Conduct Detrimental: THE Sports Law Podcast

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College Sports Law: Federal NIL Looms, Collective Future, New Athlete Transfer Regs, and Gamecocks' "Claw & Order" Dispute Sep 30, 2022

Show notes

Welcome back to the intersection of Sports and the Law!

There is potential news on the horizon for the NIL space and college sports. Dan Greene (@DanGreene15) and Brendan Bell (@_bbell5) join to help break down the latest. There are currently two competing federal NIL bill that have been proposed. (3:13) One bill covers an all-encompassing student-athlete health and safety beyond NIL. The other bill is more NIL focused and is NCAA friendly providing antitrust protections for the NCAA. There have been a number of NIL federal bills proposed but none have gained any traction. Currently NIL is still in a state of "wild, wild west" and certain states have their own NIL laws. There is still a need for regulating collectives which has been addressed in the IRS code recently.

The NCAA has passed rules regarding the transfer window. (15:45) The NCAA will limit, depending on your sport, a time window when student-athletes will be able to transfer. The transfer rules coupled with the lawless NIL era has created a "free agency" dynamic in college sports that last year.

T.A. Cunningham has been deemed eligible by California Interscholastic Federation Southern Section. (23:55) T.A. is a top high school football prospect who moved from Georgia to California and was initially ruled ineligible by CA. Georgia does not permit NIL for college athletes, but CA does. Because there are some states that do not permit NIL for high school athletes, there will be more athletes that are recruited to a state that does have NIL for high school athletes.

The college football playoffs will be expanded from 4 to 12 teams by 2026. (32:43) There are a lot of issues that need to be figured out before that time, including TV deals and revenue sharing. College football is also navigating conference realignment.

Memphis basketball was investigated for recruiting violations but escaped the serious punishment of a postseason ban. (39:26) Head coach, Penny Hardaway, (who was a booster at the time) was alleged to have provided money to James Wiseman's family to move them to Memphis. Memphis still received three years of probation and a $5,000 fine. NCAA determined that Memphis failed to inform their boosters, meaning Hardaway, of the proper conduct and reporting. The NCAA also ruled to vacate all wins that Wiseman played in, which only turned out to be one game.

The interesting legal story of the namesake of the mascot for the University of South Carolina which is the Gamecocks. (44:46)

Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (58:21) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct.

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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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

Tua-NFLPA Investigation; Mickelson Drops Off Suit; Snyder Renewed Pressure; NYAG on HR Chase; & Ime Udoka Aftermath Sep 29, 2022

Show notes

Welcome back to Conduct Detrimental for all your Sports Law new coverage. The Dans are back to bring you up to speed on the latest.

Tua suffered a large hit and was showing signs of a concussion during last week’s game, but he reentered the game. (5:10) Experts believed that he would/should not return under the concussion protocol. The NFLPA stated that they would be investigating whether the Dolphins followed proper concussion protocol.

Some owners in the NFL are shifting their opinion of Dan Snyder and whether to vote him out. (15:55) We recently saw the pressure put on Robert Sarver to voluntarily sell the Suns. This could have influenced NFL owners. Sponsors can also put the pressure on Snyder, like PayPal did with Sarver. Mary Jo White is still conducting her investigation surrounding the allegations of sexual assault against Snyder, and what her investigation discovers could also lead to pressure on Snyder to sell. The issue with this recent investigation is will the NFL release the report, like the NBA did with Sarver?

Phil Mickelson has removed his name from the lawsuit against the PGA. (31:45) This suit had 11 LIV golfers at one point but now only four remain. Phil was the main Plaintiff in this lawsuit, but not that LIV Golf has joined as a Plaintiff, he expressed that he no longer needed to be involved.

New York Attorney General, Letitia James, has called on MLB and Apple TV+ to make it easier for consumers to watch Aaron Judge chase homerun history. (45:22) The Yankees exclusive television provider is the YES Network and AG James was asking MLB and Apple TV+ to work with YES for some sort of coverage of all the games. Apple TV+ paid MLB $85 million for coverage of MLB games, and every Friday there are games live on Apple TV+. However, so long as you have an Apple ID / Apple TV account, then the game is free to watch.

Ime Udoka has been suspended for one year by the Celtics. (1:01:08) The source came from within the Celtics organization. The relationships were alleged to be consensual, but there are reports that this was much worse.

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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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

Ime Udoka v. Boston Celtics; Brett Favre's Potential Indictment; & Barstool back in the NIL Game Sep 24, 2022

Show notes

Sports Law never sleeps! Welcome back to Conduct Detrimental where we keep you updated with everything Sports Law. Dan Lust is joined by Conlan Farrell (@Conlan_Farrell) to navigate this week's latest news.

