Ben Frederickson, writer for the St. Louis Post Dispatch, uncovered the indemnity agreement that Stan Kroenke signed to gain permission from the NFL Commissioner, Roger Goodell, and the other thirty-one owners. The indemnity agreement was one page long, and Stan Kroenke is facing hundreds of millions in legal fees alone. All thirty-two teams in the NFL are defendants in this lawsuit St. Louis and the other plaintiffs brought. Stan Kroenke is trying to bring an action against the other owners, and as stated in the indemnity agreement, should he do so, Commissioner Goodell would rule upon this. He argues the word “costs” does not apply to him paying all the bills in this lawsuit for all thirty-two clubs, although his net worth alone is around $7 billion, according to Forbes. The other 31 owners argue the opposite. New York Giants owner John Mara stated in Seth Wickersham’s article about a month ago that if it was not for that clause, the owners would not have agreed to let Kroenke move to Los Angeles. Stan has a legitimate chance, the NFL drafted this clause, and normally, the wording in an ambiguity is construed against the drafter. As crazy as this may sound, St. Louis, the CVC, and the RSA may want Kroenke to prevail in this action. As earlier mentioned by AJ Perez from FrontOfficeSports.com, Kroenke offered to settle with the plaintiffs for $100 million. However, should he prevail in an action against the other NFL owners, he does not have to pay their lawyer fees, and other “costs” that go along with it. Although Stan Kroenke “won” that battle against the NFL, it also means he has more money in his pockets the St. Louis side could go after. Dan Wallach and Dan Lust brought up an interesting hypothetical on their podcast, “Conduct Detrimental.” They said that if Kroenke is not on the hook due to the ambiguity within the indemnification clause, the plaintiffs may pursue him not only for the money and franchise he took from St. Louis, but they could use his money to get an expansion team. They could pressure him into funding the expansion team, saving St. Louis and its residents millions, if not billions, in tax dollars. This is an interesting side topic within this almost five year legal saga. Personally, I want Stan Kroenke to win this argument. This lawsuit has the other clubs in it to strip them of their gains from when the Rams relocated. The relocation cost was $550 million, so it averages to around $37.5 million per team in restitution damages. Kroenke’s payments are more severe. He would not only pay the $37.5 million, but all damages determined by a St. Louis jury or a pre-trial settlement. If he is offering to settle at $100 million already, he knows he is on the hot seat. These damages could range from $8-$12 billion. Alex Patterson is a 3L at Thomas M. Cooley Law School in Lansing, Michigan. 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.

Stan Kroenke spent about twenty years trying to figure a way to move the Rams from St. Louis to Los Angeles. As Howard Balzer reported, Stan Kroenke was part of the minority ownership group that helped former owner Georgia Frontiere move the Rams to St. Louis in 1995. When she passed away in 2008, her children inherited the Rams. This is when it turned for the worse for St. Louisans and St. Louis Rams fans. After Ms. Frontiere’s passing, her children sold the team in 2010. The Rams were in the midst of a 15-65 five year stretch that lasted from 2007-2011. This is the worst five year stretch in NFL history. Minority owner Stan Kroenke exercised his right of first refusal on the last day to match the offer current Jaguars owner Shahid Khan placed to buy the Rams. The first refusal right is parallel to an NHL offer sheet. An NHL offer sheet is where the club, that controls the player’s rights, can match another club’s offer to a restricted free agent by placing it on an “offer sheet.” After Stan Kroenke bought the Rams, it became known he planned on moving them to Los Angeles. It would be sweet justice should Stan Kroenke win his indemnity action against the NFL, only to realize he would have to use that money to fund the new team, its stadium, the personal seat licenses, and while I am on this topic, Jerry Jones must fund the new seating, clubs, and suites in the stadium with his Legends company without pay. This is the sweetest karma St. Louisans and St. Louis Rams fans could receive from this lawsuit. Charlie Marlow, Fox 2 reporter for St. Louis, hit the nail on the head; there will likely be a parade in the streets if St. Louis is granted a NFL team, but if the city is only granted monetary damages, it will be cool to see St. Louis beat the NFL in a civil suit, but there would hardly be any jumping for joy. The only parallel I can think of, should this hypothetical happen, is the situation in Cleveland after Cleveland Browns owner Art Modell announced he was moving the Cleveland Browns to Baltimore in 1995. To make things right, Commissioner Paul Tagliabue granted Cleveland an expansion team, and they began play in 1999. However, I caution all fans about getting their hopes up that another franchise is coming to St. Louis. Two teams relocated, credit to Charlie Marlow and Brooke Grimsley on their coverage here, the city and the county have not merged into one entity yet. Should they merge, it would make St. Louis more attractive. Unfortunately, as Dan Wallach and Dan Lust mentioned, there are rumblings the NFL owners do not want to go back to St. Louis for the reason mentioned above, that St. Louis lost two teams already. The NFL does not want to put a team in a market that has not kept a team for more than thirty years. The Rams were there for twenty-one seasons, and the Cardinals were there for twenty-seven seasons. Both teams left due to inadequate stadiums, the Dome at America’s Center and Busch Memorial Stadium (Busch Stadium II). The key is going to be Mayor Jones, who I wrote about earlier. She is non-committal to a franchise, and she wants the stadium to be funded because she does not want to use taxpayer or city money to construct it. It remains to be seen, will the city get another franchise, a monetary settlement, a monetary verdict, etc.? Trial is just under two months away, so get your popcorn ready.

