What: 2010 St. Thomas University School of Law Spring Symposium

Where: St. Thomas University School of Law (map)

When: Saturday, March 13, 2010 (8:30 a.m. – 5:15 p.m.)

Cost: Click here to pre-register.
Pre-Registration/On-Site
STU Law Students             $15 / $20
STU Students                     $15 / $20
Law Students (Non STU)   $20 / $30
General Admission             $20 / $30
Attorneys for CLE              $30 / $40

Spring Symposium Time Line Breakdown:

8:15 am – 8:45 am CHECK IN, REGISTRATION, BREAKFAST

8:45 am – 8:55 am PANEL I (Moot Court) / OPENING STATEMENTS

General introductions made by ESLS and Board Moderators

9:00 am – 10:00 am PANEL II (A) / NCAA Athletics: More than a Deal

Panelist: Anthony Hernandez (UM Athletics), Jamie Israel (UM Compliance), Monique Garcia (FIU Compliance)

A discussion of college sports including sponsorships, compliance, and other forgotten issues facing players, coaches, and attorneys

9: 00 am – 10:00 am PANEL II (B) /Homegrown and Stable?:  A Look at Web Based Content

Panelist: Sira Veciana-Muncio (Sony Pictures Entertainment), Dainira Falk (Discovery Communications), Ernesto Luciano (Yahoo! Latin America)

The internet has become a facet of everyday life but how sustainable is the content created for the Web?  What will the future hold regarding the shelf life of content and for deals structured around that content?

10:15 am – 11:15 am PANEL III (A) / Community Development through Sports

Panelist: Derek Jackson (The Marlins), Nancy Olson (Florida Marlins Community Foundation), Latoya Williams (Orange Bowl Committee)

Community development through sports includes working with the community, local school districts, and business organizations to provide a service which can cut across cultural divides. A look at the positive effects local sports teams can have in terms of creating jobs, bringing revenue, and promoting local vendors through partnerships.

10:15 am – 11:15 am PANEL III (B) / Hollywood or Hollywood, FL: Film Making Florida

Panelist: Melissa Exposito (Exposito Law), Ruth Paul (Screen Actors Guild), Fred Moyse (International Alliance of Theatrical Stage Employes)

Feature films and television have used South Florida as a backdrop for years.  What does the market look like currently?  What can be done locally to grow the industry? Discussion includes viewpoints from local attorneys, government, union officials, and production companies

11:30 am – 12:30 pm PANEL IV (A) Sports and Social Networking

Panelist: Johnny Williams (ProMotion Sports & Entertainment, LLC), Leslie Bauknight Nixon (Super Bowl Host Committee), Darren Heitner (Dynasty Athlete Representation)

Social networking’s explosive growth can be felt in all sectors of sports. A discussion of the legal influence or implications of Facebook, Twitter, My Space and other social networking tools on the four major professional leagues.

11:30 am – 12:30 pm PANEL IV (B) All the World’s a Stage: a Look at Theaters

Panelist: Louis Tertocha (Adrienne Arsht Center), Steven Eisenberg (Lipscomb, Brady & Bobadilla), Jeff John (Revolution Live)

Examining the issues dealing with venues; union issues, performance rights, insurance issues and the viability of managing theaters here in South Florida

12:30 pm – 1:30 pm LUNCH

1:45 pm – 2:15 pm KEYNOTE SPEAKER

Marc Stollman (S2BN Entertainment)

2:30 pm – 3:30 pm PANEL V (A): The Future of the Sports Business

Panelist: Jason Weiss (Arnstein & Lehr LLP), Jaime Vining (Lott & Friedland)

Possible Panelist: Kim Kolback (Kimberly Kolback, Esq.)

A discussion on the developing trends in contract negotiations, licensing, and IP rights tied to sports.

2:30 pm – 3:30 pm PANEL V (B): 360 and Beyond: The Future of Negotiations in Music

Panelist: Richard Wolfe (Ehrenstein Charbonneau Calderin), Marc Stollman (S2BN Entertainment), David Bercuson (David Bercuson, P.A.)

Declining album sales and a changing industry has given rise to the “360 Deal” which encompass taking a financial stake from the artist on all revenue points.  Is this the future?  What are other ways to survive the downturn in music profits?

3:45 pm – 4:15 pm CLOSING PANEL: Looking for a Client who is Looking for You

Panelist: Stephen Carlisle (Stephen M. Carlisle, P.L.), Darren Heitner (Dynasty Athlete Representation), Leslie Bauknight Nixon (Super Bowl Host Committee)

When seeking talent what are some pitfalls for an attorney to avoid?  What should they look for?  What are some of the murky ethical areas when courting potential clients?

