StubHub Antitrust Suit Dismissed

The Golden State Warriors, the NBA’s reigning champions, won another victory last week, this time in the courtroom. On Thursday, November 5, 2015, a federal judge dismissed StubHub’s antitrust action against the Warriors and Ticketmaster.

StubHub filed suit in April, alleging that the Warriors violated the Sherman Antitrust Act by restricting the resale of season tickets to Ticketmaster’s platform. The complaint alleged that the Warriors threatened to revoke ticket privileges, deny first bid at playoff tickets, and refusal to invite ticket holders back next …

October 21, 2015 Litigation / NBA

Class Action Filed Against NBA Video Game Developer

On Monday, October 19, 2015, two Illinois residents filed a proposed class action lawsuit against Take-Two, a video game publisher, developer, and distributor, alleging violation of privacy rights.

The video games in question are Take-Two’s NBA 2K15 and NBA 2K16 for PlayStation 4 and Xbox One gaming platforms. According to the complaint, Take-Two integrates PS4’s camera and Xbox’s Kinect camera into the games, allowing users to create NBA players with a “personally identifying facial rendition.” The plaintiffs argue that this feature constitutes illegal collection of …

October 14, 2015 NBA

Ex-Knick Entitled to Workers’ Compensation Benefits Under California Law

On October 1, 2015 the Court of Appeal of California, Second Appellate District, concluded that former NBA player Durant “Rudy” Macklin was entitled to workers’ compensation benefits.

Macklin, a former Louisiana State University standout, was drafted by the Atlanta Hawks and played two seasons with the team before being traded to the New York Knicks. Macklin would later sign a contract with the Los Angeles Clippers though he never played an NBA game for the team. Macklin alleged: (i) that while he was with the …

September 29, 2015 Litigation / NBA

More Cheerleaders are Chiming in: Milwaukee Bucks Dancers File Wage Action, Joining Trend

On Thursday September 24, 2015, former Milwaukee Bucks cheerleading team member Lauren Herington filed a class action against the NBA organization regarding minimum wage violation allegations. Herington represents a class of current and former Bucks cheerleaders/dancers, aptly named, the “Bucks Dancers.”

The lawsuit was brought under the federal Fair Labor Standards Act and pursuant to Wisconsin state wage and hour laws. The action is seeking increased wages and damages, in addition to injunctive relief for attorneys’ fees, unpaid overtime wages, and unpaid minimum wages. The …

September 15, 2015 Litigation / NBA

Those Pesky CBA’s: The Strife of Bismack Biyombo’s Former Agent

In June 2014, agent Igor Crespo sued his former client, NBA center Bismack Biyombo, for breach of their player-agent contract. The action, however, will now be limited pursuant to a recent order issued by Justice Saliann Scarpulla of the New York Supreme Court (New York’s trial court level) on September 4, 2015.

The initial complaint filed claims against Biyombo for breach of contract, unjust enrichment, and tortious interference of contract. The damages are alleged at $2 million. In particular, Crespo claims that, under the …

August 17, 2015 Celebrities / NBA

Don’t Approach MJ for Endorsement Deal Unless You’ve Got $10M in Your Pocket

Michael Jordan is a man who may not be an expert in running a basketball team but seems to know how to capitalize on his name, image, or likeness.

Jordan’s advisor Estee Portnoy testified that for a business proposal to reach Jordan’s desk, the deal must be at least $10 million. Portnoy also said that rather than signing on a one-time use, Jordan typically bundles up his image rights and endorsements into a package to protect the value of his brand.

Portnoy testified on …

August 12, 2015 Litigation / NBA

The First Domino: Donald Sterling Files Suit Over 2014 Release of Audio Recordings

The saga of former Los Angeles Clippers owner Donald Sterling took another turn on Friday when he filed a lawsuit against TMZ Productions Inc. and V. Stiviano, his former mistress.

The lawsuit arises out of recordings taken by Stiviano of conversations between she and Sterling in which Sterling made a number of racist comments. One such comment involved him rebuking Stiviano for posing in a photograph with former NBA star Magic Johnson. The conversations occurred in September 2013, and were released in April 2014. Sterling …

July 20, 2015 NBA / NFL

Growing Up Big and Strong: FanDuel Raises $275M in Financing

On Tuesday, July 14, daily fantasy sports website FanDuel Inc. announced that it brought in $275 million after closing a round of financing, bringing its total venture capital funding to $363 million. The funding is led by private equity firm KKR, Google, and Time Warner, and the company stated that it plans to use the financing to boost customer acquisition efforts, introduce new products, and build its management team.

Additionally, the company noted that several NFL and NBA team owners participated in the funding round …

June 17, 2015 NBA

Swoosh: Nike Scores $1 Billion NBA Jersey Deal

The NBA has recently announced an eight-year global merchandising and marketing partnership with Nike, Inc. that will begin with the 2017-18 NBA season. Pursuant to the agreement, Nike will become the official oncourt apparel provider for the NBA. The deal will make Nike the first ever apparel provider to have its logo appear on NBA uniforms.

This comes after German apparel manufacturer Adidas, the NBA’s previous official outfitter, bowed out of the running for the uniform contract. In securing the contract, Nike reportedly beat out …

January 20, 2015 Legislation / NBA / NCAA

Christie and the Horsemen Ask the Third Circuit to Vacate Injunction & Open the Door to Sports Betting in NJ

On Wednesday, January 14, New Jersey Governor Chris Christie filed a brief with the Third Circuit US Court of Appeals, seeking to overturn the district court decision enjoining recent legislation that would open the door to some sports gambling in New Jersey.

The 2014 law in question was passed to effectuate a partial repeal of prior New Jersey law that prohibits betting on sports within the state. The partial repeal would allow casinos and racetracks within the State of New Jersey to facilitate sports betting. …