Sports law is an ever-evolving and expanding subset of the law, and as the recent NCAA v. Alston ruling, NIL, and Super League controversy have shown, there are far more legal roles in sports than the typical pro agent. From arbitration and player unions to compliance and contracts, a law degree can open the door to a wide range of opportunities at both the collegiate and professional level of athletics. Many law schools around the country recognize the potential of sports law and offer some opportunities in the field, while some boast full-fledged sports law programs and concentrations. However, unlike business law and health law, U.S. News & World doesn’t offer lists detailing sports law programs; this makes the law school search difficult for a prospective 1L with aspirations for a career in sports. Enter the Sports Law Program Spotlight! In this series, we highlight a law school that offers strong opportunities in the field of sports law. These opportunities include, but are not limited to: a sports-centric curriculum; sports law certifications; unique legal internship opportunities within the sports market; and sports law journals. The focus of this month’s Sports Law Program Spotlight is… The University of Mississippi School of Law This flagship university in Oxford, Mississippi has more to celebrate than the Grove, beer showers at Swayze Field, and the Hotty Toddy chant (though they’re all incredible traditions). Ole Miss Law also boasts one of the best Sports & Entertainment Law concentrations in the country. A hidden gem in the sports law scene, the concentration provides students with a wealth of legal knowledge not only in sports, but gaming law as well. With the recent rise in legalized sports gambling, this education can provide a major advantage in the job market. Few law schools in the country can compete with the opportunities Ole Miss Law students receive through the Sports & Entertainment Law Concentration. “I believe our law school probably has the closest relationship between an athletics department and a law school at any university you find,” says Professor Ron Rychlak, a member of the concentration’s faculty and the Faculty Athletics Representative (FAR) for Ole Miss. As FAR, Professor Rychlak works closely with the Ole Miss Athletic Department, providing information and contacts for law students. Each semester, 2-3 law students are granted work stations in the Athletic Department’s compliance office, researching compliance issues, forming connections and gaining expertise in athletics compliance. Keep in mind, this is an athletic department in the SEC, home to some of the largest collegiate athletics budgets and brands in America; if you can make it here, you can make it almost anywhere! Many years, during the law school’s Winter Intersession, the concentration offers a unique two-week program: one week consists of classes taught by senior Athletic Department staff on campus; during the second week, students attend the NCAA Annual Meeting. Over this two-week program, students gain valuable insight into both the local and national operation of collegiate athletics. If national sports law issues are too small-scale for you, fear not! Through the law school’s Cambridge Study Abroad Program, students can spend a summer across the pond at Cambridge University learning in Ole Miss Law Professor William Berry’s international sports law course. While some law schools in the SEC offer an entertainment & sports law journal, Ole Miss Law boasts the only exclusively-sports law journal in the conference: the Mississippi Sports Law Review (MSLR). “We’re very good at the University of Mississippi at getting students published in external journals and our own journals,” Professor Rychlak notes, which is an incredible resumé booster as a law student. Additionally, students not only serve as editors and writers for journals, but also organize annual MSLR symposia featuring speakers from the sports law industry. The law school also features an active Entertainment & Sports Law Society which organizes guest speaker forums and networking events year-round. The University of Mississippi is a hidden treasure in the sports law world and deserves recognition for the exceptional opportunities it offers future sports lawyers. Hotty Toddy, Gosh Almighty, where should you consider in your sports law search? Flim Flam, Bim Bam, Ole Miss, by Damn! (Special thanks to former EASLS President Brandi Granderson and Professor Ron Rychlak, whom I had the pleasure of interviewing for this article)

While cryptocurrency is still foreign to many, crypto exchanges are heavily investing into sports. Crypto.com Arena will be the new name for the legendary Staples Center beginning on December 25 after AEG, the owner and operator of the arena, struck a 20-year deal with the crypto exchange in a deal valued at over $700 million. This makes it one of the biggest naming deals in sports history. Since the deal, the Crypto.com token, $CRO, is up 30% in 24 hours. This will give the crypto exchange a lot of exposure in one of the largest sports markets in the world, especially with multiple teams playing in the arena. The exposure could potentially help the transition into crypto for the public. Earlier this year, the Crypto exchange FTX agreed on a deal with Miami-Dade County until 2040 for $135 million for the naming rights to the Miami Heat arena. FTX has also signed on some of the biggest stars in American sports in Steph Curry, Tom Brady and most recently Shohei Ohtani as global ambassadors. These players received cryptocurrency and equity in FTX. Baseball fans may have seen the FTX patch on umpires throughout the season, because they have a deal with MLB. Although FTX is a company that was created in 2019, they have made a big splash in sports and are expected to be around for a while as evidenced by these deals. With Ethereum and Bitcoin, the two largest cryptocurrencies, recently hitting all-time highs, it gives exchanges like Crypto.com and FTX some cash flow to be able to secure big deals. How can crypto be used in the future by sports teams? As we’ve seen with some European soccer clubs, teams can create their own fan token. These tokens are mostly built on the Chiliz ($CHZ) blockchain and can be used by fans in a variety of ways. It gives holders access to fan-related membership perks like voting on club decisions and rewards, while still maintaining monetary value. For example, Paris Saint-Germain have a fan token that is trading for approximately $20 a token at the time of writing. People can buy and sell these tokens as they please, the more tokens a fan has, the more voting power they have. In a sense, it’s similar to buying a share of a team. While fan tokens are rising in popularity, you have teams that are giving away NFTs (non-fungible tokens) along with the purchase of a ticket. NFTs are usually bought using cryptocurrency, so it made sense that for the Miami Heat home opener, fans received a t-shirt with a QR code. Once scanned, the QR code awarded the person with a limited edition NFT. Similarly, the Dallas Mavericks give fans an NFT with a purchase of their ticket for every home game. These NFTs can be bought and sold. Some games may be more valuable than others. For example, the NFT for the game where Luka Doncic hit a game-winning shot against the Celtics is going for $2,000 as the lowest price at the time of writing. For Mark Cuban, this is the Mavs version of a fan token. These NFTs can be collected with rewards for collecting along with the ability to buy and sell them. A benefit of an NFT is that you don’t have to worry about it being damaged since it is digitally held and makes it harder to lose since it’s digitally stored on the blockchain. There is no surprise that Mark Cuban is leading the use of NFTs as he has allowed the purchase of Mavericks merchandise and tickets using many of the top tokens like Bitcoin, Ethereum and Doge. Crypto and blockchain could have a big role in sports going forward, although it remains to be seen how long it will take for the sports world to embrace the two technologies. Greg Termolle is a 2L at the Elisabeth Haub School of Law at Pace University. You can follow him on Twitter at @GregTerm.

