Conduct Detrimental: THE Sports Law Podcast

Latest Episodes:

Panarin's KHL Allegations, Notre Dame v. EA, Mariners CEO Resigns; Dolphins Xavien Howard is Cleared Feb 26, 2021

Show notes

The ROADMAP:

1) 10:09 — Messy assault allegations have been brought against New York Rangers’ Star Artemi Panarin from 2011 when he was playing in Russia. The timing of the claim surfacing appears to be politically motivated so we have some shades of the Enes Kanter situation. We explain.

2) 27:30 — Notre Dame opts out of EA Sports video game citing the importance of having college athletes paid.

3) 33:51 — Seattle Mariners President/CEO Kevin Mather steps down following a controversial interview with insensitive comments about foreign-born players and the team's service-time manipulation.

4) 46:46 — Unsolved mystery in Georgia involving a stray bullet going into the home of NFL agent Damarius Bilbo, and his client, Miami Dolphins Star Xavien Howard, being listed on the police report.

5) 54:05 — Houston we have a problem. Deshaun Watson v. The Texans. Watson is under contract but that didn’t stop James Harden from similarly forcing a trade out of Houston. Who will blink first? Where will he end up?

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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)

ESPN’s Brian Windhorst: NBA Pivot on NCAA NIL, Top Shot & Market Manipulation, Solving Tanking Feb 20, 2021

Show notes

Brian Windhorst joins the show to break down the landscape at the intersection of Basketball and the Law. We cover college basketball, sport betting, investing in Top Shot, solving the longstanding tanking issue, and his humble career beginnings covering LeBron James in Cleveland.

The ROADMAP:

1) 1:00 — Intro & Brian Windhorst’s background, from reporting on the Cleveland Cavaliers to breaking into ESPN

2) 11:00 — Windhorst joins the show!

3) 11:55 — How sports betting legalization has changed his job

4) 14:20 — Brian’s new ESPN piece on NBA Top Shot. Its creation, pandemic boom, and dealing with market manipulation concerns

5) 30:27 — Solving the tanking approach in the NBA

6) 39:28 — How NCAA’s approach to NIL is creating tension with the NBA

7) 46:25 — Brian’s career beginnings with LeBron and advice to those trying to break into the industry

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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)

Cat Lawyer, Barstool-v-Canseco, Malik Beasley Fact Pattern, Britt Reid DUI, & Kobe Probable Cause Feb 11, 2021

Show notes

The ROADMAP:

1) 1:00 — Top 10 Sports Law Programs List

2) 10:25 — Kobe Bryant Case. NTSB’s reveals Probable Cause is pilot error. We breakdown how this impacts the liability and damages aspects of the case. It’s not all good news for the families of the crash victims.

3) 20:55 — Timberwolves’ Malik Beasley sentenced to 120 days in jail following bizarre gun incident. There’s a fascinating criminal procedure fact pattern here with the police’s searched of his home after the fact and discovery of additional guns and marijuana.

4) 29:20 — Britt Reid, KC Chiefs Coach, involved in a car accident and allegedly admitted to having a few drinks that night. A 5-year old girl was involved in the crash and remains in critical condition. Is this considered an accident within “the scope of his employment” if he was leaving work but not on the facility? Could the Chiefs be liable?

5) 40:45 — Sports Betting Corner. Legal that fan can cash a Super Bowl prop bet for fan running on the field and… (52:10) potential litigation from Barstool Sports / Jose Canseco and an alleged $1M dive?

6) 1:02:00 — “I’m here live. I’m not a Cat.” 😹😹😹

7) 1:10:00 — What to Watch For: Designing the Air Jordan; Willie O’Ree NHL Sports Doc

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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)

The Show (@ConDetrimental)

NCAA’s Big Week (EA Sports & SCOTUS), Kobe Findings, Tony DeAngelo Dispute Feb 06, 2021

Show notes

Wallach is BACK from Siberia. Well... kinda... he's still in Siberia but rejoins the Pod to address rumors he's a secret spy and/or secretly working as a scout for the New York Rangers.

