The new trend in terms of contract negotiations for players recently has been holding out of training camp in search of a new deal. This strategy, though it hasn’t seemed to work so well for players like Le’Veon Bell or more recently Saquon Barkley, has been employed throughout the history of sports. However, after the signing of the 2020 NFL Collective Bargaining Agreement, the new trend has now become “holding in.” This agreement has taken away from teams the right to waive fines for players that refuse to report to mandatory training camp before the season starts. In the past, teams had the ability to simply do away with fines that players accrued while waiting for a new contract to be negotiated. This deal takes this power away from them, leaving players to foot the bill for missed team practices. This turning point has led to players reporting to training camp, but merely sitting on the sidelines and watching team activities, but not participating in them. This allows them to dodge those pesky fines, but still make a statement to the team that they refuse to play under their current contract. This has been the strategy of current Colts running back Jonathan Taylor, who has been seen on video from the press reporting to training camp, but simply watching from afar wearing a t-shirt and bucket hat. This could have an effect on how long players are willing to wait before the season to negotiate new contracts, as they can wait longer while not having to pay any monetary penalties, and potentially train by themselves in order to get ready for the new season. This adds a completely separate layer to negotiations, as it was reported that both Joe Burrow and Justin Herbert were waiting for one another to sign long-term contract extensions before they signed their own, in hopes to outdo one another. For the running backs, as it has been widely reported in the media, this trend could potentially work in the future, though it has not been effective to this point. Saquon Barkley held out for a bit until he returned to sign a deal netting him slightly less than what the franchise tag would have, but he did make public the fact that the running back position has been underpaid and thrust the issue into the public spotlight. The tactics for NFL players in their search for new deals have expanded, and the CBA may have to be expanded to cover situations like this. It’s hard to gameplan for every possible negotiating angle that players can use, and this may be a trend that could exist for a while, given that the current CBA doesn’t expire until March of 2030 - the end of the league year. It is certainly an interesting development that allows players to have a bit of bargaining power while still making sure that the team doesn’t forget that they have an issue. Holdouts for some players like the aforementioned Le’Veon Bell (who sat out the entirety of the 2018 season) have been largely ineffective, but here’s to the players trying to give themselves a voice. Jon Trusz is a recent graduate of the University of Connecticut who achieved degrees in Political Science and Communications and can be reached on LinkedIn under his name, or via email at [email protected].

The relatively new soccer team New York City FC (“NYCFC”) just received approval to build a new stadium set to open in 2025, the first soccer-specific stadium in the New York City area. NYCFC has played in several different sites throughout their 11-year history including Red Bull Arena in New Jersey and Yankee Stadium in the Bronx where for several years the club has played on one of the smallest-sized professional soccer fields in the world. The new stadium is expected to seat 25,000 people and be located right next to Citi Field, home of the New York Mets, in Willets Point, Queens. This stadium project is one of the centerpieces in the Borough’s “Willet’s Point Revitalization Plan.” The total cost is expected to be $780 million and will be privately financed. The Willet’s Point Revitalization Plan has also planned to build the city’s largest 100% affordable housing development in 40 years estimated with 2,500 homes, 40,000 square feet of public open space, a 650-seat school, a 250-key hotel, and ground-floor retail shops. The stadium will serve as a draw for tourists and New Yorkers from the surrounding area with the hopes to develop and revitalize the community. The Willet’s Point Revitalization Plan’s Uniform Land Use Review Procedure was recently approved and the final steps prior to starting construction are nearing a conclusion. This procedure is the 4th of a 5-step process of conducting a large-scale project in Queens. The building application process in Queens is relatively simple, requiring the application to be 100% ready to start construction prior to being approved. When preparing the application, the building contractors must make sure the project meets the Borough’s zoning restrictions and have completed building blueprints for the entire project. Once the application is finished, they must submit it to the New York City Department of City Planning. If approved, they must also have it reviewed and approved by the New York City Public Design Committee. After completing all these steps, they are allowed to begin construction. The two City departments ensure that the interests of the community are protected if any major projects like this one are to be built. Mayor Eric Adams spoke to the media after the procedure was approved saying: “This continued investment in New York City will create a long-overdue home for our first team, and create a new neighborhood for Queens.” NYCFC playing in their own soccer-specific stadium is still a ways away, but they are taking steps in the right direction and making sure the community benefits from the growth of this soccer club. Evan Lautato, Rising 2L at St. John’s University School of Law, www.linkedin.com/in/evan-lautato-a4bb14178 Links: https://www.mlssoccer.com/news/nycfc-stadium-renderings-willets-point-plans-before-anticipated-2027-debut https://www.nyc.gov/site/planning/applicants/applicant-portal/step4-filing-application.page

Over the past few months, new NCAA President Charlie Baker has shown that getting a federal NIL bill passed is one of his top priorities. Representatives of universities and conferences have been outspoken about the need for a federal law to prevent competitive advantages for schools based on their state laws. Leading up to the August recess set to begin on July 28, numerous NIL bills have been introduced and reintroduced to Congress. Here is a summary of each: Unnamed Bill Drafted by Ted Cruz Dated July 3rd, 2023, Ted Cruz drafted an NIL bill that was observed on July 21. Perhaps the biggest takeaway from this drafted bill is that it sets out the standard that athletes are not employees. This is a topic that has been widely disputed yet has remained unaddressed in most of the federal legislation proposed for NIL. In addition, Ted Cruz’s bill includes a state law preemption, meaning if the bill goes into effect, it will supersede all state laws that have been enacted for NIL. The bill would give the NCAA the power to make recruiting rules and transfer rules for college athletics without worrying about what individual states have done prior to it. Although the bill would not explicitly grant the NCAA an antitrust exemption, it would provide many of the same effects. College Athletes Protection and Compensation Act of 2023- Drafted by Richard Blumenthal, Jerry Moran, and Cory Booker Introduced on July 20, 2023, the College Athletes Protection and Compensation Act of 2023 focuses on regulating the NIL sphere and players’ medical protections. The Act would provide lifetime scholarships for players in addition to long-term medical coverage from injuries resulting from sports. The Act would also create the College Athletics