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.

September 26, 2019 Labor & Employment / NCAA

New York Introduces Bill Entitling College Athletes to Ticket Sale Proceeds

New York Sen. Kevin S. Parker (D-Brooklyn) recently introduced a bill that would allow college athletes to become eligible to receive compensation.

The bill would allow college athletes to sign endorsements, but was recently amended to allow athletes to also enjoy a 15 percent cut of the income generated from ticket sales. This change comes after reports revealed Parker planned to add language that required schools to share 15 percent of all athletics revenue with athletes.

“At the conclusion of each school year, each college …

September 25, 2019 Basketball / Contract / Labor & Employment / Litigation / NCAA

Scandal, Lawsuit, Settlement: Louisville, Pitino Reach an Accord

The University of Louisville Athletic Association (ULAA) and ex-coach, Rick Pitino, reached a settlement on September 18, 2019, following a two-year legal battle. Previously, we reported that Pitino was terminated following the NCAA’s investigation into alleged inappropriate recruitment practices by the Louisville men’s basketball team.

As a result of the investigation, the NCAA forced the University of Louisville to vacate many of its wins, including the school’s 2013 national championship. Following the NCAA’s actions, the university terminated Pitino’s employment in October 2017.

In November 2017, …

September 24, 2019 Antitrust / Legislation / NCAA / Sponsorships

The Battle for Student-Athlete Pay Rages: New York Joins the Movement

California’s state legislature passed The Fair Pay for Play Act (SB-206), which is designed to allow student-athletes to earn compensation through the use of their name, image, and likeness. Previously, we reported that two South Carolina state lawmakers intend to introduce a similar bill.

On September 23, 2019, the Empire State joined the movement after New York State Sen. Kevin S. Parker introduced a bill similar in language to the bill California recently passed. Parker believes this is about equity. He understands that student-athletes are …

September 23, 2019 Antitrust / Legislation / NCAA / Sponsorships

Catching Fire: South Carolina Lawmakers to Follow California’s Pay-to-Play Bill

The passage of California’s Fair Pay to Play Act (SB-206) has sparked a movement among state legislatures on the east coast. South Carolina intends to join the fray.

South Carolina State Senator Marlon Kimpson says that he and South Carolina State Representative Justin Bamberg plan to introduce a bill that will permit college athletes to make money from the use of their names, images, and likeness. In addition to collegiate athletes earning a $5,000/year stipend, the bill will allow them the opportunity to earn money …

September 23, 2019 Concussions / Hockey / Labor & Employment / Litigation / NHL / Uncategorized

A Widow’s Fight Against the NHL Faces Procedural Hurdle

Often, when lawsuits involve sports-related brain and head injuries (CTE), it’s easy to assume that the NFL is involved. However, concussion-related lawsuits are not solely confined to professional football.

In 2018, the NHL was engulfed in concussion litigation. Kelli Ewen, the widow of former NHL player, Todd Ewen, filed a lawsuit against the NHL in the U.S. District Court for the Central District of California. In her complaint, Ewen alleges that the NHL promotes a culture of “violence and concealment of long-term brain injuries associated …

September 20, 2019 Antitrust / Legislation / NCAA / Sponsorships

California Prepared to Battle the NCAA Over Pay-to-Play

The California Senate unanimously voted to pass the California Assembly’s version of the Fair Pay to Play Act (SB-206) on September 11, 2019. The bill will allow student-athletes to earn compensation through endorsements or sponsorships. If signed by California Gov. Gavin Newsom, the bill would take effect January 1, 2023. If the governor does nothing, or he does not veto the bill, then the bill becomes law.

Paying student-athletes for use of their name, image, and likeness contradicts current NCAA rules and regulations regarding student-athlete …

September 20, 2019 Basketball / Intellectual Property, Copyright, and Trademark / NBA / Trademark

LeBron’s “Taco Tuesday” Trademark Blocked

The United States Patent and Trademark Office (USPTO) has rejected LeBron James’ application to trademark the phrase Taco Tuesday. Having become a popular part of American food culture, Taco Tuesday is a common theme found at restaurants across the country.

Since the NBA offseason began, James recorded and posted videos celebrating Taco Tuesday. Some videos were with his family at the dinner table and other videos were by himself.

The USPTO explained its decision, stating that “Taco Tuesday” is a “commonplace term, message, or expression …

September 19, 2019 Antitrust / Legislation / NCAA / Sponsorships / Uncategorized

Collision Course: California’s Pay-to-Play Bill Takes Aim at NCAA

On September 9, 2019, the California State Assembly voted 66-0 to pass an amended version of the Fair Pay to Play Act. The bill now moves back to the state senate for a vote, which is likely to pass, putting the state on a collision course with the NCAA over its rules prohibiting student-athletes from being compensated for use of their name, image and likeness.

Previously, we reported that the California State Senate voted to pass the Fair Pay to Play Act (SB- 206) to …

September 19, 2019 Basketball / Fraud / Litigation / NCAA

Key Witness in NCAA Corruption Trial Avoids Prison Time

Munish Sood, a crucial witness in the NCAA corruption cases, will avoid both prison time and probation, a federal judge ruled.

Sood, a New Jersey financial adviser, admitted to paying bribes to a variety of people involved in college athletics. Included are two former assistant coaches: Lamont Evans, of the University of South Carolina, and Emanuel “Book” Richardson, of the University of Arizona, who each pled guilty and faced three months of prison time.

Government counsel requested leniency at Sood’s hearing, with attorney Noah …

September 18, 2019 Basketball / Celebrities / NCAA / Rights

Amended California Student-Athlete Bill Nabs Endorsement of LeBron James

A recent bill introduced to give student-athletes the right to earn compensation has garnered star support.

The bill, SB-206, was recently endorsed by Los Angeles Lakers star LeBron James. The superstar took to Twitter to voice his support for the recently amended bill that would allow students to receive compensation for the use of their names, images, and likenesses.

“Everyone is [sic] California – call your politicians and tell them to support SB 206! This law is a GAME CHANGER. College athletes can responsibly …