Archive for ◊ February, 2010 ◊

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• Monday, February 15th, 2010

I look forward to delivering the keynote address and serving as the new media panelist at a symposium hosted by the Cardozo Arts and Entertainment Law Journal on Thursday, March 4. The symposium is titled “The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses”. New York CLE credit is available for those who attend. Here are some more details:

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• Saturday, February 13th, 2010


B.J. Upton and the Tampa Bay Rays conducted the second hearing of this year’s salary arbitration season yesterday. The case was heard by a veteran panel of Elizabeth Neumeier, Elliott Shriftman and Gil Vernon. The decision is due today. Tampa Bay’s “file-and-go” philosophy forced the hearing once the two sides arrived at the filing deadline. Upton requested $3,300,000. The Rays countered with $3,000,000. That produced a midpoint of $3,150,000. The “file-and-go” system helped produce the short gap between the two parties. Either way, the Rays have only $300,000 at stake if they lose, something that they have never experienced in their four previous hearings including a win last year over Dioner Navarro. Will the Upton case produce the Rays’ first loss? Upton’s 2009 season was a disappointment when compared with 2007 and 2008. He had three-year lows in runs scored, batting average, on-base percentage, and slugging percentage. He has only a total of 20 home runs in those two years compared to his 24 in 2007.

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• Saturday, February 13th, 2010

Numerous news outlets are reporting that the NFL has given commissioner Roger Goodell a five-year extension. This extends his contract through March 1, 2015. The Commissioner is finishing his fourth year in office. This is an interesting development with the current labor situation in the NFL.

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• Friday, February 12th, 2010

One of the great challenges with trying to have correct information about over 3,200 players who have filed for salary arbitration during the history of the process is tracking down the correct information for every single player. Plus, you want to check and recheck to debug your data set. After listing that the Brewers had four cases in their history instead of three, I sent emails to both Adam McCalvy of MLB.com and Tom Haudricourt of the Milwaukee Journal Sentinel. They rightfully asked me for my source information about Tim Johnson. Well, that started me on a check of my data that produced the following story –

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• Thursday, February 11th, 2010

Just a reminder that the Depaul Sports Law Symposium, “Sports and the Great Recession,” is scheduled to kick off on Friday at 9 am. Although “Snowmageddon” may prevent some panelists from getting to Chicago in time, it should still be a great event. To register (free for Depaul law students, $20 for other law school students, and $60 for general attendees) visit this site. Illinois CLE credit has been requested. more…

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• Thursday, February 11th, 2010

It appears that the first salary arbitration hearing of the year will take place tomorrow between Corey Hart and the Milwaukee Brewers. Tom Haudricourt of the Milwaukee Journal Sentinel and Adam McCalvy, the Brewers MLB.com contributing writer, have both been covering the Hart negotiations. Both writers reported that chief negotiator Teddy Werner imposed a January 29 deadline on Harts agent Jeff Berry of Creative Artists Agency (CAA). The deadline passed without a settlement, so both sides have headed to Florida for the hearing. Werner and Assistant General Manager Gord Ash worked on the negotiations with Berry. Although they will both attend the hearing, the case will be presented by the New York law firm that they hired. Without a settlement, this will be the Brewers first hearing in twelve years.

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• Wednesday, February 10th, 2010

Pete Thamel of the New York Times writes this morning about a federal judge denying the NCAA’s motion for dismissal in O’Bannon v. NCAA, a lawsuit which concerns whether former NCAA student-athletes should receive compensation for the NCAA’s use of their images and likenesses. The ruling means that the NCAA’s licensing contracts, and many other types of documents, will be subject to discovery.

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• Tuesday, February 09th, 2010

We dont get many snow days down here in New Orleans. We get Mardi Gras days (and hurricane evacuations). For the first time, though, Tulane is having a Who Dat day. Heres the official email from Scott Cowen, Tulanes President:

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• Thursday, February 04th, 2010


With March just weeks away, attention will quickly move from the Superbowl to the NCAA basketball tournament.

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• Thursday, February 04th, 2010

A few quick links as Super Bowl Sunday approaches.

First, the NFL sends cease and desist letters to local vendors in New Orleans who are selling who dat merchandise.

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