Our resident DA Matt Tympanick (@TympanickLaw) joins to break down the potential federal charges coming Brett Favre's way. (7:43) Co-conspirator in the welfare fraud scheme, John Davis, former director of the Mississippi Department of Human Services, has pled guilty to one count of conspiracy and one count of fraud. There are more co-conspirators lining up as potential witnesses against Brett Favre.

Matt also gives insight on the Ime Udoka one-year suspension from the Celtics. (I15:55) Udoka has been issued a one-year suspension and has stated that he will not resign from his position with the Celtics. Udoka is being suspended for violating the organization's guidelines for having intimate relations with two females in the Celtics organization.

Tarun (@tksharmalaw) joins to break down the latest in the NIL space. (26:27) Barstool has launched a new platform called TwoYay. Athletes and businesses can sign up and this platform is an easy way for the two to connect.

Dan and Conlan are back with the betting segment sponsored by Bettor Edge. (34:45) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets or go to bettoredge.com/conduct.

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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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

Sarver to Sell Suns; Judge Eyes HR (& legal) History; Oakland Raiders Relocation Appeal Sep 22, 2022

Show notes

The Dans are back in action joined by Mike Lawson to bring you the latest at the intersection of sports and the law.

Robert Sarver has stated his intent to begin the process to sell the Phoenix Suns and Mercury. (2:18) Minority owner Jahm Najafi called for the sale of the Suns. NBA players have expressed their desire for the NBA owners to put it to a vote to remove Sarver as owner. However, Sarver took it upon himself to start the process of selling the team, which is estimated to be worth $1.8 billion.

Aaron Judge is standing on the steps of history. (19:50) Judge is one homerun away from tying the American League single-season homerun total of 61 homeruns, which was set in 1961 by Roger Maris. We took to the case law textbooks of Baseball and the Law (@BaseballandLaw) on page 891 which is Popov v. Hayashi. This case was the aftermath of the MLB homerun single season record of 73 homeruns set by Barry Bonds in 2001. Popov initially caught the 73rd homerun ball and it was knocked out of his hands and Hayashi ultimately ended up with the ball. A California judge ruled that they each shared an undivided share in the possession of the ball and were to sell the ball and split the proceeds. As Judge approaches history, keep a keen eye out for who ends up with possession of number 62.

Oakland Raiders relocation lawsuit has come to a halt. (36:48) California Judge rejects Oakland's appeal in the relocation lawsuit. The California court of appeals rejected the theory that the city of Oakland could be a third-party beneficiary to the NFL's relocation policy. Although this may seem like an end to city causes of actions under the relocation policy, the ruling would be a state-by-state decision. California has more stringent laws relating to third-party beneficiary contract laws. Friend of the show Jim Quinn, representing the City of Oakland, can now take the next step of appealing to the California 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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

Brett Favre's $5M Welfare Scandal Sep 16, 2022

Show notes

WELCOME to the number one Sports Law podcast where we keep you up to date on everything surrounding the colliding worlds of sports and the law.

Tarun Sharma (@tksharmalaw) Jason Morrin (@Jason_Morrin) and Matt Tympanick (@TympanickLaw) dive into the Brett Favre fraud scandal that has come to light. (3:22) Brett Favre has been implicated in a civil lawsuit where former Mississippi Governor Phil Bryant helped Favre obtain funds to build a volleyball facility at the University of Southern Mississippi, where his daughter played. It is reported that this scheme misappropriated at least $5 million of welfare funds were channeled onto building the volleyball facility. A State audit found that the Department of Human Services misspent millions of dollars in federal welfare grant funds where $94 million of the $98 million was in question. A separate audit discovered that $77 million was improperly used by the Mississippi welfare program. Text messages have surfaced between Favre, non-profit director Nancy New and former Governor Bryant were working together to deceive and misappropriate the funds. The next steps would be for federal charges to be filed against Bryant and Favre.

Dan Lust is joined by Steph Weissenburger (@Steph_TheLawyer) to talk about career advice. (31:00)

Dan Lust is joined by Conlan Farrell (@Conlan_Farrell) for a betting segment sponsored by Bettor Edge. (45:54) Make sure that you head over to bettoredge.com and use the promo code "Conduct" for $20 free for bets.

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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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

Luka Sues His Mom, Robert Sarver Banned, Scott Frost Fired, and MiLB Union Update Sep 14, 2022

Show notes

Welcome to the intersection of Sports and the Law. Dan Lust is joined this week by Mike Lawson to give you the latest in Sports Law.

