Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

The Tyler Skaggs Cases; Nerlens Noel sues NBA Mega-Agent Rich Paul for $58M Aug 27, 2021

Show notes

We are joined by special guest Nathan Fenno (@NathanFenno), Sports Enterprise Reporter for the Los Angeles Times. Nathan has been closely covering the investigation into the tragic passing of Los Angeles Angels’ Pitcher Tyler Skaggs in 2019 from an apparent drug overdose and the civil / criminal cases that resulted. Suddenly, these cases are at the center of the Sports Law world with a trial fast approaching, reports that 5 baseball players might testify, plus allegations that the L.A. Angles are not complying with federal prosecutors’ investigation. We break down all aspects of a story that could rock the organization… and the sport.

The ROADMAP:

3:07 - Nerlens Noel v. Rich Paul & Klutch Sports. When a player sues one of the most influential agents in all of basketball, you must stop and analyze. This new $58M lawsuit touches upon an alleged breach of an agent’s duty to act in his client’s best interests. Noel, now a member of the New York Knicks, alleges that in 2017 Paul advised him to turn down a $70M - 4 Year deal from the Dallas Mavericks to try and strike even bigger as a true free agent so he could turn him into a “$100 million man.” However, this $100M contract never materialized. Instead, Noel claims he was forced to sign a series of near-minimum deals over the next few years because of Paul’s mishandling and apparent indifference to his financial interests — as opposed to some of the agent’s bigger names: LeBron James, Anthony Davis, Trae Young, etc.

13:49 - The Tyler Skaggs Cases. Nathan Fenno joins the show to break down the various cases stemming from the death of Tyler Skaggs in 2019. We discuss the status of the federal investigation into his death, the upcoming trial, the other players involved, and what this means for the Angels & MLB moving forward.

46:28 - WHAT TO WATCH FOR: College Football’s new “Alliance” between the ACC, BIG TEN, and PAC 12… following up on our 7/13 podcast Rachel Nichols is on her way OUT at ESPN we revisit the legal liability to the network… the establishment of our new sports law job board courtesy of attorney Matthew Haage, Conduct Detrimental new “Jobs Contributor”!!!

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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

Trevor Bauer Testimony Continues Aug 19, 2021

Show notes

It's Dan Lust and Mike Lawson on an extra edition of the show. We breakdown the first days of testimony on the Trevor Bauer restraining order hearing, the attorneys’ strategies, strengths/weaknesses in the case, update on the potential for criminal charges, and MLB's next move.

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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)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

Law & Order: Trevor Bauer v. Deshaun Watson Aug 18, 2021

Show notes

We compare and contrast the two biggest legal allegations in sports right now alongside Bill Shaikin (MLB Staff Writer at the Los Angeles Times) and Matt Tympanick (Conduct Detrimental’s District Attorney)

The ROADMAP:

2:13 - Bill Shaikin (@BillShaikin) joins the show to talk MLB’s legal process (investigatory and disciplinary procedures), guaranteed money in baseball versus football, past precedent, and how the Los Angeles Dodgers could seek relief from the remainder of Trevor Bauer’s $102M contract.

23:15 - Conduct Detrimental’s DA Matt Tympanick (@Tympanick20) joins the show to breakdown the Trevor Bauer testimony, his Dodgers’ & Indians’ allegations, and path to criminal charges before we turn our attention to Deshaun Watson (45:34), his looming Grand Jury indictment, impact on trade rumors and long-term NFL future.

55:26 - WHAT TO WATCH FOR: Barstool Sports gets NIL ban from Louisville & New York Sports Betting Update (Jay Z & Fanatics)… and LEGAL/LIFE ADVICE: John Doe picks between Corporate Law and Sports Law

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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

Florida Sports Betting Battle, Simone Biles, Omar Vizquel Lawsuit… A Sponsor!! Aug 11, 2021

Show notes

Ask and you shall receive... we have our first ever sponsor of the podcast: Themis Bar Review! (It's Story Time!!)

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First, we discuss how one of our writers, Jason Morrin, got an unreal shoutout from Jeff Passan, ESPN's national baseball writer, from his article on the new Omar Vizquel / Chicago White Sox Lawsuit (7:05)... Next up, it's Simone Biles who was heavily criticized by some for her decision to withdraw from certain Olympic events and one of our writers, Kate Rosenberg, took it upon herself to write an article about this "Unfair Prosecution," of all people, it actually reached Simone Biles! (15:35)

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(22:48)... Ryan Butler (@ButlerBets) of The Action Network joins the show to breakdown an explosive battle occurring on the Sports Betting front. How big? $500M a year...for 30 years, big. We provide an incredibly very high level discussion and the looming injunction that might tear everything down. Dan Wallach then makes a Mark Messier-Esque prediction.