Corporation (“CAC”) to regulate NIL and administer the bill. The CAC would consist of a 15-member board with subpoena power. Similar to the bill drafted by Ted Cruz, this bill would also expressly preempt state law. Protecting Athletes, Schools, and Sports Act of 2023- Drafted by Joe Manchin and Tommy Tuberville Introduced on July 25, the Protecting Athletes, Schools, and Sports Act of 2023 was drafted to set out “common-sense guidelines” for NIL across the country. These guidelines include prohibiting athletes from entering the transfer portal during their first 3 years of eligibility, mandating financial literacy training, and prohibiting athletes from deals with certain industries such as drug paraphernalia, gambling, and dangerous weapons. In addition to the guidelines for athletes, the Act would provide medical coverage for sports-related injuries for eight years after a player graduates. The Act also sets out rules for collectives, stating they can assist in recruiting if they are associated with the university through an official contract. If violations occur, the NCAA would be given the power to revoke universities’ licenses to participate in NIL or send the violations to the Federal Trade Commission (“FTC”) to be investigated. College Athlete Economic Freedom Act- Drafted by Chris Murphy and Lori Trahan Originally introduced on February 4, 2021, the College Athlete Economic Freedom Act was reintroduced on July 26, 2023, amongst the introduction of the preceding proposed bills from this article. The main points of this Act differ a bit from the others, as it focuses on ensuring equality amongst all collegiate athletes. The Act would include an amendment to the Immigration and Nationality Act so that international college athletes that are attending college on F-1 visas can profit off their NIL without immigration consequences because they currently have separate restrictions. The Act would also require that media rights deals include group licenses on behalf of college athletes. The last major takeaway is that the Act would prohibit college and NIL collective practices that discriminate on the basis of gender, race, or sport. While each of these proposed bills have their own distinct goals, there is a great deal of overlap. Nonetheless, there is worry that the variety of proposed legislation will cause confusion and delay the summed-up goal of enacting a federal NIL law. Since the dawn of the NIL era in college athletics, no bill draft has made its way through a vote in the Senate. There is a looming confidence that one of these drafts may be the first, but only time will tell after Congress returns from August recess. https://www.on3.com/nil/news/u-s-senators-joe-manchin-tommy-tuberville-alabama-west-virginia-ncaa-charlie-baker-bipartisan-nil-bill/ https://www.on3.com/nil/news/ted-cruz-senator-texas-nil-ncaa-legislation-bill-draft-employees-athletes-antitrust-charlie-baker/ https://www.moran.senate.gov/public/index.cfm/news-releases?id=A2244F4C-D01C-4F23-A6F2-6BDF56D7AB90 https://www.sportico.com/law/analysis/2023/trahan-murphy-college-athletes-rights-nil-bill-1234732227/ David Schulte is a lawyer in Michigan focused on sports and NIL. He can be found on Twitter at @DavidSchulteNIL

For many attorneys and law students aspiring to utilize their legal degrees to work in the sports industry, an in-house position with a professional organization is considered the peak of an arduous climb to the top of the sports law world. Oftentimes, legal positions in some of the mainstream sports in America, namely football, basketball, and baseball, are typically those that are sought after by the sports enthusiasts in the legal world. Nevertheless, due to the exponential growth of its popularity and the constant expansion of its professional leagues, the path toward in-house positions in American soccer has never appeared more open for those aspiring to work within the beautiful game. As a law student who ultimately hopes to attain an in-house counsel position within professional soccer, I wanted to learn from those who are currently in positions toward which I and several others passionate about the intersection of soccer and the law aspire. Accordingly, I decided to start a process that I wanted to document by way of Conduct Detrimental to share with all who are interested – an interview with a member of the legal counsel at every MLS club. From these interviews, I hope to be able to provide insight into the nature of legal counsel positions in professional soccer. And at the end of this process, I hope that we will all be more knowledgeable on what it requires to successfully convert our greatest passions into a dream occupation. For this interview, I was fortunate to speak with Patrick Murphy – Senior Legal Counsel of New York City FC. A graduate of the Wake Forest University School of Law, Patrick interned for both MLB and IMG during his time in law school, before serving as a Legal Coordinator within MLB for the first three years following his graduation. In 2017, he made the switch to New York City FC and just recently earned a promotion to Senior Legal Counsel in April of this year. The conversation I had with Patrick was informative, entertaining, and honest. It was an absolute honor to speak with him for this collaboration, as it felt like I was getting genuine advice from a friend who wanted me to succeed. The conversation represents Patrick’s individual views and opinions and does not purport to reflect the views or opinions of New York City FC or Major League Soccer. With that said, here is the interview with New York City FC Senior Legal Counsel, Patrick Murphy: 1. BG: Tell us a bit about your story – what led your interest in working in-house within soccer to develop and the career steps you took that eventually placed you in your current position. PM: Starting out, I went to Wake Forest School of Law for three years. While in law school, my first internship was with MLB and my second was with IMG, so I was lucky to get into the sports industry early. After graduation, MLB decided to bring me back to work in their properties department, and I was there for about 3 years. I had an unbelievable chance to get early experience working on things like licensing, sponsorship, event contracts, venue contracts, etc. After those 3 years, I saw the opening for a Junior Associate at NYCFC and applied. If I am being completely honest, I didn’t really have that big of a connection to soccer. I knew about the team having lived in the Tri-State area, but my initial exposure to the sport was with one of my best law school friends. He was a massive Arsenal fan and he’d appear at my apartment on Sunday mornings to pull me out of bed so he had someone to watch Arsenal matches with. Luckily, that exposure to the sport, along with the research I did concerning the club and City Football Group, was enough to allow me to speak intelligently about the organization during my interview. Nevertheless, as is true with the majority of these positions, my knowledge about soccer was secondary to my knowledge about the sports industry and my expected role within the company. As I have grown into the role, I have learned more about the sport and have loved every minute of it. 2. BG: What does a typical workday look like for you as Legal Counsel at New York City FC? Is your position more of a consultancy role, or do you primarily serve as the club’s representative in all pertinent legal matters? PM: As I am sure you’ve heard from lawyers at other clubs, there really isn’t a typical day. And that’s what makes it great. With respect to the work I do, though, it’s predominantly contracts - service, partnership, and employment contracts filling the majority of the time. However, the part I love the most is the advisory aspect of my job. This position sits at the intersection of law and business, and depending on who you’re dealing with, you are either giving strict legal advice or using your education and unique perspective to improve the quality of a certain deal for your team. Using my experience and creativity to guide the team to better outcomes or accomplish something we’ve never done before is really what gets me excited to come to work in the morning. 