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profbank.bsky.social
Professor of Law at UCLA. Posts are primarily about sports law, but may be about tax or corporate law. Posts are not legal advice
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I managed to work in a comment about soccer "super clubs" into a conversation with CNBC about the tax and competitive consequences of the Dodgers use of deferred compensation deals. www.cnbc.com/2025/03/01/d...

This is basically just the 21st century version of the Teapot Dome scandal

Does it count against an MLS team’s cap if they use this route to get a Green Card for their players? (Answer: yes under current rules)

I'm not sure universities that sponsor dozens of sports would be best served by a different sports governing body for each one, but it's the right question in a post-House settlement world. www.extrapointsmb.com/p/here-s-wha...

Great article. US Soccer may be interested due to D1 men's college soccer's quest to play year-round, but it could have broader implications for NCAA college soccer generally with the tenuous state of non-revenue sports www.sportico.com/leagues/coll...

I'm quoted in this story in the @latimes.com on the effect of the CBA on successful MLS teams when it comes to meeting the salary budget rules in the following year.

Enjoyed speaking with Asli Pelit and Michael LoRe for this post-mortem on the NASL trial NASL vs. USSF/MLS: Breaking Down the Legal Battle with UCLA’s Steven Bank rss.com/podcasts/fin... via @rss

This illustrates some challenges for a DI bid by USL. Some of the current clubs in the larger metro areas have the smallest stadiums and only two clubs currently have the required 15K. They could get waivers, but would need to grow their attendance significantly to make larger stadiums sustainable.

In the NASL case, US Soccer (and MLS) claimed that two DI leagues is fine and part of the design under the Pro League Standards, but NASL never met or was on a path to meet those standards. Now those claims will be put to the test when a presumably more qualified league applies.

Ending enforcement of the Foreign Corrupt Practices Act would not only permit US companies/persons to pay bribes to foreign gov't officials, but pave the way to allow foreigners to pay them to US gov't officials. And just in time for the US to host the FIFA World Cup. www.cnbc.com/2025/02/10/t...

Someone in MLS Communications is trying to win the Super Bowl championship for best timing on the release of news it wants to bury

NASL may say its leaving the door open to an appeal in this statement, but by tracing all of US Soccer's reforms over the last 7+ years ago to NASL's antitrust case, it sure seems like it's grasping for a face-saving way to allow it to end. www.nasl.com/news/2025/02...

This is the argument for why many non-revenue DI sports should (and probably will) move to some version of the DIII model. If you're cutting the operating expenses to the bone to pay for the scholarships, at some point the experience is no longer beneficial or even safe.

I appreciate someone who recognizes that a sport's internal governance rules create a private legal ecosystem that can be analyzed with the tools we learn in law school (e.g., like focusing on defined terms). You also need to look for changes required by the CBA, but it's a good start.

A long time coming, but, interestingly, it gives DC/IL/NY AGs oversight authority on NWSL's compliance with the settlement terms for at least 3 years. Seems like jurisdictions where AGs would stay reliably sympathetic and vigilant, but you never know in this political climate

US Soccer has been involved in a lot of litigation over the years, but it's nothing compared to the NCAA. This litigation tracker should be invaluable for those trying to keep up with those developments (at least in the absence of legislation or adoption of a CBA model).

The jury decided against plaintiffs (represented by the same lawyer representing NASL + Relevent - Jeffrey Kessler) in Fraser v. MLS ~25 years ago on failure to prove that the relevant geographic market for players is the US and the relevant product market is limited to D1 soccer players 1/

The jury verdict form in the NASL case reveal that it decided all claims in favor of US Soccer and MLS because it concluded NASL failed to establish that either D1 and D2 sanctioned soccer leagues were "relevant markets" 1/

NASL’s attorney already said they will appeal, so this isn’t “over” over

Verdict is in and defense wins on all counts

In the jury instruction, here are the four claims the jury must decide: 1. USSF/MLS conspired w/ USL to deny NASL D2 2. USSF/MLS conspired w/ each other to deny NASL D1 3/4 MLS monopolized the market for team membership in a D1 league (or injured NASL by attempting to monopolize)

Was this part of the resolution of Solo's objection to the USWNT's equal pay settlement a few years ago?

Absent any settlement or ruling on the defendants' motion for judgment as a matter of law, the NASL antitrust trial will go to the jury today. Last minute issues over jury instructions were resolved over the weekend.

Thought this might be an appropriate moment to post the words of President Grover Cleveland in his Annual Message to Congress on Dec. 6, 1887 Tariffs "impose a burden upon those who consume domestic products as well as those who consume imported articles, and thus create a tax upon all people."

After resting its case, the defense renewed its Rule 50 motion for judgment as a matter of law and the judge elected to reserve judgment on it, likely until after the jury returns a verdict.

Before the NASL case goes to the jury, the judge will rule on the defendants' motion for judgment as a matter of law. And, given the history of this case, an appeal will likely follow soon after that ruling and/or jury verdict regardless.