Established in 2016, this first-of-its-kind "Sports Law" podcast, is hosted by sports lawyers Dan Wallach (@WallachLegal) & Dan Lust (@SportsLawLust) and geared towards sports fans and attorneys, alike.
The Dans have become MUST-follows on Twitter/Instagram as they provide their thousands of followers with breaking news and analysis across the sports landscape at all hours of the day. Both appear regularly on shows nationwide including on ESPN, SiriusXM, CBS & FOX Sports.
SUBSCRIBE to THE Sports Law Podcast and go down the rabbit hole with the Dans each week as they issue-spot, dissect, and break down the biggest stories at the intersection of Sports & Law.
Be sure to FOLLOW @ConDetrimental on Twitter/Instagram and do not hesitate to send in any questions or topic suggestions to be covered on future shows. DM's are always open!
NIL Investigation Era: Tennessee & Spyre Sports; Florida & Gator Collective with On3’s Pete Nakos
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) and Mike Lawson (@MikesonofLaw) are joined by Pete Nakos (@PeteNakos_) to dive into the new era of NCAA NIL investigations.
Following the Florida State punishments for NIL violations, the NCAA has opened investigations into Tennessee and Flordia for violations related to boosters and NIL collectives. We discuss the NCAA's investigative reasons and the enforcement of the NIL guidelines. Florida's investigations have been ongoing for almost a year, with the new investigation of Tennessee.
The NCAA keeps having new fronts that they are battling on, as the Department of Justice joins the civil antitrust lawsuit against the NCAA regarding the transfer rules and portal.
***
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As always, this episode is sponsored by Themis Bar Review:
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Host:
Dan Lust (@SportsLawLust)
Producer:
Mike Lawson (@MikesonofLaw)
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1/31/2024 • 37 minutes, 19 seconds
Soccer Law (Man City & MLS), Barstool Non-Compete, Boutte Betting Arrest, Legal Coaching Carousel, WWE Complaint, and Hockey Canada
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Kravchenko (@mikekravchenko_) as the two move across the sports law landscape - from Barstool betting and more NFL players caught betting....the Rooney Rule...and more.
The duo of Bryce Goodwyn (@BryceGoodwyn) and Greg Termolle (@GregTerm) also join the show to explain what's going on in the soccer universe. Is Man City being dropped? We'll find out.
They close the day with what to watch for over the next few weeks as some criminal suits may be to come in WWE and Canada Hockey...
***
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As always, this episode is sponsored by Themis Bar Review:
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Host:
Dan Lust (@SportsLawLust)
Co/Producer:
Mike Kravchenko (@mikekravchenko_)
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1/26/2024 • 1 hour, 11 minutes, 55 seconds
Dolan/Weinstein Sex Trafficking Complaint; Irsay Found Unresponsive; Jim Harbaugh's "Unusual" Michigan Negotiation, and Latest NIL Hearing
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined Tarun Sharma (@tksharmalaw), and the duo dive into the deep end with new James Dolan/Harvey Weinstein Sex Trafficking allegations, NFL owners being found unresponsive, and more on the crazy world of NIL.
The two also discuss Jim Harbaugh's "Unusual" contract negotiation with Michigan as he continues to interview for NFL gigs as well.
There are huge implications across sports in this week's episode.
***
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As always, this episode is sponsored by Themis Bar Review:
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Host:
Dan Lust (@SportsLawLust)
Featuring:
Tarun Sharma (@tksharmalaw)
Producer:
Mike Kravchenko (@mikekravchenko_)
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1/19/2024 • 51 minutes, 33 seconds
FSU NIL Punishment, Gruden Case Update, CA’s Ohtani Tax Response, & ESPN Emmy Scheme w/ Amanda Christovich of FOS
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined Zach Bryson (@ZacharySBryson), and the duo provide some recent updates to the Gruden lawsuit, Ohtani's contract and its tax implications, and the pruported ESPN Emmy scheme.
Dan and Zach are also joined by special guest, Amanda Christovich of FOS (@achristovichh), to discuss the recent announcement by the NCAA regarding FSU's NIL violation, and the broader "health" of the NCAA.
***
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As always, this episode is sponsored by Themis Bar Review:
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Host:
Dan Lust (@SportsLawLust)
Producer/Guest:
Zachary Bryson (@ZacharySBryson)
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1/13/2024 • 1 hour, 2 minutes, 20 seconds
Kimmel-Rodgers Defamation Duel, McAfee-isms, Russell Wilson NFLPA Grievance, David Tepper, & Wander Franco
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Kravchenko (@mikekravchenko_) to kick off 2024 with a frenzy of new stories ranging from Jimmy Kimmel vs. Aaron Rodgers, NFLPA vs. the Denver Broncos, Pat McAfee remains at the top of headlines, and we get two cases of Conduct Detrimental in the NFL!
Dan and Mike close the day with a lightning round with fun stories including celebrities, athletes, and a view of the Knicks and Raptors trade that you may not have thought of
***
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As always, this episode is sponsored by Themis Bar Review:
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Host:
Dan Lust (@SportsLawLust)
Producer/Guest:
Mike Kravchenko (@mikekravchenko_)
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1/6/2024 • 1 hour, 18 seconds
Year in Sports Law: From NIL to Transfers and Pat McAfee to Dan Snyder
What were your favorite sports law stories of the year?
Welcome back to the intersection of sports and the law! On this final 2023 episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Lawson (@MikeSonofLaw) and Tarun Sharma (@tksharmalaw) to discuss the best college sports law stories of 2023.
Mike Kravchenko (@mikekravchenko_) joins Dan later in the episode to discuss the best pro sports law stories of the year.
From the crazy world of NIL and how that developed over the year... to how the transfer portal has changed college sports forever.... to Baby Gronk, Britney Spears, and the Washington Commanders saga coming to an end, it was a wild year for sports law. We're thankful you take the ride with us each and every week and wish you all a very Happy and Healthy New Year!
***
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Host:
Dan Lust (@SportsLawLust)
Featuring:
Mike Lawson (@MikeSonofLaw) // Tarun Sharma (@tksharmalaw) // Mike Kravchenko (@mikekravchenko_)
Producers:
Mike Lawson (@MikeSonofLaw) //
Mike Kravchenko (@mikekravchenko_)
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12/29/2023 • 1 hour, 13 minutes, 38 seconds
Ohtani’s Precedential Deferral; Ja Morant Goes To Court; LIV’s Exhibit “Rahm”; & Interview w/ Gavin the TRUE Dr. Pepper Contest Winner
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by John Nucci (@JNucci23), Zach Bryson (@ZacharySBryson), and Evan Mattel (@Evan_Mattel21) to cover topics across the board in sports law, from new LIV/PGA developments, Ohtani's unprecedented contract, to Ja Morrant's court (and courtroom) antics.
The team is also joined by special guest, Gavin White (@theGavinWhiteWX) to discuss his experiences in the Dr. Pepper Halftime Contest (58:30).
***
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As always, this episode is sponsored by Themis Bar Review:
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Host:
Dan Lust (@SportsLawLust)
Producer:
Zachary Bryson (@ZacharySBryson)
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12/15/2023 • 1 hour, 25 minutes
Charlie Baker's Reformed NCAA Proposal, FSU Legal Actions, & Dr. Pepper Halftime Show
Does the NCAA actually want to change their model??
Welcome back to the intersection of sports and the law! On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Lawson (@MikeSonofLaw) is and Tarun Sharma (@tksharmalaw) to discuss the latest surrounding the NCAA.
FSU gets snubbed from the College Football Playoffs. (2:00) FSU had an undefeated season and was ranked 4th going into the conference championship season. However, they ultimately fell to 5th place and Alabama took over the 4th place following their upset over Georgia. Florida Senator Rick Scott sent a demand letter to the committee for texts, emails, notes, etc. regarding their decision to snub FSU. Governor Ron DeSantis also stated that the state budget would put aside $1M for a possible lawsuit for FSU being left out of the playoffs. We break down the potential lawsuits that may emerge and analyze the CFP selection committee's decision to drop FSU.
During halftime of the Texas v. Oklahoma State football game, two participants competed in a halftime game in which they had to throw footballs into a target. (4:21) After video replay evidence, and a viral tweet by Dan Lust, Dr. Pepper has agreed to award both halftime participants with tuition scholarships due to an incorrect determination of the winner.
The NCAA is proposing a new subdivision conference where the "haves" can make up their own rules, and the "have nots" will sit on the sidelines. (34:59) NCAA President Charlie Baker released a proposal in which a new subdivision of college athletics which school can opt-in to. The schools that opt-in would be based upon the financial status of the schools, and the schools within the subdivision would be able to create their own new rules regarding scholarships, recruiting, NIL, and more. The biggest thing would be that these universities would be able to enter into NIL deals with their own student athletes. This may show that the NCAA is willing to adapt to the times, but there is still a long way to go.
***
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Host:
Dan Lust (@SportsLawLust)
Featuring:
Mike Lawson (@MikeSonofLaw) // Tarun Sharma (@tksharmalaw)
Producer:
Mike Lawson (@MikeSonofLaw)
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12/6/2023 • 1 hour, 2 minutes, 29 seconds
Sports Illustrated AI Fake Writers, SGA Sale Nullification, Corey Perry Mysteriously Cut, Cavs Court, and FSU Sod Cemetery
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Kravchenko (@mikekravchenko_) and first-time guest Mike Scott (@michael-scott09) to go across the board in sports law from SI's fake writers, real estate law, NHL contract termination, possible NBA negligence, and so much more.
The duo of Mike Scott and Dan Lust also share BIG NEWS with the Sports Lawyers Association - NYC events and more on that, you heard it here first!
They close the day with the Florida State Seminoles cutting a field, and their picks for the 13th NFL week....will Dan stay on his hot streak?
***
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As always, this episode is sponsored by Themis Bar Review:
https://www.themisbarsocial.com/conductdetrimental
Host:
Dan Lust (@SportsLawLust)
Producer:
Mike Kravchenko (@mikekravchenko_)
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11/30/2023 • 57 minutes, 48 seconds
NFL Investigating Burrow, Knicks-Raptors Trade Secrets, Vegas F1 Lawsuit, & Tip of the Michigan Iceberg
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Dan (@SportsLawLust), and Zach (@ZacharySBryson) dissect some of the major developments in the Sports Law world over the past week.
First, the duo discuss the NFL's recently announced investigation of the Cincinnati Bengals and their apparent violation of the NFL's Injury report, and the possibility disgruntled bettors have at successfully suing the Bengals for their bets placed "before" Joe Burrow was hurt.
After examining these allegations, the two then discuss a class action lawsuit which has been filed in the wake of the inaugural Formula One Las Vegas Grand Prix--and whether the lawsuit is likely to succeed.
Next, the apparent "sign stealing" involving Connor Stalions and Michigan's Football program has had surprising new developments, signaling more troubling news for the Michigan Football program.
Dan and Zach then cover some of the updates in the Raptors and Knicks trade secret case, and whether or not the case is likely to stay in federal court, or if the NBA Constitution requires that the dispute be arbitrated by Adam Silver.
---
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Zachary Bryson (@ZacharySBryson)
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11/22/2023 • 1 hour, 8 minutes, 5 seconds
Arizona Botches $240M, Jimbo Fisher's Pay Day, Michigan Hearing, Brian Cashman on Stanton, and Hockey Player Charged with Manslaughter
On this episode of Conduct Detrimental: THE Sports Law Podcast, Mike Lawson (@MikeSonofLaw) is joined by Mike Kravchenko (@mikekravchenko_) and Evan Mattel (@Evan_Mattel21) to discuss a multitude of NCAA issues including Arizona's $240M debacle, Jimbo Fisher's big payday with his firing, another Michigan update and so much more...
They deliver an update on the English hockey tragedy and where that stands legally for the player involved.
The trio finalizes things with some stories to look out for including the Yankees and more NCAA litigation...
***
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Featuring:
Mike Lawson (@MikeSonofLaw) // Evan Mattel (@Evan_Mattel21)
Producer:
Mike Kravchenko (@mikekravchenko_)
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11/16/2023 • 57 minutes, 24 seconds
Michigan, Harbaugh, Big Ten's Punishment, & the Lawyers
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Kravchenko (@mikekravchenko_) to discuss the first (?) punishments coming out of the Michigan sign-stealing situation.
They close the day with their picks for the NFL week as Mike got his first one on the board last week. Dan leads the series 2-1 still.
***
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Producer:
Mike Kravchenko (@mikekravchenko_)
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11/11/2023 • 30 minutes, 53 seconds
Sergio Brown CTE Defense, Adam Johnson Hockey Incident, Houston Oilers Trademark, Shannon Sharpe Prevails, & Michigan Continues
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Kravchenko (@mikekravchenko_) to discuss multiple sensitive criminal cases in the sports universe: former NFL starter Sergio Brown, and the tragedy of professional hockey player Adam Johnson.
The duo move into the football world as Michigan brings a lighter tone to the episode with their latest update in the Michigan Sign Stealing Saga.
They close the day with some NFL copyright controversy, Brett Farve v. Shannon Sharpe's finale, and their picks for the NFL week.
***
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Host:
Dan Lust (@SportsLawLust)
Producer:
Mike Kravchenko (@mikekravchenko_)
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11/2/2023 • 1 hour, 3 minutes, 46 seconds
NIL Hour: Michigan Sign-Stealing Saga & Latest Federal NIL Hearing
What should we make of the (newest) Michigan Football Controversy, and are we any closer to a federal NIL bill?
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Lots going on in the world of college sports this week. Tarun (@tksharmalaw), Dan (@SportsLawLust), and Zach (@ZacharySBryson) dissect two recent developments in the world of college athletics.
First, the trio discuss the apparent "sign stealing" involving Connor Stalions and Michigan's Football program along with the implications of the scandal for the program and college football as a whole, before diving into a discussion on the latest federal NIL hearings, with key takeaways about the direction NIL appears to be heading.
---
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Zachary Bryson (@ZacharySBryson)
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10/26/2023 • 52 minutes, 51 seconds
"Breaking into Sports Law" w/ NBA Lawyers from the Warriors and Rockets, Sports Law Competition Circuit, and 1L Check-ins
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Kravchenko (@mikekravchenko_) to showcase our latest 'Breaking into Sports Law' Panel - where Dan and Stephanie Weissenberger are joined by special guests, Zade Shakir (Golden State Warriors) and Sam Strantz (Houston Rockets) in partnership with TeamWork Online.
We close with our newest NFL picks for Week 7....we'll see if Mike gets his first win on the board while Dan tries to stay undefeated!
***
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Host: Dan Lust (@SportsLawLust) Mike Kravchenko (@mikekravchenko_)
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10/19/2023 • 1 hour, 25 minutes, 15 seconds
Mets Investigation, Tom Brady Sale Halted, LIV Woes, Mel Tucker Texts, Pac-2 Mediation, & NCAA Reverses on Tez
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Kravchenko (@mikekravchenko_) and John Nucci (@jnucci23) to cover all the bases in the sports law world.
Moving from baseball to football, both professional and college...we also discuss current LIV Golf issues and much, much more.
Stick around until the end to hear our picks for this upcoming NFL Sunday.
***
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Host: Dan Lust (@SportsLawLust)
Joined by: Mike Kravchenko (@mikekravchenko_) &
John Nucci (@jnucci23)
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On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is joined by Mike Kravchenko (@mikekravchenko_) to discuss the final (?) update on the two-year-long Trevor Bauer situation, reacting to his latest video.
Second on the list for today is our 'Breaking into Sports' Panel - where Dan and Stephanie Weissenberger are joined by special guest, Adam Neuman of the Baltimore Ravens.
We close with a discussion on our new NIL legal writing competition and more ways to get involved....we may also drop some NFL bets for the weekend....
***
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Host:
Dan Lust (@SportsLawLust)
Mike Kravchenko (@mikekravchenko_)
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10/6/2023 • 1 hour, 49 minutes, 56 seconds
Behind the Scenes of NIL with Tate Gillespie and Ben Chase; Cameo from Dan’s Kids
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Today, Dan Lust (@SportsLawLust) and Hannah Valente (@hannahvalente13) are joined by Tate Gillespie (@TC_Gillespie32)and Ben Chase (@BenGChase) to discuss the constantly evolving NIL space, as well as the continuously shifting world of college sports.
The group touch on questions ranging from federal NIL legislation, collectives, and the implications of conference realignment for NIL and student athletes alike.
***
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Hosts: Dan Lust (@SportsLawLust)
Producers: Zachary Bryson (@ZacharySBryson)
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10/2/2023 • 1 hour, 13 seconds
NFL Turf v. Grass, Patrick Reed Lawsuit, and are NCAA Athletes Employees?
On this episode of Conduct Detrimental: THE Sports Law Podcast, Mike Kravchenko (@mikekravchenko_) and John Nucci (@jnucci23) discuss the NFLPA's grievances with the NFL in their pursuit of an all-grass football league.
The two also discuss Patrick Reed's defamation lawsuit and how it has played out, along with why John went semi-viral with it.
We close with our thoughts on NCAA athletes and their desire to become employees and where that could be headed...
***
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Hosts: Mike Kravchenko (@mikekravchenko_) & John Nucci (@jnucci23)
Producers: Mike Kravchenko (@mikekravchenko_)
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9/28/2023 • 30 minutes, 11 seconds
Gary Myers: Life After Football for the 1986 Super Bowl Giants
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Today, Dan Wallach (@WALLACHLEGAL) is joined by special guest Gary Meyers (@GaryMyersNY) , author of "Once a Giant: A Story of Victory, Tragedy, and Life After Football" to discuss his book, the insights it gleaned, and how Gary was able to work to compile the very personal thoughts and stories from so many members of the 1986 Giants team.
Gary and Dan dive deep into what made the 1986 Super Bowl winning Giants so special, and what has kept their bond so strong, the fascinating stories about the differences between the NFL then and now, covering players and coaches alike such as Phil Simms, Harry Carson, Bill Parcells, to Mark Bavaro and Bill Belichick and Bobby Johnson and Phil McConkey, with unprecedented detail of the heartwarming and the heartbreaking stories of the Giants--a story representative of so many other players and teams across the lague.
***
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Zachary Bryson (@ZacharySBryson)
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9/22/2023 • 1 hour, 12 minutes, 33 seconds
NIL Hour: Amanda Christovich talks Dartmouth MBB's petition to Unionize; Oregon State and Washington State v. Pac-12; Promotion/Regulation Proposal; Lincoln Riley Banning Reporters
What would it mean if an Ivy League MBB team was given the right to unionize? What would promotion-regulation look like in college football?
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Lots going on in the world of college sports this week. Tarun (@tksharmalaw), Mike (@MikesonofLaw), and Holly (@SlamDunkSummers) are joined by frequent guest host, Amanda Christovich (@achristovichh) from Front Office Sports to discuss the big stories from this week including the promotion-regulation proposal that Amanda broke on Thursday.
Dartmouth's men's basketball team filed a petition to unionize with the NLRB with the help of the Local 560 chapter of the Service Employees International Union. Dartmouth has the opportunity to recognize the union voluntarily, but doing so would violate the NCAA's amateurism model. But, if successful, the players would not gain the right to collectively bargain, but would also be considered university employees. The team discusses how the petition compares to Northwestern's misclassification case.
The Superior Court of Washington ruled in favor of Oregon State and Washington State on Monday, granting a temporary restraining order against the Pac-12. This will restrict the conference from conducting board meetings until the court rules further. Washington State and Oregon State are the only continuing Pac-12 members beyond this year. The schools filed a complaint to prevent votes on the Pac-12's future from occurring until legal clarity is obtained on who controls the leftovers.
This week, Amanda broke the news about the first official pitch for Promotion-Regulation in College Football created by Mountain West administrator, Mike Walsh. The proposal comes in the form of a 22-slide PowerPoint that lays out what the schedule would look like, how structuring would work, and its effect on Olympic sports. The team speculates on its success and how it would change college athletics as we know it.
Finally, Lincoln Riley is stirring up commotion at USC by banning Orange County Register beat reporter Luca Evans for two weeks. Riley took issue with a story that Evans wrote featuring Quinton Joyner, freshman running back. USC contended that this violated a policy that prohibits reporting on the team outside of media-permissive areas. **Lincoln Riley ended Evans' suspension on Thursday night, after a "long conversation" with Evans**
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Mike Lawson (@Mike_sonof_Law)
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9/22/2023 • 47 minutes, 35 seconds
LeBron’s Involvement in PED Scandal, Mel Tucker Spartan Allegations, and Continued Fallout of Big League Advantage Lawsuit
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness has opened up many conversations into the NCAA rules and their arbitrary nature as Dan Lust (@SportsLawLust) Tarun (@tksharmalaw), Mike (@MikesonofLaw), and Zach Bryson (@ZacharySBryson) dive into some recent news stories surrounding both NIL news and other developing stories in the world of Sports Law. by Jason Morrin (@Jason_Morrin) who broke the Big League Advance/Gervon Dexter story.
Dan starts us off with the news that LeBron James was the subject of a 2013 PED investigation, and tries to decide whether the story is a "nothing burger" or not (2:34). The team then turns to the Gervon Dexter Big League Advantage/NIL Lawsuit, a story which Jason was the first to break (13:18) and explore the wide reaching implications a case of this type involves. Next, Mike leads us into a discussion about Mel Tucker of Michigan State and the sexual harassment investigation which broke earlier this week (33:09).
***
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Zachary Bryson (@ZacharySBryson)
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On this episode of Conduct Detrimental: THE Sports Law Podcast, Mike Kravchenko (@mikekravchenko_) and John Nucci (@jnucci23) discuss the new standard for NFL deals, including Chris Jones' holdout solution and Joe Burrow's new deal.
The two also discuss ESPN and Charter Communications (Spectrum cable) deal that brought ESPN back to 15 million homes in the US.
ESPN stays on the move as they are looking to bring ACC Football to theaters....
***
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Hosts: Mike Kravchenko (@mikekravchenko_) & John Nucci (@jnucci23)
Producers:
Mike Kravchenko (@mikekravchenko_)
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9/13/2023 • 29 minutes, 7 seconds
NIL Hour: Law Student Athlete Josh Strong; UNC's Tez Walker & Fiona Crawley Restricted by NCAA Rules
Is there such a thing as a law student-athlete? Are the NCAA rules becoming more arbitrary?
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness has opened up many conversations into the NCAA rules and their arbitrary nature as Tarun (@tksharmalaw), Mike (@MikesonofLaw), and Holly (@SlamDunkSummers) dive into some recent college news stories surrounding some NCAA rules that should be a thing of the past. We are joined by Josh Strong (@jstrong_0) who is currently a first-year law student at Howard University and a member of their division 1 basketball program.
Josh Strong joins us to discuss his very unique and unprecedented situation at Howard University. (1:05) Josh played basketball at the University of Minnesota Duluth for two years and completed his undergraduate degree. Josh helped Duluth's D2 basketball team to an elite 8 finish last year. This year Josh has enrolled at Howard University to begin law school, but he didn't want to give up basketball either with two years of eligibility left. Josh, at the very young age of 20, is the only division 1 basketball player currently attending law school. Josh describes his life leading up to now and his goals for the future.
Devontez "Tez" Walker has been denied an eligibility waiver by the NCAA. (23:53) Tez is a football student athlete who has recently transferred to UNC from Kent State. The only problem is that this is his second undergraduate transfer. Tez originally played at NC Central, however he never suited up because the season was cancelled due to the COVID pandemic. However, the NCAA is still counting Tez's transfer from NC Central to Kent State as his first transfer. Recently, the NCAA stated that they will be cracking down on two-time transfers and specifically denying waivers. This means that a player who transfers a second time would need to sit out their entire first year at the new school they transferred to. That is exactly the news that was given to Tez upon learning that his waiver was denied. There is much outcry in the NCAA world in that the nature in which the rule is being applied is unfair. Also, Tez transferred to UNC to be closer with family as he was dealing with mental health issues.
Fiona Crawley forfeited $81,000 in earnings from the U.S. Open because the NCAA's cap on prize money. (38:52) Fiona is the number 1 women's tennis player in the NCAA and earned a spot to compete in the U.S. Open and her winnings totaled $81,000. However, because of the NCAA bylaw capping prize money at $10,000 she needed to forfeit her winnings, or she would lose her eligibility to play her senior year in college. Given the nature of the NCAA and NIL, obviously this rule has yet to be placed under a microscope. That was until now. We dive into the potential future of prize money for college athletes.
***
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9/9/2023 • 55 minutes, 29 seconds
Medvedev Admits to Sports Piracy, Precedential NIL-BLA Lawsuit, TeamWork Sports Career Panel, & NFL Action
On this episode of Conduct Detrimental: THE Sports Law Podcast, Dan Lust (@SportsLawLust) is Joined by Zach Bryson (@ZacharySBryson) to discuss Medvedev's piracy comments at the US Open and the "first" NIL Lawsuit out of Florida involving Gervon Dexter's contract with Big League Advance, and Conlan shares his picks for Week 1 of the NFL.
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Hosts: Dan Lust (@SportsLawLust) | Zach Bryson (@ZacharySBryson)
Producer: Zach Bryson (@ZacharySBryson)
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9/8/2023 • 52 minutes, 30 seconds
NFL Exec Michael Lombardi Joins, Top 20 Sports Law Schools, & Knicks-Raptors Trade Secret Lawsuit
On this episode of Conduct Detrimental, former NFL GM and three-time Super Bowl champion Michael Lombardi joins Dan Lust and Mike Kravchenko to discuss his new book, "Football Done Right." The three also discuss Lombardi's sports media life and his thoughts on best practices when evaluating NFL talent with legal history. Dan and Mike follow up with the latest coverage on the New York Knicks vs. Toronto Raptors lawsuit and the Top 20 Sports Law Schools in the US.
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Hosts: Dan Lust (@SportsLawLust) | Mike Kravchenko (@mikekravchenko_)
Producer:
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9/1/2023 • 1 hour, 5 minutes, 10 seconds
NIL Hour: Heisman-Level Controversies
Does Reggie Bush deserve his Heisman award back?
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness has created a lot of questions regarding former punishments that seek retroactive retributions as Tarun (@tksharmalaw) and Mike (@MikesonofLaw) dive into the careers of three former Heisman Award winners.
Johnny Manziel has a new Netflix documentary out called "Untold: Johnny Football." (2:37) Johnny Football was one of the biggest college football personas in CFB history. It also came with a lot of turmoil. We discuss our thoughts on the documentary and how this impacts the conversations around NIL today.
The Florida Gators football team under Urban Meyer is another documentary that was released called "Untold: Swamp Kings." (10:07) This goes into the Urban Meyer run Gator football program with Tim Tebow. This documentary received a lot of backlash on social media for everything that was left out. We dive into what was left unsaid and again the connection to today's college football atmosphere.
Reggie Bush has filed a defamation lawsuit against the NCAA. (14:19) Bush has been attempting to restore his character and regain his Heisman Award. The NCAA is standing firm in their decision that he fell under a "pay-for-play" scheme and even with the NIL world moving forward today, Bush still falls outside of that scope. We discuss the merits of the case and what this could mean for future retroactive relief from prior punishments.
***
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Mike Lawson (@Mike_sonof_Law)
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8/24/2023 • 33 minutes, 41 seconds
Michael Oher v. Blind Side ”Family”, Wander Franco, ESPN Bet, James Harden, Conference Realignment Leftovers
Dan Lust, Justin Mader, and Mike Lawson break down this jam-packed week of sports law storylines as some of the most prominent athletes, movies, and networks made significant motions.
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law.
Michael Oher, Super Bowl Champion and inspiration for the critically-acclaimed movie, The Blindside, filed a legal petition against his “adoptive parents” this Monday in Tennessee (3:14). Dan (@SportsLawLust) and Justin (@MaderLaw) dive into the specifics of the accusations and share the history of how we got here from the beginning.
“Our baseball guy” Mike Lawson (@MikesonofLaw) gives us the latest on Tampa Bay Rays' young superstar, Wander Franco’s recent allegations. (17:00). Mike tells us why Franco may have played the last game of his MLB career at just 22 years old.
Dan then gives an update on the Pac-12 exodus and the four teams that still seek refuge in another conference (23:23). Dan and Justin share their thoughts on why the ACC said no to some of these schools and where they will end up.
As we discussed last week from a Barstool perspective, Penn Entertainment has dropped Barstool Sports and picked up ESPN for their next sportsbook, ESPNBet (35:33). Justin and Dan dive into what this means for the sports betting market and ESPN, as a whole.
Finally, the two wrap up the episode with a discussion of the seemingly never-ending drama from James Harden (49:30). He may be on his way out of Philadelphia already and Dan discusses the legal possibilities behind this.
***
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Hosts: Dan Lust (@SportsLawLust)
Producers: Justin Mader (@MaderLaw) // Mike Kravchenko (@MikeKravchenko_)
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8/18/2023 • 1 hour, 4 minutes, 34 seconds
NIL Hour: NCAA State of the Union with Matt Brown from Extra Points
Did you ever want to know what it's like to be an athletic director of a D1 sports program? Tarun, Holly, and Mike are joined by Matt Brown of Extra Points to discuss his coverage of off-the-field forces that shape college sports.
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of sports law keeps turning as
Tarun (@tksharmalaw), Mike (@MikesonofLaw), and Holly (@SlamDunkSummers) are joined by Matt Brown (@MattBrownEP) to discuss Athletic Director 3000, D1 Classroom, and more on Extra Points, which you can check out here.
Matt is a sports journalist with a vast knowledge of the college sports space. Matt runs Extra Points, which is a part of the D1.ticker family, and he created an awesome athletic director simulator called AD3000, in which you can step into the shoes of an athletic director with simulated scenarios and questions. Extra Points also has the D1 Classroom that is made to align with curriculums and educate students on the world of college sports. We cover conference realignment, federal NIL bills, student-athlete unions, and more. Matt also discusses what more Extra Points has to offer.
***
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Mike Lawson (@Mike_sonof_Law)
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8/11/2023 • 56 minutes, 15 seconds
Portnoy “Buys” Barstool, Tortious Interference with a Conference, MLB Slugfest, & Panini-Fanatics Lawsuit
Dan Lust and Zachary Bryson are joined by Nate Otto to bring you the latest in the sports law world.
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. There have been quite a few updates in the world of sports law as Dan (@SportsLawLust) and Zach (@ZacharySBryson) are joined by Nate Otto to help break it all down.
Dave Portnoy announced Wednesday that he has "bought back" Barstool Sports from Penn Entertainment (3:24). The trio dive into the intricacies of the transaction, and the eyebrow raising stipulations that Portnoy has allegedly agreed to as part of the transaction.
The "Big 5" conferences are no more, as news spreads about the gutting of the Pac-12 conference that took place over a short two-day span, which saw the Big 12 N Big 10 conferences absorb most of the teams that were formerly members of the Pac-12 Conference (12:31). Dan, Zach, and Nate share their thoughts about what this means for college sports as a whole, and what the landscape of college athletics may look like in the future.
Panini American has filed an antitrust lawsuit against Fanatics over Fanatics Collectibles acquisition of the licenses to several North American sports leagues rights with relation to trading cards (21:48). Nate, who recently authored an article available on Conduct Detrimental's website dives deep into Panini's claims, Fanatics countersuit, and the potential implications as this litigation process begins.
Finally, the trio wraps up the episode with a discussion of the "Base-Brawl" between Jose Ramirez and Tim Anderson, which ended in Anderson knocked down, and both players suspended for multiple games (34:51).
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Hosts: Dan Lust (@SportsLawLust)
Producers: Zach Bryson (@ZacharySBryson)
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8/9/2023 • 48 minutes, 7 seconds
Scherzer Leak, Iowa State Gambling Sting, Northwestern Do-Over Report
Dan Lust and Mike are joined by Amanda Christovich of Front Office Sports to bring you the latest in the sports law world.
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. There have been quite a few updates in the world of sports law as Dan (@SportsLawLust) and Mike (@MikesonofLaw) are joined by Amanda Christovich (@achristovichh) to help break it all down.
Northwestern now has 9 lawsuits, and counting, against them for the hazing allegations. (1:16) Since we recorded, another 2 have been filed, making a total of 11 lawsuits. Northwestern has now hired former US Attorney General Loretta Lynch to conduct another investigation into these allegations. We discuss what happened during their first investigation, which led to only a two-week suspension of Coach Fitzgerald, and then after public backlash he was ultimately fired. We also break down what this holds for Northwestern and the domino effect it may have.
We have entered the era of college sports gambling stings. (13:09) Iowa State was involved in a gambling sting in which 7 student-athletes were found to have placed numerous bets on college and pro sports. These players have also been criminally charged with tampering, for placing bets under the names of family members (mainly mothers and brothers). One of the players involved is former Iowa State player Eyioma Uwazurike, who was also recently suspended from the NFL for making illegal bets while a part of the Broncos organization. We are now seeing more and more gambling scandals pop up in the college space.
The Mets are in full sell mode after trading both Max Scherzer and Justin Verlander, but they are also in full tank mode. (23:45) Scherzer leaked a conversation that he had with Mets GM Billy Eppler in which the Mets are going to be in a "transitory year" in 2024 and they would not be going after any big players in free agency. We discuss tanking in baseball and strategic trades of players before their free agency.
***
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Mike Lawson (@Mike_sonof_Law)
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8/3/2023 • 36 minutes, 7 seconds
NFL Betting Suspensions, Politicians Get Sporty, & Professional Development Series #2
Dan Lust (@SportsLawLust) is joined by Zachary Bryson (@ZacharySBryson) to introduce the second installment of the Conduct Detrimental Professional Development Series. Before diving into the interviews, Zach and Dan discuss the hypocrisy of the NFL Betting Suspensions (6:50), as well as their thoughts on the probability of a national NIL bill being passed in the near future(12:40). A recording of the Sports Professional Development Series begins at the (18:50) mark with Dan and Stephanie Weissenburger (MLB Network), as your moderators, with Morgan Belvedere (Talent ID and Development, WWE) and Jon Adry (Legal & MMA at Paradigm Sports).
Each week the show is brought to you by Bettor Edge, the pioneer in social betting.
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7/29/2023 • 1 hour, 28 minutes, 29 seconds
NIL Hour: NIL Brand Marketing; NWU Lawsuits; Federal NIL Bill
Tarun, Mike, and Holly are joined by Sam Green to give us a first-person perspective in the NIL world.
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (@tksharmalaw), Mike (@MikesonofLaw), and Holly (@SlamDunkSummers) are joined by Sam Green (@sambgreen) who is a go-to content creator for athletes looking for guidance with NIL deals.
Sam Green talks about her career in the NIL space from the beginning. (2:20) Sam is a former college and NBA dancer who took her passion for sports and combined it with her passion for the media. Sam was a video editor for ESPN after she left, she has been focusing on helping athletes establish their own brands. Once NIL started, Sam jumped right in. Sam goes into detail about her background and passions. Sam also discusses her day-to-day now in assisting athletes, schools, and collectives in the NIL sphere.
The allegations of hazing and abuse of student athletes from Northwestern continue as three lawsuits have been filed against NWU and Pat Fitzgerald. (21:56) Three groups of student athletes have come forward bringing suit against the school and coaching staff. One group includes 15 student athletes and most of the athletes are filing anonymously. Former NWU football player, Lloyd Yates has filed in his name. The suit also names former AD of NWU, Jim Phillips, who is the current ACC Commissioner.
A federal NIL bill has been drafted called the College Athletes Protection Act. (33:04) This is a bi-partisan bill that outlines a number of things. Specifically, the bill prevents schools from being involved in NIL deals, which is directly related to many states passing a law to protect their schools from being punished by the NCAA for being involved in NIL deals. Another interesting piece is that the bill does not mention employment status. However, the bill does go into establishing medical benefits to be paid to players, coincidentally is a benefit paid to employees. The number of years of medicals paid depends on the revenue generated by the individual school. A medical trust will be set up and funded annually to pay for medical bills of student athletes that would not be covered otherwise. This bill would also create a new NIL clearinghouse to enforce the bill and create policies. We break down the details of the drafted bill and where this takes us from here with a potential federal NIL bill on the horizon.
***
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Mike Lawson (@Mike_sonof_Law)
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7/22/2023 • 56 minutes, 2 seconds
ESPN's Don Van Natta on Dan Snyder's Final Chapter in Washington
On this special episode of Conduct Detrimental ESPN's Don Van Natta joins Dan Lust and Dan Wallach to discuss the conclusion to Dan Snyder's ownership tenure in Washington. The group discusses the controversies surrounding Snyder during his time as owner of the now-Washington Commanders. They also discuss any litigation that could result from Snyder's exit as well as ongoing litigation brought forth by John Gruden following his ouster from the NFL.
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Hosts: Dan Lust (@SportsLawLust) | Dan Wallach (@WALLACHLEGAL)
Producer: Justin Mader (@MaderLaw)
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Dan Lust and Conlan Farrell team up to tackle the latest news in Sports Law and even drop a few suggestions of what to watch for. All episodes are brought to you by Bettor Edge, the pioneer in social betting.
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7/19/2023 • 41 minutes, 22 seconds
NIL Hour: Cincinnati's Move to the Big 12 & Pat Fitzgerald fired from Northwestern
Tarun, Mike, and Holly are joined by Eddie Taylor to dive into Cincinnati's transition from the American Athletic Conference to the Big 12 and the team discusses the latest updates in the Northwestern University Hazing Scandal.
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sport and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (@tksharmalaw), Mike (@MikesonofLaw), and Holly (@SlamDunkSummers) are joined by Eddie Taylor (@theeddietaylor) the NIL Coordinator at the University of Cincinnati.
Cincinnati made the move from the American Athletic Conference to the Big 12 on July 1, 2023. We talked with Eddie about his experience making the transition as the NIL Coordinator and how it has affected Cincinnati's student-athletes. Eddie provides insight into how the Big 12 has helped Cincinnati's athletic department, the student-athletes' excitement to make the move, and the overwhelming support Cincy Reigns and alumni have shown during the transition. Eddie dives into his background and how he got to be where he is today and tells us what to watch for from Cincinnati in the years to come.
More Northwestern news broke with the announcement that Coach Pat Fitzgerald was fired from Northwestern Monday evening. We discuss the allegations against Northwestern and Coach Fitzgerald and dive into the situation following the news break.
This week's what to watch for: The Players Trunk created limited edition UConn trading cards with three of the key members of the 2022-2023 Championship team. Missouri passed its own NIL bill following in line with five other states who have changed their legislation to protect their state universities against the NCAA. Duke is featured in a two-cover issue of Slam Dunk where the returning ACC Champions were featured with legends of Duke basketball.
***
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
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7/12/2023 • 49 minutes, 24 seconds
Northwestern Hazing, ChiefsAholic, Wembanyama v. Britney, & Huggins Un-Resigns
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Hosts Dan Lust (@SportsLawLust), Justin Mader (@MaderLaw), and Matt Tympanick (@TympanickLaw) join the podcast to discuss the current issues in the world of sports law.
Chiefsaholic, the Chiefs superfan who seemingly vanished from social media last year has been arrested on multiple charges related to a string of bank robberies. (1:44) Chiefsaholic, real name Xaviar Babudar, became a bit of an internet sensation in the world of football for his interesting costume including a fur-lined wolf costume. The allegations in the charges include multiple robberies across the US. He now awaits trial on the charges.
Northwestern has been rocked lately with allegations of hazing surrounding its football program. (13:20) Following the allegations from a former player reported by the Daily Northwestern, the school hired Arentfox Schiff to conduct an internal investigation which found the facts to be largely supported by evidence. Head Coach Matt Fitzpatrick was put on leave and since recording of this podcast has been fired from the school.
Bob Huggins, the former (maybe) head coach of the West Virginia University men's basketball team has made strides via his lawyer to be reinstated to his former position. (25:31) Two weeks ago it seemed that Huggins had resigned following a DUI arrest in the state. However, now Huggin's lawyer states that he never formally resigned and was never given due process to explain the situation. They are demanding reinstatement or a lawsuit will follow.
In one of the most bizarre stories to come out of the NBA recently, star prospect and number one overall pick Victor Wembanyama found himself in a controversy with popstar Britney Spears. (39:53) It seems that as Wemby was walking through some sort of casino in Vegas while in town for the NBA Summer League Britney approached him from behind for a picture. As she reached out to touch him, a video shows his security slapping her hand away from Wemby. There are also reports of crazy dialogue that only fuels the weirdness of this whole situation.
***
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Hosts: Dan Lust (@SportsLawLust) | Justin Mader (@MaderLaw) | Matt Tympanick (@TympanickLaw)
Producer: Justin Mader (@MaderLaw)
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7/11/2023 • 54 minutes, 24 seconds
NIL Hour: EA v. Brandr; SDSU & The MWC; NYS NIL Bill Signed
Tarun, Mike, and Holly are joined by Maddie Salamone to dive into the latest in the NIL world.
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (@tksharmalaw), Mike (@Mike_sonof_Law), and Holly (@SlamDunkSummers) are joined by Maddie Salamone (@madsal15) who is a former DI SAAC chair and currently on the board of the College Football Players Association.
Federal Judge denies Brandr's motion for temporary restraining order against EA Sports. (2:06) Many believed that Brandr had an uphill battle with this suit, but this was the tipping point in favor of EA Sports that may show how the rest of this lawsuit will proceed. Maddie gives insight into the future of athletes' involvement with video games and licensing deals. Maddie also believes that this lawsuit at the very least shined a light onto what EA Sports was doing and preventing them from taking advantage of athletes' NIL rights.
