Sunday, October 16, 2011

Why don't more schools help their athletes go pro?


I had a story last week on schools that provide counseling for athletes who go pro, featuring Boston College's Warren Zola (some of you will recognize him from this very site). Zola is a dean at the BC business school, and this is a niche he has carved out for himself after recognizing that many athletes are ill-prepared for the transition. Players like former BC lineman Anthony Castonzo, a first-round pick by the Colts, (pictured) said they wouldn't have been able to navigate the transition without help.

The most interesting part, to me, is how few schools -- about 25 percent, by some estimates -- provide the service. I would think it would be a nice recruiting tool to say to a recruit, "We'd like you to meet Warren. When the time comes for you to go pro, he's here to help you with everything you need." This would play right into the dreams of high schoolers, who all think they are destined for NFL stardom (or NBA, or MLB, etc.). It seems like it would help the schools, too, because having someone who knows the terrain can help avoid recruiting violations.

But only few schools have advisers in house, and some more hire outside consultants to manage the process. Ironically, the issue might be that the NCAA requires the advisers to be independent from the athletic department. While this removes much of the conflict of interest that could arise in the decision whether to leave early, it also takes away the most obvious source of funding for the position.

Zola has written about reform in college athletics before, including this law review article where he spells out the issues in the Professional Sports Counseling Panels, as they're called in the NCAA bylaws.

Wednesday, October 12, 2011

John Calipari and Derrick Rose settle ticket devaulation lawsuit

Why did John Calipari and Derrick Rose agree to this settlement with University of Memphis ticket holders who filed a lawsuit claiming that the NCAA's vacating of its 2007-08 Final Four season resulted in the devaluation of their tickets? Color me surprised. This lawsuit probably would have been dismissed; instead, the settlement probably makes more of these lawsuits likely to be filed. Mark Conrad and I speak with Kyle Veazey of the Memphis Commercial Appeal about it.  Here are excerpts:

* * * 
The three Memphis-area attorneys who pursued former University of Memphis coach John Calipari and guard Derrick Rose with threats of legal action probably haven't inspired a new trend, sports law experts say. 
But Michael McCann, a professor at Vermont Law School and sports law columnist at SI.com, wouldn't rule out at least a few attempts. "Other fans are going to see this and say 'It sort of worked there,'" McCann said. "They were able to secure a settlement. I don't think it's going to give rise to courts sanctioning this, but I think it could give rise to others wanting to file a lawsuit." 
That's how it paid off in May 2010 for local attorneys Martin Zummach, Frank L. Watson III and William Burns. They threatened a lawsuit against Calipari, Rose and U of M athletic director R.C. Johnson, claiming the NCAA's vacating of its 2007-08 Final Four season resulted in the devaluation of their tickets. 
Calipari and Rose agreed to pay the attorneys $100,000. Calipari also agreed to donate $232,000, the approximate after-tax value of his bonuses connected with the season, to the Tiger Scholarship Fund. Rose agreed to consider making a donation sometime before 2015.
* * *
Mark Conrad, who teaches sports law classes at Fordham University, doesn't think the case will spawn a rash of copycats. "I certainly don't see it as a trend in pro sports ... and I certainly would be very surprised if you see this from universities," Conrad said. 
Conrad noted that though the specifics of the Memphis case seemed unique, ticket-holder lawsuits aren't altogether uncommon. He said they're usually unsuccessful, too.
* * *
Both Conrad and McCann were stunned at the Memphis settlement.
"I was like, 'wow,'" McCann said. "The lawsuit, the claims did not seem very strong and I'm surprised that the defendants -- Calipari, Derrick Rose -- that they would agree to pay anything." 
McCann said he anticipated that the case, if it had ever been filed, would have been dismissed. 
But even with the perceived unlikelihood of its success, such a case would have its costs -- "at the very least, stress, cost, retaining a lawyer, time. Time for a coach, obviously, is really valuable."

Monday, October 10, 2011

New York Law School Third Annual Sports Law Symposium



I look forward to joining many friends and colleagues at New York Law School's upcoming sports law symposium.  It should be an awesome event.  Great work by Elliot Solop, founder/EIC of The Sports Tomato, in putting it together.


The New York Law School Institute for Information Law and Policy and the New York Law School Sports Law Society


Presents:

The Third Annual Sports Law Symposium

Date:              Friday, November 4, 2011
Location:      New York Law School, 185 West Broadway, NY
Rooms:         2nd Floor Events Center, W402, W420
Time:             12:30pm-8pm

Industry leaders will engage in panel discussions involving current legal issues in the sports industry including the legal infrastructure of developing and growing professional sports leagues, amateurism issues in collegiate sports, intellectual property management of sports and entertainments brands, and athlete agent regulation and enforcement.  Panelists will also offer perspective on breaking into the legal side of the sports industry. A networking reception will follow the day’s events.

Panels:
-Panel 1: Overview of Current Legal Developments in the Sports Industry
-Breakout Session 1: Financial and Tax Considerations in Representing Professional Athletes
-Breakout Session 2: Intellectual Property Issues in Sports
-Breakout Session 3:  Athlete Agent Regulation and Enforcement
-Panel 2:  Legal Infrastructure of Developing and Growing Professional Sports Leagues
-Panel 3:  Amateurism Issues in Collegiate Sports
-Panel 4:  Breaking Into the Sports Industry
-Networking Reception

Panelists:
Jason Belzer - President, Global Athlete Management Enterprises, Inc.
Andrew Bondarowicz - President, Aregatta Group, Inc.
Allison Cantor - Assistant Counsel, ESPN
Mark Conrad ’81 - Associate Professor of Business Law, Fordham University, Adjunct Professor of Sports Law, New York Law School
George Daniel -  Commissioner, National Lacrosse League
Marc Edelman - Assistant Professor of Law at Barry University’s Dwayne O. Andreas School of Law
Dimitrios Efstathiou - Senior Counsel, Major League Soccer
Andrew Fine - Director of Marketing and Broadcasting, RLR Associates
David Fish - NFLPA Certified Agent, Adjunct Professor of Law, New York Law School
David Gross - Commissioner, Major League Lacrosse
Darren Heitner - Founder of Sports Agent Blog, President of Dynasty Sports LLC
David Mayer -  Counsel, ESPN
Kevin Matz - Managing Member, Kevin Matz & Associates PLLC
Michael McCann - Sports Illustrated Legal Analyst, NBATV Legal Analyst, Professor of Law, Vermont Law School
Tim McIIwain ’95 - Partner, McKenna McIlwain, LLP
Robert Raiola - CPA, Sports & Entertainment Group Manager at Fazio, Mannuzza, Roche, Tankel, LaPIlusa, LLC
Katherine Salisbury - President, Friedman & Salisbury Sports Management LLC
David Soskin ’08 - Assistant Counsel, ESPN
Mike Zarren - Assistant General Manager and Associate Team Counsel, Boston Celtics
Warren Zola - Chair, Professional Sports Counseling Panel, Boston College

CLE credits will be offered.

For more information on the event, please contact Elliot Solop at essolop@gmail.com.