The case brought by student-athletes in opposition to Western Michigan University’s COVID-19 vaccine mandate for all student-athletes has finally reached its resolution. If you are not familiar with the case, Conduct Detrimental has previously covered both the background of the lawsuit and the first major update as the case moved through the court system. Put simply: Western Michigan University issued a COVID-19 vaccine mandate for all of its student-athletes, a mandate that was different than the vaccination requirements for other students, faculty, and staff who were only “strongly encouraged”[1] to get vaccinated, and several student-athletes who were denied a religious exemption to the vaccine mandate challenged its constitutionality. After a months-long court battle, Western Michigan University and the student-athlete plaintiffs reached a settlement on Tuesday, November 16th. As part of the settlement, the university agreed to allow the student-athletes to continue participating in intercollegiate athletics without being vaccinated against COVID-19. The student-athletes will, however, be required to submit to regular testing in addition to wearing masks when appropriate.[2] Effectively, the settlement adjusted the university’s vaccine requirements so that student-athletes and all other students, faculty, and staff are subject to the same standards concerning vaccination – that is, vaccination is strongly encouraged but not required – and testing. Rather than having a separate vaccine mandate for student-athletes, student-athletes will be treated no differently than anyone else at Western Michigan University. Unfortunately for constitutional law scholars and constitutional law nerds alike, this case resulting in a settlement means that there will not be a full adjudication of the question as to whether the vaccine mandate was constitutional. The admittedly narrow holding by the Sixth Circuit Court of Appeals will be the final, pre-settlement takeaway for the case: We do not doubt [Western Michigan University’s] good faith, nor do we fail to appreciate the burdens COVID-19 has placed on this nation’s universities. . . . Other attempts by [Western Michigan University] to combat COVID-19, even those targeted at intercollegiate athletics, may pass constitutional muster[.] . . . . But having announced a system under which student-athletes can seek individualized exemptions, [Western Michigan University] must explain why it chose not to grant any to plaintiffs. And it did not fairly do so here[.][3] By creating a religious exemption to the COVID-19 vaccine mandate that student-athletes could apply for and then denying all such exemption requests without any reasoning, Western Michigan University was doomed from the start. The university released the following joint statement on behalf of Western Michigan University and the student-athletes after the settlement was announced: The student-athletes involved in the vaccine lawsuit and Western Michigan University have reached a settlement of the pending litigation, allowing both parties to move forward[.] The settlement entails the students in the suit being awarded permanent relief from the athletics vaccine mandate, although they will continue to abide by testing and mask requirements. The University will play their legal fees in the amount of $34,000.[4] The Court of Appeals acknowledged that all parties were acting in good faith. The University wishes the student-athletes well in their academic and athletic careers, and the student-athletes are excited to continue their academic and athletic careers at WMU.[5] Hopefully the university and its student-athletes will be able to move on from this lawsuit and have successful (healthy) seasons. [1] Vaccination Information | COVID-19 | Western Michigan University (wmich.edu). [2] WMU gives up lawsuit fight over vaccines for athletes (apnews.com). [3] Western Michigan University loses appeal over student athletes and vaccine requirement - mlive.com. [4] Western Michigan University paid $34,617 in attorney’s fees to the Great Lakes Justice Center, the representative for the student-athletes in their lawsuit. [5] Western Michigan University reaches settlement in lawsuit over COVID-19 vaccine mandate for athletes - mlive.com.

As we reported on our site back in October, the NCAA made the long overdue decision to commission an outside firm—Kaplan Hecker & Fink LLP—to develop a gender equity report on the gender disparities between the men’s and women’s Division I basketball tournaments. This decision, made in the wake of the outrage sparked by the uncovering of the glaring differences between meals, facilities, and resources provided to each side of the tournament, led to the wildly unsurprising finding—the NCAA was spending far more money on its male student-athletes than it was on their female counterparts. Shocker. Although some may have thought (or, in the NCAA’s case, hoped) that this would be the end of the line for uncovering these gender disparities within collegiate sports, that has turned out to be far from the truth. As of last week, after releasing a second gender equity report developed by Kaplan, the NCAA announced their approval for the expansions of both the women’s ice hockey and women’s beach volleyball championship tournaments. For ice hockey, this means extending the bracket from eight to 11 teams, while for beach volleyball, the expansion will present itself in conference automatic-qualifications, confirmation of at-large selection criterion, and improvements of the tournament’s overall format and logistics.[1] The expansion of the brackets was not, to be clear, a product of the NCAA’s imagination. The law firm recommended this change as a part of their report, and they further challenged the NCAA with additional recommendations. These recommendations included, but were not limited to: “establishing a system for collecting and maintaining standardized data across all 90 championships that will facilitate future gender equity reviews and audits, getting rid of gender modifiers on branding for the tournaments and championships, increasing the number of senior staff in the NCAA’s championships structure to improve oversight of gender equity,” and “conducting a “zero-based” budget for each championship over the next five years to ensure gender differences are necessary, appropriate and equitable.”[2] This success did not come about solely per Kaplan’s recommendations, however. Fans and student-athletes alike took to social media to both place pressure on the NCAA and express their support of the #CloseTheGap campaign, one built upon the phenomenally upsetting disparities between men’s and women’s collegiate ice hockey. All across Instagram and Twitter, advocates posted a single picture displaying just some of the findings made by the firm in their second report. Proponents called for an increase of eight to 12 teams and highlighted the “gap” between the men’s and women’s brackets as follows: athletics programs spent $6,384 more on individual male ice hockey student-athletes, spent $3.5 million more on the male championship, and permitted 7.2% more men’s teams to be eligible for the famous Frozen Four.