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SPORTS AND ENTERTAINMENT

"The quality of a person's life is in direct proportion to their commitment to excellence, regardless of their chosen field of endeavor."

    --  Vince Lombardi

Sports and entertainment law is a growing body of law that requires unique knowledge and understanding of the sports community.  With an inside view of the sports world, the Firm has the perspective and knowledge to help clients identify and respond to emerging trends in the industry. The firm has proven experience in sports-related disputes and negotiations.  The Firm has the knowledge and experience to represent professional and amateur sports organizations, entities, administrators, and athletes in a variety of transactions and legal disputes, including, commercial litigation; contractual disputes; licensing, media, and sponsorship agreements; real estate acquisition and leases; preparation of policies and procedures; labor and employment issues; and many others.  Professional and amateur sports organizations, schools districts, institutions of higher learning, sports related businesses, media personalities, coaches, and athletes cannot afford to be without knowledgeable and effective legal counsel.  The Firm's vast experience in the sports industry has involved representation in matters involving, for example, baseball, basketball, boxing, cross country, crossfit, fishing, football, futsal, golf, gymnastics, hockey, lacrosse, rowing, soccer, softball, swimming and diving, tennis, track and field, volleyball, and wrestling.

 

Amateur Sports

Amateur sports are growing at a rapid pace and media outlets are becoming more concentrated with amateur sporting events. The Firm is uniquely qualified in its ability to counsel school districts, financial institutions, athletes, amateur sports organizations, event organizers, and governing bodies in a variety of areas, including, radio and television agreements; facilities agreements; licensing, media, and sponsorship agreements; contractual issues; and publicity surrounding amateur sporting events.

 

Representation of Coaches

A coach’s success is of vital importance.  The Firm offers creative advice and counsel that can help you succeed personally and professionally.  The Firm provides business and legal solutions to coaches on a wide array of issues including: negotiation of contracts and employment matters, career management, representation involving NCAA compliance matters and other investigative matters, marketing and endorsement opportunities, and quick and decisive legal strategy in times of crisis and scandal.  The Firm's goal is to see each coach maximize financial opportunities, locate the best opportunity that will allow the coach to flourish personally and professionally, and manage your career with you.

 

Labor Unions and Trade Associations

The Firm actively represents labor organizations and trade associations in, among other things, negotiations and disputes with employers and professional bodies.  The Firm has been actively involved in collective bargaining negotiations and representing unions and trade associations and members in disputes and grievances with employers.  Additionally, the Firm provides counsel to labor unions and trade associations on a number of other matters including barter agreements and sponsorship agreements, entity creation and filing, non-profit status, tax matters, and a number of other matters.

 

Professional Athletes and Athlete Representatives

Professional athletes are bombarded with requests and demands on their time and pocketbooks. The Firm has counseled and worked with professional athletes on a number matters including pre-nuptial and post-nuptial agreements, career counseling, right of publicity matters, ICANN disputes, sponsorship agreements, and preparing wills and trusts.  The Firm advises and prepares professional athletes and their representatives for major business decisions.  Additionally, the Firm represents professional athletes and their representatives in litigation before a number of tribunals including state and federal courts and arbitration panels including matters relating to salary arbitration, grievances, and appeals from decisions of governing bodies and teams.

 

Athletics Business Matters, Bargaining, and Litigation

Over the course of the last twenty years, agreements relating to athletics have changed from “handshake” deals to heavily negotiated contractual agreements and litigation has increased substantially.  The Firm has provided counsel to major professional sports franchises, public and private institutions, sports unions, amateur sports organizations, athletes, and several other athletic-related entities in a variety of disputes and business matters.  Additionally, the Firm provides counsel and support on a wide range of matters impacting athletic-related businesses, including, but not limited to, negotiation and preparation of employment agreements for coaches and administrators; negotiation and preparation of radio and television agreements; negotiation and preparation of licensing, media, and sponsorship agreements; drug test policies; negotiation and preparation of bowl game and championship event agreements; negotiation and preparation of facilities agreements; collective bargaining; intellectual property protection; antitrust disputes; litigation and dispute resolution; economic development initiatives; and real property transactions.

