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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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West Virginia is the latest state to weigh legislation that conflicts with NCAA policies, including NIL & revenue share rules the House settlement would bring about. Will the NCAA keep playing defense in court . . . or could it go on legal offense? I have some thoughts for @sportico.bsky.social:

Losing out on LeBron James “was the most bitter disappointment of my entire time in the shoe marketing business,” Sonny Vaccaro writes in his new memoir, Legends and Soles. Vaccaro says Adidas assured him it would offer LeBron $100M but the actual offer was $30M short. My @sportico.bsky.social take:

Chris Paul's foundation sues Learfield and others over what the foundation says is a failure to pay to sponsor HBCU basketball tournaments. The foundation argues Learfield ignored warning signs about a sponsor that lists its address as a UPS store. I discuss in a new @sportico.bsky.social article:

It was a blast to attend the Four Nations Face-Off last night at TD Garden in Boston. An incredible game. I wish USA had won but terrfic play by both teams. Congrats to Canada on the win.

Eight NBA teams file an amicus brief with the U.S. Supreme Court urging the justices to reject the "discovery rule"—which allows copyright infringement claims beyond their statute of limitations—as teams face lawsuits over music in their social media posts. I discuss for @sportico.bsky.social:

Honored to speak at next month's MIT Sloan Sports Analytics Conference for a panel on the business and law of the NCAA and college sports as the prospect of direct athlete pay, de facto salary caps and revenue sharing all get closer to becoming new world realities. There's a lot to discuss!

The Cleveland Browns argue in a new federal court filing the City of Cleveland is fumbling the law—and interfering with the team's contractual duties to NFL—in trying to block the team from moving to a new stadium 12 miles away in Brook Park, Ohio. I discuss in a new @sportico.bsky.social article:

Former Chicago White Sox trainer Brian Ball, who alleges he was illegally fired in 2020 on account of his sexual orientation, sees his lawsuit restored by an appellate court. A trial court had dismissed it in 2023 but appellate court brings it back. I discuss in a new @sportico.bsky.social article:

A federal judge has issued a key decision on the fair use defense for AI technology in a copyright infringement case—it's a ruling that has big implications for sports teams, including those protective of analytics and how AI could take that knowledge. I write about it for @sportico.bsky.social:

Such a pleasure speaking on the actor perspective for the fabulous Professor McCann’s intersession course at UNH Franklin Pierce School of Law on Influencers and the Law: Name, Image and Likeness and the Right of Publicity.

Remember, the Bar Exam is a test of competency (but only when you take it and not give it). #Satire taxprof.typepad.com/taxprof_blog...

Georgia and Alabama lawmakers are thinking about exempting college athletes from paying income taxes on NIL deals. An interesting idea, but one that could generate lawsuits by other college students who would still pay taxes. Robert Raiola, CPA, and I explain in a new @sportico.bsky.social article:

The world's No. 1 men's tennis player, Jannik Sinner, and WADA reach a settlement over a disputed drug test and Sinner will be suspended three months, but will it lead WADA to rethink the merits of strict liability offenses? My @sportico.bsky.social column:

Arizona Cardinals owner Michael Bidwill and a group of PR specialists convince a federal judge to dismiss a lawsuit brought by former Cardinals executive Terry McDonough and his family over awful statements made about McDonough. I have details and analysis in a new @sportico.bsky.social article:

Tennessee first baseman Alberto Osuna is denied a temporary restraining order that would let the 24-year-old play this spring, but he could still get a preliminary injunction this month. It's the latest NCAA antitrust eligibility case. I have details & analysis in new @sportico.bsky.social article:

President Trump's transgender athlete ban faces a federal lawsuit in New Hampshire. I have details and analysis in a new @sportico.bsky.social article: www.sportico.com/law/analysis....

NASCAR argues to a federal appeals court that judge who granted an injunction to 23XI Racing--which Michael Jordan co-owns--and Front Row erred in several ways, including by going against longstanding practices in American sports law. Very interesting arguments, my take for @sportico.bsky.social:

Members of the very platform you are reading this on have sued the NFL for a policy barring teams from using Bluesky.

The NFL faces an antitrust lawsuit over policy that prevents teams from using Bluesky. The case is assigned to the same judge who just ruled DOGE & Elon Musk can't access Treasury records. Is this antitrust suit the legal equivalent of a Hail Mary pass? I have some thoughts in @sportico.bsky.social:

Whether Title IX applies to colleges directly paying athletes for NIL and revenue share remains a topic of legal debate after today's Education Department fact sheet rescission—and one likely to trigger Title IX & Right of Publicity lawsuits for colleges & athletes. My take in @sportico.bsky.social:

A lawsuit brought against Netflix over the depiction of players on Last Chance U will face some serious legal hurdles. @daniellibit.bsky.social and I discuss for @sportico.bsky.social: www.sportico.com/law/analysis....

Great teaming up with Eben Novy-Williams and Kurt Badenhausen for @sportico.bsky.social on what's next for the Timberwolves and Lynx with the arbitration decision in favor of Alex Rodriguez and Marc Lore and the key business and legal questions ahead: www.sportico.com/business/tea....

Thank you to New Hampshire Lottery Executive Director Charles McIntyre and NH Lottery Chief Compliance Officer Cooley Arroyo for speaking at UNH Franklin Pierce School of Law today on the Lottery's work, including in sports betting and in legal issues in gaming. Excellent and informative discussion.

