking Out Against Native American Mascots

“We take great pride in recruiting great sports law attorneys and professors, who are willing to share their keen insights with our readership,” said Holt Hackney, the long-time editor. “I am confident that there is something of great value in every issue of the Alert, making it invaluable to today’s ports law attorney.”

Southwestern Law School Blog Spotlights Sports Law Professor Jeff Birren

Sports Law Expert Posted on by

By Matthew J. Downen ’20
Entertainment Beat

Professor Birren‘s expertise was highlighted in two recently published articles in Sports Litigation Alert, a subscription-based sports law news outlet.

Professor Birren’s sports law journey began in 1980 when he was hired in an entry-level front office position by the Oakland Raiders.  In 1981, he worked on a trial involving the NFL, the Raiders, and the Los Angeles Memorial Coliseum Commission. Professor Birren’s experience working with the influential lawyers of Lasky, Joseph L. Alioto, and Max Blecher sparked his desire to pursue a legal education. Professor Birren ambitiously attended Southwestern in the evenings while working full time with the team’s outside counsel. He boasted more courtroom experience upon graduation than most lawyers do in decades. Subsequently, in 1985, he became the Raider’s first ever in-house attorney and was promoted to general counsel after 12 years of dedicated service to the organization.

One of Professor Birren’s most recent periodicals involved the controversial issue of former NFL players receiving state workers compensation for their substantial injuries suffered while playing for out of state organizations. A vast majority of former players find themselves nearly paralyzed, or suffer from traumatic brain injuries altering their everyday lives to an extent unimaginable. Players unfortunately in this position are mentally and physically unable to work or lead a normal life, forcing them, out of desperation, to seek compensation.

Professor Birren’s periodical flawlessly explains the jurisdictional battle between state workers compensation programs, players, and their prospective organizations. The article depicts the legal controversy between former NFL player and Los Angeles native Larry Tripplett and the Indianapolis Colts. Professor Birren articulated the court’s intricate analysis of Larry Tripplett’s contract to determine whether or not the state of California had jurisdiction over this trauma case involving injuries suffered while playing for the Colt’s. Opposing parties disputed whether the contracts negotiations, drafting, or actual signing created subject matter jurisdiction. Ultimately Professor Birren notes that where the actual agreement was signed, determines which state has jurisdiction, not taking prior negotiations or drafting into consideration.

In a continuing battle over players rights, Professor Birren closes this periodical with the statement of “One wonders how many pending similar cases were just foreclosed by the published Tripplett opinion.” How many players seeking compensation in the attempt to lead a normal life, have just been left in the dark in the midst of this decision?”

Professor Birren’s second periodical involved the appeal of Anselmo v. Grossmont-Cuyamaca Community College District and is a morph of collegiate sports and tort law. Professor Birren outlined the issues which arise when a visiting player suffers an injury during play because of inadequate field conditions. He expressed his outrage towards the trial court’s determination that a home team is immunized from claims of a visiting team and clearly lays out the factors implemented by the court of appeals for a rise of action to exist. The case was remanded to trial holding that Universities do owe a duty of due care for visiting participants.

As long as controversial issues involving sports and law continue to arise, you can guarantee Professor Birren will be showcasing his knowledge and skills in the field of play.

When not writing for Sports Litigation Alert, Professor Birren can be found throughout the summer projecting his wisdom upon Southwestern Students while teaching Sports Law. The course covers the governing bodies of the sports industry, along with labor law, contract law, competition or antitrust law and covers issues that will arise within professional organizations such as the NFL, NBA, NFL, MLA, and the UFC etc.

Click here for more information regarding Professor Birren’s Sports Law course.

The original post as it appeared in the blog can be found here: https://www.swlaw.edu/swlawblog/201810/professor-birren-featured-sports-litigation

 

Sports Lawyer Takes the Helm as Next Vanderbilt Athletics Director

Sports Law Expert Posted on by

Vanderbilt University has named Malcolm Turner as the university’s new vice chancellor for athletics and university affairs and athletics director. Turner, a member of the NBA’s senior leadership team and president of the NBA G League, will join the university on Feb. 1, 2019. He replaces David Williams, the current Vice Chancellor for Athletics and University Affairs and Athletics Director, who is retiring from the athletic department to focus on the Vanderbilt Law School’s commitment to a program devoted to sports law.

