1 The VIRGINIA SPORTS AND ENTERTAINMENT LAW JOURNAL and the VIRGINIA SPORTS LAW SOCIETY Present university of Virginia SCHOOL OF LAW
2 WELCOME On behalf of the Virginia Sports & Entertainment Law Journal, I would like to welcome you to The State of Sports Law, an academic symposium on the current environment of the sports law field. We are honored to have an esteemed group of panelists who have taken time out of their busy schedules to discuss the most recent developments in an important area of law. Additionally, we are very grateful to our keynote speaker, DeMaurice Smith, executive director of the NFL Players Association, for offering his valuable insight into the negotiations surrounding the new 10-year collective bargaining agreement with the league. We would like to thank the cosponsor of this event, the Virginia Sports Law Society, as well as the sponsor of the breakfast, the JD/MBA Society. Finally, I would like to extend my utmost gratitude to Stacy Chung, Laura Haskins, Megan Kayo, Caroline Ryon and Kathryn Young, without whom this symposium never would have happened. I hope that everyone thoroughly enjoys this event. Sincerely, Lindsey Yeargin Editor-in-Chief
3 SCHEDULE 8-8:45 A.M. CHECK-IN AND CONTINENTAL BREAKFAST Sponsored by the JD/MBA Society 8:45-9 A.M. OPENING REMARKS 9-10:20 A.M. NCAA CONFERENCE REALIGNMENT Christian Dennie, Attorney, Barlow Garsek & Simon Mark Levinstein, Partner, Williams & Connolly Michael McCann 02, Professor and Director of the Sports Law Institute, Vermont Law School Bernadette McGlade, Commissioner, Atlantic 10 Conference Moderator J. Gordon Hylton 77, Professor of Law, Marquette University Law School; Visiting Professor of Law, University of Virginia School of Law 10:30-11:50 A.M. LEGAL IMPLICATIONS OF FINANCIAL DISTRESS IN PROFESSIONAL SPORTS Mark Levinstein, Partner, Williams & Connolly Michael McCann 02, Professor of Law and Director of the Sports Law Institute, Vermont Law School Tom Ostertag 81, Senior Vice President and General Counsel, Major League Baseball Moderator J. Gordon Hylton 77, Professor of Law, Marquette University Law School; Visiting Professor of Law, University of Virginia School of Law 1-2 P.M. KEYNOTE ADDRESS DeMaurice Smith 89 Executive Director, National Football League Players Association 2:10-3:30 P.M. AMATEURISM AND THE STUDENT ATHLETE Christian Dennie, Attorney, Barlow Garsek & Simon Roscoe Conklin Howard Jr. 77, Partner, Andrews Kurth; Member NCAA Division I Committee on Infractions J. Gordon Hylton 77, Professor of Law, Marquette University Law School; Visiting Professor of Law, University of Virginia School of Law Alan Milstein, Shareholder and Co-Managing Shareholder; Member, Executive Committee, Sherman Silverstein Rob Slavis, Assistant Athletic Director, University of Virginia Moderator Michael McCann 02, Professor of Law and Director of the Sports Law Institute, Vermont Law School 3:40-5 P.M. SPORTS LAW ANALYTICS Robert Forbes 07, Associate, Proskauer Ryan Rodenberg, Professor, Department of Sport Management, Florida State University Bryan Stroh 02, Vice President and General Counsel, Pittsburgh Pirates Kelly Wilson, Assistant Counsel, Under Armour Moderator Thomas Nachbar, Professor of Law, University of Virginia School of Law
4 KEYNOTE SPEAKER DEMAURICE F. SMITH 89 Executive Director, National Football League Players Association DeMaurice Smith was elected unanimously to his post as executive director of the NFL Players Association by a board of active player representatives on March 16, In 2011 Smith led the NFL players through a 134- day lockout by the National Football League, culminating in a 10-year collective bargaining agreement. Prior to his election, he was a trial lawyer and litigation partner in the Washington, D.C., offices of the law firms Patton Boggs and Latham & Watkins. In private practice, he represented Fortune 500 companies in criminal and complex civil cases, compliance matters and internal investigations. He has argued numerous cases before the U.S. Court of Appeals for the District of Columbia Circuit and the District of Columbia Court of Appeals. Smith previously served as counsel to then-deputy Attorney General Eric Holder in the U.S. Department of Justice before entering private practice. His duties revolved around national security issues, congressional relations, and DOJ budget and finance allocation. For 10 years he served in the U.S. Attorney s Office for the District of Columbia, where he held senior positions in the Violent Crime and Transnational and Major Crime sections. He prosecuted more than 80 jury trials and handled some of the most significant homicide, narcotics and white collar criminal investigations in the history of that office. Smith is a fellow of the American College of Trial Lawyers, has served on the Board of Governors of the D.C. Bar Association, and is the former president of the Assistant United States Attorney s Association. He is also a member of the Board of Advisors for the Office for Access and Advancement for Public Black Universities of the Association of Public and Land Grant Universities. He is a recipient of the Attorney General s Award, the John Evans Trial Advocacy Award from the United States Attorney s Association, and the 2010 Cedarville College Alumnus of the Year Award. Smith is a graduate of the University of Virginia School of Law and received his bachelor s degree in political science from Cedarville University, a Christian college in Ohio. He continues to teach at the National Trial Advocacy Institute at the University of Virginia.