[3] To quote mixed martial artist Max Holloway, “Numbers don’t lie.” But that’s not all, folks. On Wednesday of this week, the NCAA announced their approval of another expansion in women’s collegiate tournaments—this time for women’s basketball. Prior to the decision, the women’s tournament hosted 64 teams in comparison to the men’s 68.[4] As of this season and per the announcement, both sides will now host 68. In addition to this increase in women’s teams invited to the Big Dance, their Selection Show—typically aired on a Monday one day after the men’s—will be held on that Sunday, as well. For those of you planning ahead, double mark your calendars for March 13.[5] The true hero here, besides the student-athletes who tirelessly advocated on their own behalf, is Kaplan Hecker & Fink. The firm’s efforts (and subsequent report) represent the need for the sports and legal fields to collide—and the success that can result from doing so. Although the NCAA was the body to effectively implement these changes (because they are the only ones with the ability to do so), let us remember that these disparities in treatment of male and female student-athletes are nothing new nor surprising. It took a third party coming in and ripping the curtain back for the NCAA to make the moves it surely knew were necessary for years now. That being said, let us also recognize that this is no time to take our foot off the gas—it is a step in the right direction, but a marathon still lies ahead. [1] https://www.ncaa.org/about/resources/media-center/news/general-expansion-of-beach-volleyball-womens-ice-hockey-brackets-approved [2] https://www.espn.com/college-sports/story/_/id/32481915/second-ncaa-gender-equity-report-shows-more-money-spent-male-athletes-female-ones [3] https://twitter.com/hashtag/CloseTheGapNCAA?src=hash&ref_src=twsrc%5Etfw [4] https://www.espn.com/womens-college-basketball/story/_/id/32656250/ncaa-announces-expansion-women-college-basketball-tournament-68-teams [5] https://bleacherreport.com/articles/10018478-ncaa-womens-basketball-tournament-to-expand-to-68-teams-starting-in-2021-22-season

This serves as an update to the previous article I wrote on this matter, which can be read here: Buyer Beware? NFL Sunday Ticket One of the problems I highlight in that article above is that in order to watch out-of-market NFL games, you need to either be a student and get the student deal, live in a place where DirecTV is not available, or be a DirecTV customer. The change from satellite to streaming seems to be rapidly approaching. It should be noted, the current deal ends after the 2022 season. The prevailing view is that DirecTV will keep the satellite portion of the Sunday Ticket, but streaming rights may go somewhere else. (Pro Football Talk). Disney is still in the mix. But there is also talk about how the NFL may look to innovate the package. There are rumors that the NFL may cut out the third party and distribute it straight to the viewer. That is probably unlikely as they are more than able to get paid billions by doing a partnership with one or more streaming services. The other rumor is that the package could be on some type of a “flex plan”. The current model gives all the out of market games on Sundays. However, it may be innovated where the consumer can choose which games to buy, whether by team, week, or one at a time. I know that I really just care about a few teams and I don’t need to watch the Jacksonville Jaguars play the Cincinnati Bengals (sorry, not sorry). Innovation would be greeted with enthusiasm. But the bigger point remains, the break up of the current contract and allowing other stream services to pickup the NFL streaming rights may breakup the antitrust allegations. By spreading the product through multiple avenues, this may eliminate the price-fixing allegations, the clear lack of competition, and provide a substitute for people that are trying to cut the cord. The same issue remains for the new buyer or buyers, a non-exclusive deal is worth much less than an exclusive deal. But it could save them from a big lawsuit. Xander Landy is an Associate Attorney at Knight Hoppe, Kurnik, & Knight, he graduated as part of the Marquette Law School Class of 2021. He can be found on Twitter at @zoolandy.

If the allegations explored by part one of the Benjamin Mendy saga did not suggest the possibility of guilt, perhaps two new charges of rape will do the trick.[1] To recap, Benjamin Mendy, Manchester City’s feature left-back, is currently being held without bail after Judge McGarva’s decision to deny Mendy bail back in late August.[2] At that point in time, Mendy found himself confronted with four counts of rape and one count of sexual assault, with three of the rape charges stemming from incidents with women under the age of eighteen.[3] With an already seemingly insurmountable burden to overcome in order to prove his innocence, on November 16, 2021, Mendy learned of two additional charges of rape filed against him.[4] This now brings the charges to six counts of rape and one for sexual assault.[5] Unsurprisingly, the court yet again denied Mendy bail, as he will now likely await his January 24, 2022 court date while behind bars.[6] Despite the differences in severity for their alleged acts, the stark contrast in the handling of the Benjamin Mendy allegations versus the Deshaun Watson allegations highlights a proclivity for trepidation with regards not only to believing victims when the perpetrator is an athlete, but also for swinging the iron fist of justice. Have we decided to set the standard that only the most heinous of crimes can receive an adequate judicial proceeding? Though he has not yet formally been charged with a crime, Watson faces 10 criminal complaints and 22 civil lawsuits for sexual assault.[7] While Watson cannot be detained without a formal criminal charge, it is fair to ask why this process has taken so long. Even more egregious, Watson, who is currently in the process of trying to settle the civil claims, has not faced any discipline from the NFL.[8] The only reason fans have not seen Watson take the field this season for the Houston Texans stems from the franchise’s decision not to play the quarterback.[9] Furthermore, Watson has frequently vocalized his unwillingness to play for the Texans, demanding a trade to a new team.[10] So, while some may believe the Texans refuse to play Watson due to the ongoing legal dispute, the Texans may instead be attempting to satisfy an ulterior motive by keeping Watson healthy and maintaining his trade value if these cases do in fact settle. In spite of these numerous allegations, the Miami Dolphins reportedly contacted the Texans and set up a tentative trade deal for Watson, with a conditioned term that the deal would only go through if Watson settled his claims by the trade deadline.