Ryan Becker

On May 11, join Sports Industry Group Leader Richard Brand and other top industry legal thought leaders for the "Current Issues in Sports Media: Back to the Future?" panel at the Sports Lawyers Association Annual Conference. #SportsLawyer #SportsLawyersAssociation

5

Las Vegas Convention and Visitors Authority - LVCVA recently announced, on social media, they would be sponsoring each player on the Las Vegas Aces roster with a $100,000 sponsorship. News of this broke with players and fans elated at the news, but almost immediately the WNBA (Women's National Basketball Association) announced they were investigating the deals. “We did this the right way. We’re happy to answer any questions they have,” said Steve Hill, LVCVA President and CEO. Sponsorship deals are completely in-line with WNBA CBA language and some players have deals with various companies in excess of the $100,000 payment from LVCVA. The issue could lie with the prohibition in the CBA where it is forbidden for teams or team affiliates to coordinate with third parties to “agree to pay compensation for basketball services (even if such compensation is ostensibly designated as being for non-basketball services) to a player under Contract to the Team.” In recent years the Aces have been investigated by the league multiple times, so this is nothing new for the team. If this investigation shows the payments to be real sponsorship deals as opposed to pay-for-play, then it will only be a matter of time before more tourism boards step up in various cities to do similar deals. For an in-depth analysis of what the difference between sponsorship deals and pay-for-play looks like in light of the WNBA CBA, then read this article by Michael McCann for Sportico. https://lnkd.in/eTg8NHSY #linkedinsports

7

Sports gambling is big business, and its impacts are far-reaching. My colleagues Jon Israel and Evan Bondoc discuss the effects of legalized betting on college sports. #SportsLaw #CollegeSports #SportsIndustry

17

If you are a college athlete trying to naviagte Name, Image, & Likeness deals then this post is for you! -Know your value -Understand the other side’s intentions -Remember your longterm vision -Ask clarifying questions -Understand that it’s okay to walk away At the end of the day, you should feel empowered to be your own advocate, but also know you are never alone when negotiating a deal or reviewing a contract. There are many free resources and services available to athletes and students alike when it comes to reviewing and negotiating contracts. Asking for help is a sign of strength and not weakness, so be sure to build your NIL team with confidence and clarity. Read more👇🏽 #sportslaw #linkedinsports

24

The Viability of a Salary Cap in College Football: A Balanced Approach to Athlete Compensation With the recent rulings in House v. NCAA and the ongoing Tennessee litigation, the call for fair compensation has never been louder. One proposed solution to this disparity is the implementation of a salary cap system, as discussed in a study by Savannah J. Rush and Elizabeth J. Rozell. But how viable is this approach? Economic Feasibility The study highlights that a salary cap system is economically feasible for all NCAA Division I Football Bowl Subdivision (FBS) programs. With a proposed cap of $3 million per program, each team can allocate a fair salary to its athletes while maintaining financial stability. This cap ensures that even smaller programs can compete by leveling the financial playing field. Impact on Athletes Adopting a salary cap would significantly improve the financial situation of college athletes. It would provide a minimum salary that covers the cost of living, reducing the financial burden on students who often come from disadvantaged backgrounds. Legal Considerations While Title IX and antitrust laws pose challenges, the study argues that these hurdles are not insurmountable. Title IX issues can be addressed by ensuring that female athletes’ scholarships remain unaffected. Antitrust concerns can be mitigated by having an organization like the National College Players Association represent the athletes in negotiations. Need for Regulation The near-complete deregulation of Name, Image, and Likeness (NIL) deals has created a wild west of compensation, lacking uniformity and fairness. Implementing a salary cap provides a structured and equitable system for all athletes. This approach is a viable alternative that addresses the current chaotic state of NIL regulations. Implementing a salary cap in college football isn’t just a possibility—it’s a necessary evolution in the landscape of college athletics. #CollegeFootball #AthleteCompensation #NCAARules #SalaryCap #HousevNCAA #TennesseeLitigation #NIL

2

--The lawsuit accuses the defendants of "systematically and intentionally" misappropriating the plaintiffs' publicity rights while "reaping scores of millions of dollars from Plaintiffs and similarly situated class members' participation in competition." --"The NCAA has conspired with conferences, colleges, licensing companies, and apparel companies to fix the price of student-athlete labor near zero and make student-athletes unwitting and uncompensated lifetime pitchmen for the NCAA." We have heard the same thing over and over again in multiple class action lawsuits filed against the NCAA and conferences for the past decade - with lawyers disguising their labor cases as publicity and "NIL" rights yet arguing that college athletes should receive a portion of broadcast revenue just like unionized professional players - and college athletes STILL aren't receiving any cash payments from their schools beyond $5,980 "education-based" awards while they continue to show up for work every day. The class action lawyers will keep arguing that schools are misappropriating publicity rights in game broadcasts until a federal court of appeals eventually rules their claim is preempted by copyright, which the NCAA and the conferences own. However, an unjust enrichment claim would likely survive copyright preemption for all the reasons I explain in a 2012 law review article titled, "Broadcast Rights, Unjust Enrichment, and the Student-Athlete." #ncaa #nil #copyright https://lnkd.in/gMYF33sd

