Practice/Industry Group Overview
Duane Morris attorneys are among the pioneers in sports and recreation law. Our attorneys are nationally respected for their innovative and effective strategies in litigation, trial work, appellate work, risk management advice, ADR, and advice on issues with industry wide ramifications.
For the past 30 years, our attorneys have been at the forefront of work for the sports and recreation industry, including skiing and snow sports, golf, bicycling, and other outdoor industries. During that time, we have helped revitalize and define one of the most pressing issues to the sports industry: the doctrine of primary assumption of risk. Working on behalf of the ski industry, our attorneys helped establish the doctrine of primary assumption of risk defense, on a case-by-case basis, through the trial courts and appellate courts. The resultant rulings now serve as a basis for many defense victories in sport liability claims in virtually all industries.
Our group is adept at handling all levels of litigation, resulting in numerous summary judgments and defense verdicts for our clients. In instances where verdicts are challenged, we have attorneys experienced in representing clients through appeal. We also help clients identify which claims should be vigorously defended through trial and which should be settled. Our attorneys are particularly skilled in helping our clients weigh the risks of litigating against the importance of maintaining a reputation for not settling when there is little or no liability exposure.
Our skills and experience go well beyond litigation. We excel in handling cases involving high-profile catastrophic injuries, and in helping our clients manage the financial and public relations consequences of such events. We also advise many businesses on self-insurance programs.
Duane Morris acts as national supervising counsel for many well-known companies whose products include skis and ski bindings, mountain and road bicycles, in-line skates, scuba equipment, water ski equipment, snowboards and snowboard bindings, boats, personal watercraft, exercise equipment, motor vehicle tires, and motorcycle and bicycle helmets. Our clients include the owners and operators of ski resorts, golf courses and amusement parks; manufacturers, distributors and retailers of sports equipment, recreational boats, and personal watercraft; outdoor and guide operations; and sports and recreation industry trade groups.
Examples of our attorneys' experience include:
- Ski resort and golf course owner and operator representation
- Sports equipment products liability defense
- Breach of contract actions
- Catastrophic personal injury and wrongful death cases
- Employment and wrongful termination actions and ADA
- Environmental litigation
- Representation before the U.S. Consumer Product Safety Commission, including reporting and recall efforts
- Representation before the National Highway Traffic Safety Administration and National Transportation Safety Board
Advice and Counseling
- Risk management advice and document review
- Draft and review of promotional and licensing agreements
- Audit and advise on insurance coverage, both with traditional insurers and in self-insurance programs
Licensing and International Disputes
- Domestic and international contract review and negotiations, including manufacturing and distribution agreements, indemnity and insurance obligations, and trademark and patent licensing
- Dispute resolution through arbitration, mediation, injunctive relief and other litigation
Articles Authored by Lawyers at this office:
Video Gaming Bill Reintroduced in Pennsylvania
Adam Berger,Frank A. DiGiacomo,Eric D. Frank,Christopher L. Soriano, April 06, 2015
Pennsylvania House Bill 808, introduced this week, would authorize video gaming machines for video poker, bingo, keno and other games in establishments with valid liquor licenses, such as restaurants, bars, taverns, hotels or clubs, in Pennsylvania. In addition to providing an overview of the...
Bill Restricting Casino Gaming Operations in Pennsylvania Goes to Committee
Adam Berger, March 30, 2015
Last week, a Pennsylvania bill, which would restrict the hours of operation of Pennsylvania casinos, was referred to the House Committee on Gaming Oversight. Specifically, House Bill Number 165 would require casinos in the Commonwealth to close between the hours of 2 a.m. and 6 a.m. In a memorandum...
Anti-Money Laundering Remains at Forefront of Compliance in Nevada Gaming Industry
Jennifer Roberts, March 25, 2015
There is a lot of talk in the Nevada gaming industry about anti-money laundering efforts. In 1970, Congress passed the Bank Secrecy Act, which required banks to report large cash transactions in order to help find drug trafficking and tax evaders. The Bank Secrecy Act is enforced by FinCEN, the...
Pennsylvania Considering Video Gaming Machines Again?
Frank A. DiGiacomo, March 25, 2015
On February 12, 2014, the Pennsylvania House of Representatives’ Gaming Oversight Committee held a hearing to receive testimony regarding the prospects of legalizing electronic gaming devices, i.e video gaming machines, in the Commonwealth. The hearing focused on gaming along the lines of...
Kentucky Attorney General: Internet Sweepstakes are Illegal Gambling
Eric D. Frank, March 19, 2015
This past Friday, the Kentucky Attorney General issued an opinion (OAG-15-005) concluding Internet sweepstakes machines meet the definition of illegal lotteries under Kentucky law and computers used at Internet sweepstakes cafes constitute illegal gambling devices.
Kentucky Senate Approves Shared Lottery Games Measure
Eric D. Frank, March 19, 2015
The Kentucky Senate today approved a measure to amend Kentucky’s lottery laws to add “shared lottery games” tying lottery ticket sales and horse races together. Senate Bill 74 permits proceeds from lottery ticket sales to be used to place pari-mutuel wagers by the Kentucky Lottery...
Restoration of America’s Wire Act Reintroduced in Congress
Eric D. Frank, March 18, 2015
Representative Jason Chaffetz (R-UT-3) reintroduced the Restoration of America’s Wire Act today in the 114th Congress. The bill is identical to a measure set forth by Rep. Chaffetz in the last session of Congress.
Pennsylvania Could Enact Medical Marijuana Legislation In 2015
Seth A. Goldberg, March 13, 2015
On January 26, 2015, in a bipartisan effort, Pennsylvania senators Mike Folmer (R) and Daylin Leach (D) reintroduced to the General Assembly of Pennsylvania a bill (Senate Bill No. 3) providing for the medical use of cannabis in the Commonwealth of Pennsylvania. Senate Bill No. 3 comprises a...
Pennsylvania House Gaming Oversight Committee Introduces Bill That Would Allow Existing Casinos to Offer Internet Gaming
Adam Berger,Frank A. DiGiacomo,Eric D. Frank,Christopher L. Soriano, March 04, 2015
On February 25, 2015, John Payne, Chairman of the Pennsylvania House Gaming Oversight Committee, introduced a bill that would allow existing Pennsylvania casinos to offer Internet gaming to patrons in Pennsylvania. The Pennsylvania Gaming Control Board (PGCB), which currently regulates casino...