Legal and Ethical Issues in Sports and Entertainment Law 2020

1 - (1:10 pm) The NCAA, Amateurism, and Name, Image and Likeness:  It’s Complicated

Professor Barbara Osborne, Exercise and Sport Science and School of Law, University of North Carolina at Chapel Hill

Name, image and likeness rights and appropriate compensation for student-athletes has been a major issue for the NCAA for the past decade.  Pressure for the NCAA to change their rules has mounted in the courts and through state and federal legislation.  This presentation will provide a brief history of the legal foundations of amateurism and name, image and likeness rights, and past NCAA-related cases.  Next, an overview of the relevant NCAA amateurism rules is provided.  The California Fair Pay for Play Act is introduced as the catalyst for the current recommendations for changes coming from the NCAA Federal and State Legislation Working Group as well as the avalanche of proposed legislation at the state and federal level.  In conclusion, potential solutions relative to trademark, group licensing, and federal legislation are provided.

2 - (2:10 pm) Current Issues in Sports Facility Naming Rights

Professor Bill Miller (L’96), Chair & Associate Professor - Health, Exercise & Sports Management Department, University of Wisconsin - Parkside

An overview of recent developments surrounding sports facility naming rights agreements including an overview of recent litigation/industry disputes, recent deals and negotiating strategies.

3 - (2:40 pm) Ethical Pitfalls in Representing Creative Collaborators (Organization as Client)

Attorney Bryan T. Kroes (L’13), Hurtado Zimmerman SC

This CLE examines ethical considerations for counsel representing a group of individuals who have come together to collectively pursue an endeavor in the entertainment industry. This can either include representation of organizations such as bands or film crews, or situations where an attorney already representing an entity (such as a record label), may be brought to the table as “the lawyer”, thereby giving an individual the impression that the attorney also represents that individual. By examining Wisconsin Supreme Court Rules, statutes, and case law, this CLE aims to assist counsel in identifying and dealing with these scenarios at all stages of representation. While discussed in the context of sports and entertainment law, the general ethical principles discussed in this CLE can also be used throughout other practice areas.

4 - (3:05 pm) Risks and Ethical Considerations Associated with Multi-Jurisdiction Practice (MJP)

Attorney, Daniel E. Kattman (L’00), Shareholder, Reinhart Boerner Van Deuren s.c.

Technology has made it easier for attorneys to engage clients from virtually any location in the world. As a result, attorneys are often called upon to negotiate, advise, litigate, and render legal services to clients in jurisdictions where that attorney is not licensed.  This CLE examines ethical considerations for counsel engaged in Multijurisdictional Practice of Law (MJP) and unauthorized practice of law (UPL); and will examine recent changes to relevant ABA Model Rules and various state rules and court decisions. While discussed in the context of sports and entertainment law, the general ethical principles discussed in this CLE can also be used throughout other practice areas.

Professor Paul Anderson (L’95)

Director, Sports Law Program and National Sports Law Institute, Marquette University Law School

Attorney Peter Strand, Partner, Mandell Menkes, LLC, Chicago, Illinois