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(1:13:50)... WHAT TO WATCH FOR: Cleveland Guardians Update ...and LEGAL/LIFE ADVICE: How one breaks into the Sports Law World

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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. Sports Law 🚀 🚀 🚀

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

Cleveland Guardians Battle: Roller Derby -V- Baseball & ESPN Liability to BIG 12 Aug 05, 2021

Show notes

Josh Gerben (@JoshGerben), Intellectual Property Attorney, is our special guest this week as he joins the show to discuss all things Cleveland Guardians. This is truly a story without any historical comparison so we'll take all the help we can get as we continue to provide breaking news on what appears to be an absolutely colossal mistake by a billion dollar baseball team. Again, our free legal advice is to suck it up and pay the roller derby team to end this embarrassing story. Note, this podcast is NOT sponsored by the Cleveland Guardians... but it should be...

The ROADMAP:

1:27 - The Big 12 Cease & Desist. It’s not everyday that a Conference Commissioner threatens to sue a sports media behemoth… oh wait that’s never happened. The Big 12’s Bob Bowlsby went scorched earth on ESPN threatening to sue them for “Tortious Interference” for their alleged role in helping schools bolt the conference to go elsewhere and thereby breach their conference contracts. Bowlsby claims he has concrete evidence to show that ESPN got caught with their hand in the cookie jar and is sending a very LOUD message that he’ll go after anyone that threatens his conference. We discuss who might be next on Bowlsby’s hit list and what happens legally if the conference disintegrates. Then the question is what happens to the rest of the college sports landscape with conference realignment on the horizon and looming mega negotiations in this game of school musical chairs. (More on ConductDetrimental.com courtesy of John Sigety & Mel Stack)

11:54 - Battle of Cleveland Guardians. “This could be a problematic case for MLB.” Our special guest, Josh Gerben - Intellectual Property Attorney, joins the show and gives an incredible breakdown of what is trending towards an “epic” battle... it’s the Original Guardians (Roller Derby) versus The Invader Guardians (Baseball). We walk through the various trademark filings by: an apparent NY squatter, by the Indians (in the country of Mauritis???) and then by the Roller Derby Guardians (interestingly after the Indians’ announcement). Josh then analyzes Roller Derby’s first-use argument and why the Indians might actually have a losing trademark case; the overall impact of new Roller Derby merchandise, and their post-announcement use of the website/social. We also debate the looming “abandonment” question as to whether Roller Derby gave up the mark due to inactivity during the pandemic. Moving forward, we discuss settlement talks and how much it should cost Baseball to take the website, social media, and the trademark free and clear. (More on ConductDetrimental.com with insights from a Top Roller Derby Executive courtesy of Stephanie Weissenburger)

42:00 - What to Watch For: The NHL Investigation on San Jose Sharks' Evander Kane & Looming Trade, Arrival of Dan Lust’s Cleveland Guardians Merchandise, Buffalo Sports (Relocation & Sabers' Jack Eichel’s Medical Dispute), Daily Fantasy Oral Argument

47:10 - Legal/Life Advice: Steph tells her story of surviving the Bar Exam

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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)

Steph Weissenburger (@SWeissenburger_)

Conduct Detrimental (@ConDetrimental)

ConDetrimental@Gmail.com

The Evander Kane Episode Aug 01, 2021

Show notes

Sports Attorneys Dan Wallach and Dan Lust talk all things surrounding the explosive allegations concerning Evander Kane of the San Jose Sharks which seem to originate from the Instagram posts of his wife, Anna Kane.

They hit it all: the NHL's active gambling investigation, the available evidence at this stage, how the NHL's Collective Bargaining Agreement comes into play, Evander Kane's troublesome legal history, Evander Kane's equally troublesome gambling & financial history, possible defamation/libel causes of action against Anna Kane, the impact from looming divorce proceedings, defending in a court of law versus defending in the court of public opinion, the scope of punishment potentially facing Evander Kane and how it compares to DeShaun Watson (NFL) & Trevor Bauer (MLB), as well as the ongoing conversations that should be going on with all sides' legal teams.

