What: DEPAUL JOURNAL OF SPORTS LAW & CONTEMPORARY PROBLEMS 2012 Symposium - MONEY & SPORTS: ECONOMIC REALITIES OF BEING AN ATHLETE

When: Friday, March 2, 2012 from 9 a.m. to 12:15 p.m. (Networking: 12:15 p.m. – 1:30 p.m.)

Where: Room 8005 of the DePaul Center, located at 1 East Jackson Blvd, Chicago, IL 60604-2287

9:00 – 9:05 AM Symposium Welcome - Anuolu Fasoranti, Editor-in-Chief, DePaul Journal of Sports Law and Contemporary Problems

9:05 – 9:45 AM PANEL I: ECONOMIC REALITIES/ISSUES OLYMPIC ATHLETES ENCOUNTER

MODERATOR
Daniel J. Gandert, formerly with USA Track & Field, Inc.; extensive work/research on Olympic sports
and international sports arbitration; Lecturer, Northwestern Law School, Chicago, IL

PARTICIPANTS
Matthew E. Lane, Attorney, Sports & Entertainment Law and Litigation, Preti Flaherty, Portland, ME
o Topic: Economic realities/issues Olympic athletes encounter

9:45-9:50 AM BREAK

9:50 – 11:05 AM PANEL II: ECONOMIC REALITIES/ISSUES PROFESSIONAL ATHLETES ENCOUNTER

MODERATOR
Michael S. Jacobs, Distinguished Research Professor of Law and Co-Director, International Aviation Law Institute Professor of Law, DePaul College of Law, Chicago, IL [TENTATIVE]

PARTICIPANTS
Pablo S. Torre, Journalist, Sports Illustrated, CNN/Sports Illustrated, New York, NY
o Topic: How (and Why) Athletes Go Broke
Prof. Matthew Parlow, Associate Dean for Academic Affairs and Professor of Law, Marquette University Law School, Milwaukee, WI
o Topic: Issues players face with the collective bargaining process
Prof. Marc Edelman, Professor of Law, Barry University’s Dwayne O. Andreas School of Law, Orlando, FL
o Topic: Economic realities/issues of professional athletes
Kevin Schulz, Partner and Member, Sports Industry Team and Transactional & Securities, Commercial Transactions & Business Counseling and International Practices, Foley & Lardner LLP, Milwaukee, WI
o Topic: Bankruptcy as a tool (or impediment) for the sale of a professional sports franchise & its implications for athletes

11:05-11:10 AM BREAK

11:10-12:10 PM PANEL III: ECONOMIC REALITIES/ISSUES AMATEUR ATHLETES ENCOUNTER

MODERATOR
Dean Howard M. Rubin, Professor of Law, Associate Dean for Lawyering Skills, Director Field Placement Program, and Interim Executive Director of the International Human Rights Law Institute, DePaul College of Law, Chicago, IL [TENTATIVE]

PARTICIPANTS
Geoffrey Rapp, Harold A. Anderson Professor of Law and Values, Toledo College of Law, OH
o Topic: The brain of the college athlete
Chris Deubert, Attorney, Ginsberg & Burgos PLLC, New York, NY
o Topic: Economic realities/issues amateur athletes encounter
Darren Heitner, Professor of Sport Agency Management at Indiana University Bloomington, Bloomington, IN, Co-Founder of Collegiate Sports Advisors (CSA), and the Founder/Chief Editor of Sports Agent Blog, Founder/CEO of DYNASTY (Sports and Entertainment Consulting)
o Topic: Grants-in-aid & IRS tax code implications for the NCAA

12:15-1:30 PM Networking/Lunch

DePaul Sports Law Symposium 2012 from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

What:

When: Sunday, February 26, 2012

Where: Nova Southeastern University (Shepard Broad Law Center, 3305 College Avenue, Davie, FL 33314)

AGENDA

9:30-10:00 Check-In and Breakfast

10:00-10:20 Opening Remarks

10:20-11:20 (Panel #1)

What’s Trending in Fashion Law

Panelists:

• Emily Graham, Owner at The Law Offices of Emily Patricia Graham
• Kim Kolback, Owner at Law Offices Of Kimberly Kolback
• Jean Perwin, Attorney at Law Offices of Jean S. Perwin
• Brittany Rawlings, Fashion Attorney & Owner/Designer of B.RAWLINGS

11:20-12:20 (Panel #2)

Festivals and Touring

Panelists:

• Helaine Blum, President at Grand Avenue ECDC
• John Bradley, Managing Member at Bradley Legal Group, P.A.
• Jennifer Gomez, Attorney & Certified Mediator at Jennifer Gomez, PA
• Allison Sinclair, Attorney at Santucci Priore, PL
• Cassi Willard

