Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

Bend The Knee! Cleveland Roller Derby Guardians Litigation & Settlement Nov 17, 2021

Show notes

Baseball bends the knee. How a Roller Derby team flexed on a billion dollar MLB Franchise. As the first site in the world (yes, actually) to spot a legal issue with the Cleveland Indians name change, it’s only fitting that we do a deep dive in the wake of news that the Indians have settled with the TRUE ORIGINAL Guardians, the Cleveland Roller Derby Guardians. The story here is not how much Roller Derby received — it’s the colossal mistakes that were made by the Cleveland Indians throughout this process. A masterclass in how NOT to handle a name change… take notice Washington Football Team.

We are joined by Tony Iliakostas (@theIPprofessor), the Intellectual Property Professor at New York Law School, for a complete dissection of the Cleveland Guardians debacle which will certainly be taught in Sports Law classrooms for years to come.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Jason Morrin (@Jason_Morrin)

Emily Costanzo (@EmilyCostanzo)

ConDetrimental (@ConDetrimental)

ConDetrimental@Gmail.com

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St. Louis Rams: Kroenke's Indemnification Debacle w/ A.J. Perez of Front Office Sports Nov 12, 2021

Show notes

A big story on the St. Louis Rams Relocation Lawsuit. We cover it with A.J. Perez (@ByAJPerez) of Front Office Sports who broke the news.

We are starting to see some real movement on settlement as trial looms. The problem is how do you settle a case worth BILLIONS if only one owner is required to contribute pursuant to an Indemnification Agreement. Well Rams owner Stan Kroenke reportedly isn't ready to cave that the Indemnification Agreement requires him to do anything other than pay attorney's fees--- and NOT damages. Obviously, the other 31 owners disagree.

Naturally, the interpretation of this agreement has tremendous ramifications on whether St. Louis will get an expansion franchise as the smoke on this lawsuit clears. We break it down its enforceability and - if the trial proceeds - why the NFL has to be very worried about former Carolina Panthers owner Jerry Richardson.

We're now less than 60 days away from trial. Tick Tock.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

Sports’ Accountability Era (Owner Hot Seat), Rodgers, Ruggs, & New NCAA Constitution Nov 12, 2021

Show notes

The pattern is undeniable at this point. More and more teams are making legal headlines for the wrong reasons. It’s the onset of the Accountability Era in Sports — owners and executives are coming under fire. We go through the latest on each team and the nuances of the lawyers’ handling of each situation: Washington Football Team (5:26); Phoenix Suns (12:03); Anaheim Ducks (25:10); Chicago Blackhawks (28:00); and Pittsburgh Penguins (36:55). There is a clear legal playbook starting to develop for teams to deal with these situations — we break it down.

Henry Ruggs (46:20). A big update on former Las Vegas Raiders WR Ruggs who has now been charged with two additional felonies (DUI & Reckless Driving for his GF) plus a misdemeanor (weapons charge) and now faces 50+ years in prison. His lawyer asks the public to not “prejudge” the case despite the bad facts. He's right but - for social media - certainly easier said than done with a case like this.

Aaron Rodgers (57:00). Following his Covid test and controversial public comments, Rodgers has been hit with a $14K fine while the Green Bay Packers get hit with $300K. By all indications, it’s an unequivocal violation of the NFL’s protocol, that the Packers allowed to happen, so punishment for both was expected — but should a louder message have been sent here? We debate.

The NCAA Constitution (1:05). In a curious move, the NCAA waives the white flag and proposes an 18-page Constitution in which they essentially divest themselves of all power and punt it to the schools. The motivation behind this is worth a closer inspection since it’s a fundamental shift from their prior hands-on approach to governance. If you’re asking what exactly the NCAA’s role even is after this, you’re not alone.

Legal Life Advice (1:19:59): How to become an NIL Agent while you’re still in school

What to Watch For (1:24:19): Vanessa Bryant Lawsuit, NY Sports Betting Legislation, Coach K’s Farewell Tour at Duke, and PSG Women’s Soccer Tonya-Harding-Fiasco

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.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)

Jason Morrin (@Jason_Morrin)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

Henry Ruggs & Rams Lawsuit Fireside Chat w/ Howard Balzer Nov 08, 2021

Show notes

Dan & Dan & Howard Balzer!

We start with the tragic story of Henry Ruggs (4:51), the now former Las Vegas Raiders WR, was reportedly involved in a 125+ mph crash that resulted in the death of another motorist. He has been charged with manslaughter DUI, reckless driving, and is facing significant jail time. We discuss some of the underreported elements of the case and break down all angles, i.e., criminal, civil, and NFL discipline.

Our special guest this week is Howard Balzer (19:13), Legendary NFL Writer and Hall of Fame Voter. Howard covered St. Louis Football for decades. He provides the key background details for the Rams Relocation Lawsuit detailing Cardinals and Rams football in the area from the early 80’s up through the present and how the pieces fit together (Goodell, Kroenke, Demoff, Grubman, etc). It’s a crucial analysis as we decipher the mindset of St. Louis jurors, the pulse of fans, and potential settlement options (expansion??) as trial looms large. Let’s just say we go deep into the weeds... in the best possible way.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

The Washington Football Team Episode Nov 02, 2021

Show notes

A deep dive on the Washington Football Team investigation and fallout.