[11] On the other hand, Manchester City have removed Mendy’s merchandise from their team store and have fully disassociated from the player pending the results of the trial.[12] In addition, the FIFA video game has even gone as far as to remove Mendy from the game.[13] Watson has faced none of the same reprehension.[14] Are these situations truly so attenuated to call for such a dire discrepancy in the response to the alleged actions of Mendy and Watson? Due process is a vital part of society, but its very existence does not explain this divergence. [1] Michael Millstein, Bail’s (Not) To Mendy, Conduct Detrimental (Sept. 24, 2021), https://www.conductdetrimental.com/post/bail-s-not-to-mendy; Benjamin Mendy: Manchester City footballer charged with two further rapes, BBC NEWS (Nov. 16, 2021), https://www.bbc.com/news/uk-england-manchester-59306545. [2] Josh Halliday, Benjamin Mendy: Footballer remanded in custody on rape charges, The Guardian (Aug. 27, 2021), https://www.theguardian.com/uk-news/2021/aug/27/benjamin-mendy-footballer-remanded-in-custody-on-charges. [3] Benjamin Mendy: Manchester City defender appears in court after being charged with four counts of rape and one of sexual assault, Sky News (Aug. 27, 2021), https://www.skysports.com/football/news/11679/12392150/benjamin-mendy-manchester-city-defender-appears-in-court-after-being-charged-with-four-counts-of-rape-and-one-of-sexual-assault. [4] BBC News, supra note 1. [5] Id. [6] Id.; Benjamin Mendy: Manchester City defender charged with two additional counts of rape, ESPN (Nov. 16, 2021), https://www.espn.com/soccer/manchester-city-engman_city/story/4521562/benjamin-mendy-manchester-city-defender-charged-with-two-additional-counts-of-rape. [7] Mike Florio, Commissioner cites lack of information for absence of Deshaun Watson decision, Pro Football Talk (Oct. 26, 2021), https://profootballtalk.nbcsports.com/2021/10/26/commissioner-cites-lack-of-information-for-absence-of-deshaun-watson-decision/. [8] Id. [9] Aaron Reis, timeline of Deshaun Watson sexual assault lawsuits: Trade won’t happen before deadline, The Athletic (Oct. 26, 2021), https://theathletic.com/2496073/2021/10/26/timeline-of-deshaun-watson-sexual-assault-lawsuits-lawyer-for-texans-owner-tried-to-broker-mediation/. [10] Id. [11] Id. [12] Kevin Dotson, Benjamin Mendy: Manchester City defender facing two additional rape charges, CNN (Nov. 16, 2021), https://www.cnn.com/2021/11/16/football/benjamin-mendy-rape-charges-manchester-city-spt-intl/index.html. [13] Rhodri Cannon, Benjamin Mendy removed from FIFA 22 as he awaits trial, The athletic (Sept. 29, 2021), https://theathletic.com/news/benjamin-mendy-removed-from-fifa-22-as-he-awaits-trial/4PJOKqxFN707/. [14] Reis, supra note 9.

On November 18, China’s Global Television Network published the following email—one purportedly penned by the top-ranked women’s professional tennis player, Peng Shuai: “Hello everyone this is Peng Shuai. Regarding the recent news released on the official website of the WTA, the content has not been confirmed or verified by myself and it was released without my consent. The news in that release, including the allegation of sexual assault, is not true. I’m not missing, nor am I unsafe. I’ve just been resting at home and everything is fine. Thank you again for caring about me. If the WTA publishes any more news about me, please verify it with me, and release it with my consent. As a professional tennis player, I thank you all for your companionship and consideration. I hope to promote Chinese tennis with you all if I have the chance in the future. I hope Chinese tennis will become better and better. Once again, thank you for your consideration.”[1] On November 2, Peng Shuai, who was once described by the Chinese government as their “Chinese princess” and a “golden flower,” made a post on her verified social media account wherein she accused one of China’s former top officials of sexually assaulting her.[2] The allegations, made specifically against Zhang Gaoli, are the first of their kind against a high-ranking individual power in China.[3] Now I’m no private investigator, but simply the tone of that email raised two (or twenty) red flags in my mind. As an added layer of context, following her allegations, Peng Shuai has disappeared from the public eye. In the post, Peng described an on-again, off-again relationship with Zhang, a former provincial governor who served on the Politburo Standing Committee from 2012 to 2017.[4] According to Shuai, once Gaoli stepped down from his position, the pair rekindled their relationship—only for the former premier to assault Ms. Shuai after inviting her to play tennis with him and his wife.[5] Shuai further claimed that Gaoli forced her into multiple sexual encounters against her will.[6] The post, however, was deleted in minutes, with only a few lingering screenshots to prove it existed in the first place. Many of those following the situation point to China’s extreme censorship practices, with some recognizing how similar accusations of sexual abuse in the nation are met with shame and “heavy-handed legal responses.”[7] Although contempt and legal threats are certainly concerning, Peng Shuai’s current reality is much, much worse. Following the post—and its subsequent deletion—Peng Shuai has all but disappeared from public view. Both the tennis and professional sports world at large have responded with rage, confusion, and demands for answers, and how does China respond? You guessed it—with “Peng’s” email. As of Friday morning, the Chinese government is claiming to have absolutely no knowledge of the situation. Zhao Lijan, spokesperson for China’s Foreign Ministry, told reporters that the controversy was not a “diplomatic question and I’m not aware of the situation.”[8] This preposterous response has only added fuel to the fire of responses from around the world, with powers such as the U.N. Human Rights office responding with promises for “an investigation with full transparency into her allegation of sexual assault.”[9] In the wake of bravely coming forward and making such allegations, Peng Shuai deserves support from her government, her country, and the world at large—not because she is a phenomenal athlete on the court, but because she is a human being off of it. [1] https://twitter.com/CGTNOfficial/status/1461025491842916358/photo/1 [2] https://www.espn.com/tennis/story/_/id/32665214/china-foreign-ministry-not-aware-situation-surrounding-tennis-player-peng-shuai [3] https://www.nytimes.com/2021/11/17/world/asia/peng-shuai-zhang-gaoli-china-tennis.html [4] Id. [5] Id. [6] https://www.espn.com/tennis/story/_/id/32665214/china-foreign-ministry-not-aware-situation-surrounding-tennis-player-peng-shuai [7] https://www.nytimes.com/2021/11/17/world/asia/peng-shuai-zhang-gaoli-china-tennis.html [8] https://www.espn.com/tennis/story/_/id/32665214/china-foreign-ministry-not-aware-situation-surrounding-tennis-player-peng-shuai [9] Id.