5 PARTICIPANTS CHRISTIAN DENNIE Attorney, Barlow Garsek & Simon Christian Dennie focuses on commercial matters and sports law, including issues related to intercollegiate athletics, league governance and collective bargaining. He has served clients across the state of Texas and nationally in myriad legal disputes and negotiations. Dennie has tried more than 40 cases before judges, juries and arbitrators. Prior to joining Barlow Garsek & Simon, he worked in the athletics department at the University of Oklahoma and the University of Missouri. His athletics experience includes NCAA compliance and investigations, gameday operations, and drafting and negotiating transactional documents. Since his return to private practice, Dennie has continued to work with and advise sports-related clients, including student athletes, coaches, conference offices, recruiting services, sports equipment providers and retailers, sports unions, and professional sports franchises and related entities, in litigation, NCAA compliance matters, and negotiating and drafting of agreements. He has drafted and negotiated coaches contracts, facilities agreements, sponsorship and marketing agreements, compliance and recruiting manuals, and collective bargaining agreements. Dennie is an adjunct professor of law at Texas Wesleyan School of Law, where he teaches sports law and a deposition skills practicum. Prior to returning to private practice, Dennie also taught sports law at the University of Missouri School of Law. ROBERT D. FORBES Associate, Proskauer Robert D. Forbes is an associate in the Litigation Department of Proskauer s Los Angeles office. He has experience in a variety of complex litigation matters in both federal and state courts involving contract, antitrust, copyright, trademark, First Amendment, defamation, Internet privacy, director/officer liability and general commercial disputes. As a member of the Sports Law Group, a significant portion of Forbes practice is dedicated to litigating issues and counseling clients active in the sports business. Forbes has represented Major League Baseball and the New York Jets in court, as well as other major corporate clients. Forbes frequently writes on issues relating to his areas of practice. His articles have appeared in BNA s World Intellectual Property Report, Sports Law Administration & Practice, IP Frontline, and E-Commerce Law Reports, and he is a regular contributor to Proskauer s Privacy Law Blog. ROSCOE CONKLIN HOWARD JR. Partner, Andrews Kurth Roscoe C. Howard Jr. specializes in white collar criminal matters, corporate compliance and ethics issues, and complex litigation at Andrews Kurth. He is a member of the Corporate Compliance Investigations and Defense and the Antitrust Litigation practice groups. Prior to private practice, Howard was appointed by President George W. Bush to serve as the U.S. attorney for the District of Columbia from Before that he served as a tenured professor at the Univer-
6 sity of Kansas School of Law, where he taught from 1994 to Howard has also twice served as an associate independent counsel, and previously held positions as an assistant U.S. attorney in the District of Columbia, as well as the Eastern District of Virginia in both Richmond and Alexandria. As a federal prosecutor he has handled criminal cases involving narcotics trafficking, homicides, fraud and public corruption, as well as dozens of trials and investigations before the District of Columbia Superior Court and numerous grand jury investigations. He has also argued appeals before the U.S. Court of Appeals for the Fourth Circuit and served as the Organized Crime Drug Enforcement Task Force coordinator while in Richmond and chief of the task force that prosecuted cases arising from a local prison. Howard served as a staff attorney for the Federal Trade Commission s Bureau of Competition from 1981 to 1984 and was an associate in two District of Columbia law firms after graduating from the University of Virginia School of Law in He clerked for Judge Raymond L. Finch of the Territorial Circuit in St. Croix, U.S. Virgin Islands, immediately following law school. Before law school he attended Brown University, where he played varsity football. Howard is a member of the NCAA Division I Committee on Infractions, serves as the chairman of the U.S.