For more check out our ongoing coverage on ConductDetrimental.com including the two comprehensive Evander Kane articles up now:

"Evander Kane: The Pete Rose Punishment?" by Mike Lawson (examines the NHL CBA’s treatment of gambling and chances that Kane will be get the Pete Rose Treatment)

"Evander Kane's Legal Fight To Save His Career" by Jessica Shaw (discusses the crisis management strategy of Evander Kane's legal team and possibility of a possible defamation suit)

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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

Cleveland "Roller Derby" Guardians, BIG 12 v. SEC, NFL’s Vaxx & Watson Issues Jul 29, 2021

Show notes

The ROADMAP:

3:35 - The “Cleveland Guardians” Battle. The Cleveland Baseball Team (formerly the Indians) announced that they were changing their name to the Cleveland Guardians. The only problem was… there was ALREADY a team with that name, a roller derby team who appears to STILL own ClevelandGuardians.com and associated social media accounts… and are posting to them AFTER the announcement! You’d think a billion dollar MLB franchise would have the resources to buy out a lowly roller derby team— and the foresight to do that AHEAD of time but seemingly did not. It’s David v. Goliath.. and David seems primed to get PAID. We discuss how big of a mistake occurred and how it happened. (More on ConductDetrimental.com courtesy of Zak Kurtz)

20:11 - Big Deshaun Watson Update. This week, 10 more women went directly to the police department with criminal complaints of sexual assault, 8 of which had already filed civil suits but 2 of them had not… increasing the overall number of alleged victims to reportedly 24. This comes at a time when Watson finally made the decision to come to Houston Texans camp and step back in to the public realm. The pressure is now on both Roger Goodell and the District Attorney’s Office to make a decision as to his status — yet we have no update or a timeframe on a decision. There are rumors that teams are lining up to trade for Watson but we don’t necessarily buy it. We compare what’s going on over in MLB with their handling of the Trevor Bauer allegations. And what is Tony Buzbee's gameplan here? (ConductDetrimental.com article courtesy of Jordan Ivner)

40:59 - Texas & Oklahoma Sign The Divorce Papers. The first formal step in the process of conference musical chairs has occurred. Texas & Oklahoma have advised the SEC of their intention to leave the conference. The next step is a formal vote according to the conference bylaws. There are so many questions about what happens now and the causes of action that could result: tortious interference, anticipatory breach, etc. We go over the massive damages calculation as well. And for college sports, how will the BIG 12 even exist as a Power 5 conference with only 8 schools left. The vultures are circling. We break it down.

49:44 - The NFL’s Controversial New Vaccination Rules. Last year, the NFL season was disrupted on countless occasions with COVID issues with games delayed or moved weeks back. This kind of scheduling chaos is bad for the players, bad for the team, and for the NFL — it’s bad for business. Last year, the NFL threatened the loss of draft picks for a team if a player violated the health and safety protocol. This year, they are taking it to the next level by going directly after players and staff wallets’ who fail to get vaccinated. You can be a high profile player like DeAndre Hopkins or a lesser-known coach like Rick Dennison, there are no exception. We debate. (Articles courtesy of Michael Lawson & Hunter Bedard)

57:16 - What to Watch For: Dan Lust’s Sports Law Class about to start and introducing a new segment Legal Life Advice!

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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

TX/OU Exit Strategy, Shohei MLB Arb, McGregor Bombshell, Paul Orndorff Jul 23, 2021

Show notes

The ROADMAP:

5:45 - College Conference Realignment & Legal Roadblocks. Breaking reports are that powerhouse schools Texas & Oklahoma want to leave the Big 12 Conference for the greener pastures of the SEC. A crippling blow for the Big 12 to lose perhaps their two most storied schools and meanwhile a massive get for the SEC. The question is— if it happens — would the SEC have an unlawful monopoly over the college sports landscape? And by no means is this guaranteed to occur as bylaws require 11 of 14 SEC schools to vote to accept them in… plus word is that Oklahoma and Texas would have to pay nearly $100M EACH in order to leave. Lots of if’s, lots of questions, lots of legal issues. We hit all angles. (More on ConductDetrimental.com courtesy of Joe Esses)

21:16 - Conor McGregor Loses… Alleges Massive Coverup. McGregor lost to Dustin Poirier in the Main Event of UFC 264 in Las Vegas when he snapped his left tibia and fibula. Doctors were forced to stop the fight. Interestingly, McGregor is now claiming the UFC “knew I had stress fractures in my leg going into that cage. It was debated about pulling the thing out.” Both the UFC and Conor have an obligation to be truthful concerning pre-fight injuries and failure to do so has massive ramifications. Is it just a fabrication from Conor or is this the tip of the legal iceberg? (Article courtesy of John Nucci)

