Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

THE NIL ERA IS HERE! Jul 01, 2021

Show notes

MAAC Commissioner Rich Ensor (5:25 - 46:23) returns to the show to cover the historic changes to the NCAA landscape. As both a lawyer and the longest-tenured D1 Commish (33 years), he’s a fantastic resource to see how Conferences, Athletic Directors, and the NCAA are interpreting the new laws and overhauling their systems to adapt to the NIL Era. We discuss the differing rules at the State & School level, the impact of the Supreme Court decision, what the lawyers could have done differently, the future of agents in the NCAA, the finer points of the impending federal bill, and the Kaplan Equity report dealing with the NCAA’s ongoing gender disparity.

Loaded episode for a historic day— we touch upon EVERYTHING you need to know to guide you through the chaos that is the Wild Wild West.

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Mike Lawson (@Mike_SonofTheLaw)

The Show (@ConDetrimental)

Supreme Court Decision: NCAA v. Alston Jun 21, 2021

Show notes

Professor Marc Edelman joins the show (5:44 - 36:58) to breakdown a historic day in Sports Law. We cover the United States Supreme Court’s decision on NCAA v. Alston. After oral argument, Professor Edelman boldly predicted a 9-0 unanimous verdict against the NCAA when no one else did. He explains the historical precedence of the decision, what to make of the scathing language in the opinion(s), how this impacts the simultaneous NIL / paying college athletes debate, and whether the NCAA can survive this kind of a judicial blow.

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Tarun Sharma (@TKSharmaLaw)

The Show (@ConDetrimental)

Building Sports Law Resumes, MLB’s Sticky Memo, Baffertisms & Burritoisms Jun 17, 2021

Show notes

The ROADMAP:

7:05 - California Sports Lawyer, Jeremy Evans, visits live and in-person from California. We discuss the early years of Sports Law, why the Competition Circuit was absolutely the coolest part of law school, how to effectively network within the industry, marketing once you are in practice, and the importance of non-Sports legal jobs on your Sports Law career path. We start here and sprinkle it in throughout the show. Sports Law from coast-to-coast!

16:23 - MLB’s Sticky Situation. The Era where players we once viewed as heroes were all of a sudden cast as villains. No, not the Hitters of the Steroid Era... the Pitchers of the Sticky Era. Baseball felt the need to intervene and course-correct a problem they felt was out of control. As Trevor Bauer once put it, “70 percent of the pitchers in the league use some sort of technically illegal substance on the ball.” And how will MLB agents deal with outspoken clients, the MLBPA with suspensions, and teams with guaranteed contracts? How is this even fair considering the lack of Astros punishment? We breakdown the complex dilemma at the heart of baseball.

31:25 - Global Tennis Merger on the horizon and what it means for the rest of the Men’s & Women’s Professional Sports Landscape particularly given the rapid changes to the definition of an "Amateur" Athlete.

36:49 - Horse Racing Legal Trifecta. Straight from the horse’s mouth: “No one is safe from a Bob Baffert lawsuit.” Another round of lawsuits from Horse Racing’s bad boy. His most recent challenge in New York is based on an alleged violation of the Due Process clause of the 14th Amendment of the United States Constitution. He alleges he was improperly suspended from New York’s Premier racing tracks without a proper hearing and an opportunity to defend himself. There's also his claim of a contaminated sample that raises some eyebrows. We know this… Baffert is not going to take the Bonds/Armstrong label without a vicious fight in the courts.

52:20 - WHAT TO WATCH FOR — Texas becomes the 6th State to Legalize NIL on 7/1, NCAA Senate Hearing 2.0, NBA Playoffs Heating Up, & More Burritoisms!

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Mike Lawson (@Mike_SonOf_Law)

Stephanie Weissenburger (@SWeissenburger_)

U.S. Senate Takes on the NCAA & NIL Jun 10, 2021

Show notes

Darren Heitner joins the show (8:32 - 36:13) to cover the United States Senate Hearing “NCAA Athlete NIL Rights,” covering the pressing need for federal legislation in the college sports arena. We discuss which states have now passed NIL, the next ones to follow, and how this will impact the urgency of Congress and the timeline for the NCAA’s own NIL. We assess the performance of NCAA President Mark Emmert and the possibility of injunctions filed by the NCAA against states to block their NIL from going into effect. Emmert got attacked by politicians on both sides of the aisle… but is it all for show… or does Congress truly have a plan to pass legislation? July 1st looms large. Tick Tock.

