Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

NIL Hour: NIL Brand Marketing; NWU Lawsuits; Federal NIL Bill Jul 22, 2023

Show notes

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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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.

Hosts: Dan Wallach (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@WallachLegal⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) | Dan Lust (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@SportsLawLust⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠)

Producers: Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠)

ESPN's Don Van Natta on Dan Snyder's Final Chapter in Washington Jul 20, 2023

Show notes

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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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.

Hosts: Dan Lust (⁠⁠@SportsLawLust⁠⁠) | Dan Wallach (@WALLACHLEGAL)

Producer: Justin Mader (⁠⁠@MaderLaw⁠⁠)

Gruden Email Leak Suspects, Northwestern Termination Debacle & Mandatory Jets Hard Knocks Jul 19, 2023

Show notes

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.

Use promo code "Conlan" to get $20 free when you sign up and deposit.

NIL Hour: Cincinnati's Move to the Big 12 & Pat Fitzgerald fired from Northwestern Jul 12, 2023

Show notes

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. *** 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. Hosts: Dan Wallach (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@WallachLegal⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) | Dan Lust (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@SportsLawLust⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) Producers: Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@MikesonofLaw⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Twitter⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Instagram⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠TikTok⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ YouTube⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Website⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Email

Northwestern Hazing, ChiefsAholic, Wembanyama v. Britney, & Huggins Un-Resigns Jul 11, 2023

Show notes

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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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.

Hosts: Dan Lust (⁠@SportsLawLust⁠) | Justin Mader (⁠@MaderLaw⁠) | Matt Tympanick (⁠@TympanickLaw⁠)

Producer: Justin Mader (⁠@MaderLaw⁠)

NIL Hour: EA v. Brandr; SDSU & The MWC; NYS NIL Bill Signed Jul 07, 2023

Show notes

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.

***

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.

Hosts: Dan Wallach (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@WallachLegal⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) | Dan Lust (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@SportsLawLust⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠)

Producers: Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠⁠⁠⁠⁠⁠⁠⁠)

Everything to Know About the NCAA NIL Memo Jun 27, 2023

Show notes

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."

***

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.

Hosts: Dan Wallach (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@WallachLegal⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠) | Dan Lust (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@SportsLawLust⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠)

Producers: Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠⁠⁠⁠⁠⁠⁠)

NIL Hour: Johnson v. NCAA; Brandr v. EA Sports Jun 22, 2023

Show notes

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.

***

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.

Hosts: Dan Wallach (⁠⁠⁠⁠⁠⁠⁠⁠⁠@WallachLegal⁠⁠⁠⁠⁠⁠⁠⁠⁠) | Dan Lust (⁠⁠⁠⁠⁠⁠⁠⁠⁠@SportsLawLust⁠⁠⁠⁠⁠⁠⁠⁠⁠)

Producers: Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠⁠⁠⁠⁠⁠)

Conor McGregor x2, Ja Gets 25, AB's Team Deleted, Huggins DUI, ChatGPT Hearing, & Sports Workshop #1 Jun 20, 2023

Show notes

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).

Each week the show is brought to you by Bettor Edge, the pioneer in social betting.

Use promo code "Conlan" for $20 free when you sign up and deposit $20 or more.

This Thursday Conduct Detrimental will be hosting another MLB competition on Bettor Edge. Be on the lookout Wednesday for the competition link on our social media outlets.

Oakland A's Relocation & MLB Antitrust Exemption Challenge w/ Jim Quinn Jun 20, 2023

Show notes

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.

***

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.

Hosts: Dan Wallach (⁠⁠⁠⁠⁠⁠⁠⁠@WallachLegal⁠⁠⁠⁠⁠⁠⁠⁠) | Justin Mader (⁠@MaderLaw⁠)

Producers: Justin Mader (⁠@MaderLaw⁠)

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