Maddie is a former Division I SAAC chair and gives insight into the letter that SAAC sent to congress a few weeks ago. (18:18) As we discussed on that episode, the letter was very NCAA favored and was out of the realm of what SAAC advocates for and focuses on.
San Diego State University is leaving the Mountain West Conference; maybe. (26:13) SDSU was required to provide a one-year notice to the MWC if they were planning to exit the conference. The deadline was June 30, 2023. There were six letters that were sent back and forth between SDSU and the MWC in which it appeared that SDSU was going to be leaving the conference. However, the sixth and final letter was sent at 11 p.m. on June 30 stating that SDSU was not leaving the conference and that was their final decision. However, the MWC stated that SDSU had already provided their notice for withdrawal from the conference. With the exit comes a $17M exit fee due by July 1, 2024, when they officially leave the conference. The MWC also stated that they would be keeping the $6.6M revenue sharing check that was due to SDSU, as a first payment of the $17M exit fee. The next MWC meeting is July 17 and SDSU will not be able to attend. A decision on SDSU future in the conference will most likely be made at that meeting.
NYS Governor Hochul has signed the NIL bill amendment into law. (35:03) NYS joins Texas, Arkansas, and others in passing an NIL law that protects state schools from NCAA or Conference punishment for being involved in NIL deal, i.e., facilitating and working with collectives and boosters. This comes on the heels of the NCAA submitting a memo regarding schools needing the follow NCAA bylaws and not state laws. Maddie gives insight into the future of NIL and schools' involvement and where it goes from here.
***
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7/7/2023 • 45 minutes, 27 seconds
Everything to Know About the NCAA NIL Memo
Tarun and Mike are joined by Dan Lust to dive into the NCAA memo regarding schools' involvement with NIL.
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (@tksharmalaw), Mike (@Mike_sonof_Law), and Dan (@SportsLawLust) break down the latest updates in NIL.
The NCAA has released a memo regarding different states that have passed laws to protect schools within those particular states from NCAA punishment for being involved with and facilitating NIL for their student-athletes. Dan jumps into the NIL Hour with Tarun and Mike to break down the logistics of the memo and how it can be enforced. The NCAA is telling their member schools that they can't adhere to state law, but they must adhere to NCAA legislation. This is a bold move by the NCAA. Is this a scare tactic? Is the NCAA trying to delay the process of school involvement for a federal NIL bill? Is the NCAA trying to accelerate other states who haven't passed or even proposed a similar bill so schools can be involved? We dive into all the possibilities.
To quote Justice Kavanaugh in Alston: "The NCAA is not above the law."
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6/27/2023 • 27 minutes, 31 seconds
NIL Hour: Johnson v. NCAA; Brandr v. EA Sports
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (@tksharmalaw), Mike (@Mike_sonof_Law), and Holly (@SlamDunkSummers) break down the latest updates in NIL.
Logan Hughes (@loganchughes23) is a 3L at Ohio Northern University and joins to discuss his recent article on our website.
We have discussed Johnson v. NCAA many times on our podcast. (2:40) Johnson is a case in the 3rd Circuit that is looking for student athletes to become employees. Logan's article discusses circuit precedent and why he thinks the NCAA has a strong case on the interlocutory appeal being heard on the "employee" issue. You can read Logan's article here. We give insight into the precent of Berger and Dawson in which the 7th and 9th circuit ruled against student athletes being deemed employees. Is today's era of college athletics the right time for athletes to become employees? We discussed it all.
EA Sports is making a new NCAA Football game, but it now comes with a tortious interference lawsuit from The Brandr Group. (25:45) Brandr is a group licensing NIL company that has been negotiating group licensing deals for EA sports with student athletes as it relates to their NIL being used in the game. Brandr had 54 schools that they were working with to get group licensing deals for EA Sports. However, EA Sports allegedly hired OneTeam Partners to cut out Brandr to encourage students to "opt in" to use their NIL in the videogame and receive $500, with no royalties. Brandr was claiming that EA Sports wasn't going to provide student athletes with fair compensation for their NIL.
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6/22/2023 • 47 minutes, 57 seconds
Conor McGregor x2, Ja Gets 25, AB's Team Deleted, Huggins DUI, ChatGPT Hearing, & Sports Workshop #1
Dan Lust and Conlan Farrell convene for another roundtable discussion of all the latest happenings in Sports Law, Father's Day celebrations, and more. A recording of a portion of the Sports Professional Development Series begins at the 47:30 mark with Dan, Stephanie Weissenburger (MLB Network), and Zac Hiller (LAA Sports Agency).
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Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Hosts Dan Wallach (@WALLACHLEGAL) and Justin Mader (@MaderLaw) are joined by accomplished trial lawyer Jim Quinn of Berg & Androphy to discuss MLB relocation and antitrust exemption challenges.
Today, Dan and Justin sit down with Jim Quinn to discuss the legal implications of the almost inevitable move by the Athletics from Oakland to Las Vegas. (16:45) The Oakland A's have seen a decline in attendance and the deterioration of the stadium in which the team currently plays. Recently, Nevada approved a plan to establish a stadium for the team including tax-payer money involved in the project. Jim Quinn helps discuss the possibility of a case being brought against the MLB similar to the one he brought against the NFL while he represented Oakland following the move by the Raiders.
Jim Quinn also discusses his ongoing case in federal court challenging the antitrust exemption enjoyed by the MLB. (22:08) Recent legislation has also been introduced in the California State legislature and the United States Senate. The bill in the Senate seeks to abolish the antitrust exemption while the California bill more focuses on payments being made to the local governments when a team decides to leave.
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6/20/2023 • 44 minutes, 57 seconds
Zion Williamson's Baby Mama Allegations, Baby Gronk & Parental Control, Nuggets Title
Conlan Farrell is joined by the pride of Hofstra, Jason Morrin and Evan Mattel. The trio breaks down Zion Williamson's baby mama drama, along with the maniac who is Baby Gronk's father and congratulations to the Denver Nuggets on their first NBA title! Join Bettor Edge with promo code "Conlan" and get $20 when you sign up.
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6/14/2023 • 35 minutes, 34 seconds
NIL Hour: Amanda Christovich Joins; D1 SAAC Letter to Congress; IRS Memo on Collectives; Baby Gronk
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (@tksharmalaw), Mike (@Mike_sonof_Law), and Holly (@SlamDunkSummers) break down the latest updates in NIL. Amanda Christovich (@achristovichh) from Front Office Sports joins us!
The NCAA Student Athlete Advisory Committee ("SAAC") sent letters to Congress advocating for federal NIL. (2:19) Amanda joins to discuss her latest article on Front Office Sports about the letters sent from all three divisions. The D1 SAAC letter was the only one not signed by all members of SAAC, being signed only by the D1 Chair. Amanda's discusses that these letters were clearly written or edited by the NCAA before being sent and published because all of the points were favorable to the NCAA, like no employee status and an antitrust exemption. You can read Amanda's article here.
The IRS Chief Counsel sent a memo regarding NIL Collectives and their tax-exempt status. (24:40) This memo, which is not precedent or binding, is a warning to all collectives who provide tax-deductible donations to student athletes, as they are "not incidental both qualitatively and quantitatively to any exempt purpose." Many of these collectives have already been granted 501(c)(3) tax exemption status, but this memo states that the IRS will be monitoring their activities to make sure that there are no direct benefits being made for private interests. This memo is a blanket warning to all NIL Collectives seeking tax exempt status or those who are currently tax exempt.
Baby Gronk has been making waves on social media. (38:33) Madden "Baby Gronk" is currently a 4th grader and has been touring the country to many schools as a prospective football athlete. The issue many are taking with this is that he is being controlled by his father and many are saying Baby Gronk's father is "clout chasing" his son for NIL.
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6/14/2023 • 48 minutes, 27 seconds
NIL Hour: CA Revenue Sharing Bill; Collectives Lobbying Congress; NIL Summit; NCAA's NLI and IAWP Rules; BYU Built Bar Misunderstanding
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Mike (@Mike_sonof_Law) and Holly (@ProsecutieRests) break down the latest updates in NIL and even student-athletes becoming employees.
California has proposed a revenue sharing bill, which passed in the Assembly. (3:05) CA is proposing a bill that would create a revenue sharing system for all student athletes. Student athletes can make up to $25,000 per year, and potentially more so long as they complete their undergraduate degree. The bill would not classify student athletes as employees but would give them access to certain benefits like healthcare. Another way that the NCAA model is changing in favor of student athletes.
NIL Collectives are speaking in front of Congress 6/6 and 6/7 to lobby for a federal bill. (13:21) We have discussed many times how the proposed federal NIL bills are NCAA favored. Collectives associated with power 5 schools are taking a stand to lobby for federal legislature in favor of student athletes.
The second annual NIL Summit occurred last weekend in Atlanta and Holly was there in-person. (16:30) Holly discusses the speakers, student athletes, brands, and sessions that occurred at the summit. The program remains dedicated to fostering the growth and education of student athletes and brands within the NIL space.
The NCAA and conferences have been reviewing their rules regarding national letter of intent day and Individuals Associated With Prospective student athletes ("IAWP"). (24:00) Football programs have complained that the December NIL signing day interferes with bowl game preparations and are looking to moving it earlier in the year. Some argue that moving it to early would impact high school athletes' senior year of competition. IAWP is a rule that was implemented to prevent schools from hiring an individual and using that individual as an inducement to get a prospective student athlete to attend that school. Coaches are now calling for IAWP to be rescinded because NIL is the true inducement now.
BYU football has some confusion with their NIL sponsor Built Protein Bars. (30:00) Built Bars area Utah based brand which made a deal with BYU football to pay walk-ons tuition and NIL money to the team, totaling around $1.25 million. Players started expressing frustration that Built wasn't holding up their end of the deal by failing to pay 15% royalties on the BYU specific "CougarTail" bars. However, it was apparent that the 15% would go to the head coach for program development. Built ended up paying each athlete $600 in lieu of this misunderstanding. Built CEO stated he was upset at how the whole situation went down and that they have 100% paid their end of the deal.
***
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6/8/2023 • 34 minutes, 46 seconds
Surprise PGA-LIV Merger & Lawsuit Settlement, Ja Morant “Massive” (Toy Gun?) Suspension, Colts’ Inside Info Betting Claim
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Dan Lust (@SportsLawLust), Justin Mader (@MaderLaw), and John Nucci (@JNucci23) to discuss the latest in the world of Sports Law.
The PGA has announced today the merger between itself, LIV, and DP making a new golfing organization. (0:26) This newly merged group will be funded by the Public Interest Fund which was the financial backbone of the LIV Golf Tour. Given this new merger, this could spell the end of the anti-competitive litigation that is currently ongoing between the PGA and LIV. However, as John Nucci points out, this could open a new can of worms as they may have created a giant monopoly that could be challenged in court or by the federal government.
Colts player Isaiah Rodgers has been identified as the player accused of placing over 100 bets on sports including Colt's games. (21:35) This is another in a plethora of suspensions that have occurred in the NFL regarding their sports betting policy. Earlier this spring multiple players were suspended either 6 games or a full year, yet none seem to stack up to the alleged facts surrounding Rodgers. It is possible that this could be the biggest suspension for betting we have seen in the NFL to date.
Ja Morant may soon learn his fate on the length of suspension that will be handed down by the NBA following the second Instagram live video of Morant brandishing a gun. (30:52) Recently, rumors have circulated that the number of games will be in the 30-40 game range. A small rumor has also been circulating that Ja Mornat’s team is alleging that the gun Morant had in the latest video was a toy gun. NBA Commissioner Adam Silver has expressed that he will be waiting until after the NBA Finals to hand down the suspension.
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6/6/2023 • 40 minutes, 21 seconds
The Man, The Myth, The McCaulay; Brian Davis ends $7B Commanders BofA Lawsuit; & FL's Sports Betting Liability
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Dan Lust (@SportsLawLust) and Dan Wallach (@WALLACHLEGAL) lead the podcast to discuss the breaking stories in the area of Sports Law! They are joined by a special guest Martin McCaulay to discuss trademarks surrounding the Washington Commanders.
Dan Wallach provides an update on the Brian Davis lawsuit against Bank of America. (1:12) Davis filed this lawsuit following a failed bid to buy the Washington Commanders from Dan Snyder. Bank of America raised concerns about the legitimacy of the funds. Davis has voluntarily dismissed the lawsuit following the concerns brought forth by Bank of America.
Recently the Washington Commanders have run into some trademark issues with their name after the USPTO released that someone had already registered the Washington Space Commanders as a trademark. (13:58) The owner of this trademark is Martin McCaulay who is known to own many different trademarks surrounding the Washington Football team name.
Martin McCaulay joins the podcast to discuss how he got into his hobby of applying for trademarks. (19:28) He explains when he got into the hobby and how he goes about securing the different trademarks. The group also discusses the talks that have occurred following the denial of the Washington Commanders trademark due to a couple of the trademarks already held by McCaulay.
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6/1/2023 • 58 minutes, 31 seconds
ChatGPT Lawyer Exposed, NBA Ref Burner Investigation, & Sports Trademarks (MIA Heat & WAS Commanders)
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Dan Lust (@SportsLawLust) is joined by Stephanie Weissenburger (@SWeissenburger_) and Zach Bryson (@ZacharySBryson), with the three diving into Trademark developments involving Jimmy Butler and the Washington Commanders, NBA referee Eric Lewis alleged Twitter "burner account," and the first attorney to be caught using Chat GPT to produce a brief submitted in federal court.
Starting off with Trademark filings, the team dives into recent filings by both Jimmy Butler and the Washington Commanders (7:19). Maimi Heat star and Conference MVP Jimmy Butler has recently filed a trademark application for "HIMMY BUCKETS," under which he plans to sell coffee cups, tea cups, and mugs, as well as a potential second mark, "Jimmy's Secret Stuff" which appears to be for apparel. In addition to the recent filings made by Jimmy Butler, the Washington Commanders were issued a non-final office action disclosing two potential issues with the registration of the new team name (10:53). The action cites both the "Commander's Classic," an annual college football game between Army and Navy and two names filed by Martin McCaulay, a DC area man who made the news by trying to "guess" the name the franchise would choose before they settled on the Commanders.
The NBA has opened an investigation into seasoned referee Eric Lewis, who allegedly violated the NBA's policy of a social media "cone of silence" for officials (24:13). It has been alleged that Lewis was operating a "burner" twitter account where he would respond to people's criticisms of himself and other NBA officials, which is in violation of the NBA's policy limiting officials public comments to only those approved and sanctioned by the league.
The legal world is buzzing as the first attorney will face sanctions for using Chat GPT to write a brief that was submitted in federal court (30:38). The brief in question was flagged by the opposing counsel, who discovered that 8 of the cases cited in the brief were not real cases and were completely fictitious, including false in-text citations to other, also fictitious case law.
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5/31/2023 • 1 hour, 6 minutes, 29 seconds
NIL Hour: New York, Texas, and Federal NIL Bills; NLRB v. NCAA
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (@tksharmalaw) and Mike (@Mike_sonof_Law) break down the latest updates in NIL and even student-athletes becoming employees.
New York State is amending their NIL bill. (3:00) NYS is taking a page out of the Arkansas, Colorado, and Missouri legislature by amending their bill to include protections for school within their state. The amendment will prevent any conference or the NCAA from imposing punishment on New York schools or their athletes for NIL related activities, and even allowing the schools to facilitate NIL deals with their student-athletes.
Similarly, Texas has proposed a bill with protections within the amendments from NY, but there is more. (7:22) Texas state schools had a big say in crafting the proposed bill. The Texas proposed bill would allow benefits and perks to be given in exchange for their donations, which implicates collectives and boosters. This is a tipping point for all other states to follow.
A federal NIL bill has been proposed. (12:40) Ironically, the representative who proposed the bill is from Texas, and the bill contains protections that align with the NCAA stance on the future of NIL. Such as: safeguards for school retaliation; regulatory body to enforce collectives, boosters, and student-athletes deals; student-athletes are not eligible to be employees; and protections from "frivolous litigation." Will a federal bill pass before more states craft their own NIL bills?
The National Labor Relations Board has filed a complaint against USC, PAC-12, and the NCAA. (17:58) The NLRB files a suit against USC for their labor practices pertaining to student-athletes and seeking the determination that student-athletes are employees. The NLRB is using a "joint-employer" arguments to also bring in the PAC-12 conference and the NCAA to ultimately allow student-athletes to become employees. Employee status seems imminent, and schools should start preparing
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5/25/2023 • 33 minutes, 22 seconds
Barstool's Coach Duggs joins. EA Sports NIL Work-Around, Antonio Brown's Hostile Takeover of Arena Football, Tiger Woods NDA Battle, & Nike AIR Movie
Dan Lust, Conlan Farrell, Mike Lawson & Special Guest Coach Duggs (33:00) convene to go over the latest in Sports Law: 1) Tiger Woods wins the (NDA) battle but not the (ARB) war, 2) EA Sports NCAA Football returns and pays players, 3) Antonio Brown's hostile takeover of Arena Football, 4) NFL's gambling investigation, & 5) WNBA Salary Cap Circumvention. The group also discusses Mike's trip to Oak Hill to watch the PGA Championship and the sports law components of the Nike AIR Movie.
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5/23/2023 • 1 hour, 13 minutes, 40 seconds
Brian Davis v. Bank of America & Coyotes Failed Stadium Referendum w/ ESPN's Greg Wyshynski
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Daniel Wallach (@WALLACHLEGAL) is joined by Jason Morrin (@Jason_Morrin) to discuss the updates with two sports franchises having ownership and stadium concerns. ESPN Senior NHL Writer Greg Wyshynski (@wyshynski) joins Dan and Jason to discuss the Arizona Coyotes and their failed stadium plan.
Brian Davis, who reportedly was interested in placing a bid on the Washington Commanders, brought suit against Bank of America to recoup funds connected to the bid. (1:04) In the filing, Davis alleges that BofA failed to communicate the offer to Dan Snyder and that this failure caused the loss of the team to frontrunner Josh Harris. The exhibits attached to the filing show that the funding comes from different places which may bring into question the quality of the sources.
The Arizona Coyotes failed to secure the public vote needed to approve a new stadium in Tempe. (13:08) The team planned to build the stadium on a landfill site. The problem arose in that the team would only pay $40 million of the estimated $80 million needed to make the site suitable for building. Now that the vote has failed, the Coyotes will be sent back to their current location, Mullett Arena on the Arizona State campus.
Conduct Detrimental is joined by ESPN's Greg Wyshynski to discuss the future of the Coyotes franchise regarding stadium locations, possible relocation, and the possibility of ownership changes. (30:22)
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5/22/2023 • 58 minutes, 29 seconds
The Demise of PASPA 5 Years Later: Reflections on the Historic Sports Betting Lawsuit
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. On the fifth year anniversary of PASPA being overturned by the United States Supreme Court, Daniel Wallach (@WALLACHLEGAL) and John Brennan (@BergenBrennan) look back on the case that opened the floodgates for state-authorized sports betting throughout the United States. Daniel and John share their insights on how New Jersey--which had lost court ruling after court ruling--was finally able to prevail before the Supreme Court.
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5/17/2023 • 1 hour, 27 minutes, 36 seconds
Ja Morant Gun Video, Pat McAfee Settles, Tiger Woods Hearing, & Commanders $6B Record Sale
Dan Lust, Conlan Farrell and John Nucci convene to go over the latest in Sports Law: the viral Ja Morant video and potential punishment, the resolution of the Pat McAfee-Brett Favre lawsuit, Tiger Woods' new court case, the record breaking sale of the Washington Commanders and tying up the loose ends of the Dan Snyder era.
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5/15/2023 • 53 minutes, 36 seconds
Sports Prosecution: Jackson Mahomes, Alvin Kamara, Matt Araiza, Jalen Carter, & Henry Ruggs
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Dan Lust (@SportsLawLust) is joined by Matt Tympanic (@TympanickLaw) to discuss the status of allegations and cases brought against Jackson Mahomes, Matt Araiza, Jalen Carter, & Henry Ruggs.
Starting off, Matt and Dan dive into the Matt Araiza allegations (3:49), with new evidence appearing to show that Araiza may be innocent. They then dive into the Jaylen Carter saga(16:23), as parties appear to have reached a plea deal around the fatal crash Carter played a role in. The two then turn to Henry Ruggs (25:15), whos NFL career appears to be over as Ruggs agrees to a plea deal to seerve between 3 and 10 years in prison. Finally, Matt and Dan wrap up with coverage of the lawsuit brought against "one of the most disliked people on the periphery of sports, Jackson Mahomes (37:22).
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5/13/2023 • 49 minutes, 58 seconds
Sunday Conversation: Sports Law Banter, Best Bets, and Sports Job Updates
Dan Lust and Conlan Farrell convene for an informal Sunday conversation more on the sports side of Sports Law and to discuss their new sports roles, Dan's daughter going to her first baseball game and more life updates.
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5/8/2023 • 39 minutes, 28 seconds
NIL Hour: Atlas Sports; Alabama Baseball Betting; Deion Sanders Boulders over Colorado Program
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (@tksharmalaw) and Mike (@Mike_sonof_Law) are joined by Steve Eychner (@seychner3) to discuss his NIL company that he co-founded, Atlas Sports (@atlasempowersports)
Atlas Sports was founded on the principal of encouraging athletes to brand themselves and earn what they deserve as a slice of the pie of what is the massive college sports model profits. Steve discusses what him and his partners ideas were starting Atlas and their approach with local businesses and schools. "Atlas will assist in ensuring that each athlete is given the proper opportunity to build their brand the right way to set them up for future opportunities." Make sure to check out their website here.
We have discussed Syracuse at length given the recent separation from major booster, Adam Weitsman. (17:10) Steve is a big Syracuse guy and went to Syracuse with Mike. Steve talks about his perspective on the NIL market at Cuse. Steve also gives his thoughts on the new age of Cuse basketball.
Deion Sanders is stamping his mark on the Colorado Buffaloes football program already. (28:06) Sanders came in telling the current program that he was going to be making big changes and that if the players didn't like it, they can leave. Well, that is exactly what has happened with 53 scholarship players leaving the program since December, when Sanders was hired. We discuss the strategy Sanders is taking to re-build and if they will have a viable and
competitive team next year. The Buffaloes went 1-11 last year being outscored by about 500 points, so it should only be up from there.
Alabama Baseball betting scandal. (39:49) An alert went out to halt all betting on Alabama baseball in the state of Ohio due to a very large bet placed on the LSU-Bama baseball game. A few days later, Alabama head coach, Brad Bohannon, was fired from his position for his communications with the person who placed the large bet on the game. The bet was placed in the Great American Ballpark BetMGM sportsbook in Cincinnati and was a straight bet on LSU to beat Alabama. Security cameras discovered that the person who placed the bet was communicating directly with Coach Bohannon while placing the bet. Approximately an hour before first pitch, Alabama's ace, Luke Holman was scratched for apparent back tightness. LSU ended up winning the game.
Virginia becomes the 28th state to approve a law that permits high school athletes from profiting off their NIL. (47:50) Steve gives insight into the growing market for high school student athletes taking advantage of name, image, and likeness.
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5/8/2023 • 51 minutes, 22 seconds
NFL Gambling Punishments, Draft Smokescreen Liability, Schumacher Sham AI Interview, & Favre Update
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Dan Lust (@SportsLawLust), Justin Mader (@MaderLaw), and Zach Bryson (@ZacharySBryson) break down the latest Sports Law stories. In this episode, the stories stretch from the NFL to the WWE to Formula One.
The NFL has suspended 5 different players for violating the league's Gambling Policy. (2:07) The league suspended four Lions players including wide receivers Jameson Williams, Quintez Cephus, Stanley Berryhill, and safety C.J. Moore. The fifth player suspended was the Washington Commanders' defensive end, Shaka Toney. Berryhill and Williams were handed a 6-game suspension while Cephus, Moore, and Toney are suspended indefinitely with the ability to revisit the suspension after one year. The Lions have since cut ties with Cephus and Moore.
Stories have emerged about Ohio State Quarterback and draft prospect CJ Stroud. (16:19) As part of the draft process, players take a cognitive test that is meant to determine multiple factors that the company that administers the test helps determine mental acuity. Some of those scores were leaked in the past week and according to the leak, Stroud allegedly scored an abysmal score of 18%. Other QBs in the draft scored around the 90s and 80s. According to Brandon Ally of S2Cognition, some of the scores on this leak have been misconstrued. He did not mention specific names but hinted that Stroud's score might be one of these.
Another story from the draft, the draft stock of Will Levis has been on the rise in recent days. (25:55) In a bizarre bit of internet anonymity, a Redditor posted that they had inside information that WIll Levis would be picked in the No. 1 overall spot. In just the past couple of weeks, Will Levis odds to be the first overall have gone from 40-1 to 4-1.
A German Magazine has come under fire recently for an article published in which tye used AI to create a fake interview with F1 World Champion Michael Schumacher. (34:50) Following the release of the fake interview, the Schumacher family reportedly explored their legal options against Die Aktuelle. Micheal Schumacher suffered a skiing incident in late 2013 which caused a traumatic brain injury. Since the accident, the family has kept his recovery and continued care very private. Amid the backlash for the article, editor-in-chief Anne Hoffmann was let go from the company.
Former WWE wrestler Ted DiBiase, Jr. has been charged as part of the Mississippi Welfare saga that has previously involved Brett Farve. (46:08) DiBiase was charged with six counts of wire fraud, two counts of theft concerning programs receiving federal funds, four counts of money laundering and conspiracy to commit wire fraud, and to commit theft concerning programs receiving federal funds. He has since pled not guilty and has been released until his court appearance. If it goes to trial, the DiBiase charges could shed light on others involved.
***
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4/26/2023 • 51 minutes, 16 seconds
Snyder Sale/Indemnification, Morant Countersuit, NBA's New CBA, & Sandoval Analysis
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Hosts Dan Lust (@SportsLawLust) and Stephanie Weissenburger (@SWeissenburger_) break down the latest Sports and Entertainment Law stories. They are joined by special guest Andrew Petcash (@AndrewPetcash). Andrew is an entrepreneur, investor, and former Boston U basketball player helping to build the future of sports.
The Commanders have entered the final stages of a sale that has been in the works for the past few months. (0:30) The bids have been placed with varying dollar amounts as well as varying amounts of indemnification the parties are willing to grant the current Commander's owner Dan Snyder. Stories have surfaced about a possible $7 billion bid that is coupled with full indemnity from DC native Brian Davis. Dan Snyder had reportedly reached a deal with an investment group led by billionaire Josh Harris, to sell the team for around $6.05 billion. The sale is still in the bidding stage but seems to be heading towards finalization in the coming months.
The world of NIL seems to be shifting towards the school helping to facilitate deals for their athletes. (16:15) As part of this trend, schools are consolidating their collectives to bring them under one central umbrella. Schools are also starting to form different NIL departments to help aid their students in obtaining these deals. The departments are staffed by former NFLPA and other player representatives to help navigate the wild west of the NIL landscape.
The NBA has finalized its newest CBA in an agreement with the league and its players. (24:35) Some of the provisions of the CBA stand out above the rest. The NBA has cut out any testing for cannabis. Along the same vein, players are also permitted to invest in legalized cannabis as a way to obtain money outside of the NBA. The CBA also allows players to invest in other franchises. This provision seems to be the most confusing and interesting. Finally, the NBA inserted a 65-game minimum for NBA MVP awards.
Ja Morant has filed a countersuit against the teenager who first brought suit against the basketball star. (26:50) Morant is accusing the teenager of slander, battery, and assault over a pickup basketball game at Morant’s home last July. The main complaint is that Ja claims this case has damaged his reputation to the point that he may miss out on an NBA SuperMax contract that is only afforded to certain players.
Dan and Stephanie dive into the world of entertainment law and discuss the recent possible contract dispute surrounding Bravo star Tom Sandoval of Vanderpump Rules. (52:33) The dispute stems from a podcast appearance by Tom following the recording of the tell-all segment which is done at the end of every season of many different Bravo shows. The tell-all segments are meant to recap the season and introduce other stories the audience didn't get to experience during the season. This episode had not yet aired but Tom went onto a podcast and divulged some of the stories that were going to be covered during the tell-all. Now Bravo is claiming that Tom broke his contract with the network and may face some consequences.
***
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4/19/2023 • 1 hour, 5 minutes, 9 seconds
NIL Hour: Chuba Hubbard v. NCAA Lawsuit w/ Adam Dale, Mega Booster Walks Away from NIL Landscape
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Every week, Tarun (@tksharmalaw) and Mike (@Mike_sonof_Law) keep you up to date on the latest regarding name, image and likeness. Adam Dale from Winston & Strawn joined Tarun and Mike to discuss the latest on NIL and the lawsuits against the NCAA. Adam was awarded with Conduct Detrimental's 10 Under 10 award, recognizing attorneys making an impact in sports law who have been practicing for under 10 years.
Adam Dale was a part of the legal team for the Alston v. NCAA case that went all the way up to the Supreme Court, and he joined to give insight on the next steps in the NIL world. (2:00) The Alston case is a pivotal case in the world of college sports, and a major win for athletes. Adam talks a little bit about the recent case filed against the NCAA, which is a follow up from the Alston case. Hubbard v. NCAA is seeking monetary damages for the educational benefits that were withheld from athletes, as decided by Alston. Adam discusses what athletes had access to these benefits and the analysis of the Alston decision in determining their damages. We also discuss the House v. NCAA case which is catered towards athletes benefiting off their name, image, and likeness.
Syracuse University is making headlines related to NIL for two reasons. (30:08) The first reason is a major player in the NIL space and critical to Syracuse area NIL deals, Adam Weitsman, has reportedly stepped away from his dealings with Syracuse athletes. Weitsman reported that he will no longer sign NIL deals for Syracuse athletes, and he will no longer bring in high profile celebrities to sit courtside at Syracuse basketball games. Weitsman cites that people in his circle were getting reports that the Syracuse Chancellor was not fond of the actions and reputation that Weitsman was bringing to Syracuse University and its athletic department. Weitsman did state that he will honor his current NIL deals with Syracuse athletes. The second reason is Syracuse big man, Jesse Edwards, has entered the transfer portal. The reason stated was because Edwards could not strike an NIL deal that would keep him in Syracuse. We discuss the niche dealings here because Edwards is an international student-athlete, who based on his Visa, is restricted from earning money in the United States.
***
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4/13/2023 • 36 minutes, 55 seconds
Pat McAfee Removal/Dismissal and Terry McDonough v. Arizona Cardinals
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Hosts Dan Lust (@SportsLawLust) and Dan Wallach (@WALLACHLEGAL) discuss current sports law stories including an update on the Pat McAfee defamation case. Professional football writer Howard Balzer (@HBalzer721) sits down with Dan Wallach to discuss the recent news surrounding Terry McDonough and the Arizona Cardinals.
Pat McAfee and his team of lawyers have moved the defamation case brought by Brett Farve to federal court. (1:59) A step discussed by the Conduct Detrimental crew in the past as a step that would seemingly be a no-brainer for the McAfee side. This move to federal court seems to give McAfee some advantages as he seeks to defend himself in the defamation case brought against him by Brett Farve. The Dans discuss the differences between state and federal courts as well as how these differences change the power each side will have as the case continues.
Former Cardinals executive Terry McDonough filed an arbitration claim against the Arizona Cardinals. (26:51) McDonough is seeking damages for emotional distress and breach of contract. The arbitration claim alleges gross misconduct, including cheating, harassment, and discrimination. Included in the claim is a story surrounding the use of burner phones to communicate with the Cardinals' General Manager Steve Keim while he was serving a five-week suspension. McDonough claims that following his discussions with the owner Michael Bidwell about this plan, opportunities for advancement in the NFL evaporated. The Arizona Cardinals responded to the claim saying "We are saddened to see that Terry is now lashing out at our organization with disparagements and threats that are absurdly at odds with the facts. This unnecessary and vindictive action by Terry was intended to malign his co-workers, our owner Michael Bidwill, and our team with outlandish accusations."
***
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4/11/2023 • 58 minutes, 10 seconds
NIL Hour: NCAA Congressional Testimony w/ Witness Jason Stahl; Caitlin Clark - Angel Reese Debate; AI v. NIL; Potential TikTok Ban
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Dan Lust (@SportsLawLust), Tarun (@tksharmalaw), and Mike (@Mike_sonof_Law) are joined by Jason Stahl (@JasonStahl__) to discuss the next steps in the NIL with a potential federal bill.
The women's championship game between LSU and Iowa has created a lot of buzz. (4:25) LSU defeated Iowa very easily, and Angel Reese has been criticized for her actions and competitiveness in comparison to Caitlin Clark. We discussed the actions and the whole women's tournament.
Jason Stahl discusses his experience on the congressional panel for NIL. (15:38) Jason Stahl is the founder and executive director of the College Football Players Association, which you can check out here. Jason talks about how he was the only panelist, and person in the room, that seemed to be against federal intervention. Last week we discussed Charles Barkley's comments against a federal bill too. Jason talks about the possibility for universities to take NIL into their own hands, and provide school based NIL deals for their athletes, based on media rights. Check out Jason's interview with On3 here.
Caktus AI is making waves in the NIL world. (51:30) There are three deals with college athletes with Caktus AI being Livvy Dunne, the Cavinder Twins, and Matt Bradley. We discuss the potential issues that this poses with the potential for cheating and how the use of AI technology should/will soon be banned. Matt Bradley commented about his use of Caktus AI following San Diego State's win against FAU in the Final Four.
TikTok is being investigated by Congress and could potentially be banned in the U.S. (58:33) The NIL world has concerns that this ban would impact college athletes and their potential earnings. We discuss the alternative social media platforms that could be just as successful.
***
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4/5/2023 • 1 hour, 4 minutes, 45 seconds
New York Gaming Landscape with Parkside Group Founding Partner Evan Stavisky
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Dan Wallach (@WALLACHLEGAL) is joined by special guest Evan Stavisky (@EvanStavisky) to discuss the gaming landscape in New York.
Evan Stavisky is a well-known legislative and political strategist. He was named one of the 100 most influential New Yorkers by City & State. They wrote about his “deep understanding of New York government as well as its political stakeholders.” As a Founding Partner of the Parkside Group, he oversees the representation of clients in the realm of legislation, procurement, and regulatory matters in New York.
This interview covers a wide range of topics including the possibility of land-based casinos in New York City. The pair also discuss other gaming topics including horse racing and mobile sports betting.
***
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4/4/2023 • 58 minutes, 44 seconds
NIL Hour: NIL Commentary from Charles Barkley, Jim Larrañaga, and Mick Cronin; Is NIL tied to Winning?
Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. Name, Image, and Likeness remains at that intersection as Tarun (@tksharmalaw), Mike (@Mike_sonof_Law), and Holly (@ProsecutieRests) dive into the latest on NIL.
Charles Barkley has always been outspoken about his feelings towards NIL. (1:16) Barkley recently took to 60 Minutes to state that college basketball is "a travesty and a disgrace," specifically about NIL. Barkley went on to state that the NCAA will only consist of top 25 teams who can pay their players and every other program will become irrelevant. Barkley also stated in 2021 that NIL would cause locker room rifts between players and drive teams apart. It appears that Barkley is wrong again. The Final Four consists of not a single blue blood basketball program. This was the first tournament, EVER, where a number 1 seed didn't make the Elite Eight. Number 9 seed Florida Atlantic University is in the Final Four, and their school has partnered with Opendorse to create an NIL marketplace for their athletes. We discuss how NIL, among other factors like the transfer portal, has leveled out the NCAA men's basketball playing field and increased competition.
Miami head coach Jim Larrañaga has been very supportive of NIL and his players. (13:22) This is the first full year of NIL deals being widespread. We discuss the correlation between NIL deals and winning. Miami has a successful men's and women's basketball year.
UCLA's head coach Mick Cronin was placed on the hot seat after they lost to Gonzaga in the Sweet Sixteen regarding his stance on NIL. (24:27) Cronin also showed support for NIL and his players. He even hinted at the NCAA leadership that they need to adapt and develop NIL as the future of college sports.
Charles Barkley also commented on the congressional hearings on NIL. (28:10) Barkley expressed his distaste for public officials. Nonetheless, Barkley suggested a committee of informed people be created, and that is what Congress is doing at the hearing on 3/29.
Notre Dame President John Jenkins and Athletic Director Jack Swarbrick co-authored and op-ed in the New York Times regarding NIL along with some suggestions for congress and pro leagues. (33:00) Jenkins and Swarbrick wrote the piece with a dated outlook on college athletics as they asked congress to create federal legislation. They wrote with a fear that the NCAA would implode and that NIL would turn college into the minor leagues. With that, they also asked the NFL to create a minor league, as well as asking the NBA to do away with the one-and-done rule. We analyze their suggestions and view of college athletics.
***
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3/29/2023 • 52 minutes, 24 seconds
Career Interview Series with Wasserman's Kelsey Rejko
Welcome back to THE Sports Law Podcast! We keep you up to date on everything at the intersection of sports and the law! In this special episode, Evan Mattel (@Evan_Mattel21) sat down with Kelsey Rejko to discuss her entry into the world of sports law.
Kelsey is Senior Legal Counsel at Wasserman which touts itself as an agency "serving the best sports talent, artists, brands & properties in the world." In the interview, Kelsey discusses her shift towards sports and the law following her undergraduate experience in journalism. She goes on to discuss some of the highlights of her career so far as well as some of the challenges that come along with working in the area of NIL.
Finally, Kelsey provides advice for both law students and professionals looking to expand their network. Kelsey can be found on her LinkedIn found here.
***
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3/24/2023 • 30 minutes, 52 seconds
NFL Legal Roundup, Morant Suspension, MSG v. State Liquor Authority, & Madness Lawsuits
Welcome back to The Sports Law Podcast! We keep you up to date with everything happening at the intersection of sports and law. Dan Lust is joined by Mike Lawson this week to cover all the recent updates in the sports law world.
Can you sue the NCAA because your team is not selected for the NCAA tournament? (2:25) Rutgers fans created an uproar after selection Sunday when Rutgers was not chosen for the March Madness tournament. Rutgers finished the season with a modest 19-15 record and ended up losing to Hofstra in the first round of the NIT tournament.
Ja Morant was issued an 8-game suspension by the NBA. (7:25) Morant had been taking some time away from the Grizzlies to receive counseling following the incident where he flashed a gun on his Instagram while he was in a club. We discuss the comparable suspensions related to other conduct detrimental. Most notable was the Gilbert Arenas suspension for bringing a gun into the Wizards locker room that resulted in a 50-game suspension. We also compare this situation to the 8-game suspension that Kyrie received.
Some updates in the James Dolan and MSG v. New York State Liquor Authority. (20:40) The State Liquor Authority ("SLA") hired a private investigator to look into the actions being taken by MSG (using facial recognition technology to restrict access to any venue if they are associated with a law firm with active litigation against MSG) violates the liquor laws, thus possibly resulting in a loss in their liquor licenses for those venues. These would include Madison Square Garden, Radio City Music Hall, and Beacon Theater. The SLA investigator claims that he was being followed for more than 100 miles and outside of his house taking photos. When the NYPD pulled over the vehicle later, it was reportedly a private investigator hired by MSG. MSG acknowledged they hired the PI and that it was "common and legal practice" to do so. Dolan and MSG filed an Article 78 claim in Manhattan claiming several actions against the NYS Liquor Authority seeking a preliminary injunction from any violations.
Rumors surfaced of Aaron Rodgers being traded to the New York Jets. (33:50) Not so fast, it is apparent that the Packers are demanding a higher price and it is not a done deal yet. Rogers took to the Pat McAfee Show and Barstool to discuss his plans for the future and has made it known that he will be playing for the Jets in 2023. Rogers further went on to state that he has a very tight circle and NFL reporters do not know any information related to his camp.
Joe Mixon's sister and her boyfriend are being charged in connection with the teenager who was shot outside of Mixon's residence. (40:25) The prosecution held a press conference stating that Lamonte Brewer is facing four charges including felony assault for shooting Mixon's neighbor. Video evidence shows Shalanda Mixon picking up the shell casings and leaving in a vehicle with Brewer. Shalanda is also being charged with obstruction of justice and tampering with evidence. The video also shows that Joe Mixon had a weapon on him but did not draw or fire that weapon. The prosecution stated that they will not be filing any charges against Mixon because he was lawfully in possession of his own weapon. Mixon claims to have had a recent influx of death threats on social media.
Dan Snyder is moving closer to a record sale of the Commanders. (46:51) However, Goodell appears to be receiving an extension on his contract that is set to expire in 2024. Could the final push of Goodell getting Snyder to sell seal the deal for the owners to vote on an extension for Goodell?
***
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3/22/2023 • 57 minutes, 6 seconds
USMNT Berhalter Investigation, Livvy Dunne AI Controversy, Michael Irvin Defamation, and Shaq-FTX Service Avoidance
Welcome back to THE Sports Law Podcast! This is your one-stop shop for all things sports law. In this episode, Stephanie Weissenburger (@SWeissenburger_) and Emily Costanzo (@EmilyCostanzo_) discuss the latest in the world of sports and law.