 

Apparel, Equipment and Athletic Service Businesses

Professional sports organizations and the NCAA heavily regulate the use of athletic apparel, equipment, and services in professional and intercollegiate athletics, respectively. Athletic apparel, equipment, and service companies desiring to have their products and services made available to professional sports franchises and NCAA member institutions will need counsel with working knowledge of professional and NCAA rules and governance to guide them through the requirements necessary to sanction their products. The Firm will assist athletic apparel and equipment companies in obtaining approval by explaining the sanctioning process, determining required technical specifications pursuant to organization rules, and making product presentations to appropriate committees.

Other Sports and Entertainment Matters

The Firm offers a litany of services to athletes and entertainers, coaches, sports organizations, teams and clubs, leagues, and colleges and universities that can found found on the following pages: Appellate, Arbitration and Mediation, Athletes in Business, Business and Commercial Litigation, College Sports and NCAA, Corporate, Crisis Management, Drug Testing and Doping Disputes, Estate Planning and Asset Protection, Employment and Labor, Intellectual Property, Investigations in Sports and Entertainment, Loss of Value and Disability Disputes, Name, Image, and Likeness, Nonprofits, and Real Estate and Construction.

REPRESENTATIVE EXPERIENCE

The following are examples of services previously provided (results may vary), but this is not an exhaustive list of prior representation:

Drug Testing/Anti-Doping

  • Represented athletes in drug test appeals relating to the alleged ingestion of performance enhancing substances before various administrative and governing bodies and tribunals.

  • Drafted an institutional drug testing policy to be administered to university athletes and provided education to university athletes on banned and prohibited substances.

  • Monitored and oversaw the drug testing policy for a university and provided education to athletes on performance enhancing drugs, banned substances, and testing procedures.

 

Investigations

  • Represented institutions, coaches, student-athletes, and boosters throughout the country in a variety of NCAA investigations relating to eligibility, amateurism, gambling, financial aid, recruiting, and other NCAA legislation.

  • Conducted independent investigations on behalf of Division I institutions regarding the alleged improper treatment and harassment of student-athletes by members of the coaching staff.

  • Represented college coaches in investigations conducted by the institution relating to alleged violations of Title IX and cleared the coach of any wrongdoing.

  • Represented college coaches in alleged internal policy violations, sexual harassment and misconduct, harassment, Title IX violations, and player treatment matters.

  • Conducted investigations for fraud, embezzlement, sexual misconduct and sexual harassment, and construction fatalities in the construction industry, secondary private schools, and religious organizations.

 

League Governance

  • Represented professional sports leagues and college conferences and drafted franchise agreements, purchase agreements, constitutions and bylaws, league and event rules, facilities use agreements, sponsorship agreements, and alternative dispute resolution procedures.

  • Represented professional sports leagues and college conferences in disqualification disputes, disputes relating to distribution of revenue, and conference realignment.

  • Drafted recruiting manuals, compliance manuals, drug test policies and procedures, sexual misconduct and harassment policies, and athlete-agent programs and applications in compliance with NCAA, institutional, and state regulations.

  • Represented professional fishing event organizer, including Oakley Big Bass Tour and GoPro Red Fish Cup, and drafted waivers for events such as participant agreements and waiver of likeness, advised the organization on disqualification decisions, drafted and negotiated sponsorship agreements and buyouts thereof, and drafted event rules and regulations.

  • Drafted wrestler agreement, employee handbook, non-compete agreements, and arbitration agreements for a wrestling organization that offers training and events throughout Texas.

  • Represented youth baseball league in dispute regarding the disqualification and reinstatement of a coach.  Also developed bylaws and policies and procedures.

  • Drafted constitution and bylaws for the governing body of an emerging sport with competitions in forty (40) countries and legally organized and filed for non-profit status.

  • Drafted employment agreements for a minor league office for executives.

 

Athletes and Coaches

  • Represented and defended a professional athlete in civil litigation in which the athlete was accused of injuring an individual and obtained dismissal of the case within 30 days without the athlete providing any form of compensation to the plaintiff.

