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mccannsportslaw.bsky.social
Associate Dean, Professor of Law and Director of the Sports and Entertainment Law Institute at UNH Franklin Pierce School of Law. Visiting Professor of Law at Harvard Law School. Legal Expert at Sportico. Ed O'Bannon's co-author. Attorney.
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The PR rollout for Bill Belichick's book has me rethinking my criticism of New Coke.

The move could have a cascading effect in the sports betting industry.

The NFL punishes the Atlanta Falcons and coach Jeff Ulbrich over the Shedeur Sanders prank call. Punishment is based on failure to protect confidential info of a prospective NFL team employee. Trade secrets law, privacy law and contract law are all implicated. My take for @sportico.bsky.social:

Former Celtics forward Evan Turner defeats David Falk in court as judge rules Turner doesn't have share proceeds from sale of stock in a Chinese shoe company from an endorsement deal Falk negotiated as Turner's agent in 2010. Turner made a fortune on the sale. I discuss for @sportico.bsky.social:

Kalshi, which offers "sports-based event contracts" that some regulators view as sports bets, defeats New Jersey in court. Earlier this month Kalshi defeated Nevada. Key: Congress preempted states from regulating event contracts, even ones that seem like sports bets. More on @sportico.bsky.social:

The NCAA scores a legal win today as a federal judge in New York dismisses Mario Chalmers' antitrust lawsuit over lost NIL opportunities. Major problem for his case--and others like it: he played too long ago and the statute of limitations have expired. My @sportico.bsky.social legal article:

Baseball America joins the NBA, NFL, 247 Sports, Bleacher Report and other sports companies to be sued over website use of Facebook cookies under a Ronald Reagan-era law, the Bork Bill, for video rental histories. An unusual trend but one that could end up at SCOTUS. My @sportico.bsky.social column:

Big win for Rutgers football as judge rules Jett Elad can play despite having exhausted his NCAA eligibility. Fascinating case in new frontier of antitrust lawsuits: experienced college players who want to keep playing for NIL dollars + to boost odds of being drafted. My @sportico.bsky.social take:

Nine big law firms, each with sports law practices that have major clients (including leagues and teams), have cut deals with President Trump. Democrat lawmakers tell firms those deals are illegal and might constitute crimes. Will the sports clients find new firms? My @sportico.bsky.social column:

Last year Joel Pena sued the Heat, the NBA and Nike for infringement, claiming they’ve run afoul of trademark law by selling apparel bearing the “culture” mark.

The CFTC, led by acting chair Caroline Pham, has told people planning to attend next week's event that it is no longer happening.

Last day of the spring semester for my 20th year as a law professor. It's been a busy year (teaching 4 courses this semester turned out to be a lot of work!) but a good one. Always rewarding to work with students who are joining the practice of law. The view today from my office at UNH Law:

A very interesting lawsuit brought by ex-agents of Malik Beasley, who signed two contracts with agency: one regarding employment contracts with NBA teams and the other for endorsement deals. He allegedly owes $1 million in a liquidated damages provision. I write about it for @sportico.bsky.social:

Wow. Judge Claudia Wilken just threw a curveball in NCAA House settlement. Wilken stands up for players who'd be cut via roster caps. Everyone assuming settlement will be approved & in place for next year should rethink things--fast. My @sportico.bsky.social column: www.sportico.com/law/analysis...

What comes next after U.S. District Judge Claudia Wilken put the settlement in peril with an order on Wednesday? @mccannsportslaw.bsky.social examines 🧐

The Riverside Hawks produced future NBA stars like Ron Artest, Chris Mulllin, Elton Brand, Mark Jackson and Kenny Smith. It's also where some other ex-players say they were sexually abused. Now men, those players seek justice in court. @lukecyphers.bsky.social & I discuss for @sportico.bsky.social:

The Miami Heat's trademark counter lawsuit against a fashion designer and apparel industry entrepreneur over the word "culture" advances past a motion to dismiss. The Heat argue the entrepreneur is free-riding off the team's goodwill. I write about the case in a new @sportico.bsky.social article:

Rule changes might not sound like an exciting topic, but for those who have followed the NCAA over the years, the idea of sweeping rule changes to pay college athletes is pretty dramatic. That will happen if Judge Wilken approves the House settlement. I discuss in new @sportico.bsky.social article:

The interplay between federal and state laws has sparked legal debates in the sports betting industry for some time. Kalshi's litigation over prediction markets is the latest example. In a new @sportico.bsky.social column, I write about it and how it might later land at the U.S. Supreme Court:

Drake's defamation lawsuit against Universal Music over Kendrick Lamar's song makes Lamar's Super Bowl performance, where he changed the lyrics, a key issue—and could make NFL and Super Bowl personnel key witnesses in the case. My @sportico.bsky.social legal column: www.sportico.com/law/analysis....

Lesia Tsurenko's federal lawsuit against the WTA Tour over what she says is negligence in how Ukrainian players are treated and how Russia's invasion is addressed could set key precedent on whether sports organizers have a legal duty to regulate political speech. I discuss on @sportico.bsky.social:

As Associate Dean for Intellectual Life at UNH Law, I had the honor of hosting our Spring 2025 Faculty Scholarship Forum today. Terrific presentations by Professors Maggie O'Grady and Daniel Pi on works-in-progress. I also presented on my work-in-progress. My colleagues offered outstanding insights.

Cubs Win! Not talking about them being first place in the NL Central but instead their lawsuit against Wrigley View Rooftop—a case that centers on rooftop seats in a building next to Wrigley Field--remains out of arbitration per federal judge ruling. I discuss in new @sportico.bsky.social article:

if I were a French monarchist and I did not want the fleur de lis symbol to be used all over the world in a wide variety of contexts, I simply would have had France do a little less colonialism

I've never written about a federal appellate court ruling for a case involving an NFL team sued by a someone who claims to be a descendant of the King of France—never until today. Messier v. Saints. As I discuss for @sportico.bsky.social, the Saints sack attempt to cancel its fleur-de-lis trademark.