The investigation into USMNT Head Coach Greg Berhalter revealed some interesting facts regarding the relationship between the coach and Claudio Reyna. (3:40) US Soccer released their report on the coach including all of Berhalter's statements regarding Claudio and some of the reasons that Gio Reyna was benched during the most recent World Cup. Berhalter is still in the running to retain the Men's Head Coaching position but with all of the drama surrounding his relationship with the players, it is not a certainty that he keeps the position.
Michale Irvin has filed a defamation lawsuit against Marriott Hotels following an incident that led to his dismissal from the NFL Network's coverage of the Super Bowl. (12:17) Irvins case is based on allegations made against him by an employee of the hotel during his stay. In the course of the lawsuit, a video was released that showed the interaction between Irvin and the employee which seems to contradict the allegations of the hotel. The case is ongoing with Irvin asking for damages up to $100 million which is not out of possibility given the value he brings to the NFL Network and the potential damage to his reputation if his suit is successful.
LSU gymnast Livvy Dunne has added yet another NIL deal to her portfolio but this one could cause some controversy. (22:35) Dunne recently partnered with Caktus AI which touts itself as the first-ever educational AI tool. The AI can write essays or solve questions that are placed into the program. Given the way the product is geared toward students, LSU released a statement stating that the use of such AI could be against the academic code of the university. This NIL deal seems to highlight the wild west nature of the NIL landscape and how institutions have to act on their feet when problems such as this one arise.
Stories have emerged that Shaquille O'Neal might be evading the serving of process in connection with the FTX lawsuit. (35:18) While the stories seem to imply that he has been hiding in his house to avoid this, recently Shaq attended his 51st birthday out in public. The FTX lawsuit has roped in many prominent athletes including Tom Brady and Steph Curry. The lawsuit claims that individuals relied on celebrities when it came to investing in cryptocurrency. They claim the losses from the drop in cryptocurrency value were a result of their reliance on the endorsements of the athletes.
***
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3/21/2023 • 51 minutes, 35 seconds
Ja Morant Timeline, Lamar Jackson & Collusion Whispers, Bengals Workers Comp, and WWE Legalized Betting
Welcome back to THE Sports Law Podcast! This is your one-stop shop for all things sports law. In this episode, Dan Lust (@SportsLawLust), Justin Mader (@MaderLaw), and Evan Mattel (@Evan_Mattel21) break down the latest in the world of sports and law. Greg Termolle (@GregTerm) joins the podcast to discuss the latest US Men's soccer drama.
Ja Morant, a star guard for the Memphis Grizzlies, has been in the news recently for multiple events pointing to behavior concerns. (3:57) Morant recently stepped away from the team following a two-game suspension after Ja flashed a gun on Instagram live. Other stories accuse Morant of punching a 17-year-old following a pick-up basketball game. These stories have caused Morant’s deal with Powerade to be pulled for now as he goes through a counseling program.
The Baltimore Ravens placed a non-exclusive franchise tag on Lamar Jackson this past week. (17:56) Jackson was seeking a large fully guaranteed contract that he was negotiating himself without the help of an agent. If a team is interested and puts together a contract for Jackson, then the Ravens have a chance to match it.
The NFLPA recently released an email to its member stating that the Bengals’ organization is attempting to strip its players of workers’ compensation. (32:20) The email highlighted lobbying efforts the Bengals are engaged in to change the workers’ compensation law in Ohio. The NFL’s collective bargaining agreement (CBA) only requires teams to provide workers’ compensation based on the law in which the team is based.
Rumors have swirled recently that the WWE is putting a plan together to allow betting on their events. (38:24) This is surprising considering WWE matches are scripted and have a predetermined outcome. The WWE would plan to keep those results under lock and key even restricting the wrestlers’ access to the script. Many problems have been pointed out but other predetermined events, such as the Oscars, receive plenty of legal bets.
The U.S. Soccer Federation completed and released its report covering alleged domestic violence by Greg Berhalter as well as behavior issues with Claudio Reyna. (53:26) Berhalter and Reyna have known each other since they were around 11 or 12 years old. While the report did not point to any direct FIFA violations, it does include things that could cause FIFA to conduct its own investigation into their relationship and the actions of Claudio Reyna.
***
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3/14/2023 • 1 hour, 3 minutes, 56 seconds
Golf Law: Tiger Woods Legal Claims w/ Ex, Patrick Reed Dismissal, and LIV-PGA Latest
Welcome back to THE Sports Law Podcast! This is your one-stop shop for all things sports law. In this episode, hosts Dan Lust (@SportsLawLust) and John Nucci (@JNucci23) are joined by a very special guest Dan Rapaport (@Daniel_Rapaport) to discuss the top legal stories in the world of golf.
Tiger Woods' ex Erica Herman has filed suit against the golfer, claiming she was wrongfully evicted from Tiger's residence. (9:13) This claim came to light amid a lawsuit looking to invalidate a non-disclosure agreement she signed. This NDA case was brought under the Speak Out Act which "prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law."
The defamation lawsuit Patrick Reed filed against the Golf Channel has been dismissed. (15:56) Reed was suing the channel for $750 million claiming that the statements made on the channel harmed his reputation and damaged his earning abilities. Reed also made threats to sue other channels but that case never came to fruition.
As the LIV v. PGA saga continues, John Nucci has been on top of all of the developing stories throughout. (18:44) He discussed with Dan Rapaport the possibility of players returning to the PGA Tour and what that would look like from a legal standard. They also discussed how the PGA pros who remained loyal throughout would feel about the return of some of the LIV golfers.
***
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3/10/2023 • 37 minutes, 16 seconds
Hawkeyes Settle Player Lawsuit, Saban Sounds Off on NIL, Ruiz Files NCAA "Booster" Lawsuit, and College Golfers Can't Cash-in on Coaching
Welcome back to THE Sports Law Podcast! This is your one-stop shop for all things sports law. In this episode, Tarun Sharma (@tksharmalaw) and John Nucci (@JNucci23) host the podcast to give you the latest news surrounding college sports.
An Iowa state appeals board recently approved a monetary settlement stemming from a racial discrimination case filed by former Iowa football players. (0:46) The settlement totals more than $4 million with $2 million coming from Iowa taxpayers' pockets. This agreement has prompted prominent voices to question why the AD for Iowa, Gary Barta, is still in his current position at the school. Since his tenure started in 2006, there have been four discrimination lawsuits totaling almost $7 million in damages.
Nick Saban recently commented on the current state of NIL. (10:04) His statements point to his thinking that players are now choosing based on money rather than the best opportunity for their future. While Saban seems to routinely criticize the use of NIL, Alabama is working to create an environment to help their athletes produce content for NIL.
Given the prominence of NIL in the college space, golfers are faced with additional hurdles when navigating both NIL rules and USGA amateurism rules. (20:21) One of the rules, in particular, is that college golfers may not give directed instruction for any sort of compensation. While college golfers may be able to release videos with general tips, they cannot be directed at an individual. International players, which make up quite a large percentage of college golfers also face hurdles regarding their visas.
John Ruiz recently filed a lawsuit regarding his classification as a booster by the NCAA. (26:24) This lawsuit comes in the wake of the punishment handed down by the NCAA following the recruiting violations at the University of Miami. Ruiz had previously stated that if the NCAA's statements about Ruiz's classification as a booster hurt him financially then he would take legal action. The NCAA defines boosters as “representatives of the institution’s athletic interests.”
***
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3/9/2023 • 33 minutes, 17 seconds
The Impending Divorce of Dan Snyder & Washington with AJ Perez of Front Office Sports
Welcome back to THE Sports Law Podcast! This is your one-stop-shop for all things sports law. This week, Daniel Wallach (@WallachLegal) is joined by AJ Perez (@byajperez) to break down the latest on Dan Snyder, and the future of the Washington Commanders.
AJ Perez is a Senior Reporter for Front Office Sports, and has extensively covered the complete saga of Dan Snyder and the Washington Commanders. This week, he joins Daniel Wallach as they dive deep into potential bids for the Commanders, status updates on the sale process, and what we can expect to see next as we approach the NFL Annual League Meeting in late March.
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Hosts: Dan Wallach (@WallachLegal)
Producer: Zachary Bryson (@ZacharySBryson)
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3/7/2023 • 47 minutes, 33 seconds
The Baker Era Begins: How the NCAA's Recent Moves on Miami and Texas A&M Foreshadow Policies to Come and Baylor's New NIL Deal with Hally Hair
Welcome back to THE Sports Law Podcast! We keep you up to speed with everything at the intersection of sports and law. Tarun and Holly are joined on this episode by Andrew Miner (@aminer777), writer for Bears Illustrated 247.
Andrew joins to discuss the latest developments in the NIL world including the NCAA's new president, Charlie Baker, the letter the NCAA sent out to schools that seemingly targeted Texas A&M's Twelfth Man Plus Fund, and Hally Hair teaming up with Baylor University women's athletics to form a unique NIL deal.
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Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Tarun Sharma (@tksharmalaw) | Holly Summers (@ProsecutieRests)
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3/4/2023 • 33 minutes, 47 seconds
Jalen Carter, Brian Flores, Jerry Jones, NFL Films Lawsuit, & F1 Contract Drama
Welcome back to THE Sports Law Podcast! This is your one-stop-shop for all things sports law. For this episode, the production team Mike Lawson (@Mike_sonof_Law), Justin Mader (@MaderLaw), and Zach Bryson (@ZacharySBryson) take the lead to give you the biggest sports law stories.
Jalen Carter returned to the NFL combine after returning to Georgia to answer for the arrest warrant in connection with a deadly car crash that occurred back in January 2023. (3:07) The warrant was out for Carter for reckless driving and racing, a misdemeanor that can carry up to 12 months in jail and a $1,000 fine. It is unsure whether this will have an affect on Carter's draft stock which puts him as high as the number one pick in this years NFL draft.
A Texas appeals court reinstated a case against Jerry Jones after it found that the district court abused its discretion in dismissing the case. (12:58) The appeals court found that the plaintiff, J.G., acted in good faith to amend part of her pleadings to fit with a court order. J.G. claims Jones “kissed her on the mouth and forcibly grabbed her without her consent.” The suit also includes the Cowboy organization as she claims that team officials “knew or should have known of Jones’s misconduct.”
A former NFL Films employee, Victoria Russell, has brought an employee discrimination case against the company. (17:53) She alleges that she was denied a dedicated workspace, pay raises, and advancement opportunities that white, male employees enjoyed. The suit also drops a bombshell allegation that NFL Films keeps a database of clips with timestamps and labels such as “cheerleaders buttocks,” “cheerleaders rear end,” “female fan in bikini top,” “naughty camera work,” “close up of cheerleader’s breasts; cleavage shot,” “shot of endowed woman” and “random woman, cleavage shot.” NFL spokesman Brian McCarthy has released a statement denying both the discrimination claims and the claims about the video labels. He stated that these video frames are simply labeled as 'sensitive' so that they will be removed from circulation.
Judge Caproni of the United States District Court for the Southern District of New York released a decision allowing for some of Brian Flores' claims to proceed to court rather than arbitration through the NFL. (24:19) Judge Caproni concluded that Flores' claims against the Denver Broncos, the New York Giants and the Houston Texans do not fall within the NFL's arbitration clause. Judge Caproni also noted that she will retain authority to review the commissioner’s decision if he is the arbitrator. This review will undoubtedly look for bias in the NFL's decision.
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Justin Mader (@MaderLaw)
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3/3/2023 • 52 minutes, 19 seconds
Dan Snyder and The Legal Weeds with ESPN's Don Van Natta, Jr.
Welcome back to THE Sports Law Podcast! This is your one-stop-shop for all things sports law. The Dans are joined by ESPN's Don Van Natta, Jr. (@DVNJr) to break down the latest on the Dan Snyder investigations.
Don recently wrote an article on ESPN that was a great investigative report into the financial misconduct investigations by federal prosecutors in Virginia. A new area of focus is that Dan Snyder allegedly took out a secret $55 million loan from Bank of America without the minority owners’ knowledge or approval. Don writes that this loan was taken out 16 months before Snyder bought out the three other minority stakeholders shares in the Washington Commanders. Such a loan would have required approval and sign-off from the three minority shareholders. During the confidential arbitration, the three minority owners began asking questions related to the teams' finances and books and legitimacy of the loan. However, when the three owners pushed the arbitrator for the source and legality of the loan the NFL shut down the arbitration, and shifted to mediation where the three owners then agreed to sell their shares. Further, documents show that for the loan to be approved the six-person board of the Commanders needed to approve the loan (three of which were the minority owners) and Bank of America never received that approval, however NFL Commissioner Roger Goodell's signature is on the approval by the league for the Commanders to take on the loan. The three minority owners, who are billionaires as well, all claimed that Snyder was using the Commanders organization as his own personal piggy-bank, even citing a $4.5 million payment for the teams' logo to be placed on his private plane. A potential conflict could arise from this investigation into the $55 million loan, provided by Bank of America, because Bank of America is leading the current sale of the Commanders organization. You can read Don's full article on ESPN here.
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producers: Mike Lawson (@mike_sonof_law) | Holly Summers (@ProsecutieRests)
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3/2/2023 • 55 minutes, 44 seconds
Miami & The NIL Enforcement Era, LIV Contracts & PGA Motion Practice, McAfee's Pro Bono Defense
Welcome back to THE Sports Law Podcast! We cover all recent stories at the intersection of sports and law. Today, host Dan Lust (@SportsLawLust) is joined by Tarun Sharma (@tksharmalaw) and John Nucci (@JNucci23) to break down the latest stories in sports law.
The NCAA handed down its first NIL related violation against the University of Miami. (2:48) The violation pertained to the Cavinder twins who currently play for Miami's women's basketball team. The NCAA charged a prominent Miami booster John Ruiz with having an impermissible dinner with the twins during their transfer recruitment. This marks the first time that the NCAA has handed down such a violation and could show the path that new President Charlie Baker will take to enforce NCAA NIL guidelines.
The guys give their pick of where the next NIL crackdown will occur. (16:04) The odds were set at -300 for the SEC, +125 for the ACC, +250 for the BIG10, and +450 for the rest of the field. John ended up picking the ACC citing other prominent boosters surrounding Syracuse. Dan laid his money down on the SEC citing the heavy hitters such as Georgia and Alabama. He also talks about the Jimbo Fisher and Nick Saban drama. Tarun placed his bet on the BIG10 citing value and highlighting the bigger schools like Michigan, Ohio State, and Michigan State.
Details have leaked about contract provisions present in the contracts of current LIV golfers. (22:17) These provisions, as detailed by John, seem to show the restrictive nature of the contracts that could have an affect on their current lawsuit with the PGA. These provisions also seem, in some ways, to contradict the statements from golfers who made the jump about the reasons why LIV would allow them more freedom.
Dan and Tarun provide a little educational segment using the recent defamation lawsuit filed against Pat McAfee. (34:50) This includes what to do when you receive a complaint as well as the different ways a case can go following the initial filing. Dan also talks about the possibility that this case could move to federal court due to the residence of the parties involved.
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producer: Justin Mader (@MaderLaw)
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2/28/2023 • 55 minutes, 5 seconds
George "Iceman" Gervin v. Ralph Lauren, $43.5M NFL MedMal Award, and Mike Clevinger Allegations
Welcome back to THE Sports Law Podcast! We cover all recent stories at the intersection of sports and law. Jason (@Jason_Morrin) and Evan (@Evan_Mattel21) break down the latest.
George Gervin filed a lawsuit against Ralph Lauren for trademark infringement, false endorsement, and utilizing his name, image, and likeness without his permission. (2:25) Ralph Lauren released a shoe called the "Gervin Mid" which resembled the Nike shoes that Gervin wore, called the Nike Blazer, when he played in the NBA and was sponsored by Nike. Gervin's attorneys sent cease and desist letters to Ralph Lauren and alleged that Ralph Lauren claimed that they used the name "Gervin" because it sounded good and that they were unaware that Gervin was a well-known NBA player. Gervin is claiming $2 million in damages.
Former Philadelphia Eagles captain Chris Maragos recently won $43.5 million in his medical malpractice lawsuit against his orthopedic doctors. (6:50) Maragos suffered a torn meniscus and needed surgery which was conducted by James Bradley with Rothman Orthopaedics. Following the surgery, Maragos claimed that he was rehabilitated on an accelerated plan, despite an MRI still showing a slight tear. The injury ultimately resulted as career-ending for Maragos. These were doctors separate from the NFL and Eagles' organization, but this case proves to be a cautionary precedent for professional athletes' medical care, treatment, and rehabilitation.
Mike Clevinger, who signed with the White Sox, has been accused of domestic violence and child abuse by his ex-partner Olivia Finestead. (13:03) She and Clevinger have a 10-month old daughter together. She posted claims on her Instagram account that Clevinger allegedly threw an iPad at her while she was pregnant, slapped and strangled her, and allegedly threw used chewing tobacco at their daughter. She also went on to allege that Clevinger was a drug addict. Finestead went on a radio show in Chicago to speak out against Clevinger defending himself during Spring Training. Clevinger threatened legal action against the radio station 670 The Score for bringing Finestead on the show.
Jason and Evan also dive into their highly touted NHL trade deadline predictions. (19:00)
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producer: Mike Lawson (@mike_sonof_law)
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2/24/2023 • 27 minutes, 31 seconds
Alabama, Brandon Miller, and the College Basketball Murder Investigation
Welcome back to THE Sports Law Podcast! We cover all of the latest news at the intersection of sports and law. Tarun (@tksharmalaw) and Steph (@SWeissenburger_) are joined by our resident District Attorney Matt Tympanick (@TympanickLaw). Matt joins to break down the recent updates in the investigation of Alabama Basketball player Darius Miles in the murder of Jamea Jonae Harris. This week was the preliminary hearing to determine whether the case should move to a grand jury. The Judge allowed the case to proceed to a Grand Jury and denied motions for bail. In that hearing, a Tuscaloosa detective testified that Brandon Miller (a top prospect for the NBA draft) allegedly provided the handgun to his teammate Darius Miles, which was used to murder Harris. Also alleged that Miles texted Miller to bring the gun to him. Miles admitted to providing the gun to Michael Davis who shot Harris. Further, Alabama coach Nate Oats stated that their program had been aware of Miller's alleged connection to the case. Matt gives insight into the low bar of probable cause to move to a grand jury, Brandon Miller's potential criminal exposure, analysis on the case moving forward, the likely argument of self-defense, stand your ground, the element of intent, and the death penalty.
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Hosts: Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Producer: Mike Lawson (@mike_sonof_law)
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2/23/2023 • 32 minutes, 13 seconds
Johnson V. NCAA with Amanda Christovich from Front Office Sports
Welcome back to THE Sports Law Podcast! We keep you up to speed with everything at the intersection of sports and law. Tarun and Mike are joined on this episode by Amanda Christovich (@achristovichh) from Front Office Sports.
Amanda joins to discuss a major case that is pending in the Third Circuit being Johnson v NCAA. (2:54) Amanda discusses her first-person reaction to the interlocutory appeal that was argued last week in the Third Circuit with the main issue to be decided is if student-athletes are eligible to become employees. Amanda breaks down the arguments being made by the attorneys for the student-athletes and the key issues of "expectation of payment" and "control" that the NCAA and the individual schools have over the athletes. Amanda also discusses the bench making jokes at the expense of the NCAA's arguments where they state the NCAA model will be severely impacted by paying student-athletes. Amanda wrote an article for Front Office Sports which you can find here.
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Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust)
Tarun Sharma (@tksharmalaw) | Mike Lawson (@mike_sonof_law) | Holly Summers (@ProsecutieRests)
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2/21/2023 • 33 minutes, 8 seconds
Damar Hamlin and NFL Response, NCAA Transformation Committee Recs, Carlos Correa, Dana White, & Gregg Berhalter
Welcome back to THE Sports Law Podcast! Happy New Year everyone, and here's to a great year of sports law stories. The Dans are joined by Gregg Clifton (@Gregg_Clifton). Tragedy struck the football world during the Monday night football game between the Bills and Bengals. (2:50) Bills' safety Damar Hamlin suffered cardiac arrest following a collision with Tee Higgins. The medical staff worked tremendously fast to save Hamlin's life. There has been an incredible amount of support backing the Hamlin family, especially for Hamlin's foundation which has over $7 million in donations. We also discuss the CBA and protections that players have and the retirement benefits. As it currently stands, 24-year-old Hamlin does not qualify for the retirement package. With the Bills/Bengals game being cancelled, how is the NFL going to handle to playoff seeding? The DI Board of Directors appointed a Transformation Committee to lead the modernization efforts after the new NCAA constitution. (15:35) The Committee's final report has been presented to the DI Board regarding NIL and rule changes for recruiting and personnel. Carlos Correa and the Mets deal is still not a done deal. (25:05) The medical experts are still assessing the risk of signing Correa to a long-term deal regarding the results of his physical. Gregg gives insight into these deals and negotiations. Can the Mets revise the contract structure? Will there be some exclusionary language? There is a very important difference between a "reported deal" and a "done deal." US Men's National Soccer team head coach Gregg Berhalter has revealed an alleged domestic issue from 1991 with his now wife. (40:24) There has been no reported punishment. Dana White was in a physical altercation with his wife at a New Year's Party. (42:37) White's Power Slap League was supposed to debut on TBS January 18th, but has been delayed. There has been no reported punishment for White nor anything from UFC sponsors. Chris Beard was fired from his men's basketball head coaching position at Texas. (47:00) Beard was arrested on domestic violence charges a month ago for alleged strangulation of his wife. Texas immediately suspended Beard without pay following the arrest. His wife has since retracked her allegation. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (49:36) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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1/6/2023 • 58 minutes, 9 seconds
2022 Sports Law Recap: Biggest Sports Law Stories
Welcome back to THE Sports Law Podcast! Another wonderful year of sports law coverage for the Conduct Detrimental family. This episode features some of our amazing team and their arguments for the largest news story of 2022. There will be a poll on Twitter where you can vote for what you think the largest sports law story of the year was. Tarun Sharma (@tksharmalaw), who is our head of the newsletter, talks about the world of name, image, and likeness. (3:03) Evan Mattel (@Evan_Mattel21), who is our head editor of articles for the website, talks about the cheating scandal that shook up the world of Chess when the world champion Magnus Carlsen accused grandmaster Hans Niemann of cheating. (11:28) Stephanie Weissenburger (@Steph_TheLawyer), who is our head website designer, talks about the Washington Commanders and the Daniel Snyder saga. (18:35) Mike Lawson (@Mike_sonof_Law), who is our head of production for the podcast, talks about the Brian Flores class-action lawsuit against the NFL and numerous teams for racial discrimination. (30:55) Dan Lust (@SportsLawLust), who is our co-leader and co-host, talks about the Deshaun Watson saga. (39:05) *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (https://podcasters.spotify.com/pod/show/condetrimental/support
12/27/2022 • 57 minutes, 30 seconds
Carlos Correa Rescinds, WWE's Mandy Rose & the Independent Contractor Issue, $4B Suns Sale, and Facial Recognition Security at MSG
Welcome to THE Sports Law Podcast! We break down all of the latest at the intersection of sports and the law! Dan Lust is joined by Steph and Tony Iliakostas (@ailiakostas) AKA The IP Professor. Carlos Correa was said to have signed with the San Francisco Giants, but amidst medical physical issues he has now signed with the New York Mets. (7:09) The Giants had signed Correa for 13 years $350 million but this was pending a physical. Apparently, Correa was cleared by doctors, but there was a difference in opinion on the Giants and wanted to renegotiate. Steve Cohen swooped in and signed Correa for 12 years $315 million. Correa will move over and play 3B for the Mets where Lindor is at SS. Mandy Rose was fired from the WWE for making money on a social media platform similar to OnlyFans. (16:37) WWE issued a issued a letter to all wrestlers to end any third-party platform use that used their name, image, and likeness that may be detrimental to the WWE. Rose continued to use this social media platform and was terminated for it. WWE wrestlers are deemed independent contractors and do not have a union. Since her termination, it is estimated that she has made $500,000 on the social media application. MSG imposed a policy in which they ban any attorneys at firms who are in active litigation against them from attending events at their facilities. (31:40) An attorney was attending a show with her daughter and other girl scouts when she was pulled out of the security line and denied access because she works at a firm that has an active litigation against MSG. The Phoenix Suns have a pending sale for $4B. (39:30) Billionaire mortgage lender, Mat Ishbia, has agreed to buy the majority share of the Suns pending NBA approval. A patent infringement lawsuit has been brought against Fox Sports. (47:47) Fox Sports has been accused of infringing on Recentive Analytics' patents by using predictive analytics to optimize the NFL schedule and broadcasts. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (1:02:28) Also joining is the co-founder of Bettor Edge, Greg Kajewski (@gkajewski) who gives us his super bowl pick. Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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12/23/2022 • 1 hour, 9 minutes, 55 seconds
Barstool Sportsbook "Suitability" Debate, Sean Kugler "Mistaken Identity" Arb v. AZ Cardinals, New NCAA President Charlie Baker, & $1.5M Aaron Judge HR Ball
Welcome back to THE Sports Law Podcast where we keep you up to date on the latest at the intersection of sports and the law. The Dans bring on two special guests to break down all things sports law. Charlie McIntyre is the executive director of the New Hampshire lottery commission, and he joins to discuss Barstool/Penn National Gaming relationship. (20:52) The Massachusetts Gaming Commission has begun to question the integrity of PENN gaming and its relationship with Barstool Sports. PENN operates the Barstool Sportsbook and by 2023, PENN looks like it will be the 100% owner of Barstool Sports. A recent New York Times article discussed Dave Portnoy, part-owner and founder of Barstool Sports, is which they called him a "degenerate gambler." The Commission raised concerns about Barstool's marketing to college-aged students and issues as it relates to gambling. Howard Balzer (@HBalzer721) is back on the podcast to break down a regarding the firing of Arizona Cardinals assistant coach Sean Kugler. (41:09) Kugler was accused of groping a woman in Mexico when the team was playing in Mexico City. However, Kugler is claiming this is a miscommunication or mistaken identity and has filed for arbitration on his termination. Balzer wrote an article about this situation, which you can read here. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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12/20/2022 • 1 hour, 12 minutes, 20 seconds
Snyder Report Fallout, Mike Leach Litigation, Chris Beard's Charges / Contract, "Zero" Punishment for Sean Miller
Welcome to THE Sports Law Podcast where we keep you up to date on everything at the intersection of sports and the law. Dan Lust and Tarun dive into the latest in sports law. The House Oversight Committee report was released about Dan Snyder and his involvement in the toxic work environment with the Washington Commanders. (3:22) The Conduct Detrimental report found that Snyder was heavily involved and encouraged the toxic nature of the Commanders. A key piece of the report was that Bruce Allen alleged that the Commanders leaked the Jon Gruden emails, which Pat McAfee gave our very own Dan Lust a shoutout for pointing out. Mississippi State coach Mike Leach tragically passed away this past week. (19:25) Leach was the former coach with Texas Tech and was fired in 2009 after accusations that he had mistreated an athlete who complained of having a concussion. Leach filed a wrongful termination against Texas Tech which was dismissed but Wayne Dolcefino has been continuing a lawsuit against Texas Tech for Title IX violations. Sean Miller has been under investigation for the past four years for multiple NCAA violations. (30:08) This week a report came out that Miller and Arizona would not be punished and avoids penalties. Texas basketball coach Chris Beard is currently suspended after allegations of assault. (43:23) Beard was arrested following allegations that he assaulted his fiancé. The first female high school football athlete has an NIL deal in California. (40:39) Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (43:03) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (https://podcasters.spotify.com/pod/show/condetrimental/support
Welcome to THE Sports Law Podcast where we cover everything at the intersection of sports and the law. Today, Dan Lust and Justin Mader (@MaderLaw), who is an editor of our podcast, break down the latest in the sports law world. The House Oversight Committee has released their report on the Washington Commanders. (4:26) We will have a full breakdown on the podcast next week. Brittney Griner has returned to the United States after her time spent incarcerated in Russia. (7:15) Griner was initially detained in Russia on February 17, 2022 for drug smuggling charges after they discovered vape cartridges in her luggage. She was later sentenced to 9 years. In addition to playing in the WNBA, Griner spends her offseason playing in the Russian pro leagues. After almost 300 days incarcerated, she was exchanged by the US government for a Russian gun dealer. The college football transfer portal opened on December 5 with record numbers of student athletes entering the portal. (15:49) This is not too surprising given the high volume of NIL deals and collectives around the college world. The wild wild west of NIL continues as players now take advantage of the transfer portal for better opportunities to earn NIL. Following the UVA tragedy which took three UVA football players' lives, the NCAA has granted an exception for players on the UVA football team in their final year of eligibility by granting them an extra year of eligibility. (26:05) UVA football cancelled their final two games of the season for the team to grieve and attend the services of their teammates. Deion Sanders has moved from Jackson State to the University of Colorado. (30:55) There are rumors and allegations on social media that Sanders left Jackson State because money was withheld from him and the football program. Sanders had contract incentives based on ticket sales and the allegations were that Jackson State undersold or misstated the actual sales figures. There are clips of Sanders stating that the games appeared to be sold out, but Jackson State's figures would be far less. The other rumors were that Sanders paid his own money to upgrade the facilities and to feed his players. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (43:50) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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12/10/2022 • 47 minutes, 22 seconds
Meet James Krause the UFC's Pete Rose, Arson Judge Signing, Missouri Sports Betting with State Senator Denny Hoskins
Welcome back to THE Sports Law podcast! The Dans keep you up to date with everything at the intersection of sports and the law. Missouri State Senator Denny Hoskins (@DLHoskins) joins to discuss sports gambling in Missouri. (10:40) Hoskins breaks down the landscape of sports gambling and his plan for legalization. The last bill failed because not every casino was in favor of the bill. James Krause is a former UFC fighter and current coach who has made some illegal sports bets. (41:20) Krause had his corner license suspended by the Nevada State Athletic Commission after gambling investigations began following suspicious betting activity. Trent Reinsmith (@TrentReinsmith), who is a writer for SB Nation Bloody Elbow, joins to discuss the story and the now sports betting probes. Before a fight on November 5 between Darrick Minner (coached by Krause) and Shayilan Nuerdanbieke, there was a large shift in the betting line when Nuerdanbieke moved from a -220 favorite to -420. In the first round of the fight, Nuerdanbieke capitalizes on an injury to Minner's leg, and the match was over a minute in. Ontario and Alberta have banned placing bets on the UFC as a result of this. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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12/8/2022 • 1 hour, 8 minutes, 59 seconds
USA's World Cup Controversy, Antonio Brown Arrest Warrant, NYT on Livvy Dunne NIL, College Baseball Antitrust, & Deshaun Watson Returns
Welcome back to THE Sport Law Podcast. There is never a dull day in the world of sports, and we keep you up to date with everything at the intersection of sports and the law. Dan Lust, Steph and Evan Mattel cover the latest news. The US soccer social media posted a picture of the flags of the US, England, Wales, and Iran, but they blocked out the Islamic Republic symbol in the middle of the Iranian flag. (3:00) The post was to represent the games the US would play in the group stages and blocking out the Iranian flag symbol was to support the current protests happening in Iran. Iran has now stated this is a violation of the FIFA charter, under section 13, for offending the dignity or integrity of a country. The punishment calls for a 10 game suspension. Iranian players have showed support of these protests. Olivia Dunne has made recent news for her NIL deals. (11:05) Dunne is an LSU gymnast and a part of the Olympic gymnastics team. A NY Times article was published stating that "sex sells" regarding her attractiveness in making more money for NIL deals. Dunne has a very strong following on social media with 2.4M followers on Instagram and has proven her ability in gymnastics and is very good at social media. Matt Tympanick (@TympanickLaw) and Landis Barber (@LandisBarber) join to break down a number of sports law news. Antonio Brown has another legal news story. (19:40) Brown's fiancé has brought assault charges against him, and Brown has a warrant out for his arrest for throwing a shoe at her. A former NFL player Jon Kitna's son has been charged with child pornography possession. (27:00) Jalen Kitna is a backup quarterback for the University of Florida. Kitna was alleged to distribute an image of child sex abuse on a public discord. The NCAA has been sued for antitrust violations related to college baseball. (34:55) This class-action antitrust suit was brought by volunteer division 1 coaches because the NCAA restricts baseball coaches to three paid coaches. The Rose Bowl reached an agreement with the college football playoff committee. (41:40) Thus, the college football playoff will be expanded to 12 teams beginning in 2024. Matt provides updates on the criminal charges that were filed against Michigan State football players following the Michigan v. Michigan State game. (43:21) Deshaun Watson is making his return to the football field following the suspension from the sexual assault cases against him. (50:20) Attorney Tony Buzbee has announced that he will be bringing 10 of Watson's accusers to the game in Houston and sitting in a suite. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (1:03:27) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | https://podcasters.spotify.com/pod/show/condetrimental/support
12/3/2022 • 1 hour, 8 minutes, 28 seconds
Yasiel Puig's Alleged Sports Betting and Withdrawn Plea, Legality of Sports Betting Promos & Leagues' Risk Management
Welcome back to THE sports law podcast. The Dans will always be kept up to date on the latest at the intersection of sports and the law. CJ Mordock (@CJMordock) is a defense attorney and joins to discuss Yasiel Puig's withdrawal of his plea deal. (10:30) Puig has been accused of being involved with illegal gambling, and he was charged with lying to federal agents. After making the guilty plea to that charge, Puig has now withdrawn the guilty plea and changed his plea to not guilty. Puig feels that he was entrapped into pleading guilty. This withdrawal could work against him during the trial. Captain Jack Andrews (@capjack2000) joins to discuss the sports betting landscape. (31:10) Jack provides some of his wealth of knowledge and information on the world of sports betting. Jack breaks down the ins and outs of sports betting on Twitter and his website, which you can find here. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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12/2/2022 • 49 minutes
Jury sides with NCAA in Gee; NY Passes NIL Law, Lane Kiffin Defamation Hypo
Welcome back to THE Sports Law Podcast! We hope everyone enjoyed Thanksgiving. Sports Law never rests and neither do we. Dan Lust and Tarun Sharma bring you up to speed on everything at the intersection of sports and the law. Amanda Christovich (@achristovichh) from Front Office Sports joins to discuss the recent ruling in the Gee v. NCAA trial. (6:52) Matthew Gee was a football player for USC and tragically passed away from CTE. Following his death, his wife filed a wrongful death lawsuit against the NCAA for alleged negligence in their awareness and disregard for concussions and proper treatment. The jury found that the NCAA was not negligent in the injuries Gee suffered leading to his death from CTE. New York has signed into law that college athletes are now allowed to profit off their name, image, and likeness. (31:50) Holly Summers (@ProsecutieRests) is a 2L at New York Law School who works with NYLS NIL Pro Bono Project (@NYLS_NIL) Holly is also a contributor to Conduct Detrimental and wrote a recent piece discussing the recent legislation enacted in New York, which you can read here. Holly joins to discuss her article and the recent NY legislation regarding NIL. Lane Kiffin was reported to be leaving Ole Miss and being hired at Auburn by WCBINEWS Sports Director Jon Sokoloff. (42:58) However, Lane tweets out this in response. Kiffin has maintained that he will remain with Ole Miss. Does Kiffin have any potential claims for defamation? Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (56:40) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/26/2022 • 1 hour, 3 minutes, 47 seconds
FTX Lawsuit & Defendants Tom Brady, Steph Curry, Shohei Ohtani, et al.
