Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

Ja Morant Gun Video, Pat McAfee Settles, Tiger Woods Hearing, & Commanders $6B Record Sale May 15, 2023

Show notes

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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Sports Prosecution: Jackson Mahomes, Alvin Kamara, Matt Araiza, Jalen Carter, & Henry Ruggs May 13, 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 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).

Presented by @BettorEdge, the hub for social betting.

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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)

Producers: Zach Bryson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@ZacharySBryson)

Sunday Conversation: Sports Law Banter, Best Bets, and Sports Job Updates May 08, 2023

Show notes

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.

Presented by @BettorEdge, the hub for social betting.

Use promo code "Conlan" and get $20 when you sign up on Bettor Edge!

NIL Hour: Atlas Sports; Alabama Baseball Betting; Deion Sanders Boulders over Colorado Program May 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 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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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)

NFL Gambling Punishments, Draft Smokescreen Liability, Schumacher Sham AI Interview, & Favre Update Apr 26, 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 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.

***

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)

Producer: Justin Mader (@MaderLaw)

Snyder Sale/Indemnification, Morant Countersuit, NBA's New CBA, & Sandoval Analysis Apr 19, 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) 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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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: Chuba Hubbard v. NCAA Lawsuit w/ Adam Dale, Mega Booster Walks Away from NIL Landscape Apr 13, 2023

Show notes

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. *** 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) ⁠⁠⁠⁠⁠Twitter⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠Instagram⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠TikTok⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠ YouTube⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠Website⁠⁠⁠⁠⁠ | ⁠⁠⁠⁠⁠Email

Pat McAfee Removal/Dismissal and Terry McDonough v. Arizona Cardinals Apr 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) 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."

***

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: NCAA Congressional Testimony w/ Witness Jason Stahl; Caitlin Clark - Angel Reese Debate; AI v. NIL; Potential TikTok Ban Apr 05, 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 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.

***

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)

New York Gaming Landscape with Parkside Group Founding Partner Evan Stavisky Apr 04, 2023

Show notes

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.

***

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) | Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠⁠)

Producers: Mike Lawson (⁠⁠⁠⁠⁠⁠⁠⁠@Mike_sonof_Law⁠⁠)

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