“I set out to find a thought leader with the skill set and vision to manage the next stage of transformation for Vanderbilt Athletics, and that’s exactly what we found in Malcolm Turner,” Vanderbilt University Chancellor Nicholas S. Zeppos said. “Malcolm is a proven executive with deep expertise in multiple business disciplines including management, marketing and development across the sports landscape of teams, leagues, facilities and major events. He also carries a deep and personal commitment to education, evidenced by his own academic achievements and his extensive community service. His exceptional skills, combined with his passion for education and drive for excellence, will bring immense value not only to the Vanderbilt Commodores, but to the rest of the university and to the entire Nashville community.”

Turner’s tenure as president of the NBA G League is hallmarked by growth, expansion and transformation.

Under Turner’s leadership, the NBA G League has enjoyed unprecedented growth across all areas of its business and basketball operations — from record numbers of NBA G League alumni in the NBA, to a first-of-its-kind expanded entitlement partnership with Gatorade, to innovative new player contract types. A champion for NBA Two-Way Contracts (newly incorporated in the NBA’s current Collective Bargaining Agreement) and NBA G League Select Contracts (newly announced as part of the G League’s recently launched professional path), Turner’s vision deepened the league’s commitment to player development.

His hire drew the praise of David Stern, NBA Commissioner Emeritus and one of the most accomplished commissioners in the professional sports history.

“Malcolm is an exceptionally talented executive and an all-around great person,” he said. “The NBA benefited tremendously from his leadership, acumen, and collaborative mindset — he’s one of a kind. He expanded the NBA’s development league in unprecedented ways to form the successful G League, and enhanced the league’s commitment to player, coach and staff development. I have no doubt he will bring that same commitment to excellence and impact to Vanderbilt’s Athletics Program.”

Prior to joining the NBA, Turner worked at Wasserman Media Group, where he helped build the firm’s preeminent Consulting Division as its managing director, creating and managing sports, entertainment, venue and new product launch strategies for leading corporate brands and properties. He went on to help build a multinational footprint for this practice before launching Wasserman’s Golf Division as one of the leading golf management teams representing some of the game’s top personalities and brands. Prior to Wasserman, he served as senior vice president and a member of the leadership team of OnSport, a North Carolina-based sports and entertainment consulting firm (later acquired by Wasserman) that managed strategic initiatives for Fortune 100 brands across the NBA, NFL, MLB, NASCAR, Madison Square Garden, STAPLES Center and other marquee properties. The firm also represented the media rights for prominent rightsholders in the professional and college sports landscape.

Turner graduated from the University of North Carolina at Chapel Hill and went on to earn joint J.D./.M.B.A. degrees from Harvard University.

Time for a Reassessment of Assumption of Risk in Golf? Don’t Count on it.

Sports Law Expert Posted on by

(What follows was originally published in Sports Litigation Alert, the nation’s leading ports law newsletter, which features a searchable archive of more than 2500 summaries and articles.)

By Dr. Anthony Rosselli, Texas A&M University — Commerce; Anthony.Rosselli@tamuc.edu

FORE! Those four letters are often the only thing that alerts spectators attending golf tournaments that danger is heading their way. With professional golfers swinging the golf club at upwards of 120 miles per hour sending the ball and average of 295 yards (Wilco, 2018) and professional long drive competitors swinging up to 150 miles per hour, a small hard golf ball can become a dangerous projectile with serious potential for catastrophic injury. In this article, I will examine the courts’ stance on assumption of risk for spectators, provide real-world examples of injuries within golf, and provide potential safeguards to minimize risk for spectators.

Assumption of Risk – Spectators

When sports fans head to the game, there are certain assumptions that are inherent to the nature and type of sport being viewed (Augustine, n.d.). Objects and equipment regularly leave the regular area of play and find their way into the stands. For example, in NHL Hockey, a study of 127 games found that 122 people were injured by hockey pucks leaving the ice (Winslow & Goldstein, 2007).