12:20-1:30 Luncheon
Keynote Speaker – tba

1:30-2:30 (Panel #3)

Sports and Torts

Panelists:

• Joe Costello, Attorney at Kelley, Kronenberg, Gilmartin, Fichtel & Wander
• Alan Fertel, Partner at Boyd & Jenerette
• Darren Heitner, Attorney at Wolfe Law Miami, P.A., Owner of Sports Agent Blog
• Michael Richmond, Professor at Nova Southeastern University
• Jason Weiss, Partner at Smith & Verbit, PL

2:30-2:40 Break

2:40-3:40 (Panel #4)

Music on the Internet

Panelists:

• Charlotte Towne, Owner at Charlotte Towne, P.A.
• Others TBA

Cost: Pre-Registration (before Feb 12): NSU Law Students $10, Non-NSU Law Students $20, General Admission $30, Attorneys for CLE $75.  For more info, please contact SELS President, Josh Blasberg, at blasbergj@nsu.law.nova.edu.

5th Annual Nova Southeastern University Sports & Entertainment Law Symposium from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

What: 7th Annual Widener University School of Law Sports and Entertainment Law CLE Symposium

When: Thursday, February 16, 2012 (10:00 a.m.–5:00 p.m.)

Where: Widener University School of Law Ruby R. Vale Moot Courtroom (4601 Concord Pike, Wilmington, DE 19803)

Offering FIVE (5) CLE credits in DE & PA (including one ethics credit)

AGENDA

9:00–9:50 am  Registration and Continental Breakfast (included with registration)

9:50–9:55 am  Introductions

9:55–10:00 am  Welcome: Sports and Entertainment Association

Panel One – Sports Panel

10:00–11:15 am

“Sports Law in Hindsight: A Dissection of the NFL Lockout”

• Moderator: Christopher J. Cabott, Esquire, Zane Management, Inc., Philadelphia, PA
• Andrew Brandt, Sports Business Analyst, ESPN
• Howie Roseman, Esquire, General Manager, Philadelphia Eagles

11:15–11:30 am Refreshment Break

Panel Two – TV/ Film Panel

11:30 am–12:45 pm

“Reality TV: Beyond the Jersey Shore”

• Moderator: Alexander Murphy, Jr., Esquire, The Law Offices of Alexander Murphy and Adjunct Faculty, Widener Law
• Justin B. Wineburgh, Esquire, Cozen O’Connor, Philadelphia, PA
• John Foy, Executive Producer, Addicted to Food

12:45–2:00 pm  Lunch—Barristers’ Club (included with registration)

Panel Three – Music Panel

2:00–3:15 pm

“How to Become a Great  Music Lawyer in One Hour… and Sixty­three Years”

• Moderator: Alexander Murphy, Jr., Esquire, The Law Offices of Alexander Murphy and Adjunct Faculty, Widener Law
• Kenneth J. Abdo, Esquire, Lommen Abdo, Minneapolis, MN
• Robert E. Donnelly, Esquire, Lommen Abdo, New York City, NY

3:15–3:30 pm  Refreshment Break

Panel Four – Ethics Panel

3:30–4:45 p

“Ethics in Intercollegiate Athletics— Lessons Learned”

• Moderator: Alexander Murphy, Jr., Esquire, The Law Offices of Alexander Murphy and Adjunct Faculty, Widener Law
• Heather Lyke, Associate Athletic Director, The Ohio State University
• John P. Sahl, Professor of Law and Faculty Director of the Miller­Becker Center for Professional Responsibility, University of Akron School of Law, Akron, OH

Cost: $125. Widener Law Alumni Fee is $100.  Registration form is embedded, below.

SELA_Brochure

7th Annual Widener University Sports and Entertainment Law CLE Symposium from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

“Travis is a talented attorney with extensive experience in the areas of securities, mergers and acquisitions, and corporate governance,” states Richard Lieberman, Chair of the firm’s corporate, securities and finance department. “As a certified contract advisor by the NFL, he also brings a substantial professional sports practice, which will enhance the firm’s growing sports and entertainment group.”

Leach is also certified as a Contract Advisor by the Canadian Football Players’ Association. He earned a J.D. from University of Miami Law School and a B.S. from Arizona State University.

Travis Leach Starts New Sports And Entertainment Legal Practice At Jennings, Strouss & Salmon from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: February 10, 2012 (12 p.m.)