4:15 – 5:15 pm RECEPTION

Toney was an accomplished boxer in his day. Holding belts in three separate weight classes, he was perhaps most famous for his 1994 super fight against Roy Jones Jr. Now Toney wants to mix it up for the UFC at the ripe age of 41, and one has to ask, why? I understand why James Toney would want to do this; the man is a fighter and the UFC is big business, but why is the UFC getting in bed with a fighter who has no MMA training and doesn’t really care to train MMA (even though he hired Juanito Ibarra, which wont make any difference) and that will bring a great deal of attention to the sport of MMA? Sounds like the UFC just took a step back to me. Don’t get me wrong, I love watching two guys stand up and fight each other, but the big picture here is that you want to legitimize the sport, not create a circus side show.

Adding to the craziness is that UFC legend and former champion, Randy Couture, has come out to say he would like to be Toney’s first test. Hopefully that doesn’t happen. The potential for viewers would be extremely high, but there has to be some deeper reasoning there and hopefully Dana White has the conscience to never make that fight happen. The potential for a good fight lies with another striker, but if James Toney was ever to win inside the octagon, I would have to believe that there would be no weight class to hold his ego.

Maybe I’m taking this too seriously. In the end, I just like to watch good fights, but I have an appreciation for smart business decisions and I don’t think that this is one of them. Dana White came out against Herschel Walker fighting MMA and that man was as dedicated to training and respectful of the sport as you can get. As always, it will be interesting to see how this plays out. Right now, however, it looks like the heavyweight division just got louder.

Please continue to post any questions or comments you may have and don’t forget to follow me on Twitter @zachlipari.

This year, CollegeInsider.com has made its competition a little more spicy, by bringing in Dynasty’s Danielle Wolfe into the fold as the one tasked with picking the winners on the catwalk.  CollegeInsider.com set Danielle up with her own page on the site, a Twitter account specially made for the competition, and has used her image throughout the site.

This is always a fantastic competition. sponsored by CollegeInsider.com, and we are happy to have Danielle be a part of it in 2010.

The movie interviews the different fighters in chronological order of when they fought Ali to tell the story of Muhammad Ali as a person, while giving insight to a different perspective than is normally expressed. The camera work and editing is sharp and the footage of Ali in the 50’s and 60’s was something I haven’t previously had the opportunity to see, and something that I found very interesting. The movie gives the opponents, some forgotten by time (at least in the mainstream), a face and a voice to go along with the legend that is Ali. The interviews are the main focus of the movie and all come off as being extremely honest and even therapeutic for the fighters. Facing Ali was the pinnacle of most of these people’s careers and is what they are remembered for in life, so to see the kind of respect they have for a man who they had to fight was touching and thought provoking. Stories such as the one from George Chuvalo, the Canadian Boxing Champion at the time, who fought Ali in 1966 and 1972, were filled with interesting anecdotes and amazing old video footage while also giving a glimpse into his life and things that he has gone through since his bouts with Ali. Joe Frazier, someone who Ali had bashed in the media as being an “Uncle Tom” and who had engaged in three separate wars with the man, was moved to tears when speaking of Ali in his current state since he has such great respect for him, a sentiment echoed by all of the fighters, something which was put nicely by former opponent and life long admirer, Ron Lyle when he said, “he can’t speak for himself, but we can speak for him.”

I would recommend this movie for someone who has a genuine interest in learning about Ali as a man, and what kind of impact he had on other people. It was sad to see some of his opponents in their current shape who, like Ali, have deteriorated mightily since their hay day in the ring, but they deserve to have their stories told more so than the usual “boxing experts” that you usually see in documentaries. The movie is filled with trademark Ali quotes and useful footage, and showcases a man who was larger than life and arguably the most legendary figure in sports history. Facing Ali does the men involved justice and is a must watch for any boxing fan.

“If you ever dream of beating me, you better wake up and apologize!” - Muhammad Ali

Watch the trailer at www.facingalimovie.com/

Follow me on Twitter @Zachlipari

It seems that football games aren’t the only thing that Jerry Jones loses these days. Last week it was “decided” that the upcoming super fight between Floyd Mayweather and Manny Pacquiao, for the moment, won’t be held at the new super stadium in Texas, even after Mr. Jones swung for the fences to get the deal done. Jones reportedly offered $25 million to host the fight and was turned down for suspicious reasons.