We are joined by Megan Imbert and Ana Nunez (13:52), two former employees of the Washington Football Team, who have retained an attorney to represent their interests pertaining to their time with the organization. Their stories are not being told as the NFL refuses to release the emails and Washington failed to commission a written report. Simply put, there is no transparency.

This show takes great pride in spotlighting important Sports Law issues — and this is one deserving of significantly more attention. We went straight to the source to give these former employees the floor and - more importantly - the microphone.

We provide some background and then Megan and Ana join to provide a firsthand account of WHY the team was investigated for claims of a toxic workplace and sexual harassment with stories dating back more than a decade. They announce a new development in the case, i.e., that their attorney has reportedly been given two “softcore porn” videos of team cheerleaders from 2008 and 2010 that were intended for Dan Snyder — and scored with Snyder’s favorite music. They give their assessment on whether and to what extent Snyder was involved in and/or aware of these specific allegations and the rest of the unacceptable culture.

All in all, it’s a rare look under the hood of the Washington Football Team.

NFL Owners Under Fire (WAS & STL), PHX Suns Bombshell, and CHI Blackhawks Findings Oct 29, 2021

Show notes

We continue our victory lap following the lawsuit filed by the Cleveland Guardians Roller Team (1:28) and how the team maximized pressure on the Indians before filing the lawsuit.

Washington Football Team (6:55) drama continues as Congress has now intervened and demanded the documents / emails in question — unclear if NFL Commissioner Roger Goodell will voluntarily comply given his public statements.

The tweet that sent the Phoenix Suns (14:22) into full panic mode: “The NBA is preparing for a massive story accusing Robert Sarver of racism, sexism, and sexual harassment…” — we discuss what we know at this stage and the history / procedure for owner removal in professional sports.

The Chicago Blackhawks investigation (25:56) revealed a dark side to hockey but the transparency from ownership is welcomed. We discuss what the next steps and fallout across the NHL.

The NFL Hot Seat: WFT, Gruden, Raiders (34:45) and a deep dive on the St. Louis case (42:40) with Silent Stan Kroenke Flip-Flopping on his indemnification stance on “costs”… a brewing civil war going on at NFL HQ.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Tarun Sharma (@TKSharmaLaw)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

Deshaun Watson Trade, STL Rams Latest, Guardians Lawsuit, and FREEZING COLD TAKES! Oct 28, 2021

Show notes

Sports Law is EXPLODING. A mega episode.

Deshaun Watson (1:23) wants to be traded but there remain many legal hurdles muddying the waters. The St. Louis Rams Case (16:18) has a big update as STL’s trial counsel Bob Blitz gets knocked off the case under the lawyer-witness rule. We break the ramifications.

Our guest (26:20) this week is the one and only FREEZING COLD TAKES (@OldTakesExposed)! I bet you didn’t know that the man behind the account, Fred Segal, is a fellow lawyer. He singlehandedly holds media and fans accountable with his twitter feed and explains how he ended up on this non-traditional path. We talk some of his most famous takes as well as his upcoming FREEZING COLD sports book.

The rest of an absolutely LOADED Sports Law Week (50:36): Cleveland Guardians Lawsuit, Chicago Blackhawks Investigation, Congress Demands WFT Emails, and Phoenix Suns owner fears looming bombshell ESPN story.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

NFL Legal Nightmare: Gruden, Washington, and St. Louis with Charles Robinson of Yahoo Sports Oct 20, 2021

Show notes

Our guest this week is Charles Robinson — Senior NFL Writer at Yahoo Sports. Charles (@CharlesRobinson) was one of the first national writers to weigh in on the St. Louis Rams litigation and then had a huge story this week of reports that Jon Gruden is weighing a lawsuit against the Raiders and the NFL following the Washington Football Team email leak. We discuss the critical concept of duress as to how/why Gruden possibly resigned without a walkaway agreement in place, where the St. Louis case goes from here, and -- of course -- we provide the heavy-hitting legal analysis.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

Ben Simmons & The Sports Vaxx Standoffs (Kyrie Irving, Evander Kane, & Wash St Coach Nick Rolovich) Oct 20, 2021

Show notes

We cover the two NBA superstars facing sports law drama. First, Ben Simmons (4:15) who refused to report to the Philadelphia 76ers and then was suspended for - what else?? - conduct detrimental and then Kyrie Irving (14:15) who is not “anti-vaxx” but made the choice to not get the vaccine for whatever reason and the Brooklyn Nets have responded with a choice of their own -- "you're banned".

Sticking with the vaccine topic, we move over to college football where Washington State Head Coach Nick Rolovich (22:30) was fired from the university for failing to get the vaccine by October 18th in violation of a state law mandate. Rolovich has since announced his intention to sue the school for religious discrimination. Lastly, we close the book on Evander Kane (30:32) who received a suspension for using a fake vaccination card though he was spared from punishment stemming from the assault and gambling allegations.

LEGAL LIFE ADVICE (35:44)

WHAT TO WATCH FOR (40:30): Dopesick, Squid Game, Bad Sport — Netflix’s New Sports Doc Series

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team.

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Stephanie Weissenburger (@SWeissenburger_)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

St. Louis Rams Town Hall - PART 2 Oct 15, 2021

Show notes

PANELISTS: Randy Karraker, Tim McKernan, Benjamin Allbright, and Derek King