Historically, the courts have upheld that the spectator assumes the risks inherent within the sport of golf when they go to watch a golf tournament. Namely, a spectator expects golf balls to fly in his/her direction on occasion. Fans often line the greens and some sit within 60 feet of the flagstick. Professional golfers are prone to miss-hit the golf ball (although a bad shot alone is not grounds for liability, see Bartlett v. Cheduhar, 1992, and Savell, 1998) and a slight miscalculation of the wind, elevation, or force necessary to hit the ball can cause a spectator to be hit. More often than not, the golfer gets away with an apology and a signed glove or ball. Some fans even take it as a badge of honor to be hit by one of their favorite golfers. For golfers directly around the green, it is expected that they are prepared for a ball to be hit towards them (the flagstick is within their line of sight), and the courts do not protect spectators in this case (DeVoto, 1993). Furthermore, the professional golf tours do their diligence to inform golfers that errant golf balls may come their way. The risks associated with golf are printed on the backs of the tickets in a disclaimer that states spectators “voluntarily assume all risk and danger incidental to the game of golf” (Ralph, 2018, para 6). For a detailed examination of spectator injuries due to errant golf shots and the courts’ rulings, see Tonner, Sawyer, and Hypes’ (1999) review and Lee (2014).

Also working against the spectator is the fact that the golfer’s duty to warn others when a shot is hit offline is not upheld when the injured party should be aware that the golfer is about to hit or they are so far out of the intended path of play that they are ‘reasonably safe’ (see Cavin v. Kasser, 1991). It could be argued that golfers who know their tendency to hit an errant shot should be responsible for hitting a spectator, fellow golfer, etc. and failing to warn said party. However, in Thompson v. McNeil, “the Supreme Court of Ohio held that negligent conduct of a golfer could not result in liability” (DeVoto, 1993, para 10). In a more bizarre example (Ludwikoski v. Kurotsu, 1995), a bystander was sitting in their car in a driveway across the street from a golf course. An errant ball subsequently hit the bystander and the offending golfer was sued. The courts could not find evidence of negligence on the part of the golfer in this case. In short, the road is long and uphill for a plaintiff in a negligence case against a golfer, course owner, or sponsor.

Example from 2018 Ryder Cup

Perhaps the most recent case that has received much publicity comes from the 2018 Ryder Cup tournament held in Paris, France. American golfer Brooks Koepka (the number 3 ranked golfer in the world at the time) hit a shot that went offline. Spectator Corine Remande was struck in the eye, resulting in permanent loss of vision in that eye (McCann, 2018). The European Tour claims that “fore” was yelled after it was evident the ball was heading offline, but Remande claims to not have heard the warning. Furthermore, Koepka stated that, “You can yell ‘fore’ but it doesn’t matter from 300 yards, you can’t hear it” (as cited in McCann, 2018). Remande says she is contemplating legal action.

Example from World Long Drive Competition

World Long Drive competition has also gained in popularity in recent years. These competitions (featuring both men’s and women’s divisions) showcase the competitors’ ability to hit a golf ball as far as humanly possible. Some golfers hit the ball over 500 yards during competition. For these athletes, the golf ball can leave the club head at over 220 miles per hour (James, 2017). While long drive does not have spectators lining the fairway where the golfers are hitting their balls (and the ball itself is not the hazard relevant here), the actual golf club itself has become a projectile on more than one occasion. Spectators at World Long Drive events view from the back and sides of the golfer. During one competition, competitor Wes Patterson snapped his club shaft across his back on his follow through swing. The club then flew into the stands where spectators were watching as the ball flew down the fairway, completely oblivious to the flying projectile coming their way (Kerr-Dineen, 2017). As this example demonstrates, this fiberglass projectile is even more dangerous due to the nature of the spectator’s actions during this event. As soon as the golfer hits the ball, their line of sight transfers from the golfer to follow the golf ball down range. Spectators who are not directly behind the golfer are no longer viewing the golfer after the ball is hit. This incident could have caused serious injury to the spectator and all were fortunate that no injuries resulted.

Discussion

As demonstrated above, the law is not on the side of the spectator of sporting events (in general). However, golf is different from any other spectator sport. The playing area is immensely larger than a basketball court, hockey rink, football field, baseball diamond, etc. and the action is often coming from all different sides at the same time. Whereas in baseball and hockey (the sports with perhaps the closest similarities to golf, i.e., projectiles flying towards the path of the spectator), the golf spectator can potentially have multiple projectiles heading their direction at any point in time. Furthermore, in the case of World Long Drive competitions, the spectator follows the golf ball as it is hit down range. This is the natural spectator action inherent in this activity. Due to the positioning of the long driver in relation to the spectator, there is no reason for the patron to continue watching the golfer after the ball is hit. This is the inherent risk associated with this particular sport. As demonstrated earlier, when the golf shaft breaks and flies into the audience, the spectator is not watching the golfer, but rather following the path of the golf ball.