The fight, scheduled to take place this March, looked like it had a shot to happen in Arlington when promoters Bob Arum from Top Rank (Pacquiao), Richard Schaefer from Golden Boy (Mayweather), and HBO Sports president Ross Greenburg scheduled a trip to view the venue. Right before they were scheduled to make the trip, Arum received a call from Schaefer who unexpectedly said that he would not agree to put the fight on in Dallas. Schaefer just said, “I’m not going to Texas. I’m not going to do the fight in Texas. I’m not going to waste my time.  That’s the explanation.” said Arum. According to Arum, Schaefer’s response was, “‘The fight is March 13 and there isn’t enough time to do a fight at an outdoor stadium. It’s bizarre, but that’s what he said. I reminded him [that the stadium has a retractable roof]. He said it doesn’t matter. I am not going to theorize. I’m just telling you what happened.”

It seems odd that in the world of Boxing where money is categorically undefeated, that Jerry Jones couldn’t even get them into the building with his offer that from what I have seen, surpasses all the other offers on the table. Arum’s fighter, Manny Pacquiao has vetoed the idea of fighting at the Staples Center in Los Angeles after they too, with help from AEG Live, agreed to front $20 million to host the fight. AEG Live and Golden Boy have done business in the past and that is supposedly the reason why Schaeffer wouldn’t listen to Jerry Jones’ offer. The MGM Grand in Las Vegas seems to be the favorite to host what is being heralded as the biggest boxing fight of this generation, even though their capacity is just a fraction of Cowboys Stadium. 100,000 tickets with a shared gate could go a long way to making it arguably the most profitable fight ever for the promotion companie,s so it will be interesting to see if Jerry can turn this around and have some kind of victory in December, even if it isn’t on the football field.

Please continue to post your comments and follow me on Twitter @ZachLipari

A few weeks ago, I wrote about how the UFC is planning on taking its product to a global market in far reaching countries such as the United Arab Emirates and Australia. The fact remains; however, that the UFC still can’t legally hold events in some of the states here in the United Sates. The biggest fight the UFC might face all year will take place outside of the octagon, and instead in Albany, NY where lobbyists and industry executives will try to persuade the Legislature to legalize the popular sport in New York State. This past week, the UFC was finally granted the approval to hold fights in Massachusetts; huge news for the company and northeastern United States MMA fans.

Massachusetts has become the 42nd state to legalize and regulate MMA, which will now fall under the Massachusetts State Athletic Commission. The bill was signed by Massachusetts Governor Deval Patrick this past week. UFC president Dana White updated his Twitter confirming the good news November 30, and was especially excited because Boston was where he grew up. White and the UFC are already planning events for 2010 and looking at Fenway Park or the TD Garden Arena as possible venues.

New York fans and the UFC alike are hopeful that 2010 will be the year for MMA regulation in the state. This year, the UFC has rethought its strategy and developed a pricey study that says hosting fights in Buffalo or Manhattan would produce millions of dollars for the cities at a time when the state’s economy is staggering under the weight of its current recession. The UFC has retained an influential lobbying firm and sent out its top executives to explain the sport to New York legislators.

Personally, being from New York City, I can not wait for MMA to come to New York. A UFC event at Madison Square Garden would be a tremendous fan experience and I believe would greatly benefit the state and the UFC financially. Boxing won’t bring their top fights to New York due to greed amongst fighters. The potential of a Floyd Mayweather/Manny Pacquiao fight would be a huge draw, but will never happen in New York due to state taxes that would cut too deeply into the fighters purses. Marquee UFC fighters such as Brock Lesnar or Georges St. Pierre would never question fighting on such an important card and the sport is better because of that. In the meantime, I will continue to monitor the events and hope to have good news in the near future regarding the subject.

Please continue to post your comments and follow me on Twitter @ZachLipari.

It makes sense that major West Coast agencies continue to grow.  Creative Artists Agency was a player in the entertainment world well before it started buying out the largest sports agents/agencies.  It figured that its existing model and connections could bring in more revenue than those entities had been receiving in the past.  It seems to be doing quite well with that business plan.  Another company with broad entertainment connections for its clients is Wasserman Media Group.  I don’t know when agent Arn Tellem finds time to sleep, with his enormous list of clients in professional basketball and football.  He probably receives over one-hundred calls per day from GMs, reporters, and clients, and still finds time to go on the recruiting trail and find new business.  He also keeps his current clients happy, and seems to have a strong connection to the entertainment world through his wife, Nancy Tellem.  Nancy is the President of CBS and is in charge of all of its television programming.