3. BG: If you could list 3 of the most important skills necessary to work as in-house counsel for an MLS club and provide a brief explanation for their importance, which skills would you choose? PM: I’ll start with the boring one first before getting into the more interesting ones: communication. I’m not just talking about speaking with people, engagements, emails, etc. It’s also your contract drafting – being able to communicate yourself properly in a document and making sure you are concise and clear. This skill is absolutely critical to achieving success in this job. The next is being able to form meaningful relationships. You can be the best lawyer in the world, or the most precise, creative contract drafter, but without being able to form those relationships, it won’t matter. There is a minimum requisite level of competence that you need to be an in-house lawyer, with the level of that bar varying depending on the role you’re in. As soon as you are above the bar, your success as a lawyer will come from the relationships you form and, in turn, getting people to work with you. For instance, if no one includes me in developmental meetings, or if no one comes to me with questions about what departments are doing day-to-day, I can’t do my job. Without cultivating those business relationships, I won’t have the opportunity to use my legal skills – no matter how good of a lawyer I am. Additionally, your external relationships play an important role in your legal career. As you work in the sports industry longer, you realize that the world is very small – whether you’re talking about firms with sports practices or in-house counsel. One of the best things about MLS is that the lawyers at the other clubs are unbelievably collaborative. They helped me get through a hectic period in 2019 after my boss left, where I was responsible for running the legal department at 31 years old. The relationships I formed provided me with a resource that was invaluable during this time. The last skill would be problem-solving. This role as in-house counsel is both legal and business, and you kind of serve two masters at the same time. Everyone in the building has their own agenda to facilitate their department. Whether it’s ticketing, marketing, or partnerships, they want to further their departmental agendas, and they want to do it within the bounds of the law. You have to figure out a way to help them grow their departments and push things forward while also protecting the company. Understanding this intersection and how to navigate law and business at the same time to problem-solve is hugely important. In law school, a lot of times, the analysis stops once you arrive at the right answer. In our work, the right answer is usually only the first step. Once you have the right answer – especially if that answer is "no’"– you have to come up with a way to implement it. There still might be a way of reaching the desired outcome, but it may require going down an alternative path. It’s your job to find those paths for your departments. Creative problem solving gets easier as you become more seasoned on the job, as you develop a better understanding of league guidelines and applicable law and learn how to use them in unique and beneficial ways. There’s not always one way to solve a problem, and in this role, the more creative you can be, the more valuable you’ll become and the more the company will benefit. 4. BG: As a law student, did you know that you wanted to work in the sports industry? If so, how did you prepare yourself to accomplish this goal whilst in school? If not, what led you to decide to work in sports and, more specifically, for an MLS club? PM: I knew by the middle of my first year of law school that I wanted to work in the sports industry. I grew up playing sports and have been a huge sports fan my entire life. I saw some internships with professional sports teams and leagues and realized that, if I am going to be a lawyer, that is the only path I see my career taking. I started applying to every sports-related internship I could find. I was also lucky enough to go to Wake Forest School of Law, where I was mentored by Timothy Davis, who co-authored one of the leading books on Sports Law. As well as learning valuable information from Tim, I tried to network myself and gain valuable connections in the industry while I was still in school. Basically, I tried to do whatever I could to get my foot in the door and take advantage of whatever opportunities came out of it. 5. BG: What is the one critical piece of advice that you could offer from your experience to law students aspiring to work in-house not only in soccer but in sports as a whole? Additionally, what is one piece of advice that you could offer about the industry to law students that you wish you were given when you were in law school? PM: To the first question, start building your network now. Talk to anyone who will listen. Most people can’t offer you a job, but they can give you thirty minutes. They can tell you about their role or department, and maybe you can turn that into another call. After some time doing this, perhaps the connections you build could lead to a concrete job opportunity. Just starting a dialogue with your future colleagues to create some conversation is crucial to establish the relationships that you will need to succeed in the industry. Also, don’t let your ego get in the way of being a good lawyer. There’s a tangible difference between being confident in your abilities and being arrogant. A critical part of being confident in your abilities is knowing what you don’t know. As an in-house counsel, you’re a generalist – you’ll know a little about a lot of things – but you probably won’t be an expert in any of them. As you progress in your career, you become more confident in handling more issues on your own, but it’s incredibly important to know when you can rely on your experience and when you need to consult outside counsel and resources to help solve a problem. If you have contacts who you can call for guidance or advice, use them. You’re wasting an opportunity to do the best work possible if you let your ego get in the way of asking for help when it’s needed. To the second question, figure out what your passion is and pursue that above anything else. When I realized I wanted to work in sports, I only applied for sports positions, and I didn’t let initial rejections or speedbumps discourage me. Ultimately, no matter how many times you hear '"no," it only takes one "yes" to end up in the place you want to be. I knew all I needed was one opportunity to break into the industry and I would rather have spent my time chasing something I genuinely wanted than settling for something safe. The bottom line is this: you will do your best work and be the best version of yourself if you are passionate about what you’re doing, so don’t let anything stop you in your pursuit of that passion. A special thank you to Patrick Murphy for his contributions to this article. He can be found on LinkedIn at Patrick Murphy. Bryce Goodwyn is a rising 2L at Regent University School of Law and assistant editor of the Legal Analysis section at Conduct Detrimental. He is a member of the Regent University Law Review and ADR Board, and he also serves as the East Region Chair of the recently-formed National Sports Legal and Business Society. He can be found on Twitter @BryceGoodwyn and on LinkedIn as Bryce Goodwyn.

