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.

June 18, 2015 Litigation

The Price Of Poor Security: California Judge Refuses To Throw Out Sony Employee Negligence Claims

On December 24, 2014, Sony Pictures Entertainment was hacked by a group calling itself the Guardians of Peace, believed to be associated with North Korea. During the hack, personal information about Sony employees was compromised. Not long after, an action was brought by Sony employees against the company itself. The case is Michael Corona, et al. v. Sony Pictures Entertainment, Inc.

The lawsuit claims that Sony’s negligence caused a massive data breach, and that the plaintiffs suffered harm in the form of expenses …

June 18, 2015 Intellectual Property, Copyright, and Trademark

WWE Takes A Jab At Data Transfer Efficiency Claim

A patent infringement suit was filed in Texas federal court in February by Orostream LLC against several companies including Fox News Network LLC, NFL Enterprises LLC, Target Corp., and World Wrestling Entertainment. The suit alleges that defendant companies infringed upon Patent No. 5,828,837, titled “Computer Network System and Method for Efficient Information Transfer.”

WWE recently filed for the invalidation of the part of the patent that Orostream LLC is claiming sports and entertainment companies are infringing upon through the use of their mobile content …

June 18, 2015 Copyright

Stuffed: Photographer’s Claim Against Nike Dismissed

Oregon District Judge Michael W. Mosman issued a ruling on Tuesday dismissing a lawsuit alleging that Nike Inc.’s “Jumpman” logo was an improper reproduction of a picture taken of Michael Jordan by the plaintiff photographer in 1984.

The judge wrote:

“[a]lthough at first glance there are certainly similarities between the two expressions of the pose, a closer examination reveals several material differences … In the context of thin or very close to thin copyright protection, these differences lead me to find that the

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 …

June 16, 2015 Concussions / NCAA

NCAA Concussions: Conflict Between Plaintiff And Plaintiff’s Attorney Continues

Recently, ex-NCAA football player, Saints wide receiver, and lead plaintiff in NCAA concussion litigation Adrian Arrington claimed that he never agreed to a $75 million proposed concussion settlement that is currently under review by an Illinois federal court judge. He subsequently fired Joseph Siprut, his attorney.

Joseph Siprut fired back on Thursday, stating that Arrington’s claims that he never agreed to the $75 million deal and that he was misinformed were “demonstrably false.” Siprut further explained:

“It is absolutely a false statement that [Arrington]

June 15, 2015 NFL

Adrian Peterson Suspension: NFL Contends its Actions were Proper Despite Player Union Claims Otherwise

In 2014, Minnesota Vikings running back Adrian Peterson was suspended by the NFL after allegations surfaced that he had been disciplining his 4-year-old son with a wooden switch.

After Peterson’s suspension, the NFL Players Association filed a grievance on Peterson’s behalf against the NFL. The Association claimed that the NFL’s suspension of Peterson was retroactive punishment which is prohibited by NFL’s collective bargaining agreement. The Association contended that the NFL disciplinary policy that was in place at the time the events allegedly occurred dictated that …

June 14, 2015 Litigation

Protecting an Image: Michael Jordan Opposes Proposed Jury Instructions in Appropriation of Likeness Suit

As we’ve mentioned before, Michael Jordan’s appropriation of likeness lawsuit has been allowed to continue.

This all started in 2009, when an advertisement was published in a special edition of Sports Illustrated, which was produced to commemorate Michael Jordan’s induction into the hall of fame. The advertisement was one by Jewel Food Stores, Inc., a Chicago-run supermarket chain, and it congratulated Jordan on his induction.

Now, six years later, the grocer and Michael Jordan are embroiled in a civil lawsuit in which the NBA …

June 13, 2015 Concussions / Litigation / NCAA

NCAA Concussions: Unhappy with Proposed Settlement, Player Fires Attorney

Former NCAA football player and Saints wide receiver Adrian Arrington said in a statement on Tuesday that he wants the Illinois federal judge considering a $75 million NCAA concussion settlement, in which Arrington is a lead plaintiff, to reject it. He claims that the first time he learned about the settlement was not from his attorney, but through the media:

“I feel that I have been misinformed and the preliminary settlement doesn’t address the reasons I filed the lawsuit in the first place …

June 12, 2015 Contract / Soccer

Worse Than A Penalty Kick: NASL Files Suit Against Oklahoma City Ownership

On Friday, June 5, the North American Soccer League filed suit against Tim McLaughlin, the owner of an Oklahoma City professional soccer franchise, seeking more than $2 million in damages. This claim arose due to McLaughlin improperly withdrawing from the league, thereby breaching a contract that he signed with the NASL in 2013.

In 2013, negotiations began as to the Oklahoma City soccer franchise’s entry into the NASL, which, according to the complaint, included McLaughlin purchasing an interest in the league and signing a payment …

June 11, 2015 MLB

Baseball And Broken Bats: Woman Injured At Fenway Park May Have Limited Recovery Rights

A spectator named Tonya Carpenter sustained serious injuries after being struck by a broken piece of a baseball bat at Friday night’s game between the Boston Red Sox and the Oakland Athletics at Fenway Park. Her condition has since been upgraded to fair.

The question however remains: what sort of civil liability will Fenway Park, the Red Sox, and other associated parties face?

Baseball has long been known as America’s pastime, and for spectators, it has always posed some degree of risk. In response to …