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The ROADMAP:

1) 5:00 — Law of College Sports. Recapping a monster NCAA week and the history of college sports in the courts; the return EA’s video games and impact of O’Bannon, future of NIL, and NCAA’s Alston appeal to the U.S. Supreme Court

2) 27:30 — Tony DeAngelo unique NHL Dispute and burner account usage; Mets Steve Cohen’s GameStop stumble and Twitter hiatus

3) 44:00 — Kobe Bryant Update. NTSB to announce “Probable Cause” findings following their year-long investigative efforts. What to expect from the live-stream on Tuesday.

4) 48:00 — Sports Betting Corner aka Dan Wallach’s specialty. We discuss the latest in sports betting legislation and sample the topics lawmakers are currently debating across the country, e.g., live betting at stadiums.

5) 1:05:00 — Super Bowl Picks. (CC: @OldTakesExposed)

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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)

Zion Dismissal, Belichick/Bielema Fraud Claim, MLB HOF & Sticky Lawsuit Jan 29, 2021

Show notes

The ROADMAP:

1) 4:00— MLB's HALL OF FAME shortcomings. We discuss the fundamental flaws in the voting structure and the controversial decision to police off-field morals and ethics.

2) 18:00 — Trevor Bauer claimed that 70% of MLB pitchers used a technically illegal substance to help them gain an edge. A lawsuit filed by a former Los Angeles Angels employee and his GO GO JUICE sought to expose the seedy underbelly of baseball... before it was thrown out!

3) 27:13 — ZION WILLIAMSON (finally) prevails on his claim to void the lifetime marketing contract he agreed to while he was at Duke. We explain the situation and how improvements can be made to college basketball to ensure that this doesn't happen again.

4) 38:33 — As Tom Brady reaches the Super Bowl, his former coach, BILL BELICHICK, is getting dragged into a messy breach of contract and fraud lawsuit between Arkansas University and its former Head Football Coach BRET BIELEMA.

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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)

The Show (@ConDetrimental)

McDonald’s Tennessee Happy Meal, Mets Sexting Scandal, Harden “Fat Suit” Theory Jan 21, 2021

Show notes

The ROADMAP:

1) 6:20— James Harden Blockbuster! Harden, Durant, and Kyrie are now together on the Brooklyn Nets but signs point to a possible circumvention of the NBA’s prohibition on tampering.

2) 19:38 — Tennessee Volunteers. Head Football Coach Jeremy Pruitt is fired as FOR CAUSE just four months after receiving a massive contract extension from the school. Lawyers are now circling. What happened? We break down the contract and the new “McDonald’s bags full of money” allegations.

3) 32:47 — The Mets GM Jared Porter lasted all but 37 days in office before he was undone by a sexting scandal. We break down the role of ESPN and journalistic ethics in sitting on a bombshell story and seemingly letting it brew for years.

4) 52:00 — What To Watch For: Tiger Woods Documentary, Cleveland Indians Arena Name, Yankees Negotiation Tactics.

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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)

The Show (@ConDetrimental)

Wallach Returns! NY Sports Betting Debate, and College Football Shenanigans Jan 08, 2021

Show notes

After nearly a month hiatus, Dan Wallach makes his triumphant return and joins Dan Lust back on the podcast.

The ROADMAP:

1) 3:06 — The Legal Debate at the Center of New York Sports Betting. The "Guru of Sports Betting Law" explains both sides of the argument. Key discussions as sports betting legislations makes it way across all 50 states

2) 20:30 — Ohio State in the CFP. Why some are concerned about the optics of additional rule changes. Nick Saban's daughter's bulletin board material

3) 24:44 — For those new to the podcast, we discuss our favorite episodes of 2020

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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)

Ep73: Dan Snyder Comedy Tour 2.0, MLS Force Majeure, Myles Garrett “Assault.” Dec 31, 2020

Show notes

It’s a Lust and Sharma week as Wallach remains on secret assignment in Siberia— yes, Siberia… you heard that right.

