Sports Law

Searching For A Sports Lawyer Expert Witness?

Are you involved in a case where there is a need for expert witness testimony from a sports lawyer? Is there a party who is an athlete with an alleged loss of economic opportunity, a sports-specific question that is highly nuanced such as one relating to athlete agent laws or NCAA policy, or do you […]

Negligence Sports Law

When Is A Waiver Of Injury Enforceable In The State Of Florida

On January 6, 2021, a high school athlete, Ethan Elalou, appealed a final judgment from the Circuit Court for the Seventeenth Judicial Circuit of Broward County in favor of the School Board of Broward County on an executed pre-game release waiver form that barred his claim of negligence against the school board. On appeal, Elalou […]

Contracts Headline Sports Law

How Much Should Jimmy Graham Cash-in?

Compare the following stats: Player A: 84 receptions, 1,492 yards, 17.8 avg. yards/catch, 12 TDs Player B: 86 receptions, 1,215 yards, 14.1 avg. yards/catch, 16 TDs Player C: 52 receptions, 850 yards, 16.3 avg. yards/catch 13 TDs If you guessed that Player A and Player B were two of the top receivers for the 2013 […]

Headline Sports Law Workers Compensation

Florida Professional Athletes Affected By New Workers Compensation Law

In January 2011, the National Football League Players Association (NFLPA) released a report titled, “Dangers of the Game of Football.”  In the report, the NFLPA wrote that injuries went from 3.2 per week to 3.7 per week in 2010.  Further, 63% of NFL players were injured during the 2010 season compared to a 59% average […]

Headline Sports Law Torts

NFL Players Receiving Adequate Warning Regarding Concussions

Roughly 9,000 lawsuits have been filed against tobacco companies in Florida based on claims that for many years tobacco companies failed to warn smokers about the dangers and addictive capacity of cigarettes.  The class of potential plaintiffs is huge, as many people across the country have smoked cigarettes at one point in their lives.  The […]

Headline Intellectual Property Right of Publicity Sports Law

Sam Keller Seeks To Protect Athletes’ Right of Publicity

Here is a sample definition of likeness – name, silhouette, personality, appearance, performance, depiction, portrayal, photograph and voice.  It is an integral definition in many licensing agreements where one party hopes to be able to exploit the other party, usually for a hefty fee.  What if you were not entitled to just compensation for the […]

Headline Intellectual Property Right of Publicity Sports Law

New Right Of Publicity Legislation Could Negatively Impact Athletes

Very talented athletes stand to make more money from off field/court/ice/etc. activities than what they earn based on performing in the trade that they are truly qualified.  Agents, attorneys, and marketers attempt to find and negotiate these deals for their athlete clients.  Often times, those deals are licensing agreements, or at least contain provisions that […]

Contracts Intellectual Property Sports Law Trade Secrets

Sports Agent Sues Former Client/Employee For Trade Secret Misappropriation, Breaching Non-Compete, Etc.

On October 6, 2010, Willis & Woy Sports Group, L.L.C., and Jordan Woy v. Horace Smith, et al. was filed in a district court in Dallas County, Texas.  In the petition, application for temporary restraining order, and application for injunctive relief, Jordan Woy alleges that former client and Willis & Woy employee, Horace Smith, used […]

Contracts Headline Professional Responsibility Sports Law

Bad Contract Drafting Leaves The Los Angeles Dodgers Ownership Unknown

One of the first things any law school student will learn in what is usually a 2L Legal Drafting course is that punctuation, grammar, and sentence structure really do matter.  I remember my professor telling us that the placement of a single comma affected whether the plaintiff in a case would be given a $2+ […]

Headline Intellectual Property Sports Law Trademarks

The University of South Carolina v. The University of Southern California

The University of South Carolina and University of Southern California have had their fair share of battles this year.  Both schools have mostly defeated the competition, each with only one loss thus far this season.  The two schools have also had to deal with NCAA scrutiny.  Southern California has a 2-year bowl ban, 4 years’ […]