Blog – Sports Law Scoreboard

http://sportslaw.foxrothschild.com/

Jeff is a dedicated sports fan and practicing attorney who highlights current news in sports and discusses the associated legal implications in the firm's Sports Law Scoreboard blog.

Recent Blog Posts

  • Defining Rights in Blended Families Every once in awhile, we see something that smacks of a hypothetical. Russell Wilson and his singer wife Ciara have announced that they are expecting (which is wonderful). She has a child by a former relationship with rapper Future. He has no children. They have said that they want to have a brood. Defining rights could be a challenge. Russell plays football for Seattle and they live there. Theoretically, the child of the former relationship has no rights to his estate unless... More
  • Assigning Risks: What Are the Duties of an Insurance Broker? Copyright: fuzzbones / 123RF Stock Photo It is well known that sports teams, leagues and players often have insurance to cover risks. In the past, I represented an insurer regarding coverage or non-coverage for a sports league strike. An ancillary question is the duty or not of an insurance broker. A few inside baseball concepts here. First, an insurance agent is most often construed to be the agent of the insurer and is often an employee of the insurer. A broker is... More
  • Full Disclosure: Why It’s Important To Tell Your Lawyer Everything Copyright: / 123RF Stock Photo Derrick Rose’s defense team is seeking a mistrial in his much-publicized case due to new evidence – namely text messages that were allegedly undisclosed prior to trial. When I meet with clients I tell them, “Tell me everything; we will deal with it.” Despite this, there are times where six months into the lawsuit, the client says, “Can I level with you?” I thought we had been doing this all along. Worse yet is when the lawyer... More
  • Boise State Protects Its Home Turf (Trademark, That Is) The Boise State Broncos famously have a blue artificial turf football field at Albertsons Stadium. In yesterday’s New York Times Sports section, the ramifications of their claim to trademark protection related to that feature were well explored. Copyright: silvia / 123RF Stock Photo One of their administrators patrols violation of their registration. Believe it or not, Boise State claims empire over non-green fields (!) which raises some interesting questions, since they are not using any color other than blue. The courts have held that color... More
  • Are Stadiums Covered for Shooting Events? One of my law school professors was well-versed in insurance law. He told me that he had any number of prominent non-coverage lawyers come to hire him as a consultant on discreet insurance questions. Invariably he would ask them upfront….”Have you read the policy?”  A surprising number answered that they had not, quickly got off the phone and oftentimes did not need to call back. The 1977 movie “Black Sunday” portrayed an attempted terrorist attack at a stadium on Super Bowl Sunday.... More
  • The Olympics and Tax Law Copyright: yupiramos / 123RF Stock Photo When I took Federal Income Tax in law school, the professor got up in front of the class and for his opening line started out by saying, “The Federal Income Tax Code is a Social Policy Document.” And indeed it is. Taxpayers receive breaks for a variety of reasons, from owning a house and paying for child care to raising race horses. How about Olympic medals? I bet you didn’t know that they are taxed. That’s right.... More
  • Is There a Duty to Warn Athletes About Zika Before They Go to Rio? I once tried a police brutality case where the Highway Patrol (aka CHIPs) stopped a woman who had five children, not her own, in the car. We obtained her medical records and found out that she had suicidal ideation right before she got in the car with the kids. There went the plaintiff’s case. Half the jury thought that the cops had not hurt her, and the other half felt that SHE had a duty to warn the parents of... More
  • Cordell Parvin on Padraig Harrington and Lessons for Professionals: “Pick Yourself Up and Try Again” I had breakfast today with my friend and mentor Cordell Parvin. His blog is always a good read but today’s post, focusing on professional golfer Padraig Harrington, is a must-read for fellow lawyers, business professionals and sports fans.... More
  • What Is a Fair Sentence for Hacking a Baseball Team? A district court judge in Texas sentenced a former St. Louis Cardinals scouting director to 46 months in jail for hacking into the Houston Astros computers. Wow. Yes, it is a crime and there were five counts against him, each of which could carry a 5-year sentence. The defendant did plead guilty and this was a plea bargain. Copyright: leonardo255 / 123RF Stock Photo Contrast that with former L.A. County Sheriff Lee Baca, who was charged with overseeing brutality in the L.A. County... More
  • Tony Gwynn and Tobacco: Is It Negligence If You Voluntarily Partake? Copyright: 22north / 123RF Stock Photo Tony Gwynn has been one of the great players in baseball during my lifetime. He also was a lifelong user of smokeless tobacco. He is also dead. Now his family is suing the tobacco industry, alleging negligence and product liability. What makes this different from other tobacco cases is that Tony G was given the product as a free sample made available to athletes when he was in college. Go back to old footage of games and you will... More