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.

May 18, 2015 Litigation / NFL

Brady Suspended 4 Games for Role in Deflategate and Obstructing the Investigation

On Monday, May 11, the National Football League punished Tom Brady and the New England Patriots for their roles in the “Deflate Gate” scandal and its subsequent investigation.

Relying on the importance of protecting the integrity of the game, the NFL suspended Brady without pay for the first four games for the 2015-2016 season, fined the team one million dollars, and stripped the team of their 2016 first round draft pick and 2017 fourth round draft pick.

The punishments come only 5 days after the …

May 14, 2015 NFL

Deflate-gate Findings Could Mean Discipline for Patriots and Brady

On Wednesday, May 6, independent investigator Ted Wells released the findings of his investigation into the “Deflate-gate” scandal, reporting that “it is more probable than not” that Patriots personnel intentionally violated the rules.

During the AFC title game, 11 of the 12 footballs supplied and used by the New England Patriots were tested and found to be under-inflated beyond the league required 12 .5 psi. When this information was released to the public the following day, accusations and conspiracy theories began to fly. Many of …

May 11, 2015 Boxing / Litigation

Class-Action Lawsuit Filed Against Pacquiao for Failing to Disclose Injury Before Fight

On Tuesday, May 5, boxing fans brought a class-action lawsuit against Manny Pacquiao and members of his promotion team for failing to disclose a shoulder injury prior to Saturday’s “Fight of the Century” against Floyd Mayweather.

The lawsuit was filed by two fans on behalf of “all persons who purchased tickets, purchased the pay per view event or who wagered money on the event.” The fans claim damages in the amount of $5 million stemming from the conspiracy surrounding Manny Pacquiao’s shoulder injury. The plaintiffs …

May 6, 2015 Litigation / NCAA

NCAA Argues Against Class Certification in Scholarship Cap Litigation

On Thursday April 30, the NCAA and a group of the major conferences argued against class certification in the scholarship cap lawsuits, trying to deny their consolidation into one class-action.

The lawsuits, brought by former West Virginia football player Shawne Alston and former Clemson football player Martin Jenkins, claim antitrust violations resulting from the current rules the NCAA imposes on the amount in scholarship aid that schools may offer their student-athletes. The players argue that rules against aid in excess of the cost of …

May 5, 2015 Contract / NFL

Jay-Z’s Roc Nation Sued by Official Brands over “ThrowUpTheX” Business

Official Brands, a sports marketing firm that helped to build Dallas Cowboys receiver Dez Bryant’s “ThrowUpTheX” brand, filed a lawsuit against Roc Nation, alleging that Roc Nation poached the representation of Bryant from it.

According to the court documents filed, Official Brands alleged Bryant requested the company’s vice president, Ryan Toka, to manage his off-field interests that resulted in the two-year contract Bryant signed with Official Brands in 2014.

Official Brands claimed that under the agreement it provided “unprecedented services” to build “ThrowUpTheX,” including handling …

May 1, 2015 Music / Trademark

Katy Perry’s “Left Shark” Design Fails to Overcome Trademark Hurdles

The U.S. Trademark Office blocked Katy Perry’s attempt to capitalize on a “Left Shark” design. According to David Collier, the trademark examiner, to be able to register a trademark, a mark or design must “function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.” Based on evidence submitted by Perry, the Office found that the shark design failed to sufficiently conjure up Katy Perry or her music performance. Collier also noted that …

April 30, 2015 Boxing / Litigation

Keeping the Combat Out of Court: Why Bar and Restaurant Owners Should Be Careful Showing Mayweather v. Pacquaio

This Saturday, May 2nd, hundreds of millions of viewers are expected to tune in to what is being titled the “Fight of the Century.” Floyd “Money” Mayweather brings his 47-0 professional record to the MGM Grand in Las Vegas for the long-awaited fight against eight-division world champion Manny Pacquiao.

Fans have been calling for this bout since 2009. With six years of hype and several failed negotiations preceding it, the match is expected to pulverize previous pay-per-view records and become the highest grossing fight in …

April 30, 2015 Litigation / NHL

NJ Devils Sued for Restricting Resale of Season Tickets

Two NJ Devils fans filed a class action lawsuit against the team, alleging that the team restricts the resale of tickets by season ticket holders. According to the court document, the Devils only allows season ticket holders to resell their individual tickets exclusively through Ticketmaster, the team’s designated reseller. If a ticket holder chooses to sell the ticket by other means, including websites like StubHub.com, the team cancels season tickets or charges extra fees.

The two plaintiffs Rey Olsen and Alex Olsen argue that the …

April 27, 2015 Concussions / Litigation / NFL

NFL Concussion Settlement Likely to be Appealed for Failing CTE Victims

The estate of former Chicago Bears safety, expressed an intention to appeal the approval of the most recent settlement between the NFL and retired players over the concussion litigation, which looks to pay out almost $1 billion in compensation.

Wednesday’s settlement provides the greatest amount of relief any of the prior settlements have offered, lifting the $765 million cap that once restricted the amount the NFL would pay out. Under the settlement, players would receive compensation in varying amounts for varying diseases; a diagnosis …

April 24, 2015 Doping / MLB

Barry Bonds Absolved of Obstruction Conviction

On Wednesday, April 22, the Ninth Circuit Court of Appeals reversed Barry Bonds’ conviction for obstruction of justice stemming from questionable testimony given in front of a grand jury in 2003 regarding the use and distribution of illegal steroids.

Bonds was summoned to testify before a grand jury in 2003 about his alleged use of performance enhancing drugs. During the proceedings, Bonds was questioned for nearly three hours. In 2007, he was charged with making false statements and obstructing justice. Trial did not begin until …