What does the NBA's new TV deal mean for a lockout and expansion?

I have a new column for Sports Illustrated on the legal and business impact of the NBA's new $24 billion deal with ESPN and Turner. Hope you have a chance to check it out.

Here is an excerpt:

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4. Silver can now turn to other priorities

After he took over as commissioner earlier this year, Silver surprised many by expressing that raising the NBA’s age eligibility rule was his top priority. The rule, which is contained in the CBA, requires that U.S. players be at least 19 years old and one year out of high school, while international players -- many of whom turn pro in foreign leagues when they are 14 or 15 -- be at least 19 years old. The rule is controversial on many fronts, and as a disclosure, I have long argued against a rule that prevents players from entering the NBA out of high school. The view of Silver and many others is that the NBA would be better off with older, more polished players. These players are also more marketable when they enter the NBA as their names are often familiar to NBA fans who follow college basketball.

Any change to the league’s eligibility rule would have to be collectively bargained with the NBPA. The NBPA represents the interests of prospective players even though those players, who are in high school or younger, are not NBPA members and thus have no seat at the bargaining table.

One twist to the age eligibility discussion is the possibility that NBA’s D-League could become a more attractive employer to players who are legally too young for the NBA but not interested in playing college basketball or going abroad. The D-League’s age limit is 18, meaning that players are eligible for employment out of high school. Few take advantage of that option due to the league’s low salaries for a six-month season. D-League salaries are reportedly capped at $25,000, although players on NBA contracts who are assigned to the D-League are still paid their NBA salaries.

In his press conference Monday, Silver highlighted that the D-League would benefit from the new TV deal. To that extent, increased TV revenue would mean higher salaries for players and a professional life more akin to playing in the NBA. That should enable the D-League to better compete with the NCAA for top young talent.

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To read the rest, click here.

How to break into sports law? Here's how I did it.

I'm honored to be the subject of an article in this past Sunday's Concord Monitor. News columnist Ray Duckler penned the story, in which I talk about how I broke into sports law, some of the stories I've covered and sports figures I've interviewed and how I use my Sports Illustrated work to better teach my UNH Law sports and entertainment law students. I hope you might enjoy reading it.

Here is an excerpt:

McCann flew to Austin, Texas. He rented a car and drove to Armstrong’s estate, a huge compound enclosed by an electronic gate. Once McCann figured out how to use the digital communications device, the housekeeper let him in and Armstrong moved down a spiral staircase for their talk.

“His central theme was that everyone was cheating, so why was his conduct elevated to this position?” McCann said.

The two discussed a $100 million lawsuit filed by the U.S. Postal Service, which sponsored Armstrong’s team with a $40 million investment. The suit, still pending, claims the USPS would not have paid the money had it known Armstrong and his teammates were cheating to win races.

To read the rest, click here.

Surprising Turn in NJ Sports Betting Case

Earlier today, Judge Shipp entered an order setting oral argument for October 31, 2014, at 1:00 PM in Trenton. (The docket notation is below). This comes as a surprise (and could be seen as a positive development for New Jersey) because Judge Shipp had previously said that the motion "will be decided on the papers." 

Happy Halloween!

10/03/2014

167

TEXT ORDER: As the parties are aware, the motion for clarification and/or modification of the Court's February 28, 2013 injunction was originally returnable on October 6, 2014. Counsel subsequently requested, and the Court granted, a request for an extension of the briefing schedule. As provided in the Consent Order, opposition briefs were filed on September 29, 2014 and reply briefs shall be filed by October 10, 2014. Oral argument on the motion is scheduled for Friday, October 31, 2014 at 1:00 PM at 402 East State Street, Trenton, NJ, Courtroom 7W. SO ORDERED by Judge Michael A. Shipp on 10/03/2014. (FH) (Entered: 10/03/2014)

09/08/2014

Set Deadlines as to 161 MOTION Clarification and/or Modification of Injunction re 143 Order on Motion for Summary Judgment, . Motion set for 10/6/2014 before Judge Michael A. Shipp. The motion will be decided on the papers. No appearances required unless notified by the court. (eaj) (Entered: 09/08/2014)

NFL and NFLPA Appoint Neutral Arbitrator

The NFL and the NFLPA announced yesterday that they have agreed to hire a neutral arbitrator to hear Ray Rice's appeal.  The arbitrator they selected is former U.S. District judge Barbara S. Jones, who served in the Southern District of New York from 1996-2013.  The appointment of a mutually agreed upon neutral arbitrator to hear an appeal of commissioner discipline for off-field misconduct in the NFL is a significant development and long overdue.  It will be interesting to see whether this has a precedent-setting effect going forward for all appeals of commissioner discipline for off-field misconduct.

