LATEST INSIGHTS

Litigation

Not Enough Evidence to Charge Winston in Rape Accusation

Florida State University Quarterback, Jameis Winston, will not face any discipline from Florida State University stemming from the 2012 rape accusation brought against him after he was cleared of any conduct code violations.

Winston was subject to a two day investigative hearing, ending on December 3rd, presided over by Justice Major Harding.  In his decision, Harding wrote “the evidence must show that it is more probable than not that you are responsible for the charged violations.  After a thorough review, the evidence before …

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Concussions / NCAA

NCAA Concussion Settlement Denied

On Wednesday, December 17,  federal  Judge John Lee denied preliminary approval of the proposed concussion settlement between the NCAA and the class of current and former NCAA athletes.

The settlement was submitted at the end of July  and proposes $70 million to fund medical monitoring and testing of injured athletes.  The deal also sets aside $5 million for concussion-related research.  The judge denied the settlement, however, taking issue with several aspects of the deal.  The judge expressed concern that $70 million simply would not be …

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Litigation / NFL

NFL Painkiller Suit Denied

On Wednesday, December 17, Judge Alsup, for the US District court for the Northern District of California, dismissed a complaint brought by ten ex-NFL players back in May, that claimed the NFL was negligent in failing to oversee individual teams’ painkiller policies.

The class action lawsuit, led by former Chicago Bears’ defensive end Richard Dent, stems from team doctors and trainers liberally administering prescription painkillers, anti-inflammatories, opioids, and local anesthetics to keep players on the field during injuries.   The players brought the claim to …

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Fraud / TV

Reality TV Star “Bridezilla” Charged with Workers’ Compensation Fraud

Anita Maxwell, a guest on Season 4 of the reality television show “Bridezillas” in 2007, was recently arraigned in California on multiple felony charges stemming from allegations of workers’ compensation fraud resulting in improper receipt of over $40,000 in benefits.

Maxwell, who also was left at the altar during her appearance on the popular show, was employed by the Cedars-Sinai Health System and came under investigation in 2012 after a claim for a neck, back, and shoulder injury.  Reportedly, Maxwell denied pre-existing conditions although she …

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Antitrust / Music

Apple Wins $1 Billion iTunes Antitrust Case

After only three-hours, the jury in a 10 year old dispute reached a verdict favoring Apple.  The federal jury found that Apple’s iTunes 7.0 software was a technological improvement for iPods rather than an attempt to monopolize digital music.

Along with improvements such as the addition of games and movies to iPods, iTunes 7.0 included FairPlay.  FairPlay was a digital rights protection system that only permitted songs purchased through iTunes or on CDs to play on iPods.  Songs purchased from competitors would not work.  …

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Concussions

Non-Contact Sports Players Expect to Be Added in NCAA Concussion Lawsuit

Seven more players from non-contact sports such as golf, baseball, and volleyball are expected to be added as named plaintiffs in the NCAA concussion lawsuit which is in the middle of a settlement approval process by U.S. District Judge John Lee.  The NCAA and the players reached a preliminary settlement in July that would establish a $75 million fund for concussion related research as well as for diagnosis of current and former players for brain.

At a preliminary approval hearing in October, Judge Lee asked …

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Litigation / NFL

NFL Players Association Sues NFL over Adrian Peterson’s Suspension

Following the arbitrator’s decision on Friday that upheld Adrian Peterson’s suspension by the league, the NFL Players Association (“NFLPA”) filed a suit in U.S. District Court in Minneapolis.

According to the filing, the NFLPA claimed that arbitrator Harold Henderson was prejudiced and unfair in affirming the suspension.  The NFLPA argued Henderson’s former executive position at and financial ties to the NFL make him biased.  Moreover, it further claimed that the decision ignored due process and followed the NFL’s new policy, which was implemented without collective …

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NFL

Bad Press For The NFL Leads to Enhanced Personal Conduct Policy

In the wake of countless controversies of the NFL regarding sexual assaults and domestic violence, the NFL has officially announced that it has a revised and strengthened Personal Conduct Policy for all NFL employees. Over the past several months, domestic violence has been a prevailing problem in the NFL with two of the most notorious instances revolving around Ray Rice, former running back and Super Bowl Champion with the Baltimore Ravens, and Adrian Peterson, suspended running back for the Minnesota Vikings.

Rice, originally known for …

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Intellectual Property, Copyright, and Trademark

Nike Sues Three Former Top Designers After Move to Adidas

On December 8, Nike filed suit against three of its former designers after they left to work for Adidas.  According to Nike’s suit, Dennis Dekovic, Marc Dolce, and Mark Miner violated their non-compete agreement and stole trade secrets from their former employer.

The lawsuit seeks more than $10 million in damages and an injunction preventing the trio from opening a new design center called Brooklyn Design Studio.  Allegedly the studio is a replica of Nike’s Innovation Kitchen.  Nike claims it will suffer irreparable harm and …

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Concussions

Recent Poll: Half of Americans Don’t Want Their Son to Play Football

Despite football’s popularity as a spectator sport, according to a recent Bloomberg Poll, half of American’s don’t want their son’s playing the game.  Those statistics are even gloomier among the educated; sixty-two percent of college-educated survey respondents said they wouldn’t want their son to play.

Many suggest this decline is attributable to the attention on the negative health impacts of the sport.  Concussions have been a large stumbling block for the NFL.  A vast number of former players have alleged they suffer long-term effects …

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