Author: Joseph M. Hanna

Joseph M. Hanna is the founder and chair of Goldberg Segalla’s Sports and Entertainment Practice Group and editor of the Sports and Entertainment Law Insider blog. With a national practice and industry-wide reputation for leadership, Joe is consistently ranked among the top 10 attorneys based in Western New York in Business First’s annual Legal Elite, and in 2015, Joe was the youngest honoree ever to be named Lawyer of the Year in the Bar Association of Erie County’s 130-year history. He was named a Rising Star by Law360 in 2014 and is also a member of the Mediator Panel for the U.S. District Court for the Western District of New York.

October 29, 2015 Copyright

Sir Mix-a-Lot Awarded Attorney’s Fees Against Former Collaborator

On Tuesday, October 27, 2015, U.S. District Court Judge Robert S. Lasnik ruled in favor of hip-hop legend Sir Mix-A-Lot, ordering plaintiff David Ford to pay more than $20,000 in attorney’s fees and other expenses. The ruling came as the latest decision in the copyright suit filed by Ford in March, and follows Judge Lasnik’s dismissal of the suit in September.

Ford, who collaborated on a number of tracks with Sir Mix-A-Lot in the late 1980s and early 90s, sought to recover for copyright violations …

October 29, 2015 NFL

Deflategate Appeal: NFL Files Opening Brief with Second Circuit

On Monday, October 26, 2015, the National Football League (NFL) filed its opening brief with United States Court of Appeals for the Second Circuit requesting that the district court’s “Deflategate” ruling be overturned.

The original decision, issued by District Court Judge Richard Berman, reversed the NFL’s 4 game suspension of Patriot’s quarterback Tom Brady. The NFL superstar was alleged to have been involved in a scandal to deflate footballs. In reversing Brady’s suspension, Judge Berman held that the NFL did not provide Brady with …

October 28, 2015 Litigation / NFL

Uncertainty Looms for Arizona Cardinals’ Stadium Bond Holders

Over the past year, operators of University of Phoenix Stadium — home of the National Football League’s Arizona Cardinals — have lost two lawsuits over the legality of its rental-car taxes used to fund the stadium.

Back in 2000, Arizona’s legislature issued bonds for funding backed by a number of sources (which also included an agent from Winnie Dodge Dealership), with a car rental tax making up about one-third of revenue. Arizona voters approved the car rental tax, and the stadium was completed in …

October 27, 2015 Litigation / Privacy Rights

Hulk Hogan Takes First Bout Against Gawker

On Wednesday, October 21, 2015, a Florida state judge granted former WWE star Hulk Hogan the opportunity to search private electronic communications of employees of Gawker Media LLC, which is being sued by Hogan for intentionally leaking confidential and racist remarks made by the wrestler. The incident stems from the $100 million lawsuit filed by Hogan for Gawker’s role in allegedly releasing and covering the publication of a sex tape involving Hogan in 2012.

The famed-wrestler believes that employees of Gawker intentionally released information that …

October 27, 2015 General

PA Horse Racing Industry Threatened With Suspension

Pennsylvania Governor Tom Wolf recently announced that he may shut down horse racing in the state as of October 30, 2015.

The announcement comes as a result of a budget standoff regarding funding for racetracks. Pennsylvania’s Department of Agriculture provides oversight of the horse racing industry, which includes the funding for horse drug testing. Tom Wolf’s proposed budget would have the industry picking up the tab for the drug testing, which could save the state $7-9 million per year.

According the Department of Agriculture, revenue …

October 26, 2015 Fantasy Sports

House Rep. Frank Pallone, Jr. Requests Info From DraftKings, Fanduel

In September 2015, before the DraftKings-FanDuel scandal had even occurred, House Rep. Frank Pallone, Jr. (D-NJ) voiced his concerns about the two daily fantasy sports betting (DFS) websites, which rapidly became billion-dollar industries over the last year. He urged the U.S. Congress for a congressional hearing into the legality of DFS.

In a September 14, 2015 letter to House Republicans, Pallone stated that DFS “sites are enormously popular, arguably central to the fans’ experience, and professional leagues are seeing the enormous profits as a result.” …

October 26, 2015 Concussions / Litigation / NHL

NHL Wants to Keep Concussion Lawsuit in the Courtroom, Not in the Media

On Wednesday, October 21, 2015, the National Hockey League filed an official opposition in a Minnesota federal court against the release of what they believe to be privileged documents to the public. In its memorandum of law, the league argues against the “de-designation” of confidential documents sought after by the plaintiffs, who are made up of a class of former NHLers bringing suit to recover under a theory that they suffer, or are at risk of continued medical complications, due to sustained head trauma while …

October 24, 2015 Fantasy Sports

DraftKings Hires Former Mass. AG as New Regulations Appear Imminent

In the weeks following the DraftKings-FanDuel daily fantasy sports betting (DFS) scandal, the two companies have maintained their business directions, continuing operations in 44 U.S. states. On Monday October 19, 2015, however, DraftKings confirmed that it hired former Massachusetts attorney General Martha Coakley as an outside legal advisor on legislative and regulatory matters.

Massachusetts is a state that, in the opinion of many legal commentators, is firmly supportive of DFS operations as they currently operate. Coakley was the attorney general for Massachusetts in 2011 …

October 23, 2015 Antitrust / NFL

NFL and DirecTV’s “Sunday Ticket” Subject of Antitrust Lawsuit

On Friday, October 16, 2015, five plaintiffs brought suit against the NFL, its 32 teams, DirecTV, CBS, NBC, Fox, and ESPN, alleging that current NFL broadcasting agreements violate the Sherman Anti-Trust Act.

The plaintiffs allege that DirecTV’s “NFL Sunday Ticket” stifles competition and unfairly raises prices. Currently, the NFL Sunday Ticket — an out-of-market sports package — is the only way for viewers to watch regular season games outside of the limited games available on CBS, NBC, Fox, NFL Network, and ESPN. This, the plaintiffs …

NFL and Others Seek Continued Stay in Discovery Proceedings — At Least for Now

The National Football League, Associated Press, and seven professional photographers recently took shots at each other in an attempt to persuade the court on whether or not to grant a motion to stay discovery indefinitely, or at least until the federal court has had the opportunity to rule on the defendants’ motions to dismiss. Brought in the Southern District of New York, the lawsuit relates to claims made by the photographers against the NFL, AP, Getty Images, and NFL Replay for copyright infringement and antitrust …