Welcome to THE Sports Law Podcast, where the Dans keep you up to date on everything at the intersection of sports and the law. We wish everyone a very happy and safe Thanksgiving! This episode is dedicated to the impact on the sports world from the implosion of FTX. Class action lawsuits have been filed against a number of entertainment and sports figures such as Tom Brady, Golden State Warriors, Shohei Ohtani, Kevin O’Leary, and many more. The cause of action stems from false advertising and misleading statements encouraging investment. These class actions will have a massive impact on sports marketing and endorsement deals. Alan Milstein (@amilst44) joins to break down the FTX lawsuits. (12:17) The issue in these lawsuits is that these investors were placing their money into FTX accounts, similar to a bank, with a guaranteed rate of interest return, as high as 8%. Another issue is whether these transactions constituted securities, and thus the sale of unregulated securities. If this is the case, then joint and several liability would kick in for all defendants involved. What is the required due diligence of athletes before signing endorsement deals with certain companies? What is the threshold of liability for these athletes for being endorsers or brand ambassadors? Dan and Alan also discuss what needs to be done to be granted class certification in these actions. The Miami Heat stadium naming rights deal might not be enough to hold the team liable but the Golden State Warriors having FTX being the "official crypto platform" of the team may. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/24/2022 • 1 hour, 6 minutes, 2 seconds
OBJ v Nike, Panini/Breakers, FTX, Athlete Crypto, Aaron Judge’s 62nd, and Eminent Domain
Welcome back to THE Sports Law podcast where we keep you up to date on all things at the intersection of sports and law. Dan Lust is joined by Mike Lawson this week to navigate the latest in Sports Law. Odell Beckham, Jr. has filed a $20 million lawsuit against Nike for breach of contract. (7:40) OBJ alleges that Nike intentionally depressed their sales to prevent the extension clause to trigger in their contract. OBJ also alleges a breach for false cleat and glove violations. Sports Memorabilia and Trading Cards have become a hot topic in recent years. (21:38) Paul Lesko (@Paul_Lesko) writer for "Law of Cards" and Ezra Levine who is the CEO and Co-Founder of Collectable (@CollectableApp) join to discuss the latest in the space. They talk about the "breaking" industry with sports cards. Ezra talks about the "final Tom Brady TD ball." They also discuss what is happening with the Aaron Judge #62 homerun ball. An issue has arisen with Niagara University and using eminent domain to build a sporting facility. (1:01:50) Dan is joined by law students Michael DiLiello (@Mike_DiLiello) and Duncan Hubbard (@dunkuno) to break down the latest. Michael and Duncan also cover the latest in the sports crypto space. FTX lost their naming rights to the Miami Heat arena. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (1:20:42) Conlan gives you a bonus pick this week! Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/16/2022 • 1 hour, 28 minutes, 34 seconds
CAREER SERIES: Becoming an NIL Agent with Michael Raymond, Founder of Raymond Representation
Welcome back to Conduct Detrimental! This is our second episode in our Career Series where we interview those working in the sports law space. Dan Lust is joined by Hannah Valente (@hannahvalente13) to interview Michael Raymond (@Raymond_Rep) who is a sports and talent agent that specializes in Name, Image, and Likeness. He is the founder of the agency Raymond Representation. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/15/2022 • 32 minutes, 35 seconds
All Things NIL/NCAA, Bruins' Mitchell Miller, Brittney Griner, and Ime Udoka
Welcome to THE sports law podcast where we keep you up to date on everything at the intersection of sports and the law. Dan Lust is joined by Jason Morrin (@Jason_Morrin) and Justin Mader (@MaderLaw) to help break down the latest news. The Brooklyn Nets hire Jacque Vaughn as their new head coach. (1:15) With all of the negative PR surrounding Kyrie and the potential hiring of suspended Celtics coach Ime Udoka, the Nets promoted their assistant head coach in Vaughn. Brittney Griner has been moved to a Russian penal colony. (7:07) This move happened very quickly following the denied appeal made by Griner. Currently, it is unknown where Griner is being transported. The Boston Bruins have cut Mitchell Miller, but not without issue. (12:10) Miller was drafted in 2020 by the Coyotes, but had his draft status revoked after reports of his extreme bullying came out, including a juvenile conviction, and he became a free agent. Recently, the Bruins signed Miller and received immediate backlash for the signing. The Bruins are now attempting to take a step back and release Miller. However, The Bruins could face a breach of contract claim by Miller if they cut him now. Miller signed a 3-year deal, and it appears that the only reason for the release is a PR move by the Bruins when they knew all of the facts before signing Miller. Dan Greene (@DanGreene15) and Ryan Whelpley (@Whelpley_Law) join to help break down the latest on the NIL front. (26:10) House V. NCAA is a lawsuit seeking lost revenues for the NCAA's longtime prevention of athletes from earning NIL. Ryan gives some updates on the case and the movement towards class action status. Jonson v. NCAA asks the question of whether a student-athlete can be considered an employee. Johnson is currently in the Federal 3rd Circuit on appeal. Dan gives updates on the NIL legislative front with Pennsylvania amending their NIL law. (40:56) Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (49:49) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/11/2022 • 54 minutes, 40 seconds
Kyrie's Apology Deliverables, Spurs / Josh Primo Sued, and Colts' Problematic Hiring of Jeff Saturday
Welcome back to the intersection of sports and the law. The Dans break down all the latest in sports law. Kyrie Irving has been suspended by the Nets for posting a link to a movie with antisemitic views and failing to disavow antisemitism. (4:10) Mike Vorkunov (@MikeVorkunov) who is a basketball business reporter with The Athletic joins to discuss both the Kyrie Irving and Josh Primo situations. (13:47) The Nets have provided a list of objectives that Kyrie needs to do before he may return to play. Time will tell if Kyrie follows through and returns to play. There is also a question of whether the NBAPA files a grievance for the suspension. The Nets are also under the PR light of the recent departure of Steve Nash and potentially hiring suspended Ime Udoka. (30:45) Due to the recent pressures the Nets are facing with Kyrie, it is curious to see if they avoid hiring Udoka for another PR hit. Josh Primo was released by the San Antonio Spurs for exposing himself to a woman nine separate times. (37:43) A civil lawsuit has been filed and a criminal investigation has begun in Texas. The civil suit also has claims against the Spurs for their knowledge of Primo's actions. The Colts have hired Jeff Saturday as their interim head coach after they fired Frank Reich. (56:11) Saturday has no coaching experience at either the collegiate or NFL level. The Rooney Rule does not apply to the hiring of an interim head coach during the season. However, the Colts would have to fulfill the Rooney Rule at the end of the season before hiring a full-time head coach. This comes amidst the Brian Flores lawsuit against many NFL teams for hiring discrimination practices. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/9/2022 • 1 hour, 5 minutes, 22 seconds
California Sports Betting Ballot Initiatives with Ryan Butler
Welcome back to THE sports law podcast!! This episode Dan Wallach is joined by Ryan Butler (@ButlerBets). On the ballot this year in California are two sports betting initiatives for either online sports gambling or in-person sports gambling. (4:52) The first option is ballot initiative 26 which would legalize in-person sports gambling at Native American casinos and licensed racehorse tracks. The second option is ballot initiative 27 which would legalize online sports gambling. Ryan Butler of iGaming NEXT (@iGamingNEXT) joins to help break down what the future landscape of California sports betting will look like. A recent polling shows that both ballots are not favorable and are projected to fail. Online sports books have already pulled advertisements from California. Due to some tension, Ryan doesn't foresee legalization until possibly 2030 unless drastic compromises are made. Ryan also gives insight into news on the Texas sports gambling front. (45:38) *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/8/2022 • 48 minutes, 58 seconds
Feds Coming For Snyder, Michigan St Assault, Kyrie's 1st Amendment Battle, & MLB Antitrust Update
Welcome back to THE sports law podcast. Dan Lust is joined by Landis Barber (@LandisBarber) to bring you all the latest at the intersection of sports and the law. It appears that Dan Snyder is looking to sell the Commander. (2:40) Snyder has hired Bank of America Securities to explore potential transactions. Snyder does own 100% of the team after he bought out the minority owners in 2021. The Commanders are currently valued at $5.6B. Is Jeff Bezos interested in buying the team? MLB's motion to dismiss was granted in the recent anti-trust lawsuit. (8:30) After 40 minor league teams were eliminated, four filed an action against MLB for violation of anti-trust law. Court ruled that until the Supreme Court or Congress overrules the antitrust exemption currently provided to MLB, then there is nothing the courts can do. Jim Quinn was on a previous episode discussing this case and he agreed this is the result that would occur in the lower courts. Quinn has his eyes set on SCOTUS to overturn the antitrust exemption. Kyrie is in the news for posting on Twitter a link to a film that is anti-Semitic. (11:40) Kyrie has refused to apologize for posting the link. Since the recording of this episode, the Nets have suspended Kyrie for his failure to disavow antisemitism. Incident occurred after the Michigan State and Michigan football game. (20:13) Michigan player ends up being attacked by a number of Michigan State players in the tunnel going to their locker rooms. There are investigations underway, and four Michigan State players have been suspended. Connor Orr and Tom Horgan of Orr, Horgan & Flentje, who is a sponsor of our podcast, join the podcast to discuss their law firm. (28:16) OHF is a firm that practices in Nebraska. Connor and Tom talk about their legal careers and why they decided to start their own firm. They also discuss college collectives and the future impact of NIL in college sports. Our resident DA Matt Tympanick (@TympanickLaw) joins to help break down Dan Snyder being criminally investigated. (57:40) Allegations were made that the Commanders were keeping two sets of books and underreporting ticket revenues. Snyder is now being investigation for the alleged fraud and corruption. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (1:08:49) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/4/2022 • 1 hour, 12 minutes, 9 seconds
NFL-v-Snyder Fireside Chat with ESPN's Investigatory Team
Welcome back to Conduct Detrimental!! The Dans are joins this episode by some very special guests at ESPN. ESPN Senior Writers, Don Van Natta Jr. (@DVNJr) and Seth Wickersham (@SethWickersham) along with ESPN Investigative & Enterprise Reporter, Tisha Thompson (@TishaESPN). Don, Seth, and Tisha were co-authors of a bombshell ESPN article titled "Sources: Commanders boss Snyder claims 'dirt' on NFL owners, Goodell" and they join us to discuss the article and their investigation. (5:10) Snyder has hired private investigators to collect information on other owners in the league to prevent them from removing him as an owner. Snyder threatened to "blow up" the NFL with the information he has collected. You can read the entire article here. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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11/2/2022 • 1 hour, 17 minutes, 32 seconds
The NCAA's New NIL Rules & $100M College Football CTE Case
Welcome back to Conduct Detrimental! Dan Lust is joined by Tarun to bring you up to speed on the latest in sports law. Amanda Christovich (@achristovichh) joins to discuss the latest updates in the NIL space. (6:18) The NCAA has released clarifications to their NIL guidelines which prohibit universities from assisting their student-athletes from obtaining NIL deal. Also, this prevents schools from assisting student-athletes in resources for contract review, tax preparation, or graphic designing. Amanda sees these clarifications as outright new guidelines/rules. Amanda also gives insight on the very important case against the NCAA regarding concussion liability. (19:30) Gee v. NCAA has kicked off their trail. Matthew Gee was a former USC football player who later died from CTE. Amanda has been following the case very closely and gives great insight. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (36:57) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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10/28/2022 • 40 minutes, 31 seconds
Kanye Legal Firestorm, Antonio Brown $1.2M Default, & Starting a Sports Betting Company from Scratch w/ Bettor Edge
Welcome back to THE Sports Law podcast. Your place for everything that relates to sports and the law. The Dans are joined by our blog post editor Evan Mattel (@Evan_Mattel21). Kanye is currently under fire for basically everything that he is doing and with that comes Donda Sports. (2:57) Adidas recently ended their very lucrative deal with Kanye and this could lead to IP issues because Kanye owns the Yeezy trademark, but Adidas owns the designs to the shoes. The Adidas separation can knock off $1.5 billion dollars on Kanye's net worth. Kanye was also spotted being thrown out of the Sketchers offices in LA, for what is believed to be him pitching a business deal with them. Donda sports marketing also lost two massive athletes Aaron Donald and Jalen Brown amidst Kanye's controversies. The President of Donda sports is Antonio Brown, who says that he is staying with the company. Antonio Brown has a $1.2 million judgment against him for the assault on the moving truck man. (13:11) Brown had repetitive no-shows to court appearances and conferences. Brown was issued a default judgment and ordered to pay $1.2 million in damages. You have heard our sports gambling segments sponsored by Bettor Edge. Now, the Dans bring on the founders of the site, Greg Kajewski (@gkajewski) and James Seils (@jaseils). (21:30) Bettor Edge is a social betting platform that is peer-to-peer. The company won a rising stars award in the sports betting space. Greg and James talk about the start-up of Bettor Edge and where they see the future of peer-to-peer betting. Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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10/27/2022 • 55 minutes, 36 seconds
Dan Snyder and the Anatomy of a Washington Commanders Sale
Welcome back to Conduct Detrimental where the Dans keep you up to date on the latest in the sports law world. The Dans are joined this episode by Ben Fischer (@BenFischerSBJ) to break down the latest on the Dan Snyder saga. (7:03) The league owners had a meeting this week and Indianapolis Colts owner Jim Irsay expressed his desire to vote out Dan Snyder from being the owner of the Commanders. Per the NFL constitution, for this to occur there would need to be a 3/4 vote in favor of removing Snyder. Do other owners share in Irsay's feelings? Are the owners afraid of the "dirt" that Snyder allegedly has on some of them? When will the Mary Jo White report come out? Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (44:49) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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10/21/2022 • 48 minutes, 57 seconds
CAREER SERIES: Ali Ghaza, GC and EVP of Basketball Ops for Young Money APAA Sports
Welcome to a brand-new series for Conduct Detrimental. This is a Sports Law Interview series where we are going to interview people within the sports law world, and they will discuss their sports law career path. Dan Lust interviews Ali Ghaza (@Game7Ali). (8:11) Ari is the current Executive Vice President of Basketball Operations & General Counsel at Young Money APAA Sports. Ali is the definition of hard work as he is three years out of law school and has already broken into the sports law world. You do not want to miss this interview! *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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Welcome back to the intersection of sports and the law. The Dans break down all the latest in the sports law world. A new civil lawsuit has been filed against Deshaun Watson for sexual assault. (1:55) Watson's settlement was an all-encompassing settlement between the NFLPA and the NFL in which it stated that any future lawsuits would not result in punishment or investigation from the NFL. Now that a new suit has been filed, that language is being highlighted. There may be a number of new suits filed against Watson, which will have to solely play out in the court system. Dan Snyder has "dirt" on other NFL owners. (15:25) Snyder made a statement that he was effectively invincible because he has too much "dirt" on other NFL owners to be removed as an owner. It is reported that Snyder is paying attorneys to continually research other NFL owners to "dig up dirt" as a form of protection or defense for his removal. Snyder is well beyond the "Conduct Detrimental" line now. St. Louis Rams Relocation Lawsuit is back in the news. (36:40) The language used in the settlement agreement was ambiguous and failed to define certain terms. Specifically, the language used in the indemnification agreement where the owners were not to be liable for attorney’s fees and did not mention any liability to damages. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Justin Mader (@MaderLaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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10/14/2022 • 56 minutes, 1 second
Davante Adams Assault, Draymond Green Video, Concussion Protocol Makeover, and the NWSL's Sexual Misconduct Investigation
Welcome back to THE Sports Law Podcast that keeps you in the loop on all things at the intersection of sports and the law. Dan Lust is joined this week by Emily (@EmilyCostanzo_) and Conlan (@Conlan_Farrell). Davante Adams has been charged with misdemeanor assault for pushing over the camera man on Monday night football. (4:40) This is the second criminal complaint brought against an NFL player, after Wagner tackled a fan running on the field last week. We will have to see how these charges play out. From assault on the football field to assault on the basketball court, where Draymond Green punched teammate Jordan Poole during a Warriors practice. (16:23) It has been reported that TMZ sports paid $10,000 for the video of the altercation. The Warriors stated they were investigating how the video was leaked. Draymond took a step away from the team for a few days but there has been no report about possible punishment. Does this leaking of the video shade a resemblance to Jon Gruden's lawsuit against the NFL for the release of his emails which ultimately led to his termination? The NFL Concussion protocol is being reviewed and modified after the Tua situation. (30:59) They are including instability as a symptom to prevent a player from returning to play. However, is this a way to cover up that the Dolphins and NFL messed up Tua's concussion protocol? An investigation was conducted into sexual misconduct within the National Women's Soccer League. (42:40) It is reported that this was a systemic issue that has been swept under the rug for years. There were a number of male coaches whose emotional and sexual misconduct went unreported or hidden. One incident included the commissioner being emailed explicit details from a player about the conduct of her coach and it was swept under the rug. After the report was released, more reports have come out about other coaches. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (57:30) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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10/13/2022 • 1 hour, 27 seconds
WWE Tattoo IP Lawsuit, Cheating in Fishing/Chess, & Brady Divorce Lawyers
Welcome back to Conduct Detrimental! THE Sports Law podcast that keeps you up to date on every legal issue in the sports world. Dan Lust is joined by Steph and Professor Tony Iliakostas (@TheIPProfessor) this week. Steph, as an IP attorney, along with IP expert Tony break down an interesting intellectual property story in the world of videogames. (3:20) Randy Orton has many tattoos on his body and his tattoo artist, Catherine Alexander, sued 2K's videogame parent company Take-Two Interactive for their CGI portrayal of her work on Randy Orton. 2K was claiming fair use for the tattoos that it was de minimis. However, she was awarded $3,750 in damages for 2K using her artwork without her permission. This could impact future fair use cases. A massive cheating scandal is afoot in the Chess world. (11:57) World chess champion Magnus Carlsen recently lost to Hans Moke Niemann. However, there were allegations that Hans cheated, and an investigation was conducted that found Hans may have cheated in more than 100 matches. It is alleged that Hans was using technology to assist him during games. The fishing world was also rocked by a cheating scandal and Captain CJ Hansen joins to help break it down. (22:22) In the Lake Erie Walleye Trail fishing competition, which the winner is decided by weight of the catch, they found lead weights inside of the winner's fish. The fish in question was more than double the second place, and when they inspected the fish, they found a number of lead weights inside the fish. CJ talks about his experiences in fishing tournaments and the different ways he has seen fisherman cheat in competitions. Tom and Gisele Brady have hired divorce lawyers. (43:42) Gisele has made it known that she wants Tom to retire, yet Tom keeps choosing to extend his career. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (50:42) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) https://podcasters.spotify.com/pod/show/condetrimental/support
10/7/2022 • 53 minutes, 17 seconds
History of NFL Player Advocacy, Concussion Protocol & Player Safety
Welcome back to THE Sports Law Podcast that keeps you up to date on all the latest in the intersection of sports and the law. This week we cover player advocacy and safety with two great guests! The Sports Law expert Jim Quinn joins us again! (9:05) Jim discusses his representation of NFL legend Marvin Powell, who has recently passed away. Powell was a lead advocate for free agency in the NFL. Quinn filed a lawsuit against the NFL with Powell as the lead Plaintiff attacking the NFL reserve clause. Quinn dives into his career in advocating for free agency across many sports. Quinn currently has the lawsuit against the MLB for antitrust violations and as an attack on the MLB antitrust exemption. The status of that case is currently in discovery, with the goal of the Supreme Court to take down the exemption. Jim Quinn has a book out called Don't Be Afraid to Win: How Free Agency Changed the Business of Pro Sports. You can purchase it here. Former NFL player Rich Ohrnberger (@ohrnberger) joins to talk about the NFL concussion protocols. (36:12) Tua Tagovailoa has been diagnosed with a concussion after his second straight week of taken a big hit to the head. Rich talks about his experiences with the NFL concussion protocol and his take on the Tua situation. The Dolphins are being investigated for how they handled the concussion protocol with Tua. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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10/5/2022 • 1 hour, 10 minutes, 1 second
College Sports Law: Federal NIL Looms, Collective Future, New Athlete Transfer Regs, and Gamecocks' "Claw & Order" Dispute
Welcome back to the intersection of Sports and the Law! There is potential news on the horizon for the NIL space and college sports. Dan Greene (@DanGreene15) and Brendan Bell (@_bbell5) join to help break down the latest. There are currently two competing federal NIL bill that have been proposed. (3:13) One bill covers an all-encompassing student-athlete health and safety beyond NIL. The other bill is more NIL focused and is NCAA friendly providing antitrust protections for the NCAA. There have been a number of NIL federal bills proposed but none have gained any traction. Currently NIL is still in a state of "wild, wild west" and certain states have their own NIL laws. There is still a need for regulating collectives which has been addressed in the IRS code recently. The NCAA has passed rules regarding the transfer window. (15:45) The NCAA will limit, depending on your sport, a time window when student-athletes will be able to transfer. The transfer rules coupled with the lawless NIL era has created a "free agency" dynamic in college sports that last year. T.A. Cunningham has been deemed eligible by California Interscholastic Federation Southern Section. (23:55) T.A. is a top high school football prospect who moved from Georgia to California and was initially ruled ineligible by CA. Georgia does not permit NIL for college athletes, but CA does. Because there are some states that do not permit NIL for high school athletes, there will be more athletes that are recruited to a state that does have NIL for high school athletes. The college football playoffs will be expanded from 4 to 12 teams by 2026. (32:43) There are a lot of issues that need to be figured out before that time, including TV deals and revenue sharing. College football is also navigating conference realignment. Memphis basketball was investigated for recruiting violations but escaped the serious punishment of a postseason ban. (39:26) Head coach, Penny Hardaway, (who was a booster at the time) was alleged to have provided money to James Wiseman's family to move them to Memphis. Memphis still received three years of probation and a $5,000 fine. NCAA determined that Memphis failed to inform their boosters, meaning Hardaway, of the proper conduct and reporting. The NCAA also ruled to vacate all wins that Wiseman played in, which only turned out to be one game. The interesting legal story of the namesake of the mascot for the University of South Carolina which is the Gamecocks. (44:46) Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (58:21) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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9/30/2022 • 1 hour, 1 minute, 11 seconds
Tua-NFLPA Investigation; Mickelson Drops Off Suit; Snyder Renewed Pressure; NYAG on HR Chase; & Ime Udoka Aftermath
Welcome back to Conduct Detrimental for all your Sports Law new coverage. The Dans are back to bring you up to speed on the latest. Tua suffered a large hit and was showing signs of a concussion during last week’s game, but he reentered the game. (5:10) Experts believed that he would/should not return under the concussion protocol. The NFLPA stated that they would be investigating whether the Dolphins followed proper concussion protocol. Some owners in the NFL are shifting their opinion of Dan Snyder and whether to vote him out. (15:55) We recently saw the pressure put on Robert Sarver to voluntarily sell the Suns. This could have influenced NFL owners. Sponsors can also put the pressure on Snyder, like PayPal did with Sarver. Mary Jo White is still conducting her investigation surrounding the allegations of sexual assault against Snyder, and what her investigation discovers could also lead to pressure on Snyder to sell. The issue with this recent investigation is will the NFL release the report, like the NBA did with Sarver? Phil Mickelson has removed his name from the lawsuit against the PGA. (31:45) This suit had 11 LIV golfers at one point but now only four remain. Phil was the main Plaintiff in this lawsuit, but not that LIV Golf has joined as a Plaintiff, he expressed that he no longer needed to be involved. New York Attorney General, Letitia James, has called on MLB and Apple TV+ to make it easier for consumers to watch Aaron Judge chase homerun history. (45:22) The Yankees exclusive television provider is the YES Network and AG James was asking MLB and Apple TV+ to work with YES for some sort of coverage of all the games. Apple TV+ paid MLB $85 million for coverage of MLB games, and every Friday there are games live on Apple TV+. However, so long as you have an Apple ID / Apple TV account, then the game is free to watch. Ime Udoka has been suspended for one year by the Celtics. (1:01:08) The source came from within the Celtics organization. The relationships were alleged to be consensual, but there are reports that this was much worse. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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9/29/2022 • 1 hour, 11 minutes, 7 seconds
Ime Udoka v. Boston Celtics; Brett Favre's Potential Indictment; & Barstool back in the NIL Game
Sports Law never sleeps! Welcome back to Conduct Detrimental where we keep you updated with everything Sports Law. Dan Lust is joined by Conlan Farrell (@Conlan_Farrell) to navigate this week's latest news. Our resident DA Matt Tympanick (@TympanickLaw) joins to break down the potential federal charges coming Brett Favre's way. (7:43) Co-conspirator in the welfare fraud scheme, John Davis, former director of the Mississippi Department of Human Services, has pled guilty to one count of conspiracy and one count of fraud. There are more co-conspirators lining up as potential witnesses against Brett Favre. Matt also gives insight on the Ime Udoka one-year suspension from the Celtics. (I15:55) Udoka has been issued a one-year suspension and has stated that he will not resign from his position with the Celtics. Udoka is being suspended for violating the organization's guidelines for having intimate relations with two females in the Celtics organization. Tarun (@tksharmalaw) joins to break down the latest in the NIL space. (26:27) Barstool has launched a new platform called TwoYay. Athletes and businesses can sign up and this platform is an easy way for the two to connect. Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (34:45) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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The Dans are back in action joined by Mike Lawson to bring you the latest at the intersection of sports and the law. Robert Sarver has stated his intent to begin the process to sell the Phoenix Suns and Mercury. (2:18) Minority owner Jahm Najafi called for the sale of the Suns. NBA players have expressed their desire for the NBA owners to put it to a vote to remove Sarver as owner. However, Sarver took it upon himself to start the process of selling the team, which is estimated to be worth $1.8 billion. Aaron Judge is standing on the steps of history. (19:50) Judge is one homerun away from tying the American League single-season homerun total of 61 homeruns, which was set in 1961 by Roger Maris. We took to the case law textbooks of Baseball and the Law (@BaseballandLaw) on page 891 which is Popov v. Hayashi. This case was the aftermath of the MLB homerun single season record of 73 homeruns set by Barry Bonds in 2001. Popov initially caught the 73rd homerun ball and it was knocked out of his hands and Hayashi ultimately ended up with the ball. A California judge ruled that they each shared an undivided share in the possession of the ball and were to sell the ball and split the proceeds. As Judge approaches history, keep a keen eye out for who ends up with possession of number 62. Oakland Raiders relocation lawsuit has come to a halt. (36:48) California Judge rejects Oakland's appeal in the relocation lawsuit. The California court of appeals rejected the theory that the city of Oakland could be a third-party beneficiary to the NFL's relocation policy. Although this may seem like an end to city causes of actions under the relocation policy, the ruling would be a state-by-state decision. California has more stringent laws relating to third-party beneficiary contract laws. Friend of the show Jim Quinn, representing the City of Oakland, can now take the next step of appealing to the California Supreme Court. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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9/22/2022 • 55 minutes, 11 seconds
Brett Favre's $5M Welfare Scandal
WELCOME to the number one Sports Law podcast where we keep you up to date on everything surrounding the colliding worlds of sports and the law. Tarun Sharma (@tksharmalaw) Jason Morrin (@Jason_Morrin) and Matt Tympanick (@TympanickLaw) dive into the Brett Favre fraud scandal that has come to light. (3:22) Brett Favre has been implicated in a civil lawsuit where former Mississippi Governor Phil Bryant helped Favre obtain funds to build a volleyball facility at the University of Southern Mississippi, where his daughter played. It is reported that this scheme misappropriated at least $5 million of welfare funds were channeled onto building the volleyball facility. A State audit found that the Department of Human Services misspent millions of dollars in federal welfare grant funds where $94 million of the $98 million was in question. A separate audit discovered that $77 million was improperly used by the Mississippi welfare program. Text messages have surfaced between Favre, non-profit director Nancy New and former Governor Bryant were working together to deceive and misappropriate the funds. The next steps would be for federal charges to be filed against Bryant and Favre. Dan Lust is joined by Steph Weissenburger (@Steph_TheLawyer) to talk about career advice. (31:00) Dan Lust is joined by Conlan Farrell (@Conlan_Farrell) for a betting segment sponsored by Bettor Edge. (45:54) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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9/16/2022 • 53 minutes, 19 seconds
Luka Sues His Mom, Robert Sarver Banned, Scott Frost Fired, and MiLB Union Update
Welcome to the intersection of Sports and the Law. Dan Lust is joined this week by Mike Lawson to give you the latest in Sports Law. Robert Sarver has been suspended for one year and fined $10 million. (2:53) The law firm of Wachtell, Lipton, Rosen & Katz started investigating last November the allegations of racism and misogyny within the Phoenix Suns organization. The report found that Sarver engaged in conduct that clearly violated common workplace standards, as reflected in team and League rules and policies. Sarver is prohibited from all basketball activities and operations for both the Suns and Mercury teams. MLB through a statement of Commissioner Manfred will voluntarily recognize MiLB as a union. (13:30) MiLB has begun the card process required by NLRB to form a union where they were assessing the interest of Minor League Players to unionize. With the MLB statement, the union will not need to go to a vote and can be recognized immediately. The language of such voluntary recognition is still to be drafted. MiLB has reported that they will allow the MLBPA to negotiate on their behalf. The next CBA to be negotiated will be the 2023 season. Scott Frost has been terminated as head coach of Nebraska. (18:45) Frost's buyout clause provides him with $15 million. Frost's clause was set to renew on October 1, 2022, which would have only given him $7.5 million for a buyout. Why couldn't Nebraska wait a few more weeks? Josh Gerben (@JoshGerben) joins to discuss Luka Dončić's trademark battle against his mother. (24:09) Luka's mother trademarked a dozen trademarks in Luka's name in Europe and the US. Luka filed for his own trademark, and it was denied because of his mother's trademarks. However, Luka's mother will not transfer the rights to Luka and his company. Luka has now filed for a petition of cancellation of his mother's trademarks. One of the claims in the cancellation petition is that his mother is not actually using the goods. Luka also revoked the consent he originally provided his mother to file the trademarks with his name in them. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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9/14/2022 • 45 minutes, 34 seconds
Doug Gottlieb Retraction, Henry Ruggs Case, and more Sports Law & Order
Dan Lust is joined by Tarun to bring you all of the latest at the intersection of sports and the law! Doug Gottlieb was sued by Casey Close for his remarks surrounding the Freddie Freeman free agency. (7:53) Gottlieb has since apologized that he lied about stating Close failed to disclose the Braves final offer to Freeman. Freeman ultimately signed with the Dodgers. Close sued Gottlieb for defamation. Gottlieb issued a statement that he relied on a source and prematurely sent out the tweet. Close issued a statement that the matter was “closed” and a notice of withdrawal was formally filed later that same day to officially resolve the matter. MiLB is still working towards unionization. (16:04) The minor league players are still voting for whether they would be in favor of unionization. In just 10 days, over 50% of the cards have been returned. MiLB has asked MLB for temporary recognition that they are operating as a union. What happens moving forward? Does MiLB get a seat at the table or does the next CBA include minor leaguers? Our resident DA Matt Tympanick (@TympanickLaw) joins to discuss some criminal topics in sports. (28:00) The Henry Ruggs preliminary hearing has been adjourned until October before the case could move forward to trial. (28:25) Ruggs' attorneys have been fighting to keep out the blood test from the DUI. Britt Reid is working out a plea deal in the motor vehicle accident case. (41:14) The Chiefs have agreed to pay for the young girl's medical bills. Montrezl Harrell has signed with the Philadelphia 76ers. (47:19) Harrell was pulled over for following too closely to a car and the police recovered 3 lbs of marijuana in his vehicle. Harrell pled to a reduced charges of misdemeanor possession of marijuana, and it will be dismissed after one year, so long as he stays out of trouble. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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9/9/2022 • 1 hour, 1 second
Vanessa Bryant Verdict, MiLB Union, Matt Araiza Claims, Chet Holmgren Injury
WELCOME to Conduct Detrimental! The Dans are back to bring you the latest at the intersection of Sports and the law. Matt Araiza was accused of raping a 17-year-old when he attended San Diego State University. (3:00) Araiza had since been drafted by the Buffalo Bills and amidst these allegations, the Bills have released Araiza. Allegedly, some NFL teams knew about these allegations before the Draft including the Bills. This begs the question of the power of the personal conduct policy for Goodell to not be able to place him on the exempt list for actions prior to NFL and the due diligence required by teams before the Draft. Should players bear the burden of disclosure? Chet Holmgren suffered from a season ending foot injury while playing in a pro-am game. (13:38) The question is, can Chet's contract be voided for an injury occurring in a pick-up game? Ultimately, his contract would need to have a clause that prevented him from playing in any pickup games, and that they did not allow Chet to participate in this pro-am. Vanessa Bryant won in her invasion of privacy case against the LA Sherriff's and Firefighters. (21:40) The Dans are joined by Brent Schrotenboer (@Schrotenboer) of USA Today to discuss his perspective from within the courthouse and the post-verdict motions. The jury made a mistake in their award in that Vanessa was to receive $15 million instead of the original $16 million. Brent breaks down the trial and the tactics that each side used. Minor League Baseball is attempting to unionize. (1:00:45) The Dans are joined by Bill Shaikin (@BillShaikin) of the LA Times to break it down. Bill wrote an article which navigates the history of minor league baseball players advocating for more rights and ultimately leading to their request to unionize. Read his full article here. Bill considers MLB to be a reactive league over a proactive league. The MLBPA has sent authorization cards to minor league players where if they opt-in to the collective bargaining, then the MLBPA will represent them. Federal Law requires at least 30% participation. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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8/31/2022 • 1 hour, 20 minutes, 8 seconds
Around the Sports Law World: Alvin Kamara, Vanessa Bryant, Nick Kyrgios & Florida Sports Betting
Dan Wallach and Dan Lust are at the epicenter of Sports Law. This episode is the Around the Horn equivalent of the intersection of Sports and the Law. Not so similar to Around the Horn, we start with final thoughts on the Deshaun Watson saga. (1:05) NFL and the NFLPA came to an agreement on the Watson punishment with an 11-game suspension and a $5 million fine. Arbitrator Peter Harvey did not have to issue a decision and there will not be Federal Court proceedings. Is the punishment too light? Should the games Watson missed last year count as mitigation for his overall suspension? Alvin Kamara has been accused of assault and the alleged victim is being represented by Tony Buzbee. (10:35) Kamara was charged with a felony battery from the incident. The injuries sustained here are serious and there is video evidence of Kamara striking the victim. Buzbee is going to keep the pressure on Kamara and his legal team. The NFL has not stated whether they are investigating Kamara yet. The precedent shows that Kamara could be facing a 6-game suspension. Aqib Talib was going to be Amazon's in studio analyst for their new NFL broadcasting platform. (20:25) Talib has since stepped away from this role amidst his brother being accused of and charged with murder. Talib has not been charged with anything but only involved in the brawl prior to the gun shots. Nick Kyrgios is being sued for defamation by a female fan who was removed from a match Kyrgios was playing. (23:38) Kyrgios told the ump that there was a woman in the crowd who was distracting him while he was serving, and she was removed. Kyrgios accused her of being very intoxicated. However, the woman claimed to have only had one drink and was able to return to her seat after approximately 15 minutes. The woman bringing this suit is also an attorney. Kyrgios claimed she had "700 drinks" but does that rise to the level of a factual assertion? Vanessa Bryant is finishing her invasion of privacy trial against LA County Sheriff and Fire Departments. (32:26) Vanessa is claiming that the police officers and firefighters took pictures of the helicopter crash and disseminated them unlawfully. Since recording this the jury deliberated and awarded $31 million to the plaintiffs, which was $$16 million to Vanessa and $15 million to Chris Chester who was another family member of a victim. Dennis Rodman has stated he would go to Russia to discuss the release of Brittney Griner. (45:35) The Biden administration stated that they believed any other type of negotiation would hinder the current talks between D.C. and Russia. Since that statement Rodman has reversed course and said he would not go. Florida Sports Betting was legal for a brief period with their online sports betting compact, but a D.C. Federal Judge overturned that citing a violation of the Indian Gaming Regulatory Act. (49:35) The first briefs have been filed in appeal of that D.C. federal court decision. The D.C. Circuit Court of Appeals is hearing the appeal where the Seminole Tribe is arguing that the compact is not reviewable under sovereign immunity. The U.S. Department of Justice has filed an opening brief on behalf of the Department of the Interior, who approved the compact, arguing that the compact never authorized online sports betting and that the compact allocated jurisdiction from Florida state authorities to tribal authorities to determine and regulate how betting outside of Indian land is to take place. Unless there is a ballet initiative, online sports betting might not be possible until 2024 while this appeal is ongoing. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (https://podcasters.spotify.com/pod/show/condetrimental/support
8/25/2022 • 56 minutes
Case Settled: NFL v. Deshaun Watson
The Dans took to Twitter Spaces to discuss the final agreement between the NFL and NFLPA regarding the punishment of Deshaun Watson. Watson will be suspended for 11 games (increased from Judge Robinson's 6 games) and will also be fined $5 million. The Browns and NFL will also contribute $1 million each for a total of $7 million which will create a fund for non-profit organizations for sexual assault, domestic violence, education of those areas, and for survivors. What do you think? Was this punishment not enough for Watson? Was this too harsh? *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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Welcome back to Conduct Detrimental. Dan Lust is joined by Mike Lawson and John Nucci (@JNucci23) to break down this week's sports law news. Lindsey Hill accused Trevor Bauer of sexual assault last year which resulted in Bauer being suspended for 2 years. (2:04) Hill was not granted a restraining order in LA Superior Court and the Judge even stated that her request was "materially misleading" in part. The LA District Attorney's office also declined to bring criminal charges. Bauer filed a defamation lawsuit against Hill claiming the accusations were all lies to destroy his reputation. Ms. Hill has now counterclaimed claiming sexual battery and battery. This counterclaim also adds more allegations that were not brought to light in the restraining order hearing. Patrick Reed has brought a defamation lawsuit against Brandel Chamblee and Golf Channel for $750M. (14:55) Reed claims that there was a pattern of defamatory comments made by Chamblee and the Golf Channel that ultimately led to his "constructive termination" from the PGA Tour. Reed is now a part of the LIV Tour. Ben Simmons has settled his grievance with the 76ers. (29:10) Simmons was seeking lost wages in the amount of $20M. The 76ers were claiming that he breached his contract and refused to play in any games, which was why they fined him. Simmons claimed that he could not participate because of a mental illness. The settlement amount is undisclosed, and time will tell when Simmons makes his debut for the Nets. Dan and Steph speak with special guest Fred Segal, better known as Freezing Cold Takes (@OldTakesExposed) joins to discuss his new book Freezing Cold Takes: NFL: Football Media's Most Inaccurate Predictions - and the Fascinating Stories Behind Them. (36:48) You can find Fred's book here. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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8/18/2022 • 1 hour, 12 minutes, 48 seconds
LIV Players v. PGA Tour: Golf's Legal Epicenter with Jodi Balsam
Busy, busy week of sports law!! Dan Lust is joined by John Nucci (@JNucci23) to break down the latest. New this week was a win for the PGA Tour in the case where LIV golfers sued them for violating antitrust law. (2:57) Three LIV Golfers (Talor Gooch, Hudson Swafford, and Matt Jones) were also seeking a temporary restraining order to be allowed to compete in the PGA Tour's upcoming FedEx Cup Playoffs and get around the PGA suspensions. However, Judge Beth Freeman denied the TRO by ruling that the LIV golfers failed to show irreparable harm if the TRO was not granted. Judge Freeman also attacked the entirety of antitrust case by finding the LIV players had not established a likelihood of success on the merits. Read more about it here. Jodi Balsam (@JodiBalsam) joins to further assist in breaking down the news surrounding the LIV players v. PGA antitrust lawsuit. (16:53) Jodi explains the ruling of Judge Freeman and her analysis of their TRO argument. Jodi also discusses the irreparable harm argument and how the court determined their LIV payment has already compensated the golfers for the harms they have suffered by being suspended from the PGA Tour. Jodi analyzes why she thinks this lawsuit is a strategic one for LIV to provide leverage over the PGA Tour. Also, the strict nature of the LIV contracts being used are similar to the contracts they are arguing against with the PGA Tour. Jodi predicts what the future of golf looks like. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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8/11/2022 • 51 minutes, 41 seconds
Deshaun Watson Appeal; MA Sports Betting w/ Senator Eric Lesser
Welcome to the corner of sports and the law, with your hosts Dan Wallach and Dan Lust. This week was a busy one, so sit back and enjoy. The Dans start with the Deshaun Watson appeal. (3:15) The NFL has appealed the punishment decision by Judge Robinson. Commissioner Goodell decided to use a neutral party handle the appeal and selected Peter Harvey, who is the former New Jersey attorney general. However, Harvey has previously been an arbitrator for the league, was on the NFL advisory committee, and helped create the language of the personal conduct policy. The reasoning for Judge Robinson's decision and the number of games is the issue at hand. The Dans analyze the reasoning she may have used and what Harvey may use based on NFL's recommendations for punishment. Where will the punishment have to land so this case doesn't end up in federal court? 12 games? A full season? The Dans also break down what happens after the decision by Harvey, and which court does the federal appeal end up in as both parties race to the courthouse. Another issue to break down is whether Watson has waived his right to a temporary restraining order (TRO) because he and the NFLPA failed to appeal the ruling by Judge Robinson. (35:30) Dan Wallach gives three reason why Watson won't get a TRO: 1) Waiver of irreparable harm; 2) the NFL appeal is for the modification and extension of the 6 games, not amending and restating; and 3) there is no argument that wipes out the entirety of the punishment. Dan Wallach sits down with Massachusetts Senator Eric Lesser (@EricLesser) to discuss the Massachusetts sports gaming bill. (59:55) The Governor is expected to sign the bill into law. Senator Lesser discusses the movement towards kiosks as well, and that this is just the beginning for sports gambling in MA. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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8/10/2022 • 1 hour, 20 minutes, 12 seconds
NCAA Unions; LIV v. PGA; & F1 Legal Drama
Dan Lust is joined by Brendan Bell (@_bbell5) who is our college sports business reporter for Conduct Detrimental. Dan and Brendan bring you the jam-packed news from this week in the Sports Law world. Penn State football has tried to create a union with the College Football Players Association (1:55) Joining the episode is Jason Stahl and Roxanne McCray who are the executive director and president of the College Football Players Association (CFBPA). (12:20) Jason and Roxanne discuss their backgrounds and experience with the CFBPA and the goals to create a membership based program for college athletes. Jason tells his story where he "snuck" into a quarterbacks meeting at Penn State. They also discuss the prior attempts of college athletes to unionize. Jason and Roxanne discuss their "strength in numbers" strategy and their goal to educate all student athletes. They also break down the connection with NIL. Read more about the CFBPA here. Formula 1 is making news in the legal world. (43:30) We are joined by Zach Bryson (@ZacharySBryson) who is a 2L at Elon Law to discuss that Fernando Alonso has decided to changed teams from Alpine to Aston Martin. To replace Alonso, Alpine wanted to bring up a reserve driver in Oscar Piastri to join their team. However, Piastri sends out a tweet stating: "I understand that, without my agreement, Alpine F1 have put out a press release late this afternoon that I am driving for them next year. This is wrong and I have not signed a contract with Alpine for 2023. I will not be driving for Alpine next year." Read Zach's full article here. An antitrust lawsuit has been filed against the PGA Tour with Phil Mickelson at the forefront of the Plaintiffs with regard to the suspensions golfers received for choosing to play in the LIV golf tour. (59:45) John Nucci (@JNucci23) joins to help break down this lawsuit. They are claiming that the actions of the PGA Tour has caused them to lose money. However, the big name players like Phil and Bryson Dechambeau are making more money now with the LIV tour, so the question is where are the lost earnings. Phil's current suspension with the PGA Tour goes until 2024. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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8/5/2022 • 1 hour, 14 minutes, 35 seconds
The NFL: Judge Jury Executioner
Dan Lust is joined by Mike Lawson and our resident DA, Matt Tympanick (@TympanickLaw) to break down the latest in the Sports Law world. Deshaun Watson's punishment has finally been decided (for now). (2:15) Judge Sue Robinson issued her ruling Monday August 1 at 830am and found the NFL met their burden that Watson violated the personal conduct policy. The punishment for Watson is 6 games. The NFL has until Thursday August 4 to file an appeal, as the NFLPA has issued a statement that they will not be filing an appeal. If the NFL appeals, it would be reviewed by Commissioner Roger Goodell to make a decision on increasing the punishment. At that point, the NFLPA could appeal to Federal Court. Watson has also settled three more civil cases, which leaves one remaining civil case. Stephen Ross and the Dolphins were found to have violated the NFL anti-tampering policy with their impermissible communcations with Tom Brady and Sean Payton. (32:34) Stephen Ross and Bruce Beal (co-owner of Dolphins) participated in impermissible contact twice with Tom Brady, the first when he was with the Patriots in 2019-2020 and the second violation when he was with the Buccaneers in 2021, and impermissible contact once with Sean Payton in 2022 before he retired from the Saints. Ross is suspended for 6 weeks and suspended $1.5 million. Dan Snyder testified before the Congressional House Oversight Committee virtually for 11 hours. (46:26) The deposition was conducted behind closed doors, and it does not appear that the testimony will be released. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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8/3/2022 • 59 minutes, 59 seconds
College Sports: Unions / Realignment / Transfers; Kyler's HW Clause; Bar Stories
Dan Lust is joined by Landis Barber (@LandisBarber) to help navigate this week's sports law news. Kyler Murray signed a $230 million extension with the Arizona Cardinals, but it comes with an interesting addendum. (1:33) Murray's contract now includes a clause called the "independent study addendum" which requires Kyler to view game film for at least 4 hours per week during the season. If Kyler fails to comply with this clause then he can forfeit up to $100 million dollars. This also requires that Kyler must not be distracted by anything else, such as TV or videogmaes, while studying film. What do you think, is this a necessary clause? The entire College world is being shaken up between the transfer rule, NIL, and conference realignment. (10:25) Now, the latest news is unionization proposals from Penn State. The College Football Players Association (CFBPA) has sent demands to Kevin Warren, commissioner of the Big Ten, which include a share of conference revenue from media rights. Jeremy Evans (@JeremyMEvansESQ) joins to discuss the California College Sports world shake-up. (19:00) USC and UCLA will be leaving the PAC-12 to join the Big Ten starting in 2024, and this will make the Big Ten TV deals skyrocket with the coast to coast coverage of the conference. The other issue is can UC Regents force UCLA to share their profits with Cal. Does California Governor Gavin Newsom have the power to pull UCLA out of the deal because of their UC affiliation? The PAC-12 has no affiliation with the UC Regents, so Jeremy says no. Jeremy also breaks down the Penn State union proposal. (33:05) Jeremy discusses the Northwestern attempt at this years ago and why he doesn't think this will come to fruition. The NIL era has empowered players to make money and turned College Sports into the wild, wild west, but it might have impacted the possibility of unions down the line. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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7/27/2022 • 58 minutes, 38 seconds
Doug Gottlieb Libel Lawsuit; People v. Bridges / Ruggs; Dan Snyder’s Yacht
Another busy busy week! This week Dan Lust and Mike Lawson are at the helm to help you navigate the bumpy waters that is Sports Law. Our resident DA, Matt Tympanick (@TympanickLaw) joins to break down updates in the Henry Ruggs case and the evidentiary aspect of the Henry Ruggs case and whether or notthe blood alcohol test is admissible. (5:16) Matt also discusses the latest news regarding the three felony charges brought against Miles Bridges. (16:07) A surprise special guest Dan Snyder Yacht Tracker (@DanSnydersYacht) joins us to discuss the twitter account they created to track Dan Snyder's yacht as he avoids the subpoena powers of Congress. (31:01) Last but certainly not least, Josh Kusnick (@JoshuaKusnick) is back to break down the libel action filed by Casey Close against Doug Gottlieb. (40:45) Josh also gives us his perspective, as a former MLB agent, on the negotiations between the Nationals and Juan Soto, after Soto turned down $440 million over 15 years. (58:35) *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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7/22/2022 • 1 hour, 16 minutes, 32 seconds
Deep Dive: Deshaun Watson with Yahoo's Charles Robinson; Impending Dan Snyder Testimony
Welcome back to the intersection of sports and the law. Your hosts Dan Wallach and Dan Lust are here to keep you up to date on everything in the Sports Law world. Dan Snyder has offered to testify before the House Oversight Committee virtually on July 28. (4:10) There has not yet been any subpoenas issued because Synder wants to appear voluntarily. Will Synder testify? Or will he try to run out the clock? The Dans are joined by Charles Robinson (@CharlesRobinson) who is a senior NFL reporter for Yahoo. (19:36) Charles discusses the looming Deshaun Watson punishment decision. Charles also breaks down the potential for Watson's case to end up in federal court. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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7/20/2022 • 1 hour, 2 minutes, 27 seconds
Deshaun Watson Legal Standard and Appellate Review, DOJ v. PGA
The Dans are back to give you all of the latest at the intersection of sports and the law. Deshaun Watson briefs were due to Judge Robinson before she makes her decision. (2:46) We await to see when Judge Robinson's decision will come down, and then the potential appeals. The Dans give you a deep dive on what standard of review Judge Robinson may use. Read more on this here where Dan Wallach gives you an even more in depth look. The Dans also give their predictions on the amount the games that Watson may be suspended. The PGA Tour is now under investigation by the Department of Justice. (43:45) Robert Alston (@JRobertAlston) joins to help break down the latest news surrounding the antitrust investigations based on how the PGA Tour handled the LIV golf league situation with their golfers. Keep an eye out for Robert's article on our website breaking down the players who faced suspensions and the players who renounced their membership with the PGA Tour. This is the one year anniversary of our website. Thank you to all of our writers and we encourage any and all who want to write about the awesome intersection of sports and the law to reach out and write an article! *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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7/13/2022 • 59 minutes, 50 seconds
Tortious Interference with a Conference; Minor League Baseball Law; Miles Bridges; and Watson Watch
Dan Lust is joined by Landis Barber (@LandisBarber) to help break down the latest intersection of sports and the law. The NCAA is going through some major conference realignment. (7:53) The latest rumor being a shake-up in the ACC where Clemson, North Carolina, Florida State and Virginia could be moving to the SEC, with rumors of ESPN trying to void their ACC TV deal. Miles Bridges turned down a $60 million contract over four years with the Hornets. (16:41) Miles' wife posted on Instagram alleging domestic violence and other abuse with pictures. Miles was seeking a max deal with the Hornets but since these allegation have come out, there are some rumors that the Hornets are pulling their offer sheet. Dan and Landis are joined again by Joshua Kusnick (@JoshuaKusnick) to discuss the news regarding MiLB attack on MLB antitrust exemption. (21:55) Advocates for Minor League Baseball have answered the bipartisan letter seeking information by the U.S. Senate Judiciary Committee. The response letter called on the Committee to expand the Curt Flood Act to apply to minior league baseball. They proposed the bill to be called the Minor League Curt Flood Act and that this would be another limited repeal of the 100-year-old MLB antitrust exemption. Minor league baseball players do not have a union and this is what they are seeking to improve labor or contraction problems they are currently experiencing. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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Packed episode with Dan Lust and Tarun at the helm. There is big news that the USC and UCLA plan to move to the Big Ten potentially by 2024. Dan and Tarun are joined by Joshua Kusnick (@JoshuaKusnick) to discuss the latest news in the MLB. (3:52) Josh is a former MLB agent and helps break down the news that Freddie Freeman fired his agent for some alleged bad faith surrounding the offseason negotitions with the Atlanta Braves that have surfaced. The allegation is that his now former agent Casey Close did not relay the Braves final offer to Freeman. Freeman ultimately signed with the Dodgers in the offseason. Josh doesn't buy the allegations. Dan and Tarun then talk with Josh and Dean Rosenberg (@deanrosen7) to break down the latest in MLB arbitration. (26:20) Dean is a frequent writer for conductdetrimental.com and has been writing arbitration updates (read his latest here). Dean gives us three highlights from the arbitration process this year. The biggest being Aaron Judge's settlement with the Yankees for $19 million. (35:32) Josh states that the Yankees have backed themselves into a corner because Judge is going to enter free agency in the offseason without a deal. Dean breaks down some comps to elite players through arbitration and entering free agency. Josh also talks about his work surrounding Bobby Bonilla day, which is July 1, and his work creating limited NFTs for the day. (48:27) We have hit the one year anniversary of Name, Image and Likeness "wild, wild west" in the college sports world. Dan Greene (@DanGreene15) and Ryan Whelpley (@Whelpley_Law) join to help break down how the year has gone and current issues arising. Now that athletes are making money from NIL, they need to file their taxes and Ryan helps break that down. Also, are collectives here to stay? *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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7/1/2022 • 1 hour, 15 minutes, 27 seconds
Mega Episode: Deshaun Watson Hearing Analysis w/ Josina Anderson
Our first Twitter Spaces was a great success and we will continue to do more of them. We covered the Deshaun Watson hearing and took a deep dive into what the potential punishment for Watson will be. We were joined by Josina Anderson (@JosinaAnderson) who gave great insight into the hearings. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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7/1/2022 • 2 hours, 23 minutes, 37 seconds
Roger Goodell Testifies Before Congress re: Commanders/Snyder
The Dans break down the Congressional House Oversight Committee hearing held on June 22, 2022. We are joined by Megan Imbert (@meganimbert) who is a former employee of Washington and discusses her first-hand experiences. (16:55) The hearing provided some answers but we left with more questions. The fact that Dan Synder couldn't even bother to show up to testify. Also, Commissioner Roger Goodell's testimony, most importantly stating that "he does not have the authority to remove Dan Snyder" as owner of the Washington Commanders. The Washington organization held a shadow investigation on employees who spoke out about the team's toxic culture and to discredit the accusers. Goodell also said that the report could not be release with redactions. Next, Dan Synder will be served with a subpoena to testify. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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6/23/2022 • 59 minutes, 42 seconds
Deshaun Watson (Partial) Settlement Episode
The Dans break down the latest news that Deshaun Watson has settled 20 of the civil lawsuits against him. There are still 4 civil lawsuits pending. Plaintiff attorney Tony Buzbee has also hinted at 2 more suits being filed. We also have to wait and see how the NFL handles the news of the settlements as it relates to punishment for Watson. If and when will the NFL issue a suspension? How long will the suspension be? Will it be before the season for the appeal process to be completed by Watson? *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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6/22/2022 • 37 minutes, 16 seconds
Sports Betting Updates: California and Massachusetts
Dan Wallach and Mike are back with the latest in the sports gambling world. Today they discuss California and Massachusetts as they slowly work towards legalization. California (2:15) has two competing bills on the ballot for CA residents to vote on in November of 2022. The key here is can both survive, we say no. Massachusetts (14:35) has collective agreement to legalize sports gambling but the House and the Senate cannot agree on language of the bill, and are disagreeing over allowing college sports betting, tax rate, and advertisements. The end of the regular session for their legislature is July 31, so keep a close eye on this. Dan and John Nucci wrote and article for Forbes about Massachusetts legalization here. Dan Wallach is joined (24:30) by Senator Jon Ford (@votejonford) and Delegate Shawn Fluharty (@WVUFLU) to discuss the upcoming National Council of Legislators from Gaming States (@NCLGS) sports gambling conference in Boston on July 7-9. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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6/17/2022 • 1 hour, 7 minutes, 19 seconds
Oliver Luck v. Vince McMahon's XFL
The Dans are joined by Ben Fischer (@BenFischerSBJ) to discuss the lawsuit against the XFL that is going to trial next month. Ben wrote about this in Sports Business Journal (@SBJ). Read his full article here. Oliver Luck was the former commissioner of the XFL and was fired by Vince McMahon. Luck is suing McMahon and Alpha Entertainment for wrongful termination and to recover his remaining salary and bonuses in the amount of $24 million. The cause of the termination was cited by McMahon to be about signing Antonio Callaway when the XFL expressed wishes to not sign any players with a legal and/or immoral past. The key issue in this lawsuit is did Luck breach his contract when he signed Callaway? *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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6/14/2022 • 52 minutes, 44 seconds
The Case Against The Houston Texans
The Dans break down the updates in the Deshaun Watson civil complaints against him. The New York Times wrote an article (read it here) stating that Watson had as many as 66 women giving him massages. Also, the Houston Texans have now been added as a Defendant in these civil complaints. What was the Texans role in all of this? The Texans provided Watson with an NDA and the Texans were allegedly setting up these massages for Watson. The Browns stated that they did their due diligence when signing Watson. However, more information is still developing with the Watons civil complaints. Could the Browns void his contract? Roger Goodell has yet to place Watson on the exempt list. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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6/10/2022 • 34 minutes, 24 seconds
The Golf Episode: PGA v. LIV
Dan Lust is joined by guest host John Nucci (@JNucci23) to break down the PGA v. LIV golf league showdown. Talent is leaving the PGA and joined the Saudi Arabian backed LIV league. The biggest names being Dustin Johnson and Phil Mickelson. Dan and John are joined by Shon Crewe (@ShonCrewe) who is the host of Northwest Golf Show, ESPN Radio (@SeattleSports). Shon breaks down the news surrounding the LIV golf league and what is next for the PGA Tour, the Majors, and the golf world. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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6/8/2022 • 30 minutes, 21 seconds
Depp Verdict; Joc Slapped; Watson #23; and Snyder Invited
The Dans are back to bring you the latest at the intersection of sports and the law. However, they start at the intersection of entertainment and the law first. (4:40) Johnny Depp's defamation trial against ex-wife Amber Heard and Heard's counter defamation suit against Depp has come to a verdict. Deshaun Watson has a 23rd civil complaint filed against him. (15:12) When will the NFL issue a suspension? Or will they wait until cases have settled? Tommy Pham slaps Joc Pedersen over fantasy football issues. (25:11) Pham claims Joc stashed ineligible players on his IR roster spot and that his money was at stake. Pham also called out Mike Trout for being "the worst commissioner in fantasy sports." Pham was suspended 3 games by the MLB. This leads to the ultimate question: should professional athletes be allowed to gamble on sports at all? Dan Snyder may testify before the Congressional House Oversight Committee on June 22, 2022. (36:14) Along with Dan Snyder will be Roger Goodell's testimony. The Committee sent letters to both Snyder and Goodell requesting their presence to testify and have not yet subpoened either of them. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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The Dans cover another packed week in sports law. Deshaun Watson's attorney Rusty Hardin made some comments about Watson's meeting with the NFL and they could be detrimental. (2:35) The Washington Commanders are buying some property in Virginia. (12:50) It appears the Commanders are looking to relocate and have a publically funded stadium with a sports betting license. Jon Gruden's case versus the NFL had their hearing on the motion to compel arbitration. (20:40) The judge denied the NFL's motion to compel and the case will stay in the courts. A.J. Perez (@byajperez) joins the Dans to discuss the Gruden hearing from his perspective inside the courtroom. (31:00) A.J. discusses what the Judge said during the hearing and the reasoning for the denial of the motion to compel arbitration. The NFL had each team pay $7.5M for the St. Louis Rams relocation lawsuit and the issue now is whether Stan Kroenke will have to repay the $232.5M back to the owners. (52:53) Does Kroenke have a good argument based on the indemnity agreement on why he shouldn't have to repay the settlement amount? *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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5/27/2022 • 59 minutes, 29 seconds
Sports Gambling Past, Present, and Future with Joe Asher
Dan Wallach and Mike Lawson are back for their Sports Gambling Roundup as they are joined by Joe Asher (@JoeAsher) who is the current President of Sports Betting at IGT. Joe discusses his career from Skadden to Brandywine Bookmaking to William Hill US to IGT. Joe was a pivotal player in the movement towards sports gambling legalization and the ultimate overturning of PASPA. Joe also breaks down the future of sports gambling and his ultimate prediction that all 50 states will have sports gambling legalization. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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5/25/2022 • 1 hour, 11 minutes, 59 seconds
NIL Showdown: Saban v. Jimbo with Darren Heitner
The Dans are joined this week by Darren Heitner (@DarrenHeitner) to break down the allegations that Nick Saban stated about Jimbo Fisher and Texas A&M. Saban accused Texas A&M of buying every recruit on their team, making reference to an NIL deal. Darren breaks down the current landscape of NIL and the accusations that Saban threw around about Deion Sanders and Jimbo Fisher. He also discusses John Ruiz, a supporter of University of Miami with NIL deals for athletes, and his response to Saban's comments. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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5/23/2022 • 35 minutes, 26 seconds
NFL Sports Law Combine: Rams, Jeudy, Lambo, Gruden, Watson; and Matt Harvey Suspension
The Dans break down all the latest in sports law this week! They discuss the NHL's player injury reporting procedures regarding Crosby's concussion and whether he was playing game 7. (4:15) The talk about the impact this has on sports gambling and betting lines. The St. Louis Rams lawsuit is back. (11:05) There have been hundreds of pages that were unsealed after the St. Louis Post Dispatch filed a motion to unseal arguing they were public records. These documents show that Kroenke was lying all along and the NFL was aware regarding the land purchase in California and the ultimate move to LA. The NFL aslo referenced the possibility of the Raiders moving to St. Louis. Jerry Jeudy was arrested for criminal tampering. (21:24) He allegedly locked some items in a car away from the mother of his child. However, she is not cooperating at this time and that will make it difficult to bring charges and for the NFL to issue any suspension. Josh Lambo files a lawsuit against the Jacksonville Jaguars, his former team, for a hostile work environment. (27:27) Urban Meyer was the prior head coach who allegedly kicked Josh in the leg during warmups. The lawsuit he was verbally and physically abused and the environment as a whole was hostile to play and work in and seeks $3.5M in compensation. Does the aribitration clause apply here? Jon Gruden has a hearing coming up in his lawsuit against the NFL. (37:54) Will his case remain in the courtroom? Or will it be forced into arbitration? Updates on the civil suits against Deshaun Watson. (43:28) Watson appeared back for depositions and some of the testimony has been leaked by Tony Buzbee. The NFL has not placed a suspension on Watson. Is Buzbee attempting to push Goodell to suspend Watson? Matt Harvey suspended for 60 games after his testimony in the Tyler Skaggs drug overdose lawsuit and involvement in providing drugs to Skaggs. (52:15) Trevor Bauer speaks out that his punishment in comparison to Harvey's is excessive. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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5/19/2022 • 1 hour, 3 minutes, 32 seconds
Saving College Sports, Advice for Grads, & Conduct LIVE Recap w/ Maddie Salamone & Steve Simmons
Joining Dan Lust as a guest host today is a veteran writer for ConductDetrimental.com, Landis Barber (@LandisBarber) for this episode packed with college sports topics. Dan speaks with Maddie Salamone (@madsal15) who is a former Duke lacrosse player and a current athlete advocate who spoke at the Sports Lawyer Association conference in Atlanta this year. (12:16) Maddie discusses ways that the NCAA model can change for the better and the pressing need to focus on student-athlete mental health awareness. The NCAA must start to actually put the student-athletes first. Dan and Maddie also give some advice for law students as they graduate and enter the job force. Dan and Landis are joined by Steve Simmons who is the co-founder of @NilPartners and a former D1 rower at Colgate University. (49:30) Steve talks about the biggest issues in college sports surrounding transfer portals and how the collectives with NIL are impacting student-athletes. Steve also discusses the impact and pressures that NIL is placing on athletes to succeed, epecially in the context of mental health. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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5/18/2022 • 1 hour, 15 minutes, 58 seconds
College Sports Law: SCOTUS to the NIL Era
Dan Lust is joined by another fellow Dan, Dan Greene (@DanGreene15), who is an Associate for Newman and Lickstein in Syracuse, NY. (8:25) They break down the latest in the Name, Image, and Likeness space. What is going to happen with the collectives that are occurring? They also discuss the landscape of high school NIL laws. Adam Dale joins (24:00) who is an Associate at Winston & Strawn LLP in NYC. Adam worked on the Alston v. NCAA case and discusses his experience working on the case. Adam breaks down the historical SCOTUS ruling and how it relates to NIL. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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5/10/2022 • 55 minutes, 14 seconds
MLB Antitrust Exemption Lawsuit; Brian Flores Class Action Update; Sports Lawyers Association Conference
The Dans discuss the recent updates in the Brian Flores v. NFL class action lawsuit following the initial status conference with the Judge. (3:15) They discuss what to expect seeing forward with the motion to compel arbitration, and who that arbitrator might be due to the bias of Roger Goodell. We are joined again by Jim Quinn (20:30) to discuss updates in his case against the MLB and its antitrust exemption. Jim discusses the recent motion to dismiss filed by the MLB and his arguments for the strength of his case, as well as the impact of striking down the MLB antitrust exemption. Jim gives his take on the lockout and CBA negotiations of the MLB. The last time Jim was on he discussed his Oakland relocation lawsuit against the NFL and gives an update here. We are also joined by Gregg Clifton (@Gregg_Clifton) who is a sports law attorney and prior MLB agent to discuss the wild wild west of NIL. (47:48) Gregg also discusses the upcoming Sports Lawyers Association (SLA) Conference in Atlanta. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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5/5/2022 • 1 hour, 9 minutes, 30 seconds
Trevor Bauer Suspended; Isaiah Wong NIL Controversy
Dan Lust and Tarun are joined by resident DA Matt Tympanick (@TympanickLaw) to break down the two-year suspension of Trevor Bauer and the newest allegations against him. (1:15) Isaiah Wong (27:25) is a basketball player for the University of Miami and a statement was released that he was unhappy with his current NIL compensation and if he did not receive more compensation then he would enter the transfer portal. Will there be more hold-outs, similar to what we see in professional sports? Dan and Tarun discuss the current NIL landscape. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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5/2/2022 • 51 minutes, 58 seconds
Jerry West & Trevor Bauer Defamation; Yankees Letter with Evan Drellich
The Dans and Mike break down the potential Jerry West defamation lawsuit against HBO for their series "Winning Time." (1:51) Is there enough merit to West's claim to show actual malice for the way he is portrayed in the series? Trevor Bauer (12:58) has brought a defamation lawsuit against the woman who made sexaul assault allegations against him and one of her lawyers. We discuss the merit of this lawsuit and the burden of actual malice. We are joined by Evan Drellich (@EvanDrellich) of The Athletic (19:42) to break down the release and contents of the unsealed Yankees letter surrounding the sign stealing scandals. Evan discusses what this letter actually means for how MLB handled the investigation. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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4/28/2022 • 44 minutes, 15 seconds
Dan Snyder & Commanders with Washington Post's Nicki Jhabvala
The Dans are joined by Nicki Jhabvala (@NickiJhabvala) from the Washington Post (4:51) to break down the latest financial allegations against Dan Snyder and the Washington Commanders. Nicki dives into her coverage of the Washington Commanders and Dan Snyder from the beginning of the allegations a couple years ago to the present. Nicki takes us through the Commanders' response to the financial allegations and the credibility of ex-employee Jason Friedman. Nicki talks about the pressure from other NFL owners and the potential vote out of ownership of Dan Snyder. The Dans also went head-to-head this week in our latest episode of Bench Points (rebranded from Opening Arguments) talking about the latest in the Washington Commanders legal troubles. (40:25) They also cover updates with the Deshaun Watson and Brian Flores lawsuits. Watch the full episdoe here. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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4/20/2022 • 59 minutes, 34 seconds
FTC v. Commanders; 18 Other Watson Masseuses; and $120M Oregon Ducks Football Trial
Dan Lust, Mike and Tarun dive into this week in sports law. The Washington Commanders continue to be under fire for their cooking the books allegations. (6:39) The FTC has now been brought in to investigate, and there are more allegations that fans' season ticket deposits were also being kept illegally. Deshaun Watson's civil cases are moving forward with discovery. (19:33) The scheduling order has come out that no trial shall be scheduled from August 1, 2022 through March 1, 2023 (vis-à-vis the NFL season). There has also been a discovery ruling that Deshaun Watson must disclose his relationships with the 18 masseuses who testified in his favor. The lawsuit against the NCAA and Oregon trial began this week. (29:44) Doug Brenner, a former OL with Oregon football has brought suit against the NCAA, Oregon, and former Oregaon head coach Willie Taggart for $120 million dollars in combined pain and suffering and punitive damages. The allegations stemmed from the 2017 season in which the players pre-season strength and conditioning sessions were physical punishment and caused a number of health issues for players. We brought on Kevin Darby (@KODarby) who won the inaugural Conduct Detrimental March Madness bracket. (43:53) Kevin talks about his interesting path to law school. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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4/14/2022 • 1 hour, 2 minutes, 9 seconds
Brian Flores Lawsuit; Defendants Titans & Cardinals; Brady Theory w/ Ben Volin
The Dans dive into the amended complaint filed in the Brian Flores lawsuit. The lawsuit now adds the Titans and Cardinals as Defendants with the same allegations of sham hiring processes. Is class certification next? Ben Volin (@BenVolin) from the Boston Globe joins the Dans (19:58) to discuss the Brian Flores lawsuit. Ben breaks down how Tom Brady connects to the Brain Flores lawsuit and how close Brady came to being a minority owner of the Dolphins. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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4/8/2022 • 42 minutes, 16 seconds
Washington Commanders (Allegedly) Cook the Books with AJ Perez of FOS
We are joined by AJ Perez (@byajperez) from Front Office Sports to give us the latest on the Washington Commanders saga. (4:50) The Commanders and Dan Snyder allegedly were cooking the books as they reportedly did not turn over the necessary 40% of net ticket sales per the revenue sharing agreement with the NFL. The House Oversight Committee continues to investigate. AJ wrote an article diving into these allegations in which the Commanders withheld ticket revenue from the NFL. Read AJ's full article here. Our very own Steph, took a deep dive into the federal filings against the Commanders for other accusations relating to financial improprieties. She discusses her findings and the accusations coming from the previous three minority owners, who Snyder bought out last year. Read Steph's thread here. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw) | Steph Weissenburger (@SWeissenburger_) Twitter | Instagram | TikTok | YouTube | Website | Email
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4/7/2022 • 57 minutes, 52 seconds
Sports Gambling Legislative Roundup
Dan Wallach and Mike join for a new segment covering the latest in the sports gambling world. Make sure to check out the video on our YouTube channel. Georgia has a deadline for tomorrow (4/4/2022) for their legislative session to legalize gambling. There is a lot left on the table to discuss and figure out in time for this deadline. It does not appear possible to achieve in a state where casino and horse racing gambling is not yet legal. Kansas and Missouri are still a month away from their deadlines and are much closer to legalizing sports gambling. The rivalry between the two states is driving each other closer to legalization in an effort not to fall behind their neighboring state. Cannot help but believe a missed opportunity for Kansas with their men's basketball team playing in the championship game on 4/4/2022. New York has a similar deadline by tomorrow for their state budget bill to be passed. Within that bill we could see an acceleration of the 2023 date for three downstate casino licenses. Also, within the NYS budget bill is going to be the determination of the amount of public funding going towards the new Buffalo Bills stadium. Looking at $850 million dollars, this will be the largest publicly funded stadium of all time. With the July 1, 2023, expiration of the Bills current stadium lease, this is the second to last chance to pass a budget that the Bills ownership will agree to before the possibility of relocation. New York also just had the ruling come down on the issue of whether daily fantasy sports is constitutional under NY State's constitution. NY's highest court, the Court of Appeals, ruled that DFS are games of skill and thus constitutional. They also gave the legislature deference to determine the constitutionality and define DFS. This a key case that can be used against future constitutional challenges with other skill-based games. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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Dan Lust, Emily and Steph break down Deshaun Watson's second grand jury hearing. Watson was once again not indicted with any criminal charges. 22 civil lawsuits are still pending. The Cleveland Browns seemed to have won on their huge gamble in trading for Watson and signing a $230M GUARANTEED contract. The Cleveland Browns took to the public and held a press conference on the Watson signing. The Browns discussed the "due diligence" they conducted. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Emily Costanzo (@EmilyCostanzo_) | Stephanie Weissenburger (@SWeissenburger_) Twitter | Instagram | TikTok | YouTube | Website | Email
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3/28/2022 • 29 minutes, 52 seconds
Yankees Letter; Watson to Browns; Kentucky Sports Betting
What is inside the Yankees letter?? (3:40) This week Dan Lust, Mike, Emily, and Hunter Bedard break down the Second Circuit ruling to unseal the letter between the Yankees and MLB containing sign stealing scandal information. Hunter Bedard (@hunter_bedard98) is the President of the University of Florida Levin College of Law Entertainment and Sports Law Society and also talks about the UVA softball tournament and a possible dynasty forming in UF Law's team. The Cleveland Browns make history (23:50) with the largest guaranteed contract in NFL history. Is this negligent with the 22 civil lawsuits still pending? The first year of Watson's contract is $1 million. Does this mean Watson is expecting a suspension to come from the NFL? Sports Gambling Corner with Dan Wallach (44:50) as he speaks with Kentucky State Representative Adam Koenig regarding Kentucky's sports gambling possible legalization. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Emily Costanzo (@EmilyCostanzo_) Twitter | Instagram | TikTok | YouTube | Website | Email
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3/23/2022 • 1 hour, 2 minutes, 56 seconds
NCAA Hoops Corruption Case with Dan Wetzel; Brady “Inside Info” Controversy; & Watson Watch
Tom Brady is back! (1:55) The Dans discuss the legal implications surrounding the betting odds and the bets made before and during the window before the odds shifted after Brady's announcement. They also discuss the Brady "last touchdown" football that sold for over $500K. Should the deal be voided? Is a lawsuit coming? Deshaun Watson (11:33) is making news regarding where he may be traded. The front runners being the Saints, Panthers, Falcons, and Browns. Where does Watson end up? Also, Watson has given testimony for more civil depositions. Dan Wetzel (@DanWetzel) of Yahoo Sports joins us (19:30) to break down the College basketball bribery scandal. We have entered the Name, Image, and Likeness era of college athletes finally being able to be paid for their NIL. The three Dans dicsuss the federal investigation for the NCAA bribery scandal involving multiple schools. Recently, Will Wade was fired from LSU stemming from these allegations. There has been some fallout in this case now in the NIL era because Christian Dawkins was punished for giving money. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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3/17/2022 • 1 hour, 18 minutes, 22 seconds
The Deshaun Watson Episode
We are joined by our resident DA Matt Tympanick (@TympanickLaw) to break down the recent grand jury hearing and civil depositions. Did the DA hide behind the grand jury ruling? Tympanick explains that although state criminal charges can no longer be brought, Watson could still face federal charges. There is also a possibility that the other 12 women in the civil cases, who didn't originally bring criminal complaints, could now come forward. Dan Lust and Matt answer a number of questions surrounding Watson's future: Will Watson be traded now that there are no criminal charges? Does Watson have to settle his civil cases before a trade happens? What does this mean for Watson's potential punishment from the NFL? Matt also gives some insight and advice to open up his own practice. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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Calvin Ridley has been suspended one year (2:21) for gambling on football games. Ridley allegedly bet a total of $1,500 while he was on leave from the team for mental health problems last season. Ridley responded on Twitter by admitting to the gambling. Is a full year suspension too harsh? Will this halt progression on states legalizing sports gambling? Deshaun Watson (23:09) is having his case heard in front of a grand jury. Watson didn't play all of last season without any formal discipline. We will keep an eye out for the results of the grand jury hearing. MLB continues to cancel games (39:00) as the lockout continues and negotiations remain uneventful. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email
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3/9/2022 • 1 hour, 6 minutes, 4 seconds
PGA -v- Saudi Golf League, Trevor Bauer Subpoena, WNBA “Liberty” Termination, & More Russia Sports Fallout
Dan Lust and Tarun are joined by John Nucci (@JNucci23) who is a frequent contributor to our website with some great articles. You can check out his articles here. They discuss updates in the sports world (2:35) regarding bans for Russia and Belarus due to the military invasion of Ukraine. In the NHL world, CCM has made the decision to not use Alexander Ovechkin in any of their promotions. The Formula 1 world has begun banning Nikita Mazepin from racing. Are these bans/restrictions on Russian athletes who are not competing on behalf of Russia fair or justified? The PGA is having a lot of problems with Saudi Arabia creating tournaments to encourage golfers to go over and compete. (8:52) The PGA has been threathening to remove players from the tour and encouraging players to not enter tournaments for the Saudi Golf League ("SGL"). Phil Mickelson has seen a number of his sponsors pull out after the comments he made around the SGL. Are there any antitrust implications here if the PGA prevents players from competing in the SGL? We heard in February that Tevor Bauer (23:12) won't face criminal charges. Now, Bauer has filed a subpoena to get his accuser's cell phone records because he believes she coordinated this lawsuit for monetary gain. The subpoena will be ruled upon April 4, 2022. Bauer's accuser could still file a civil action against him and Manfred could still impose punishment. The WNBA (34:07) fined the New York Liberty $500,000 for chartering planes during the 2021 regular season. Many of the players around the league are voicing their opposition because the charter flights are a good thing for the league and only improve the brand and product. We will see whether this fine holds up. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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3/4/2022 • 51 minutes, 1 second
The MLB Lockout Mega Episode with Special Guest Rob Dibble
Dan Lust, Mike and Tarun break down (2:49) the latest back and forth proposals for the CBA negotiations that appear to have come to an impasse. The MLB has announced that the first two series of the season will be cancelled. How does this compare to the 1994 strike? What are the next steps for negotiations? We are joined by Rob Dibble (37:10) who was a pitcher for the Cincinnati Reds and is a 2-time all-star, 1990 World Series Champion, and 1990 NLCS MVP. Dibble gives great insight regarding his first-hand experience with the 1994 baseball strike. Dibble speaks about the collusion and bad faith negotiations he witnessed during the years leading up to the 1994 strike. He also discusses the long term impact on the game of baseball. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw) Twitter | Instagram | TikTok | YouTube | Website | Email
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3/3/2022 • 1 hour, 20 minutes, 8 seconds
Sports Law Competition Circuit; Russian Sports Bans; and Opening Arguments (our new debate show!)
Sports Law competition rivalries! Our website posts law school spotlights with Sports Law programs. Recently there has been some heated debate over which law school holds the prestige for the Sports Law competitions. Dan Lust, Mike and Jason (2:15) discuss their experience with sports law competitions and the recent debate between Fordham and Villinova law schools. The world of sports has been punishing Russia for their military involvement in Ukraine. (19:15) We discuss the International Olympic Committee being the first large scale ban on Russia and Belerus, preventing them from competing in international games. The IOC is also urging FIFA and UEFA to do the same for international football (which they have also done since recording this episode). We are very excited to annouce the launch of our new segment called Opening Arguments hosted by Conlan Farrell, a sports law debate show with a betting angle. Conlan's first episode is with the Dans. The three discuss (25:00) Brian Flores, Deshaun Watson and Dan Snyder lawsuits. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Jason Morrin (@jason_morrin) Conlan Farrell (@Conlan_Farrell) Conduct Detrimental (@ConDetrimental) Instagram (@condetrimental) TikTok (@sportslaw) YouTube (Conduct Detrimental) More Content: conductdetrimental.com Email us! ConDetrimental@gmail.com
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3/1/2022 • 52 minutes, 55 seconds
NCAA NIL and Conference Realignment; and USWNT Settlement with US Soccer
This week we have some very special guests! Contributor to Conduct Detrimental Brendan Bell (@bbell5_) talks about the NCAA's role with NIL moving forward (5:04) and any federal legislation possibilities. Dan, Tarun and Brendan also break down the unfair labor practice charges in the PAC12 (15:45) and what does the NCAA model look like as student-athletes become employees. They also break down the Marshall University lawsuit against Conference USA (23:43) and the battles to come from conference re-alignment in the NCAA. We are joined by Emily Costanzo (@emilycostanzo) who is 1/2 of our TikTok team Miss Conduct (@sportslaw) to break down the recent $24 million settlement (34:42) for the USWNT in their equal pay lawsuit against US Soccer Federation and the contingency with the signing of the new CBA. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Conduct Detrimental (@ConDetrimental) Instagram (@condetrimental) TikTok (@sportslaw) More Content: conductdetrimental.com Email us! ConDetrimental@gmail.com
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2/25/2022 • 55 minutes, 4 seconds
Juwan Howard Slapped with Suspension; Cowboys Cheerleader Settlement; Watson Criminal Case; Flores Hired by Steelers
Another loaded week of sports law. Juwan Howard (5:41) slapped Wisconsin assistance coach Joe Krabbenhoft. Was the 5 game suspension enough? Will we see other punishments come down? Brian Flores (17:46) was hired by the Steelers as Senior Defensive Assistant and will be the linebackers coach. How does this impact his lawsuit? Does it help his case that he took a "step back" in terms of his position with the Steelers? Bruce Beal's (28:42) right of first refusal is in jeopardy if there is a forced sale of the Dolphins from Stephen Ross. The right of first refusal only kicks in when there is a voluntary sale by Ross, but in a forced sale situation, the NFL may have the authority to prevent the right of first refusal clause. Dan Wallach has more here. It is reported that a confidential settlement was paid by the Dallas Cowboys (32:03) for $2.4 million in 2015 regarding voyeurism allegations against Richard Dalrymple, Cowboys longtime senior vice president for public relations and communications. Dalrymple recently retired, holding his position at the Cowboys for 7 years after this settlement and these allegations. Should the House Oversight Committee expand their investigation of the Washington Commanders to include the Dallas Cowboys organization? Deshaun Watson (47:36) is back in the news as Watson's attorney Rusty Hardin states that the District Attorney's office should be making a decision to bring criminal charges by April 1. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Conduct Detrimental (@ConDetrimental) More Content: conductdetrimental.com Email us! ConDetrimental@gmail.com
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2/23/2022 • 1 hour, 8 minutes, 42 seconds
U.S. -v- Eric Kay: The Tyler Skaggs Trial, Part 2
VERDICT: Guilty. Conduct Detrimental's resident District Attorney, Matt Tympanick (@TympanickLaw) sits down with Dan Lust and Tarun Sharma to discuss the Eric Kay guilty verdict stemming from the drug-related death of Tyler Skaggs, former Los Angeles Angels pitcher. The jury only deliberated for three hours. What is next for Matt Harvey? *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Conduct Detrimental (@ConDetrimental) More Content: conductdetrimental.com Email us! ConDetrimental@gmail.com
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2/18/2022 • 31 minutes, 58 seconds
U.S. -v- Eric Kay: The Tyler Skaggs Trial, Part 1
It's U.S. versus Eric Kay. A full breakdown of the criminal trial alongside Conduct Detrimental Resident District Attorney Matt Tympanick of Tympanick Law (@TympanickLaw). We discuss Opening Statements, Matt Harvey, Witness Immunity, Effectiveness of Cross Exam, Looming MLB Discipline, and Defense Strategy as the Government has now rested. The trial is expected to go for a few more days. When it's over we will reconvene for Part 2. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Stephanie Weissenburger (@SWeissenburger_) Conduct Detrimental (@ConDetrimental) conductdetrimental.com Email: ConDetrimental@gmail.com
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2/16/2022 • 33 minutes, 44 seconds
NFL Coverage: Super Bowl, Brian Flores; Stephen Ross and Dan Snyder Forced Team Sale
The NFL season is officially over and the Dans give their take on the Super Bowl (1:50). Was St. Louis robbed of a national spotlight because of the lawsuit and ultimate settlement? There are reports that Brian Flores (9:26) is going to amend his complaint to assert Title 7 employment discrimination against the Houston Texans as a retaliatory failure to hire after Flores brought his initial lawsuit. Does the hiring of Lovie Smith hurt Flores' case? Is he even permitted to bring the Title 7 claim without having exhausted all of his administrative remedies? Stephen Ross (25:46) is under the scope with the allegations of offering $100K per loss to Brian Flores. Is there enough evidence there to warrant the rumors of him being forced to sell the team? There are now reports about Dan Snyder (33:05) possibly being forced to sell the team as well. Washington has started another "independent" investigation. There have been a number of reports and allegations surrounding the tanking of teams. (42:15) Do these reports fall under the Federal Sports Bribery Act? Could Stan Kroenke be implicated? What about Brian Flores' allegations against Stephen Ross? Ross could potentially be charged under Florida State law if the allegation of making the bribe has any veracity. New York Sports Betting (48:46) has been live for one month and brought in $2 billion in bets and brought in $70 million in tax revenue. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Conduct Detrimental (@ConDetrimental) conductdetrimental.com ConDetrimental@gmail.com
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Big week in Sports Law! We broke down the Brian Flores racial discrimination class action lawsuit on our last episode. This week the Texans (4:45) hired Lovie Smith and the Dolphins hired Mike McDaniel, which brings the total of black NFL head coaches to three including Mike Tomlin. Not too long ago, and before bringing the lawsuit, Flores was a top candidate to be hired by the Texans. How does Lovie Smith's hiring impact Flores' lawsuit? Standard head coaching contracts have an arbitration (22:36) provision that Roger Goodell arbitrates any disagreements between a coach and a team. How does the arbitration clause play into the Flores and Gruden lawsuits? Dan Wallach wrote an article on this and you can read more here. Alvin Kamara (28:34) was charged with battery resulting in substantial bodily harm after an altercation that occurred in a night club in Las Vegas leaving a man with an orbital fracture on his right eye. We discuss the case and impact going forward. Trevor Bauer (37:06) will not face criminal charges from the allegation of sexual assault. What is next? Will there be a civil lawsuit? Tyler Skaggs' criminal trial (45:52) against former Los Angeles Angels' communications director Eric Kay began this week and there are a list of 7 Angels players to be called as witnesses. The defense has named Matt Harvey, former Mets pitcher, as a witness for allegedly being a drug source and giving Percocet to Skaggs. Former LA Angels Visiting Locker Room clubhouse employee Bubba Harding (55:12) sued MLB and LAA for defamation after he was fired for reporting that MLB pitchers came to him for illegal sticky substances. A California appeals court has reinstated the defamation claims. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Conduct Detrimental (@ConDetrimental) conductdetrimental.com ConDetrimental@gmail.com
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2/10/2022 • 1 hour, 7 minutes, 52 seconds
Brian Flores Update, Washington Commanders Name Change, & Toxic Congressional Hearing
The Brian Flores lawsuit (1:25) has had some recent developments where more coaches are coming out about sham interviews and Hue Jackson saying the Browns ownership offered money to him to tank. Criminal implications and investigations could be looming for Dolphins owner Stephen Ross. Will this class grow under the class action? Washington Football Team (23:01) finally has a new name, the Washington Commanders, but that is not the biggest news on the team. Congress held a hearing (26:53) with the victims from the sexual harassment culture that was created and fostered by Washington's organization and Dan Snyder. The Congress House Oversight Committee is making a call for the investigation report the NFL has conducted on the WFT culture and the 650,000 emails. Congressman Connelly was even wearing a #releasethereport shirt. Steph takes you through the whole hearing and gives her impressions on the implications and what's next for Washington and the NFL. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Steph Weissenburger (@SWeissenburger_) Jason Morrin (@jason_morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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2/4/2022 • 50 minutes, 39 seconds
Brian Flores v. NFL
Brian Flores filed a Class Action Lawsuit against the NFL, NY Giants, Miami Dolphins, and Denver Broncos alleging racial discrimination in hiring/firing practices. Flores is attacking the systemic racial discrimination issue in NFL history regarding minority head coaches and general managers. This 58-page lawsuit comes with explosive allegations, including Dolphins owner, Stephen Ross, bribing Flores with $100,000 per loss incentives to lose games. We break down the allegations, implications, and ramifications of this lawsuit. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Steph Weissenburger (@SWeissenburger_) Jason Morrin (@jason_morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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2/2/2022 • 48 minutes, 39 seconds
Darren v. Darren: The NIL Pay-for-Play Debate
On Tuesday, January 25th we hosted a special LIVE debate between Sports Law's Darren Heitner and Sports Biz's Darren Rovell to discuss the problematic grey areas identified in the first 6 months of the NIL era and what to watch for in the future of college sports. 5 rounds, 4 judges, 2 Darrens........1 winner. Round 1 (2:42) - 6 months into NIL: Is is working? Round 2 (9:32) - What safeguards should be in place? Round 3 (17:10) - Booster Issues and School Pool Deals: Hiding behind NIL? Round 4 (27:07) - What is the tampering/inducement line? Round 5 (36:55) - Federal legislation? Who is enforcing? Closing Statements (46:59) - The Future of College Sports A huge thank you to @DarrenRovell and @DarrenHeitner for joining us and everyone that tuned in live. A tremendous turnout! *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Steph Weissenburger (@SWeissenburger_) Jason Morrin (@jason_morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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1/26/2022 • 1 hour, 55 seconds
Gruden v. NFL; Novak Threatens Lawsuit; Trevor Bauer Re-Emerges
A loaded episode with the Dans kicking off with the NFL filing a motion to dismiss Jon Gruden's lawsuit (7:40) for failure to state a claim, of which they call the suit a baseless attempt by Gruden. The Denver Broncos (22:34) have been in the news as a Judge ruled the right of first refusal unenforceable and thus the bidding process is heating up with Peyton Manning and John Elway, or perhaps the first black NFL owner in billionaire investor Robert F. Smith. Novak Djokovic (32:12) has fired back since Australia seemed to have sent an olive branch, and it is in the form of a potential $4.4 million lawsuit. Will he move forward against the Australian government? Florida Sports Betting (39:50) update from the Sports Gambling Guru, Dan Wallach, where the Department of the Interior has filed a notice of appeal to challenge the DC Federal Court ruling, which struck down online sports gambling in Florida. Trevor Bauer (45:05) has emerged and is taking his stance to Twitter against any and all persons outspoken against his alleged actions. The Dans give their take on the ongoing NY Giants (51:02) search for a new head coach. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Steph Weissenburger (@SWeissenburger_) Jason Morrin (@jason_morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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1/21/2022 • 1 hour, 17 seconds
Novak Djokovic v. Australia; Advantage Australia
The Dans and Tarun break down Novak Djokovic being deported from Australia and thus will not compete in the Australian Open. Moving forward will Novak face a three year ban from Australia? *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Steph Weissenburger (@SWeissenburger_) Jason Morrin (@jason_morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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1/17/2022 • 34 minutes, 29 seconds
NFL Coaches Red Wedding, Joe Judge, and Novak Djokovic Battles Australia
Pat Leonard, of the New York Daily News, joins the podcast (2:45) to break down the Giants firing of head coach Joe Judge and the mismanagement of the Giants organization throughout the past decade. We have entered the "Red Wedding" phase of the NFL and offseason means for many teams, like the Giants, that they are trying to find the right General Manager and Head Coach combo. Novak Djokovic (40:23) is defending his Australian Open title from last year. Yet his battle has already begun with the Australian Government due to his vaccination status and wrongful entry into the country. As we approach the start of the Open, it is still possible that Novak could be deported from the country. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Steph Weissenburger (@SWeissenburger_) Jason Morrin (@jason_morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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1/13/2022 • 52 minutes, 21 seconds
Antonio Brown Walks-Off, Jalen Hurts Dodges Disaster, and Washington Football's New Name
Welcome to our first episode of 2022! Happy New Year from all of us at Conduct Detrimental. Dan and Steph break down Antonio Brown (2:40) walking off the field in the middle of the Jets game this past weekend. Was this an ankle injury that caused the scene? Or another notch in the Antonio Brown's tumultuous career? Washington Football Team (17:29) has been in the news for many different reasons throughout 2021. Recently a railing collapsed after the WFT v. Eagles game as fans were reaching out to Jalen Hurts. Is there a enough for a negligence claim? Josh Gerben joins us (27:16) to discuss the WFT announcing a new team name and the Trademark implications of the eight final names. The announcement comes on groundhog day 2/2/2022. What do you think the new team name will be? *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Steph Weissenburger (@SWeissenburger_) Jason Morrin (@jason_morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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1/7/2022 • 1 hour, 1 minute, 48 seconds
The Year in Sports Law - 2021
2021 was an eventful year in Sport Law. This episode dives into the best sports law stories Conduct Detrimental covered. We start with some honorable mentions (3:57) being the Super League formation and deterioration; the current MLB Lockout and CBA negotiations; Bishop Sycamore making it onto national television as a scam; Kyle Beach's career ruined by the inaction of the Chicago Blackhawks by covering up his sexual assault; and Henry Ruggs terrible drunken mistake that caused a loss of life and his potential imprisonment. Top Ten Stories: 10) Evander Kane (16:03) has had a lot of run-ins in the sports law sphere this year, with allegations of gambling/throwing games, throughout his messy divorce. 9) Florida Sports Betting (20:47) was predicted by the Sports Gambling Guru himself, Dan Wallach, for being in violation of Federal Law. 8) Trevor Bauer (23:35) signed a massive contract with the Dodgers and didn't play for most of 2021 and the foreseeable future, and in similar fashion to Deshaun Watson. 7) Urban Meyer (25:54) was fired for cause by the Jacksonville Jaguars, and we analyzed whether or not it actually was for cause. 6) Washington Football Team and Jon Gruden (30:54) as a result of NFL's investigation into the terrible team culture created by Dan Snyder at WFT, and Jon Gruden's emails being the cause of his firing as HC of the Raiders. Also, will the final WFT investigation report be released, or any of the 650,000 emails? 5) Deshaun Watson (37:01) for a good majority of 2021 has been dealing with off-field legal battles as a result of 22 women accusing him of numerous lewd sexual acts. There still haven't been any criminal charges filed. 4) NCAA v. Alston (39:19) created a spark for the name, image and likeness movement as the NCAA opened the door for athletes to receive extra-permissible benefits. 3) NIL (39:19) began on July 1, 2021 and we entered the Wild, Wild West. Numerous players have struck NIL deals and because there is no guidance from the NCAA nor federal legislation, we have begun to see deals that toe the line of pay-for-play. 2) Cleveland Guardians (50:00) was a story that Dan Lust noticed right from the start, and we brought to life. The Cleveland Baseball Team was bested by the Cleveland Guardians roller derby team, and even after the settlement, the roller derby team still owns the website and social media handle. 1) St. Louis Rams Relocation Lawsuit (56:23) was easily our #1 story of 2021. Although one of our most recent, Dan Wallach's legal analysis brought this lawsuit to the national spotlight. The possibilities of an expansion team and very high damages hung in the balance as the case almost went to trial in 2022. However, the city of St. Louis received their $790 million settlement. Thank you all for an amazing 2021 journey and we look forward to what 2022 has in store for all of us in the world of Sports Law. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@mike_sonof_law) Tarun Sharma (@tksharmalaw) Steph Weissenburger (@SWeissenburger_) Jason Morrin (@jason_morrin) https://podcasters.spotify.com/pod/show/condetrimental/support
12/30/2021 • 1 hour, 11 minutes, 54 seconds
Challenging MLB’s Antitrust Exemption
Jim Quinn is back on the podcast to discuss the recent lawsuit that has been filed in the Southern District of New York, Staten Island Yankees et al. v. Major League Baseball. This is yet another attack on the 100-year-old antitrust exemption that was given to MLB. Jim is one of the attorneys for the Plaintiffs and gives his in-depth analysis. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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12/21/2021 • 50 minutes
Urban Meyer Fired and Dan Snyder Under Fire (Again)
Thanks for listening and if you have signed up for Themis, make sure you listen carefully to this episode for a hidden prize. Urban Meyer has been released from the Jacksonville Jaguars (5:52) after the three stories coming out about his actions. Yelling at assistant coaches and kicking former kicker. Was this a "for cause" firing? Dan Snyder is making headlines again (24:10) for his horrible antics. Washington Post has reported that Snyder intentionally interfered with the NFL investigation into the Washington Football Team's culture. Congress increases their pressure to release the report. Is this enough to pressure Goodell to make Snyder sell the team? What to Watch For (45:30) Formula 1 championship last minute rule change; Oakland Raiders Relocation Lawsuit Appeal; Florida Sports Betting struck down now being appealed; Deshaun Watson social media search warrant; Gatorade and Nike enter the NIL market with NCAA women athletes; Deion Sanders/HBCU snag #1 recruit from FSU. **** Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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Dan and Dan are joined this week by Matt Haage, who is our job board coordinator. (4:25) Matt discusses how he joined CD and all of the amazing work he does aggregating the job board. Matt also gives a break down of the latest jobs available. (53:41) Deshaun Watson (11:02) is back in the news, and the civil cases finally seems to be making progress with depositions being conducted. Watson is still on the Texans roster and is not on the NFL exempt list, yet has yet to take a snap this year. We compare how the NFL has handled the Watson case with the more recent Dalvin Cook case. Relocation lawsuits (24:28) are still in the news with the St. Louis $790M settlement still fresh, the Oakland Raiders federal antitrust case was dismissed. However, the State contract claims are still on appeal. The Florida Seminole Tribe Compact has been ruled in violation of IGRA. (34:53) Dan Wallach gives his breakdown of this ruling and the ramifications moving forward. Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. *** Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Matt Haage (@matt_haage) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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12/13/2021 • 1 hour, 2 seconds
MLB Lockout; Antonio Brown Fake Vaxx Card; and College Coach Carousel Law
Major League Baseball has entered their 9th work stoppage in history. (4:05) Our last guest Evan Drellich let us know that there was a 99% chance of this happening. What does this mean? Where does this take us? Antonio Brown caught with a fake vaccination card, (17:20) and now him and Bucs teammate Mike Edwards are suspended for three games (along with training camp teammate and now free agent John Franklin). What statement is the NFL making with these suspensions? We have entered the NCAA football coach carousel. (24:28) There have been 25 football programs changing coaches. We dive into the specifics of Brian Kelly's unceremonious overnight departure and Lincoln Riley's coastal connection to USC. How does this impact recruits and the transfer portal? Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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12/6/2021 • 44 minutes, 13 seconds
Rams Settlement Analysis with Howard Balzer
Dan & Dan & Howard Balzer! Legendary NFL Writer and Hall of Fame Voter, Howard Balzer is back on Conduct Detrimental! Howard joined us last time to provide the key background details for the Rams Relocation Lawsuit. There he analyzed the mindsets of St. Louis jurors, the pulse of fans, and potential settlement options (even expansion). If you missed that episode, check it out here. This time Howard (13:44) gives us his analysis on the settlement agreement between Kroenke and St. Louis for $790M. Howard gives great insight into the general feel of the city of St. Louis and what this means for them. Was expansion even discussed?? This is a big win for the NFL, and even the possibility of the documents being destroyed before the public can see them. What about the indemnification agreement?? When Howard is on, it is always a must-listen. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@gmail.com
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11/29/2021 • 1 hour, 30 minutes, 47 seconds
MLB Lockout Pending: Evan Drellich of The Athletic on CBA Negotiations
Is Major League Baseball heading towards a lockout on December 2? Evan Drellich (@EvanDrellich), MLB Analyst for The Athletic, joins the pod (7:31) to give updates on the pending negotiations between MLB and MLBPA as the current CBA ends on December 1, 2021. Evan gives his insight on the contentions and the certainty of the lockout, but not so definite that the 2022 season will be a shortened season because of the lockout. Cleveland Guardians resolution has been put in place and both teams will share the name. We give an update at 1:22. What to Watch For (41:07) St. Louis Rams lawsuit update that Stan Kroenke may be trying to settle this outside of the scope of the NFL. Chinese Tennis player Peng Shuai has been missing and the WTA has threatened to remove tournaments from China. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_sonof_law) Tarun Sharma (@TKSharmalaw) ConDetrimental@Gmail.com *** Enjoying the content? Leave us a review!
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11/22/2021 • 50 minutes, 5 seconds
Bend The Knee! Cleveland Roller Derby Guardians Litigation & Settlement
Baseball bends the knee. How a Roller Derby team flexed on a billion dollar MLB Franchise. As the first site in the world (yes, actually) to spot a legal issue with the Cleveland Indians name change, it’s only fitting that we do a deep dive in the wake of news that the Indians have settled with the TRUE ORIGINAL Guardians, the Cleveland Roller Derby Guardians. The story here is not how much Roller Derby received — it’s the colossal mistakes that were made by the Cleveland Indians throughout this process. A masterclass in how NOT to handle a name change… take notice Washington Football Team. We are joined by Tony Iliakostas (@theIPprofessor), the Intellectual Property Professor at New York Law School, for a complete dissection of the Cleveland Guardians debacle which will certainly be taught in Sports Law classrooms for years to come. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Jason Morrin (@Jason_Morrin) Emily Costanzo (@EmilyCostanzo) ConDetrimental (@ConDetrimental) ConDetrimental@Gmail.com *** Sponsored By: Themis Bar Review, the best bar prep company in the Galaxy — head to ThemisBar.com/ConDetrimental for more info and exclusive discounts!
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11/17/2021 • 1 hour, 4 minutes, 52 seconds
St. Louis Rams: Kroenke's Indemnification Debacle w/ A.J. Perez of Front Office Sports
A big story on the St. Louis Rams Relocation Lawsuit. We cover it with A.J. Perez (@ByAJPerez) of Front Office Sports who broke the news. We are starting to see some real movement on settlement as trial looms. The problem is how do you settle a case worth BILLIONS if only one owner is required to contribute pursuant to an Indemnification Agreement. Well Rams owner Stan Kroenke reportedly isn't ready to cave that the Indemnification Agreement requires him to do anything other than pay attorney's fees--- and NOT damages. Obviously, the other 31 owners disagree. Naturally, the interpretation of this agreement has tremendous ramifications on whether St. Louis will get an expansion franchise as the smoke on this lawsuit clears. We break it down its enforceability and - if the trial proceeds - why the NFL has to be very worried about former Carolina Panthers owner Jerry Richardson. We're now less than 60 days away from trial. Tick Tock. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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11/12/2021 • 46 minutes, 42 seconds
Sports’ Accountability Era (Owner Hot Seat), Rodgers, Ruggs, & New NCAA Constitution
The pattern is undeniable at this point. More and more teams are making legal headlines for the wrong reasons. It’s the onset of the Accountability Era in Sports — owners and executives are coming under fire. We go through the latest on each team and the nuances of the lawyers’ handling of each situation: Washington Football Team (5:26); Phoenix Suns (12:03); Anaheim Ducks (25:10); Chicago Blackhawks (28:00); and Pittsburgh Penguins (36:55). There is a clear legal playbook starting to develop for teams to deal with these situations — we break it down. Henry Ruggs (46:20). A big update on former Las Vegas Raiders WR Ruggs who has now been charged with two additional felonies (DUI & Reckless Driving for his GF) plus a misdemeanor (weapons charge) and now faces 50+ years in prison. His lawyer asks the public to not “prejudge” the case despite the bad facts. He's right but - for social media - certainly easier said than done with a case like this. Aaron Rodgers (57:00). Following his Covid test and controversial public comments, Rodgers has been hit with a $14K fine while the Green Bay Packers get hit with $300K. By all indications, it’s an unequivocal violation of the NFL’s protocol, that the Packers allowed to happen, so punishment for both was expected — but should a louder message have been sent here? We debate. The NCAA Constitution (1:05). In a curious move, the NCAA waives the white flag and proposes an 18-page Constitution in which they essentially divest themselves of all power and punt it to the schools. The motivation behind this is worth a closer inspection since it’s a fundamental shift from their prior hands-on approach to governance. If you’re asking what exactly the NCAA’s role even is after this, you’re not alone. Legal Life Advice (1:19:59): How to become an NIL Agent while you’re still in school What to Watch For (1:24:19): Vanessa Bryant Lawsuit, NY Sports Betting Legislation, Coach K’s Farewell Tour at Duke, and PSG Women’s Soccer Tonya-Harding-Fiasco *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonOf_Law) Tarun Sharma (@TKSharmaLaw) Jason Morrin (@Jason_Morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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11/12/2021 • 1 hour, 36 minutes, 47 seconds
Henry Ruggs & Rams Lawsuit Fireside Chat w/ Howard Balzer
Dan & Dan & Howard Balzer! We start with the tragic story of Henry Ruggs (4:51), the now former Las Vegas Raiders WR, was reportedly involved in a 125+ mph crash that resulted in the death of another motorist. He has been charged with manslaughter DUI, reckless driving, and is facing significant jail time. We discuss some of the underreported elements of the case and break down all angles, i.e., criminal, civil, and NFL discipline. Our special guest this week is Howard Balzer (19:13), Legendary NFL Writer and Hall of Fame Voter. Howard covered St. Louis Football for decades. He provides the key background details for the Rams Relocation Lawsuit detailing Cardinals and Rams football in the area from the early 80’s up through the present and how the pieces fit together (Goodell, Kroenke, Demoff, Grubman, etc). It’s a crucial analysis as we decipher the mindset of St. Louis jurors, the pulse of fans, and potential settlement options (expansion??) as trial looms large. Let’s just say we go deep into the weeds... in the best possible way. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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11/8/2021 • 2 hours, 10 minutes, 30 seconds
The Washington Football Team Episode
A deep dive on the Washington Football Team investigation and fallout. We are joined by Megan Imbert and Ana Nunez (13:52), two former employees of the Washington Football Team, who have retained an attorney to represent their interests pertaining to their time with the organization. Their stories are not being told as the NFL refuses to release the emails and Washington failed to commission a written report. Simply put, there is no transparency. This show takes great pride in spotlighting important Sports Law issues — and this is one deserving of significantly more attention. We went straight to the source to give these former employees the floor and - more importantly - the microphone. We provide some background and then Megan and Ana join to provide a firsthand account of WHY the team was investigated for claims of a toxic workplace and sexual harassment with stories dating back more than a decade. They announce a new development in the case, i.e., that their attorney has reportedly been given two “softcore porn” videos of team cheerleaders from 2008 and 2010 that were intended for Dan Snyder — and scored with Snyder’s favorite music. They give their assessment on whether and to what extent Snyder was involved in and/or aware of these specific allegations and the rest of the unacceptable culture. All in all, it’s a rare look under the hood of the Washington Football Team.
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11/2/2021 • 1 hour, 13 minutes, 46 seconds
NFL Owners Under Fire (WAS & STL), PHX Suns Bombshell, and CHI Blackhawks Findings
We continue our victory lap following the lawsuit filed by the Cleveland Guardians Roller Team (1:28) and how the team maximized pressure on the Indians before filing the lawsuit. Washington Football Team (6:55) drama continues as Congress has now intervened and demanded the documents / emails in question — unclear if NFL Commissioner Roger Goodell will voluntarily comply given his public statements. The tweet that sent the Phoenix Suns (14:22) into full panic mode: “The NBA is preparing for a massive story accusing Robert Sarver of racism, sexism, and sexual harassment…” — we discuss what we know at this stage and the history / procedure for owner removal in professional sports. The Chicago Blackhawks investigation (25:56) revealed a dark side to hockey but the transparency from ownership is welcomed. We discuss what the next steps and fallout across the NHL. The NFL Hot Seat: WFT, Gruden, Raiders (34:45) and a deep dive on the St. Louis case (42:40) with Silent Stan Kroenke Flip-Flopping on his indemnification stance on “costs”… a brewing civil war going on at NFL HQ. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Tarun Sharma (@TKSharmaLaw) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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Sports Law is EXPLODING. A mega episode. Deshaun Watson (1:23) wants to be traded but there remain many legal hurdles muddying the waters. The St. Louis Rams Case (16:18) has a big update as STL’s trial counsel Bob Blitz gets knocked off the case under the lawyer-witness rule. We break the ramifications. Our guest (26:20) this week is the one and only FREEZING COLD TAKES (@OldTakesExposed)! I bet you didn’t know that the man behind the account, Fred Segal, is a fellow lawyer. He singlehandedly holds media and fans accountable with his twitter feed and explains how he ended up on this non-traditional path. We talk some of his most famous takes as well as his upcoming FREEZING COLD sports book. The rest of an absolutely LOADED Sports Law Week (50:36): Cleveland Guardians Lawsuit, Chicago Blackhawks Investigation, Congress Demands WFT Emails, and Phoenix Suns owner fears looming bombshell ESPN story. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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10/28/2021 • 59 minutes, 36 seconds
NFL Legal Nightmare: Gruden, Washington, and St. Louis with Charles Robinson of Yahoo Sports
Our guest this week is Charles Robinson — Senior NFL Writer at Yahoo Sports. Charles (@CharlesRobinson) was one of the first national writers to weigh in on the St. Louis Rams litigation and then had a huge story this week of reports that Jon Gruden is weighing a lawsuit against the Raiders and the NFL following the Washington Football Team email leak. We discuss the critical concept of duress as to how/why Gruden possibly resigned without a walkaway agreement in place, where the St. Louis case goes from here, and -- of course -- we provide the heavy-hitting legal analysis. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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10/20/2021 • 1 hour, 6 minutes, 37 seconds
Ben Simmons & The Sports Vaxx Standoffs (Kyrie Irving, Evander Kane, & Wash St Coach Nick Rolovich)
We cover the two NBA superstars facing sports law drama. First, Ben Simmons (4:15) who refused to report to the Philadelphia 76ers and then was suspended for - what else?? - conduct detrimental and then Kyrie Irving (14:15) who is not “anti-vaxx” but made the choice to not get the vaccine for whatever reason and the Brooklyn Nets have responded with a choice of their own -- "you're banned". Sticking with the vaccine topic, we move over to college football where Washington State Head Coach Nick Rolovich (22:30) was fired from the university for failing to get the vaccine by October 18th in violation of a state law mandate. Rolovich has since announced his intention to sue the school for religious discrimination. Lastly, we close the book on Evander Kane (30:32) who received a suspension for using a fake vaccination card though he was spared from punishment stemming from the assault and gambling allegations. LEGAL LIFE ADVICE (35:44) WHAT TO WATCH FOR (40:30): Dopesick, Squid Game, Bad Sport — Netflix’s New Sports Doc Series *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Stephanie Weissenburger (@SWeissenburger_) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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10/20/2021 • 45 minutes, 46 seconds
St. Louis Rams Town Hall - PART 2
PANELISTS: Randy Karraker, Tim McKernan, Benjamin Allbright, and Derek King MODERATORS: Dan Lust & Dan Wallach *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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10/15/2021 • 2 hours, 2 minutes, 38 seconds
St. Louis Rams Town Hall - PART 1
PANELISTS: Andrew Brandt, Jodi Balsam, and Tim McKernan MODERATORS: Dan Wallach & Dan Lust *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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10/15/2021 • 2 hours, 6 minutes, 36 seconds
Jon Gruden’s Leaked Emails & Washington Football Team Investigation
We discuss all things Jon Gruden (1:15) following his leaked emails and swift resignation of head coach of the Las Vegas Raiders. Interestingly, these emails were uncovered during an unrelated investigation by a law firm into allegations of sexual harassment and toxic workplace surrounding the Washington Football Team. WFT Owner Dan Snyder, not Jon Gruden, was the subject of that investigation yet we didn’t see a single email about Snyder and a written report was never generated so we don’t know what quite what happened. According to the Wall Street Journal, the NFL reviewed 650,000 emails during its investigation into the Washington Football Team's workplace culture. Either Jon Gruden had the only offensive emails within the 650,000 or - far more likely - his were the only ones ownership ALLOWED to come out. Ask yourself why now? Was it to get out from under Jon Gruden’s albatross 10yr / $100M record contract to coach the Raiders until 2028… or did they need a fall guy to try and divert everyone’s attention from the WFT chaos. If owners wanted this kept secret, it would have been. We analyze the emails, talk about the lawyers involvement, and revisit the allegations against the Washington Football Team which led to these emails in the first place to try and get a better understanding of why they are coming out now. We then preview the St. Louis Rams Town Hall (29:37) and the latest on the case. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Tarun Sharma (@TKSharmaLaw) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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10/12/2021 • 32 minutes, 54 seconds
NLRB's College Athletes are "Employees" Memo, STL Rams Update, DEA Raids WFT, & Ben Simmons Holdout
THE RUNDOWN: The NFL’s emergency application to a Missouri Appeals Court to try and take the Rams case away from a St. Louis jury (1:13); Impact of NLRB’s memo that “Student-Athletes” should be considered “Employees” and future of unionization in college sports (11:45); Ben Simmons mounting contract holdout with the Philadelphia 76ers (29:40); Washington Football Team facility raided by DEA / head athletic trainer placed on leave (40:37). What to Watch For / Legal Life Advice (48:50): Urban Meyer; Gabby Petito / Brian Laundrie; Seinfeld now on Netflix. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Tarun Sharma (@TKSharmaLaw) Stephanie Weissenburger (@SWeissenburger_) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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10/6/2021 • 1 hour, 4 minutes, 17 seconds
UFC, Brock Lesnar, & Dana White Lose Federal Appeal to Heavyweight Mark Hunt
Dan, Mike, and Jason dissect the viral story up now on Conduct Detrimental. Former UFC Heavyweight Mark Hunt once sued the UFC, President Dana White and one of UFC’s biggest stars Brock Lesnar, over an alleged doping scheme and fraudulent cover up. Specifically, Lesnar beat Hunt and then - afterwards - failed a drug test. Hunt alleged that if Lesnar didn’t have illegal drugs in his system that Hunt would have won the fight. The case was largely dismissed at the District Court level but in a surprising move, the Ninth Circuit overturned the dismissal on appeal. It has been revived... [Cue the Undertaker sit up GIF] Now that the case is back, Mark Hunt is doing a victory lap on social media and EXPLICITLY singing the praises of Jason Morrin and Conduct Detrimental for breaking the news to the world. The most-read article in the young history of ConductDetrimental.com We break it down. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonOf_Law) Jason Morrin (@Jason_Morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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10/1/2021 • 30 minutes
Re-Litigating the St. Louis & Rams Divorce and It’s Worth In Court
You ask, we deliver. Following Parts 1 & 2 of our St. Louis Rams Relocation Lawsuit coverage, the people of St. Louis reached out and asked if we could have someone FROM St. Louis on to talk about the important history - and build up - to this lawsuit. We asked our contacts in the area for an appropriate guest for Part 3 of our coverage and one name kept popping up… so we HAD to get him. Ben Frederickson (@Ben_Fred) is that man and he's our special guest this week. He’s the Sports Columnist at the St. Louis Post-Dispatch and has a lot of opinions on this topic having covered the Rams firsthand and lived through the City’s efforts to save the team. Ben joins the show (6:55-55:04) to explain STL’s slow and painful divorce from the NFL, why he feels the city was unlawfully misled during these interactions, and what exactly it means to be a "Professional Liar". This includes the important backstory concerning the team’s stadium lease and the city's rejected proposal to build a new stadium. In so doing, he gives us all a window into the potential mindset of a St. Louis juror who will be called on to decide the fate of the NFL from within a St. Louis courtroom. As is clear, the wounds are clearly still fresh in St. Louis. This will certainly factor into the jury selection process and the NFL’s damages evaluation. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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9/29/2021 • 1 hour, 4 minutes, 1 second
Trial Lawyer Jim Quinn on STL Rams & OAK Raiders Relocation Lawsuits
Our special guest this week is Sports Law Attorney Jim Quinn, one of the preeminent trial lawyers in the nation. In his 40+ years of practice, Jim has an incredible sports taw background including his representation of the players’ unions in all four of the major professional North American sports leagues. This includes a long history of fighting the NFL in Collective Bargaining Agreement negotiations and, more recently, in a court of law in his representation of the City of Oakland in their lawsuit against the Raiders, the NFL, and every team owner. Jim joins the show (9:36-42:20) to talk about how his Oakland Raiders lawsuit compares and otherwise impacts the St. Louis Rams lawsuit, the NFL’s relocation policy, expert studies on the feasibility of further expansion (48 teams!), as well as the terms and conditions of a potential settlement. Jim is a wealth of sports law knowledge and, notably, was a pioneer in shaping modern day free agency in sports. He shares his insights in his book, “Don't Be Afraid to Win: How Free Agency Changed the Business of Pro Sports” - available now on Amazon. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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Neither Deshaun Watson nor Evander Kane have been hit with criminal charges, yet both might not be able to play this year. For better or worse, with sports legal issues, the fear of a public relations nightmare seems to outweigh our traditional notions of justice, i.e., innocent until proven guilty goes out the window. We discuss the latest on Deshaun Watson and the NFL (1:56) and then AJ Perez of Front Office Sports joins to cover the breaking news on Evander Kane and the NHL (13:30). A FIRST in Conduct Detrimental history. We are thrilled to be joined by our first college athlete. N’Kosi Perry, Starting QB at Florida Atlantic University. N’Kosi joins (32:30) to discuss how he signed the first ever NIL deal with an alcohol company in the history of the country alongside Jose Herrera of Islamorada Beer Company and Trent Robison of First Round Management. We cover how three of them made history, how Florida has been as the forefront of the NIL movement, and the future of college athlete compensation. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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9/23/2021 • 59 minutes, 46 seconds
The St. Louis Rams Relocation Lawsuit
The biggest case in sports law that no one is talking about. When the St. Louis Rams franchise left for the greener pastures of Los Angeles it sparked a multi-billion dollar lawsuit between the City of St. Louis, the NFL, and team owners. It’s a case involving allegations of fraud, unjust enrichment, and breach of contract — and for sports purposes, it could change the team relocation process forever. Ben Fischer (@BenFischerSBJ) is our guest this week. He’s the NFL Staff Writer at the Sports Business Journal and has been closely covering this case. Together, we give you everything you need to know about this behemoth of a lawsuit. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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9/20/2021 • 1 hour, 11 minutes, 43 seconds
The NIL Era: What It Has Meant For College Athletes
The ROADMAP: 3:03 - Florida Atlantic University (FAU) QB N'Kosi Perry and his NIL deal with Islamorada Beer Company as the first NIL deal with an alcohol company. 13:36 - Florida Panthers offer NIL deal to all FAU female student-athletes through Miami QB D'Eriq King's NIL company Dreamfield. 17:40 - Michigan State University Men's Basketball and Football players have an NIL deal with United Wholesale Mortgage, whose President and CEO Mat Ishbia is an alumni of MSU and donated $32 million earlier this year. The deal offers $500 stipends per month for every athlete on the basketball and football teams. Issues with NCAA booster rules?? 36:50 - Sports Betting Corner - Dan Wallach covers new developments in California, Arizona, and Florida 50:16 - WHAT TO WATCH FOR: More NIL deals with UCLA Jaylen Clark creating his own crypto and Gable Stevenson NIL deal with WWE and is going back to University of Minnesota. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Mike Lawson (@Mike_SonOf_Law) Tarun Sharma (@tksharmalaw) Jason Morrin (@Jason_Morrin) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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The ROADMAP: 4:22 - Deshaun Watson - Latest on the NFL’s investigation, potential discipline, and how the legal analysis factors into draft compensation in trade talks. 22:00 - Bishop Sycamore - The Fyre Festival of “High School” football and potential lawsuit coming from ESPN 36:50 - Sports Betting Corner - Dan Wallach covers new developments in California, Arizona, and Florida 50:16 - WHAT TO WATCH FOR *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonOf_Law) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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9/2/2021 • 1 hour, 1 minute, 17 seconds
The Tyler Skaggs Cases; Nerlens Noel sues NBA Mega-Agent Rich Paul for $58M
We are joined by special guest Nathan Fenno (@NathanFenno), Sports Enterprise Reporter for the Los Angeles Times. Nathan has been closely covering the investigation into the tragic passing of Los Angeles Angels’ Pitcher Tyler Skaggs in 2019 from an apparent drug overdose and the civil / criminal cases that resulted. Suddenly, these cases are at the center of the Sports Law world with a trial fast approaching, reports that 5 baseball players might testify, plus allegations that the L.A. Angles are not complying with federal prosecutors’ investigation. We break down all aspects of a story that could rock the organization… and the sport. The ROADMAP: 3:07 - Nerlens Noel v. Rich Paul & Klutch Sports. When a player sues one of the most influential agents in all of basketball, you must stop and analyze. This new $58M lawsuit touches upon an alleged breach of an agent’s duty to act in his client’s best interests. Noel, now a member of the New York Knicks, alleges that in 2017 Paul advised him to turn down a $70M - 4 Year deal from the Dallas Mavericks to try and strike even bigger as a true free agent so he could turn him into a “$100 million man.” However, this $100M contract never materialized. Instead, Noel claims he was forced to sign a series of near-minimum deals over the next few years because of Paul’s mishandling and apparent indifference to his financial interests — as opposed to some of the agent’s bigger names: LeBron James, Anthony Davis, Trae Young, etc. 13:49 - The Tyler Skaggs Cases. Nathan Fenno joins the show to break down the various cases stemming from the death of Tyler Skaggs in 2019. We discuss the status of the federal investigation into his death, the upcoming trial, the other players involved, and what this means for the Angels & MLB moving forward. 46:28 - WHAT TO WATCH FOR: College Football’s new “Alliance” between the ACC, BIG TEN, and PAC 12… following up on our 7/13 podcast Rachel Nichols is on her way OUT at ESPN we revisit the legal liability to the network… the establishment of our new sports law job board courtesy of attorney Matthew Haage, Conduct Detrimental new “Jobs Contributor”!!! *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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8/27/2021 • 51 minutes, 16 seconds
Trevor Bauer Testimony Continues
It's Dan Lust and Mike Lawson on an extra edition of the show. We breakdown the first days of testimony on the Trevor Bauer restraining order hearing, the attorneys’ strategies, strengths/weaknesses in the case, update on the potential for criminal charges, and MLB's next move. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonOf_Law) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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8/19/2021 • 24 minutes, 4 seconds
Law & Order: Trevor Bauer v. Deshaun Watson
We compare and contrast the two biggest legal allegations in sports right now alongside Bill Shaikin (MLB Staff Writer at the Los Angeles Times) and Matt Tympanick (Conduct Detrimental’s District Attorney) The ROADMAP: 2:13 - Bill Shaikin (@BillShaikin) joins the show to talk MLB’s legal process (investigatory and disciplinary procedures), guaranteed money in baseball versus football, past precedent, and how the Los Angeles Dodgers could seek relief from the remainder of Trevor Bauer’s $102M contract. 23:15 - Conduct Detrimental’s DA Matt Tympanick (@Tympanick20) joins the show to breakdown the Trevor Bauer testimony, his Dodgers’ & Indians’ allegations, and path to criminal charges before we turn our attention to Deshaun Watson (45:34), his looming Grand Jury indictment, impact on trade rumors and long-term NFL future. 55:26 - WHAT TO WATCH FOR: Barstool Sports gets NIL ban from Louisville & New York Sports Betting Update (Jay Z & Fanatics)… and LEGAL/LIFE ADVICE: John Doe picks between Corporate Law and Sports Law *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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Ask and you shall receive... we have our first ever sponsor of the podcast: Themis Bar Review! (It's Story Time!!) *** First, we discuss how one of our writers, Jason Morrin, got an unreal shoutout from Jeff Passan, ESPN's national baseball writer, from his article on the new Omar Vizquel / Chicago White Sox Lawsuit (7:05)... Next up, it's Simone Biles who was heavily criticized by some for her decision to withdraw from certain Olympic events and one of our writers, Kate Rosenberg, took it upon herself to write an article about this "Unfair Prosecution," of all people, it actually reached Simone Biles! (15:35) *** (22:48)... Ryan Butler (@ButlerBets) of The Action Network joins the show to breakdown an explosive battle occurring on the Sports Betting front. How big? $500M a year...for 30 years, big. We provide an incredibly very high level discussion and the looming injunction that might tear everything down. Dan Wallach then makes a Mark Messier-Esque prediction. *** (1:13:50)... WHAT TO WATCH FOR: Cleveland Guardians Update ...and LEGAL/LIFE ADVICE: How one breaks into the Sports Law World *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Sports Law 🚀 🚀 🚀 Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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8/11/2021 • 1 hour, 20 minutes, 41 seconds
Cleveland Guardians Battle: Roller Derby -V- Baseball & ESPN Liability to BIG 12
Josh Gerben (@JoshGerben), Intellectual Property Attorney, is our special guest this week as he joins the show to discuss all things Cleveland Guardians. This is truly a story without any historical comparison so we'll take all the help we can get as we continue to provide breaking news on what appears to be an absolutely colossal mistake by a billion dollar baseball team. Again, our free legal advice is to suck it up and pay the roller derby team to end this embarrassing story. Note, this podcast is NOT sponsored by the Cleveland Guardians... but it should be... The ROADMAP: 1:27 - The Big 12 Cease & Desist. It’s not everyday that a Conference Commissioner threatens to sue a sports media behemoth… oh wait that’s never happened. The Big 12’s Bob Bowlsby went scorched earth on ESPN threatening to sue them for “Tortious Interference” for their alleged role in helping schools bolt the conference to go elsewhere and thereby breach their conference contracts. Bowlsby claims he has concrete evidence to show that ESPN got caught with their hand in the cookie jar and is sending a very LOUD message that he’ll go after anyone that threatens his conference. We discuss who might be next on Bowlsby’s hit list and what happens legally if the conference disintegrates. Then the question is what happens to the rest of the college sports landscape with conference realignment on the horizon and looming mega negotiations in this game of school musical chairs. (More on ConductDetrimental.com courtesy of John Sigety & Mel Stack) 11:54 - Battle of Cleveland Guardians. “This could be a problematic case for MLB.” Our special guest, Josh Gerben - Intellectual Property Attorney, joins the show and gives an incredible breakdown of what is trending towards an “epic” battle... it’s the Original Guardians (Roller Derby) versus The Invader Guardians (Baseball). We walk through the various trademark filings by: an apparent NY squatter, by the Indians (in the country of Mauritis???) and then by the Roller Derby Guardians (interestingly after the Indians’ announcement). Josh then analyzes Roller Derby’s first-use argument and why the Indians might actually have a losing trademark case; the overall impact of new Roller Derby merchandise, and their post-announcement use of the website/social. We also debate the looming “abandonment” question as to whether Roller Derby gave up the mark due to inactivity during the pandemic. Moving forward, we discuss settlement talks and how much it should cost Baseball to take the website, social media, and the trademark free and clear. (More on ConductDetrimental.com with insights from a Top Roller Derby Executive courtesy of Stephanie Weissenburger) 42:00 - What to Watch For: The NHL Investigation on San Jose Sharks' Evander Kane & Looming Trade, Arrival of Dan Lust’s Cleveland Guardians Merchandise, Buffalo Sports (Relocation & Sabers' Jack Eichel’s Medical Dispute), Daily Fantasy Oral Argument 47:10 - Legal/Life Advice: Steph tells her story of surviving the Bar Exam *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_sonof_Law) Steph Weissenburger (@SWeissenburger_) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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8/5/2021 • 51 minutes, 38 seconds
The Evander Kane Episode
Sports Attorneys Dan Wallach and Dan Lust talk all things surrounding the explosive allegations concerning Evander Kane of the San Jose Sharks which seem to originate from the Instagram posts of his wife, Anna Kane. They hit it all: the NHL's active gambling investigation, the available evidence at this stage, how the NHL's Collective Bargaining Agreement comes into play, Evander Kane's troublesome legal history, Evander Kane's equally troublesome gambling & financial history, possible defamation/libel causes of action against Anna Kane, the impact from looming divorce proceedings, defending in a court of law versus defending in the court of public opinion, the scope of punishment potentially facing Evander Kane and how it compares to DeShaun Watson (NFL) & Trevor Bauer (MLB), as well as the ongoing conversations that should be going on with all sides' legal teams. For more check out our ongoing coverage on ConductDetrimental.com including the two comprehensive Evander Kane articles up now: "Evander Kane: The Pete Rose Punishment?" by Mike Lawson (examines the NHL CBA’s treatment of gambling and chances that Kane will be get the Pete Rose Treatment) "Evander Kane's Legal Fight To Save His Career" by Jessica Shaw (discusses the crisis management strategy of Evander Kane's legal team and possibility of a possible defamation suit) *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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8/1/2021 • 44 minutes, 57 seconds
Cleveland "Roller Derby" Guardians, BIG 12 v. SEC, NFL’s Vaxx & Watson Issues
The ROADMAP: 3:35 - The “Cleveland Guardians” Battle. The Cleveland Baseball Team (formerly the Indians) announced that they were changing their name to the Cleveland Guardians. The only problem was… there was ALREADY a team with that name, a roller derby team who appears to STILL own ClevelandGuardians.com and associated social media accounts… and are posting to them AFTER the announcement! You’d think a billion dollar MLB franchise would have the resources to buy out a lowly roller derby team— and the foresight to do that AHEAD of time but seemingly did not. It’s David v. Goliath.. and David seems primed to get PAID. We discuss how big of a mistake occurred and how it happened. (More on ConductDetrimental.com courtesy of Zak Kurtz) 20:11 - Big Deshaun Watson Update. This week, 10 more women went directly to the police department with criminal complaints of sexual assault, 8 of which had already filed civil suits but 2 of them had not… increasing the overall number of alleged victims to reportedly 24. This comes at a time when Watson finally made the decision to come to Houston Texans camp and step back in to the public realm. The pressure is now on both Roger Goodell and the District Attorney’s Office to make a decision as to his status — yet we have no update or a timeframe on a decision. There are rumors that teams are lining up to trade for Watson but we don’t necessarily buy it. We compare what’s going on over in MLB with their handling of the Trevor Bauer allegations. And what is Tony Buzbee's gameplan here? (ConductDetrimental.com article courtesy of Jordan Ivner) 40:59 - Texas & Oklahoma Sign The Divorce Papers. The first formal step in the process of conference musical chairs has occurred. Texas & Oklahoma have advised the SEC of their intention to leave the conference. The next step is a formal vote according to the conference bylaws. There are so many questions about what happens now and the causes of action that could result: tortious interference, anticipatory breach, etc. We go over the massive damages calculation as well. And for college sports, how will the BIG 12 even exist as a Power 5 conference with only 8 schools left. The vultures are circling. We break it down. 49:44 - The NFL’s Controversial New Vaccination Rules. Last year, the NFL season was disrupted on countless occasions with COVID issues with games delayed or moved weeks back. This kind of scheduling chaos is bad for the players, bad for the team, and for the NFL — it’s bad for business. Last year, the NFL threatened the loss of draft picks for a team if a player violated the health and safety protocol. This year, they are taking it to the next level by going directly after players and staff wallets’ who fail to get vaccinated. You can be a high profile player like DeAndre Hopkins or a lesser-known coach like Rick Dennison, there are no exception. We debate. (Articles courtesy of Michael Lawson & Hunter Bedard) 57:16 - What to Watch For: Dan Lust’s Sports Law Class about to start and introducing a new segment Legal Life Advice! *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com
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7/29/2021 • 1 hour, 5 minutes, 31 seconds
TX/OU Exit Strategy, Shohei MLB Arb, McGregor Bombshell, Paul Orndorff
The ROADMAP: 5:45 - College Conference Realignment & Legal Roadblocks. Breaking reports are that powerhouse schools Texas & Oklahoma want to leave the Big 12 Conference for the greener pastures of the SEC. A crippling blow for the Big 12 to lose perhaps their two most storied schools and meanwhile a massive get for the SEC. The question is— if it happens — would the SEC have an unlawful monopoly over the college sports landscape? And by no means is this guaranteed to occur as bylaws require 11 of 14 SEC schools to vote to accept them in… plus word is that Oklahoma and Texas would have to pay nearly $100M EACH in order to leave. Lots of if’s, lots of questions, lots of legal issues. We hit all angles. (More on ConductDetrimental.com courtesy of Joe Esses) 21:16 - Conor McGregor Loses… Alleges Massive Coverup. McGregor lost to Dustin Poirier in the Main Event of UFC 264 in Las Vegas when he snapped his left tibia and fibula. Doctors were forced to stop the fight. Interestingly, McGregor is now claiming the UFC “knew I had stress fractures in my leg going into that cage. It was debated about pulling the thing out.” Both the UFC and Conor have an obligation to be truthful concerning pre-fight injuries and failure to do so has massive ramifications. Is it just a fabrication from Conor or is this the tip of the legal iceberg? (Article courtesy of John Nucci) 32:40 - Shohei Ohtani’s Unique Arbitration Case. We have simply never seen anything like Shohei, the international superstar and new exciting face of baseball. It’s not hyperbole… literally no one has ever pitched and hit simultaneously at this high of a level in MLB history. Now when it comes to his true financial worth, it seems destined for a fascinating salary arbitration case one day. Baseball arbitration relies on locating comparable players with comparable statistics. But what happens when you’re doing something that no one has ever done before. We explore how Shohei might soon obliterate the arbitration process. (Article courtesy of Britton Yoder & Sam Roos) 44:34 - WWE’s Post-Retirement Problem. With the passing of legendary wrestler Paul Orndorff this past week, a spotlight has been cast WWE’s problem affording benefits to their talent. It’s a problem that the NFL and its players have had to face before. The difference is that WWE wrestlers, unlike NFL players, do not have a union organized to fight against management to maximize their rights. In lieu of a union, it takes massive public pressure - or a challenging competitor - for a behemoth like WWE to change absent some legal obligation. We explore the shifting landscape in wrestling with AEW now on the horizon and what can be done for Paul Orndorff. 1:01:26 - What to Watch For: Welcome Sloane Lust! NIL coming to High School, Sports Betting Update *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Tarun Sharma (@TKSharmaLaw) Conduct Detrimental (@ConDetrimental)
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The ROADMAP: 3:10 - Barstool & NIL: Are “Barstool Athletes” breaking state law and/or school rules given Barstool’s ties to the gambling industry? How about if you gave Barstool a picture of you with the school logo and colors but you didn’t have permission from the school? What is being done to educate athletes? Is your eligibility at risk for a violation? As of today, reports are that a staggering 140,000 athletes across D1, D2, and D3 have applied to Barstool. That’s roughly 1/3 of all athletes. However, no one seems to have a clear answer to these questions, leaving open the possibly that more schools - like AIC - will take a stand against Barstool and prohibit any type of partnerships. NIL is a cluster. Be informed. 25:20 - Trevor Bauer Allegations. The accusations against the reigning Cy Young Award Winner are very messy. A woman says — during a consensual sexual encounter with Bauer — that he rendered her unconscious for a period of time and that she did not consent to the actions he performed while she remained unconscious. Bauer’s lawyer meanwhile put out a statement that included the following, “Any allegations that the pair’s encounters were not 100% consensual are baseless…” Still, there are some things you can consent to in a BEDROOM that you cannot consent to in a COURT OF LAW. Where’s the line? How does this compare to Deshaun Watson? We debate the new case against the Los Angeles Dodgers Pitcher. 38:00 - Burning Controversy at ESPN HQ. Rachel Nichols was displeased that Maria Taylor was given the job to host the NBA Finals last year over her. She voiced this frustration to a media friend. She did not know, however, that this private conversation in her hotel room was being recorded to ESPN’s servers. This recoding and her controversial perspective would make their way around ESPN before being leaked — by someone — to the New York Times last week. Some speculate the leak was done by Maria Taylor since she's in the middle of a contract negotiation with ESPN but no one knows for sure. A public relations nightmare with multiple people who could sue and even potentially criminal ramifications. We break it down. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental)
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7/13/2021 • 1 hour, 10 minutes, 39 seconds
Episode #100: Dan Werly Titans’ GC & Launch of ConductDetrimental.com!
