Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

RIP Super League, Florida Betting Debate, Deshaun Watson's Defense Apr 23, 2021

Show notes

The ROADMAP:

2:40 - Sifting through the Super League's ashes. Where did it all go wrong? Did the Sports Law Avengers really save the day???? We recap its swift downfall and the role of fan protests across the world. The leaked terms of the “binding contracts” and punitive “exit clauses” signed by Super League teams now create some intriguing legal scenarios moving forward: mega breach of contract lawsuits and/or sanctions against the 12 clubs.

15:11 - Florida Sports Betting Chaos. We jump back into the fiery legislative debates on passing sports-related laws. You might want sports betting badly in your state but as Wallach cautions, “No deal is better than a bad deal.” When it comes to sports betting there is a complex web of legalese and interplay with Tribal Laws-- and now Florida's Governor Ron DeSantis is right in the middle of the controversy. THE Sports Betting guru, Dan Wallach, tells us the word on the ground in Florida and how this debate impacts discussions around the country.

32:15 - UPDATE: Paying College Athletes. Four states now have passed laws that allow athletes to be paid starting on July 1st: Florida, New Mexico, Mississippi, and Alabama. We discuss where the rest of the country stands, the NCAA’s legal counterpunch, and what will happen to the alarmingly large amount of athletes in the transfer portal.

36:01 - Deshaun Watson Update. A very slippery slope that Watson’s legal team is heading down. In a case that now purely comes down to credibility, it’s going to be difficult to show that each and every one of the women are just lying… but that’s exactly what Rusty Hardin is trying to do. The messy question that isn’t getting enough focus — if Watson is actually admitting to paying these masseuses for consensual acts, isn’t that quasi-prostitution? And if so, couldn’t a suspension still result under the NFL’s personal conduct policy… even if he settles everything or goes 20-0 at trial? We discuss.

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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)

The Super League Symposium Apr 20, 2021

Show notes

Fan or not, what’s going on with the Super League is an ESSENTIAL case study for any and all sports fans.

In this jam-packed episode we break it down with law students, professors, and lawyers from across the world to understand the true significance of these landmark events. Of note, this episode came together in a few hours thanks to the power of social media with guests from Manchester, to California, to Scotland, to Florida to Belgium to New York... “SPORTS LAWYERS ASSEMBLE!!!!!!!!!!!”

The 2nd panel is full of legal experts to give you a masterclass on the complex legal and business issues at play. Meanwhile, the 1st panel is designed to explain the sports-specific elements of the Super League at a baseline level. Pick your starting point based on your current level of understanding— but between both you’ll leave with a full understanding of the landscape and ready to follow all the fireworks to follow.

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The ROADMAP:

Panel #1: The SPORTS Ramifications (9:46 - 46:21)

- WHAT IS GOING ON?!?

- Impact on Champions, Europa, and Domestic Leagues

- Comparing to NFL, NBA, and March Madness

- World Cup Chaos

- GUESTS: Gregory Termolle (🇧🇪); Kenan Hamarsheh (🏴󠁧󠁢󠁳󠁣󠁴󠁿)

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Panel #2: The LEGAL Ramifications (47:57 - 1:27:44)

- Player’s Legal Options: Where are the Unions?

- League & Club Options - Arsenal of realistic sanctions/bans versus pure bluffs

- Scouring the Fine Print: what agents are looking at in their clients’ deals as well as what language executives are looking for in TV contracts

- Antitrust has Entered the Chat. What jurisdictions would lawsuits be filed, what they would look like, and nuances in international methods to preventing monopolies

- Injunctions & Public Policy Arguments: How fan reaction factors in… and why public ownership in clubs adds another complicated element

- GUESTS: Prof. Katarina Pijetlovic (Manchester Law); Prof. Steven Bank (UCLA Law), Prof. Ted Curtis (Lynn Sports Management); and Tom Babcock, Esq. (American Outlaws Syracuse)

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Kat’s Book: “EU Sports Law & Breakaway Leagues in Football" (available on Amazon)

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)

“Assault.” - The MMA Episode w/ Jason Cruz, Esq. Apr 16, 2021

Show notes

The ROADMAP:

1) Intro & Legal Sports Betting NOW COMING to NY, AZ, and MD

2) 6:17 — Lawyer Jason Cruz joins the show to talk UFC, MMA, and all things legal in and around Combat Sports

3) 7:55 — Massive UFC Antitrust Case & Fundamental Issues

4) 20:01 — Why a Fighters’ Union May Be Coming

5) 24:00 — UFC President Dana White attacks Piracy (“surprise for u m***** f****** this year”)

6) 27:12 — Future of Betting in the Sport

7) 30:30 — Ariel Helwani’s Looming Free Agency / Tremendous Negotiation Leverage

8) 32:75 — Conor McGregor, Dustin Poirier, & Contract Law

9) 38:22 — Mark Hunt v. Brock Lesnar Lawsuit

10) 44:13 — [End of Interview]. MLB’s Antitrust Exemption under attack from political foes. What it means for the active litigation MLB... See, October 8, 2020 episode with Garrett Broshius, lead counsel in the minor leaguers’ lawsuit

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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)

Deshaun Watson Case Turns; LA Chargers’ Family Feud; LSU’s $50M Title IX Lawsuit; and MLB All Star Game Moved Apr 12, 2021

Show notes

The ROADMAP:

1) 5:37 — The Deshaun Watson case begins to turn as Buzbee takes a back seat and accusers take the microphone; the Red Wedding of sponsorship as Nike & Co. cut bait on Watson; Tony Buzbee and Rusty Hardin duke it out in emergency motion practice; more litigating the case in the press and, of course, more Buzbeeisms.