Perhaps it is time for golf sports to reconsider spectator safety. A potential solution for World Long Drive is to install plexiglass barriers (similar to those found at a hockey rink) to protect the patrons from flying golf shafts. On the traditional golf course, this becomes unreasonable. However, there are other measures that could be taken to encourage patrons to pay more attention to their surroundings. In the past, the PGA Tour has banned the use of cellular phones during tournaments. At some tournaments, patrons had to turn in their devices at the entrance gate and can retrieve them as they leave, or use them only within a designated space (usually far away from the potential of flying golf balls). However, the PGA Tour has since relaxed this policy (Heath, 2018). Other measures could include more Marshalls on the fairways whose responsibility it is to alert patrons when golf balls are incoming (the professional tours already utilize wands from the tee box to indicate the direction the ball is travelling (either down the fairway, to the right, or to the left of the fairway) to try and warn spectators. More voices and eyes are always beneficial to alert fans. Finally, professional golf tournaments could institute more announcements and reminders to patrons to pay attention to golfers, Marshalls, and their surroundings while within the field of play. Similar to the PSAs at basketball games, in which the announcer reminds fans to avoid certain behaviors, ticket takers could repeat a standard warning statement to each patrol as they take their ticket. This is just one further method of informing the spectator of the inherent risk of the activity that serves to protect all parties. In any case, the law is not on the spectator’s side and does not appear to be anytime soon.

References

Augustine, L. (n.d.). Who is responsible when spectators are injured while attending professional sporting events? Retrieved from: https://www.law.du.edu/documents/sports-and-entertainment-law-journal/issues/05/05-Augustine.pdf

Bartlett v. Cheduhar, 479 N. W. 2d. 321, 322, 323 (1992).

Cavin v. Kasser, 820 S. W. 2d. 647, 650 (1991).

DeVoto, L. J. (1993). Injury on the golf course: Regardless of your handicap, escaping liability is par for the course. The University of Toledo Law Review, 24(4). Retrieved from: http://rossettidevoto.com/articles/injury-on-the-golf-course/

Heath, E. (2018, March 9th). Are fans allowed mobile phones on the PGA Tour? Golf Monthly. Retrieved from: https://www.golf-monthly.co.uk/features/the-game/are-fans-allowed-mobile-phones-on-the-pga-tour-152052

James, J. (2017, October 3rd). Champion’s corner: World Long Drive’s increasing relevance in the golf landscape. Retrieved from: https://www.worldlongdrive.com/news/champions-corner-world-long-drives-increasing-relevance-golf-landscape/

Kerr-Dineen, L. (2017, September 6th). Golfer snaps driver, hits a fan at the World Long Drive competition. USA Today. Retrieved from: https://ftw.usatoday.com/2017/09/golfer-snaps-driver-and-hits-a-fan-at-the-world-long-drive-competition-video-highlights

Lee, K. (2014). Court decisions regarding golf-related injuries: A quantitative content analysis and binary logistic regression. (Unpublished doctoral dissertation). University of New Mexico, Albuquerque, NM.

Ludwikoski v. Kurotsu, 875 F. Supp. 727 (1995).

McCann, M. (2018, October 2nd). Breaking down a potential lawsuit after Ryder Cup fan loses vision from errant shot. Sports Illustrated. Retrieved from: https://www.si.com/golf/2018/10/02/ryder-cup-spectator-brooks-koepka-eye-injury-lawsuit

Ralph, P. (2018, October 9). What happens after ‘fore’? Injured fans face legal hurdles in golf-ball lawsuits. Retrieved from: https://www.golf.com/tour-and-news/2018/10/09/spectators-legal-hit-golf-ball/

Savell, L. (1998). Litigious links. Golf Magazine, 40(2), 96-97.

Tonner, C., Sawyer, T. H., & Hypes, M. G. (1999). Legal issues in golf: A 25 year litigation history 1973-98. Journal of Legal Aspects of Sport, 9(2), 125-149.