4

5 Comments

Last week was the worst week for legalized sports betting since the U.S. Supreme Court made it possible for states to legalize sports betting. Not because of money or odds but because of integrity of the games--a key reason why sports betting was made illegal. My Sportico column:

13

6 Comments

Will college athletes be able to collectively bargain with schools and the NCAA and what impact will that have on college athletics? Please check out the latest from AJ Rudowitz, Bryan Shapiro and me.

12

It seems increasingly likely that the WNBA players will opt out of their current CBA at the end of the 2024 season. From veteran player Breanna Stewart recently revealing in a new documentary about the WNBA that she wanted to opt out of the current CBA to the most recent statement from the Players’ Association, something is definitely brewing. The WNBPA recently took to social media to clarify a few things regarding the 2020 CBA, which runs through 2027. -As good as the 2020 CBA is, player SALARIES have always been an issue. They didn’t just become an issue now. -The league’s talking point that a WNBA player can make up to $700k blurs the line between salary and additional compensation (bonuses/marketing agreements). Think about it, to come close there can only be ONE player and that ONE player MUST be perfect and have a perfect season. -And in the latest iteration of its talking point, the league now wants to take credit and count the NIL deals of this INCOMING rookie class. Endorsements are not salary. READ MORE: https://lnkd.in/etYzdxEk

6

1 Comment

Sports gambling is big business, and its impacts are far-reaching. My colleagues Jon Israel and Evan Bondoc discuss the effects of legalized betting on college sports. #SportsLaw #CollegeSports #SportsIndustry

8

With the NCAA and Congress making sweeping changes in college sports in recent years what will be next??? NIL has provided some great opportunities to athletes in financial need, however the idea of letting universities pay athletes directly is going to potentially have a larger negative effect. Where will this money come from? Which athletes deserve it? Revenue vs Non-Revenue Sports? How does it affect Title IX? We may be in for some big changes to make some things possible and will this leave more winners or losers in the overall picture? https://lnkd.in/ehkFfW44

11

Fixed Mindset vs. Growth Mindset in Sports Administration & Leadership In my recent class with future sport administrators, I discussed the importance of Fixed Mindset vs. Growth Mindset in Sports Administration Leadership. I often share my experiences in “cleaning up” toxic environments within organizations. Known as a fixer, I don’t relish this role because it involves tough decisions on relationships and ethics. However, it is essential for growth and building trust. If a leader cannot make a positive impact by the end of their first term, they should not expect to continue into a second or third term. Ideally, if significant positive impact is achieved within two terms, it’s time to start succession planning. Bringing in fresh perspectives and new leadership can propel the organization to the next level of growth. In any administration, the mindset of leaders profoundly affects the success and development of the association. Understanding the difference between a fixed mindset and a growth mindset is vital for creating a more effective and resilient sports environment. A fixed mindset sees abilities as static and unchangeable. Leaders with this mindset often avoid challenges, take criticism personally, believe talent is fixed, and resist innovation. This approach limits growth opportunities and hinders long-term development within the association. Conversely, a growth mindset believes abilities can be developed through effort, learning, and perseverance. Leaders with this mindset view challenges as opportunities, see feedback as valuable, invest in ongoing development, and embrace change and innovation. This mindset builds resilience and fosters continuous improvement. By fostering a growth mindset, sports leaders can make their organizations more adaptable and resilient, benefiting both athletes and overall organizational performance. So, what mindset will you choose when leading an organization? If you choose a growth mindset, Walk the Talk. #GrowthMindset #FixedMindset #SportLeadership

9

What happened in #gamblingregulation last week? Some highlights 👇 🇺🇸 DC Council approves sports-betting overhaul: ℹ️ The DC Council gave final approval Tuesday to legislation that will open the District of Columbia’s sports wagering market to multiple mobile operators for the first time. ➡️ More: https://lnkd.in/eTAwP-eY 🇬🇧 UK political scandal highlights industry's monitoring capabilities: ℹ️ The UK’s ongoing political betting scandal has shone light on the immense effort operators take to monitor bets and potential high-risk customers in the regulated market, say experts. ➡️ More: https://lnkd.in/eiFX3yEM 🇧🇷 Fortune Tiger: the game devouring Brazil: ℹ️ The proliferation of the online casino game Fortune Tiger on Brazilian social media continues to attract negative headlines as arrests of influencers involved in promoting the game multiply, with legal experts growing concerned at a possible knock-on impact for forthcoming regulations. ➡️ More: https://lnkd.in/e3s5Hn99 Plus, Vixio also reported on developments from: 🇦🇷 Argentina 🇬🇮 Gibraltar 🇰🇪 Kenya 🇺🇸 Nevada 🇵🇪 Peru 🇸🇪 Sweden ... and many more. _____________________________ Gambling regulation is dynamic and complex. Need an easier way to understand the regulations in each jurisdiction, and to stay-ahead of the latest changes/developments? Message me to learn more about the Vixio GamblingCompliance platform! #gamblingcompliance #gamblingindustry #gambling #gaminglaw