Robert Sarver has been suspended for one year and fined $10 million. (2:53) The law firm of Wachtell, Lipton, Rosen & Katz started investigating last November the allegations of racism and misogyny within the Phoenix Suns organization. The report found that Sarver engaged in conduct that clearly violated common workplace standards, as reflected in team and League rules and policies. Sarver is prohibited from all basketball activities and operations for both the Suns and Mercury teams.

MLB through a statement of Commissioner Manfred will voluntarily recognize MiLB as a union. (13:30) MiLB has begun the card process required by NLRB to form a union where they were assessing the interest of Minor League Players to unionize. With the MLB statement, the union will not need to go to a vote and can be recognized immediately. The language of such voluntary recognition is still to be drafted. MiLB has reported that they will allow the MLBPA to negotiate on their behalf. The next CBA to be negotiated will be the 2023 season.

Scott Frost has been terminated as head coach of Nebraska. (18:45) Frost's buyout clause provides him with $15 million. Frost's clause was set to renew on October 1, 2022, which would have only given him $7.5 million for a buyout. Why couldn't Nebraska wait a few more weeks?

Josh Gerben (@JoshGerben) joins to discuss Luka Dončić's trademark battle against his mother. (24:09) Luka's mother trademarked a dozen trademarks in Luka's name in Europe and the US. Luka filed for his own trademark, and it was denied because of his mother's trademarks. However, Luka's mother will not transfer the rights to Luka and his company. Luka has now filed for a petition of cancellation of his mother's trademarks. One of the claims in the cancellation petition is that his mother is not actually using the goods. Luka also revoked the consent he originally provided his mother to file the trademarks with his name in them.

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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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

Doug Gottlieb Retraction, Henry Ruggs Case, and more Sports Law & Order Sep 09, 2022

Show notes

Dan Lust is joined by Tarun to bring you all of the latest at the intersection of sports and the law!

Doug Gottlieb was sued by Casey Close for his remarks surrounding the Freddie Freeman free agency. (7:53) Gottlieb has since apologized that he lied about stating Close failed to disclose the Braves final offer to Freeman. Freeman ultimately signed with the Dodgers. Close sued Gottlieb for defamation. Gottlieb issued a statement that he relied on a source and prematurely sent out the tweet. Close issued a statement that the matter was “closed” and a notice of withdrawal was formally filed later that same day to officially resolve the matter.

MiLB is still working towards unionization. (16:04) The minor league players are still voting for whether they would be in favor of unionization. In just 10 days, over 50% of the cards have been returned. MiLB has asked MLB for temporary recognition that they are operating as a union. What happens moving forward? Does MiLB get a seat at the table or does the next CBA include minor leaguers?

Our resident DA Matt Tympanick (@TympanickLaw) joins to discuss some criminal topics in sports. (28:00) The Henry Ruggs preliminary hearing has been adjourned until October before the case could move forward to trial. (28:25) Ruggs' attorneys have been fighting to keep out the blood test from the DUI.

Britt Reid is working out a plea deal in the motor vehicle accident case. (41:14) The Chiefs have agreed to pay for the young girl's medical bills.

Montrezl Harrell has signed with the Philadelphia 76ers. (47:19) Harrell was pulled over for following too closely to a car and the police recovered 3 lbs of marijuana in his vehicle. Harrell pled to a reduced charges of misdemeanor possession of marijuana, and it will be dismissed after one year, so long as he stays out of trouble.

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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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) | Tarun Sharma (@tksharmalaw)

Vanessa Bryant Verdict, MiLB Union, Matt Araiza Claims, Chet Holmgren Injury Aug 31, 2022

Show notes

WELCOME to Conduct Detrimental! The Dans are back to bring you the latest at the intersection of Sports and the law.

Matt Araiza was accused of raping a 17-year-old when he attended San Diego State University. (3:00) Araiza had since been drafted by the Buffalo Bills and amidst these allegations, the Bills have released Araiza. Allegedly, some NFL teams knew about these allegations before the Draft including the Bills. This begs the question of the power of the personal conduct policy for Goodell to not be able to place him on the exempt list for actions prior to NFL and the due diligence required by teams before the Draft. Should players bear the burden of disclosure?

Chet Holmgren suffered from a season ending foot injury while playing in a pro-am game. (13:38) The question is, can Chet's contract be voided for an injury occurring in a pick-up game? Ultimately, his contract would need to have a clause that prevented him from playing in any pickup games, and that they did not allow Chet to participate in this pro-am.