With his combination of power and speed, Los Angeles Dodgers’ infielder Trea Turner is one of the most electric players in Major League Baseball today. At 28 years old, he is already one of only five players in MLB history with three career cycles, and this winter, Turner will do something that very few baseball players do - go through the arbitration process for the 4th time! Along with 11 other hitters,[1] Turner was a Super Two player in 2019, and thus eligible for an additional arbitration year. Out of that initial group, only Turner and Hedges have made it to their 4th arbitration year without signing an extension, getting non-tendered, or falling behind accruing service time. For an explanation on Super Two criteria, see this article! Despite having gone through the arbitration process three times already, Turner has never actually had to sit for a hearing - he settled at $3.725M in 2019,[2] settled at $7.45M in 2020,[3] and settled once again with the Nationals at $13M in 2021.[4] This is not uncommon. In the last 5 years, only 14 Super Two hitters[5] have gone through the arbitration process for the 4th time, and only Josh Donaldson had ever been through an arbitration hearing.[6] In fact, all 14 of those hitters reached a settlement with their Club and avoided going to trial during their 4th arbitration year. In 2021, Kris Bryant was the only 4th time eligible Super Two player and settled with the Cubs for a salary of $19.5M,[7] a raise of only $900K. All three 4th time Super Two players in 2020,[8] all four in 2019,[9] and all three in both 2018,[10] and 2017,[11] settled with their clubs and avoided a trial. The group of hitters most comparable to Turner are Nolan Arenado (settled for $26M in 2019) Josh Donaldson (settled for $23M in 2018), George Springer (settled for $21M in 2020), Kris Bryant (settled for $19.5M in 2021), and Anthony Rendon (settled for $18.8M in 2019) However, most of Turner’s ‘salary neighbors’ within this group of hitters - Nolan Arenado,[12] Josh Donaldson,[13] and George Springer[14] - agreed to two-year extensions which bought out their 2nd and 3rd years of arbitration eligibility, taking them out of the picture for a 3rd year to 4th year comparison of arbitration raises. Unlike Turner, Bryant was coming off a down year in 2020 where he hit just .206 with 4 home runs in only 34 games.[15] Since Kris Bryant did not perform well in his platform season (Trea finished 5th in MVP voting in his platform season),[16] had a much higher third time arbitration salary ($18,600,000 to $13,000,000), and had both Rookie of the Year and Most Valuable Player awards (Trea has neither), he would likely not serve as a good comparison for either team or player side when putting together a potential Turner case. Enter Anthony Rendon. Anthony Rendon received the largest raise from 3rd to 4th year of arbitration eligibility in MLB history when he settled with the Nationals at a salary of $18.8M in 2019, a $6.5M raise from his $12.3M salary in 2018. Just like Turner, Rendon settled with the Nationals in each of his first three arbitration eligible seasons: First Time Eligible: Turner (2019): $3,725,000 Rendon (2016): $2,800,000 Second Time Eligible: Turner (2020): $7,450,000 $3,725,000 Raise Rendon (2017): $5,800,000 $3,000,000 Raise Third Time Eligible: Turner (2021): $13,000,000 5,550,000 Raise Rendon (2018): $12,300,000 6,500,000 Raise Turner and Rendon’s salaries reflect comparable performance on the field. When Rendon was eligible for his 4th arbitration year, he was coming off a season in which he finished 11th in MVP voting and 3rd in Gold Glove voting (he was not selected as an All-Star). In his career, Rendon had recorded one top 5 MVP finish, two top 10 MVP finishes, and won the Comeback Player of the Year award in 2016. Similarly, Turner also has recorded one top 5 MVP finish and two top 10 MVP finishes, however unlike Rendon, Turner was selected as an All-Star in his platform season. Turner’s platform season performance was stronger than Rendon’s nearly across the board, with Turner holding an advantage in: Runs (107 to 88), Homeruns (28 to 24), Stolen Bases (32 to 2), AVG (.328 to .308), and Wins Above Replacement (6.5 rWAR and 6.9 fWAR to 5.1 and 6.2 respectively). That’s not to take anything away from Rendon or the season that he had in 2018. In fact, there is a strong argument to be made that Turner had the greatest hitting season ever for any 4th time arbitration eligible hitter - his totals of 107 Runs, .328 Batting Average, 6.5 rWAR, and 6.9 fWAR are each the highest ever within that group. With Rendon and his $6.5M raise as the only realistic comparison for Turner, it is no stretch to predict that Trea receives at least a $7M raise, putting his 2022 salary at or above $20M. This would continue the trend of Trea placing himself in elite company: he would become just the 5th hitter in Major League history to receive a salary arbitration award above $20M, joining Mookie Betts,[17] Nolan Arenado,[18] Josh Donaldson,[19] Francisco Lindor,[20] and George Springer.