Where: Villanova Room of The Connelly Center

Villanova University School of Law (VSL) convenes an all-star roster of leading experts from sports and television for its 2012 Villanova Sports and Entertainment Law Journal Symposium, “Moneyball’s Impact on Business and Sports.” Jeffrey S. Moorad VSL ’81, vice chairman and CEO of the San Diego Padres, headlines the panel alongside Billy Beane, vice president and general manager of the Oakland A’s; Omar Minaya, senior vice president of baseball operations for the Padres; and Phil Griffin, president of MSNBC. Former Pennsylvania Governor Edward G. Rendell VSL ’68, a guest sports commentator for Comcast SportsNet and the Philadelphia Daily News, serves as moderator. A question-and-answer session follows the panel discussion.

Beane’s distinctive analytical approach to making personnel decisions, allowing his team to remain competitive while managing payroll, has changed the business-side of sports for franchise executives, players and agents alike. Other Major League franchises—including the San Diego Padres, New York Mets, and Boston Red Sox—soon began ‘playing Moneyball,’ adopting sabermetrics as a predictive tool and in turn impacting the landscape of America’s pastime. Symposium panelists Moorad, Beane, Minaya and Griffin will analyze the impact of Moneyball and the variety of ways it has changed the face of sports from player contracts to media markets and competitive balance.

Cost: Free for registered attendees.  Register here.  The Symposium will also be simulcast live at www.law.villanova.edu.

Villanova Symposium: Examining Moneyball’s Impact on Business and Sports from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The Athlete Agent Reform Act of 2011 falls in line with new athlete agent laws of other states, including Texas, which are either trying to scare agents with potential heavy jail sentences, appeasing their constituencies who continue to read about sports agent atrocities in the news, and/or trying to protect colleges from being sanctioned by the NCAA.  However, Tennessee’s new law also addresses recruiters like Will Lyles, parents like Cecil Newton, runners, and financial planners, even if it fails to provide any punishment for athletes and/or universities who are involved in the illegal activities.

Like the new Act or not, this post is not about its efficacies.  Instead, I am wondering whether it is the Act that should be given credit for the rise in athlete agent registrations.

I am taking no credit away from the men and women who stood behind the Athlete Agent Reform bill in Tennessee’s House and Senate, but perhaps credit for the rise in registrations should be given to Collegiate Sports Advisors (CSA), which assisted in organizing and running The University of Memphis’ first ever Agent Day on December 3, 2011 as well as the creation of the university’s first Professional Sports Counseling Panel.  I distinctly recall a conversation I had with Andrew Dodd, athlete agent registrar in the Tennessee Secretary of State’s Office, who told me about the rise in registrations leading up to that particular event.  If the state wants to get even more registrations, it should implore other schools within its borders to hire CSA.  And if other states wish to mimic Tennessee’s success, they should follow suit.

Disclosure: The author of this post is a co-founder of the aforementioned Collegiate Sports Advisors

Tennessee Experiencing A Surge In Athlete Agent Registrations from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: Friday January, 27 2012

Where: White Stag Building, Portland, Oregon (map)

Schedule:

8:30 a.m. – 9:15 a.m.: Registration
9:15 a.m. – 10:45 a.m.: Panel Presented by Schwabe, Williamson, & Wyatt: Entertainment in the Northwest 

• Javier Zamora, Assistant General Counsel in the Legal Department at NIKE, Inc.
• Bart Day, partner at the Portland law firm of Day and Koch LLP
• Matthew Hooper, Chair of the Arts & Entertainment Group at Foster Pepper.
• Moderator: Mike Cohen, Shareholder at Schwabe Williamson & Wyatt in Portland.

11:00 a.m. – 12:30 p.m.: Women in Sports and Entertainment 

• Peg Brand, Ph. D., Courtesy Associate Professor with the University of Oregon School of Law and the Robert D. Clark Honors College and an Associate Professor of Philosophy and Women’s Studies at Indiana University.
• Ellen Devlin, Adjunct Professor of Sports Products at the Lundquist College of Business at the University of Oregon.
• Eryn Potempa, attorney in the Sports Marketing group at NIKE, Inc.
• Lynne Graybeal, Partner at Perkins Coie in Seattle and serves as Co-Chair of their Arts, Entertainment & Sports Industry Group.
• Moderator: Whitney Wagoner, Senior Instructor of Sports Business/Industry Analyst for the University of Oregon’s Warsaw Sports Marketing Center.