-Canada Fulbright Board of Directors, is a member of the Washington Lawyers Committee and the Virginia Bar Association Jury Task Force, and serves on the Board of Directors of the Roger Williams University School of Law. He has authored numerous articles on criminal law and procedure and frequently speaks at white collar crime seminars and institutes. Howard was named one of Washington s Top Lawyers by Washingtonian Magazine in J. GORDON HYLTON Professor of Law, Marquette University Law School; Visiting Professor of Law, University of Virginia School of Law J. Gordon Hylton is a graduate of Oberlin College and the University of Virginia Law School. He also holds a Ph.D. in the history of American civilization from Harvard University and formerly clerked for Justice Albertis S. Harrison and Chief Justice Lawrence I Anson of the Virginia Supreme Court. Since 1995, Hylton has been a member of the Marquette Law School faculty. He previously taught at the Chicago-Kent College of Law of the Illinois Institute of Technology, and has served as a visiting professor of law at Washington University, Washington and Lee University, and the University of Virginia. He currently serves as a member of the Diversity Committee of the American Bar Association s Section on Legal Education and Admission to the Bar. He is also past chair of the Association of American Law School s Sections on Legal History and Sports Law and is the Marquette representative to the American Society of Comparative Law and the International Association of Law Schools. Hylton is a past recipient of the Gihardi Award for Excellence in Teaching and the Teaching Award presented by the Marquette Chapter of Phi Delta Phi Legal Fraternity. Earlier in his career he was named professor of the year at the Chicago-Kent Law School on three occasions, and was twice the recipient of the Illinois Institute of Technology s award for superior teaching. He is also the only visiting professor to be named professor of the year at Washington University Law School. His current research interests focus on the history of the legal profession, the history of civil rights and the legal history of American sports.
7 MARK LEVINSTEIN Partner, Williams & Connolly Mark Levinstein is a partner at Williams & Connolly and a practicing trial lawyer who has been one of the leaders of the law firm s antitrust and business litigation practices since the mid-1980s. Levinstein also has a varied sports law practice, which includes representing businesses and individuals in sports litigation, arbitration, negotiation and business planning. Levinstein s sports practice has involved controversy work representing sports clients in anticipation of and in arbitration, litigation and trial concerning sportsrelated disputes. However, he has also helped plan and form sports-related businesses, and negotiated many sports-related agreements. He has counseled clients on issues involving owning and managing professional sports leagues, including the financing and leasing of professional sports stadia and arenas. Levinstein has been an adjunct professor in antitrust and sports law at the Columbus School of Law at Catholic University, the George Washington University Law School and most recently at the Georgetown University Law Center, and he is the co-author of a leading sports law casebook. He was identified as one of Washington s Top Lawyers by Washingtonian magazine (since 2006). In more than 28 years at the law firm, he has handled litigation at the trial and appellate levels, representing both plaintiffs and defendants in state and federal courts. MICHAEL MCCANN Professor of Law; Director, Sports Law Institute, Vermont Law School Michael McCann has received international recognition for his expertise in sports law, media and broadcasting law, labor law and antitrust. In addition to serving as a professor at Vermont Law School, where he directs the Sports Law Institute, McCann is the on-air legal analyst for NBA TV, a legal analyst for Sports Illustrated and the Sports Law columnist on CNNSI. He has been honored by The American Lawyer, the Newhouse School of Public Communications and the Society for Social Psychology and Personality (2011 Media Prize) for excellence in journalism. McCann also teaches a sports law and analytics reading group at Yale Law School, the first such course to be offered at a law school. McCann co-founded the Harvard Law School Project on Law and Mind Sciences and is the Distinguished Visiting Hall of Fame Professor of Law at Mississippi College School of Law. He has authored 17 law review articles in such publications as the Yale Law Journal, Boston College Law Review, Wisconsin Law Review and the Virginia Sports and Entertainment Law Journal. Prior to becoming a law professor, McCann served as counsel to college football star Maurice Clarett in his lawsuit against the National Football League and its age-eligibility rule. He also served as a visiting researcher at Harvard Law School and legal counsel to U.S. Congressman Marty Meehan. McCann has been frequently interviewed on television programs on CBS, HBO, CNN, Fox and CNBC. While a student at the University of Virginia School of Law, McCann served as editor-in-chief of the Virginia Sports & Entertainment Law Journal.