  • Represented college football star and NFL player in a dispute relating to his loss of value insurance policy.

  • Drafted agreements for professional athletes involved in physical altercations to settle matters prior to suit being filed.

  • Provided counsel for athletes and coaches for estate planning, entity formation, and asset protection including drafting of wills, trusts, limited partnerships, limited liability companies, non-profit organizations, and other entities.

  • Represented coaches in their career progression and branding including the negotiation and drafting of employment agreements.

  • Represented student-athletes throughout the country in a variety of NCAA compliance matters and prepared waivers of NCAA and conference rules relating to eligibility, amateurism, medical hardships, gambling, financial aid, recruiting, NLI appeals, drug test appeals, and other NCAA legislation.

  • Drafted cease and desist letters for athletes seeking to protect their intellectual property holdings and rights of publicity.

 

Professional Sports

  • Represented a professional sports franchise and related entities in fan behavior litigation in which a fan was injured prior to an event and alleged the professional sports franchise failed to provide proper security and policies and procedures for injuries that occurred on premise.

  • Defended and obtained a take nothing summary judgment securing the dismissal of inverse condemnation claims under the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution and state law private nuisance claims in federal court on behalf of a municipality pertaining to the construction of Dallas Cowboys Stadium (now AT&T Stadium) and the traffic management plan for events. Defendant’s summary judgment was affirmed by the Fifth Circuit on appeal.

  • Represented sports industry insurance broker in negotiations and documentation with the top ranked golfer in the world for various asset protection and injury policies.

 

Unions and Trade Associations

  • Served as general counsel, chief administrator, and chief negotiator for a union overseeing the interests of professional golf officials in collective bargaining negotiations, negotiations with third-parties for marketing and sponsorship agreements, employee grievances, litigation, and reorganized the union and obtained non-profit status.

  • Served as general counsel, chief administrator, and chief negotiator for a trade association overseeing the interests of professional golf caddies in negotiations with the PGA Tour, negotiations with third-parties for marketing and sponsorship agreements, and organized and filed for non-profit status.

  • Served as general counsel, chief administrator, and chief negotiator for a union overseeing the interests of professional golf statistics and scoring administrators serving on the ShotLink staff in obtaining certification as a union, collective bargaining negotiations, employee grievances, and obtained non-profit status.

 

Equipment, Apparel, Service Providers, Agencies, and Media

  • Defended and represented an apparel manufacturer in a matter brought against the company by a professional athlete arguing that his right of publicity had been violated including such representation in ICANN proceedings.

  • Represented a high school football recruiting service with a regional television show regarding issues with NCAA compliance, drafted waivers of liability, reviewed and drafted other contractual agreements including broadcast agreements, asset purchase agreements, consulting agreements, and filed and protected its intellectual property holdings through cease and desist communications.

  • Represented and advised athlete agents before administrative and regulatory bodies relating to alleged improper recruiting practices.

  • Served as outside general counsel to a sports agency.

  • Represented and advised a sports media company in issues involving First Amendment, intellectual property rights, parodies, right of publicity, advertising, disputes with NCAA member institutions, and contracts.

 

Sponsorship and Facilities

  • Drafted and negotiated sponsorship and player agreements for a traveling street basketball tour with a national television show and an international tour including agreements for street ball legends and former NBA stars.

  • Represented an international sports agency in a litigated dispute with a client whereby the client failed or refused to pay for services rendered in obtaining and engaging a title sponsor of a professional golf tournament.

  • Drafted and negotiated sponsorship agreements for an association of golf caddies for products to be used and worn during PGA Tour events.

  • Drafted and negotiated sponsorship agreements and ground leases for a new university golf course and facilities. 

  • Drafted and negotiated facility use agreements for a college conference hosting football festivals held at an NFL stadium and agreements relating to the men’s and women’s basketball championship events.

  • Drafted facility use agreements, suite agreements, and sponsorship agreements for college facilities relating to competitions at the facility, music events, and other use of the facilities.

  • Advised sponsorship executive on a fee dispute involving a national advertising/sponsorship campaign.

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