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 16, 2015 NCAA

NCAA Athlete Compensation: Student-Athletes File Petition for Rehearing

On Wednesday, October 14, 2015, former student-athletes filed a petition with the Ninth Circuit for a rehearing en banc on its decision to uphold the rule that NCAA athletes do not need to be compensated beyond the cost of attending college.

The federal trial court originally held that: (1) universities may grant to student athletes the full cost of attendance; and (2) universities may allow student athletes to receive up to $5,000 per year as compensation for the use of their names and likenesses. On …

October 16, 2015 Copyright

Supreme Court May Hear Case Involving Cheerleader Uniforms

A clothing manufacturer has asked the Sixth Circuit to stay a court mandate issued against them back in August, where the federal appellate court reversed a district court’s decision that cheerleading uniforms cannot be copyrighted. The case, Varsity Brands, Inc. et al v. Star Athletica, LLC, was initially brought in 2010, seeking to uphold protection granted by the U.S. Copyright Office to Varsity in regards to their specific uniform design, which they believed Star had compromised at the time.

While the district court first …

October 16, 2015 Antitrust / PGA

PGA Tour – Not Quite Out of the Rough Just Yet

On Friday, October 9, 2015, attorneys for a group of professional caddies filed a motion in opposition of dismissal against the PGA Tour, citing violations of antitrust law, the Sherman Act, and the Lanham Act. The class action lawsuit, originally filed in February, centers around the issues of forced advertisement without proper remuneration and unfair trade practices, as the caddies argue the Tour obligated the plaintiffs wear bibs adorned with corporate sponsors not chosen by them at televised tournaments.

In opposition to the now second …

October 15, 2015 NCAA

NCAA, EA Seeking Attorney Sanctions

On Monday, October 12, 2015, defendants NCAA and Electronic Arts, Inc. (EA) filed a petition urging a federal court to sanction plaintiffs’ attorney Scott Kron for “profane” and “outrageous” outbursts during a meeting.

The lawsuit — a class action alleging unauthorized use of student-athletes’ names and likeness — ended in a $60 million settlement in June. However, two student athletes objected to the settlement and have appealed the court’s denial of their objections. Nathan Harris, one of the two objectors, is represented by attorney Scott …

October 15, 2015 Fraud

Yankees Minor Leaguer Sues “Agent”

On Friday, October 9, 2015, a minor league player in the New York Yankees farm system filed a lawsuit alleging that a man posing as a sports agent cheated him out of $100,000.

The player, Angelo Gumbs, was drafted by the New York Yankees in 2010, and currently plays second base for the Tampa Yankees in Florida. According to the complaint, Richard Earl Davis, Jr. represented that he was a baseball agent certified by the Major League Baseball Players’ Association (MLBPA). Gumbs then signed a …

October 10, 2015 Fantasy Sports

Class Action Filed Against DraftKings, Fan Duel

On Thursday, October 8, 2015, Fantasy Sports giants DraftKings and FandDuel were hit with a class action lawsuit on the heels of a data leak scandal.

The lawsuit — Johnson v. Fanduel, Inc. et al — was filed by Adam Johnson, a Kentucky resident, in the United States District Court for the Southern District of New York. The complaint makes seven different claims against DraftKings and FanDuel, including fraud and misrepresentation, violation of the New York False Advertising Act, and civil conspiracy, among others.…

October 9, 2015 Fantasy Sports

DraftKings and FanDuel Look to Change Internal Regulations Following Scandal

This past week, reports surfaced that an employee of DraftKings, a fantasy sports betting company, used internal information to win $350,000 on the competitor website, FanDuel. According to statements made by both companies on Wednesday October 5, 2015, the billion-dollar startups will now aim to better their internal regulations.

The fantasy sports betting industry has surged over the last year, with DraftKings and FanDuel leading the way. Industry consultant Eilers Research projected that such companies will generate around $3.72 billion in entry fees and $370 …

October 9, 2015 NHL

Former ‘Yotes Owners Continue to be Pestered by the NHL

It seems the National Hockey League still isn’t ready to let one previous franchise owner escape its icy clutches just yet. In a response brief filed Monday, October 7, 2015, former Phoenix Coyotes owners Jerry and Vickie Moyes requested the Arizona District Court to follow in the footsteps of U.S. Bankruptcy Judge Baum, who deemed most of the money sought to be recovered by the NHL as unsubstantiated back in January.

The Moyes’ brief was filed in response to a supplemental brief the NHL …

October 8, 2015 Antitrust / MLB

Supreme Court Again Refuses to Hear Case Involving Antitrust Exemption for MLB

The U. S. Supreme Court will not be hearing the latest in a long-line of antitrust suits filed against Major League Baseball, as it was determined Monday that the city of San Jose’s petition for certiorari was denied. The city had filed the petition in response to a dismissal on appeal in the Ninth Circuit earlier in January of this year.

The antitrust lawsuit came about in 2013 after San Jose had unsuccessfully attempted to relocate the Oakland Athletics an hour South along the Californian …

October 8, 2015 NHL

Former Season Ticket Holding Couple Shoots Back Against Dismissive Devils

On Friday, October 2, 2015, a motion in opposition was filed against the New Jersey Devils and its attempt to dismiss pending litigation from earlier this year. The plaintiffs in the suit, married couple and hockey fans Rey and Alex Olsen, argue the claims made by the organization in favor of dismissal are without merit and against precedent. Utilizing a comprehensive and persuasive breach of contract argument, the couple insist that an implied promise existed between the Devils and the Olsens relating to annual renewal …