This week, the Arizona Diamondbacks became the second team to have their broadcast rights acquired by Major League Baseball. Diamond Sports Group, the parent company of 19 Bally Sports channels including Bally Sports Arizona, failed to reach an agreement to continue paying the team as it is undergoing significant restructuring after filing for Chapter 11 bankruptcy protection in March. As soon as a bankruptcy court judge approved Diamond’s rejection of the Diamondbacks contract, the broadcast rights were immediately transferred to MLB. Last month, Diamond Sports lost its bankruptcy court case against MLB in which it argued that the rights fees it owes clubs should be reduced due to changes in market dynamics in the era of cord-cutting and the decline of cable television. It had already missed payments to the Diamondbacks, Guardians, Rangers, and Twins earlier in the year, so the company was quickly put in a position to decide whether to keep or cut certain teams' broadcast rights. The Diamondbacks join the Padres as the teams who’ve had their broadcasts shift from Bally Sports to MLB. Early returns from the Padres broadcasts have been mostly good as the audio/visual quality has been excellent and more importantly, more fans are able to watch their favorite team play. MLB commissioner Rob Manfred has long stated that one of his top priorities is making games more accessible for all its fans to watch. The league has long dealt with issues pertaining to local blackouts, frustrating cord-cutters and others without access to cable television. However, the decline of regional sports networks like Bally Sports and AT&T Sports Net could serve as an opportunity for MLB to take more control of broadcasts across the league. Over the offseason, Manfred hired an EVP of local media presumably to get ahead of the issues that have surfaced this year and beyond. MLB has reported that since taking over San Diego’s broadcasts, an additional 2 million people have access to Padres games. Furthermore, according to the league’s press release following acquiring Arizona’s rights, the availability of D-Backs games will jump from 930,000 households to 5.6 million households in the team’s home broadcast territory. While the expanded reach is a big positive for the league and its teams, there is a downside. The rights fee regional sports networks pony up to their respective team is a major source of revenue that if lost, could have a significant effect on the bottom lines for MLB franchises. Yes, MLB does have a lucrative national TV deal and small market clubs do benefit from revenue sharing, but the decline of RSNs must at least pose some cause for concern moving forward. MLB has promised at least 80% of the money Diamond originally owed to the Padres and D-Backs. But 80% isn’t 100% and budgets that have been crafted years in advance will need to be adjusted. It's worth noting that after opting against paying the Diamondbacks, it was reported by Front Office Sports that Diamond Sports Group “anticipates” continuing its relationship with the other 12 teams under its umbrella for the remainder of the 2023 season. What happens beyond 2023 is certainly up in the air at this moment, but if the reports are true, these 12 owners will at least rake in the money they originally expected from Diamond this year. As the trade deadline approaches, this source of revenue is obviously welcoming, especially for owners taking on additional salaries. This will certainly not be the last story pertaining to MLB broadcasts. With the exception of big market clubs like the Yankees, Mets, Red Sox, Cubs, Dodgers, and Giants, who either own or receive massive payments from their respective regional sports networks, the overall decline of RSNs is something every other club is monitoring. Ideally, MLB would love to take control of all its teams' broadcast rights and offer in-market streaming to all fans. But that’s a lot easier said than done and there are many barriers standing in the way of Manfred and the league office at the moment. Brendan Bell can be found on Twitter @_bbell5.

In Springfield, Illinois, sixteen-year-old swimmer Abbigail Wheeler, a swimmer on the Springfield YMCA SPY swim team, entered the girls' locker room to change when she noticed a couple of transgender individuals sitting there, as reported by Fox News. Abbigail Wheeler says she was kicked off the YMCA SPY swim team after she and a teammate put up signs reading "Women’s Rights," "Biological Women Only," and "SafeSport" to alert other girls that biological males were in the area. "I went to my coach and gladly told him that I was a part of this, and he said that it was probably not the best option for me to swim with the swim team that night and that the YMCA staff would follow up with my family." However, the local YMCA chapter communications director says that Wheeler left the team on her own, writing, "There have been a variety of false statements around the same issues circulated by the same individuals since the past May. In this version of the story, the statements that the swimmer was removed from the Y and prevented from participating in the swim team is false. She left the swim team and the YMCA on her own." This is the latest example of females voicing concerns about males transitioning to transgender females taking over biological females and their sports. Riley Gaines, a former swimmer for the University of Kentucky, has been outspoken on this issue and believes transgender females should not be allowed to participate in female sports due to biological unfairness. She believes transgender females are ruining opportunities for biological females to earn scholarships, podium finishes, and championships in their respective sports. Ms. Gaines competed against University of Penn swimmer Lia Thomas, a transgender swimmer who transitioned from male to female. Ms. Gaines praised Ms. Wheeler and her actions, stating "To be only 16 years old and being in the position that you're in, faced with what you were faced with and standing up for yourself and ultimately standing up for others. You are a megaphone for your teammates." The local YMCA stated that Ms. Wheeler left the swim team and facility on her own accord. Her coach, Mr. Totura, told her no action could be taken against the transgender athletes using the female locker rooms. Alex Patterson is a Thomas M. Cooley Law School graduate and works for the City of Springfield as a paralegal. He played football for seventeen years as an offensive and defensive lineman. He graduated from Lindenwood University-Belleville in 2018 with a Bachelor’s in Sports Management. He can be followed on Twitter @alpatt71.