Wilco, D. (2018, July 3rd). How driving distance has changed over the past 40 years on the PGA Tour. Retrieved from: https://www.pga.com/news/pga-tour/how-driving-distance-has-changed-over-past-40-years-pga-tour

Winslow, J. E., & Goldstein, A. O. (2007). Spectator risks at sporting events. The Internet Journal of Law, Healthcare, and Ethics, 4(1). Retrieved from: https://print.ispub.com/api/0/ispub-article/4003

SRLA Announces Headliner for Its Annual Conference in Philadelphia

Sports Law Expert Posted on by

The Sports and Recreation Law Association (SRLA) has announced the keynote speaker for its upcoming annual conference to be held in Philadelphia February 27 to March 2.

Headlining the conference, which is the largest gathering of sports law professors in the world, will be Andrew Brandt, a nationally-recognized and highly accomplished sports executive.

Brandt is Professor of Practice and Executive Director of the Moorad Center for the Study of Sports Law at Villanova Law School. Along with his law school responsibilities, Brandt has become a trusted advisor and asset to the Villanova Athletics Department. Brandt serves on the school’s Professional Sports Counseling Panel and advises student-athletes on the business of sports and, where appropriate, advises on agent selection. Brandt also serves on the university’s Strategic Planning Committee for the Athletics Department.

A graduate of Georgetown University Law School, Brandt got his start in the industry at ProServ, Inc., representing top athletes, such as Michael Jordan, Patrick Ewing and Boomer Esiason. He then became General Manager of the Barcelona Dragons in the NFL’s World League, introducing American football to Spain. Following the suspension of the World League, Brandt returned to player representation for Woolf Associates, representing NFL players including Matt Hasselbeck, Adam Vinatieri and Ricky Williams. Brandt left the agent side for the team side when he was named Vice President of the Green Bay Packers from 1999-2008. There, he negotiated all player contracts, managed the NFL Salary Cap and handled all football business operations in building a team that has continued to have sustained success. Brandt also consulted and negotiated contracts for the Philadelphia Eagles from 2009-2010.

Brandt will speak at the luncheon on February 28. The full agenda, which feature presentations on the topical issues in sports law, can be viewed here: http://www.srlaconference.com/wp-content/uploads/2013/03/SRLA2019ConferenceSchedule_CURRENTLYONWEBSITE_1213.pdf

Those who would like to register for the conference can do so here: http://www.srlaconference.com/registration/

Mitten Wins AALS’ Section on Law and Sports Award

Sports Law Expert Posted on by

Matt Mitten, one of the sports law industry’s most respected leaders, has received the Association of American Law Schools’ Section on Law and Sports Award for excellence in legal education. Mitten is a Professor of Law and the Executive Director of the National Sports Law Institute at Marquette University Law School in Milwaukee, Wisconsin. He currently teaches Amateur Sports Law, Professional Sports Law, Sports Sponsorship Legal and Business Issues Workshop, Antitrust Law, and Torts, and has also taught Comparative Sports Law, International Sports Law, Legal Ethics and Professional Responsibility, and a Sports Law seminar during his 28-year teaching career.

MAC Safety Finds Its Niche in the Sports Industry

Sports Law Expert Posted on by

When Kevin Miranda completed his Master of Business Administration from Cornell University’s Johnson Graduate School of Management, he considered his options.

One road led to a prosperous career in the financial services industry, where connections in the Northeast would most assuredly open some doors. But it was the other road that intrigued him.

For more than a decade, Kevin had a front row seat to what his dad, Chris Miranda, had started and was building at MAC Safety Consultants, Inc. Chris Miranda was slowly building a safety consulting business, at the time, which was developing a national footprint.

So Kevin took the leap, and hasn’t looked back. He has risen up the chain to chef operating officer of what has become arguably the largest safety consulting company in the country, serving industries such as sports, transportation, oil and gas, chemical manufacturing, industrial manufacturing, power plants, nuclear plants and many others.

Kevin – who oversees the design, enhancement, implementation, reporting, and oversight of the firm’s financials, operations, human resources, and compliance at the company – attributes the success of the company to the culture that Chris has built.

