Legal experts wary of NFL’s plan on conduct
December 8, 2014 -- Sports Business Journal
Irwin Kishner was quoted in the Sports Business Journal about the legal ramifications of the National Football League implementing a reformed personal conduct policy for players without collectively bargaining the changes with the players' union. Irwin indicated that the NFL does not have much legal standing to argue that the policy changes are not subject to union agreement. "I haven't seen a legal argument to justify it," he said. "[The NFL's] intentions are right on all of this, but I don't see how they can unilaterally implement a change to an article in the CBA."
Silver’s Column An Effort To Clarify NBA Stance
November 24, 2014 -- Sports Business Journal
Dan Etna was quoted in Sports Business Journal on NBA Commissioner Adam Silver's recent opinion piece in The New York Times pushing for legalized sports betting and how it may affect how other professional sports leagues position themselves on the issue. “The NBA is very creative in finding ways to maximize its assets, and [Silver] wants to get in front so that the NBA will have the ability to derive revenue from it,” Dan said. “By getting out there, he is going to cause the other leagues to take a position on it sooner rather than later.” He added, "I find it very curious given that the NBA is party to the New Jersey gambling lawsuit. It is kind of Silver double dribbling."
Chris Christie Facing Long Odds in Court Case
November 18, 2014 -- Asbury Park Press
Dan Etna was quoted in an Asbury Park Press story about an upcoming federal court hearing on whether to extend a ban on New Jersey's efforts to legalize betting on professional and college sports. A recent op-ed published by NBA Commissioner Adam Silver that supports wagering on sports "further underscores the inconsistency in the leagues' position," Etna said. "[But] I think anyone looking for Judge Shipp to come to the state's rescue is likely holding a losing hand as he's indicated before that Congress should resolve this issue and not the courts."
So You Want to Buy a Sports Team? Opportunities 'Abbondare' in Italy
November 12, 2014 -- FINalternatives
John Goldman and Bryan Meltzer wrote an article for FINalternatives titled "So You Want to Buy a Sports Team? Opportunities 'Abbondare' in Italy." They recommend that potential investors in sports franchises look past the sky-high valuations of NBA, NHL, MLB and NFL teams and consider Italian soccer clubs. They wrote, "So where can the smart money go to find sports opportunities with significant upside? One league that is gaining attention is Italy's storied Serie A, the country's top professional soccer league. To date, two North American ownership groups have purchased teams in the league, and more might be on the way."
UFC Backs Betting Expansion in U.S.
November 5, 2014 - ESPN
Dan Etna was quoted in an ESPN.com story on the federal lawsuit filed by the NCAA, NBA, NFL, NHL and Major League Baseball to block the state of New Jersey from offering legalized sports betting and the possibility of sports books taking bets on sports not involved in the lawsuit, including golf, soccer, tennis and mixed martial arts. Cited as one of "several legal experts who have been following the case closely," Dan said, "I found it interesting that [the judge] used such a broad brush in applying equitable relief."
Bloomberg Radio: "Taking Stock"
September 4, 2014
Bloomberg Radio interviews Irwin Kishner on his work as legal advisor to the New York Yankees. To listen, click here.
NFL still standing with franchise on name
June 23, 2014 -- Sports Business Journal
Barry Werbin was quoted in the Sports Business Journal article "NFL still standing with franchise on name" (subscription required). In the article, Barry opines on the USPTO Trademark Trial & Appeal Board's cancellation of the Washington Redskins trademark, and the team's prospective use of common law to protect its trademark in the future. He adds that the matter is "also a big political issue, with the NFL having been pressured…by some 49 senators to force the team to change its name. Considering what happened with Sterling's racial remarks and the NBA forcing a sale of the Clippers, we probably are moving more and more to zero tolerance within the leagues respecting race and disparagement."
If She Can Make It Here
January 29, 2014 -- Real Estate Bisnow: New York City Edition
Belinda Schwartz, chair of Herrick's 50-member Real Estate Department, was profiled in the January 28th New York City Real Estate Bisnow article “If She Can Make It Here.” Herrick Executive Committee chairman Irwin Kishner is also noted, as is the firm’s work on the sale of the YES Network to 21st Century Fox.