National Pastime(s) by Professor Tom Lin

Very interesting new essay by Temple law professor Tom Lin in the Boston College Law Review on a new book on baseball by NYU President John Sexton. Here's the abstract to Professor Lin's piece:

Abstract:      

In his new book, Baseball as a Road to God, New York University President and Professor of Law John Sexton submits that baseball can serve as a vehicle for living a more conscious life that elevates the human experience for lawyers and non-lawyers. This Essay examines the credibility of the book’s thesis in a world where human intelligence, human deliberation, and human action is being replaced by artificial intelligence, mathematical models, and mechanical automation. It uses the preeminent national pastime of baseball, and the less eminent pastimes of law and finance as case studies for the book’s thesis. It concludes that a more conscious and meaningful life is much harder to foster, but also much more important to cultivate in light of modern advances. This Essay ultimately offers a different narrative for lawyers and non-lawyers to think anew about modern law and society in light of ongoing changes in baseball, law, finance, and beyond.

The drawbacks of heightened expectations

The NFL has been raked over the coals recently for its (mis)handling of incidents of domestic violence by players. In some ways, this seems unfair, in that we seem to be asking the NFL to do more and do better with domestic violence than anyone else. Domestic abuse is a society-wide problem and other institutions--judiciary, universities, law enforcement--have not shown much more skill in understanding or handling the problem. In any event, why should professional sports leaguesplay any role (much less a special one) on the subject--it is not clear that there is a higher rate of domestic violence among professional athletes (it may depend on what the comparison is) and one could argue that teams and leagues should not care about players' off-field conduct, just as most employers don't care about what their employees do outside of work.

At another level, though, I wonder if it is fair to hold sports to a higher standard because of their history--a history that sports, leagues, and teams readily promote. Baseball regularly touts that it was ahead of society on integration--Jackie Robinson joined the Dodgers six years before Brown and two months before President Truman desegregated the military. The NBA has financially propped up the WNBA for almost twenty years, allowing for the longest-running professional teams-sports league. Creating athletic opportunities for women and girls is Title IX's most-visible achievement and what makes possible genuinely popular women's sporting events--University of Connecticut basketball, the US Women's National Soccer Team, etc.). NFL Commissioner Roger Goodell has made noise about the NFL being a moral leader--which is laughable (especially with Goodell as its head), but we should be able to take him at his word.

So if sports and leagues have taken the lead in the past on some social issues and if they get much PR mileage out of that past, is it unreasonable to expect them to take the lead on this issue, when they clearly want to be involved? And if they fail so spectacularly, is it unreasonable to criticize them for that failure? Please note that this is a very incomplete thought, but I wanted to throw it out there for consideration and comment.

Rethinking the NBA's Domestic Violence Policy

I interviewed NBPA Executive Director Michele Roberts for my new Sports Illustrated commentary on the NBA's domestic violence policy. Hope you have a chance to read it. Here is an excerpt:

Some commentators have highlighted the Celtics suspending Jared Sullinger in 2013 for an altercation with his girlfriend as a blueprint for addressing NBA players implicated in domestic violence. Yet Sullinger's situation is unlike the one facing Taylor. The Celtics only suspended Sullinger after criminal charges were dropped, meaning the suspension could not have prejudiced the criminal case against Sullinger or tainted a potential jury pool. It was also a one-game suspension that Sullinger, who acknowledged he could have used better judgment, accepted without opposition. What happens if the NBA or a team suspends a player while criminal charges are still pending? Would prosecutors subpoena the NBA or the player's team for its investigatory findings and then use the evidence against the player? Or what happens if a player adamantly denies the accusation? Is a league or team really in a position to know if the player is lying or telling the truth? Does it want to be in that position?