“What I have noticed since I joined the company is that Chris treats every employee like family, not just me,” said Kevin. “That’s not easy with 70 employees, but he somehow does it.”

In a phone interview with the two, Chris addressed the reasons for the company’s success.

“Loyalty goes both ways. You can’t expect your employees to be loyal to your company if you are not loyal to them,” he said. “That approach has created an atmosphere where there is a lot of pride in being the 24th employee here. Just as there is pride in being the 70th employee, because they know more will follow in their footsteps.”

This approach has led to some impressive internal numbers. MAC Safety retains over 95 percent of its employees year-over-year, compared to the industry standard of closer to 50 percent. Having employees that take ownership and are vested to represent the company’s services and solutions, like the Culture Assessment Tool, has been a catalyst for growth, even without a single sales person in staff, according to Chris.

Another catalyst has been Chris’ insistence in offering the marketplace what he calls “a customized business solution” that is tailored to the specific needs of the company’s clients.

“We recognize that every business or worksite brings its own unique challenges to day-to-day tasks,” he said. “Our team is experienced across a spectrum of industries. They can take the best practices from one industry and assess whether those practices may be applicable for a client in a different industry.

“In addition, we have such a deep bench in that our employees know what the strengths of other team members are and can reach out across industry lines to source that expertise. This is something you don’t get at smaller firms.”

The last ingredient in the recipe is the company’s mission.

“Our goal is to promote worksite safety practices and procedures that minimize injury, while also preserving the financial success of our clients. Its been a formula that has served as the foundation of our success and will remain an integral philosophy of this company going forward.”

Sports Lawyer Christian Dennie Named a Fellow by the Chartered Institute of Arbitrators

Sports Law Expert Posted on by

Christian Dennie, of Barlow Garsek & Simon, LLP, was recently named a Fellow by the Chartered Institute of Arbitrators.  The Chartered Institute of Arbitrators is a leading professional membership organization providing credentialing and education for arbitrators and practitioners around the world.

The Chartered Institute of Arbitrators considers Fellows to have an “outstanding commitment to achieving the highest levels of knowledge, skills, and behavior.”

Dennie is a Fort Worth-based sports lawyer and adjunct professor of sports law. He has tried more than 50 cases, bringing them before judges, juries, administrative panels, and arbitrators, and has argued before courts of appeals and administrative bodies. He has also served as an arbitrator in more than 180 cases and a mediator in dozens of cases. He has represented clients on both sides of the docket including individuals, sports organizations and associations, institutions of higher learning, amateur and professional athletes, coaches, conference offices, sports agents, sports agencies, employers, employees, Fortune 500 companies, start-ups, publicly traded companies, privately held companies, nonprofits, religious organizations, municipalities, property owners, construction companies, developers, banks, real estate brokers and agents, and landlords and tenants.

Prior to joining BGS, Dennie worked in the athletics departments at the University of Oklahoma and the University of Missouri. Since his return to private practice, Dennie has continued to work with and advise clients in the sports industry, including professional athletes, student-athletes, coaches, conference offices, institutions, recruiting services, sports equipment providers and retailers, sports unions and trade associations, and professional sports franchises and related entities, in litigation, NCAA investigations and compliance matters, drug test appeals, Title IX investigations, and negotiating and drafting agreements such as sponsorship, marketing, facilities agreements, coaches contracts, drug test policies, conference and association constitutions and bylaws, sexual harassment and misconduct policies, and collective bargaining agreements.

Dennie also commonly works with coaches and current and retired athletes in career planning and structuring, branding, estate planning and asset protection, non-profit formation, and corporate formation. Dennie has represented clients in sports including baseball, basketball, boxing, cross country, crossfit, equestrian, fencing, fishing, football, futsal, golf, gymnastics, hockey, lacrosse, mixed martial arts, quidditch, rowing, soccer, softball, swimming and diving, tennis, taekwondo, track and field, volleyball, water polo, and wrestling.

Dennie has also conducted investigations for fraud, embezzlement, sexual misconduct and sexual harassment, violations of NCAA rules, alleged improper treatment and harassment of athletes, construction fatalities, and misconduct in secondary private schools and religious organizations.

