Matters

Lelands – Roberto Clemente Baseball Card Collection

Represented Lelands in pursuing monetary damages in a breach of contract action concerning a collector's sale of a $500,000 Roberto Clemente baseball card collection.

Legends Hospitality – Los Angeles FC Concessions Agreement

Represented Legends Hospitality in a joint venture with Major League Soccer’s Los Angeles FC to provide concessions services at the team’s new 22,000-seat soccer stadium.

Sterling Equities – Syracuse Chiefs Acquisition

Represented Sterling Equities in the purchase of the Syracuse Chiefs, a Triple-A baseball team in Syracuse, New York.

Investor – Venezia FC Acquisition

Represented sports investor Joe Tacopina in franchise acquisition and ownership matters, including negotiating and structuring his exit as president and co-owner of the Italian soccer club Bologna F.C. 1909, and his ensuing acquisition of Venezia F.C.

Top Rank – Martinez v. Lomachenko and Verdego v. Martinez

Represented Top Rank in the June 11 Rocky Martinez v. Vasyl Lomachenko super featherweight championship bout and the Felix Verdejo v. Juan Martinez lightweight championship bout at Madison Square Garden. Both matches were distributed by HBO.

Top Rank – Manny Pacquiao vs. Jessie Vargas

Represented Top Rank in all television license agreements with U.S., Canadian and Puerto Rican pay-per-view and closed-circuit television distributors and exhibitors, as well as all international licensing agreements for the November 5 world welterweight championship between Manny Pacquiao and Jessie Vargas, held at the Thomas & Mack Center in Las Vegas.

Q4 America – Sports Apparel Startup

Representing Q4 America, a Los Angeles-based start-up performance basketball brand, in intellectual property matters related to the development of a new brand of sneakers, sponsorships, athlete endorsements and capital raises.

Yankee Global Enterprises – 21st Century Fox Acquisition of YES Network

Represented the New York Yankees and Yankee Global Enterprises in 21st Century Fox's multi-billion dollar acquisition of a majority stake in the Yankees Entertainment and Sports Network (YES Network). The two-step acquisition raised 21st Century Fox's ownership position in the regional sports network to 80 per cent. The remaining 20 per cent stake continues to be held by Yankee Global Enterprises.

Dallas Cowboys Affiliate – New Media Platform

Represented Blue Star Operations Services, an affiliate of the Dallas Cowboys, in building out their new media platform.

$625 Million Secured Term Loan Facility

Represented a leading regional sports network, as borrower, in amending and restating its senior secured term loan facility into a $625 million term loan facility. The proceeds were used for working capital purposes

Regional Sports Network – $24 Million Equipment Lease Financing

Represented a leading regional sports network in a $24 million equipment lease financing facility provided by Banc of America Leasing & Capital and in a subsequent amendment to the facility. 

Major League Sports Team – Dismissal of False Advertising Class Action

Successful defense of a major league professional sports team, obtaining pre-motion dismissal of all claims in a high-profile putative class action alleging deceptive trade practices and false advertising in connection with a very large sale of memorabilia.

New York Racing Association – Integrity Counsel

Representing New York Racing Association (NYRA), in assisting NYRA’s Board of Directors and management in ensuring that NYRA, its officers, employees and operations comply with New York’s Racing, Pari-Mutuel Wagering and Breeding Law §206(5), and AML and Patriot Act concerns. We also assist NYRA on corporate and tax-related matters.

Legends Hospitality – One World Observatory IP Rights

Represented Legends Hospitality in the review, assessment and protection of intellectual property rights in various unique One World Observatory visitor installations, including the Sky Pod elevators, the See Forever Theater and the City Pulse interactive display.

Legends Hospitality – DraftKings Investment

Represented Legends Hospitality in its equity investment in DraftKings, a leading provider of daily fantasy sports contest services.

Legends Hospitality – Live Nation Strategic Partnership

Represented Legends Hospitality in a major strategic partnership with Live Nation to provide concession services at 34 of Live Nation's music venues in North America. The partnership represents one of the largest venue food and beverage contracts in history.

Sports Investor – Lexington Legends MiLB Acquisition

Represented a sports investor in the acquisition of the Kansas City Royals' Class A affiliate Lexington Legends, and the team's home stadium, Whitaker Bank Ballpark.

Baseball Franchise – Term Loan Facility

Represented a major league baseball franchise in a $4 million unsecured term loan facility provided by a national bank. The proceeds will be used to pay various fees and expenses related to the facility and to finance certain projects.

Yankee Global Enterprises – Compensation Plans

Represented Yankee Global Enterprises in the establishment of executive compensation plans.

Sports Investor Group – Buffalo Bills Acquisition Bid

Represented a final round bidder, a consortium of high-net-worth individuals and institutional investors, in the proposed acquisition of the National Football League's Buffalo Bills, and in related stadium issues and compliance matters with the NFL constitution.

New York Yankees – BOC SPE Analysis

Analysis of MLB league-wide proposal to provide the Office of the Commissioner of Baseball with greater oversight and involvement in MLB team bankruptcy and other insolvency proceedings.

New York City FC – Soccer Stadium Development

Represented an affiliate of New York City Football Club in a memorandum of understanding with the City of New York for the financing, development and construction of a new soccer stadium.

Top Rank – Manny Pacquiao v. Chris Algieri

Represented Top Rank in the HBO Pay-Per-View worldwide promotion of the Manny Pacquiao v. Chris Algieri world championship title bout held November 22, 2014 at the Cotai Arena in Macau, China.

