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|Crowdfunding until You “Make It”|
Elizabeth Ann Clippard; Butler Snow LLP;
February 4, 2016, previously published on January 22, 2016A major problem for most entertainment artists (“artists”) is funding their work and covering their living expenses while they build a following. Traditional sources of funding can be hard to come by without a large institutional investor or a label prepared to front all of the costs...
|Daily Fantasy Sports Contests - Illegal Gambling or Not?|
Brenner Lackey McDonald; Butler Snow LLP;
February 4, 2016, previously published on January 21, 2016 Nationwide, the Daily Fantasy Sports (“DFS”) Industry, including heavy hitter players DraftKings and FanDuel, is growing exponentially but not without controversy. The debate is burgeoning - are DraftKings and FanDuel running blatant illegal gambling operations or are the two giants...
|Sweeping Advertising Statements Can Be Misleading|
Michael Rainer; GRP Rainer LLP;
January 27, 2016, previously published on January 25, 2016The Landgericht Berlin (Regional Court of Berlin) ruled on April 14, 2015 that blanket advertising of savings is misleading to consumers (Az.: 103 O 124/14).
|Congress Tackles Concussions|
McDonald Hopkins LLC;
January 20, 2016, previously published on January 8, 2016On Tuesday, House Energy and Commerce Chairman Fred Upton (R-MI) announced that three of his subcommittees will partner on a comprehensive review of head injuries. The review will bring partners in from the medical community, the military, athletes, and other stakeholders to provide the broadest...
|Say it Ain't So Barry:" A Brief Commentary on United States v. Barry Lamar Bonds|
Moses Luski; Shumaker, Loop & Kendrick, LLP;
January 15, 2016, previously published on Autumn 2015More so than the other major sports, the sport of baseball has an especially rich lore which covers a wide range from the noble, to the comic and fabulous, with a strong dose of scandal and depravity in between. For a sublime moment, consider for example, Babe Ruth’s called shot in the 1932...
|Still No NCAA Pay for Play-9th Circuit Denies O’Bannon v. NCAA Rehearing En Banc|
John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
January 4, 2016, previously published on December 16, 2015On December 16, 2015, the Ninth Circuit Court of Appeals decided that it would not rehear its earlier decision in a high-profile case on payments that can be made to student-athletes. Nearly three months earlier, a panel of the Ninth Circuit had upheld a lower court’s ruling that the...
|Massachusetts: Officials Grapple with Daily Fantasy Sports|
David H. Godenswager, David M. Kall; McDonald Hopkins LLC;
November 10, 2015, previously published on November 5, 2015“After experiencing unprecedented popularity and financial success throughout the summer and fall, the daily fantasy sports industry, it could be said, is no longer having its moment in the sun,” opined a Sports Illustrated columnist in a recent article. The author was referring to the...
|Congress Eyes Fantasy Sports Sites|
McDonald Hopkins LLC;
October 22, 2015, previously published on October 9, 2015Even before a New York Times article that said an employee of the fantasy sports website DraftKings may have engaged in betting with insider information on a rival site - FanDuel - a bet that won him $350,000, the largely unregulated industry was facing scrutiny from some members of Congress. Since...
|Daily Fantasy: Meteoric Rise, Legal Questions, and Unfolding “Scandal”|
Lynne Levin Kaufman; Cooper Levenson, P.A.;
October 22, 2015, previously published on October 6, 2015Now that we are into the second month of the football season - what is the biggest story of the season? Well, if you have a television, computer, or smart phone, you know that the answer is DAILY FANTASY. And that was before the “scandal” (to be discussed later) that unfolded just as I...
|NLRB Declines to Exercise Jurisdiction Over College Football Players' Petition|
Brian Smith; Heyl, Royster, Voelker & Allen Professional Corporation;
October 22, 2015, previously published on Fall 2015College athletics, particularly college football, is a major source of revenue for many colleges and universities. Recently, Northwestern University has been in the spotlight as some of its football players have sought to unionize. In the 2012-2013 academic year, Northwestern University generated...