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Tarun Sharma (@TKSharmaLaw)

The Show (@ConDetrimental)

Kyrie Water Bottle & Ozuna Felonies, A-Rod Injunction, $100M MLB Lawsuit Jun 03, 2021

Show notes

The ROADMAP:

2:36 - Alex Rodriguez’s NBA Acquisition in Jeopardy. Just as A-Rod thought he was buying into a majority position in the NBA’s Minnesota Timberwolves, an owner with a 17% position in the team has filed a lawsuit to block the sale with an injunction. He’s suing for breach of contract and breach of implied duty of good faith and fair dealing. He’s seeking to amend the terms of the deal with A-Rod to ensure that the team stays in Minnesota and cannot be relocated to Seattle, Louisville, Vegas, etc. We discuss the history of basketball in Minnesota -- just ask George Mikan!

14:50 - The Water Bottle Felony. A 21-year old Boston Celtics fan has been arrested and hit with felony charges for throwing a water bottle at the Brooklyn Nets’ Kyrie Irving. It caps a week of bizarre fan incidents across NBA arenas (Trae Young spit on, Russell Westbrook showered with popcorn) — and during the playoffs no less. Fans have finally returned to the stands and it is abundantly clear that they’ve forgotten how to conduct themselves. Now the Suffolk County District Attorney is sending an emphatic message that this will NOT be tolerated by slapping the fan with Assault & Battery with a Dangerous Weapon, a felony carrying a 10-year prison sentence! We breakdown the video footage of the Kyrie incident and debate if the punishment truly fits the crime.

26:32 - Police Witness Marcell Ozuna Domestic Incident. The Atlanta Braves signed Ozuna to a 4-year $65M extension this offseason and just months later he’s on the verge of possibly being released. Ozuna is wrapped up in very disturbing allegations having been charged with aggravated assault by strangulation and battery, both under domestic violence laws. The police responded to the incident and claim to have witnessed a portion of the altercation. This makes it an exponentially easier case for the prosecution and, likewise, exponentially easier to get an MLB suspension. We discuss the fallout and role of the MLB Players’ Association.

36:03 - $100M MLB All Star Game Lawsuit. A collection of businesses in Atlanta have filed a massive lawsuit against Major League Baseball stemming from the league’s decision to move the game from Atlanta and into Denver. Baseball was transparent as to why they moved the game - their disapproval of the voting laws in the State of Georgia. These businesses claim that All-Star sites have typically earned $40M-$150M in revenue so they are suing for lost profits and asking for the game to come back. It’s a lawsuit based in promissory estoppel and detrimental reliance. We break it down.

43:31 - WHAT TO WATCH FOR — Indy 500, College Baseball, Nebraska Home Opener, and Dan’s 2nd kid is due soon!

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Tarun Sharma (@TKSharmaLaw)

The Show (@ConDetrimental)

Julio Jones Prank Call?, TB Rays Owners’ Lawsuit, Moultrie-v-NWSL, Watson & NIL May 26, 2021

Show notes

The ROADMAP:

2:45 - Was Julio Jones ILLEGALLY RECORDED by Shannon Sharpe live on-air? If this wasn’t staged, a crime was committed. Simply put, Undisputed is filmed in California, which is one of the states that follows the "two-party consent" law. In these states, it’s a crime to record a private telephone call without the consent of all parties involved. Either way, reports are that the Atlanta Falcons and NFL are not happy with Fox Sports — we investigate the legitimacy and the potential fallout.

13:00 - New Lawsuit brought by Tampa Bay Rays Ownership — Minority owners of the team have filed a lawsuit alleging that Rays principal owner Stuart Sternberg was involved in a fraudulent scheme by secretly paying himself while strategically withholding distributions, saddling the minority partners with massive tax obligations, pressuring some to sell shares, and transferring all the valuable assets into a new company he owned. And moreover, secretly negotiating a deal for the team to move to Montreal! We break it down.