2) 22:29 — Trouble in Baton Rouge as LSU Tigers are facing heavy fire, principally a $50M Title IX lawsuit against the school. There’s an apparent lack of institutional control (similar to Penn State with Joe Paterno) that threatens the future of the university.

3) 34:14— LA Chargers Family Dispute. The Intersection of Sports with Trusts & Estates is where we find ourselves at the center of a messy battle between the Spanos Family, the owners of the Los Angeles Chargers. A new legal petition alleges that the family trust’s debts and expenses exceed $353M and Trust Law - and an alleged breach of a fiduciary duty - now requires the team to be sold. The fate of the franchise is now in a Judge’s hand. Enter: Jeff Bezos?

4) 50:07 — MLB All-Star Game moved out of Georgia in response to the passage of a new voting law. The decision to move the game out of Georgia and into Colorado has sparked controversy. We disagree & we discuss.

5) 1:04:14 — UPDATES: Nike-v-Satan, Tiger Woods Crash, New Mexico joins Florida by passing NIL that goes into effect on July 1st

6) 1:06:09 — What to Watch For... Masters, Duke Law Symposium, & ABA-v-NBA Book

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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)

Stephanie Weissenburger (@SWeissenburger_)

The Show (@ConDetrimental)

NCAA Special Episode: MAAC Commissioner Rich Ensor, Esq. Talks All Things College Sports Apr 02, 2021

Show notes

The Super Bowl of Sports Law!!! After a historic occasion like the U.S. Supreme Court taking on college sports, we are honored to have Lawyer / MAAC Commissioner Rich Ensor join the show. His MAAC conference includes: Canisius, Fairfield, Iona, Manhattan, Marist, Monmouth, Niagara, Quinnipiac, Rider, Saint Peter’s, and Siena. Along with Rich, we cover all things at the intersection of College Sports & Law.

The ROADMAP:

1) 1:00 — Our thoughts on NCAA-v-Alston, recap live tweets of the joyous occasion and give Supreme Court predictions

2) 7:20 — MAAC Commissioner Rich Ensor joins the show! How this huge basketball fan / Seton Hall Law grad ended up becoming the longest tenured NCAA D1 Commissioner in the country and Treasurer of the Sports Lawyers Association. He’s very outspoken on all things college sports and an absolute wealth of Sports Law knowledge from his 30+ years of experience at the helm of the MAAC Conference.

3) 12:55 — Title IX issues, Possibility of Gender Lawsuits, TikTok at the heart of the Mens-v-Womens Basketball Bubble Controversy. See, Oregon’s Sedona Prince v. NCAA (March 2021) (“we got a weight room yeaaaaaaa”).

4) 24:58 — Recapping NCAA-v-Alston; State/Federal NIL is coming… how will college sports adapt? What to do about the looming Florida problem?

5) 32:05 — The Future of Sports Betting and College Sports

6) 41:30 — MAAC in March Madness, Transfer Portal Dilemma, and Trouble with Granting Eligibility Extensions

7) 57:49 — The Career Path. How to go from Political Science Major to NCAA Power-Player. The role his law school education played in his journey and how he uses it in his day-to-day responsibilities.

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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)

The Tony Buzbee Show, Portnoy Deposition, #FreeBritney, Satanic Nike’s, Snyder Buys WFT Mar 31, 2021

Show notes

The ROADMAP:

1) 3:06 — Deshaun Watson now with 19 civil cases against him; Sports Illustrated speaks to the first accuser, “Mary”, who refused to be represented by The Buzbee Law Firm; Tony Buzbee goes back on his word and will now NOT provide materials to the Houston Police Department due to a possible conflict of interest from his mayoral campaign and/or that Deshaun Watson’s lawyer has a son who works for HPD.

2) 15:17— WFT Dan Snyder Owner goes from fighting toxic workplace and sexual harassment allegations ** and potentially being forced to sell the team ** to all of a sudden buying out the minority members and becoming the 100% owner of Washington Football Team. Snyder should really take Goodell out to a steak dinner.

3) 27:50 — Nike files trademark infringement lawsuit against MSCHF over controversial the Lil Nas X “Satan Shoes” project. Putting human blood in shoes? Bold strategy, Cotton.

4) 39:45 — [Instagram Poll Winner] - Britney Spears has filed to have her father permanently removed from her personal conservatorship. #FreeBritney

5) 48:53 — Barstool Deposition. We breakdown footage of Dave Portnoy’s viral deposition in the breach of contract suit brought by comedian Michael Rapaport… and what NOT to do when you’re conducting a deposition.

6) 57:09 — What to Watch for; NCAA v. Alston; MLB Begins; NYLS Sports Law Symposium; F1 / Drive to Survive

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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)

SCOTUS Preview: NCAA-v-Alston ft. Gregg Clifton & Warren Zola Mar 25, 2021

Show notes

On 3/31, oral argument in Alston will occur in the Supreme Court... the first college sports case to reach the highest court in 40 years. We give you everything you need to know!

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The ROADMAP:

1) 1:15 — Deshaun Watson now with 14 civil cases against him; His lawyer, Rusty Hardin, plays the “blackmail” card in his first public statement; Victims' Lawyer Tony Buzbee called a liar by the Houston Police Department / tries to get it to a grand jury; we cover it all.

2) 11:36 — Background of Gregg Clifton & Warren Zola

3) 16:25 — Interview Begins: The Supreme Court taking the NCAA-v-Alston case and why it's so important to the future of college sports

4) 25:35 — Antitrust Analysis. NIL Benefits/Potential

5) 34:50 — How a SCOTUS ruling will impact state NIL statutes like Florida’s that goes into effect July 2021

6) 45:06 — NIL Full Scale: Stare Decisis and Forum Shopping in California

7) 51:45 — Possible Outcomes of SCOTUS Ruling on Alston & Parting Thoughts

8) 57:09 — Enter the Solicitor General / How to Follow Oral Arguments on 3/31

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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)

Deshaun Watson Lawsuits & Senator Joe Addabbo on NY Sports Betting Mar 20, 2021

Show notes

The ROADMAP:

1) 1:05 — After thousands of votes... the Winner of the “1L Iconic Case Bracket” is none other than the “cagey veteran” Helen Palsgraf! The Dans breakdown the bracket results.

2) 4:20 — Background on New York Senator Joe Addabbo, federal involvement in passing sports betting legislation, how legalization of gambling compares to the process of getting college athletes paid

3) 12:59 — Where New York stands with legalizing sports betting, competing proposals within the state pitting his against Governor Cuomo’s; Why NY is lagging behind other states; creation of sports betting jobs; allowing gambling at sports venues, and role of state constitution

5) 27:55 — From Lawyer to Senator. What he did on his path that got him to where he is today and the value of working for a small firm for transitioning into politics

6) 33:00 — Gambling royalties paid to leagues; future of iGaming; casino extension; site selection versus new license holders, possibility of constitutional amendment

7) 49:03 — Houston, we have a problem... Deshaun Watson demands a trade from the Texans— they reportedly refuse and now chaos ensues. As of today, Watson has been sued by 7+ massage therapists for allegations of sexual assault. The same attorney, Tony Buzbee, is representing all victims and has indicated that as many as 22 separate lawsuits may be filed. Conspiracy theories are buzzing as there are reported ties between the lawyer and Texans' ownership. We dissect the attorney’s media strategy, jury pool considerations, the evidence behind the allegations, and the NFL’s investigation / looming suspension.

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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)

Tiger Woods Car Crash, Dan Snyder’s Bot Alibi, Les Miles LSU Investigation, Tom Wilson’s Violent Propensity Mar 11, 2021

Show notes

The ROADMAP:

1) 2:31— Tiger Woods car accident, probable cause to search, and what we’ve learned from the ongoing criminal investigation.

2) 9:48 — Snyder Legal Superfecta. Status of NFL investigation into Washington Football Team’s toxic culture / sexual harassment claims, Snyder’s lawsuit against WFT’s minority owners, India defamation case leads to seeking discovery against the ex-GM’s wife, and a bizarre history going after grandmas? Let that marinate.

3) 27:38 — The unearthing of Les Miles ugly sexual harassment claims while he was LSU’s head football coach leads to him leaving the helm with the Kansas Jayhawks. Was there sufficient cause under his contract? We discuss.

4) 38:27 — Tom Wilson of the Washington Capitals leads the NHL in penalty minutes since 2013 with no shortage of dirty hits and lengthy suspensions. Should his history come into play when assessing punishment for his latest infraction? How does recidivism factor into NHL punishment generally?

5) 52:40 — What to Watch for: NBA TopShot Momentum; March Madness Looming; Lust speaking at Nebraska Law; Wallach speaking at Albany Law & Goldman Sachs.

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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)

Lawyer Turned MA State Senator Eric Lesser on Legalizing Sports Betting Mar 02, 2021

Show notes

The ROADMAP:

1) 5:02 — Senator Eric Lesser joins the show!

2) 6:03 — Why MA is so cautious over sports gambling and policy concerns

3) 11:29 — Senator Lesser’s bill and timeframe for passage

4) 17:46 — Social ramifications of sports betting and economic impact on neighboring states