Exclusive – An Analysis of What the Deal Between MLB and the Cuban Baseball Federation Means to the Sport

Sports Law Expert Posted on by

By Jordan Kobritz

Major League Baseball (MLB) and the players’ union (MLBPA) have reached an agreement with the Cuban Baseball Federation (FCB) that would legalize the transfer of baseball players from the Caribbean island to MLB.

The three-year deal would create a posting system similar to the agreements MLB has with Nippon (Japan) Professional Baseball, the Korea Baseball Organization, and the Chinese (Taiwan) Professional Baseball League.  The deal requires the FCB to release a player with at least six years of service time in Cuba or who is at least 25 years old if they want to sign with an MLB team.

In exchange, the FCB would receive a fee from MLB equal to 25 percent of a player’s signing bonus if he signs a Minor League contract and a payment of 15-25 percent based on a graduated scale of the signing bonus if the player signs a Major League contract.  The payment system mirrors MLB’s arrangements with Japan, Korea and Taiwan, with one exception.  Instead of paying the fee to the player’s former team, the payment goes to the FCB, which has agreed to use it for baseball development purposes in Cuba.

In all the agreements with baseball governing bodies in other countries, players under 25 are subject to a MLB team’s international signing bonus pool, which serves to limit the amount of the bonus.  Players 25 and over are deemed to be international free agents under the Collective Bargaining Agreement with no limits on the amount of signing bonuses.

Cuban players would automatically qualify for a work visa in this country, have the right to bring family members with them, and could return to Cuba at will.  In addition, players could play in the Cuban National League in the off-season and represent their country in international tournaments with the permission of their MLB team.  MLB and the players’ union still have work to do on the details of the pending agreement, including the specifics of posting players and how and when scouts will be permitted to evaluate them.

Other highlights of the agreement include a provision to resolve disputes between MLB and the FCB through neutral arbitration before the International Chamber of Commerce.  FCB Players may also elect to be represented by a registered player agent when negotiating a contract with an MLB Club.

The purpose of the agreement, according to statements issued by MLB Commissioner Rob Manfred and MLBPA Executive Director Tony Clark, is to end the human trafficking of Cuban players to the United States.  A number of Cuban players have deserted their country only to embark on dangerous journeys at the mercy of smugglers and drug lords looking to earn hefty fees.  Stories of their harrowing escapades in the media and court cases have led to backlash against MLB and cries to reform the system.  However, MLB stands to benefit as well from a more orderly process of obtaining talent from Cuba, in addition to a vastly cheaper one.

Despite the positive tone of the announcement, the U.S. government must approve the deal, which is no sure thing.  The United States maintains a trade embargo with Cuba, which has been strengthened in certain respects under the Trump administration. At least three governmental bodies oversee interactions with Cuba: the Departments of State and Treasury and the National Security Council, all of which may weigh in during the approval process.

MLB believes the proposed arrangement is permitted under provisions of a general license it received from the Treasury Department’s Office of Foreign Assets Control (OFAC) in 2016.  Furthermore, U.S. law requires payments be made only to independent entities in Cuba, not to the Cuban government, similar to International Olympic Committee (IOC) rules.  The IOC has determined that the FCB is independent of the central government.

However, the Trump administration and a number of Cuban-American Congressmen immediately criticized the arrangement.  Should OFAC revoke MLB’s license, it would signal a major shift in policy that could affect many other companies currently doing business in Cuba, including Jet Blue, American Airlines, Delta Airlines and Western Union, among others.  If the agreement be scuttled, Cuban players who choose to defect would most likely continue to be smuggled out of the country.

The hope is after the grumbling and threats subside, the deal will be approved, paving the way for an agreement three years in the making that would improve the lives of Cuban players, their families and the baseball playing youth in Cuba.

Jordan Kobritz is a non-practicing attorney and CPA, former Minor League Baseball team owner and current investor in MiLB teams.  He is a Professor in the Sport Management Department at SUNY Cortland and maintains the blog, sportsbeyondthelines.com.  The opinions contained in this column are those of the author.  Jordan can be reached by email at jordan.kobritz@cortland.edu

Latest Issue of Sports Litigation Alert Marks 15 Years

Sports Law Expert Posted on by

Sports Litigation Alert celebrated 15 years with the latest issue that was published last night.

Here’s the Table of Contents as the publication takes its customary holiday break:

Table of Contents

Case Summaries

Articles

News Briefs