Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

Zion Williamson's Baby Mama Allegations, Baby Gronk & Parental Control, Nuggets Title Jun 14, 2023

Show notes

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.

NIL Hour: Amanda Christovich Joins; D1 SAAC Letter to Congress; IRS Memo on Collectives; Baby Gronk Jun 14, 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. 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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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: CA Revenue Sharing Bill; Collectives Lobbying Congress; NIL Summit; NCAA's NLI and IAWP Rules; BYU Built Bar Misunderstanding Jun 08, 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 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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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)

Surprise PGA-LIV Merger & Lawsuit Settlement, Ja Morant “Massive” (Toy Gun?) Suspension, Colts’ Inside Info Betting Claim Jun 06, 2023

Show notes

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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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.

Host: Dan Lust (⁠⁠⁠⁠⁠⁠@SportsLawLust⁠⁠⁠⁠⁠⁠)

Producer: Justin Mader (@MaderLaw)

The Man, The Myth, The McCaulay; Brian Davis ends $7B Commanders BofA Lawsuit; & FL's Sports Betting Liability Jun 01, 2023

Show notes

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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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) and Dan Wallach (@WALLACHLEGAL)

Producer: Zach Bryson (⁠⁠@ZacharySBryson⁠⁠)

ChatGPT Lawyer Exposed, NBA Ref Burner Investigation, & Sports Trademarks (MIA Heat & WAS Commanders) May 31, 2023

Show notes

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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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)

Producer: Zach Bryson (⁠@ZacharySBryson⁠)

NIL Hour: New York, Texas, and Federal NIL Bills; NLRB v. NCAA May 25, 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) 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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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)

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 May 23, 2023

Show notes

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.

This episode is brought to you by @BettorEdge. The pioneer of social betting. Use our promo code "Conlan" for $20 free when you sign up. This week join the competition and compete against Dan and Conlan in a battle royale Pick Em' contest. Entry fee is just $5. Winner take all. Join here https://app.bettoredge.com/competition/play/891

Brian Davis v. Bank of America & Coyotes Failed Stadium Referendum w/ ESPN's Greg Wyshynski May 22, 2023

Show notes

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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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)

Producer: Justin Mader (@MaderLaw)

The Demise of PASPA 5 Years Later: Reflections on the Historic Sports Betting Lawsuit May 17, 2023

Show notes

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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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)

Producer: Zach Bryson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@ZacharySBryson)

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