Legends Hospitality – New Technology Investment

Represented Legends Hospitality in a proposed investment in software that consolidates sports franchise data.

World Freerunning & Parkour – Internal Restructuring

Represented World Freerunning & Parkour Federation in internal restructuring and in providing general corporate advice.

Syndicated Lender – $1.4 Billion NHL Credit Facility

Represented a national bank, as syndicate lender, in the NHL league-wide credit facilities consisting of a $990 million senior secured revolving credit facility and a $410 million delayed draw secured term loan facility.

Sterling Equities – Formation of Brooklyn Bolts FXFL Team

Represented Sterling Equities in the joint venture formation of the Brooklyn Bolts, one of four teams in the new Fall Experimental Football League ("FXFL"). The FXFL is a professional football league which serves as a developmental platform for players, coaches and referees.

Major League Baseball Franchise – Senior Secured Credit Facility

Represented a major league baseball franchise in a $250 million senior secured credit facility consisting of a $200 million league term loan facility and a $50 million revolving credit facility. The proceeds were used to make a dividend payment to parent to repay existing facility and to pay fees and expenses.

Foreign Sports Investor – Bid for English Premier League Club

Represented 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.

Champions League – Formation of Basketball League for Ex-NBA Players

Represented Champions League, Inc., in the formation and organization of a new basketball league featuring former NBA players, including league structuring, antitrust, ownership, securities law and franchise law issues, and the sale of the initial franchises.

New York City FC – Radio Broadcast Agreement

Represented New York City Football Club in a multi-year radio license with CBS Radio to broadcast the team's matches on WFAN 660 AM / 101.9 FM.

Sports Franchise – Bankruptcy Counterparty

Represented a major league baseball franchise as counterparty to an advertising agreement and suite license agreement with debtor in connection with the chapter 11 bankruptcy cases of Caesars Entertainment Operating Company, Inc. and its affiliated debtors.

Top Rank – Sony Playstation 4 Sponsorship

Represented Top Rank in SONY Computer Entertainment's sponsorship of Top Rank's pay-per-view boxing programs. The sponsorship will give the Sony PlayStation 4 brand prominent placement at Top Rank's internationally televised matches, beginning with the April 12, 2014 Manny Pacquiao vs. Timothy Bradley rematch at the MGM Grand Garden Arena in Las Vegas.

Top Rank – Miguel Cotto v. Sergio Martinez

Represented Top Rank in the Miguel Cotto v. Sergio Martinez sellout world middleweight championship title bout held June 7, 2014 at Madison Square Garden in New York City. The match was telecast throughout the US on HBO pay-per-view and viewed worldwide on numerous networks.

Yankee Global Enterprises Affiliate – New York City FC

Represented an affiliate of Yankee Global Enterprises, LLC and the New York Yankees in their joint venture with Manchester City to create New York City FC, Major League Soccer's 20th franchise.

Sports Investor Group – San Diego Padres Acquisition Bid

Represented a sports investor group, which included a former Major League Baseball All-Star, in a bid to acquire the San Diego Padres.

Sports Franchise – Arbitration Award Enforcement

Represented a major sports franchise in obtaining a judgment confirming an arbitration award for breach of contract against a season ticket holder.

Major League Baseball Franchise – Contract Dispute

Obtained summary judgment, including dismissal of all claims and recovery on counterclaim for breach of contract, on the district court level on behalf a Major League Baseball franchise in a contract dispute involving advertising and sponsorship rights, and protected judgment on appeal to the Second Circuit.

Yankee Global Enterprises – NYY Steakhouse

Represented Yankee Global Enterprises in connection with the opening of a NYY Steakhouse in Times Square. The NYY Steakhouse brand is a joint venture partnership between the New York Yankees and Hard Rock International.

Yankee Global Enterprises – Scranton/Wilkes-Barre Triple A Acquisition

Represented Yankee Global Enterprises and affiliates in the acquisition of franchise rights for the New York Yankees minor league Triple A affiliate based in Scranton/Wilkes-Barre.

Top Rank – Telecast Contracts

Represented Top Rank Inc. in contracting with athletes, arenas and broadcasters for hundreds of high-profile championship bouts. Herrick attorneys pioneered the contract structure that we continue to apply to championship boxing programs around the world. Promoters and venues also turn to us for our help applying the same structure to concerts and performances.

Top Rank – Julio Cesar Chavez v. Sergio Martinez WBC

Represented Top Rank in the Julio Cesar Chavez v. Sergio Martinez WBC middleweight championship bout held September 15, 2012 at the Thomas & Mack Center in Las Vegas and telecast on HBO pay-per-view.

Regional Sports Network – $250 Million High-Yield Note Offering

Represented a leading regional sports network and franchise in the issuance of $250 million high-yield note offering.

Regional Sports Network – $630 Million Credit Facility

Represented a leading regional sports network and franchise in the negotiation and closing of $630 million senior secured credit facility.

Highbridge Capital Management – Los Angeles Dodgers Financing

Advised Highbridge Capital Management regarding the rules and regulations applicable to Highbridge's $60 million interim bankruptcy financing to the Los Angeles Dodgers. We also advised Highbridge on its proposed long-term $150 million credit facility to the Los Angeles Dodgers.

$400 Million Syndicated Revolving Loan Facility

Represented a 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.

Professional Sport Franchise – Reallocation of Corporate Responsibilities

Represented a professional sports franchise in reallocation of corporate responsibilities following the formation of new subsidiaries created to achieve certain payroll, insurance and other administrative efficiencies.

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.

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.