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.

December 30, 2014 Antitrust

Fighters Take on UFC in Antitrust Bout

On Wednesday, December 24, a third antitrust lawsuit was filed against the UFC by fighters claiming the organization is a monopoly and illegally restrains trade.

The first two lawsuits, brought on December 16 and December 22, alleged that the UFC is engaging in illegal practices to eliminate competition from rival MMA promoters. The activities include counterprogramming, demanding venues and sponsors to sign exclusivity agreements, and taking rights fighters’ likenesses. This third claim alleges similar misconduct. The UFC allegedly prevents other promoters’ access to resources that …

December 29, 2014 Music / Trademark

Benihana and Benny Hunna Battle For Naming Rights

Benihana, the self-proclaimed “leading Asian themed restaurant chain in the world” (see Notice of Opposition), has brought it’s a-game in a trademark battle with Mississippi’s hottest up and coming rapper and entertainment mogul, Benny Hunna.

Benny Hunna, born Benny Hodges, is an aspiring rapper hailing from Mississippi who filed for a trademark of his rap name with the US PTO in May 2013 to use it as the name of the entertainment empire he is currently building. His name, however, caught the ear of …

December 28, 2014 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 3^rd, 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 …

December 27, 2014 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 …

December 23, 2014 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 …

December 20, 2014 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 …

December 19, 2014 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 …

December 15, 2014 Antitrust / MLB

David v. Goliath: Another Suit Brought Against MLB by Minor Leaguers

Four minor league players filed an antitrust lawsuit in San Francisco federal court against Major League Baseball (MLB), claiming that the league’s right of first refusal to resign the players impair their ability to negotiate when their contracts expire.

Calling the league a cartel, the complaint said the players are “powerless to combat the collusive power of the MLB cartel.” It further claimed that “MLB continues to actively and openly collude on many aspects of minor leaguers’ working conditions,” including wages and contract terms. Especially, …

Pistol Pete Lawsuit Put to Pasture

On Wednesday, December 3, 2014, Oklahoma State University and New Mexico State University defuse their duel over the classic ‘Pistol Pete’ mascot with a nominal licensing agreement.

OSU originally brought the copyright infringement lawsuit back in October, protecting its 80 year old trademark from the similar-looking classic NMSU logo. In 2005, NMSU began to phase out the classic logo in favor of a widely unaccepted, but modernized ‘Lasso Larry.’ The New Mexico State Aggies now use an updated version of a pistol-toting cowboy that avoids …

December 12, 2014 Contract / MLB / NBA / NFL / NHL

The Problem of Earning Too Much Too Fast

It is not uncommon to hear about sports stars and entertainers going broke. Often, with the influx of large sums of money, they are clueless how to handle and preserve it wisely. This is especially true with younger athletes.

Many athletes land multimillion dollar contracts at a young age, sometimes right out of high school. At such a young age, these athletes have little to no financial experience. Yet, suddenly they find themselves thrust into a situation requiring a significant amount of knowhow. They have …