Content warning: This article contains mention of hazing and sexual assault Nicole Markus, Alyce Brown, Cole Reynolds, and Divya Bhardwaj reported that a former Northwestern football player described the hazing process that went on during former head coach Pat Fitzgerald’s tenure. These acts included coerced sexual acts, and Coach Fitzgerald had an idea these actions were taking place. One player said they saw it with their own eyes and called it vile and inhumane behavior. The player alleged the hazing practice was dubbed as “running.” This practice was used to punish team members for mistakes they made on the field and in practice. Players selected for running would be restrained by eight to ten teammates dressed in masks, and then they would “dry-hump” the victim in a dark locker room. Other teammates were bystanders in the locker room, and the player said the practice has permeated throughout the program for years. There were whiteboards in the locker room labeled “Runsgiving” and “Shrek’s List,” containing a list of names indicating players that the player said needed to be “ran.” The players said this activity was team bonding, so the university never caught onto these incidents as hazing until now. In addition to “running,” the whistleblower alleged that he witnessed the team participate in other hazing traditions in which freshmen were forced to strip naked and perform various acts, including bear crawling and slingshotting themselves across the floor with exercise bands. In a once-a-year tradition dubbed “the carwash,” the first player said that some players would stand naked at the entrance to the showers and spin around, forcing those entering the showers to “basically (rub) up against a bare-naked man.” Upon entering the showers, the player alleged that players set up a hose they connected to the shower to spray people. After receiving the hazing reports, NU hired an independent law firm, ArentFox Schiff, to investigate the claims. Lead investigator Maggie Hickey, former inspector general of Illinois, interviewed coaches, staff, and current and former players, and reviewed thousands of documents, according to a news release by the University. She found the player’s comments were largely supported by evidence, and the knowledge of these practices was widespread across Northwestern football players. Originally, Northwestern president Michael Schill suspended Coach Fitzgerald for two weeks. After taking time over the weekend to look further into these allegations, the president decided to terminate Coach Fitzgerald. President Schill wrote his reasoning for terminating Coach Fitzgerald: “Coach Fitzgerald is not only responsible for what happens within the program but also must take great care to uphold our institutional commitment to the student experience and our priority to ensure all students — undergraduate and graduate — can thrive.” “Clearly, he failed to uphold that commitment, and I failed to sufficiently consider that failure in levying a sanction.” Alex Patterson is a Thomas M. Cooley Law School graduate and works for the City of Springfield as a paralegal. He played football for seventeen years as an offensive and defensive lineman. He graduated from Lindenwood University-Belleville in 2018 with a Bachelor’s in Sports Management. He can be followed on Twitter @alpatt71.

Nearly a month ago, Bob Huggins (allegedly) resigned as the head coach of the men’s basketball team at West Virginia University. The (alleged) resignation came on the heels of Huggins’ arrest on a charge of driving under the influence where his blood alcohol content was, based on a breath test, determined to be 0.21% - the legal limit is 0.08%, for reference.[1] Compounded by the reprimand that Huggins had received from West Virginia University just a month before the arrest for using a gay slur while appearing on a Cincinnati radio show,[2] which resulted in a three-game suspension and salary reduction of $1,000,000.00, Huggins (allegedly) made the decision to resign as the head coach of the Mountaineers and retire. Given his tenure as a basketball coach at West Virginia University, it is likely that the resignation was encouraged by the university as a more favorable alternative to the university firing Huggins outright. In his (alleged) resignation letter, Huggins said the following: Mountaineer Nation: Today, I have submitted a letter to President Gordon Gee and Vice President and Director of Athletics Wren Baker informing them of my resignation and intention to retire as head men's basketball coach at West Virginia University effective immediately. My recent actions do not represent the values of the University or the leadership expected in this role. While I have always tried to represent our University with honor, I have let all of you – and myself – down. I am solely responsible for my conduct and sincerely apologize to the University community – particularly to the student-athletes, coaches and staff in our program. I must do better, and I plan to spend the next few months focused on my health and my family so that I can be the person they deserve. It has been the honor of my professional career to lead the men's basketball program at my alma mater and I take great pride in our accomplishments. But I am most proud of the tremendous young men who chose to spend their formative years with us, and who have gone on to do great things with their lives. I was born in Morgantown, graduated from West Virginia University and had the pleasure of coaching here for seventeen seasons as an assistant or head coach. It will always be my home, and I will always be a Mountaineer. Thank you to everyone who has supported our program over the years. It has meant more to me and my family than you could ever know. Reading this letter, whether as an attorney or as a casual fan, it would be fair to assume that Huggins had resigned. But not so fast! Huggins also (allegedly) informed his team that he would no longer be their coach. Apparently, Huggins’ (alleged) resignation was, well, not a resignation, at least according to one of his lawyers. On July 8th, just under a month after Huggins’ (alleged) resignation on June 17th, one of Huggins’ lawyers sent a letter to West Virginia University asserting that Huggins never officially resigned and that it was his intention to return to West Virginia University as the head coach of its men’s basketball team for the 2023-2024 season.