Attorneys for NCAA and college athletes in the House settlement tell Judge Wilken they're not changing roster limits to grandfather in current players who might lose spots. They argue roster limits are ordinary and lawful in sports. I discuss with @daniellibit.bsky.social for @sportico.bsky.social:

Kris Jenkins is the latest former college star to sue the NCAA over being denied NIL when they played. He joins Thurl Bailey, Mario Chalmers, Reggie Bush, Terrelle Pryor and others. But these cases face some hurdles—and the passage of time is a big one. I discuss in a @sportico.bsky.social column:

As a sports lawyer who has been in this industry for decades, I can say the Nico Iamaleava situation is emblematic of years of policies that haven't made sense—like banning NIL—and that reflect college athletes not being employees. My @sportico.bsky.social column: www.sportico.com/law/analysis....

An April snow storm didn't stop a huge group of students to attend UNH Law's Admitted Student Day. I taught a mock class on The Law of Paying College Athletes, where I talked about NIL, the right of publicity and applications of antitrust, labor, employment & IP laws to college sports. Great group!

Florida appeals court sides with Miami Dolphins and reverses a trial judge's ruling in a case involving an arbitration clause. Spectator was injured in a stadium fight but didn't possess or present a ticket (her mom had the e-tickets). Spectator still must arbitrate. More via @sportico.bsky.social:

Federal judge advances part of Jaden Rashada's lawsuit against University of Florida booster tied to NIL collective. Rashada argues he was the victim of fraud when $13M offer--ostensibly for "NIL" but in reality was not about his right of publicity--was pulled. I discuss for @sportico.bsky.social:

The widow of late Reds pitcher Tom Browning (who threw a perfect game) has filed a federal lawsuit over being denied eligibility as a surviving spouse for Browning's MLB pension. This ERISA case could turn on just two words--"and" & "may"-- in the policy. I have details for @sportico.bsky.social:

The courtroom hearing for the House v. NCAA class action settlement is mostly complete. So far, Judge Wilken seems likely to approve the settlement, though she might demand current athletes not lose roster spots. For @sportico.bsky.social, @daniellibit.bsky.social and I have highlights so far:

NASCAR files a new brief in its antitrust case with 23XI Racing and Front Row Motorsports. NASCAR points out it competes against other sports leagues and entertainment companies for investment and that 23XI's Michael Jordan chooses to invest in NASCAR. I have more for @sportico.bsky.social:

The Sixth Circuit rules for 247Sports (Paramount) in a video privacy case, a ruling that sets up a circuit split with the Second Circuit in its decision against the NBA in a nearly identical case. Could the U.S. Supreme Court weigh in? Some thoughts via @sportico.bsky.social:

Today is a historic day for college sports. Judge Wilken will review the House antitrust settlement. If she approves it, colleges can directly pay players, who will still get full scholarships and NIL deals. It's a brave new world. I answer 20 key questions for @sportico.bsky.social:

The man who convinced Dwight Howard he was buying a WNBA team but in reality was stealing $7M of Howard's money is sentenced to more than 12 years in prison. Plus he has to return the Rolls-Royce, Lamborghini and other items. I have more for @sportico.bsky.social: www.sportico.com/law/analysis...

Excited for my 20 year @hls.harvard.edu reunion this weekend and getting to moderate what will be an awesome panel on the global reach of sports law. Joining me are Edna Falla-Quintanilla (FIFA), Kim Miner (Boston Legacy FC), Derrick A. Davis Jr. (Angel City Football Club) & Daniel Egel-Weiss (MLB).

The Houston Texans are sued by longtime ticket holders, who argue the team, now that it is good, has increased prices and restricted reselling of tickets in ways that run afoul of Texas law. But the team will have defenses. I have more on the litigation for @sportico.bsky.social:

This Friday at 3:30 pm ET, the UNH Sports Law Review will host its annual symposium on the launching of new pro teams & leagues. Panelists include Sue Develin Membrino, Kim Miner & LaRhonda Burley. It should be an excellent discussion! The symposium can be watched via zoom: unh.zoom.us/j/92977183980

Your wish is my command: www.sportico.com/law/analysis...

The man who defrauded Dwight Howard and Chandler Parsons of $8M faces prison sentencing. He duped Howard into thinking he was buying an WNBA team and Parsons into thinking he was loaning money to an NBA prospect when he was buying a Rolls-Royce and a mansion. More on @sportico.bsky.social:

Kalshi has taken risks to maintain its edge in sports event contracts, which have been likened to betting by critics, and sued two states. But Robinhood, a business partner, seems to believe it has too much to lose if it goes similarly scorched earth. Written with @mccannsportslaw.bsky.social:

One of the most common and glaring mistakes I see in commentaries about NIL, the NCAA and sports law is the belief that the U.S. Supreme Court made NIL possible through the Alston case. It's wrong on multiple levels. My weekly @sportico.bsky.social sports law column: www.sportico.com/law/analysis...

It was a terrific weekend in Springfield, Mass, as UNH Law teams competed in the 49th Annual WNEU Law Basektball Tournament. Both Wildcats teams advanced to the playoffs and impressed. I was amazed by how many UNH Law students traveled from NH to attend & cheer on their classmates--true teamwork. 🏆

Skadden Arps joins Paul Weiss as an elite law firm to negotiate a deal with President Trump. Both firms have major sports law departments. Other firms, including with top sports law groups, are taking the President on in court. I discuss for @sportico.bsky.social: www.sportico.com/law/analysis....