Dan Werly, Tennessee Titans General Counsel and Conduct Detrimental Co-Creator, makes his triumphant return to the show (4:20 - 44:55) to discuss where he’s been for the last few years. He tries to answer the unanswerable question of how someone goes from private practice lawyer, to blogger, to podcast host, to sports lawyer, to General Counsel of both an MLS and NFL Franchise!!??? As Werly discusses, “networking” opens doors but persistence is needed to knock doors down. A masterclass in how to leverage contacts to find the right clients and career to match your personality and interests. Werly explains his dream role: running legal for an NFL franchise. And the big news… this podcast was created to expand Sports Law and we’re now taking another step in that direction. Today, we launch ConductDetrimental.com to provide a singular-focused Sports Law platform open to anyone and everyone that wants to contribute. Writing is how we got our start and remains a crucial step in your Sports Law portfolio to distinguish yourself in this niche. Our goal is that you’ll get your resume to stand out, foster more connections, and push your career closer to your passion. Sports Law is meant to be fun and we hope this site is an extension of the fun we have on the podcast and social media so that we can continue to grow Sports Law together. *** Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonOf_Law) Stephanie Weissenburger (@SWeissenburger_) Tarun Sharma (@TKSharmaLaw) The Show (@ConDetrimental)
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7/7/2021 • 47 minutes, 9 seconds
THE NIL ERA IS HERE!
MAAC Commissioner Rich Ensor (5:25 - 46:23) returns to the show to cover the historic changes to the NCAA landscape. As both a lawyer and the longest-tenured D1 Commish (33 years), he’s a fantastic resource to see how Conferences, Athletic Directors, and the NCAA are interpreting the new laws and overhauling their systems to adapt to the NIL Era. We discuss the differing rules at the State & School level, the impact of the Supreme Court decision, what the lawyers could have done differently, the future of agents in the NCAA, the finer points of the impending federal bill, and the Kaplan Equity report dealing with the NCAA’s ongoing gender disparity. Loaded episode for a historic day— we touch upon EVERYTHING you need to know to guide you through the chaos that is the Wild Wild West. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonofTheLaw) The Show (@ConDetrimental)
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7/1/2021 • 52 minutes, 13 seconds
Supreme Court Decision: NCAA v. Alston
Professor Marc Edelman joins the show (5:44 - 36:58) to breakdown a historic day in Sports Law. We cover the United States Supreme Court’s decision on NCAA v. Alston. After oral argument, Professor Edelman boldly predicted a 9-0 unanimous verdict against the NCAA when no one else did. He explains the historical precedence of the decision, what to make of the scathing language in the opinion(s), how this impacts the simultaneous NIL / paying college athletes debate, and whether the NCAA can survive this kind of a judicial blow. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Tarun Sharma (@TKSharmaLaw) The Show (@ConDetrimental)
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6/21/2021 • 43 minutes, 8 seconds
Building Sports Law Resumes, MLB’s Sticky Memo, Baffertisms & Burritoisms
The ROADMAP: 7:05 - California Sports Lawyer, Jeremy Evans, visits live and in-person from California. We discuss the early years of Sports Law, why the Competition Circuit was absolutely the coolest part of law school, how to effectively network within the industry, marketing once you are in practice, and the importance of non-Sports legal jobs on your Sports Law career path. We start here and sprinkle it in throughout the show. Sports Law from coast-to-coast! 16:23 - MLB’s Sticky Situation. The Era where players we once viewed as heroes were all of a sudden cast as villains. No, not the Hitters of the Steroid Era... the Pitchers of the Sticky Era. Baseball felt the need to intervene and course-correct a problem they felt was out of control. As Trevor Bauer once put it, “70 percent of the pitchers in the league use some sort of technically illegal substance on the ball.” And how will MLB agents deal with outspoken clients, the MLBPA with suspensions, and teams with guaranteed contracts? How is this even fair considering the lack of Astros punishment? We breakdown the complex dilemma at the heart of baseball. 31:25 - Global Tennis Merger on the horizon and what it means for the rest of the Men’s & Women’s Professional Sports Landscape particularly given the rapid changes to the definition of an "Amateur" Athlete. 36:49 - Horse Racing Legal Trifecta. Straight from the horse’s mouth: “No one is safe from a Bob Baffert lawsuit.” Another round of lawsuits from Horse Racing’s bad boy. His most recent challenge in New York is based on an alleged violation of the Due Process clause of the 14th Amendment of the United States Constitution. He alleges he was improperly suspended from New York’s Premier racing tracks without a proper hearing and an opportunity to defend himself. There's also his claim of a contaminated sample that raises some eyebrows. We know this… Baffert is not going to take the Bonds/Armstrong label without a vicious fight in the courts. 52:20 - WHAT TO WATCH FOR — Texas becomes the 6th State to Legalize NIL on 7/1, NCAA Senate Hearing 2.0, NBA Playoffs Heating Up, & More Burritoisms! *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonOf_Law) Stephanie Weissenburger (@SWeissenburger_)
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6/17/2021 • 59 minutes, 43 seconds
U.S. Senate Takes on the NCAA & NIL
Darren Heitner joins the show (8:32 - 36:13) to cover the United States Senate Hearing “NCAA Athlete NIL Rights,” covering the pressing need for federal legislation in the college sports arena. We discuss which states have now passed NIL, the next ones to follow, and how this will impact the urgency of Congress and the timeline for the NCAA’s own NIL. We assess the performance of NCAA President Mark Emmert and the possibility of injunctions filed by the NCAA against states to block their NIL from going into effect. Emmert got attacked by politicians on both sides of the aisle… but is it all for show… or does Congress truly have a plan to pass legislation? July 1st looms large. Tick Tock. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Tarun Sharma (@TKSharmaLaw) The Show (@ConDetrimental)
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The ROADMAP: 2:36 - Alex Rodriguez’s NBA Acquisition in Jeopardy. Just as A-Rod thought he was buying into a majority position in the NBA’s Minnesota Timberwolves, an owner with a 17% position in the team has filed a lawsuit to block the sale with an injunction. He’s suing for breach of contract and breach of implied duty of good faith and fair dealing. He’s seeking to amend the terms of the deal with A-Rod to ensure that the team stays in Minnesota and cannot be relocated to Seattle, Louisville, Vegas, etc. We discuss the history of basketball in Minnesota -- just ask George Mikan! 14:50 - The Water Bottle Felony. A 21-year old Boston Celtics fan has been arrested and hit with felony charges for throwing a water bottle at the Brooklyn Nets’ Kyrie Irving. It caps a week of bizarre fan incidents across NBA arenas (Trae Young spit on, Russell Westbrook showered with popcorn) — and during the playoffs no less. Fans have finally returned to the stands and it is abundantly clear that they’ve forgotten how to conduct themselves. Now the Suffolk County District Attorney is sending an emphatic message that this will NOT be tolerated by slapping the fan with Assault & Battery with a Dangerous Weapon, a felony carrying a 10-year prison sentence! We breakdown the video footage of the Kyrie incident and debate if the punishment truly fits the crime. 26:32 - Police Witness Marcell Ozuna Domestic Incident. The Atlanta Braves signed Ozuna to a 4-year $65M extension this offseason and just months later he’s on the verge of possibly being released. Ozuna is wrapped up in very disturbing allegations having been charged with aggravated assault by strangulation and battery, both under domestic violence laws. The police responded to the incident and claim to have witnessed a portion of the altercation. This makes it an exponentially easier case for the prosecution and, likewise, exponentially easier to get an MLB suspension. We discuss the fallout and role of the MLB Players’ Association. 36:03 - $100M MLB All Star Game Lawsuit. A collection of businesses in Atlanta have filed a massive lawsuit against Major League Baseball stemming from the league’s decision to move the game from Atlanta and into Denver. Baseball was transparent as to why they moved the game - their disapproval of the voting laws in the State of Georgia. These businesses claim that All-Star sites have typically earned $40M-$150M in revenue so they are suing for lost profits and asking for the game to come back. It’s a lawsuit based in promissory estoppel and detrimental reliance. We break it down. 43:31 - WHAT TO WATCH FOR — Indy 500, College Baseball, Nebraska Home Opener, and Dan’s 2nd kid is due soon! *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Tarun Sharma (@TKSharmaLaw) The Show (@ConDetrimental)
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6/3/2021 • 49 minutes, 22 seconds
Julio Jones Prank Call?, TB Rays Owners’ Lawsuit, Moultrie-v-NWSL, Watson & NIL
The ROADMAP: 2:45 - Was Julio Jones ILLEGALLY RECORDED by Shannon Sharpe live on-air? If this wasn’t staged, a crime was committed. Simply put, Undisputed is filmed in California, which is one of the states that follows the "two-party consent" law. In these states, it’s a crime to record a private telephone call without the consent of all parties involved. Either way, reports are that the Atlanta Falcons and NFL are not happy with Fox Sports — we investigate the legitimacy and the potential fallout. 13:00 - New Lawsuit brought by Tampa Bay Rays Ownership — Minority owners of the team have filed a lawsuit alleging that Rays principal owner Stuart Sternberg was involved in a fraudulent scheme by secretly paying himself while strategically withholding distributions, saddling the minority partners with massive tax obligations, pressuring some to sell shares, and transferring all the valuable assets into a new company he owned. And moreover, secretly negotiating a deal for the team to move to Montreal! We break it down. 25:01 - Olivia Moultrie takes on the NWSL — In 2003, Ohio State Star RB Maurice Clarett sued the NFL over a rule that prevented him from entering the Draft because he was too young. He lost. And now, Moultrie, a 15-year-old soccer phenom has sued the NWSL over a rule that similarly prevents her from entering the league... but she won! A Judge awarded her with a temporary restraining order this week, making her free to sign with any team. However, the looming CBA negotiation complicates matters. 34:28 - NIL Update / Paying College Athletes. As of July 1st, five states (Florida, Georgia, Alabama, Mississippi, & New Mexico) are allowing in-state athletes to receive compensation. Two big college football powerhouses, Ohio & Texas, seem to be on the horizon of passing their own laws and joining the NIL conversation. We provide the latest and the impact of the looming Supreme Court decision in NCAA v. Alston. 42:36 - Deshaun Watson Update — a new case scheduling order dictates that Watson’s deposition cannot occur before February 22, 2022. We discuss the impact on settlement and the timeframe on potential criminal charges and an NFL suspension 45:05 - WHAT TO WATCH FOR: NBA Playoffs, Logan Paul & Conor McGregor Fights, the Drive to Survive on Ferrari’s Monaco Mishap, Sports Books *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonOf_Lawson) Tarun Sharma (@TKSharmaLaw) Stephanie Weissenburger (@SWeissenburger_) The Show (@ConDetrimental)
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The ROADMAP: 3:07 - Sports Betting Rumble — Dan Wallach returns to the podcast to fill us in on the heated debate at the center of the Sports Betting industry that has kept him away from the show. As more states are inclined to legalize, it’s the nuance in state law that is complicated the timeframe. All eyes are on Florida now as haymakers are being thrown all around. Wallach - THE Sports Betting Guru - gives us both sides of the argument. 18:00 - Tyson Fury v. Deontay Wilder Arbitration. The legal dispute at the center of the heavyweight boxing world centers on whether Wilder had a valid and enforceable rematch clause in his contract after losing to Fury in February 2020. Tyson Fury had a title bout scheduled against a different fighter, Anthony Joshua, but those talks are now on hold based on the Arbitrator’s decision. We explain what legal rights Wilder and Fury have post-Arbitration. 32:18 - MLBPA $500M’s Grievance. Rob Manfred: MLB was set on 60-game 2020 season 'no matter how negotiations with players went' ... "The reality is," Manfred said, "we weren't going to play more than 60 games no matter how the negotiations with the players went." Manfred's statement is at the heart of the union’s allegation that the league intentionally delayed the 2020 season to force them into only 60 games— costing players millions in revenue from a shortened season. A massive chip when it comes to the renegotiation of the MLB Collective Bargaining Agreement when it expires in December. 39:45 - Bob Baffert is sued by bettors in California Federal Court for allegedly cheating in the Kentucky Derby. With a loss in the Preakness and a fresh ban from the Belmont Stakes— things are trending the wrong direction for Baffert. We breakdown the merits of the bettors’ case, whether we expect more to join the class-action against Baffert, and the lasting impact on Horse Racing. 48:09 - Dan Lust is the new Sports Law Professor at New York Law School. Here’s the story of how it happened. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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The ROADMAP: 3:12 - Bob Baffert / Medina Spirit — Legendary Horse Racing trainer Bob Baffert goes from winning the Kentucky Derby for a record 7th time, to getting banned from the Kentucky Derby following Medina Spirit’s post-race test results. His latest infraction, his 5th in the last year, takes him from the GOAT conversation to the Lance Armstrong conversation. We discuss the PR strategy behind his recent media tour, legal remedies to fight a race ban, and the road to contesting the Kentucky Derby results. 15:46 - MLB has approved the Oakland Athletics request to explore relocation options. This comes after the Warriors and Raiders have already left the city so the Athletics are the last pro team left. The franchise is in a public fight with the city of Oakland involving some interesting litigation regarding the plans for a new stadium. We discuss the relevant MLB rules concerning teams moving to a new location and other teams’ so-called "territories" that are off-limits for relocation. 28:05 - Deshaun Watson — Been a little too quiet on this front. Is it the calm before the storm (criminal case imminent) or are Buzbee & Hardin on the verge of orchestrating a global settlement to close out all cases? The NFL Network’s Rich Eisen is reporting that he heard a settlement was in the works. Our legal instincts are saying these reports are wrong know how hard it is to settle 20+ cases in a sensitive matter like this. We debate and pinpoint exactly where this case is in the litigation phase. 39:51 - What to Watch for — Hulu Documentary Trifecta (Nickelodeon[!!!], WeWork, & Who Let The Dogs Out) and NBA TopShot’s Makeover *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_sonof_Law) The Show (@ConDetrimental)
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5/12/2021 • 46 minutes, 4 seconds
Andy Schwarz on NIL, Tom Wilson NHL Punishment, Vanessa Bryant Lawsuit, & Jake Paul / Triller Fight Fallout
The ROADMAP: 1:04 - The NHL’s botched handling of punishment for the Washington Capitals' Tom Wilson, the New York Rangers, and all the insanity in between. 15:12 - Update in the Vanessa Bryant litigation against Los Angeles County. 20:48 - If you’re one of the 2M who illegally watched the Jake Paul vs. Ben Askren boxing match, Triller is warning you to pay up NOW or else you’re getting sued. 32:22- Name Image & Likeness Laws. Georgia becomes the 5th state to pass NIL laws the become effective on July 1st, we breakdown the recruiting/transfer implications. 36:23 - Andy Schwarz, Sports Economist & Co-Founder of the Professional Collegiate League joins the show. We cover the biggest sports business and legal issues in college sports including the alternatives to playing in college (the PCL & Overtime Leagues) as well as whether the NCAA can survive the onslaught of state and federal NIL laws. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_sonof_Law) Tarun Sharma (TKSharmaLaw) Stephanie Weissenburger (@SWeissenburger_) The Show (@ConDetrimental)
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The ROADMAP: 2:39 - New Umpire/Ref Bill. We are joined by Jake Joling, a 2L at Wisconsin Law, to debate the finer points of Wisconsin’s controversial law which seeks to criminalize both PHYSICAL and VERBAL abuse towards umpires and referees via a Class A Misdemeanor. In addition to being a resident of the state and a law student there, Jake has several years worth of baseball umping experience and speaks directly to public policy / why the law was put in place and - simultaneously - fends off a hot bench full of tough questions. 17:49 - LSU Class Action. Seven women have filed a federal class action-lawsuit against LSU, claiming the school conspired to cover up sexual misconduct. LSU is accused of prioritizing football over safety and creating a "culture of silence.” The new lawsuit claims that LSU discriminated against and retaliated when women would try to report rape, domestic violence, and other campus problems. We discuss how this fits together with the other allegations against the school. 27:08 - Another Snyder Bomb. Washington Football Team owner Dan Snyder in a new court filing accuses John Moag, a prominent lawyer and sports investment banker, of destroying evidence in a defamation lawsuit. At issue in the underlying case is who exactly provided information to a media outlet alleging that Snyder was connected to convicted sex offender Jeffrey Epstein. The question is whether and why Moag may have deleted his own incriminating emails. 36:49 - Vanessa Bryant ends Kobe deal with Nike. There was an expectation that Nike would present a true “lifetime” structure similar to those held by both Michael Jordan and LeBron James— but that’s apparently not what occurred. Per Vanessa, “we will always do everything we can to honor Kobe and Gigi's legacies. That will never change.” We discuss how contract negotiations broke down and what could be in store for the Kobe brand. 50:05 - What to Watch For: Expecting #GirlDad... The $430K Meme NFT... Baseball & The Law Book... Disney's Big Shot & Mighty Ducks... *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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4/29/2021 • 54 minutes, 30 seconds
RIP Super League, Florida Betting Debate, Deshaun Watson's Defense
The ROADMAP: 2:40 - Sifting through the Super League's ashes. Where did it all go wrong? Did the Sports Law Avengers really save the day???? We recap its swift downfall and the role of fan protests across the world. The leaked terms of the “binding contracts” and punitive “exit clauses” signed by Super League teams now create some intriguing legal scenarios moving forward: mega breach of contract lawsuits and/or sanctions against the 12 clubs. 15:11 - Florida Sports Betting Chaos. We jump back into the fiery legislative debates on passing sports-related laws. You might want sports betting badly in your state but as Wallach cautions, “No deal is better than a bad deal.” When it comes to sports betting there is a complex web of legalese and interplay with Tribal Laws-- and now Florida's Governor Ron DeSantis is right in the middle of the controversy. THE Sports Betting guru, Dan Wallach, tells us the word on the ground in Florida and how this debate impacts discussions around the country. 32:15 - UPDATE: Paying College Athletes. Four states now have passed laws that allow athletes to be paid starting on July 1st: Florida, New Mexico, Mississippi, and Alabama. We discuss where the rest of the country stands, the NCAA’s legal counterpunch, and what will happen to the alarmingly large amount of athletes in the transfer portal. 36:01 - Deshaun Watson Update. A very slippery slope that Watson’s legal team is heading down. In a case that now purely comes down to credibility, it’s going to be difficult to show that each and every one of the women are just lying… but that’s exactly what Rusty Hardin is trying to do. The messy question that isn’t getting enough focus — if Watson is actually admitting to paying these masseuses for consensual acts, isn’t that quasi-prostitution? And if so, couldn’t a suspension still result under the NFL’s personal conduct policy… even if he settles everything or goes 20-0 at trial? We discuss. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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4/23/2021 • 57 minutes, 39 seconds
The Super League Symposium
Fan or not, what’s going on with the Super League is an ESSENTIAL case study for any and all sports fans. In this jam-packed episode we break it down with law students, professors, and lawyers from across the world to understand the true significance of these landmark events. Of note, this episode came together in a few hours thanks to the power of social media with guests from Manchester, to California, to Scotland, to Florida to Belgium to New York... “SPORTS LAWYERS ASSEMBLE!!!!!!!!!!!” The 2nd panel is full of legal experts to give you a masterclass on the complex legal and business issues at play. Meanwhile, the 1st panel is designed to explain the sports-specific elements of the Super League at a baseline level. Pick your starting point based on your current level of understanding— but between both you’ll leave with a full understanding of the landscape and ready to follow all the fireworks to follow. *** The ROADMAP: Panel #1: The SPORTS Ramifications (9:46 - 46:21) - WHAT IS GOING ON?!? - Impact on Champions, Europa, and Domestic Leagues - Comparing to NFL, NBA, and March Madness - World Cup Chaos - GUESTS: Gregory Termolle (🇧🇪); Kenan Hamarsheh (🏴) *** Panel #2: The LEGAL Ramifications (47:57 - 1:27:44) - Player’s Legal Options: Where are the Unions? - League & Club Options - Arsenal of realistic sanctions/bans versus pure bluffs - Scouring the Fine Print: what agents are looking at in their clients’ deals as well as what language executives are looking for in TV contracts - Antitrust has Entered the Chat. What jurisdictions would lawsuits be filed, what they would look like, and nuances in international methods to preventing monopolies - Injunctions & Public Policy Arguments: How fan reaction factors in… and why public ownership in clubs adds another complicated element - GUESTS: Prof. Katarina Pijetlovic (Manchester Law); Prof. Steven Bank (UCLA Law), Prof. Ted Curtis (Lynn Sports Management); and Tom Babcock, Esq. (American Outlaws Syracuse) *** Kat’s Book: “EU Sports Law & Breakaway Leagues in Football" (available on Amazon) Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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4/20/2021 • 1 hour, 30 minutes, 51 seconds
“Assault.” - The MMA Episode w/ Jason Cruz, Esq.
The ROADMAP: 1) Intro & Legal Sports Betting NOW COMING to NY, AZ, and MD 2) 6:17 — Lawyer Jason Cruz joins the show to talk UFC, MMA, and all things legal in and around Combat Sports 3) 7:55 — Massive UFC Antitrust Case & Fundamental Issues 4) 20:01 — Why a Fighters’ Union May Be Coming 5) 24:00 — UFC President Dana White attacks Piracy (“surprise for u m***** f****** this year”) 6) 27:12 — Future of Betting in the Sport 7) 30:30 — Ariel Helwani’s Looming Free Agency / Tremendous Negotiation Leverage 8) 32:75 — Conor McGregor, Dustin Poirier, & Contract Law 9) 38:22 — Mark Hunt v. Brock Lesnar Lawsuit 10) 44:13 — [End of Interview]. MLB’s Antitrust Exemption under attack from political foes. What it means for the active litigation MLB... See, October 8, 2020 episode with Garrett Broshius, lead counsel in the minor leaguers’ lawsuit *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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4/16/2021 • 51 minutes, 48 seconds
Deshaun Watson Case Turns; LA Chargers’ Family Feud; LSU’s $50M Title IX Lawsuit; and MLB All Star Game Moved
The ROADMAP: 1) 5:37 — The Deshaun Watson case begins to turn as Buzbee takes a back seat and accusers take the microphone; the Red Wedding of sponsorship as Nike & Co. cut bait on Watson; Tony Buzbee and Rusty Hardin duke it out in emergency motion practice; more litigating the case in the press and, of course, more Buzbeeisms. 2) 22:29 — Trouble in Baton Rouge as LSU Tigers are facing heavy fire, principally a $50M Title IX lawsuit against the school. There’s an apparent lack of institutional control (similar to Penn State with Joe Paterno) that threatens the future of the university. 3) 34:14— LA Chargers Family Dispute. The Intersection of Sports with Trusts & Estates is where we find ourselves at the center of a messy battle between the Spanos Family, the owners of the Los Angeles Chargers. A new legal petition alleges that the family trust’s debts and expenses exceed $353M and Trust Law - and an alleged breach of a fiduciary duty - now requires the team to be sold. The fate of the franchise is now in a Judge’s hand. Enter: Jeff Bezos? 4) 50:07 — MLB All-Star Game moved out of Georgia in response to the passage of a new voting law. The decision to move the game out of Georgia and into Colorado has sparked controversy. We disagree & we discuss. 5) 1:04:14 — UPDATES: Nike-v-Satan, Tiger Woods Crash, New Mexico joins Florida by passing NIL that goes into effect on July 1st 6) 1:06:09 — What to Watch For... Masters, Duke Law Symposium, & ABA-v-NBA Book *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Tarun Sharma (@TKSharmaLaw) Stephanie Weissenburger (@SWeissenburger_) The Show (@ConDetrimental)
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4/12/2021 • 1 hour, 15 minutes, 44 seconds
NCAA Special Episode: MAAC Commissioner Rich Ensor, Esq. Talks All Things College Sports
The Super Bowl of Sports Law!!! After a historic occasion like the U.S. Supreme Court taking on college sports, we are honored to have Lawyer / MAAC Commissioner Rich Ensor join the show. His MAAC conference includes: Canisius, Fairfield, Iona, Manhattan, Marist, Monmouth, Niagara, Quinnipiac, Rider, Saint Peter’s, and Siena. Along with Rich, we cover all things at the intersection of College Sports & Law. The ROADMAP: 1) 1:00 — Our thoughts on NCAA-v-Alston, recap live tweets of the joyous occasion and give Supreme Court predictions 2) 7:20 — MAAC Commissioner Rich Ensor joins the show! How this huge basketball fan / Seton Hall Law grad ended up becoming the longest tenured NCAA D1 Commissioner in the country and Treasurer of the Sports Lawyers Association. He’s very outspoken on all things college sports and an absolute wealth of Sports Law knowledge from his 30+ years of experience at the helm of the MAAC Conference. 3) 12:55 — Title IX issues, Possibility of Gender Lawsuits, TikTok at the heart of the Mens-v-Womens Basketball Bubble Controversy. See, Oregon’s Sedona Prince v. NCAA (March 2021) (“we got a weight room yeaaaaaaa”). 4) 24:58 — Recapping NCAA-v-Alston; State/Federal NIL is coming… how will college sports adapt? What to do about the looming Florida problem? 5) 32:05 — The Future of Sports Betting and College Sports 6) 41:30 — MAAC in March Madness, Transfer Portal Dilemma, and Trouble with Granting Eligibility Extensions 7) 57:49 — The Career Path. How to go from Political Science Major to NCAA Power-Player. The role his law school education played in his journey and how he uses it in his day-to-day responsibilities. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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4/2/2021 • 59 minutes, 51 seconds
The Tony Buzbee Show, Portnoy Deposition, #FreeBritney, Satanic Nike’s, Snyder Buys WFT
The ROADMAP: 1) 3:06 — Deshaun Watson now with 19 civil cases against him; Sports Illustrated speaks to the first accuser, “Mary”, who refused to be represented by The Buzbee Law Firm; Tony Buzbee goes back on his word and will now NOT provide materials to the Houston Police Department due to a possible conflict of interest from his mayoral campaign and/or that Deshaun Watson’s lawyer has a son who works for HPD. 2) 15:17— WFT Dan Snyder Owner goes from fighting toxic workplace and sexual harassment allegations ** and potentially being forced to sell the team ** to all of a sudden buying out the minority members and becoming the 100% owner of Washington Football Team. Snyder should really take Goodell out to a steak dinner. 3) 27:50 — Nike files trademark infringement lawsuit against MSCHF over controversial the Lil Nas X “Satan Shoes” project. Putting human blood in shoes? Bold strategy, Cotton. 4) 39:45 — [Instagram Poll Winner] - Britney Spears has filed to have her father permanently removed from her personal conservatorship. #FreeBritney 5) 48:53 — Barstool Deposition. We breakdown footage of Dave Portnoy’s viral deposition in the breach of contract suit brought by comedian Michael Rapaport… and what NOT to do when you’re conducting a deposition. 6) 57:09 — What to Watch for; NCAA v. Alston; MLB Begins; NYLS Sports Law Symposium; F1 / Drive to Survive *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_sonof_Law) Tarun Sharma (@TKSharmaLaw) Stephanie Weissenburger (@SWeissenburger_) The Show (@ConDetrimental)
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3/31/2021 • 1 hour, 4 minutes, 52 seconds
SCOTUS Preview: NCAA-v-Alston ft. Gregg Clifton & Warren Zola
On 3/31, oral argument in Alston will occur in the Supreme Court... the first college sports case to reach the highest court in 40 years. We give you everything you need to know! *** The ROADMAP: 1) 1:15 — Deshaun Watson now with 14 civil cases against him; His lawyer, Rusty Hardin, plays the “blackmail” card in his first public statement; Victims' Lawyer Tony Buzbee called a liar by the Houston Police Department / tries to get it to a grand jury; we cover it all. 2) 11:36 — Background of Gregg Clifton & Warren Zola 3) 16:25 — Interview Begins: The Supreme Court taking the NCAA-v-Alston case and why it's so important to the future of college sports 4) 25:35 — Antitrust Analysis. NIL Benefits/Potential 5) 34:50 — How a SCOTUS ruling will impact state NIL statutes like Florida’s that goes into effect July 2021 6) 45:06 — NIL Full Scale: Stare Decisis and Forum Shopping in California 7) 51:45 — Possible Outcomes of SCOTUS Ruling on Alston & Parting Thoughts 8) 57:09 — Enter the Solicitor General / How to Follow Oral Arguments on 3/31 *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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3/25/2021 • 1 hour, 4 minutes, 22 seconds
Deshaun Watson Lawsuits & Senator Joe Addabbo on NY Sports Betting
The ROADMAP: 1) 1:05 — After thousands of votes... the Winner of the “1L Iconic Case Bracket” is none other than the “cagey veteran” Helen Palsgraf! The Dans breakdown the bracket results. 2) 4:20 — Background on New York Senator Joe Addabbo, federal involvement in passing sports betting legislation, how legalization of gambling compares to the process of getting college athletes paid 3) 12:59 — Where New York stands with legalizing sports betting, competing proposals within the state pitting his against Governor Cuomo’s; Why NY is lagging behind other states; creation of sports betting jobs; allowing gambling at sports venues, and role of state constitution 5) 27:55 — From Lawyer to Senator. What he did on his path that got him to where he is today and the value of working for a small firm for transitioning into politics 6) 33:00 — Gambling royalties paid to leagues; future of iGaming; casino extension; site selection versus new license holders, possibility of constitutional amendment 7) 49:03 — Houston, we have a problem... Deshaun Watson demands a trade from the Texans— they reportedly refuse and now chaos ensues. As of today, Watson has been sued by 7+ massage therapists for allegations of sexual assault. The same attorney, Tony Buzbee, is representing all victims and has indicated that as many as 22 separate lawsuits may be filed. Conspiracy theories are buzzing as there are reported ties between the lawyer and Texans' ownership. We dissect the attorney’s media strategy, jury pool considerations, the evidence behind the allegations, and the NFL’s investigation / looming suspension. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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3/20/2021 • 1 hour, 14 minutes, 30 seconds
Tiger Woods Car Crash, Dan Snyder’s Bot Alibi, Les Miles LSU Investigation, Tom Wilson’s Violent Propensity
The ROADMAP: 1) 2:31— Tiger Woods car accident, probable cause to search, and what we’ve learned from the ongoing criminal investigation. 2) 9:48 — Snyder Legal Superfecta. Status of NFL investigation into Washington Football Team’s toxic culture / sexual harassment claims, Snyder’s lawsuit against WFT’s minority owners, India defamation case leads to seeking discovery against the ex-GM’s wife, and a bizarre history going after grandmas? Let that marinate. 3) 27:38 — The unearthing of Les Miles ugly sexual harassment claims while he was LSU’s head football coach leads to him leaving the helm with the Kansas Jayhawks. Was there sufficient cause under his contract? We discuss. 4) 38:27 — Tom Wilson of the Washington Capitals leads the NHL in penalty minutes since 2013 with no shortage of dirty hits and lengthy suspensions. Should his history come into play when assessing punishment for his latest infraction? How does recidivism factor into NHL punishment generally? 5) 52:40 — What to Watch for: NBA TopShot Momentum; March Madness Looming; Lust speaking at Nebraska Law; Wallach speaking at Albany Law & Goldman Sachs. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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3/11/2021 • 1 hour, 1 minute, 8 seconds
Lawyer Turned MA State Senator Eric Lesser on Legalizing Sports Betting
The ROADMAP: 1) 5:02 — Senator Eric Lesser joins the show! 2) 6:03 — Why MA is so cautious over sports gambling and policy concerns 3) 11:29 — Senator Lesser’s bill and timeframe for passage 4) 17:46 — Social ramifications of sports betting and economic impact on neighboring states 5) 23:28 — Ban on betting college sports and potential March Madness carve-out 6) 27:20 — The Career Path: From Lawyer to Politician 7) 32:24 — How long does it take states to pass sports betting bills / when will it be legal in Massachusetts? *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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3/2/2021 • 38 minutes, 9 seconds
Panarin's KHL Allegations, Notre Dame v. EA, Mariners CEO Resigns; Dolphins Xavien Howard is Cleared
The ROADMAP: 1) 10:09 — Messy assault allegations have been brought against New York Rangers’ Star Artemi Panarin from 2011 when he was playing in Russia. The timing of the claim surfacing appears to be politically motivated so we have some shades of the Enes Kanter situation. We explain. 2) 27:30 — Notre Dame opts out of EA Sports video game citing the importance of having college athletes paid. 3) 33:51 — Seattle Mariners President/CEO Kevin Mather steps down following a controversial interview with insensitive comments about foreign-born players and the team's service-time manipulation. 4) 46:46 — Unsolved mystery in Georgia involving a stray bullet going into the home of NFL agent Damarius Bilbo, and his client, Miami Dolphins Star Xavien Howard, being listed on the police report. 5) 54:05 — Houston we have a problem. Deshaun Watson v. The Texans. Watson is under contract but that didn’t stop James Harden from similarly forcing a trade out of Houston. Who will blink first? Where will he end up? *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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2/26/2021 • 57 minutes, 40 seconds
ESPN’s Brian Windhorst: NBA Pivot on NCAA NIL, Top Shot & Market Manipulation, Solving Tanking
Brian Windhorst joins the show to break down the landscape at the intersection of Basketball and the Law. We cover college basketball, sport betting, investing in Top Shot, solving the longstanding tanking issue, and his humble career beginnings covering LeBron James in Cleveland. The ROADMAP: 1) 1:00 — Intro & Brian Windhorst’s background, from reporting on the Cleveland Cavaliers to breaking into ESPN 2) 11:00 — Windhorst joins the show! 3) 11:55 — How sports betting legalization has changed his job 4) 14:20 — Brian’s new ESPN piece on NBA Top Shot. Its creation, pandemic boom, and dealing with market manipulation concerns 5) 30:27 — Solving the tanking approach in the NBA 6) 39:28 — How NCAA’s approach to NIL is creating tension with the NBA 7) 46:25 — Brian’s career beginnings with LeBron and advice to those trying to break into the industry *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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2/20/2021 • 57 minutes, 32 seconds
Cat Lawyer, Barstool-v-Canseco, Malik Beasley Fact Pattern, Britt Reid DUI, & Kobe Probable Cause
The ROADMAP: 1) 1:00 — Top 10 Sports Law Programs List 2) 10:25 — Kobe Bryant Case. NTSB’s reveals Probable Cause is pilot error. We breakdown how this impacts the liability and damages aspects of the case. It’s not all good news for the families of the crash victims. 3) 20:55 — Timberwolves’ Malik Beasley sentenced to 120 days in jail following bizarre gun incident. There’s a fascinating criminal procedure fact pattern here with the police’s searched of his home after the fact and discovery of additional guns and marijuana. 4) 29:20 — Britt Reid, KC Chiefs Coach, involved in a car accident and allegedly admitted to having a few drinks that night. A 5-year old girl was involved in the crash and remains in critical condition. Is this considered an accident within “the scope of his employment” if he was leaving work but not on the facility? Could the Chiefs be liable? 5) 40:45 — Sports Betting Corner. Legal that fan can cash a Super Bowl prop bet for fan running on the field and… (52:10) potential litigation from Barstool Sports / Jose Canseco and an alleged $1M dive? 6) 1:02:00 — “I’m here live. I’m not a Cat.” 😹😹😹 7) 1:10:00 — What to Watch For: Designing the Air Jordan; Willie O’Ree NHL Sports Doc *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_SonOf_Law) Tarun Sharma (@TKSharmaLaw) The Show (@ConDetrimental)
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2/11/2021 • 1 hour, 12 minutes, 46 seconds
NCAA’s Big Week (EA Sports & SCOTUS), Kobe Findings, Tony DeAngelo Dispute
Wallach is BACK from Siberia. Well... kinda... he's still in Siberia but rejoins the Pod to address rumors he's a secret spy and/or secretly working as a scout for the New York Rangers. *** The ROADMAP: 1) 5:00 — Law of College Sports. Recapping a monster NCAA week and the history of college sports in the courts; the return EA’s video games and impact of O’Bannon, future of NIL, and NCAA’s Alston appeal to the U.S. Supreme Court 2) 27:30 — Tony DeAngelo unique NHL Dispute and burner account usage; Mets Steve Cohen’s GameStop stumble and Twitter hiatus 3) 44:00 — Kobe Bryant Update. NTSB to announce “Probable Cause” findings following their year-long investigative efforts. What to expect from the live-stream on Tuesday. 4) 48:00 — Sports Betting Corner aka Dan Wallach’s specialty. We discuss the latest in sports betting legislation and sample the topics lawmakers are currently debating across the country, e.g., live betting at stadiums. 5) 1:05:00 — Super Bowl Picks. (CC: @OldTakesExposed) *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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2/6/2021 • 1 hour, 11 minutes, 10 seconds
Zion Dismissal, Belichick/Bielema Fraud Claim, MLB HOF & Sticky Lawsuit
The ROADMAP: 1) 4:00— MLB's HALL OF FAME shortcomings. We discuss the fundamental flaws in the voting structure and the controversial decision to police off-field morals and ethics. 2) 18:00 — Trevor Bauer claimed that 70% of MLB pitchers used a technically illegal substance to help them gain an edge. A lawsuit filed by a former Los Angeles Angels employee and his GO GO JUICE sought to expose the seedy underbelly of baseball... before it was thrown out! 3) 27:13 — ZION WILLIAMSON (finally) prevails on his claim to void the lifetime marketing contract he agreed to while he was at Duke. We explain the situation and how improvements can be made to college basketball to ensure that this doesn't happen again. 4) 38:33 — As Tom Brady reaches the Super Bowl, his former coach, BILL BELICHICK, is getting dragged into a messy breach of contract and fraud lawsuit between Arkansas University and its former Head Football Coach BRET BIELEMA. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_sonof_Law) Tarun Sharma (@TKSharmaLaw) The Show (@ConDetrimental)
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The ROADMAP: 1) 6:20— James Harden Blockbuster! Harden, Durant, and Kyrie are now together on the Brooklyn Nets but signs point to a possible circumvention of the NBA’s prohibition on tampering. 2) 19:38 — Tennessee Volunteers. Head Football Coach Jeremy Pruitt is fired as FOR CAUSE just four months after receiving a massive contract extension from the school. Lawyers are now circling. What happened? We break down the contract and the new “McDonald’s bags full of money” allegations. 3) 32:47 — The Mets GM Jared Porter lasted all but 37 days in office before he was undone by a sexting scandal. We break down the role of ESPN and journalistic ethics in sitting on a bombshell story and seemingly letting it brew for years. 4) 52:00 — What To Watch For: Tiger Woods Documentary, Cleveland Indians Arena Name, Yankees Negotiation Tactics. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_sonof_Law) Tarun Sharma (@TKSharmaLaw) The Show (@ConDetrimental)
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1/21/2021 • 1 hour, 6 minutes, 19 seconds
Wallach Returns! NY Sports Betting Debate, and College Football Shenanigans
After nearly a month hiatus, Dan Wallach makes his triumphant return and joins Dan Lust back on the podcast. The ROADMAP: 1) 3:06 — The Legal Debate at the Center of New York Sports Betting. The "Guru of Sports Betting Law" explains both sides of the argument. Key discussions as sports betting legislations makes it way across all 50 states 2) 20:30 — Ohio State in the CFP. Why some are concerned about the optics of additional rule changes. Nick Saban's daughter's bulletin board material 3) 24:44 — For those new to the podcast, we discuss our favorite episodes of 2020 *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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1/8/2021 • 31 minutes, 58 seconds
Ep73: Dan Snyder Comedy Tour 2.0, MLS Force Majeure, Myles Garrett “Assault.”