[3] The basis for this assertion by Huggins’ lawyer? The formal, written resignation came not directly from Huggins himself, but from the email account of Huggins’ wife (Huggins apparently does not use email). West Virginia University responded quickly and firmly through its Vice President and General Counsel. The Bob Huggins “resignation” saga is only just beginning, but West Virginia University’s response to the claims made by Huggins’ lawyer illustrates numerous lessons that young lawyers would be wise to pay attention to. The ball is now in Huggins’ court (sorry) to respond, but in the meantime here are a few things that young lawyers should keep in mind from West Virginia University’s response letter: Clearly lay out your position and do it in as simple a format as possible. West Virginia University used bullet points to set out each of the ten instances that led the university to believe that Huggins had resigned. It is incredibly effective as a persuasive tool when a reader can easily see each major argument set apart from other arguments – this formatting allows the reader to separately review and consider each argument and also gives the reader a sense of completeness in the argument at the outset. Keep detailed records. As mentioned above, West Virginia University was able to pull out ten different instances in which, it alleges, Huggins indicated his intent to resign. Not all of these instances were written documents, but the university kept detailed records of the dates and times of these instances, as well as the people involved. Perhaps most damning for Huggins’ position, West Virginia University kept a record of Huggins’ attorney’s request to allow Huggins’ wife’s email to be used for the written resignation that the university would require (again, Huggins apparently does not use email). Whether in litigation or in the course of a transactional deal, it is always best to keep detailed email records, communication records, and timeline records so that, in the event an issue arises, the four corners of a pleading or a contract are not the only things that can be relied on to make an argument. Be diligent. At each stage where Huggins, through his attorney or otherwise, was alleged to have offered some form of a resignation, the university followed up separately to confirm receipt of the communications and to offer Huggins’ lawyer a chance to review and confirm the resignation announcement before it was released. It may be tedious, but it is always beneficial to be overly diligent in record keeping and in following any processes that a client or your firm may have in place. Language matters. Huggins’ lawyer’s primary contention as to why his resignation was not valid is that the notice language under Huggins’ employment agreement with the university required the notice to be provided by registered or certified mail. West Virginia University, however, clearly noted and explained that the notice provision provided that notice given in this manner “will be sufficient,” which implies, and which is supported by cited West Virginia case law, that while notice given in this manner is sufficient, it is not required for effectiveness. Grant Williamson is a graduate of the University of Tennessee College of Law - J.D., Class of 2019. He can be found on Twitter @GrantWilli33. Sources: [1] Police - Bob Huggins found with 0.21% BAC during DUI arrest - ESPN. [2] WVU reviewing incident after Huggins uses anti-gay slur on air - ESPN. [3] Former coach Bob Huggins says he never resigned at WVU - ESPN.

On Friday, Northwestern University announced a two-week suspension for head football coach Pat Fitzgerald. The suspension comes after the conclusion of an investigation into hazing allegations involving the Northwestern football team. In November 2022, Northwestern received a complaint regarding hazing within the football program. While the full investigation report is kept confidential, the university released a summary of the investigation, which included interviewing more than 50 individuals associated with the football team and combing through emails and player surveys dating back to 2014. Through the investigation, the information gathered corroborated the complainant’s claims. Despite failing to find that the coaching staff knew about the hazing, the investigators determined that the staff could have discovered and reported the hazing. Thus, the university announced multiple changes to improve the program, including a two-week suspension (without pay) for football coach Pat Fitzgerald. Additionally, the team will no longer hold football practices at “Camp Kenosha” in Kenosha, Wisconsin, where Northwestern held training camp. Other measures include additional reporting tools, monitoring the locker room by someone that does not report to the coaching staff, and requiring anti-hazing training. In the end, Northwestern University hopes to carve a new future for the program. Landis Barber is an attorney at Safran Law Offices in Raleigh, North Carolina. You can connect with him via LinkedIn or via his blog offthecourtdocket.com. He can be reached on Twitter @Landisbarber.

In 1976, the Saudis wanted American television. A Saudi Conglomerate almost purchased the Corporate Communications of America, (CCA), the parent of the television news network, UBS. What stopped the deal? Telegrams. With the help of an UBS news anchor by the name of Howard Beale, Americans displayed their moral outcry by sending 6 million telegrams to the White House stopping the deal. Well, at least it was true in the 4-time Oscar-winning film, "The Network." Howard was America’s mad prophet. He claimed to see the face of God and had borne witness to the moral light of ultimate clarity. He could see right from wrong, whereas everyone else only saw a moral gray. After stopping the deal, Howard was summoned by the CEO of CCA, Arthur Jetsen, into a conference room called Valhalla (The Fallen). Howard’s moral principles were no match for Mr. Jetsen who declared, “There are no Nations,” “the world is a college of corporations,” and “there is only the international system of currency.” Howard’s moral principles were ineffective against Jensen’s corporate view. How can you argue about what’s good or bad for America when your opponent denies America itself? In 2023, the Saudis want sports. The Saudi Public Investment Fund will be the sole sponsor of the PGA Tour and the Qatar Investment Authority bought 5% in the parent, Monumental Sports & Entertainment, which owns the Washington Wizards, Capitals, and Mystics. Except for some angry golfers, Americans have not marched in the streets nor have they called the White House 6 million times. How do you challenge sovereign foreign investment? Depends on the sports organization. The first solution is adding reverse morals clauses to the collective bargaining agreements such as the NBA, NFL, MLB, NHL, and MLS. A morals clause is a common contract provision in an athlete’s sponsorship contract where the contract can be suspended or terminated based on an athlete’s conduct disrupting the party’s reputation or image. A reverse morals clause is a rare provision where an athlete has the power to suspend or terminate the contract based on the party’s conduct disrupting the athlete’s reputation or image. Reversal morals clauses are nothing new to sports. See Cari Grieb’s 2015 article[1] on reverse morals clauses and Donald Sterling and the law firm, Miller Canfield, 2017 article on athletes using reciprocal morals clauses in their endorsement deals.