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The Sports Esquires

Editorial Team

Tom Brady’s Winning Argument

August 31, 2021 by Editorial Team

On Wednesday, August 19, attorneys for the NFL and NFLPA were back in a New York courtroom before Judge Richard Berman for oral arguments.  Judge Berman’s task is to review NFL Commissioner Roger Goodell’s arbitration decision which confirmed Tom Brady’s four-game suspension.  Now that the transcript of the hearing is out we have a better …

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The FBI Investigation That Sent College Basketball Reeling

August 31, 2021 by Editorial Team

The latest NCAA scandal has hit the news, but this time it doesn’t come from Indianapolis, or a school. The FBI has charged ten people involved with men’s college basketball with federal criminal charges of fraud, bribery and corruption, including four assistant coaches, managers/financial advisors, and a senior-level Adidas employee.[i] More arrests and charges will …

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The Depth of Deppe’s Case Against the NCAA

August 31, 2021 by Editorial Team

After facing an onslaught of litigation on almost every possible amateurism restriction, the NCAA now faces another lawsuit. The newest suit targets restrictions on Division I Football Bowl Subdivision (FBS) student-athlete transfers and scholarship limits.[i] The current zeitgeist views NCAA transfer restrictions as harsh non-compete clauses for a class of people that are not legally …

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Sold Out: How The BOTS Act Attempts to Ensure Equitable Access to Tickets

August 31, 2021 by Editorial Team

The situation is a familiar one for sports, music, and entertainment enthusiasts alike. Fans flock to Ticketmaster or similar ticket-sellers’ websites in advance of The Big Game or The Concert of the Decade. Mere seconds after the tickets go on sale, however, the event sells out, leaving many diehards ticketless. If it doesn’t seem humanly …

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NFL Blitz: The League’s Surprising New Argument

August 31, 2021 by Editorial Team

The NFL filed its Deflategate Reply Brief to the Second Circuit on December 21, 2015.  While the league mainly reiterated its previous arguments and responded to the NFLPA’s arguments, it also introduced a completely new argument in the last scheduled filing before oral arguments in March.[1]  What was the argument, why did the NFL wait …

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New York’s Interactive Fantasy Sports Law Faces Constitutional Challenge

August 31, 2021 by Editorial Team

Just months ago, the New York legislature passed a much publicized law authorizing and regulating online fantasy sports in the state. That law has now come under attack. Four New York citizens – backed by an anti-gambling government reform group – filed suit last Wednesday against New York Governor Andrew Cuomo and the state gambling …

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Injunction Junction: Drama-Filled Day in New York for Daily Fantasy Sports Companies

August 31, 2021 by Editorial Team

It would not be a surprise if those following the legal proceedings of the daily fantasy sports (DFS) world’s two leading operators, DraftKings and FanDuel, were still suffering the effects of whiplash after last Friday’s events in New York. In the morning, a New York state judge ruled that the sites could not offer their …

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Lessons Learned from Deflategate

August 31, 2021 by Editorial Team

Now that the Second Circuit has denied Tom Brady’s petition for rehearing and he has announced his decision to no longer pursue the case, Deflategate is effectively over.  Though the NFLPA may still decide to pursue the case to the Supreme Court, it is highly unlikely that the Court would choose to hear the case.  …

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From Fantasy to Reality: The Evolution and Legality of Fantasy Sports

August 31, 2021 by Editorial Team

More than 40 million people played fantasy sports in North America last year, the equivalent of 30 percent of U.S. adult males. –Bloomberg Business In addition to my day job as an attorney, I’ve been writing for one of the forerunners in the fantasy-sports industry, Rotowire, since 2009.[i] As such, I’ve had a front-row seat …

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Daily Fantasy Sports in a New York State of Mind

August 31, 2021 by Editorial Team

In what many predicted to be an inevitability, the daily fantasy sports (DFS) industry’s two leading operators, DraftKings and FanDuel, are taking to the courts to defend the legality of their games. The outcome of the legal proceeding will reverberate nationwide and could have a profound impact on the rapidly-growing DFS marketplace. Cease-and-Desist Last month …

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