Articles

01.15.16

It's Hard to Move an NFL Franchise to the High Ground

If a manufacturer of widgets wanted to move his factory from St. Louis to Los Angeles, it would probably not cause any legal problems. If an association of 32 widget manufacturers decided that such a move should (or shouldn't) be made, the antitrust laws, which prohibit concerted activities ...


01.13.16

Typical Monday Night Football: Little Said About Education

The college football championship game last Monday night was an exciting contest between two superb teams. The fact that education is the primary mission of the institutions they represent, however, was barely mentioned in the telecast. In fact, it seemed irrelevant. This was an athletic ...


01.12.16

Congress Approves Export of U.S. Crude Oil

On December 18, President Obama signed into law HR 2029, the Consolidated Appropriations Act of 2016, the so-called Omnibus Appropriations bill. This $1.15 trillion measure funded the Federal Government through FY 2016. Included in this seemingly unrelated Omnibus package were provisions that ended ...


01.11.16

Barriers for Using ACOs for Multipayer Contracting

In the initial rules governing the Medicare Shared Savings Program (MSSP) released in 2011, the Centers for Medicare and Medicaid Services (CMS) stated that it intended for the MSSP to create a platform for multipayer value-based purchasing. Once nascent accountable care organizations (ACOs) gained ...


01.10.16

Predictions on the Future of Digital Media

It's pundit time - this time, digital media style. Last year I predicted challenges to YouTube's dominance in online video, a beginning of cord cutting and the unbundling of video services, and an explosion in short form video content. This year the media landscape will continue to shift as VR ...


01.08.16

New Venue for Youth Sports: The Civil-and Criminal-Courts

Last month there were two legal developments in California that may have a substantial impact on youth sports: felony assault and battery charges against a 15-year-old high school water polo player for breaking an opponent's nose during a game, and a case allowed to proceed to trial next spring ...


01.04.16

Sports Ethical Dilemma: 105 MPH Fastball vs. Domestic Violence Allegations

Last week the Speaker of the NYC City Council, whose district includes parts of the Bronx near Yankee Stadium, said that she is considering boycotting Yankee games next season because the Yankees recently acquired, in a trade with the Cincinnati Reds, Aroldis Chapman, who has been the subject ...


01.01.16

Digital Media Trends That Will Define 2016

Unlike the mega-M&A that dominated digital media in 2014 (Disney/Maker Studios, Apple/Beats Music, Facebook/Oculus), one story dominated digital media in 2015: Netflix and an increasing number of premium content-focused over-the-top video services ascended and accelerated the unbundling of ...


12.28.15

Odell Beckham Jr.'s Disciplinary Proceeding Is A Model Of Sports Justice And Efficiency

Sunday, December 20, Odell Beckham, Jr., of the New York Giants was accused of committing on-field unnecessary roughness, on the following day he was suspended for a game by an NFL official subordinate to the Commissioner, two days later Beckham's appeal was denied and December 27, he served ...


12.24.15

A Closer Look at 'Accidental Contracts'

It's not all that unusual to see such a term sheet calling for, say, a 20-day due diligence period. This is apparently supposed to be impressive to the seller, showing that the buyer is a can-do player. Unfortunately, unless the title work and survey have already been completed, it is very ...