[2] Future players of the Wizards, Capitals, and Mystics should negotiate for these clauses in their new player deals given Qatar’s 5% investment into their teams. A reverse morals clause would protect an athlete’s brand in the event that Qatar’s conduct damages their image. Who would use a reverse morals clause? Two NBA candidates may be Kyle Kuzma and Jordan Poole. Since Kyle Kuzma signed his 4-year $102 million dollar contract on June 30, 8 days after Qatar bought a 5% stake on June 22nd, it’s unlikely that Mr. Kuzma could argue that Qatar’s investment harmed his brand. However, Jordan Poole originally signed his contract with the Golden State Warriors and was traded to the Wizards on the same day as the Qatar deal closed on June 22nd. If Mr. Poole had a reverse morals clause and believed that Qatar’s involvement with the team disrupted his reputation, then Mr. Poole could exercise his right to suspend the contract temporarily until he is traded to a different team. Sports organizations without a CBA like the PGA Tour require a different solution. The PGA Tour is a non-profit organization where the players are independent contractors without a union. As a result, reverse morals clauses could not be utilized. Furthermore, the PGA’s bylaws grant the Commissioner broad powers to enter into contracts without player approval. This problem dates back to 1983 when Jack Nicklaus, Arnold Palmer, and Tom Watson failed to defeat their PGA Commissioner, Dean Beman, over player rights and marketing strategies analogous to Phil Mickelson’s current complaints about the PGA.[3] Other than changing the PGA’s bylaws to limit the commissioner’s powers and creating a union, the best available solution is the deep pocket theory. In tort law, the deep pocket theory states that a defendant must pay even without causing harm when (a) the victim is truly innocent and highly sympathetic, (b) the injuries are severe; (c) the true wrongdoer is unavailable, and (d) the risk of harm was arguably foreseeable to the defendant.[4] This theory can be adapted to contracts where the party with the deeper pockets must overpay. PIF has not caused direct harm to Rory McElroy and other loyal PGA players, however, they have caused harm to American groups. Since the loyal PGA players are highly sympathetic parties, the PGA should dig deep into PIF’s pockets to make the sports washing so thorough that it becomes almost punitive. The PGA would be smart to require the following of PIF: - Pay money to the estate of Jamal Khashoggi including funding journalism scholarships in his name at Saudi and American Universities, - Pay money to families impacted by 9/11, - Consistently fund LGBTQ+ organizations in America and women’s rights and education organizations in Saudi Arabia, and - Sizable contributions to the LGPA Tour if their players approve. In this way, the loyal PGA players would have stayed as true to their moral principles given their options. John Camacho is a graduate of South Texas College of Law where he earned a J.D. and a graduate of the University of Missouri, St. Louis where he received a M.A. in Philosophy. He is also a Co-Founder of The Moral Questions of Sports. He can be reached via Instagram, @themoralquestionsofsports. Sources: [1] Cari Grieb, “A ‘Sterling’ need for reverse morals clauses in sports contracts,” Mar 9, 2015, https://www.millercanfield.com/resources-Should-Athletes-Demand-Morals-Clauses-in-Contracts.html. [2] Miller Canfield, “Is it Time for Athletes to Demand Reciprocal Morals Clauses in Their Endorsement Deals?” Feb. 17, 2017, https://www.millercanfield.com/resources-Should-Athletes-Demand-Morals-Clauses-in-Contracts.html. [3] Shane Ryan, “The 1983 Rebellion: Our latest podcast revisits pro golf’s original crisis” Golf Digest, https://www.golfdigest.com/story/1983-rebellion [4] Victor E. Schwartz, Phil Goldberg, and Christopher E. Appel, “Deep Pocket Jurisprudence: Where Tort Law Should Draw the Line” (2018) Oklahoma Law Review Vol. 70 Number 2, page 404, https://digitalcommons.law.ou.edu/cgi/viewcontent.cgi?article=1319&context=olr.

The Municipal Stadium of Braga is one of the most unique soccer stadiums in Europe. Located in the northwest region of Portugal in the Minho District, and finished construction in 2003. What makes the stadium unique is that it was built within a limestone quarry and designed to highlight the contrast between nature and the surrounding city of Braga. The Stadium itself and its lead architect, Eduardo Souto de Moura, have won several awards for the stadium’s beauty. In 2005, the IPPAR (Instituto Português do Património Arquitetónico) declared the stadium a national patrimony due to its significant beauty. Souto de Moura won the Secil Prize in 2005, Pritzker Architect Prize in 2011, and the Wolf Prize in Arts in 2013, all for the incredible design of Braga’s Stadium. With such a unique and beautiful stadium, how did Souto de Moura get his idea into reality within the legal framework of Portuguese building laws? Portuguese law has specific regulations when it comes to public or private projects. In 2013, they passed a decree which established submitting an environment impact assessment (“EIA”) for any project that will likely have a significant impact on the environment. This is to ensure that any project does not negatively impact the environment or destroy the natural beauty of the land. This was enacted after the building of the stadium but when renovations are conducted on the stadium, it will more than likely have to pass the environment impact assessment. But, due to Souto De Moura's emphasis on not taking away the natural beauty of the area to build the stadium, I believe that, if the decree was in effect when construction occurred, they would have been approved. If the stadium was built today it would have had to submit an environmental impact assessment because most of the construction on the project was digging into the limestone quarry. They repurposed the limestone extracted to build the two foundations for the stadium seats. The environmental impact assessment decree also specifically mentions mining as one of the types of actions where one is required to submit an EIA and this project would have certainly needed one. Compared to other major stadiums in Europe, where they have large stands on all four sides of the stadium, the Municipal Stadium of Braga does not. This was to ensure the natural landscape was preserved and the quarry was not completely destroyed. The Municipal Stadium of Braga is one of the most unique stadiums in Europe and breaks the tradition of what a normal large-scale soccer stadium looks like. This was only possible because of architect Souto de Moura's commitment to making a stadium naturally blend into the surrounding landscape and will more than likely fit the relatively recent strict environmental regulations of Portugal. Evan Lautato, Rising 2L at St. John’s University of Law School, 1L Representative for the Entertainment and Sports Law Society, www.linkedin.com/in/evan-lautato-a4bb14178 Links: https://www.nssmag.com/en/sports/32310/braga-estadio-municipal https://www.portugalvisitor.com/portugal-travel/portugal-stadiums/braga-stadium https://uk.practicallaw.thomsonreuters.com/3-500-2889?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_anchor_a930770