It’s a Lust and Sharma week as Wallach remains on secret assignment in Siberia— yes, Siberia… you heard that right. The ROADMAP: 1) 3:31— The chaos in Washington Football Team continues. We break down the latest Snyder allegations and the big updates in the litigation this past week. 2) 15:00 — MLB Headlines. The San Diego Padres are making big moves but it wasn’t so long ago that GM AJ Preller’s trade shenanigans (read: hiding medical records) almost got him fired. And welcome to 2020— where massive free agent contracts (ahem Trevor Bauer) are negotiated on Twitter. 3) 24:44 — The MLS Invokes Force Majeure to attempt to cancel the CBA over alleged losses of $1B. The Doctrine of Laches seems like it’s in play here for waiting too long. Can they really invoke it now when they didn’t in the earlier months of pandemic? How does the Premier League factor in? How about the latest Covid studies in sports? We cover it. 4) 38:47 — NBA Tampering. Philadelphia 76ers GM Daryl Morey gets hit with a $50K fine for tampering. We break down applicable rule in the NBA Constitution and relevant precedent. 5) 49:00 — Re-Litigating the Myles Garrett - Mason Rudolph incident. Assault? Defamation? It’s a layered issue unlike one we’ve seen in sports before. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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12/31/2020 • 1 hour, 3 minutes, 45 seconds
Ep72: The Undoing of WFT, Vanessa Bryant Lawsuit, New LA Clippers Investigation, and the latest NCAA NIL developments
The ROADMAP: 1) 3:37— When the Los Angeles Clippers and Jerry West were sued for $2.5M by a man who claimed that he was the reason they signed Kawhi Leonard, many laughed. That was until the NBA announced they were opening an investigation into the allegations. We break down the case. 2) 13:16 — Being a Washington NFL fan is not easy. Especially when, on a single day, your owner is accused of committing sexual assault, paying a former employee $1.6M to stay quiet, and then team sources indicate that “Washington Football Team” may be your permanent name given trademarking issues. 3) 27:09 — A new lawsuit involving Vanessa Bryant has emerged. This one is between her and her mother and may impact the way the jury perceives her during Kobe Bryant’s wrongful death action. 4) 39:19 — Last week, we talked about NCAA Student-Athlete rights being litigated in the court system, this week we cover it from the legislative angle. Once again, 2021 is setting up to be a historic year for college sports. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: The Show (@ConDetrimental) Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Mike Lawson (@Mike_sonof_Law) Tarun Sharma (@TKSharmaLaw)
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12/24/2020 • 56 minutes, 25 seconds
Ep71: James Harden Breach??, SCOTUS v. NCAA, “Indians” No More, YouTubers Challenge Mayweather/McGregor, Messier-Marijuana Lawsuit
The ROADMAP: 1) 3:41— James Harden demands a trade from the Houston Rockets with three years left on his deal, makes a list of teams he wants to go and, in so doing, begins to test the limit of NBA breach of contract. 2) 13:29 — The United States Supreme Court takes on its first NCAA case in three decades. We break down the MASSIVE significance. 3) 26:27 — Following the Washington “Redskins” lead, the Cleveland “Indians” have announced that they will change their name. Trademark issues loom and it sets an interesting precedent for teams like the Kansas City Chiefs and Atlanta Braves 4) 33:31 — The Boom of YouTube Boxing. Jake Paul KO’s the NBA’s Nate Robinson and that allows brother / fellow YouTube star Logan Paul to land a fight with Boxing’s GOAT, Floyd Mayweather. We discuss the negotiations and what’s next for this booming field... is McGregor on the horizon? 5) 50:29 — NHL Hall of Famer Mark Messier hires BigLaw's Paul Weiss to sue a cannabis company. Forget about the “corporate veil,” this is a case about a $500K personal guarantee. All you need is some good old fashion consideration! Get ready for some hockey references. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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12/17/2020 • 1 hour, 3 minutes, 31 seconds
Ep70: MLB’s Billion-Dollar Insurance War, Evidence of Jets Tank-a-Palooza, Zion Update, CT’s Jurisdiction Battle over Sports Gambling
The ROADMAP: 1) 5:52 — JETS FIRING OF GREGG WILLIAMS SPARKS MORE QUESTIONS OF TANKING: Tanking is frowned upon in all sports but it happens because of the way the NFL Draft rewards the league’s worst team by automatically giving it the first pick without a lottery. The question is whether this a fair reward for a team that questionably got exposed on Sunday with an unfathomable play call with the game on the line. A miracle win by the Raiders… or clear example of throwing the game by the Jets. We’d ask Gregg Williams… but ya know, he’s been fried. 2) 15:26 — STATE SPORTS BETTING: As legislation has popped up around the country, an interesting issue has popped up in Connecticut. Who actually has jurisdiction? Is it the state or the Indian tribes since it’s close to the casino world. The devil is in the details. 3) 26:45 — MLB INSURANCE LAWSUIT: A bombshell lawsuit by all 30 MLB teams against their insurance carriers sent ripples through the legal community. They are seeking billions of dollars and, in so doing, offering up rare access to their books. The MLBPA is keeping a close eye with the CBA set to expire next year and heated negotiations on the horizon. It’s a battle of Goliath (MLB) versus Goliath (Insurance). We discuss. 4) 38:42 — ZION WILLIAMSON LAWSUIT: Is the Judge conflicted out due to their son’s financial interest in the case. We breakdown the result of the appeal and the next steps in the litigation. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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12/9/2020 • 48 minutes, 17 seconds
Ep69: LIVE FINALE... Astros Revenge Lawsuits, NFL’s Proximate Cause, Zion MasterClass
For the third and final leg of the live tour, we are (virtually) in Minneapolis at the University of Minnesota Law School in front of their law students. The conversation was moderated by Tarun Sharma, a 2L & Vice President of UMN’s Sports Law Association. *** The ROADMAP: 1) 3:00 — Zion Williamson Case Update and Judge’s conflict of interest 2) 14:30 — Minnesota’s football cancellation causes Wisconsin to be declared ineligible for the Conference Title. Will the Big Ten amend their rules? We debate playing football in a pandemic. 3) 21:18 — The NFL’s liability analysis after a Buffalo Bills player tests positive for Myocarditis. 4) 26:35 — Houston Astros Lawsuits: from fans and their former GM 6) 37:08 — DeAndre Baker has now signed with defending Super Bowl Champs, Kansas City Chiefs. Did the NY Giants forget about innocent until proven guilty? 7) 43:40 — Open Q&A from Attendees *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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11/25/2020 • 51 minutes, 3 seconds
Ep68: LIVE TOUR 2/3... DeAndre Baker free after Wild Lawyer Extortiom; Antonio Brown probation violation?; and Robinson Cano's PED CBA Loophole
For our second of three LIVE podcasts in a row, we “traveled” to Chicago (via Zoom) for the DePaul Sports Law Symposium where our session was watched live by the Symposium attendees. The conversation was moderated by Emily Farr, a partner at Gould & Ratner, who led us through big-picture sports law trends in 2020 as well as the newest stories of THIS week. *** The ROADMAP: 1) 1:02 — Sports Betting Trends in 2020 and Beyond 2) 9:06 — The WILD story that is EX-GIANTS DEANDRE BAKER’s Armed Robbery case being dropped and the victims’ attorney charged with extortion. May be looking at a defamation case. 3) 14:04 — Trouble in Paradise. Does BUCCANEERS ANTONIO BROWN’s new incident amount to criminal mischief; exploring the NFL’s CBA “credible evidence” standard 4) 22:59 — Our Respective Paths into Sports Law 5) 28:45 — Dan Wallach represents KNICKS OBI TOPPIN…’s Dad 6) 30:15 — Decriminalizing Marijuana in the NFL; the case of COWBOYS' RANDY GREGORY 7) 32:40 — Advice on Successfully Networking during a Pandemic 8) 38:44 — PED suspension of METS' ROBINSON CANO’s highlights gaps in the MLB CBA *** See you next week at Minnesota Law School! *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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11/19/2020 • 51 minutes, 20 seconds
Ep67: WE ARE LIVE!! Giants/Astros Sued, Big Ten Drama, and Zion Case Update
THE FIRST EVER LIVE EDITION. This episode comes from the Student Sports Law Network’s Symposium... naturally, our first ever episode in front of an audience, albeit a Zoom audience (but it still counts!) *** The ROADMAP: 1) 6:07 — Zion Williamson Case Upstate / Motion to Dismiss 2) 17:40 — Big Ten “Votes” Again... are we shocked that there’s controversy yet again? 3) 28:17 — Two New MLB Lawsuits… Former GM Jeff Luhnow sues the Houston Astros; [39:00] Former LF Mac Williamson sues the San Francisco Giants… both groundbreaking in their own way 4) 45:04 — Sports Betting Legalization! Where we stand after the election and the courts threatening to take it away after the fact 5) 52:08 — Houston Texans fire their PR Head for not being a “cultural fit… a political discrimination lawsuit looms. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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11/13/2020 • 59 minutes, 23 seconds
Ep66: The Election: Where will Sports Law feel the results most?
The biggest sports law arenas to watch in the wake of the election. We give you everything you need to know as we move into - and past - the chaos that is Election Day. *** The Rundown: 1) 4:11 — NCAA Name, Image, & Likeness Laws. College athlete compensation legislation had been receiving bipartisan support. However, with a heavily contested election, this is no longer as easy as it seems. Here’s what we know— and here’s what to watch for on the NCAA front. 2) 9:02 — Sports Betting Legislation. State elections will have a dramatic impact on the speed at which certain states legalize gambling. 2021 is primed to a big year in the industry. Dan “Sports Betting Guru” Wallach breaks it down. 3) 19:49 — Court-Packing & Sports Antitrust. The antitrust question has come up frequently in sports cases as of late (MilB, DirecTV, etc.). The winner of the election will have a say in the judiciary presiding over the issue and the potential to shape pro & college sports for decades. 4) 26:54 — New Tax Laws = New Team Owners. As Darren Rovell predicted on Episode #50, this period will bring about the “biggest turnover we’ve ever seen." The potential change in the tax leniency already pushed the Mets and Jazz to sell. Who is next? 5) 30:25 — Rovell v. Trump; Nebraska v. The Big Ten *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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11/2/2020 • 37 minutes, 43 seconds
Ep65: Mets Hostage Crisis, World Series & Antonio Brown Fallout, Judge's Death in Gambling Case
The Rundown: 1) 5:15 - The World Series is over but its not without a major controversy looming over MLB Commissioner Rob Manfred. Who's at fault: Justin Turner, the Dodgers, Manfred -- all of the above? 2) 14:06 - Steve Cohen purchased the New York Mets for $2.4B. Well...he thought he did-- however, NYC Mayor Bill de Blasio is trying to use an obscure provision in the Citi Field lease to void the sale to a "prohibited person." 3) 23:23 - What happens when a Judge passes away mid-case. Now, a Judge's death puts a crucial Wire Act decision In limbo with tremendous ramifications on the gambling industry. 4) 29:10 - Antonio Brown has re-united with Tom Brady in Tampa Bay. This despite the fact that his sexual assault case has not yet been resolved. Innocent until proven guilty, of course, but this could still turn out to be an ugly PR move. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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10/29/2020 • 39 minutes, 24 seconds
Ep64: Football & The Law: Gary Myers joins to talk Tom Brady, Trevor Lawrence, Nick Saban and Le’Veon Bell
Gary Myers, NFL Columnist & Hall of Fame Voter, joins the show with his 40+ years of football coverage to discuss issues past and present. The Rundown: 1) 6:21 - Welcome Gary Myers (check out his new podcast "The GOAT: Tom Brady") 2) 11:42 - New England & the "Deflategate" Lawsuit 3) 18:27 - Could Trevor Lawrence refuse to play for NY? 4) 29:03 - War Stories from covering the NFL 5) 37:00 - Jets' Le'Veon Bell Mishandling / Infliction of Emotional Distress 6) 41:21 - Inside the Mind of a Hall of Fame Voter *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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10/19/2020 • 57 minutes, 3 seconds
Ep63: SCOTUS and Baseball Law, Garrett Broshuis breaks down the MiLB lawsuit
Everything you need to know about baseball law and the ongoing class-action lawsuit brought by minor league players against Major League Baseball alleging a violation of minimum wage law. *** The Rundown: 1) 7:33 — Garrett Broshuis, lead attorney in the MiLB case, gives us his background in the minors and transition into the law 2) 11:42 — Procedural history and how the case came together 3) 18:01 — Role of Curt Flood 4) 25:33 — Impact of MLB cutting MiLB teams 5) 30:24 — “Save America's Pastime Act” and baseball’s lobbying efforts to avoid minimum wage laws. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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10/8/2020 • 40 minutes, 10 seconds
Ep62: The Bar Exam Nightmare, Tyrod Medical Malpractice, and Federal NIL Legislation
The Rundown: 1) 4:09 — Does LA Chargers' QB Tyrod Taylor have a medical malpractice claim after a team doctor “accidentally punctured” his lung? 2) 9:47 - New proposed bipartisan federal legislation to get athletes paid under Name Image and Likeness (“NIL”). Covering who’s behind it (hint: a former NFL WR) and how it fits into the complex NCAA landscape. 3) 14:57 - #Barpocalypse… like the Big Ten, the Bar Exam was cancelled then mysteriously uncanceled. Mike Lawson, @ConDetrimental's own Coordinator / Recent Syracuse Law Grad, fills us in on the chaos of preparing to take the Bar Exam during the pandemic. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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10/1/2020 • 38 minutes, 36 seconds
Ep61: Vanessa Bryant’s Lawsuit(s) & Notorious RBG
The Outline: 1) 2:52 — Vanessa Bryant & The Law: Her Wrongful Death Case, Proposed Helicopter Safety Legislation for Kobe/Gianna, and all that has transpired since the crash. 2) 29:39 — Vanessa has now sued the L.A. County Sheriff’s Department claiming deputies improperly took cell phone pictures of the crash site. We dive in. 3) 1:02:09 — The Supreme Legacy of Ruth Bader Ginsberg and the “RBG” Documentary *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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9/23/2020 • 1 hour, 11 minutes, 17 seconds
Ep59: College Football Attorney Tom Mars on Big Ten Football's Latest
We gave College Football Attorney Tom Mars the floor for his unfiltered thoughts on the Big Ten. He did not disappoint: “I can’t understand for the life of me— this is off the charts BAD lawyering…decision-making…public relations…governance.” "Big Ten Presidents have put themselves in checkmate." We covered: 1) Nebraska lawsuit, 2) Kevin Warren's job security, 3) the red flags in the Big Ten Vote, 4) changing the transfer portal because of a pandemic, and 5) the global measures he's spearheading to get answers from the Big Ten. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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9/4/2020 • 36 minutes, 3 seconds
Ep58: The NFL's Dan Snyder Intervention, Boycotts in Sports, and Big Ten Sued By Nebraska Players
The Rundown: 1. 3:03 - The fallout of boycotts (or “Wildcat Strikes”) across the sports landscape. 2. 13:15 - We debate the issues surrounding the cancellation of Big Ten fall football and the merits of the Nebraska players’ lawsuit against the conference 3. 43:18 - New allegations against Dan Snyder causes the NFL to take over the Washington investigation. *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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9/1/2020 • 1 hour, 6 minutes, 3 seconds
Ep57: Katie Strang on Milbury’s Departure, Ujiri’s Counterclaim, Next Test for Bob Kraft & Earl Thomas
The Dan’s go over the latest in the week that was in sports law with help from Katie Strang, NHL Writer for the Athletic. 1. 3:10 - Toronto Raptors GM Masai Ujiri discloses bombshell video and counterclaims in civil assault lawsuit 2. 18:33 - Baltimore Ravens Earl Thomas gets a crash course in "Conduct Detrimental" 3. 26:05 - New England Patriots Bob Kraft wins the appeal but the war wages on 4. 36:57 - Legal ramifications of NBC Sports’ Mike Milbury’s Comments 5. 41:06 - Katie Strang puts Mike Milbury's comments into perspective *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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8/24/2020 • 1 hour, 4 minutes, 36 seconds
Ep56: IG Model Ban, Un-Cancelled Football, DFS-v-IRS, MLB’s Next Owner
The Dan’s dissect the top sports law stories of the week and forecast the legal drama to follow. Here’s the episode outline: 1. 2:58 - Buckeye QB Justin Fields, parents, and lawyers try to revive College Football 2. 15:46 - What is a “wager”? - the legal issue at the center of Daily Fantasy Sports 3. 27:23 - NBA defines “Casual Relationships” are determines they're not bubbleworthy 4. 36:42 - MLB’s Owner Selection Process and NY Mets Strategy *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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College Football is on FIRE... and sadly, neither Mike Piazza nor Alexis Lafreniere can come in and save the day as their powers are limited, respectively, to the Beach and the Ice. Still, the Dan's try to make sense of the utter chaos across the Sports Law Arena. Here’s the roadmap: 1. 5:17-- Will college football be cancelled, will the NCAA even exist, and how do Trevor Lawrence's comments factor into the future of unionization? 2. 29:01-- MLB Service Time Manipulation, the Kris Bryant grievance, and how Marcus Stroman's opt out turned the tables 3. 36:35-- NFL Armed Robbery Charges continue for one (DeAndre Baker) but dropped for the other (Quinton Dunbar)... What? How?? Why??? 4. 50:04-- The Imminent Future of Sports Betting with Jeremy Kudon, Lawyer and Legislative Trailblazer *** Have a question or something you want us to cover next episode? Do you know Mike Piazza or Alexis Lafreniere and want to get them on the show???!!! Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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8/11/2020 • 1 hour, 9 minutes, 49 seconds
Ep54: The Rock’s XFL at Risk?, Manfred/AB Woes, PAC-12 Boycott
IF YAA SMELLLLLL... What the Dan’s... …Are Cookin’ All in all, a very busy week in Sports Law headlined by The Rock's purchase of the XFL at "Rock Bottom" value. Here’s the roadmap: 1. 2:55: Could The Rock quickly lose the XFL to bankruptcy creditors unless he agrees to sue Vince McMahon? 2. 12:48: Cardinals Outbreak and how Manfred bizarrely called his own bluff 3. 21:25: Negotiating MLB's rolling opt out policy (Cespedes) v. NFL’s hard opt out deadline set for August 6th 4. 29:15: Antonio Brown’s new legal trouble, "22-game" suspension, and likelihood of additional punishment 5. 34:40: PAC-12 athletes threaten to boycott over COVID-19 concerns unless demands are met *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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8/4/2020 • 40 minutes, 26 seconds
Ep53: Sports Betting Future, Woj/Barstool Issues, Get The Tables Buffalo!
We Asked & You Delivered. Another week of crowdsourcing Sports Law topics and we got some very good ones. Sadly, Lou Williams did not make the cut... but at least he got his LOUWILL LEMON PEPPER BBQ WINGS!! Here’s the roadmap and who recommended: 1. 3:09 - Contrasting Lawyer Strategies: Baker/Dunbar v. Oliver (Dylan Harriger) 2. 15:44 - Buffalo Blue Jays… get the tables!! (Jordan Goldstein) 3. 20:02 - Jamal Adams v. Conduct Detrimental (Mike Lawson) 4. 28:38 - Jets' Woody Johnson Allegations 5. 39:06 - Freedom of Speech? Woj & ESPN / Portnoy & Barstool (Megha Patel) 6. 47:15 - Massachusetts & Future of Sports Betting (Lucas Stroud / Tarun Sharma) *** Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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7/28/2020 • 1 hour, 11 minutes, 28 seconds
Ep52: NFL Labor Unrest, MVP Opt Out, Dan Snyder Comedy Tour
The Dans asked social media for topics and YOU came through. They go across the sports landscape to analyze five listener suggestions: 1. @2:00 - Redskins New Scandal (from literally everyone) 2. @17:15 - NFL Player Safety Tweets (Dr. Tina Butera & @Oliveraslegal) 3. @27:25 - PSL's if they are no fans (Tarun Sharma) 4. @35:55 - WNBA MVP Elena Delle Donne opt out debate (Jack Petrides & Johnny Carver) 5. @45:52 - ARod's Legal / Ethical conflict buying the Mets (Anthony Studnicka) Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter: Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) The Show (@ConDetrimental)
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7/20/2020 • 56 minutes, 2 seconds
Ep51: Darren Heitner on Redskins Trademark & Pat Leonard on NFL Armed Robbery Plot Twist
The Dans tackle two MEGA stories with the aid of two MEGA guests. First, Sports Law Attorney Darren Heitner joins the show (at 4:45) to explain Washington’s trademark debacle and how squatters have emerged to block their path to a replacement name. And then the Dans pepper Pat Leonard of the New York Daily News with questions (at 36:50) as to what steps he took to crack the DeAndre Baker / Quinton Dunbar case open and how this now impacts the prosecution’s burden of proof.
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7/14/2020 • 1 hour, 17 minutes, 7 seconds
Ep50: Darren Rovell, Sports Biz Godfather, on Breaking into Sports
The Dans are joined by THE Darren Rovell, a very special guest for Episode #50. The pod's theme is finding your footing to break into the sports industry. The Dans tell their diverging paths and kick it off to Darren for his own humble beginnings at 11:47. We also covered Under Armour's legal drama, Redskins & sports cancel culture, and Covid expediting the sale of certain pro teams.
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7/8/2020 • 57 minutes, 37 seconds
Manfred's New Comments & the MLBPA Grievance
The Dans break down the legal significance of MLB Commissioner Rob Manfred's recent comments the Dan Patrick Show, particularly when he said "the reality of the situation is we weren't going to play more than 60 games no matter how the negotiations with the players went." Surely, these comments are ill-advised when he's staring down a bad faith grievance suggesting that he intentionally delayed negotiations. The Dans debate the union's case and discuss the underlying anatomy of the ~$1B grievance.
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7/2/2020 • 44 minutes, 34 seconds
Ep49: MLB's Legal Questions with The Athletic's Evan Drellich, UA v. UCLA, Patriots Punished (again)
Is baseball really back? The Athletic's MLB Analyst Evan Dreillich drops in to give us the scoop on: nuclear grievances, anatomy of opt outs, what happens if an Orlando Pride outbreak occurs and, lastly, what’s in the letter Manfred sent to the Yankees about sign-stealing that's the subject of ongoing litigation. The big story in college is Under Armour who signed on with UCLA for the largest contract in college sports history and now wants to break it. We’ll explain and also cover the punishment handed out to the New England Patriots for yet another videotaping scandal. Fair or unfair - you be the judge! Make sure to SUBSCRIBE and FOLLOW us on social @ConDetrimental as well as @WallachLegal & @SportsLawLust for breaking news on Instagram & Twitter.
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6/29/2020 • 58 minutes, 27 seconds
Ep48: Zion’s STAY order, Trump-v-Fauci, Covid Spike & New Liability, Long Gone Summer
The Dans are back for the 2nd episode of the Wallach-Lust era. 2:36 - We kick the conversation off in North Carolina, the focus of all eyes in the Zion case after the Florida action was stayed (which Wallach predicted back on Ep. #46). 12:20 - Then we move to the new legal and ethical issues facing sports after Friday’s Covid spike that touched the entire sports landscape. 33:29 - And lastly, is a pandemic champion viewed the same way we view steroid records (ahem Long Gone Summer)… with an asterisk? Make sure to SUBSCRIBE and FOLLOW us on social @ConDetrimanl as well as @WallachLegal & @SportsLawLust for breaking news on Instagram & Twitter.
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6/23/2020 • 43 minutes, 7 seconds
Ep47: Kobe Bryant Wrongful Death Lawsuit
Conduct Detrimental officially welcomes Dan Lust as new co-host. The Two Dans kick things off with their analysis of the Kobe Bryant wrongful death lawsuit, the legal issues surrounding the Ohio State “Buckeye Pledge” regarding Covid-19, and a possible return to action of the NBA and Major League Baseball. Will there be a grievance filed by the MLBPA? The final segment of the show features an update on the Zion Williamson vs. Gina Ford litigation, with analysis from both Dan Wallach and Dan Lust.
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6/17/2020 • 1 hour, 2 minutes, 26 seconds
Ep46: Zion Williamson Court Ruling
A Miami judge has denied Zion Williamson’s request to delay discovery into Gina Ford’s allegations that he received improper economic benefits to attend Duke. As a result, Williamson must now answer these questions under oath within the next 2 weeks. That is, unless Williamson’s attorneys file an immediate appeal, which is expected. Sports law expert Dan Lust joins me to break down the court ruling and discuss the likely next steps, including a possible appeal and whether it will be successful.
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6/2/2020 • 37 minutes, 15 seconds
Ep45: The Two Dans - Part II
Sports law attorney Dan Lust joins Daniel Wallach to discuss the latest legal controversies in the world of sports. Highlights include a discussion of the criminal cases brought against NFL players DeAndre Baker, Quinton Dunbar, and Ed Oliver, and how they intersect with the possibility of NFL discipline under the CBA’s “credible evidence” standard. Plus, a preview of the Zion Williamson discovery battle over the relevance of the “pay-to-play” allegations concerning his time at Duke, and, finally, a possible return of professional sports amid the Covid-19 pandemic and the legal issues which may arise.
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6/1/2020 • 1 hour, 7 minutes, 39 seconds
Ep44: What’s next for Zion Williamson and Duke?
Did Zion Williamson receive improper payments or other economic benefits to attend Duke? His former marketing agent has injected this bombshell into their long-running legal battle. She recently filed court documents that ask Williamson to admit that he and/or members of his family received illegal benefits from Nike, Adidas, and possibly others to attend Duke. If true, this could have far-reaching repercussions. Daniel is joined by Warren Zola and Darren Heitner to discuss this latest development.
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5/11/2020 • 59 minutes, 39 seconds
Ep43: Ben Meiselas vs. The NFLPA
Will there be litigation to invalidate the NFL’s new collective bargaining agreement? It sure looks that way. In an exclusive interview with Conduct Detrimental, attorney Ben Meiselas lays down the gauntlet to the NFLPA in a riveting, no-holds-barred interview. He discusses his imminent legal challenge to the CBA on behalf of a group of disabled former NFL players, and the next legal steps that he will take to restore the vested disability benefits for hundreds of disenfranchised former players.
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4/29/2020 • 49 minutes, 27 seconds
Ep42: Lorenzo Alexander on the NFL CBA
NFLPA Executive Committee member Lorenzo Alexander joins Conduct Detrimental to discuss the NFL’s new collective bargaining agreement. In this episode, Lorenzo explains his reasons for voting against the CBA and why the proposed deal was sent to the full membership for a vote even though it had been rejected by the Executive Committee. He also addresses the controversial decision to reduce disability benefits for former hundreds of former NFL players. He calls this decision a “mistake” by both the NFL and NFLPA, and outlines his plans for restoring the benefits to those affected.
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4/28/2020 • 39 minutes, 41 seconds
Ep41: The Forgotten 400
The NFL’s new collective bargaining agreement has been criticized as not providing the players with nearly enough economic gains to justify acquiescing to a 17th game. But the most controversial aspect of the new CBA is its treatment of the most vulnerable group of players: the roughly 900 or so former players who are receiving “total and permanent” disability benefits under the NFL’s disability plan. In this episode, Dan takes a closer look at how the new CBA could leave hundreds of former players out in the cold by removing them from the NFL’s disability plan or significantly reducing their benefits.
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4/27/2020 • 41 minutes, 32 seconds
Ep40: The Tao of Alan Milstein
Sports litigator and bioethics expert Alan Milstein joins Dan to discuss the legal and ethical questions surrounding the possible return of professional sports during a pandemic. Alan also offers insights into what Knicks fans can expect from new team president Leon Rose, his former law partner. Finally, Alan and Dan reminisce about the great Baltimore vs. New York sports rivalries of the late 1960’s and early 1970’s, and which city gets to rightfully claim Earl “The “Pearl” Monroe as their own.
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4/20/2020 • 49 minutes, 31 seconds
EMERGENCY POD: Zion Williamson Named in New Lawsuit Over Exclusive Marketing Rights
Dan breaks down the latest lawsuit over Zion Williamson’s exclusive marketing rights, which are now the subject of three separate legal proceedings. This latest lawsuit, filed today in Miami, alleges that Williamson’s former marketing agents (who are suing Williamson in a separate action) promised to pay the plaintiff 5% of the compensation that they received on Williamson’s marketing deals. On this emergency podcast, Dan points out a possible fatal flaw in the new lawsuit: an admission that the agents met with Zion’s parents while he still had eligibility remaining, which could be a violation of the Uniform Athlete Agent’s Act.
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4/17/2020 • 11 minutes, 39 seconds
Ep39: Andrew Brandt on the NFL CBA
Sports Illustrated columnist Andrew Brandt joins Dan to discuss the new NFL collective bargaining agreement and the missed opportunity for the players. How bad of a deal is it for the players? Tune in to find out.
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4/14/2020 • 47 minutes, 57 seconds
Ep38: Russell Okung vs. The NFLPA
An in-depth look at Russell Okung’s NLRB complaint against DeMaurice Smith and the NFLPA alleging that the recent CBA vote violated the NFLPA Constitution. Will this lead to an invalidation of the CBA? Robert Borland, a legal advisor to Okung, joins Conduct Detrimental to discuss the case with host Daniel Wallach.
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4/13/2020 • 46 minutes, 47 seconds
Ep37: New York Fantasy Sports Lawsuit
The future of daily fantasy sports in New York will be decided by the courts. New York appellate guru Rob Rosborough joins Conduct Detrimental to break down the latest court ruling in the case, what it means for the industry, and the next steps in this long-running legal battle.
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4/11/2020 • 1 hour, 5 minutes, 6 seconds
Ep36: Jock Tax Lawsuit with Robert Raiola
NEW: The “Conduct Detrimental” #sportslaw podcast is officially back. Today’s featured guest: The @SportsTaxMan himself, Robert Raiola, breaking down the latest #JockTax lawsuit and #MLB free agency. Check it out on iTunes & subscribe!
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12/5/2019 • 51 minutes, 1 second
Ep35: College Sports on Trial with Andy Schwarz
Conduct Detrimental is back! We are joined by sports economist Andy Schwarz who has been sitting in on the ten day "Alston" college sports trial, which just wrapped up. This could be the lawsuit that changes the NCAA model. Give Andy a follow on twitter @Andyhre.
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10/1/2018 • 45 minutes, 16 seconds
Ep34: NCAA Bribery Scandal and Elliott Lawsuit Update
Sports Lawyers Daniel Werly (@WerlySportsLaw) and Daniel Wallach (@WALLACHLEGAL) discuss the biggest stories in sports law this week including the FBI investigation and indictments of NCAA coaches and shoe company executives as well as give a preview of the upcoming Ezekiel Elliot oral argument.
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9/29/2017 • 40 minutes, 9 seconds
Ep33: The Latest on the Ezekiel Elliott Lawsuit
Sports lawyers Daniel Werly (@WerlySportsLaw) and Daniel Wallach (@WALLACHLEGAL) break down the latest developments in Ezekiel Elliott's case including the NFL's chances on appeal, the status of Elliott playing this week and the rest of this season and much more.
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9/14/2017 • 43 minutes, 59 seconds
Ep32: Ezekiel Elliott TRO Chances and Next Steps
Sports Lawyers Daniel Werly (@WerlySportsLaw) and Daniel Wallach (@WALLACHLEGAL) break down Ezekiel Elliott's chances of winning an Temporary Restraining Order from a Texas federal judge today. What happens if he wins? If he loses? We break down all the scenarios.
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9/8/2017 • 40 minutes, 32 seconds
Ep31: Ezekiel Elliott's Impending Suspension And How To Appeal A NFL Suspension
Sports lawyers Dan Werly (@WerlySportsLaw) and Dan Wallach (@WALLACHLEGAL) examine what to expect when the NFL finally concludes its investigation into Cowboys RB Ezekiel Elliott. They also explain Elliott's appeal options both at the NFL level and in Federal Court.
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7/29/2017 • 38 minutes, 44 seconds
Ep30: Marlins Sale, USA Gymnastics fallout, St. Louis relocation lawsuit update
Sports lawyers Dan Werly (@werlysportslaw) and Dan Wallach (@wallachlegal) discuss the Miami Marlins impending sale and lawsuits against fans, the latest developments regarding ex-USA Gymnastics Dr. Larry Nassar, new developments in the daily fantasy sports class action lawsuits, and an update on St. Louis's lawsuit against the NFL and Rams.
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7/12/2017 • 41 minutes, 9 seconds
Ep29: Sports Betting to the Supreme Court
In a breaking sports law news pod, Daniel Werly (@WerlySportsLaw) and Daniel Wallach (@WALLACHLEGAL) discuss this morning's news that the U.S. Supreme Court will hear New Jersey's lawsuit seeking to legalize sports betting. We discuss what the ruling means and what to expect next.
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Dan Werly (@werlysportslaw) and Daniel Wallach (@WallachLegal) tackle the top sports law stories of the week including O.J. Simpson's shot at parole later this year, a roadblock in DraftKing's and FanDuel's merger, the Slants SCOTUS opinion that will impact the Redskins name, and a preview of the Supreme Court's big decision in the New Jersey sports betting lawsuit. Thanks for tuning in.
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6/23/2017 • 41 minutes, 23 seconds
Ep27: NFL Draft Legal issues dissected | Sports Law Experts Deep Dive
Sports lawyers Dan Werly (@WerlySportsLaw) and Dan Wallach (@WALLACHLEGAL) discuss how legal issues will impact the draft slot of many high profile players. Their "Red Flag Big Board" includes discussion about Joe Mixon, Caleb Brantley, Jourdan Lewis, Gareon Conley, Jabrill Peppers, Dalvin Cook, Rueben Foster, and Tim Williams. Subscribe to the Conduct Detrimental Podcast on iTunes.
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4/27/2017 • 1 hour, 8 minutes, 26 seconds
Ep26: Hernandez Not Guilty, Eli Manning Emails, St. Louis Sues the NFL
Hosts Dan Werly (@WerlySportsLaw) and Dan Wallach (@WALLACHLEGAL) discuss a crazy week a sports law including Ex-Patriot/Gator TE Aaron Hernandez's not guilty verdict in his double murder trial, the impact of the leaked Eli Manning emails, and whether St. Louis' new lawsuit against the NFL will make a lasting impact. Subscribe to the Conduct Detrimental Podcast on iTunes.
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4/17/2017 • 44 minutes, 27 seconds
Ep25: Is Your NCAA Bracket Office Pool Illegal?
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3/15/2017 • 47 minutes, 45 seconds
Ep24: Sports Ticketing with Justin Fielkow
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3/7/2017 • 43 minutes, 2 seconds
Ep23: Darrelle Revis Preliminary Hearing Preview
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2/20/2017 • 45 minutes, 32 seconds
Ep22: ESPNs Darren Rovell on Sports Business Northwestern and much more
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2/17/2017 • 53 minutes, 21 seconds
Ep21: Charles Oakley vs. James Dolan with Peter Vecsey
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2/13/2017 • 1 hour, 2 minutes, 1 second
Ep20: Sexual Assault at Baylor with Jessica Luther
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2/1/2017 • 47 minutes, 15 seconds
Ep19: MLB Penalizes Cardinals for Hacking
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1/31/2017 • 26 minutes, 18 seconds
Ep18: The Super Bowl of Deflategate with Ben Volin
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1/25/2017 • 54 minutes, 14 seconds
Ep17: 2017 Sports Law Preview with Dr. Thomas Baker
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1/22/2017 • 1 hour, 49 minutes, 2 seconds
Ep16: SCOTUS to Take Sports Betting Case
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1/17/2017 • 25 minutes, 57 seconds
Ep15: The Mike Trout Law and MLB Legal Issues with Nathaniel Grow
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1/10/2017 • 1 hour, 6 minutes, 45 seconds
Ep14: The World of Sports Law with Gabe Feldman
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1/4/2017 • 1 hour, 23 minutes, 36 seconds
Ep13: Top 10 Sports Law Stories of 2016 wit Ian Gunn
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1/3/2017 • 2 hours, 14 seconds
Ep12: Concussion Litigation with Paul Anderson
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12/31/2016 • 1 hour, 10 minutes, 46 seconds
Ep11: Amateurism vs. Commercialism in the NCAA with Warren Zola
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12/29/2016 • 1 hour, 8 minutes, 32 seconds
Ep10: December Sports Law Roundup
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12/23/2016 • 1 hour, 22 minutes, 41 seconds
Ep9: Deflategate with Bob McGovern
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12/17/2016 • 1 hour, 45 minutes, 4 seconds
Ep8: NBA Collective Bargaining Agreement
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12/1/2016 • 1 hour, 16 minutes, 53 seconds
Ep7: November Sports Law Roundup
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11/28/2016 • 1 hour, 45 minutes, 4 seconds
Ep6: Ezekiel Elliot Investigation (Part 2) and Trumps Impact on Sports Law
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11/13/2016 • 51 minutes, 38 seconds
Ep5: Ezekiel Elliot Investigation (Part 1) with AJ Perez
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11/10/2016 • 36 minutes, 14 seconds
Ep4: NJ Sports Betting Goes Nuclear
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11/1/2016 • 18 minutes, 37 seconds
Ep3: Inside the Derrick Rose Courtroom with Julia Marsh
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10/31/2016 • 1 hour, 5 minutes, 55 seconds
Ep2: Josh Brown with Diana Moskovitz
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10/27/2016 • 59 minutes, 10 seconds
Ep1: Derrick Rose Trial
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