Herrick Represents The New York Yankees in Multi-Year Broadcast Agreement with CBS Radio
September 16, 2013
Herrick, Feinstein LLP is proud to have represented the New York Yankees in the signing of a multi-year broadcast agreement with CBS RADIO to simulcast Yankees games on WFAN-AM 660 and WFAN-FM 101.9, beginning in 2014. All Yankees regular season and postseason games as well as pregame and postgame shows and a selection of spring training games will be simulcast. The agreement also grants CBS RADIO multi-year Spanish-language broadcast rights.
Herrick, Feinstein Helps Bring Major League Soccer to New York City
June 25, 2013
Herrick, Feinstein LLP is proud to have represented an affiliate of our longtime clients Yankee Global Enterprises, LLC and the New York Yankees in their joint venture effort with the English Premier League’s Manchester City to bring a new Major League Soccer team to New York City. The new team, called New York City Football Club, will begin play in 2015 and will be Major League Soccer’s 20th franchise.
Six Am Law Firms Help Bring Big League Soccer to NYC
May 22, 2013 -- The Am Law Daily
Herrick, Feinstein Chairman Irwin Kishner and Corporate Partner Daniel Etna are noted for advising the New York Yankees in its joint venture with the English Premier League's Manchester City Football Club for the creation of a New York soccer team in 2015, a $100 million deal announced by Major League Soccer.
Idaho Court’s Baseball Rule Balk Could Impact Other Sports
March 28, 2013 -- Law360
In an article about the Idaho Supreme Court's recent decision declining to adopt the so-called baseball rule, which prohibits fans injured by foul balls from suing team and stadium owners for negligence, Herrick, Feinstein Partner Daniel A. Etna is quoted on the impact of the ruling, saying, "I find it very unlikely that this will result in a paradigm shift for sports fan injuries nationwide. It's one out of 50 states, and I think it has to be viewed through that lens."
5 Ways To Hit A Home Run As A Sports Investor
March 14, 2013 -- Business Insider
Irwin Kishner has been quoted in an article re: various investment vehicles in sports. "The most important part is you have to deal with a reputable source when you buy or sell -- someone who can authenticate the item," says Irwin. He went on to note that, "People should only (invest in memorabilia) if they enjoy it," rather than to make money.
Stillman & Friedman, DLA Piper, Hogan: Business of Law
November 21, 2012 -- Bloomberg News
In an article discussing law firm involvement in the News Corp/YES Network deal, Herrick, Feinstein partners involved in the deal as lead counsel to the Yankees are mentioned, including: Irwin Kishner, Richard Morris, Edward Stevenson and Daniel Etna.
News Corp Acquires Major Stake in Yankees’ YES Network
November 20, 2012 -- Law360
In an article about the News Corp/YES Network deal, the Herrick, Feinstein team that represented the Yankees and Yankee Global Enterprises was mentioned, including: Irwin Kishner, Richard Morris, Edward Stevenson, Daniel Etna, Glenn Stein, Matthew Kunkes and David Hoffman.
Seven Am Law 200 Firms in Lineup for Sale of YES Network Stake
November 20, 2012 -- AmLawDaily
In an article detailing law firm involvement in the News Corp/YES Network deal, Herrick, Feinstein partners involved in the deal as lead counsel to the Yankees are mentioned, including: Irwin Kishner, Richard Morris, Edward Stevenson and Daniel Etna.
Hearing in McNamee's defamation suit against Clemens Wednesday
June 26, 2012 -- Newsday
In a story about the revival of Brian McNamee’s defamation lawsuit against Roger Clemens, Herrick, Feinstein’s John Goldman was quoted about the unlikelihood that Clemens would settle out of court saying, “This is the same guy and set of lawyers that took on the government with Clemens' liberty at stake, and they won. I cannot imagine they're going to write a check to McNamee to settle this case."
Why Prosecute the Rocket
May 18, 2012 -- Sports Litigation Alert
The article, “Why Prosecute the Rocket,” by John Goldman was featured in Sports Litigation Alert.