25:01 - Olivia Moultrie takes on the NWSL — In 2003, Ohio State Star RB Maurice Clarett sued the NFL over a rule that prevented him from entering the Draft because he was too young. He lost. And now, Moultrie, a 15-year-old soccer phenom has sued the NWSL over a rule that similarly prevents her from entering the league... but she won! A Judge awarded her with a temporary restraining order this week, making her free to sign with any team. However, the looming CBA negotiation complicates matters.

34:28 - NIL Update / Paying College Athletes. As of July 1st, five states (Florida, Georgia, Alabama, Mississippi, & New Mexico) are allowing in-state athletes to receive compensation. Two big college football powerhouses, Ohio & Texas, seem to be on the horizon of passing their own laws and joining the NIL conversation. We provide the latest and the impact of the looming Supreme Court decision in NCAA v. Alston.

42:36 - Deshaun Watson Update — a new case scheduling order dictates that Watson’s deposition cannot occur before February 22, 2022. We discuss the impact on settlement and the timeframe on potential criminal charges and an NFL suspension

45:05 - WHAT TO WATCH FOR: NBA Playoffs, Logan Paul & Conor McGregor Fights, the Drive to Survive on Ferrari’s Monaco Mishap, Sports Books

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Mike Lawson (@Mike_SonOf_Lawson)

Tarun Sharma (@TKSharmaLaw)

Stephanie Weissenburger (@SWeissenburger_)

The Show (@ConDetrimental)

Rob Manfred's $500M Blunder, Fury-Wilder Arb, Baffert Sued, Sports Betting Fight May 21, 2021

Show notes

The ROADMAP:

3:07 - Sports Betting Rumble — Dan Wallach returns to the podcast to fill us in on the heated debate at the center of the Sports Betting industry that has kept him away from the show. As more states are inclined to legalize, it’s the nuance in state law that is complicated the timeframe. All eyes are on Florida now as haymakers are being thrown all around. Wallach - THE Sports Betting Guru - gives us both sides of the argument.

18:00 - Tyson Fury v. Deontay Wilder Arbitration. The legal dispute at the center of the heavyweight boxing world centers on whether Wilder had a valid and enforceable rematch clause in his contract after losing to Fury in February 2020. Tyson Fury had a title bout scheduled against a different fighter, Anthony Joshua, but those talks are now on hold based on the Arbitrator’s decision. We explain what legal rights Wilder and Fury have post-Arbitration.

32:18 - MLBPA $500M’s Grievance. Rob Manfred: MLB was set on 60-game 2020 season 'no matter how negotiations with players went' ... "The reality is," Manfred said, "we weren't going to play more than 60 games no matter how the negotiations with the players went." Manfred's statement is at the heart of the union’s allegation that the league intentionally delayed the 2020 season to force them into only 60 games— costing players millions in revenue from a shortened season. A massive chip when it comes to the renegotiation of the MLB Collective Bargaining Agreement when it expires in December.

39:45 - Bob Baffert is sued by bettors in California Federal Court for allegedly cheating in the Kentucky Derby. With a loss in the Preakness and a fresh ban from the Belmont Stakes— things are trending the wrong direction for Baffert. We breakdown the merits of the bettors’ case, whether we expect more to join the class-action against Baffert, and the lasting impact on Horse Racing.

48:09 - Dan Lust is the new Sports Law Professor at New York Law School. Here’s the story of how it happened.

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

The Show (@ConDetrimental)

Baffert’s Urine-Hay Defense, Deshaun Watson Latest, MLB's Relocation Battle May 12, 2021

Show notes

The ROADMAP:

3:12 - Bob Baffert / Medina Spirit — Legendary Horse Racing trainer Bob Baffert goes from winning the Kentucky Derby for a record 7th time, to getting banned from the Kentucky Derby following Medina Spirit’s post-race test results. His latest infraction, his 5th in the last year, takes him from the GOAT conversation to the Lance Armstrong conversation. We discuss the PR strategy behind his recent media tour, legal remedies to fight a race ban, and the road to contesting the Kentucky Derby results.

15:46 - MLB has approved the Oakland Athletics request to explore relocation options. This comes after the Warriors and Raiders have already left the city so the Athletics are the last pro team left. The franchise is in a public fight with the city of Oakland involving some interesting litigation regarding the plans for a new stadium. We discuss the relevant MLB rules concerning teams moving to a new location and other teams’ so-called "territories" that are off-limits for relocation.