16

The country club industry seems to be thriving despite a struggling economy. According to Chris Davis, a director at Club Benchmarking, the number of country clubs with golf courses that have waitlists has increased from 25% in 2019 to 49% currently. Additionally, the median initiation fee has risen from $29,000 in 2019 to about $50,000 at the end of 2022, according to Club Benchmarking data. It appears that people are willing to invest in exclusive membership experiences despite economic uncertainty.

1

Sports gambling is big business, and its impacts are far-reaching. My colleagues Jon Israel and Evan Bondoc discuss the effects of legalized betting on college sports. #SportsLaw #CollegeSports #SportsIndustry

20

🚨🎲 A new bill in Minnesota, led by Rep. Zack Stephenson, would legalize sports betting in the state. House File 5274 aims to phase out historical horse race wagering machines while legalizing sports betting. However, the legislative deadline is on May 20, 2024. 📆 🔗 Learn more about how legalizing sports betting could impact the state of Minnesota here: https://lnkd.in/dFq5gEQJ #minnesota #sportsbetting #gamblingindustry

4

📊 New Data Tool for Evaluating Sports Franchises The University of Michigan - Stephen M. Ross School of Business has teamed up with Arctos Sports Partners to launch the pioneering Sports Franchise Index (SFI). This innovative initiative promises to transform how we understand the performance and valuation of sports franchises. 🔍 What is the SFI? The Sports Franchise Index offers a comprehensive and transparent measure of the financial and operational health of sports franchises. Utilizing robust data analytics, the SFI aims to provide deep insights into the sports industry. 💡 Notable Findings: - Long-Term Growth: The value of North American sports assets included in the index has compounded at 13.0% per annum over the last 60+ years, outperforming the equity market by 2.5%. - Superior Risk/Return: According to several measures of risk, North American sports assets included in the index possess risk/return characteristics superior to other traditional and alternative asset classes. 📊 Latest Performance Updates (as of Q1 2024): - Quarter-to-Date Return: 4.8% - Year-to-Date Return: 28.1% - Three-Years-to-Date Return: 16.7% 🔝 Year-Over-Year Performance: - Outperforming Assets: North American sports assets have outperformed global equities (23.8%), U.S. small cap stocks (19.7%), private credit (8.8%), private equity (6.0%), commodities (1.5%), and fixed income (1.3%). - Top Performers: The U.S. media and entertainment sector (53.6%) and U.S. equities (29.9%) have outperformed North American sports assets included in the index. This collaboration highlights a significant step forward in using data-driven strategies to revolutionize the sports industry. I've dropped a link to the announcement in the comments 👇 #linkedinsports #sportsfranchise

3

1 Comment

This is a good piece by Jesse on all the legal maneuvering currently happening regarding the potential House/Hubbard/Carter settlement and the future model for college athletics. Jesse touches on it, but something that’s not being discussed enough is the other pending case (like Carter) that is seeking to eliminate the NCAA’s rules that prohibit athletes from being paid for their athletic performance: Fontenot v NCAA. House, Hubbard, and Carter all have the same plaintiffs’ attorneys and all are pending in the same California federal court. Fontenot has separate plaintiffs’ attorneys and it’s pending in a Colorado federal court. And the NCAA has so far refused to involve them in the House settlement discussions. The NCAA has also filed a motion to consolidate Fontenot with the other three cases in the California court. Why? Because they’ll then attempt to settle the claims out from under the plaintiff and his attorneys, without their involvement. This is being done to avoid having to potentially change rules to allow college athletes to be paid for their athletic performance, which is the NCAA’s new line in the sand (which is always shifting and never has a procompetitive justification). The hearing on the motion to consolidate the Fontenot case is May 23, which not coincidentally is the deadline the House plaintiffs have given for agreeing to their settlement terms. The NCAA’s answer to the Carter complaint is also due five days after the consolidation hearing. The House settlement is being rushed to try and avoid having to deal with the Fontenot case and to file the answer in Carter. If the Fontenot case is not consolidated with the other three cases, it will likely proceed and the NCAA will be forced to continue having to try and defend its rules that prohibit compensation for athletic performance in court. Something it doesn’t want to do. It seems the Fontenot attorneys may be the ones looking out the most for current and future college athletes. #ncaa #collegeathletes #collegeathletics #sportslaw #LinkedInSports

11

3 Comments