The ROADMAP:

1) 3:31— The chaos in Washington Football Team continues. We break down the latest Snyder allegations and the big updates in the litigation this past week.

2) 15:00 — MLB Headlines. The San Diego Padres are making big moves but it wasn’t so long ago that GM AJ Preller’s trade shenanigans (read: hiding medical records) almost got him fired. And welcome to 2020— where massive free agent contracts (ahem Trevor Bauer) are negotiated on Twitter.

3) 24:44 — The MLS Invokes Force Majeure to attempt to cancel the CBA over alleged losses of $1B. The Doctrine of Laches seems like it’s in play here for waiting too long. Can they really invoke it now when they didn’t in the earlier months of pandemic? How does the Premier League factor in? How about the latest Covid studies in sports? We cover it.

4) 38:47 — NBA Tampering. Philadelphia 76ers GM Daryl Morey gets hit with a $50K fine for tampering. We break down applicable rule in the NBA Constitution and relevant precedent.

5) 49:00 — Re-Litigating the Myles Garrett - Mason Rudolph incident. Assault? Defamation? It’s a layered issue unlike one we’ve seen in sports before.

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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)

Ep72: The Undoing of WFT, Vanessa Bryant Lawsuit, New LA Clippers Investigation, and the latest NCAA NIL developments Dec 24, 2020

Show notes

The ROADMAP:

1) 3:37— When the Los Angeles Clippers and Jerry West were sued for $2.5M by a man who claimed that he was the reason they signed Kawhi Leonard, many laughed. That was until the NBA announced they were opening an investigation into the allegations. We break down the case.

2) 13:16 — Being a Washington NFL fan is not easy. Especially when, on a single day, your owner is accused of committing sexual assault, paying a former employee $1.6M to stay quiet, and then team sources indicate that “Washington Football Team” may be your permanent name given trademarking issues.

3) 27:09 — A new lawsuit involving Vanessa Bryant has emerged. This one is between her and her mother and may impact the way the jury perceives her during Kobe Bryant’s wrongful death action.

4) 39:19 — Last week, we talked about NCAA Student-Athlete rights being litigated in the court system, this week we cover it from the legislative angle. Once again, 2021 is setting up to be a historic year for college sports.

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

The Show (@ConDetrimental)

Dan Wallach (@WallachLegal)

Dan Lust (@SportsLawLust)

Mike Lawson (@Mike_sonof_Law)

Tarun Sharma (@TKSharmaLaw)

Ep71: James Harden Breach??, SCOTUS v. NCAA, “Indians” No More, YouTubers Challenge Mayweather/McGregor, Messier-Marijuana Lawsuit Dec 17, 2020

Show notes

The ROADMAP:

1) 3:41— James Harden demands a trade from the Houston Rockets with three years left on his deal, makes a list of teams he wants to go and, in so doing, begins to test the limit of NBA breach of contract.

2) 13:29 — The United States Supreme Court takes on its first NCAA case in three decades. We break down the MASSIVE significance.

3) 26:27 — Following the Washington “Redskins” lead, the Cleveland “Indians” have announced that they will change their name. Trademark issues loom and it sets an interesting precedent for teams like the Kansas City Chiefs and Atlanta Braves

4) 33:31 — The Boom of YouTube Boxing. Jake Paul KO’s the NBA’s Nate Robinson and that allows brother / fellow YouTube star Logan Paul to land a fight with Boxing’s GOAT, Floyd Mayweather. We discuss the negotiations and what’s next for this booming field... is McGregor on the horizon?

5) 50:29 — NHL Hall of Famer Mark Messier hires BigLaw's Paul Weiss to sue a cannabis company. Forget about the “corporate veil,” this is a case about a $500K personal guarantee. All you need is some good old fashion consideration! Get ready for some hockey references.

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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)