Column: No Longer a Man's WorldAugust 15, 2014

“This is a man’s world; this is a man’s world…” It’s a Man’s Man’s Man’s World, by James Brown That may have been the case in 1966, the year James Brown recorded his hit single that reached No. 1 on the Billboard R & B chart. But two recent female hires in the sports world suggest that, almost fifty years later, the world has changed. On July 28 the National Basketball Players Association (NBPA) elected Washington, D.C, attorney Michele Roberts as its new executive director, marking the first time a women has headed up a Major League sports union. A week later the NBA Champion San Antonio Spurs named Becky Hammon, a 16-year veteran of the WNBA, as an assistant coach. The moves were unrelated, except that combined they served to place an exclamation point on the concept of competence over sexual persuasion.

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Column: O'Bannon DecisionAugust 11, 2014

When I first began practicing law, a seasoned attorney gave me some sage advice. He said if the law was on my side, argue the law; if the facts were on my side, argue the facts; if neither the law nor the facts were on my side, pound the table. Apparently, the attorneys representing the NCAA in the Ed O’Bannon case received the same advice as they repeatedly pounded the table throughout the trial in June because they had neither the law nor the facts on their side. Therefore, it was no surprise when presiding Judge Claudia Wilken announced her decision last Friday, a mere six weeks after the conclusion of testimony. And it was even less of a surprise that she found for the plaintiffs, ruling that the NCAA violated federal antitrust laws by restricting student athletes from earning money from their likeness and image rights.

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Column: Orioles & Nats Spar Over Rights FeesAugust 4, 2014

During the recent MLB All-Star Game in Minneapolis Commissioner Bud Selig, in response to a reporter’s question, emphatically said that Montreal would be a viable market for a Major League team. Despite those comments, the odds of MLB returning to Montreal range from slim to non-existent. Selig has made it clear that he is opposed to relocating existing franchises and the league has repeatedly said it has no plans to expand. But Selig has good reason to lament the 2005 move of the Expos to Washington, D.C. where they became the Nationals. In order to facilitate the Expos’ relocation to what the Baltimore Orioles claimed as their territory, MLB and the Nationals were forced to make a number of concessions to Baltimore owner Peter Angelos. The feisty, unpredictable and litigious Angelos threatened to sue MLB until Selig and company sweetened the offer to the point where Angelos couldn’t refuse. One aspect of the resolution included the formation of the Mid-Atlantic Sports Network (MASN) for the purpose of broadcasting both Orioles’ and Nationals’ games.

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Column: Intrigue Surrounding Selig SuccessorJuly 28, 2014

The intrigue surrounding the search for Bud Selig’s successor shows that even successful individuals, usually a prerequisite to owning a Major League sports franchise, can be petty, selfish and subjective. Selig has held the title of baseball commissioner for 22 years, the second longest tenure of any of the sport’s commissioners. At 80 years old, he is determined to step down next January. Selig has been down this road twice before and each time has been persuaded to re-up for an additional term. While some owners have expressed a desire for a three-peat, the commissioner is adamant that this time he means what he says. To emphasize that point, in May he appointed a seven-person search committee and charged them with finding his replacement.

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Column: Rockies Owner Disses FansJuly 21, 2014

It’s obvious that Colorado Rockies’ owner Dick Monfort is stressed and frustrated. His team, which looked like a contender in the spring, recently hit rock bottom in the National League West. But that’s no excuse for the way he’s been treating the team’s fans. Monfort took issue with a fan’s responses on a comment card submitted after the fan attended the Rockies’ Fourth of July game. Rather than reach out to the fan in a positive manner Monfort sent him the following message: “If product and environment that bad, don’t come.” We don’t know what the fan said, but Monfort is the owner of the “product” and the person who controls the fan environment. Therefore, his comments were totally out of line.

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Column: NASCAR Teams Form AllianceJuly 14, 2014

A group of nine team owners representing 25 cars in NASCAR’s premier Sprint Cup series recently announced the formation of the Race Team Alliance (RTA), signaling a potentially seismic change in the sport of stock car racing. The RTA could be the best thing to ever happen to the sport and the worst nightmare for the France family, owners of NASCAR since it was first organized in 1948. Unlike traditional sports where the governing body is run by team owners who elect a commissioner, when Bill France, Sr. formed NASCAR he anointed himself as the benevolent dictator. Although the third generation of the France family now owns NASCAR, little has changed in how the sport operates. NASCAR sanctions races, negotiates national sponsorship and television contracts, disciplines teams and drivers, and makes up the rules of the sport as it goes along. In addition to NASCAR, the France family controls International Speedway Corporation which owns or operates 13 tracks that host 19 of the 36 races that comprise the Sprint Cup schedule.

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Column: Redskins' Name Will Change - SomedayJuly 7, 2014

You’ve got to hand it to Washington Redskins’ owner Dan Snyder. In the face of overwhelming odds, he remains adamant that he will never change his team’s name. The latest blow against the nickname “Redskins” came from the U.S. Patent and Trademark Office (USPTO) when a panel of three judges voted to cancel six of the team’s trademarks. According to the majority in the 2-1 decision, the trademark registrations “…must be canceled because they were disparaging to Native Americans at the respective times they were registered.” That statement smacks of hypocrisy. If the marks were disparaging at the time they were registered, why were the team’s applications approved in the first place?

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Column: First MLB Pitcher to Wear Protective CapJune 30, 2014

San Diego Padres pitcher Alex Torres wasn’t trying to make a fashion statement, he was just trying to protect his head. Torres, a 26-year old lefthander from Venezuela, became the first MLB pitcher to wear a protective cap in a game when he was summoned from the bullpen in the eighth inning of the June 21 game against the Dodgers. The cap is arguably the ugliest item of clothing ever worn on a baseball diamond. A close second might be the softball uniforms worn by the Oakland A’s during the 1970’s at the insistence of maverick owner, Charlie Finley. The new headwear is fitted with energy-diffusing protective plates that create bulges around the sides and front of the cap. It looks awkward, but its looks are no more awkward than its name: isoBox. Not surprisingly, it’s also heavier than the normal baseball cap.

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Column: Emmert Disses Minor League SportsJune 23, 2014

If you want to know why the NCAA is out of touch with the rest of the country all you have to do is look at the testimony delivered by its President, Mark Emmert, during his appearance as a witness in the O’Bannon trial last week. The O’Bannon case is just one of a number of high profile lawsuits that have been filed against the NCAA during the past several years. The suit alleges, among things, that the governing body violates federal anti-trust laws by preventing athletes from selling their image rights to the highest bidder.

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Column: To Sign or Not To SignJune 16, 2014

For most of us, a working career can last upwards of 40 years, into our mid-60’s or beyond. For athletes, a career lasting 10-15 years is the exception. Given that, here’s one athlete’s conundrum. Houston Astros’ first base prospect Jon Singleton was offered a choice: Spend the rest of this season toiling in the minors working for approximately $40,000 and the next three for the Major League minimum, $500,000 (which is effectively the maximum salary). If he makes it that far, he will be eligible for salary arbitration for three years which will boost his salary at least four-fold in the first year, up to ten-fold in the third year. All told, he could earn as much as $10-15 million before he reaches free agency after six years of Major League service when he could auction himself off to the highest bidder.

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