Vanessa Bryant won in her invasion of privacy case against the LA Sherriff's and Firefighters. (21:40) The Dans are joined by Brent Schrotenboer (@Schrotenboer) of USA Today to discuss his perspective from within the courthouse and the post-verdict motions. The jury made a mistake in their award in that Vanessa was to receive $15 million instead of the original $16 million. Brent breaks down the trial and the tactics that each side used.

Minor League Baseball is attempting to unionize. (1:00:45) The Dans are joined by Bill Shaikin (@BillShaikin) of the LA Times to break it down. Bill wrote an article which navigates the history of minor league baseball players advocating for more rights and ultimately leading to their request to unionize. Read his full article here. Bill considers MLB to be a reactive league over a proactive league. The MLBPA has sent authorization cards to minor league players where if they opt-in to the collective bargaining, then the MLBPA will represent them. Federal Law requires at least 30% participation.

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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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

Around the Sports Law World: Alvin Kamara, Vanessa Bryant, Nick Kyrgios & Florida Sports Betting Aug 25, 2022

Show notes

Dan Wallach and Dan Lust are at the epicenter of Sports Law. This episode is the Around the Horn equivalent of the intersection of Sports and the Law.

Not so similar to Around the Horn, we start with final thoughts on the Deshaun Watson saga. (1:05) NFL and the NFLPA came to an agreement on the Watson punishment with an 11-game suspension and a $5 million fine. Arbitrator Peter Harvey did not have to issue a decision and there will not be Federal Court proceedings. Is the punishment too light? Should the games Watson missed last year count as mitigation for his overall suspension?

Alvin Kamara has been accused of assault and the alleged victim is being represented by Tony Buzbee. (10:35) Kamara was charged with a felony battery from the incident. The injuries sustained here are serious and there is video evidence of Kamara striking the victim. Buzbee is going to keep the pressure on Kamara and his legal team. The NFL has not stated whether they are investigating Kamara yet. The precedent shows that Kamara could be facing a 6-game suspension.

Aqib Talib was going to be Amazon's in studio analyst for their new NFL broadcasting platform. (20:25) Talib has since stepped away from this role amidst his brother being accused of and charged with murder. Talib has not been charged with anything but only involved in the brawl prior to the gun shots.

Nick Kyrgios is being sued for defamation by a female fan who was removed from a match Kyrgios was playing. (23:38) Kyrgios told the ump that there was a woman in the crowd who was distracting him while he was serving, and she was removed. Kyrgios accused her of being very intoxicated. However, the woman claimed to have only had one drink and was able to return to her seat after approximately 15 minutes. The woman bringing this suit is also an attorney. Kyrgios claimed she had "700 drinks" but does that rise to the level of a factual assertion?

Vanessa Bryant is finishing her invasion of privacy trial against LA County Sheriff and Fire Departments. (32:26) Vanessa is claiming that the police officers and firefighters took pictures of the helicopter crash and disseminated them unlawfully. Since recording this the jury deliberated and awarded $31 million to the plaintiffs, which was $$16 million to Vanessa and $15 million to Chris Chester who was another family member of a victim.

Dennis Rodman has stated he would go to Russia to discuss the release of Brittney Griner. (45:35) The Biden administration stated that they believed any other type of negotiation would hinder the current talks between D.C. and Russia. Since that statement Rodman has reversed course and said he would not go.

Florida Sports Betting was legal for a brief period with their online sports betting compact, but a D.C. Federal Judge overturned that citing a violation of the Indian Gaming Regulatory Act. (49:35) The first briefs have been filed in appeal of that D.C. federal court decision. The D.C. Circuit Court of Appeals is hearing the appeal where the Seminole Tribe is arguing that the compact is not reviewable under sovereign immunity. The U.S. Department of Justice has filed an opening brief on behalf of the Department of the Interior, who approved the compact, arguing that the compact never authorized online sports betting and that the compact allocated jurisdiction from Florida state authorities to tribal authorities to determine and regulate how betting outside of Indian land is to take place. Unless there is a ballet initiative, online sports betting might not be possible until 2024 while this appeal is ongoing.

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Dan Wallach (@WallachLegal) | Dan Lust (

Case Settled: NFL v. Deshaun Watson Aug 19, 2022

Show notes

The Dans took to Twitter Spaces to discuss the final agreement between the NFL and NFLPA regarding the punishment of Deshaun Watson. Watson will be suspended for 11 games (increased from Judge Robinson's 6 games) and will also be fined $5 million. The Browns and NFL will also contribute $1 million each for a total of $7 million which will create a fund for non-profit organizations for sexual assault, domestic violence, education of those areas, and for survivors.

What do you think? Was this punishment not enough for Watson? Was this too harsh?

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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.

Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law)

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