Fredric G. Levin College of Law



Sports LawUniversity of Florida Levin College of Law Fall 2015Tuesdays, 6:00 PM – 7:50 PM Synchronous OnlineFirst Class: Tuesday, August 18, 2015Adjunct Professor Darren A. Heitner, Esq.Darren@ or Heitner@Tel. 954-558-6999Course Description: Sports Law is its own, unique practice with substantive law and procedural matters that are independent from any other discipline. However, it also often intersects with a variety of other, formally established areas of the law, including but not limited to Contract Law, Labor Law, Intellectual Property Law, First Amendment Law, Family Law, Criminal Law, etc. Thus, it takes at least a simple understanding of a variety of legal principles, doctrines and formalities to receive a real appreciation for all of what Sports Law has to offer. In a limited time span, this course will dive into various important case law, transactional tips and trends, as well as explore the always interesting sports agency industry. Negotiation strategies, contract-drafting techniques and litigation-related resolutions will be explored throughout the course and guest speakers will also be invited to join us, on dates to be determined. Reading Assignments: There required textbook for this course is Darren Heitner's How to Play the Game: What Every Sports Attorney Needs to Know (American Bar Association 2014). Attached is a list of topics that will be covered in class. There are 9 primary topics, some of which have sub-topics, and 14 class sessions. We will generally cover one topic per class, with those topics having sub-topics lasting more than one class. Class Participation: The class will be highly focused around classroom participation including participation within the class in general, and within your group in particular, as you prepare for the Final Take Home Exam (see below). As such, class participation will count for 20% (approximately) of your final grade. Attendance each week is therefore mandatory and it is very important that you come to every class having done the reading and being ready to participate actively.Missed Class: If you miss one class, you will be allowed to complete a make-up assignment, which will consist of a 4-5 page summary of the Weekly Readings. If you miss more than one class, you will have to present a valid reason for missing a second class before being allowed to complete a make-up assignment.Grading/Final Take Home Exam: A Final (Take-Home) Exam will count for 80% (approximately) of the final grade, subject to the class participation component referenced above. The Final Exam will be handed out during the last class meeting.Independent Writing Projects: Professor Heitner encourages students to engage in Independent Writing Projects on selected topics relating to Sports and the Law, which topics are developed under his supervision. If you are interested, please contact Professor Heitner directly with your proposal, after receipt of which he will schedule a meeting to discuss your proposal.Syllabus: This Syllabus and the proposed weekly coverage of Syllabus materials are subject to change, as necessary, at Professor Heitner’s sole discretion.Course Syllabus and Required/Optional Reading Assignments ChecklistIn addition to the readings listed below, the TAs will compile and disseminate a list of “Week in Review” links prior to each week’s class. The Week in Review links will feature sports articles relating to topics covered in class. Weeks 1-2: The Power of Collective Bargaining Agreements and Litigation Related to SameReview of Course Syllabus/Course OverviewRequired ReadingHow to Play the Game, Chapter 1. NFL, MLB, and NBA Collective Bargaining AgreementsNFL: : NBA: Commissioner PowerThe New NFL Personal Conduct Policy - No Mistake: New NFL Personal Conduct Policy Keeps Roger Goodell Firmly In Control - of Decision In the Matter of Ray Rice - Ray Rice Discipline Brings To Light Poorly Drafted NFL Collective Bargaining Agreement - Constitution and By-Laws - Adam Silver’s Demand That Donald Sterling Sell The LA Clippers Is Not So Simple - NFL Concussion LitigationPlaintiffs’ Amended Master Administrative Long-Form Complaint - NFL’s Motion to Dismiss Amended Master Complaint - NFL Concussion Litigation: Breaking Down The NFL’s Persuasive Motion To Dismiss The Amended Master Complaint - Breaking Down The Proposed $765 Million NFL Concussion Lawsuit Settlement - Court Denies Preliminary