Pettitte's '50-50' recall a problem for Clemens prosecution
May 2, 2012 -- USA Today
Herrick, Feinstein litigation partner John Goldman is quoted on Andy Pettitte’s testimony in the government’s case against Roger Clemens and his alleged use of steroids or HGH. In his analysis of Mr. Pettitte’s testimony, John Goldman notes, "Andy Pettitte seems to have been positioned by the government as a star witness because of his close friendship with Clemens and his prior testimony that Clemens admitted to him in 1999 that Clemens had used HGH.”
Yankees' Pettitte: I may have misunderstood Clemens
May 2, 2012 -- Reuters
The article discusses Andy Pettitte’s testimony in the government’s case against Roger Clemens. John Goldman is quoted in relation to Mr. Pettitte’s testimony, noting that Mr. Pettitte may have “misunderstood” Clemens when they discussed the use of human growth hormone.
Athlete Franchisees Build Fast Food Careers After Sports
March 16, 2012 -- QSR Magazine
Dan Etna is quoted in “Athlete Franchisees Build Fast Food Careers After Sports” which discusses the appeal for athletes in investing in franchises. Dan explains that athletes are routinely pulled into hospitality and entertainment ventures, seeing them as “low-hanging apples on the tree of forbidden fruit” that athletes can’t seem to resist. Dan says that with restaurants, astute athletes see the franchising model as a lower-risk venture—even if franchising limits the individuality they can bring to the business.
Time might be on the side of NBA players
November 22, 2011 -- Sports Business Journal
John Goldman predicts that if labor-related anti-trust litigation between NBA players and the league does not settle, the outcome will not be known for several years. The article says the NBA players may have a stronger case against the league than NFL players would have had against their league. The NBA players' union disbanded, and the players formed a trade association, allowing them to allege that the league violated anti-trust laws.
NFL, union still fighting workers' comp battle
October 31, 2011 -- Sports Business Journal
Irwin Kishner says the NFL appears to be correct in insisting that New Orleans Saints players who signed contracts with clauses that call for them to file workers' compensation claims in Louisiana -- not California -- adhere to the terms of the contract. The dispute is headed for arbitration, with the players hoping to file their claims in the friendlier confines of the California workers' compensation system. This story notes that Irwin wrote an article on this very topic a year ago.
Labor sides find 'deadline' in 8th Circuit ruling
June 20, 2011 -- Sports Business Journal
Analyzing the labor dispute between the NFL and the players' union, John Goldman says the Eighth Circuit U.S. Court of Appeals' stay of a lower-court ruling amounts only to the equivalent of an advisory opinion. John makes his observation in this article, which describes how the two sides are trying to hammer out a new collective-bargaining agreement before the appellate court rules on a key lockout issue.
Third U.S. lacrosse league in the works
May 9, 2011 -- Sports Business Journal
Herrick sports law attorney Matthew Pace, former executive director of Major League Lacrosse, expresses skepticism that a third professional indoor lacrosse league can succeed where the first two have been only marginally successful. Matthew questions whether players from the most prominent college lacrosse programs will want to play for small money.
Judge's decisions on evidence may figure in NFL appeal
May 2, 2011 -- Sports Business Journal
John Goldman says a federal judge's decision to recognize the validity of the NFL players' union's decertification imperils collective bargaining in the professional sports world. He says that fairness to the NFL -- and pro sports leagues in general -- dictates that the union should be held to a higher standard than "simply [saying] 'we don't want to do this.'"
NFL warning sponsors about deals with players trade group
March 27, 2011 -- Sports Business Journal
Barry Werbin says the NFL's and franchises' websites are primarily informational -- and the players public figures -- which means the league is probably on safe ground continuing to use players' likenesses during the lockout. He says he understands the players' ire but says the league's First Amendment rights to disseminate information probably will prevail.
Rogers gets a look at Leafs' books
December 3, 2010 -- The Toronto Star
Irwin Kishner helps examine the possibility that Canadian cable company Rogers Communications, which already owns Major League Baseball's Toronto Blue Jays, would buy a controlling share of Maple Leafs Sports and Entertainment, which owns the NHL's Maple Leafs, NBA's Raptors, a soccer team, a minor league hockey team, and several arenas. He notes that media companies and sports enterprises tend to be a good match, and that locking up a local market is valuable, making a Rogers ownership of MLSE a sensible move.