8 BERNADETTE V. MCGLADE Commissioner, Atlantic 10 Conference Following a notable career as a student athlete, Bernadette V. McGlade has spent nearly 30 years as a collegiate coach and athletics administrator. Since she assumed her post as the fifth full-time commissioner of the Atlantic 10 Conference in 2008, McGlade has aimed to improve the student-athlete experience and has worked with television partners to increase the number of Atlantic 10 games aired. She currently serves on the NCAA Men s Basketball Officiating Board of Directors and the NCAA Honors Committee. She also is the Division I vice president for the Collegiate Commissioners Association. McGlade spent 11 years at the Atlantic Coast Conference prior to her arrival at the A-10, including the last nine as associate commissioner. During that period, she also participated on the eight-person NCAA Television Negotiating Committee, a group that secured what was, at the time, the largest television contract for any sporting event, totaling $6.2 billion in revenue from CBS for the NCAA men s basketball championship. Additionally, the group secured the current ESPN contract for the NCAA women s basketball championship and numerous additional National Championships rights, in excess of $162 million. Prior to arriving at the ACC, McGlade served for 17 years at the Georgia Institute of Technology, initially as the first female head coach for women s basketball there. By 1983, McGlade assumed the responsibilities of coordinating women s sports at Georgia Tech, where she helped elevate several sports to the varsity level. Throughout the 1990s she expanded her responsibilities and experience by serving as the tournament director for the 1993 NCAA Women s Final Four, which secured the first pre-sellout in the history of the event. Additionally, she served for a year and a half as the 1996 Olympic Games liaison for the Georgia Tech Athletic Association, developing and coordinating the association s strategic plan. In 2000, McGlade was recognized as the WBCA National Administrator of the Year, and was inducted into the Georgia Tech Athletic Association Hall of Fame and the South Jersey Women s Basketball Hall of Fame. McGlade earned both her undergraduate and graduate degrees from the University of North Carolina. ALAN MILSTEIN Shareholder and Co-Managing Shareholder; Member, Executive Committee, Sherman Silverstein Alan C. Milstein is a nationally recognized litigator in the areas of sports law and bioethics. He graduated with honors in 1983 from Temple University School of Law, where he was a member of the Board of Editors of the Temple University Law Review. Milstein has represented athletes seeking to enter professional leagues, players in team negotiations, and athletes in lawsuits against sports agents. He has lectured extensively on bioethics in clinical trials and on sports law. Milstein has been invited to make presentations on sports law at Harvard University Business School, the Wharton School of the University of Pennsylvania, Yale Law School, Syracuse University School of Law, Temple Law School, the Mississippi College of Law, the Boston College School of Law, New York Law School and St. John s University School of Law. Milstein has also appeared as a guest on The James Brown Radio Show, HBO s NFL Week with Bob Costas, ESPN s Sports Center and Cold Pizza, and has been
9 profiled in the New York Times, Washington Post, Philadelphia Inquirer, Chronicle of Higher Education, American Lawyer and other publications. THOMAS B. NACHBAR Professor of Law, University of Virginia School of Law; Senior Fellow, Center for National Security Law After earning his undergraduate degree in history and economics, Tom Nachbar spent five years as a systems analyst, working for both Andersen Consulting and Hughes Space and Communications before entering law school, where he served on the University of Chicago Law Review and was elected to the Order of the Coif. After graduation, he clerked for Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit and later practiced with what is now Mayer Brown in Chicago as a member of the firm s appellate litigation, information technology, and intellectual property practice groups. Nachbar s previous research has addressed how the availability of new technologies alters conceptions of regulation; his current work is on the relationship between public and private regulation of markets. He is a co-author (with Glen Robinson) of the casebook Communications Regulation. In addition to his work on regulation, Nachbar works extensively in the national security arena, focusing on detention law and policy and the role of legal institutions in counterinsurgency and stability operations. He is a judge advocate in the U.S. Army Reserve, where, among other assignments, he was a principal editor and contributor for the first three editions of The Rule of Law Handbook: A Practitioners Guide (from ). He is