Approval Of $760 Million NFL Concussion Settlement - NFL Concussion Lawsuit Settlement Agreement Stalled By Judicial Intervention - Concerns Remain With New NFL Concussion Settlement - Paint in the Head: The Official Helmet Company of the NFL’s Potential Liability in the Concussion Lawsuits - Other Concussion LitigationJudge denies preliminary approval of NCAA concussion settlement - Rachel Mehr, et al. v. FIFA, et al. - David Christian, et al. v. NHL - Lockouts and StrikesTom Brady et al. v. NFL et al. (2011) - NHL lockout over, but why did it take so long? - NFL, referees end lockout after reaching new labor deal - Baseball’s Arbitration SystemWilin Rosario memorandum drafted by Heitner Legal, P.L.L.C. to be provided to class on a confidential basis.Week 3: AmateurismRequired ReadingHow to Play the Game, Chapter 2. The NCAA’s ConceptNCAA official position - Right to UnionizeDecision and Direction of Election in Northwestern University and College Athletes Players Association - Likeness IssuesFindings of Fact and Conclusions of Law in O’Bannon v. NCAA, et al. - Decision in Bloom v. NCAA, et al. - Jurisdiction over AgentsUNC Football Agent Policy for 2012 - University of Miami Unveils Football Agent Policy Aimed At ‘Limiting Distractions’ - University of Washington Announces Agent Day and Restrictive Agent Policy - University of Illinois Statement of Policy - Confessions of an agent - NCAA Addresses Cam Newton’s Eligibility - NCAA president responds to Newton backlash - Corking the Cam Newton Loophole, a Sweeping Suggestion - Football Agent Terry Watson Facing 14 Felony Counts For Violating North Carolina Athlete Agent Law - Week 4: EthicsRequired ReadingHow to Play the Game, Chapter 6. An Offer They Should Refuse: Why Conflicts of Interest Raised by Dual Representation Among Player Agents is a Major Threat to the NCAA and Professional Leagues - Pegula Should Have To Sell Sports Agency To Buy The Bills - Darren A. Heitner and Bryan Saul, Jay Z Has 99 Problems, and Being a Sports Agent May Be One, 24 Marq. Sports L. Rev. 59 (2013) - Weeks 5-6: Sports AgencyRequired ReadingHow to Play the Game, Chapter 3. Fiduciary DutiesDuties of Sports Agents to Athletes and Statutory Regulation Thereof (7 Dartmouth L.J. 246 2009) - Prominent NFL agent Drew Rosenhaus scrutinized for relationship with former financial adviser - Agent RegulationsPlayers’ Association regulationsNFLPA Regulations Governing Contract Advisors (as amended through June 2012) - Regulations Governing Player Agents (As Amended Effective January 1, 2015) - NBPA Regulations Governing Player Agents (As Amended June, 1991) - Uniform Athlete Agents Act - Athlete Agents Statutes - Have Some Standards: How the Sports Agent Profession Should Be Effectively Regulated (NY State Bar Ent, Arts & Sports Journal, Vol. 21, No. 3, 2010) - Football v. Football: A Comparison of Agent Regulation in France’s Ligue 1 and the National Football League (2 Pace. Intell. Prop. Sports & Ent. L.F. 1 (2012) - NFLPA decertifies USC’s Teague Egan as an agent - Gary Wichard suspended 9 months - Jay Z Has Reason To Laugh About Geno Smith NFL Investigation - Cleodis Floyd can become NFL agent - Disputes between Agent/PlayerNFLPA: In The Matter of Arbitration Between Drew Rosenhaus and DeSean Jackson (4/10/14) - by Drew Rosenhaus to Confirm Arbitration Award against DeSean Jackson - Chad Morton v. Leigh Steinberg, et al. - Athletes Premier International v. Hendricks Sports Management - Rory McIlroy Sues Former Golf Agent Over Commissions Tied To Nike Contract - Terrell Owens suing former agent Drew Rosenhaus - Ramon Colon v. Hendricks Sports Management - Disputes between Agent/AgentPro Sports Consulting v. Robert Quinn, et al. - Willis & Woy Sports Group v. Horace Smith, et al. - Legal Battle Between Denver-based Sports Agents Includes Big Commissions and Large Expenditures - Dispute Over Larry Sanders Ruled In Favor Of New Basketball Agents - Football Agent’s Lawsuit Against Former Agency Asks Court To Void Parts Of Employment Agreement - Octagon Football Sued By Former Agent As Another Football Agent Departs From Company - Week 7: Gambling and GamingRequired ReadingHow to Play the Game, Chapter 5.The Professional and Amateur Sports Protection Act (PASPA)28 U.S. Code Chapter 178 - “The Plight of PASPA: It’s Time to Pull the Plug on the Prohibition” Gaming Law Review and Economics (2010) - Constitutionality of Sports Betting Prohibition at Issue in NCAA and Professional Leagues’ Lawsuit Against New Jersey - Of Justice Steps Into Fight Over Sports Gambling In New Jersey - NBA commish calls on Chris Christie to help him push for legalized sports betting in U.S. - Fantasy Sports, Online Poker, et al.Unlawful Internet Gambling Enforcement Act of 2006 Overview - U.S. Code Chapter 53, Subchapter IV - Daily Fantasy Sports Games Defend Legality Of Their Services - U.S. Government Seeks To Set Internet Poker Free...Through New Regulations - Online Poker Legislation: Coming To America Or Shipwrecked In Congress? - Online Gaming Legalized In New Jersey And Virgin, Others Building Virtual Boardwalk Empires - Weeks 8-9: Intellectual Property Matters (Trademark, Copyright, Right of Publicity, Cybersquatting)Required ReadingHow to Play the Game, Chapter 4.Lanham Act - ETW Corp. v. Jireh Publishing, Inc. - NBA Properties, Inc. et al. v. The Partnerships and Unincorporated Associations - Ohio State University v. Teespring, Inc. - Nike v. DBV Distribution, et al. - U.S. Soccer v. FRS - College Football Playoff Can’t Seem To Receive Trademark Registration - University Of Arkansas Trademarks The Hog Call - Loss Of Redskins Trademark Registration Is Overblown - Counterpoint: Today’s Redskins Ruling Is Critically Important, Could Divide NFL Owners On Future Use Of Team Name - Current NCAA Student-Athletes File For Federal Trademark Protection? - University of Florida Among Fashionable Fitness Company’s Extensive List Of Trademark Licenses - Football To Become Johnny Cash?: Protecting Manziel’s Intellectual Property And Ability To Cash-In - Johnny Manziel’s Trademark Battle: Johnny Football Vs. Juanito Futbol - Ryan Lochte’s Use of “JEAH” Is Challenged By Web Company With Prior Trademark Registration - U.S. Code: Title 17 - Copyrights - Is The NFL Committing Copyright Infringement By Using Photos Without Consent? - Concerning Copyright of Athlete Tattoos Has Companies Scrambling - Licensee Of LeBron James And Kobe Bryant Tattoo Artwork Preps To Profit Off Of Images - The Professional Athlete’s Right of Publicity - Fla. Stat. 540.08 - Javon Marshall et al. v. ESPN et al. - Nike v. Reebok (re: Tim Tebow) - Mike Spinner Sues Bell Helmets for $800k - The Anticybersquatting Consumer Protection Act: Key Information - New York Sports Teams On Watch For New Cybersquatters - The Brooklyn Nets Are Not Found At , But They Should Be! - Bosh’s Win Over Cybersquatter Frees 800 Domain Names - Weeks 10-11: Ethics and Drug TestingPart I: EthicsRequired ReadingHow to Play the Game, Chapter 6.Aaron Mintz v. Priority Sports - An Update On Aaron Mintz v. Mark Bartelstein; Mintz Initiates Another Lawsuit - Thank Andy Miller And Keith Glass For Bringing Back The Interference With Contractual Relations Tirade - Detroit Tigers Pitcher Andrew Oliver’s Former Advisors’ Actions May Represent Significant Threat To Baseball Agents - Part 2: Drug Testing and UseRequired ReadingHow to Play the Game, Chapter 7.Ex-players sue NFL alleging illegal painkiller use - Judge dismisses ex-players’ painkiller lawsuit against NFL - Albert Pujols files defamation lawsuit against Jack Clark - Pujols, Jack Clark reach resolution in PED allegations lawsuit - Brewers’ Ryan Braun agrees to 65-game suspension - NFL drug testing policies - Weeks 12: Contract Drafting and NegotiationRequired Reading: How to Play the Game, Chapter 8.How Football Agents Get Their Clients More Money - Morals Clauses as Corporate Protection in Athlete Endorsement Contracts - Nike’s Disassociation From Lance Armstrong Makes Nike A Stronger Brand - Are College Football Bowl Game Naming Rights Deals Providing A Real Return On Investment? - Negotiating, Drafting, and Implementing Naming Rights Agreements - Andrew Wiggins’ Creative Adidas Contract Includes Opt Out Provision - Weeks 13: AntitrustRequired Reading: How to Play the Game, Chapter 9.Donald T. Sterling v. NBA - Shariff Floyd, et al. v. NCAA, et al. - Part 2, Marshall v. ESPN: Former Student-Athletes Claim Violation of Sherman Antitrust Act (filed 10/3/14) - Minor League Ballplayers Sue Baseball in Labor-Antitrust Class Action - Does the NBA Still Have ‘Market Power’? Exploring the Antitrust Implications of an Increasingly Global Market for Men’s Basketball Player Labor - Week 14: Review of the CourseFinal Exam – hand out/review with class. Due at the end of Exam Period. ................
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