Poetic ‘wordsmithing’? Teachers’ says it has no ‘firm offer’ for Leafs
December 3, 2010 -- The Toronto Star
A Canadian sports enterprise owner's lukewarm denial that it will sell its holdings -- including teams in the NHL, NBA and professional soccer, and sports venues -- actually reveals little about the owner's plans, Irwin Kishner says. He helps analyze the likelihood that a major Canadian media company is poised to buy one of that nation's premier portfolios of pro sports teams and venues.
Rules To Remember About Investing In Memorabilia
October 18, 2010 -- CNBC.com
Irwin Kishner is quoted in this special section on alternative investing, noting that collectors of sports memorabilia can be divided into two groups: those who collect for the love of the items, and those who collect for possible profit. Among his other observations, Irwin advises the buyers of memorabilia deal with auction houses and other reputable dealers to minimize the chance of fraud, and to be aware of events -- an athlete's death, for instance, or winning a championship -- that could affect the value of some items.
Cuban, Crane want fees on failed Rangers bid
October 11, 2010 -- Sports Business Journal
Gary Eisenberg casts doubt on the likelihood that Mark Cuban and Jim Crane, unsuccessful bankruptcy bidders for the Texas Rangers, will be awarded the aggregate $2.65 million they seek to recover legal fees and other expenses stemming from their failed bid. He says such an award would set a precedent because it would erode creditors' recoveries, which is anathema to bankruptcy court proceedings.
Ready for Action
September 6-12, 2010
Irwin Kishner is quoted in the article "Ready for Action", which appeared in a special New Meadowlands Stadium section of the SportsBusiness Journal. In it, he mentions various projects Herrick's sports law practice is working on, including serving as lead counsel for matters related to the new Yankee Stadium.
Readying for Texas Rangers' Aug. 4 auction
August 2, 2010 -- Sports Business Journal
The three-week time frame between when a bankruptcy judge ordered an auction of the bankrupt Texas Rangers and the date of the auction could mean that a higher bid would have been forthcoming if more time were allowed, Gary Eisenberg says. He notes, however, that bankruptcy judges are not obligated to establish processes that generate the most money, only that they ensure a fair process. Their focus is often on finality, he says in this story about the 16-month saga that began when the team's owner defaulted on his debt.
Another potential Texas Rangers buyer emerges
June 28, 2010 -- Sports Business Journal
Paul Rubin says that the judge's written decision, and the appointment of a chief restructuring officer in the Texas Rangers' bankruptcy, make it difficult to predict who will be the successful bidder for the club.
Todd DuBoef and the Future of Boxing
June 21, 2010 -- SecondsOut.com
Michael Heitner is quoted at length in this profile of Todd DuBoef, an executive with our client Top Rank, the boxing promoter.
Greenberg-Ryan could get $10M breakup fee
June 14, 2010 -- Sports Business Journal
Whether two bidders for the bankrupt Texas Rangers baseball team will get a breakup fee if they don't buy the team -- and how much that fee will be -- will be determined by a bankruptcy judge's view of the bidders' role in setting the price the team eventually fetches, Paul Rubin says. Arguing against a fee -- or at least a full fee -- is the fact that the breakup fee was inserted into the deal just before the club filed for protection, he says, but the judge will view the totality of the bidders' efforts in deciding.
MLB plans to move on Rangers
May 3, 2010 -- Sports Business Journal
On one hand, Major League Baseball wants to see the Texas Rangers sold quickly because the league has been supporting the team's payroll since it defaulted on its loans, Irwin Kishner says. On the other hand, if the creditors force the team into involuntary bankruptcy, the league would lose some of the influence it exerts on the club, creating a quandry for the league, he says.
The Tiger Woods Effect
April 2, 2010 -- Courthouse Confidential -- The NY Times law blog
Scott Mollen discusses his upcoming presentation on how to represent business executives and celebrities who are extortion or blackmail targets, emphasizing that using law enforcement and various investigative techniques can be effective in convincing would-be extortionists and blackmailers to back off.
The Tiger Bubble
March 22, 2010 -- The New York Times Magazine
In this story about Tiger Woods' fall and marketability issues, Matthew Pace advises Woods to limit the conversation to golf issues for the next few years and then re-emerge as a "revived saint, the human Tiger Woods as opposed to the idealized one.”
BCS Under Attack
February 18, 2010 -- Sports Money on Forbes.com's Video Network
Matthew Pace says attempts to get the Department of Justice to investigate and clamp down on the college football bowl system for being anti-competitive are misguided. Matthew says the DOJ should not spend time examining the BCS system, which, although impefect, actually offers more teams more opportunities to play in various post-season bowl games.
Team official foresees success for pro soccer in Phila
January 25, 2010 -- Philadelphia Inquirer
An expansion soccer team's ability to sell 9,000 season tickets -- representing half its stadium's capacity -- several months before its inaugural game is a good sign that the team could succeed, Irwin Kishner says in this story about the Philadelphia Union. Our firm's representation of the New York Yankees and other major and minor league franchises is noted in this story, which measured the team's early season ticket sales against the backdrop of a struggling economy.
Minor league scouts East Valley for team
December 4, 2009 -- Phoenix Business Journal
Matthew Pace says the future of minor league hockey in the United States in bright, in this story about an Arizona-based league's wishes to build a multi-purpose arena and lure two teams to play there.
For stars, high-tech gaffes hard to hide
November 29, 2009 -- Associated Press
Matthew Pace notes that social media -- tweeting, for instance, and posting on Facebook -- are two-edged swords for celebrities, giving them access to their fan base but also potentially harming their images when they post imprudently.
High-def TV luring Americans to NHL
October 27, 2009 -- Toronto Star
Better television reception -- such as high definition TV -- will lure more Americans to watch the sport and increase the possibility that the NHL will land a national broadcast contract, Matthew Pace says in a story that notes that Herrick has a "prominent" sports law practice.
Future decided, Coyotes staff gets to work
October 5, 2009 -- Sports Business Journal
Matthew Pace says the four major professional sports leagues were relieved when a bankruptcy court judge rejected a suitor's bid for the Phoenix Coyotes and, in doing so, upheld the NHL's right to decide who may own franchises and where they may be located.
Cotto, Pacquiao to meet Nov. 14
2009 -- ESPN.com
Michael Heitner is mentioned as Top Rank promoter Bob Arum’s attorney in an article discussing Top Rank's success in finalizing the fight agreement between two of boxing's most popular fighters, Manny Pacquiao and Miguel Cotto. The highly anticipated fight is scheduled to take place in the fall of 2009.
Hicks creditors look for response from NHL
August 17, 2009 -- Sports Business Journal
In a story about how creditors of the Dallas Stars are seeking repayment of loans they made, Irwin Kishner notes that most professional sports leagues' debt policies forbid creditors from taking over franchises in mid-season.
Hamilton hockey quest far from over for persistent RIM co-CEO Balsillie
June 17, 2009 -- The Canadian Press
The NHL's refusal to allow Research In Motion co-CEO Jim Balsillie to buy the Phoenix Coyotes and move them to Canada was all business -- nothing personal -- Matthew Pace says. Matthew reacts here to a bankruptcy judge's ruling that stymies Balsillie's plan and supports the league's position that it has a brand to protect and therefore should control who owns franchises and where they play.
Judge Rules Against Balsillie's Bid To Buy, Relocate Coyotes
June 16, 2009 -- SportsBusiness Daily
Professional sports leagues will celebrate a bankruptcy court judge's ruling that the National Hockey League can restrict who owns its franchises and where they play -- even when the team is in bankruptcy -- Paul Rubin says. In the same story, which covers that ruling and the dispute between the NHL the Phoenix Coyotes over whether businessman Jim Balsillie can buy the team and move it to Canada, Matthew Pace says the ruling springs from the notion that leagues have a right to protect their brand by taking steps that preserve value for all franchises.
Hicks Sports Group’s Problems Date to Last Summer
April 20, 2009 -- Sports Business Journal
Irwin Kishner is quoted in this article about how the Office of the Comptroller of the Currency, before the credit markets imploded, downgraded the debt carried by Hicks Sports Group, signaling that the problems at the financially troubled company predated last month’s loan default.
NFL owners OK opt-out of pension plans
April 13, 2009 -- Sports Business Journal
The National Football League joined mainstream Corporate America when it recently decided to allow teams to cease offering pensions to non-player employees, Gary Young says. The league was an anachronism in offering the pensions, with only government and union employees -- plus those of a few bloated companies, such as GM -- enjoying pension plans.
Stepping Up to the Plate
February 27, 2009 -- The New York Post
This article describes the diversity of upscale restaurants and concession stands that will be available at the new Mets and Yankees stadiums. Although Herrick is not mentioned, we represented the New York Yankees in two separate joint ventures with the Hard Rock Café and a “NY Steak” prime steakhouse restaurant.
Why Chicago Cubs Are Not "Part" Of Tribune Bankruptcy
December 8, 2008 -- CNBC's blog Sports Biz
Paul Rubin tells on-air business-of-sports reporter Darren Rovell, who also blogs on that topic, that a parent corporation can file for bankruptcy without the subsidiary filing. Rovell was examining The Tribune Company's Chapter 11 filing and wondering how the Tribune-owned Chicago Cubs (and their home ballpark, Wrigley Field) could be excluded from the bankruptcy filing and still be for sale.
Despite unrest, Upshaw was still in charge
August 25, 2008 -- Sports Business Journal
Irwin Kishner is quoted in this article on the debate over a successor to NFL Players Association Executive Director Gene Upshaw. The article focuses on the dispute in the months prior to Upshaw's death.
Courtroom Showdown on Madden Images
August 4, 2008 -- Sports Business Journal
Matthew Pace opines on the viability of litigation by retired football players, seeing compensation for having their likenesses used by a video game manufacturer, which claims it distorted the images enough to avoid having to pay.
Unification of Champ Car and Indy Car
May 16, 2008 -- Forbes.com
Matthew Pace is interviewed on the unification of Champ Car and Indy Car and the effect that it will have on car racing in the United States, including the Indianapolis 500.
Dolphins Handoff May Come Quickly
March 3, 2008 -- Sports Business Journal
Michael Kessel is quoted in an article analyzing how owners of professional sports franchises are considering selling now because of a likely upcoming increase in capital gains tax.
Got What It Takes For The ‘Best Job in Sports?'
September 7, 2007 -- Forbes.com
Dan Etna is quoted on the qualities candidates must possess to be considered for CEO positions with professional sports franchises -- in this case, the Green Bay Packers.
Celebrity Endorsement Contracts
August 14, 2007 -- CNBC
Dan Etna appears on CNBC’s “On the Money,” discussing Nike’s suspension of Michael Vick for violating an ethical conduct clause in his contract.
Anatomy of the Bolts Deal
August 8, 2007 -- The Tampa Tribune
Irwin Kishner is quoted in a story that examines the sale of the NHL franchise Tampa Bay Lightning. The story discusses what transpires behind closed doors when buyers and sellers of professional sports franchises negotiate price and terms.
Real Estate Round-Up
July 25, 2007 -- Brooklyn Daily Eagle
Irwin Kisnher is quoted on the regional market for luxury suits at stadiums and arenas, opining that the area would sustain many more than currently exist.
IMG: Company Not Up For Sale
April 23, 2007 -- Sports Business Journal
Irwin Kishner is quoted on private equity's role in the professional sports industry.
Opening Up Their Books
November 6-12, 2006 -- Sports Business Journal
Dan Etna is quoted in the front page article “Opening Up Their Books” on how sports unions have changed the way they report financial information due to new Department of Labor disclosure requirements.
July 16, 2004 -- SecondsOut.com
Mike Heitner is referred to as the "best contract attorney in the business"
Baseball Players' Wills Are Stolen
October 30, 1998 -- Wilmington Delaware News Journal
Irwin Kishner is quoted by Tom Kitchofer in "Baseball Players' Wills Are Stolen" in the Wilmington Delaware News Journal.