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Services Available
Our team of 20 sports lawyers works closely with corporate, intellectual property, labor, public finance, construction, tax and real estate colleagues throughout the firm to give sports industry clients multidisciplinary advice tailored to their needs. All of these Manatt lawyers speak the language of sports, and of sports business. We propose strategies and prepare contracts and agreements that our clients understand and accept with confidence. Our goal is to protect their interests – and we use our four decades of experience in the industry to develop the best ways of doing it by focusing in the following areas:
Marketing and Sponsorship
Our powerful relationships with advertising agencies, corporate sponsors, sports agents and athletes, formed by years of experience as one of the premier advertising and marketing law firms in the industry, are the foundation for our counsel on advertising, endorsement, licensing and sponsorship opportunities for athletes, teams, leagues and many Fortune 500 companies. With our comprehensive practice strengths, we can handle the trademark and copyright details, ensure compliance with advertising laws and regulations, resolve any union-related issues, and advise on key transactional issues such as compensation, royalties, and exclusivity. We have particular skill in helping athletes like a world-famous professional golfer protect all rights to names and likenesses through trademark registration. Should disputes arise on any of these issues, our litigators are skilled and tenacious at representing the best interests of our clients.
Sweepstakes and Promotions
We understand the complex web of state and federal laws governing promotions and sweepstakes. Because Internet-based promotions are subject to all state laws regulating gaming and requiring unrestricted contest entry, we regularly update our comprehensive promotions guidelines to ensure compliance. Manatt attorneys are experienced in the most complex promotional issues faced by the leading sports entities, as well as corporate sponsors such as one of America’s largest brewers and a major insurance company. We’ve also represented numerous Fortune 500 Clients in negotiating multi-million dollar sponsorship agreements and related personal contracts with the major leagues, celebrities and tournaments. Our nationally recognized media and advertising practice puts special emphasis on representing electronic media companies like the leading cable sports network as well as major producers of sports publications, and has defended major advertisers in claims brought by a large entertainment industry guild regarding endorsement and sponsorship agreements with celebrity athletes.
Internet and Gaming
Manatt represents sports industry clients in the online world using our unsurpassed experience at structuring and negotiating e-business agreements and Internet advertising and marketing deals. We give the right advice—fast—on all the contractual basics covering co-marketing and distribution, click-through and web-wrap agreements, partnering and user agreements, and content licensing. In one major example, we represented a marketing affiliate of professional football in a strategic deal with an Internet content network.
Few aspects of sports presence on the Internet are more complex and controversial than gaming. We advise several clients regarding the impact of the federal Unlawful Internet Gambling Enforcement Act of 2006 and other regulations on poker and online gaming. Manatt also has a special emphasis on the operation of fantasy sports leagues, which often have a strong online emphasis. We are members of the Fantasy Sports Trade Association (FSTA), and have advised clients such as the largest professional hockey league and a leader in broadcast sports programming regarding various aspects of fantasy sports activity.
Finance and General Business
Manatt uses our capabilities as a leading corporate firm to handle a wide range of financing and contractual matters for sports teams, sports authorities and other key industry stakeholders. In typical matters on the finance side, we represented a large financial institution in renegotiating a credit facility with a professional football franchise, and advised on the pension plan of an association for tennis professionals.
Contractual issues are a major part of our sports business counseling. We advise a worldwide ticket service and a professional basketball franchise on their business relationship, and negotiated a new long-term lease for playing a major California university’s football games at its traditional venue. Manatt also represented a California city in a transaction designed to keep a well-regarded professional tennis tournament in California.
Facility Work
We have done considerable work on acquisition and construction matters involving professional sports facilities in Southern California, including the practice facility for an NBA team, the land purchase for a large speedway, and due diligence for the acquisition of a professional baseball franchise and a leading horse racetrack. Manatt also represented the seller of a professional hockey franchise, and a major national sports organization on the real estate and financing aspects of a significant training facility.
Corporate Sponsorships
Manatt’s extensive client roster of major consumer product and service companies has afforded it the opportunity to negotiate large scale and highly sophisticated sponsorship arrangements on behalf of corporate brands. We have the unique distinction of having represented clients both on the property and corporate side and accordingly have a great understanding of the needs of both sides to the transaction. Accordingly, we are highly skilled in facilitating successful negotiations and bridging the gap between the needs of the corporate sponsor and property owner. Some representative matters have included:
§ Negotiating with FIFA on behalf of major credit card company for multi-year sponsorship rights;
§ Negotiating with various MLB teams for sponsorship rights on behalf of corporate sponsors;
§ Negotiation of sponsorship agreement with major sports broadcasting network on behalf of a major beer company; and
§ Negotiation of numerous individual athlete sponsorship agreements with major advertisers.
Personal Representation
For individual athletes and other sports industry figures, our attorneys have handled salary negotiations, endorsement contracts and a wide range of general business issues. Because athletes and sports industry figures have a higher profile than ever before, they are increasingly involved in litigation, and we use Manatt’s nationally recognized trial capabilities to defend our clients’ interests in court and through negotiation. A sampling of our individual representation includes:
§ Negotiating commercial tie-ins of the names, likenesses and voices of celebrities;
§ Handling contract negotiations for various professional players, and for one of the top college baseball coaches in the country;
§ Preparing the economic analyses used in several successful arbitrations with free agents of a California-based professional baseball team;
§ Representing a player for a professional football franchise in a lawsuit for involving the value of his endorsement;
§ Defending a former member of a professional basketball team in a criminal matter in New York State court;
§ Counseling a sports agent in an investigation by the NCAA and the office of the Florida Attorney General;
§ Representing a well known physical therapist working for high profile athletes in connection with a matter before the California Physical Therapy Board; and
§ Serving as counsel to the team doctor of a California-based professional football franchise.
Dispute Resolution
Individual sports industry figures, sports franchises, national amateur organizations, and leagues are equally liable to be involved in complex legal disputes. Manatt litigators have handled controversies on issues ranging from antitrust (defending a professional league and major federation against antitrust claims made by the authority that runs a large stadium), to compliance with various public accessibility laws and regulations (representing an association of professional athletes), to general commercial litigation (representing a major boxing industry promotion company in a federal action brought by the company of another boxing promoter). Manatt is currently representing retired NFL players in a dispute with their union.
Public Policy Advocacy
With a nationwide government law and public policy practice that is second to none, Manatt protects the vital interests of sports industry clients in administrative and legislative hearings, rulemaking and regulatory proceedings, personal communication and lobbying. Our public policy group members draw upon years of experience gained in elective offices, service on legislative and executive staffs, and in senior appointive positions at every level of government to effectively communicate our clients’ interests and concerns directly to those responsible for policy decisions on the federal and state issues most important to them. Professional soccer is a special area of emphasis for us, as we have done a variety of federal legislative work for professional soccer’s top championship and have used our international policy connections to represent a professional league in several matters in Mexico. Our firm has also done lobbying work on behalf of a professional league for the establishment of a franchise in Washington, D.C.
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