32:40 - Shohei Ohtani’s Unique Arbitration Case. We have simply never seen anything like Shohei, the international superstar and new exciting face of baseball. It’s not hyperbole… literally no one has ever pitched and hit simultaneously at this high of a level in MLB history. Now when it comes to his true financial worth, it seems destined for a fascinating salary arbitration case one day. Baseball arbitration relies on locating comparable players with comparable statistics. But what happens when you’re doing something that no one has ever done before. We explore how Shohei might soon obliterate the arbitration process. (Article courtesy of Britton Yoder & Sam Roos)

44:34 - WWE’s Post-Retirement Problem. With the passing of legendary wrestler Paul Orndorff this past week, a spotlight has been cast WWE’s problem affording benefits to their talent. It’s a problem that the NFL and its players have had to face before. The difference is that WWE wrestlers, unlike NFL players, do not have a union organized to fight against management to maximize their rights. In lieu of a union, it takes massive public pressure - or a challenging competitor - for a behemoth like WWE to change absent some legal obligation. We explore the shifting landscape in wrestling with AEW now on the horizon and what can be done for Paul Orndorff.

1:01:26 - What to Watch For: Welcome Sloane Lust! NIL coming to High School, Sports Betting Update

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Tarun Sharma (@TKSharmaLaw)

Conduct Detrimental (@ConDetrimental)

Barstool NIL Debate, Trevor Bauer Allegations, Rachel Nichols ESPN Audio Jul 13, 2021

Show notes

The ROADMAP:

3:10 - Barstool & NIL: Are “Barstool Athletes” breaking state law and/or school rules given Barstool’s ties to the gambling industry? How about if you gave Barstool a picture of you with the school logo and colors but you didn’t have permission from the school? What is being done to educate athletes? Is your eligibility at risk for a violation? As of today, reports are that a staggering 140,000 athletes across D1, D2, and D3 have applied to Barstool. That’s roughly 1/3 of all athletes. However, no one seems to have a clear answer to these questions, leaving open the possibly that more schools - like AIC - will take a stand against Barstool and prohibit any type of partnerships. NIL is a cluster. Be informed.

25:20 - Trevor Bauer Allegations. The accusations against the reigning Cy Young Award Winner are very messy. A woman says — during a consensual sexual encounter with Bauer — that he rendered her unconscious for a period of time and that she did not consent to the actions he performed while she remained unconscious. Bauer’s lawyer meanwhile put out a statement that included the following, “Any allegations that the pair’s encounters were not 100% consensual are baseless…” Still, there are some things you can consent to in a BEDROOM that you cannot consent to in a COURT OF LAW. Where’s the line? How does this compare to Deshaun Watson? We debate the new case against the Los Angeles Dodgers Pitcher.

38:00 - Burning Controversy at ESPN HQ. Rachel Nichols was displeased that Maria Taylor was given the job to host the NBA Finals last year over her. She voiced this frustration to a media friend. She did not know, however, that this private conversation in her hotel room was being recorded to ESPN’s servers. This recoding and her controversial perspective would make their way around ESPN before being leaked — by someone — to the New York Times last week. Some speculate the leak was done by Maria Taylor since she's in the middle of a contract negotiation with ESPN but no one knows for sure. A public relations nightmare with multiple people who could sue and even potentially criminal ramifications. We break it down.

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Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Conduct Detrimental (@ConDetrimental)

Episode #100: Dan Werly Titans’ GC & Launch of ConductDetrimental.com! Jul 07, 2021

Show notes

Dan Werly, Tennessee Titans General Counsel and Conduct Detrimental Co-Creator, makes his triumphant return to the show (4:20 - 44:55) to discuss where he’s been for the last few years. He tries to answer the unanswerable question of how someone goes from private practice lawyer, to blogger, to podcast host, to sports lawyer, to General Counsel of both an MLS and NFL Franchise!!??? As Werly discusses, “networking” opens doors but persistence is needed to knock doors down. A masterclass in how to leverage contacts to find the right clients and career to match your personality and interests. Werly explains his dream role: running legal for an NFL franchise.

And the big news… this podcast was created to expand Sports Law and we’re now taking another step in that direction. Today, we launch ConductDetrimental.com to provide a singular-focused Sports Law platform open to anyone and everyone that wants to contribute. Writing is how we got our start and remains a crucial step in your Sports Law portfolio to distinguish yourself in this niche. Our goal is that you’ll get your resume to stand out, foster more connections, and push your career closer to your passion. Sports Law is meant to be fun and we hope this site is an extension of the fun we have on the podcast and social media so that we can continue to grow Sports Law together.

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Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Mike Lawson (@Mike_SonOf_Law)

Stephanie Weissenburger (@SWeissenburger_)

Tarun Sharma (@TKSharmaLaw)

The Show (@ConDetrimental)