Quite the power couple, and it definitely benefits Arn’s clients.  Recently, Pau Gasol made an appearance on CSI: Miami.  Last year, Gasol and Jordan Farmar appeared on NUMB3RS.  Both shows are on CBS, both players are clients of Arn Tellem and WMG.  Gasol and Farmar are not the biggest names in the game of basketball, but both of them are playing in Los Angeles, so it is natural for them to want a piece of the limelight.

Want to be a MAJOR player in this industry?  Better start cultivating those connections in the entertainment industry, as well.

The ELI Essay Competition invites law students focusing on the entertainment practice to write a 3,000-word paper on a compelling legal topic facing the music industry today. The contest culminates with the winning student authors presenting their essays at the prestigious ELI luncheon on January 29, 2010. For competition rules and the ELI Writing Competition Workshops, visit the Entertainment Law Initiative page on Facebook. Non-Facebook users should send an e-mail to eli@grammy.com for more information and instructions.

Submission deadline: January 4, 2010

Winners will be announced on January 22, 2010

Awards: First Place Winner $5000; Four Semifinalists $1,500 each

All winners receive: One GRAMMY Awards Show Ticket; Round Trip Airfare to the GRAMMY Awards in Los Angeles; Hotel Accomodations; and Ticket to The MusiCares Person of the Year Tribute Dinner

Ashwin Krishnan (Editor-in-Chief) and Josh Podoll (Submissions Editor) at the Harvard Journal of Sports and Entertainment Law (JSEL) are currently soliciting and reviewing submissions for the very first edition of its Journal.  Their plan is to publish the inaugural issue of the Journal in Spring 2010 and they believe that you kind people reading this blog might have written just the type of piece they are looking for.

JSEL will provide the academic community, the sports and entertainment industries, and the broader legal profession with scholarly analysis and research related to the legal aspects of the sports and entertainment communities.  The Journal is accepting articles, essays, book reviews, notes, and comments regarding legal and/or public policy issues from academics and legal practitioners for its upcoming inaugural issue.  JSEL is one of the few journals in the United States that focuses exclusively on legal topics related to sports and entertainment.

Legal topics that affect sports and entertainment include antitrust law, civil procedure, constitutional law, contract law, corporate law, copyright law, labor law, and real estate law.  In addition, there are many other legal topics that have an impact on the sports and entertainment industries, or otherwise have an application to sports and entertainment.

Submissions are being accepted on a rolling basis.  To be considered for the first issue, please send completed submissions no later than November 15, 2009.  The editors also made a point to note that an indication of your interest before that date would be greatly appreciated.

All submissions must be sent to Josh Podoll, Submissions Editor, as an attached Microsoft Word document via email to jselsubmissions@gmail.com.  Also, please feel free to contact Josh regarding any questions you may have concerning citation format, topic, or other issues involving the submissions process.

The NCAA’s agenda in certain situations involving schools and athletes is certainly questionable.

Grassroots basketball enthusiast Sonny Vaccaro made some interesting points recently in an interview with Henry Abbot here.

On the topic of Derrick Rose and the wins vacated from Memphis, it is possible the NCAA came down hard on the Tigers because the school is not a traditional powerhouse Bowl Championship Series school. Vaccaro feels that some other schools in the BCS generally are let off easy because of the revenue the schools generate for the giant entertainment conglomerate that has become the NCAA.

The specific case of Reggie Bush is cited, pointing out that while Memphis was quickly penalized, the University of Southern California has yet to be sentenced for the school’s actions from 2006 with Bush, which Vaccaro finds “interesting.”

Vaccaro then goes on to make a huge point against the NBA’s age limit rule. The reason for the supposed beneficial rule is to force talented young athletes to go to college and become more well-rounded individuals. But in many cases, the main justification coaches give to recruits on reasons to come to the school is because the coach can get them to the NBA.

Would Tyreke Evans, DeMar DeRozan, or Jrue Holiday have needed any help getting to the NBA if there was no rule? Doubtful. Brandon Jennings definitely did not and still managed to be a lottery pick.

So why are many coaches using the lure of the NBA to recruit players when the supposed reason for the age rule is the lure of college? It’s probably because college doesn’t seem as sexy when you are earning absolutely nothing. But having these NBA-ready talent forced to go to college makes a lot of money for the NCAA.

Does the NCAA really want these kids to get an education? The association can’t believe that most of these players will be staying for more than one, or even two, years. Free labor, though, for the collegiate entertainment industry is very beneficial for the NCAA.

Rose isn’t the first and won’t be the last player the NCAA has used to dictate how it wants business conducted.