As reported yesterday by Outkick, former Florida Gators QB Jalen Kitna entered into a plea. He pled to two counts of disorderly conduct with adjudication withheld meaning that Mr. Kitna wasn’t convicted of those offenses. He was sentenced to six months of probation. It is a quite stunning change of events as back in December Mr. Kitna was arrested on five counts of child pornography. Two of the child pornography charges were 2nd-degree felonies punishable by up to 15 years in prison and three charges were third-degree felonies punishable by up to 5 years in prison. Disorderly conduct, however, is a 2nd-degree misdemeanor punishable by up to 60 days in jail. In previous articles, I have spoken extensively about my experiences as a former felony prosecutor and my current experiences as a criminal defense attorney. In my experiences, I have NEVER heard of a child pornography case being amended to disorderly conduct. That is because child pornography cases carry with them high exposure (meaning Judges routinely give significant prison sentences). How is that plea deal possible and why? Here are some possible reasons. Speedy Trial Issues We hear often in the practice of law about speedy trial. However, what is speedy trial in Florida? In the State of Florida, a misdemeanor case must be formally filed and brought to trial within 90 days of an arrest, and a felony case must be filed and brought to trial within 175 days of an arrest. That means the State Attorney’s Office must formally charge a defendant with a felony via indictment (if it is a 1st-degree murder charge) or Information (every other felony charge) within 175 days of the cuffs being put on a defendant. It appears that Jalen Kitna was arrested on December 1, 2022, as evidenced on the Alachua County Clerk’s Website. He was brought to First Appearances shortly thereafter (you have the right in Florida to be brought in front of a Judge within 24 hours of your arrest). As such, an information would need to be filed within 175 days of December 1, 2022. 175 days from that December date would have been May 25, 2023. A search of the clerk’s website turned up that no information was ever filed until today July 5, 2023, and that was for disorderly conduct. “NO ACTION” is the description on the clerk’s website meaning that the child pornography case was never formally filed. An arrest is not sufficient to bring the case to trial. A formal charging document (usually an information) must also be filed. As such, the State was arguably barred from formally charging Jalen Kitna with child pornography. I also see that there was a “Waiver of Speedy Trial” on February 27, 2023. Why would you waive speedy trial when there hasn’t even been an information filed? That doesn’t make much sense. Constitutional Grounds I also considered the fact that there were potential issues with the chain of evidence (how the police came to acquire the evidence against Kitna) opening up the possibility of a motion to suppress. However, no motions were ever filed. There wasn’t even a case management, which is common practice after an arrest. An information was just filed yesterday on the date of the plea and that was to only misdemeanors. Again, that doesn’t make sense either. Common Practice in Alachua County Finally, I considered that not filing the information until right before the plea was just common practice in Alachua County. However, I found another Defendant by the name of Jantzen Lee Weaver who was recently formally charged with child pornography. His case was formally filed on after only 15 days. The case number is 2023CF1549. Additionally, unlike Kitna, that Defendant is still in custody. Also, the clerk’s website has that case labeled as “Filed”. My question is: How does someone with child pornography charges exceptionally get less than a slap on the wrist while similar defendants are facing lengthy prison sentences with formal charges? Why weren’t the child pornography charges ever filed in Jalen Kitna’s case? My opinion is that there was an under-the-table agreement in this case. The Defendant keeps his nose clean, and the State Attorney’s Office won’t formally file these charges. He can plead to misdemeanors. Additionally, he didn’t even plead as charged. Why do you think he didn’t? Even if he got a Withhold, he wouldn’t be able to seal his Florida as child pornography charges as ones that you cannot seal. Darryl Lloyd, Chief Investigator of the State Attorney’s Office stated to the Gainesville Sun, “It’s not abnormal for a 19-year-old to look at images of a 16-year-old or a 15-year-old.” Mr. Weaver, like Mr. Kitna, is also relatively young (Mr. Weaver just turned 22). However, Mr. Weaver is very likely looking at a very lengthy prison sentence while Mr. Kitna wasn't even convicted on two misdemeanors. The final question is why? How is all this possible? This kind of plea deal isn’t a thing. The case doesn’t appear to have suppression grounds. He pled to charges that aren’t even lesser included offenses. My opinion is that he was given that kind of plea deal because he is a Florida Gator, and his father is a former NFL Quarterback. If that is true, as a criminal defense attorney who represents countless indigent clients, I am truly disgusted. That should not be our criminal justice system. Matthew F. Tympanick, Esq. is the Founder/Principal of Tympanick Law, P.A., located in Sarasota, Florida where he focuses his practice on Criminal Defense, Personal Injury Law, and Sports Law. Arrested or Injured? Don’t Panic…Call Tympanick! 1(888)NOPANIC. He is a graduate of the University of Massachusetts School of Law where he served as a Public Interest Fellow and a Staff Editor on the UMass Law Review. He has appeared nationally on television, radio, and podcasts discussing criminal cases specifically sports criminal cases. He was previously a felony prosecutor where he prosecuted thousands of misdemeanor and felony criminal cases. He also has tried over 40 jury and non-jury cases. You can follow him on Twitter, Instagram, and Facebook @TympanickLaw.