February 24, 2020 Advertising / Concussions / Fraud / Litigation

False or Frivolous? The Court Will Decide Whether Concussion Testing Company’s Claims are Valid

ImPACT Applications, Inc. filed suit on October 29, 2019 against its competitor, Concussion Management, LLC f/k/a XLNTbrain, LLC in the U.S. District Court for the District of Maryland. In its complaint, ImPACT alleges that XLNTbrain falsely advertised its products and services in violation of the Lanham Act. In addition, ImPACT alleges that XLNTbrain engaged in unfair competition practices.

Both companies market concussion assessment and management testing products with companion software. While both companies sell similar products, there are some notable differences. For one, ImPACT is …

February 10, 2020 Litigation / NCAA

Hazing Gone Wild: Failure to Stop Football Team Hazing, Penn State Sued

On January 13, 2020, former Penn State football player Isaiah Humphries filed a complaint in the U.S. District Court for the Middle District of Pennsylvania against teammate Damion Barber and head coach James Franklin. Humphries alleges that he and some of his teammates were subjected to harassment, sexual hazing, and abuse at the hands of Barber and other upperclassmen teammates In addition, Humphries states that the coaching staff was aware of the hazing and did nothing to stop it.

Humphries’ complaint states that, on multiple …

January 15, 2020 Fraud / Golf

Going for the Green: Investors Seek Win in Second Circuit

In 2014, shareholders of the for-profit corporation Winged Foot Holding Company (WFHC) filed suit alleging the company had breached its fiduciary duty under New York Business Corporation Law Section 720 and unjustly enriched itself. This suit stems from the WFHC Directors’ 2013 extension of a 1947 lease agreement to use the golf club grounds. Under the lease agreement, the annual rental payment is $30,000.

In their complaint, filed with the U.S. District Court for the Southern District of New York, the shareholders alleged that WFHC’s …

December 19, 2019 Ethics / Gambling / Litigation / Sports Betting

NCAA Game Rigging Scheme: From Working in Politics to Working with the Mafia

Benjamin Bifalco, a 25-year-old former political staffer for a New York State Assemblyperson, was arrested in October 2019 for his role in attempting to rig an NCAA basketball game. He is expected to plead guilty on the charges.

Previously, we reported Bifalco was charged with violating 18 U.S.C. Section 224(a), which makes it unlawful to influence a sporting contest “in any way, by bribery. . . .” Per the indictment, Bifalco is alleged to have “knowingly and intentionally attempt[ed] to . . . influence by …

December 5, 2019 Advertising / Boxing / Litigation

What a Knockout! Disgruntled Fans Suit Down for the Count

The May 2, 2015 match between Floyd Mayweather Jr. and Manny Pacquiao, promoted as the “Fight of the Century,” saw two of this generation’s most prominent figures in boxing go head-to-head for 12 rounds. However, many fans were less than pleased with the outcome of the fight after the Pacquiao camp’s post-fight revelation.

At the conclusion of the match, a “three-judge panel [unanimously] declared Mayweather the overall winner of the match,” the Ninth Circuit said. That same panel declared Pacquiao the “winner of between two …

November 6, 2019 Antitrust / Contract / Legislation / Litigation / NCAA

NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation.

The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the …