currently assigned to the Office of the Judge Advocate General, International and Operational Law Division. In addition to his military service, he is a civilian senior adviser for the U.S. Department of Defense, Office of Rule of Law and Detainee Policy, and a senior fellow at the University of Virginia s Center for National Security Law. TOM OSTERTAG Senior Vice President and General Counsel, Major League Baseball Tom Ostertag joined Major League Baseball in He held various positions in both the Commissioner s Office and Major League Baseball Properties until he was named general counsel in the Commissioner s Office in He was appointed senior vice president and general counsel, his current position, in Ostertag is responsible for legal work in the Commissioner s Office, including that relating to broadcasting, club ownership matters and litigation. He is also an officer of Baseball Assistance Team, a charity of former players that helps former players and others in the baseball family in need. He joined Major League Baseball from the New York law firm of what is now Sidley Austin, where he had been since Ostertag received his law degree from the University of Virginia School of Law in 1981 and his undergraduate degree from Dartmouth College in Additionally, Ostertag authored an article titled Baseball s Antitrust Exemption: Its History and Continuing Importance for the Virginia Sports & Entertainment Law Journal in 2004.
10 DISTINGUISHED PANEL- RYAN RODENBERG Professor, Department of Sports Management, Florida State University Ryan Rodenberg is an assistant professor in the Department of Sport Management at Florida State University. Prior to entering academia, he served as associate general counsel at the sports marketing firm Octagon in Washington, D.C. He earned his law degree from the University of Washington in 2000 and his Ph.D. from Indiana University in He has published a number of academic articles in both law reviews and peer-reviewed journals ROB SLAVIS Assistant Athletics Director, University of Virginia Rob Slavis was named assistant athletics director for compliance at Virginia after serving as the assistant athletics director for compliance at Georgia State University since At Virginia, Slavis is responsible for compliance with all NCAA, Atlantic Coast Conference and University rules and regulations, concentrating in the areas of education and interpretation. He also assists with other duties that support the overall objectives of the compliance program. Prior to assuming his position at Georgia State, Slavis was the assistant director of compliance at Jacksonville University from He earned his bachelor s degree in political science from Union College in 1996 and his master s degree in physical education from Florida State in BRYAN STROH Vice President and General Counsel, Pittsburgh Pirates Bryan Stroh provides legal counsel to the Pittsburgh Pirates club on both baseball and business-related issues. Within the club s baseball operations, Stroh handles a variety of player contract negotiations and is responsible for the club s salary arbitration cases. Stroh also manages all contract, labor and employment, insurance and intellectual property issues, and contributes to various strategic and risk-management matters within the club s business operations. Prior to joining the Pirates, Stroh spent nine years with Katten Muchin Rosenman in Chicago, where he was a partner with a practice focused on sports-related issues, commercial litigation and white collar criminal defense. In particular, Stroh represented the Chicago White Sox and Cleveland Indians on several matters, including salary arbitration. Other sports teams Stroh represented include the Oakland Athletics, the Chicago Bulls, and the Chicago Fire and Philadelphia Union of Major League Soccer. Stroh earned his law degree from the University of Virginia and majored in politics at Princeton, where he was a pitcher for the baseball team.
11 THANK YOU KELLY WILSON Assistant Counsel, Under Armour Kelly Wilson received a B.A. from Bucknell University in 2000, where she was a fouryear varsity letter winner and captain in swimming and played water polo. She graduated from the George Washington University School of Law in 2005 and worked for six years in-house at Octagon, a global athlete representation, event management and sports marketing company. She now works in-house at Under Armour, where she drafts and negotiates sports marketing and brand-related agreements. We would like to thank our panelists, moderators and DeMaurice Smith for participating. Special thanks goes to Dean Paul Mahoney, Dean Martha Ballenger, Jason Dugas, Laura Monroe, Diddy Morris, Jason Wu Trujillo and the Law School s Communications Office. Thank you also to our donors, the JD/MBA Society and BarBri. PROGRAM ORGANIZERS Stacy Chung Laura Haskins Megan Kayo Caroline Ryon Kathryn Young
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