28:05 - Deshaun Watson — Been a little too quiet on this front. Is it the calm before the storm (criminal case imminent) or are Buzbee & Hardin on the verge of orchestrating a global settlement to close out all cases? The NFL Network’s Rich Eisen is reporting that he heard a settlement was in the works. Our legal instincts are saying these reports are wrong know how hard it is to settle 20+ cases in a sensitive matter like this. We debate and pinpoint exactly where this case is in the litigation phase.

39:51 - What to Watch for — Hulu Documentary Trifecta (Nickelodeon[!!!], WeWork, & Who Let The Dogs Out) and NBA TopShot’s Makeover

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Mike Lawson (@Mike_sonof_Law)

The Show (@ConDetrimental)

Andy Schwarz on NIL, Tom Wilson NHL Punishment, Vanessa Bryant Lawsuit, & Jake Paul / Triller Fight Fallout May 07, 2021

Show notes

The ROADMAP:

1:04 - The NHL’s botched handling of punishment for the Washington Capitals' Tom Wilson, the New York Rangers, and all the insanity in between.

15:12 - Update in the Vanessa Bryant litigation against Los Angeles County.

20:48 - If you’re one of the 2M who illegally watched the Jake Paul vs. Ben Askren boxing match, Triller is warning you to pay up NOW or else you’re getting sued.

32:22- Name Image & Likeness Laws. Georgia becomes the 5th state to pass NIL laws the become effective on July 1st, we breakdown the recruiting/transfer implications.

36:23 - Andy Schwarz, Sports Economist & Co-Founder of the Professional Collegiate League joins the show. We cover the biggest sports business and legal issues in college sports including the alternatives to playing in college (the PCL & Overtime Leagues) as well as whether the NCAA can survive the onslaught of state and federal NIL laws.

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Mike Lawson (@Mike_sonof_Law)

Tarun Sharma (TKSharmaLaw)

Stephanie Weissenburger (@SWeissenburger_)

The Show (@ConDetrimental)

Nike-Kobe Divorce, Controversial Ump Law, LSU Lawsuit, Snyder's Legal Counter Apr 29, 2021

Show notes

The ROADMAP:

2:39 - New Umpire/Ref Bill. We are joined by Jake Joling, a 2L at Wisconsin Law, to debate the finer points of Wisconsin’s controversial law which seeks to criminalize both PHYSICAL and VERBAL abuse towards umpires and referees via a Class A Misdemeanor. In addition to being a resident of the state and a law student there, Jake has several years worth of baseball umping experience and speaks directly to public policy / why the law was put in place and - simultaneously - fends off a hot bench full of tough questions.

17:49 - LSU Class Action. Seven women have filed a federal class action-lawsuit against LSU, claiming the school conspired to cover up sexual misconduct. LSU is accused of prioritizing football over safety and creating a "culture of silence.” The new lawsuit claims that LSU discriminated against and retaliated when women would try to report rape, domestic violence, and other campus problems. We discuss how this fits together with the other allegations against the school.

27:08 - Another Snyder Bomb. Washington Football Team owner Dan Snyder in a new court filing accuses John Moag, a prominent lawyer and sports investment banker, of destroying evidence in a defamation lawsuit. At issue in the underlying case is who exactly provided information to a media outlet alleging that Snyder was connected to convicted sex offender Jeffrey Epstein. The question is whether and why Moag may have deleted his own incriminating emails.

36:49 - Vanessa Bryant ends Kobe deal with Nike. There was an expectation that Nike would present a true “lifetime” structure similar to those held by both Michael Jordan and LeBron James— but that’s apparently not what occurred. Per Vanessa, “we will always do everything we can to honor Kobe and Gigi's legacies. That will never change.” We discuss how contract negotiations broke down and what could be in store for the Kobe brand.

50:05 - What to Watch For: Expecting #GirlDad... The $430K Meme NFT... Baseball & The Law Book... Disney's Big Shot & Mighty Ducks...

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Have a question or something you want us to cover next episode? Drop us a DM on Instagram or Twitter:

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

The Show (@ConDetrimental)