12:30 p.m. – 1:30 p.m.: Lunch
1:30 p.m. – 3:00 p.m: The Changing Face of the NCAA 

• Woodie Dixon, General Counsel and Vice President of Business Affairs for the Pacific-12 Conference.
• Maureen Weston, Associate Dean for Research and a Professor of Law at Pepperdine University School of Law.
• John Shukie, Director of Academic and Membership Affairs (AMA) at the NCAA in Indianapolis.
• Jerry Parkinson, Professor of Law at the University of Wyoming College of Law since 1998 and served as Dean from 1998 to 2009.
• Moderator: Benjamin Golliver, Northwest sports journalist.

3:15 p.m. – 4:45 p.m.: The Rise of the Agent 

• Richard Karcher, Professor of Law and the Director of the Center for Law and Sports at Florida Coastal School of Law.
• Audie Attar, President of Paradigm Sports Management, LLC.
• Eugene T. Lee, Esq., President of ETL Associates, Inc.
• Moderator: Mark Phelps, Tykeson Senior Instructor of International and Sports Business Law and Ethics in the University of Oregon’s Lundquist College of Business and its Warsaw Sports Marketing Center.

5:00 p.m. – 6:00 p.m.: Reception

Cost: $90.00 [for practitioners]; $35.00 [for the general public] and $25.00 [for students] (Registration includes: attendance to all panels, lunch, and reception).  Day of registration at the door is: $100.00 [for practitioner], $40.00 [for the general public] and $30.00 [for students].  Register here.

University of Oregon School of Law Sports Law Symposium from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Robert Quinn was selected #14 overall by the St. Louis Rams in the 2011 NFL Draft.  Quinn was represented by Carl Carey, Jr. of Champion Pro Consulting Group, Inc. months prior to being selected by the Rams.  Carey, Jr. paid for for many of Quinn’s expenses leading up to the NFL Draft, including the player’s housing, transportation, and NFL Combine training, and provided loans to Quinn based on his requests.

Quinn terminated his professional relationship with Carey, Jr. mere days prior to the conclusion of the NFL lockout.  Drafted players had not been able to negotiate and sign contracts with the teams that drafted them up until the end of the lockout.

On July 25, 2011, Carl Carey, Jr. and his company, Champion Pro Consulting filed a Complaint against former University of North Carolina defensive end Robert Quinn, Quinn’s Business Manager, Boca Raton, Florida-based Impact Sports Football, LLC, and two of Impact Sports’ agents (Mitch Frankel and Tony Fleming).  Carey, Jr. wanted to make sure that the first $300,000 Quinn received from his contract with the St. Louis Rams was paid immediately to Carey, Jr., and aimed to prevent Impact Sports from negotiating Quinn’s contract.

The Complaint was filed in the United States District Court for the Southern District of Texas, Houston Division.  On November 21, 2011, Carey, Jr. and Champion Pro Consulting Group filed a notice to voluntary dismiss their lawsuit without prejudice to refile, which the Court granted.

All was quiet until January 9, 2012, when Carey, Jr. and Champion Pro Consulting Group filed another lawsuit against the same named defendants (embedded at the bottom of this post), but this time filed the action in the United States District Court for the Middle District of North Carolina.  The Plaintiffs also decided to throw in a new defendant – former UNC and current New York Giants defensive end, Marvin Austin (who is represented by Impact Sports).  The Plaintiffs were not able to prohibit Impact Sports from negotiating Quinn’s rookie contract (for $9.4 million), but still want to be paid by Quinn for the expenses paid on Quinn’s behalf leading up to Quinn signing his professional contract with the St. Louis Rams, want a 3% commission on Quinn’s rookie deal, and wish to be compensated by the other named Defendants based on the Counts alleged.

Why don’t we see more of these types of sports agent cases brought in court?  Under Section 5 of the NFLPA Regulations Governing Contract Advisors, the NFLPA’s arbitration procedure is the exclusive method for resolving any and all disputes that arise from:

A dispute between two or more Contract Advisors with respect to whether or not a Contract Advisor interfered with the contractual relationship of a Contract Advisor and player in violation of Section 3(B)(21). If a Contract Advisor proves such a violation of Section 3(B)(21), then the Arbitrator shall award reasonable damages proven and/or any money award which he/she deems equitable.

However, the NFLPA decertified in early March 2011 in an effort to file an antitrust action (amongst other stated reasons) against the NFL after the NFL locked out its players.  The Plaintiffs believe that Section 5 of the NFLPA Regulations Governing Contract Advisors does not apply to their case, since they say that the Defendants committed their illegal actions while the NFLPA was still decertified and the regulations were not in effect.

The premise of Carey, Jr.’s Complaint is that Robert Quinn’s Business Manager (and girlfriend?), Christina White, led Quinn to believe that Impact Sports could do a better job than Carey, Jr. with regards to marketing Quinn and finding endorsement opportunities during the lockout.  Carey, Jr. also claims that White, Frankel, and/or Fleming told Quinn that he should have been selected higher than #14 overall in the 2011 NFL Draft, and that Frankel and Fleming would pay Quinn $50,000 along with pay Carey, Jr. and money Quinn owed to him.  Further, the Plaintiffs allege that Marvin Austin was paid by Impact Sports in return for recruiting players, including Quinn, who were represented by rival agents.

There are a total of 7 Counts in the new Complaint, including tortious interference with contract, civil conspiracy, unjust enrichment, beach of contract, unfair methods of competition and slander per se.

A couple of final notes of interest:

Carl Carey Jr. Continues His Fight Against Robert Quinn And Impact Sports; Includes Marvin Austin from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: September 28-30, 2012

Where: Thomas Jefferson School of Law, San Diego, California

The Competition will include 4 rounds of negotiation problems in sports topics.  The San Diego Padres vs. San Francisco Giants baseball game will be held in multiple luxury suites at Petco Park on September 28.  The Competition will begin on the morning of September 29.  The final rounds will end late morning September 30.  The 11th Annual Sports Law Symposium will follow on the afternoon of September 30.

For examples of past negotiation problems, click here.

Cost: Register here.

• National Sports Law Negotiation Competition ($450.00 registration fee for two competitors)
• Additional Coaches and Faculty Advisor(s) ($60.00 per additional person)

SPORTS LAW SYMPOSIUM ONLY Tickets:

• $55.00 – Guests
• $35.00 – Thomas Jefferson School of Law Faculty, Staff, Alumni & San Diego County Bar Association Members
• $25.00 – Law Students

National Sports Law Negotiation Competition (NSLNC 2012) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The case that was most responsible for the public’s awareness of IRS activity with respect to its examination of deductions claimed by professional athletes has been settled.

Lamar Odom and the IRS recently settled Odom’s tax court case, with Odom agreeing to a tax deficiency for the 2007 tax year in the amount of $7,827 plus interest.  This is considerably less than the $87,000 originally reported as the amount the IRS billed Odom.  A “victory” in anyone’s record book (note: while technically this settlement does not represent the “winning” of the case by Odom since the case was never tried, the author chooses to use poetic license in his use of the term “victory”).

As originally reported on many sports and tax blogs, the IRS billed Odom additional 2007 taxes stemming from his claiming the following deductions, which the IRS disallowed:

• $12,000 in fines levied by the NBA; and
• $178,337 for professional training and conditioning.

Many of the reports had “fun” with the fact that the tax court petition appeared to by filed by Odom himself, without representation of counsel.  Odom hired tax counsel, Robert T. Leonard, shortly after filing the petition, and it is Leonard who is responsible for negotiating the settlement on Odom’s behalf.

According to a report by William P. Barrett on Forbes.com, the settlement between Odom and the IRS reflects an amount due attributable to the IRS also disallowing a deduction for the cost of Lakers tickets that Odom bought and distributed for “promotional reasons”.

This settlement does not create a legal precedent with respect to these matters, but it does reflect, in the author’s opinion, the current position of the IRS with respect to these items.  The author has handled 10 IRS examinations of professional athletes over the past 2 years, several of which included filing petitions in tax court, and the results of this settlement are consistent with the results he has seen once the IRS has been provided with proper documentation.  As a matter of fact, a deduction for tickets to a team’s games is an item that has been allowed upon examination, but sometimes you need to agree to the disallowance of a small item in order to settle the case and have the IRS agree to the larger deductions.

While the settlement of this case does provide guidance as to items the IRS might allow a professional athlete to deduct on his/her income tax return, it does not highlight the importance of being able to document the deductions claimed on the athlete’s tax return.  Most of these types of examinations can be resolved fairly easily upon the submission of appropriate documentation, although some examiners may push back on certain deductions.  Even those deductions on which the examiners push back can often be resolved by providing a solid argument as to why the expenses deducted are ordinary and necessary to the athlete’s line of business.

The biggest problems most often occur when the athlete does not respond to the notices or fails to respond in a timely manner.  This often results in the examination being closed and taxes assessed based on the disallowance of all expenses.  This results in the need to argue against the assessment of additional taxes in addition to having to provide documentation for the deductions.  This might seem like a fine line to some, but it is often easier to argue the appropriateness of a deduction before a tax is assessed than afterwards.  Also, the more time that passes, the more likely the need to file a tax court petition.

So go ahead and deduct those fines and fitness fees, but make sure that you can document the amounts paid, the dates paid and the business purposes of the expenses.

Lamar Odom Scores Court Victory…Tax Court That Is from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules