PDF Email Page Print Friendly Page Contact
sports: matters
Summary Professionals Matters News Events Publications
2010
SFF Investments - Joint Venture
Representation of SFF Investments LLC, which is wholly owned by a current All-Pro NFL player, in a joint venture to create a Rolling Stone magazine-branded restaurant/bar/lounge in Hollywood, CA.
Ongoing
Commercial Bank - Sports Lending
Representation of a major U.S. commercial bank in a $400 million syndicated revolving loan facility to a trust established by a major sports league to make further loans to participating clubs. The loan is secured by team revenues from league sponsored TV rights and other revenue sources on a non-cross collateralized team basis.
Ongoing
Pro Sports Franchises - Corporate Matters
Counsel to professional sports franchises in connection with television, cable and radio contracts, credit facilities, acquisitions, advertising and sponsorship contracts and development and naming rights agreements for stadiums and arenas.
2011
Highbridge Capital Management - Los Angeles Dodgers
Representation of Highbridge Capital Management in connection with the Major League Baseball rules and regulations applicable to Highbridge's $60 million interim bankruptcy financing to the Los Angeles Dodgers. We are also advising Highbridge on its proposed long-term $150 million credit facility to the Los Angeles Dodgers.
2011
Israel Discount Bank--Syndicated Credit Facility
Representation of Israel Discount Bank of New York as administrative agent and lender, in connection with a senior secured syndicated credit facility to a triple A minor league baseball team.
2011
New York Yankees—Network Video Distribution
Representation of the New York Yankees in connection with a video distribution agreement between Major League Baseball Advanced Media and the YES Network, the primary broadcaster of New York Yankees games.
2011
Professional Sport Franchise—Reallocation of Corporate Responsibilities
Represented professional sports franchise in connection with reallocation of corporate responsibilities following the formation of new subsidiaries created to achieve certain payroll, insurance and other administrative efficiencies.
2011
Affiliate of National Football League Franchise - Special Counsel
Served as special counsel to affiliate of National Football League franchise in connection with refinancing of its practice facility.
2011
Plainfield Asset Management - Restructuring
Representation of Plainfield in restructuring Bellator Sport Worldwide, LLC—a mixed martial arts promotional company—of which Plainfield was majority owner. As part of the restructuring, Plainfield sold a portion of their equity in Bellator to a new private equity investor and converted its outstanding loans to Bellator into new equity. A major television network purchased a 50% interest in Bellator and agreed to broadcast Bellator’s sporting events on one of the network’s cable channels.
2010
Syndicated Credit Facility - Major U.S. Commercial Bank
Representation of a major U.S. commercial bank as lender in a $200 million bank syndicated club credit facility to one of the major professional sports leagues, the proceeds of which are for working capital and other general corporate purposes.
2010
Syndicated Credit Facility - Major U.S Commercial Bank
Representation of a major U.S. commercial bank as a lender in a senior secured credit facility to the parent company of a NHL franchise. The credit facility consisted of a $55 million revolver and $30 million delayed draw term loan, the proceeds of which were used to acquire the remaining ownership interest in the NHL franchise and for working capital purposes. 
2010
New York Yankee Affiliate - Joint Venture
Representation of a New York Yankees' affiliate in connection with the creation of a joint venture that would seek to build upon the value associated with the marks and other intellectual property rights of the New York Yankees by seeking licensing arrangements for the branding of products within certain designated consumer product categories.
2010
Sports Company - Memorabilia
Representation of company jointly owned by the New York Giants and New York Jets in connection with the entry into a memorabilia sales agreement with Steiner Sports. Under the agreement, Steiner Sports was granted the right to effect sales of stadium seats, signage, field goal netting and other Giants Stadium memorabilia.
2010
New York Yankees - Yankee Stadium College Football Game
Representation of the New York Yankees in connection with the hosting of the first college football game at the new Yankee Stadium, in which the Notre Dame Fighting Irish took on the Army Black Knights on November 10, 2010. Our representation consisted of negotiating and drafting a comprehensive site agreement that addressed a number of complex issues, such as sponsorship rights and the distribution of revenues.
2010
New York Yankees - Army Football Games
Representation of the New York Yankees in connection with a proposed series of college football games in which the Army Black Knights will host games in 2011, 2012, 2014 and 2015 at the new Yankee Stadium.
2010
New York Yankees - Sponsorship Agreements
Representation of the New York Yankees in preparing sponsorship agreements for the 2009 season and beyond for the new Yankee Stadium. The agreements govern the advertising, promotion and product placement rights of the Yankees' new and existing sponsors.
2010
New York Yankees - Yankee Stadium Seating
Representation of the Yankees in the preparation and development of its sales commission plan and policies applicable to its account executives for premium and regular seating at the new Yankees Stadium.
Ongoing
Top Rank Boxing - Broadcast Contract Structure
Representation of Top Rank Boxing in connection with contracts for pay-per-view television revenue and international rights licensing. Herrick attorneys pioneered the contract structure that we continue to apply to practically every major championship boxing program for worldwide telecasts. Concert promoters and venues also turn to us for our help applying the same structure to concerts and other performances.
2010
New York Yankees/Top Rank - Stadium Slugfest
Representation of both Top Rank and the New York Yankees in connection with the Stadium Slugfest event at Yankee stadium. The event featured the Super Welterweight Championship bout between Yuri Foreman and Miguel Cotto. This was the first boxing event at the new Yankee Stadium, which generated a great deal of media coverage and was offered as part of HBO's regular subscription service rather than pay-per-view. We represented Top Rank and the Yankees with respect to the site agreement, and also produced all agreements with the fighters, HBO, the international TV broadcasters and sponsors.
2010
Professional Sports League Team Owner - Dispute
Representation of the majority owner of a major professional sports league team in a dispute before the league's commissioner in which the club's minority owners were seeking to (i) remove our client as chairman of the club and (ii) punitively dilute him through a capital call that he could not satisfy because of liquidity problems. In multiple hearings before the commissioner, we prevailed in convincing the commissioner that the ownership group's operating agreement prohibited the minority owners from either removing the chairman or punitively diluting him.
2010
New York Yankees - Tax Efficient Program
Representation of the New York Yankees in connection with the development of the new Yankee Stadium in helping structure a tax efficient program for premium seating, including luxury suites, involving the negotiation and preparation of license, ticket and food and beverage agreements. This included consideration of complex tax matters. The agreements were typically multi-year, involved substantial financial commitments and required further negotiation on select issues. 
2010
Top Rank - Manny Pacquiao vs. Joshua Clottey
Representation of Top Rank, Inc. in producing principal agreements for the WBO World Welterweight Championship boxing match between Manny Pacquiao vs. Joshua Clottey at the new Cowboys Stadium in Arlington, Texas, and distributed by HBO Pay-Per-View. This first boxing event held at the new stadium drew a record crowd. We handled all agreements with the fighters, the site, HBO PPV, TV broadcasters around the world and sponsors.
2010
Yankee Stadium - New Era Pinstripe Bowl
Representation of an affiliate of the New York Yankees in connection with a new college football bowl game, the New Era Pinstripe Bowl, to be played at Yankee Stadium. The first New Era Pinstripe bowl will feature teams from the Big 12 and the Big East and will be televised by ESPN. We negotiated the telecast agreement, the title sponsorship agreement and the agreements with the Big 12 and Big East Conferences.
2010
Legends Hospitality - Syndicated Credit Facility
Representation of Legends Hospitality, LLC in connection with its senior secured lending facility. Legends Hospitality offers a broad range of sports business services including a focus on operating catering, concessions, retail merchandising and other facility management enterprises for major sports and entertainment facilities.
2010
New York Yankees - License
Representation of the New York Yankees in negotiating an agreement with the Daily News to license the Daily News' historic photo archive of Yankees players and stadium imagery and for the Daily News to be the exclusive provider of historical photos for prominent display in the new stadium.
Ongoing
NY Cosmos
Representation of NY Cosmos in the relaunch of the NY Cosmos Soccer Club and all related business opportunities.
Ongoing
NYSE Euronext, Inc.
Representation of NYSE Euronext in connection with an endorsement deal with PGA Tour golfer Steve Stricker.
2009
Northern Lights Hockey, LLC
Formation of Northern Lights and acquisition of the rights to operate the United States Hockey League Team in Dubuque, Iowa.
2008
Zuffa, LLC (dba Ultimate Fighting Championship)
Representation of UFC in connection with promotional agreements with their fighters.
2010
Foreign Investor - Bid for English Premier League Football Club
Representation of an investment group led by a prominent foreign investor and nationally-recognized sports industry advisor in connection with a potential bid for an English Premier League football club.
2010
Legends Hospitality LLC - Senior Secured Credit Facility
Representation of Legends Hospitality, LLC and Legends Premium Sales, LLC in connection with their senior secured credit facility consisting of a term loan and a revolving credit facility with a letter of credit and swing line subfacilities. Legends Hospitality provides sports and entertainment venues with food, beverage, merchandise and other hospitality services.
2010
Yankee Global Enterprises LLC - Refinancing
Representation of Yankee Global Enterprises LLC in refinancing its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises LLC is a holding company that invests in media and sports related businesses, including the New York Yankees.
2010
Professional Sports Team - Refinancing
Representation of a professional sports team in connection with the refinancing of its senior secured credit facility. The refinanced credit facility consists of a several million dollar term loan and a revolving line of credit component. The refinancing is secured by many different assets owned by the team and other third party approvals.
2010
Regional Sports Network - Credit Facility
We represented a regional sports network in connection with its $450 million credit facility.
2009-2010
Yankee Stadium - In Command on the Field… and Off
There is a lot going on behind the scenes at a stadium during an event, and managing it all is a Herculean task. Unless it's the new Yankee Stadium, in which case you can control it all from a central computer screen. We worked with the Yankees on their agreement with a technology developer that developed software to essentially run Yankee Stadium. The more information you can move, the more efficient your business, and the Yankees became one of the most efficient businesses in sports.
2009
Top Rank - Manny Pacquiao v. Ricky Hatton
Representation of Top Rank in the Manny Pacquiao v. Ricky Hatton welterweight championship bout, MGM Grand, Las Vegas, May 2, 2009, distributed by HBO Pay-Per-View.
2009
Israel Discount Bank - Giants Financing
Representation of Israel Discount Bank as administrative agent and as a lender in amending an existing secured revolving credit facility to New York Football Giants, Inc. to increase the facility's size to $45 million. The loan's proceeds will be used for working capital purposes. 
2009
Legends Hospitality
Representation of Legends Hospitality LLC—a joint venture among the Yankees, Dallas Cowboys and two private equity firms—in setting up business operations (which include running concession services at stadiums, arenas and other large venues), obtaining necessary permits and authorizations in the states in which it will provide these services, including New York, New Jersey, Pennsylvania, Texas and Florida, and protecting its intellectual property rights.
2009
New York Yankees - Sponsorship Agreements
Representation of the New York Yankees Partnership in drafting and negotiating sponsorship agreements for the new Yankee Stadium. Two notable sponsors include Standard Parking, the parking garage operator around the new stadium, and Toyota.
2009
Yankees Collectibles - Memorabilia Auction
Representation of the New York Yankees Partnership in the acquisition from the City of New York of the Old Yankee Stadium seats and bleachers and the agreement with DEMCO, providing for the removal and restoration of such items. Integral to these transactions is the Yankees' joint venture with Steiner Sports to market and sell these and other Yankees-owned memorabilia and collectibles from the old Yankee Stadium. The transaction also involved establishing a Yankees Memorabilia Store at the new Yankees Stadium. The store is a venture of Legends Hospitality, NYYP and Steiner Sports.
2009
Emmes Asset Management - Acquisition and Financing
Representation of Emmes Asset Management Company in connection with a joint venture with the investment arm of a major university system and the $100M+ acquisition of a prominent Class A office building in Irvine, CA.  The transaction also included a multi-million dollar investment by a Japanese corporation investing in U.S. property for the first time.
2009
Legends Hospitality - Yankees and Cowboys Joint Venture
Representation of the New York Yankees in the ground-breaking "Legends Hospitality Management LLC" joint business venture between the Yankees and the Dallas Cowboys, which will operate the catering, concessions and retail merchandising at both new stadiums.
2008
Yankees Stadium - Hard Rock Café Deal
Representation of the New York Yankees and its affiliates in two separate joint ventures with the Hard Rock Café. The Hard Rock Café and a newly branded "NY Steak" prime steakhouse restaurant will open in an area adjacent to right field at the new Yankee Stadium.
2009
Top Rank - Television Deal
Representation of Top Rank, Inc. in negotiating and concluding an agreement for Fox Sports to televise a new boxing series, "Top Rank Live." The series features fight cards from around the U.S. and Mexico three times per month on Fox Sports en Español, with at least one event per month being carried by Fox Sports Net and its regional sports network affiliates.
Ongoing
Sports Representation Group - General Outside Counsel
General and strategic counseling to a sports representation group specializing in hockey.
Ongoing
New York Yankees - New Stadium Wireless Lease Agreements
Representation of the New York Yankees in their lease agreements with wireless carriers in the new Yankee stadium.
2008
Yankee Stadium - Exclusive Telecom Provider
Representation of the Yankee’s affiliate in its agreements with AT&T to provide and support the new stadium’s telecommunications services and network system. AT&T will provide telephone, Internet and Wi-Fi services, provide all the necessary equipment, and build and maintain a custom network. The deal will also drive revenues to the company through end-user usage fees and by enhancing fans’ experience.
2008
Top Rank - Miguel Cotto v. Antonio Margarito
Representation of Top Rank in the Miguel Cotto v. Antonio Margarito WBA welterweight championship, MGM Grand, Las Vegas, July 26, 2008, distributed by HBO Pay-Per-View Telecast.
2008
Top Rank - Manny Pacquiao v. David Diaz
Representation of Top Rank in the Manny Pacquiao v. David Diaz WBC lightweight championship bout, Mandalay Bay Resort & Casino, Las Vegas, June 28, 2008, distributed by HBO Pay-Per-View Telecast.
2008
Top Rank - Kelly Pavlik v. Gary Lockett
Representation of Top Rank in the Kelly Pavlik v. Gary Lockett WBC/WBO middleweight championship bout, Boardwalk Hall, Atlantic City, June 7, 2008, distributed by HBO Championship Boxing.
2008
Top Rank - Kelly Pavlik v. Jermain Taylor II
Representation of Top Rank in the Kelly Pavlik v. Jermain Taylor II 12-round middleweight bout.
2007
Sports Technologies - Joint Venture with Sports Illustrated
Outside general counsel to a joint venture between Sports Technologies, Sports Illustrated and Time Inc. Interactive. The joint venture was formed in connection with the sale of FanNation.com to Sports Illustrated to develop other related properties and technologies.
Ongoing
Sports Franchises - Aircraft Charters
Representation of a number of professional sports franchises in negotiating their aircraft charter contracts and aircraft acquisitions.
2007
SportsNet New York - Term Loan Facility
Representation of a major regional sports network in a $200 million syndicated term loan facility and related joint venture matters with its two major cable television joint venture partners.
2007
Professional Sports Franchise Affiliates - Stadium Financings
Advice to affiliates of National Football League franchises regarding financing issues for the construction of new stadium.
2007
Major League Hockey Enterprise - Real Time Scoring and Video Systems
Representation of a major league hockey enterprise in negotiating new real time scoring and video delivery systems. Herrick helped craft a series of creative technology deals that will enable the league to pull live video and real-time game video, audio, and statistical data and feed it back to a central hub for distribution in real time to other arenas, broadcasters, websites, cell phones, and wherever else the league can capitalize on that content.
2007
Major League Baseball Team - Private Placement
Representation of a Major League Baseball team in a private placement of $41 million of variable rate senior notes.
2007
Major League Baseball Franchises - Lending and Debt Restructuring
Representation of several Major League Baseball franchises in a variety of lending and debt restructuring matters, including a $120 million loan payoff, a $40 million restructuring, a $45 million term loan, and a unique $55 million mezzanine facility.
2007
R6 Capital Management - PIK Loan
Representation of R6 Capital Management L.P. in a $15 million PIK loan to Sports Capital Holdings (St. Louis) LLC, the owner of the St. Louis Blues Hockey Club. The loan, which is fully subordinated to a syndicated revolver and term loan, required the consent of the National Hockey League and the lenders under the senior syndicated facilities.
2006
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
2005 - 2006
Agent Banks - Secured Facility and New Stadium Financing
Representation of two agent banks in connection with a $225 million facility for the owner of a leading Major League Baseball franchise. The facility is secured by a pledge of 99% of the equity interest in the franchise holder. We later represented the agent banks in connection with granting the required consent for the financing of a new stadium for the team.
2005
New York Yankees - Online Sweepstakes
Representation of the New York Yankees in two online sweepstakes in conjunction with a major electronics corporation, including drafting the sweepstakes official rules and winners' affidavits and assisting with the bonding/security requirements.
2004
Sports Company - Billion-Dollar Reorganization
Counsel to a premier integrated sports and media company in its billion-dollar ownership reorganization and restructuring.
2001
Sports TV Network - Formation
Formation and organization of a high profile, 24-hour cable sports television network.