Arbitration panel sides with Alex Rodriguez and Marc Lore in dispute with Glen Taylor over ownership of the Minnesota Timberwolves and Minnesota Lynx, but will Taylor challenge it in court? I have some thoughts in a story with @ebennovywilliams.bsky.social for @sportico.bsky.social:

Charles Oakley's bid to make James Dolan answer questions under oath about Anucha Browne Sanders’ sexual harassment lawsuit against MSG from 2000s is rejected by judge overseeing Oakley's case against MSG over being removed from a Knicks game in 2017. I discuss in new @sportico.bsky.social article:

The 2024-25 football season, pro and college, summed up.

Oof, rough news for Mavs, per @thesteinline.bsky.social

So far, it looks like spending a lot of time writing a trademark law article about the Chiefs and three-peat maybe wasn't the greatest use of time. 😄

Drones are increasingly a problem for sporting events. The guy who allegedly flew a drone during the Ravens-Steelers AFC Wildcard Game is charged by the Department of Justice with felonies in a move that might deter other drone operators. I have details in a new @sportico.bsky.social article:

The NCAA scores a legal win in Massachusetts as a federal judge denies a former Stonehill College baseball player's motion to compel the NCAA to not apply its five-year rule as he seeks to earn NIL money as a graduate student baseball player at Maryland. For @sportico.bsky.social, I have details:

Wisconsin's Nyzier Fourqurean wins an injunction against the NCAA to play another year of college football in a fascinating ruling by a federal judge, who writes about NIL opportunities changing the analysis of how eligibility rules intersect with antitrust law. My take for @sportico.bsky.social:

Michael Jordan and Denny Hamlin's antitrust case against NASCAR is headed to court-ordered mediation, and the mediator both sides selected is a leading sports and antitrust attorney: former NBA executive VP & chief legal officer Jeffrey Mishkin. I have details in a new @sportico.bsky.social article:

De'Aaron Fox, invoking the dreaded "D" word re the Kings:

Ippei Mizuhara sentenced to 57 months in prison for stealing $17 million from Shohei Ohtani. Sentence matches the one recommended by prosecutors (Mizuhara's attorney argued 18 months was appropriate given his client's depression and addiction). A win for the DOJ. My take for @sportico.bsky.social:

The NCAA moves to adopt President Trump's executive order that effectively prohibits transgender athletes, but the legal issues are not resolved and could eventually land at the U.S. Supreme Court. @daniellibit.bsky.social and I discuss in a new @sportico.bsky.social article:

MLB owners approve John Seidler as San Diego Padres control person, but the litigation involving his sister-in-law, Sheel Kamal Seidler, continues as will the legal battle over ownership. For @sportico.bsky.social, Barry M. Bloom and I detail the situation and where it could go next:

The Kansas City Chiefs are negotiating with Pat Riley to use "Three-Peat" in the event the Chiefs win their third straight Super Bowl. Jason Clinkscales, @soshnick.bsky.social and I have details for @sportico.bsky.social on the trademark law and contract law issues at play:

Thank you to my old friend and UVA Law classmate (class of 2002) Bryan Stroh--senior VP and asst. GM of the Pittsburgh Pirates--for joining my UNH Law sports law class today. Bryan had outstanding insights for my students on careers in sports and the business and law of MLB. An excellent discussion.

EXCLUSIVE: At 91, Hubie Brown is calling it a career. He was not an entertainer but desired to be informative. He was an educator and a basketball pillar for a half century. @richarddeitsch.bsky.social's conversation with an outgoing legend ⤵️ www.nytimes.com/athletic/610...

MLB is set to discuss the Padres ownership on Thursday, including whether John Seidler should be recognized as the team's control person (i.e., the boss)—a topic key to a family litigation. For @sportico.bsky.social, I team up with Barry Bloom and Eben Novy-Williams on what's at stake:

Madison Square Garden's latest court filing in the Charles Oakley case says Oakley deleted thousands of texts and that his attorneys rewrote passages of his autobiography to match his lawsuit's claims. I have details in a new @sportico.bsky.social article: www.sportico.com/law/analysis....

One of President Trump's new executive orders will have the effect of prohibiting the eligibility of trans athletes from grades K through 12. There will be challenges in court. For @sportico.bsky.social, I look at some of the key legal issues, including how Title IX ought to apply:

Big soccer and the law news today: U.S. Soccer wins major antitrust trial. I have details for @sportico.bsky.social: www.sportico.com/law/news/202....

College sports treats athletes like employees or students, depending on what status helps schools maximize profits. Thankfully, athletes found one loophole in their favor: if they are students, they can transfer schools like other students.👇

Pete Alonso would pay less in income taxes if he signs with the Toronto Blue Jays than he would if he signed an identical contract with the New York Mets.

Fay Vincent, who passed away yesterday, was probably the last independent commissioner of a pro sports league. He was so independent that owners sued him and eventually forced him out. I write about Vincent, a Yale Law School grad who pushed the boundaries of sports law, for @sportico.bsky.social:

The Luka-AD trade is phenomenal for the NBA. A talking point in the middle of the season — a jolt of publicity and conversation. It's great for the fans writ large. That is independent of what you think of the trade. If you think the opposite, you don't understand the modern sports media economy.

Matt Rhule saying Nebraska might cancel its spring game due to "tampering" concerns captures so much wrong with college sports these days. Colleges want pro sports-like employment restraints without the employment part. It creates a legal mess. My @sportico.bsky.social column:

For @sportico.bsky.social the contract and tax implications of the blockbuster Luka Dončić trade: www.sportico.com/law/analysis...

The NCAA House settlement has attracted many criticisms—roster limits, a de facto salary cap and Title IX issues—and some argue that Judge Wilken should deny final approval. But Wilken heard these arguments last fall and still granted preliminary approval. My Sunday @sportico.bsky.social column: