What: University of Oregon School of Law Sports & Entertainment Law Conference 2011

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

When: Friday, January 28, 2011 (8 a.m. – 6 p.m.)

Schedule:

8:00am-9:00am: Registration

9:15am-10:30am: MMA: The Legal Aspects of an Emerging Sport

Brad Darcy – Executive Director for the Oregon State Athletic Commission
Kenn Ellner – In-house counsel for Strikeforce
Frank Mahar – Executive Vice President/Chief Legal Counsel of Genesco Sports Enterprises, Inc.
Steve Pacitti – is a sports and entertainment attorney with numerous clients in mixed martial arts.
Moderator: Kelsey Philpott (Founder and Operator of mmapayout.com)

10:45am – 12:00pm: Pacific Northwest Professional Sports Teams

Doug Piper – Portland Winterhawks (President)
Allan Benavides – Eugene Emeralds (General Manager)
Karen Bryant – Seattle Storm (CEO)
Moderator: Brian Berger (Sports Business Radio)

12:00pm-12:45pm: Lunch

12:45pm-1:45pm: North[west] Hollywood: Entertainment and Music Law in the Northwest

Anne Glazer – Stoel Rives, Portland; IP & Technology Group
Robyn Williams – Executive Director, Portland Center for the Performing Arts
Matthew Hooper – Bullivant Houser Bailey, Seattle; Co-Chair of Arts, Entertainment and Sports Group
Vince Porter – Director, Governor’s Office of Film & Television: Oregon Film
Jill Cohen – Davis Wright Tremaine, Los Angeles; Chair of the Entertainment Transactions Practice
Moderator: Professor Eric Priest

2:00pm – 3:00pm: Sports Business and the Law

Paul Loving - Adidas counsel
John Motley – Columbia Sportswear
Rosemary Colliver – Tonkon Torp, Portland; Sports, Media & Entertainment Group
Matt Dyste – UO Director of Marketing and Brand Management
Moderator: Wally Van Valkenburg (Partner, Stoel Rives, Portland)

3:15pm – 4:30pm: Sports Agents and NCAA Compliance Legal Issues

Josh Luchs - Former sports agent
Alex Parker – OSU Associate AD-Compliance
Steve Robertello - WSU Compliance Officer
Keenan Howry – Former UO wide receiver and former Minnesota Viking
Moderator: Rand Getlin - Attorney at law and President of Synrgy Sports and Consulting

4:30pm – 6:00pm: Reception

Costs: Advance Registration ($45 general/$20 students), Day of Registration ($55 general/$25 students).  Includes lunch and 5.75 CLE General Credits.

University Of Oregon Sports & Entertainment Law Conference from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Baseball

• A lot of research out there to help agents build value for their players [Hot Topics from the SABR Convention].
• Expect a settlement [Few Precedents for Mets’ Attempt to Rework Rodriguez’s Contract].

Football

• An agent just might stick out more hanging around a school like Oregon State [Oregon State's Mike Riley on sports agents hanging around campus, and the prospect of Jacquizz Rodgers leaving early for NFL draft].
• No love for some of the coaches calling out agents [Florida, Alabama grandstanding?].
• Not happening, but Yee’s corporate structure idea is at least interesting to read about [A case for privatizing college football].

Basketball

• Of course I love reading something like this [Basketball's Youngest Player Agent].
• The NCAA’s new president would like the NBA to implement a draft process similar to MLB’s [New NCAA chief: Draft rules on agenda].

MMA

• “Can’t Touch This” still goes down as my favorite song of all time [Rapper Throws Hat in Ring as Sports Manager].

Shabbat Shalom: Friday Wrap-Up (8/20/2010) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

MMA’s biggest agent (and SAB interviewee), Ken Pavia along with the up-start Bellator fighting promotion have been sued by UFC parent company, Zuffa LLC. The suit alleges that Pavia passed along trade secrets and confidential Zuffa documents to upstart MMA promotion Bellator. Zuffa believes that Bellator used these documents to help run their business. Bellator is named as a co-defendant in the suit, as well as other unnamed individuals and corporations that Zuffa alleges participated in breach of contract.

Yahoo Sports Writes:

According to the suit, filed Wednesday in Clark County District Court, Pavia delivered confidential contracts, including fighter agreements, to Bellator after being asked to do so in a July 4 email to him from Bellator founder Bjorn Rebney…

An email which Zuffa’s lawsuit alleges is from Rebney to Pavia on July 4 was attached as an exhibit to the 16-page suit. In it, Rebney writes, ” … You’ve been great about sending us ‘All’ of the seminal docs from the UFC, so that we can re-do them and implement them for Bellator.”

Later, the email Zuffa alleges to have been written by Rebney continues, “Please list each in terms of what it is for and how the UFC uses them/implements them. … Then I’m going to have our team Monday re-type them and we will sufficiently alter them such that they will appear to be ours and not theirs.”

The response that is purported to have come from Pavia is brief and says, in its entirety, “Still I (sic) vegas. May take 24 hours to organize as some forms go to the guys in my office.”…

According to the suit, “The improper disclosure of Zuffa’s operations documents and confidential information by Pavia, MMA Agents, and the Doe and Roe Defendants constitutes a distinct act of dominion wrongfully exerted over Zuffa’s personal property.”

It further states, “The improper use by Bellator of Zuffa’s operational documents and confidential information in order to conduct its competing business operations constitutes a distinct act of dominion wrongfully exerted over Zuffa’s personal property.”

Zuffa seeks actual and punitive damages and a permanent injunction barring Bellator or Pavia from using Zuffa’s assets, including its intellectual property.

One can’t help but wonder why someone would go against the UFC in any way. If there is one characteristic of the way the UFC does business, it is that they have a ton of pride and much like their fighters, would enjoy nothing more than to beat their adversaries into submission. I would also venture to say that agents dealing with the UFC in the future will probably be subject to stricter rules and scrutiny as a result of this alleged oversight by Mr. Pavia. Hopefully this doesn’t close the doors of Bellator, since I happen to think they are a great minor league fight promotion with a lot of potential.

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

MMA Agent Ken Pavia Sued by UFC from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

This past Saturday, World Extreme Cagefighting (WEC) staged their first pay-per-view event, live from Sacramento, California. The event was a huge success given the fact that the last few weeks had seen disappointing main events put on by the UFC, and all out chaos by Strikeforce on national television. The event sold for $44.95, which some people thought was a steep price given the cache of the organization and the fact that their fighters are nowhere near the UFC, so why should consumers pay UFC prices? What viewers got was a night full of exciting fights and remarkable performances that showcased fighters who are hungry to make a name for themselves. 150-200k pay-per-view purchases have been reported since the event aired, which I would think has to be considered a success in addition to a solid foundation to build off of. This event was different from past WEC events; however, and it also may have signaled a sign of things to come for the organization.

WEC was purchased by UFC parent company, Zuffa LLC in December of 2006. After the merger, the WEC quickly dissolved their heavier weight classes to focus on lighter weight classes. To the MMA fan, the WEC is a smaller version of the UFC with divisions such as Bantamweight, Flyweight, and Featherweight – with only lightweight as a cross-over division with the UFC. Speculation of a full merger with the UFC to absorb all of the weight classes has persisted since the purchase, but until this past weekend, it seemed unfounded.

This WEC event was widely marketed by the UFC and featured a slew of UFC staples to its broadcast to further tie the companies together. Missing was WEC signage and promotions, giving way to vague terminology such as “the organization” when referring to the WEC. UFC commentators, fighters, ring announcers, and prelims aired on Spike TV, the home of the UFC (Verus carries WEC events). All signs point to an eventual merger of the organizations, which I believe would give the UFC more flexibility in putting on more events, but I also think it makes it more difficult from a fight booking standpoint to accommodate all divisions and fighters as frequently as the UFC is used to.

There is a ton of talent in the WEC. As demonstrated Saturday, with the level of excitement in every fight, the lighter weight classes provide high energy bouts with seemingly no slowing down – exactly what the fans pay to see. UFC President, Dana White acted as the sole promoter of the event, and it is my belief that they have set themselves up quite nicely in building a name and reputation for the WEC before it is eventually folded into the UFC. If the merger of the WEC into the UFC were to happen, it would provide a greater opportunity for fighters as well as fighter managers and agents to have a better chance of getting a piece of the UFC pie with an increased talent pool. As of now, there is no timetable for something like this to happen, but I would look for a move to be made sooner rather than later, especially if the WEC continues to perform the way it has.

Click here to watch a video of Dana White discussing the WEC.

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

WEC = UFC? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The first MMA blog I did for Sports Agent Blog dealt with the fallout from a disappointing main event and how it affects the sports as a whole. The UFC is the 800 pound gorilla of MMA and when something happens on the biggest stage in the sport, people react. Imagine a Superbowl where one team shows up seemingly only to taunt the other team and not do what is necessary to win. People would be outraged, and rightfully so, have they no sense of humility or respect? Such was the case this past weekend with the main event at UFC 112: Invincible, from Abu Dhabi in the United Arab Emirates.

I have documented how important global expansion is for the UFC and how Flash Entertainment of the United Arab Emirates purchased a 10% stake in the company to be able to bring it to their side of the world and introduce it to a new audience. Expectations were higher than ever with an arena being built specifically for the UFC to be able to properly showcase the sport. The night featured two title defenses and a slew of other good fights to try to put on the best show possible. The first main event pitted Lightweight Champion, BJ Penn against number one contender, Frankie Edgar. The fight went the distance to a decision that awarded Edgar the belt, with one judge scoring the fight 50-45, or every round for Edgar, which was clearly not what happened. Controversy aside, the fight was kind of boring from the standpoint that we’re used to seeing more out of Penn, which had people clamoring for an exciting main event; Demian Maia against Middleweight Champion, Anderson Silva.

I was skeptical of this fight before the event started. I’ve seen Silva shrug of Jujitsu specialists in the past, not taking them seriously, and that leads to five rounds of wanting more. This time was a little different. Silva wasn’t as aloof as in the Thales Leites fight, but instead, he was downright disrespectful, taunting his opponent with curses and showboating that would make Chad Ochocinco embarrassed. When Silva did engage, he was brilliant, but it seemed that he became bored and instead of finishing the fight to get it over with, he threw on his cruise control in the 3rd round and never looked back. Imploring Maia to fight with him, then seemingly running away when he tried, made people angry fast.

Silva won a decision even though he didn’t act like a champion, and the night with so much promise that was to lead the UFC into the Middle East, ended in a chorus of boos – hardly the way UFC President Dana White and the rest of the MMA world had expected. This fight marked the first time White walked out on a main event and handed the championship belt to the fighter’s manager instead of presenting the fighter with it himself. In the post-fight press conference, White dove right into the subject stating, “I don’t think I’ve ever been more embarrassed in the ten years of being in this business.” He then went on a rant that was ultimately more exciting than the fight, which I personally think is a good quality of a league official instead of taking a hard PR stand to actually talk to the viewing public and press as he is a fan as well is refreshing, and leads me to believe something will get done to insure that the fans don’t get screwed again.

I personally think Anderson Silva should vacate or be stripped of his Middleweight belt and be left to fight in either the Light-Heavyweight or Heavyweight division, since he is clearly bored with the Middleweight competition to the point where the fights aren’t competitive. Silva is widely considered the best fighter in the sport, and for the UFC this is a huge problem in advancing their product. Lebron James isn’t going to look across the floor at the Knicks and think that he is so much better that he resorts to trick shots and showboating. He respects his sport and is going to put up a 50 point triple-double and remind everyone how good he is. I respect that the UFC won’t stand for this, but it makes one wonder how much damage has been done to the trust of the viewing public that feel cheated by the events of UFC 112. I know personally, since I had the event double as the house warming party for my apartment, that people were annoyed and upset by the end of it – something that was embarrassing for me so I can only imagine how bad Dana White wanted to just run and hide after that fight, and I commend him for making the statements afterwards. Hopefully something will get done from a fight booking standpoint, because although every fight can’t be a classic, the main event should at least be competitive.

Anderson vs Fedor anybody?

View the video of Dana White’s post fight press conference here.

Please post any questions or comments you may have and follow me on Twitter @ZachLipari

UFC 112: The Aftermath from Abu Dhabi from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

I arrived at the venue at 8pm, in time for the 2nd fight of the preliminary undercard. To my surprise, the venue was essentially packed at this point, which was great to see since in Vegas, the undercard fights always look deserted. I was told to expect a raucous crowd, but couldn’t have been more surprised when I was walking to my seats in eerie quiet as they were watching the intricacies of the fight with the occasional ooh and ahh. This type of viewership lasted all night, with the exception of a few people that should have just went to a boxing fight, because they couldn’t bare to watch the fight go to the ground, ever. I became a little fed up with these people for the constant booing, especially when the fighters were working and advancing their positions.

The undercard fights left a little to be desired and everyone in the crowd was now looking to the main events to inject some life into the building. The first main event was Shane Carwin against former Heavyweight Champion, Frank Mir, for the interim heavyweight championship. Since Brock Lesnar had been sidelined for so long with his intestinal issues, these men were competing to determine who would face Brock when he returns in July. At this point, the building got electric. The fans saw Brock take his seat ringside and anticipation built for what was about to happen. The fight was quick but it was exciting. Carwin defeated Mir after only about 3 minutes with heavy strikes that not even Lesnar could withstand. The crowd was going nuts and then we witnessed the next main event, Welterweight Champion, Georges St. Pierre against fast rising star, Dan Hardy.

The entrances for the fighters were almost as exciting as the fights themselves as, aside from the occasional video package hyping the fight, there wasn’t much else to engage you. Everyone was on their feet for the main event. St. Pierre essentially man-handled Hardy throughout the fight, but Hardy displayed the kind of toughness and resolve that will win fans over and gain him respect. The fight went the distance, all five rounds, and St. Pierre retained his belt. I found this fight to be extremely exciting, but other fans that had been in their seats for 6 hours were looking for a bit more fireworks, and once again, booed. All I have to say to them is I am glad they’re not around me when I watch on TV, because man are they annoying.

All in all, the experience was great. I did feel that the UFC could make more of a show of the night, but I still haven’t come up with the solid ideas necessary on how to improve their live product. I would describe going to the fight in person like going to a concert with a lot of opening bands you haven’t heard of but you finally get your pay off in the headlining act. Or for you sports guys, it’s like going to a backwards pre-season NFL game with the starters coming in for the 4th quarter. I would recommend this experience if you ever have the chance, but the price wasn’t cheap and I could see how someone who was more of a casual fan could have been disappointed. I hope this event helps get MMA legalized in New York. The night was sold out and I didn’t notice anything negative or out of the ordinary happen with the crowd at any point, so I don’t really see what’s holding them back, especially in such a big market. I will keep an ear to the situation and update you guys accordingly.

Please post any questions or comments and follow me on twitter @Zachlipari.

What it is Like at a UFC Event – UFC 111 from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

“It would be a huge benefit to us if mixed martial arts became an Olympic sport,” White said. “It would create instant awareness around the world, and it would be huge.

“I would support it 100 per cent. I personally am not out there trying to get mixed martial arts as an Olympic sport … but if it popped and they said, ‘Yes, we’re thinking about it,’ I would go guns ablazing and try to make it happen.”

I think it would be great to see MMA as an Olympic event. It would legitimize the sport while showing that the IOC cares about staying current and fresh. My concerns are that on such a big stage, people will certainly condemn the sport for being too violent, unless there are rule changes, which I would almost guarantee there would be if something like this was to happen. If MMA was to become a Olympic sport, but modified to IOC rules, I don’t see Dana White being as supportive then. What I would like to see in the meantime is some of the higher level fighters competing at their strongest discipline for their country. How cool would it be to see George St. Pierre suit up for Canada against the American, Jon Fitch in a pure wrestling match? Something like that would be great to watch and could still serve to legitimize the sport, since it would be obvious to people who think that UFC fighters are just brawlers, that these men are unbelievably skilled, trained athletes.

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

MMA a Future Olympic Sport? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

If I was an NFL agent and represented a player who was maybe on a practice squad or in danger of being cut, would I suggest MMA to him as a career alternative? I would have to say no. If the player was genuinely interested in pursuing MMA, I would help him make the most educated decisions possible and support his decision, but as a fan of MMA, I don’t think that being good at football predispositions you to being good at fighting.