[21] Whether or not Turner and the Dodgers reach a settlement or go to trial, it is likely that one of the most underrated players in MLB will quietly make history once again this winter. Dean Rosenberg is a 2L student at Benjamin N. Cardozo School of Law in New York City. He can be found on LinkedIn at https://www.linkedin.com/in/dean-rosenberg-4a1507a1/ and on Twitter @deanrosen7. For all of Dean’s Conduct Detrimental Articles, click here. [1] Byron Buxton, Curt Casali, Brandon Drury, Austin Hedges, Travis Jankowski, Max Kepler, Jose Peraza, Kevin Plawecki, Blake Swihart, and Tony Wolters [2] https://www.washingtonpost.com/sports/2019/01/10/joe-ross-nationals-avoid-arbitration-by-settling-before-deadline/ [3] https://www.espn.com/mlb/story/_/id/28460082/trea-turner-nationals-avoid-arbitration-745m-deal-2020 [4] https://www.mlbtraderumors.com/2021/01/nationals-trea-turner-avoid-arbitration.html [5] Kris Bryant, Jackie Bradley Jr., Jake Marisnick, George Springer, Nolan Arenado, Didi Gregorius, Jurickson Profar, Anthony Rendon, Lonnie Chisenhall, Josh Donaldson, Martin Maldonado, Darwin Barney, Lucas Duda, and Eric Hosmer [6] Donaldson lost to the Blue Jays his first time eligible for arbitration in 2015 when he filed at $5,750,000 and the Club filed at $4,300,00 [7] https://www.espn.com/mlb/story/_/id/30719204/chicago-cubs-avoid-arbitration-kris-bryant-javy-baez [8] Jackie Bradley Jr., Jake Marisnick, and George Springer [9] Nolan Arenado, Didi Gregorius, Jurickson Profar, and Anthony Rendon [10] Lonnie Chisenhall, Josh Donaldson, and Martin Maldonado [11] Darwin Barney, Lucas Duda, and Eric Hosmer [12] https://www.purplerow.com/2017/1/13/14247806/colorado-rockies-nolan-arenado-arbitration-contract [13] https://www.mlbtraderumors.com/2016/02/blue-jays-josh-donaldson-agree-to-two-year-extension.html [14] https://www.espn.com/mlb/story/_/id/22331130/george-springer-houston-astros-agree-two-year-deal-avoid-arbitration [15] Ibid [16] https://www.baseball-reference.com/awards/awards_2021.shtml [17] Settled for $27M with the Red Sox in 2020 [18] Settled for $26M with the Rockies in 2019 [19] Settled for $23M with the Blue Jays in 2018 [20] Settled for $22.3M with the Mets in 2021 [21] Settled for $21M with the Astros in 2020

The NHL season is underway and while the spotlight is on the players, more light needs to be shed on the teams. The Chicago Blackhawks were recently in the news for their investigation into allegations of sexual assault from 2010. This resulted in the president of hockey operations resigning and the team being fined $2 million dollars. The Pittsburgh Penguins recently settled following claims that former Wilkes-Barre/Scranton Penguins coach John Donatelli sexually assaulted Erin Skalde in 2018. The details of the settlement were not disclosed. While these stories have been a hot topic there is little media coverage about the Anaheim Ducks General Manager (GM) Bob Murray. Murray has been employed by the Ducks since 2005 and is the third-longest tenured GM in the NHL. The other two tenured GMs are Nashville’s David Poile and San Jose’s Doug Wilson.[1] At first Murray was placed on administrative leave by the Ducks but ultimately, he resigned from his position. The leave and ultimately resignation stem from the same allegation of improper professional conduct, the specific of the complaints as well as people who came forward has not been disclosed. An internal investigation conducted by Sheppard Mullin revealed that Murray created a toxic workplace by verbal abusing and harassing Ducks players, coaches and personnel.[2] One source stated “Working for Bob Murray was pure daily mental warfare. The abuse was endless. Crazy text messages to players and staff berating them for their performance and threats of job security happened with regularity. These weren’t one-time slip-ups or mistakes. These were regular explosions and eruptions.”[3] This type of verbal abuse does not belong in the workplace. Following his resignation, Murray will enroll in an alcohol abuse program and assistant general manager Jeff Solomon will take over as interim GM.[4] After resigning Murrays said "I want to apologize to anyone adversely affected by my behavior. I vow to make changes to my life, starting with enrolling in a treatment program. I want to thank Henry and Susan Samueli, and Michael Schulman, as working for them has been one of the highlights of my career. As I step away from the Ducks, I will focus my attention on where it should be: improving my life for the betterment of my family and friends." The Ducks owners, Henry and Susan Samueli released a statement following Murray’s resignation saying "First and foremost, we apologize on behalf of the organization to anyone affected by misconduct from Bob. We expect every member of our organization to be treated with respect and will not stand for abuse of any kind.” [5] The NHL also released a statement supporting the resignation and condemning any type of workplace abuse. While the sentiments from the owners and league are a start, it is not enough. The NHL needs to hold teams more accountable for their staff and actions of the teams. The last few months have seen allegations from the Blackhawks and the Penguins. In both situations, complaints were ignored by high-ranking officals within the organizations. The individuals who work and play for these teams have the right to be in a workplace enviornment that is welcoming, not toxic. This does not just apply to the NHL; the NFL and the NBA have also had allegations against owners of teams with in the last few years. The bad behavior of the high-ranking individuals in these leagues is unacceptable and should no longer be tolerated. The commissioners of the leagues need to do better to protect the staff and players. [1] Seravalli, Frank. “Sources: Ducks GM Bob Murray Placed on Leave for 'Mental Warfare,' Verbal Abuse.” Daily Faceoff, Nov. 10, 2021, https://www.dailyfaceoff.com/sources-ducks-gm-bob-murray-placed-on-leave-for-mental-warfare-verbal-abuse/. [2] Id. [3] Id. [4] Shilton, K. (2021, November 11). Anaheim Ducks general manager Bob Murray resigns, will enroll in Alcohol Abuse Program. ESPN. from https://www.espn.com/nhl/story/_/id/32601417/anaheim-ducks-general-manager-bob-murray-resigns-enroll-alcohol-abuse-program. [5] Id.

Picture this: you’re sitting at your laptop, and after hearing some buzz about allegations of abuse in the NWSL, you decide to Google the situation. You get super creative with your search and enter, “Abuse in the NWSL.” Here are the titles of just some of the articles you would find: “Rory Dames Accused of Verbal, Emotional Abuse After Resignation as Chicago Red Stars Coach” “Red Stars’ Dames Resigns Amidst Abuse Allegations; NWSL Players Say U.S. Soccer Failed to Act” “Again and Again. Women’s Pro Soccer Players Are Just the Latest to Deal with Abuse” “‘This Guy Has a Pattern’: Amid Institutional Failure, Former NWSL Players Accuse Prominent Coach of Sexual Coercion” “Dames Becomes Fifth Male NWSL Coach to Resign in 12 Months Amidst Abuse Claims” “A Timeline of the Abuse Allegations, Protests, and Negotiations that Have Rocked the NWSL” “NWSL Agrees to Several Demands from Players in Wake of Abuse Scandals” “NWSL Sexual Abuse Scandal: Female Athletes Deserve Better” Within the past few months, courageous NWSL athletes decided that enough was enough. Athletes across all teams stood in solidarity with one another as they championed the #NoMoreSilence campaign, one which referred to the six years wherein league leadership did nothing to investigate claims of emotional, verbal, and sexual abuse.[1] Brave survivors came forward both to share their stories and to put pressure on league administration to act accordingly. As each new player came forward with her own story, it seemingly empowered the next one to follow suit. As of now, players from the Washington Spirit, Portland Thorns, and Chicago Red Stars have come forward with similar allegations of abuse from within their organizations. Head coach Richie Burke of the Washington Spirit was fired midseason amid allegations of verbal and emotional abuse, which presented itself as racially insensitive comments, threats, and personal insults against players.[2] After hiring an independent third party to evaluate the allegations, the NWSL released findings that substantiated the claims.[3] The League determined that Burke had violated its anti-harassment policy and permanently banned him from working with NWSL players in any capacity.[4] In the wake of Burke’s firing, Spirit players came forward with a series of demands from upper management—namely for the organization’s CEO, Steve Baldwin, to step down from his role and sell the team. The powerful statement penned by the athletes can be found at the following link: https://theathletic.com/news/washington-spirit-players-ask-former-ceo-steve-baldwin-to-sell-team/G2HYPC21HtcL/ Even still, allegations of abuse continued. Head coach Paul Riley of the North Carolina Courage was fired following allegations of verbal abuse and sexual coercion which occurred during his time as head coach of the Portland Thorns.[5] The allegations against him spanned “over a decade and across multiple teams.”[6] As details of the League’s mistreatment of the situation emerged, NWSL Commissioner Lisa Baird resigned from her position just days after Riley was terminated.[7] Lisa Levine, the former general counsel of the NWSL, resigned as well.[8] It is important to note that these authority figures were permitted to resign—rather than be fired—from their positions despite their blatant disregard for the health and safety of the athletes. The most recent development in the untangling of this cobweb of abuse came about last week when Christen Press, perhaps one of the most famous and talented players within women’s soccer today, came forward to corroborate stories of verbal and emotional abuse handed down from Chicago Red Stars head coach Rory Dames. Once again, however, Press made these allegations long ago—in fact, Becca Roux, executive director of the national team players’ union, confirmed that these allegations were reported as early as 2018.[9] “I think Rory emotionally abuses players,” Press stated. “He doesn’t have a safe distance between himself and [them]. He uses his power and status as the coach to manipulate players and get close to them.”[10] Similar to the allegations made against North Carolina Courage head coach Paul Riley, Press—and the seven others speaking up beside her—claimed that nothing was done to mitigate the damages of this abhorrent behavior. However, in Dames’ case, players went not to the NWSL itself, but to straight to the top—the U.S. Soccer Federation.[11] Their response, both to Press and the others? “Be quiet.” The allegations against Dames, who was the longest-tenured coach in the NWSL when he was permitted to resign, were first reported to the public by the Washington Post. The Post conducted a series of private interviews and examined confidential records in the course of their investigation after allegations of abuse continued to arise from players. Per their investigation, the Post determined that players had seen Dames “cross a line” into the territory of verbal and emotional abuse, stating that he would control, berate, and humiliate players and often broke the boundaries of the player-coach relationship.[12] In 2021 alone, five male NWSL coaches—including Dames—have been accused of misconduct, making it clear that this abuse is nowhere near an isolated incident.[13] May we tip our hats to all of the brave athletes who came forward over the past six years, to those who are currently taking a stand, and to those who are not yet ready to do so. We, as your fans, stand by you in your demand for #NoMoreSilence. [1] https://www.insider.com/nwsl-sex-abuse-scandal-players-protest-honor-survivors-league-return-2021-10 [2] https://www.npr.org/2021/09/29/1041397913/nwsl-washington-spirit-richie-burke-fired [3] Id. [4] Id. [5] http://wesleyanargus.com/2021/11/01/nwsl-sexual-abuse-scandal-female-athletes-deserve-better/ [6] Id. [7] https://www.espn.com/soccer/united-states-nwsl/story/4491397/former-nwsl-commissioner-lisa-baird-resigns-from-us-soccer-board-of-directors-sources [8] Id. [9] https://www.washingtonpost.com/sports/2021/11/22/rory-dames-chicago-red-stars-resigns/ [10] Id. [11] Id. [12] Id. [13] Id.