Another concern I have about former athletes throwing their hat into the Octagon is that, for the more famous ones, it could end up becoming a side show, something I believe would be bad for the sports credibility. After Herschel Walker’s success on Saturday, Jose Canseco has come out to essentially challenge him to a fight. Obviously looking for some publicity and a potential pay-day, Canseco represents everything that is wrong with athletes wanting to participate in MMA. I have great respect for what Herschel Walker has accomplished, especially at his age. Training with the American Kickboxing Academy and putting in the hard work necessary to go out and earn a win is admirable, and if others can come to the sport, be humble and take the time to learn, then I will support them as well.

Please continue to post any questions or comments you may have and follow me on Twitter @zachlipari

Does the NFL Have a Place in MMA? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Dana White describes the new UFC Gym as not being a “fighters gym.” What he means by this is that people who might be interested in learning Muay Thai kick boxing but may be intimidated by going to a Muay Thai gym can feel comfortable learning at the UFC Gym, where they can learn with other people who are taking a more casual approach, as well. With an Octagon available for classes as well as more unconventional training such as the “caveman workout,” which involves truck tires and sledge hammers, this gym seems to have all of its bases covered for every commitment level. Also, where I think the gym will thrive is with its youth training section geared towards kids, which involves the technology to keep things interesting for them while learning martial arts and practicing fitness.

I happen to think this is a great business venture for the UFC from both a fan’s perspective as well as a business perspective. Capitalizing on a niche market in a multi-billion dollar per year industry isn’t always an option, and I think the UFC has done a great job recognizing the need for something like this. A spokesperson for the UFC has gone on record stating that they hope to open as many as 10 of these gyms nationwide in 2010 with possible locations in Toronto and Hawaii.

As I am writing this, I wonder if the NFL possibly missed out on an opportunity to throw its hat into the fitness industry. I think that the UFC is in a special place because while working out like a UFC fighter can sound pretty intense, starting at a beginner level is more interesting and useful towards fitness than anything else. It is hard for me to picture NFL combine training at anything less than full speed for people looking for a little bit of a change to their normal routines. The NFL, I suppose, is better suited with programs such as Play 60 which is geared towards children, or player-run football camps, but I do believe with the right business plan could possibly make a splash if they ever wanted to.

It will be interesting to monitor the success of this new venture and to see if it expands into other products such as health supplements or home workout equipment. For the moment though, I definitely like my neighborhood gym a lot less.

Check out a video of the UFC Gym here.

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

The UFC Opens Its First Gym from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Once again, I have to believe that the UFC is ahead of the curve on this front. Fighters, in addition to working for the UFC, are their own brand and websites such as Twitter can help the fighter to directly grow their own personal iamge and receive more exposure. There are different, creative ways for a fighter to use Twitter and other social networking sites to actually make money for themselves. A fighter can tweet about their sponsor or hold sponsored contests through their Twitter account as an incentive for people to follow them and to pay attention, leading to increased value for the fans, the fighter, and the sponsoring company. UFC hall of famer and former champion, Chuck Liddell has even taken the next step and has developed MMAJacked.com a site specifically designed to connect Mixed Martial Arts fighters to their fans on a more personal level. Dana White frequently participates in “Twitter Tag,” an idea that was developed for Shaquille O’Neal by Digital Royalty that allows fans to find you in a public place such as a mall, or restaurant based on your tweets, usually for a prize, or in Dana White’s case, tickets to a UFC event. Georges St. Pierre’s Twitter account isn’t personally run by him, but his handlers had the idea to have fans e-mail Georges during his training by clicking a link that required you to sign up for his fan site before sending the e-mail, which ultimately attracted thousands of new fans.

The UFC is now more accessible than any other sports organization on a personal level. Everyone from the ring girls, to the announcers, to the fighters, to ownership all have highly personal Twitter accounts that are more than just company fluff and that actually give you insight into their lives and opinions which helps us, as fans, relate to them. As social media technology grows I am confident that the UFC will always be at the forefront and it will be interesting to see different business plans develop around these websites.

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

The UFC Has a Stranglehold on Social Media from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules