K&C Sports & Entertainment Law Weekly Roundup (April 28, 2023)

Sports:

• The National Basketball Association (NBA) and National Basketball Players Association (NBPA) voted to officially ratify the new seven-year collective bargaining agreement (CBA) that had been tentatively approved by the two parties at the beginning of April – NBA, NBPA ratify new collective bargaining agreement | Reuters
• Already well entrenched in the “mogul” category, Tiger Woods will continue the expansion of his enterprise in partnership with Justin Timberlake on a massive land development project in South Florida – Massive Tiger Woods news announced (thecomeback.com)
• New York’s highest court ruled in favor of Major League Baseball’s (MLB) Washington Nationals in a several yearslong battle with the Baltimore Orioles over annual telecast rights payouts from Mid-Atlantic Sports Network (MASN), affirming a lower court’s judgment awarding the Nationals $105 million – Court sides with Nationals in MASN fee dispute with Orioles | AP News
• Ime Udoka, the former Boston Celtics head coach suspended last summer in connection with an investigation into an improper relationship with a female staffer, was hired to be the head coach the Houston Rockets – Houston Rockets Introduce Coach Ime Udoka – The New York Times (nytimes.com)
• The upcoming health care fraud trial of two retired NBA players that was slated to begin in May has been delayed from until November after defense attorneys flagged timing conflicts and their ongoing struggles navigating an unfamiliar e-discovery platform – NBA Retirees’ Health Fraud Trial Pushed To November – Law360
• A federal district judge in New York preliminarily approved a proposed $95 million judicial settlement agreement for investors in Mexican television network Grupo Televisa SAB who claim they were hurt after the company bribed a FIFA official – Mexico’s Televisa reaches $95 mln investor settlement over FIFA bribery role | Reuters
• In the latest FIFA corruption trial, the former CEO of Fox International Channels asked a New York federal judge to erase his money laundering and wire fraud convictions, arguing that U.S. federal prosecutors failed to show that anyone at South American soccer confederation, CONMEBOL, was unaware of the bribery of its executives – Ex-Fox Exec Seeks Acquittal Following FIFA Bribery Trial – Law360
• In more U.S. litigation involving the world governing body of soccer, the contentious antitrust suit targeting FIFA and the U.S. Soccer Federation (USSF) will remain in New York after the Second Circuit denied FIFA’s bid to reconsider a decision that gave New York courts jurisdiction over the litigation – FIFA Antitrust Fight Will Stay In NY As Rehearing Bid Sputters – Law360
• The National Football League (NFL) argued in a New York federal court that former head coach of the NFL’s Miami Dolphins, Brian Flores, was bound by his contracts to coach teams in the NFL and was, therefore, bound by those contracts’ arbitration clauses, regardless of his claims that their enforcement powers are “illusory” – NFL Says Flores Is Trying To ‘Rewrite’ Contracts In Bias Suit – Law360
• After the Supreme Court declined to hear the case in early April, WVA and co-defendants in the challenge to West Virginia’s transgender school sports ban told the Fourth Circuit that only “biological sex” is protected by the U.S. Constitution and Title IX, not gender identity, asking the court to uphold a lower court’s decision in the state’s favor – Va. Tells 4th Circ. Transgender Sports Ban Is Constitutional – Law360
• A federal judge in Florida declined to dismiss a suit accusing the U.S. Tennis Association (USTA) of failing to prevent a coach from sexually assaulting pro tennis player Kylie McKenzie, saying she plausibly alleged the sport’s national governing body knew the coach had a history of sexual assault – Tennis Org Must Face Pro Player’s Sexual Assault Claims – Law360
• The lead plaintiff in a proposed class action accusing the NCAA of discriminating against athletes at Historically Black Colleges and Universities (HBCUs) has amended his complaint in an Indiana federal court, clarifying who was allegedly harmed by the organization’s postseason bans related to academic performance and bolstering his claims that the NCAA’s punishments violated its agreements with the athletes – Ex-HBCU Athlete Clarifies Class In Bias Suit Against NCAA – Law360
• Yahoo has acquired peer-to-peer sports betting app Wagr, which Yahoo believes will help accelerate Yahoo Sports’ efforts to “create and deliver the most compelling fantasy and gaming products” – Yahoo Acquires Wagr, Unlocking Opportunities in Social Gaming for Yahoo Sports
• University of California (USC) quarterback Caleb Williams may have another year of college football before he will be eligible for the NFL draft, but the Heisman Trophy winner inked new NIL Deal with Neutrogena to add to his current deals with Athletic Brewing Company, A&T, Beats by Dre, Fanatics, and others – Caleb Williams signs absolutely huge NIL deal (thecomeback.com)
• Starting quarterback for the NFL’s L.A. Chargers, Justin Herbert, signed a new endorsement deal with Callaway Golf to become the golf company’s newest ambassador – Callaway’s latest staffer isn’t a tour pro but a star NFL quarterback | Golf Equipment: Clubs, Balls, Bags | Golf Digest
• NFL’s Tennessee Titans secured $760 million in local public funding to add to the state’s already committed financing of $500 million for a combined $1.2 billion representing the record for the largest public financing amount for a new stadium – Titans to get $760M in city bonds as part of record stadium funding – ESPN
• Spanish football giant, F.C. Barcelona has secured $1.5 billion in private financing to revamp and expand its historic stadium, Camp Nou, with plans to take the stadium’s capacity from 99,000 up to 105,000 – Barcelona secure €1.5bn in funds to begin Camp Nou remodel – ESPN

Entertainment:

• The copyright trial over whether Ed Sheeran’s song “Thinking Out Loud” infringed the copyrights of Marvin Gaye’s “Let’s Get It On” began in New York with the singer/songwriter’s testimony even including a performance in court; the trial involves some novel particularities of copyright law despite a sharp increase in musical copyright litigation over the past decade – Did Ed Sheeran hit pilfer Marvin Gaye classic? Trial to tell | AP News
• The estate of a Parliament-Funkadelic band member scored a preliminary win in a copyright suit lodged against recording labels like Sony Music and Universal Music Group over purportedly wrongfully withheld royalties when a Michigan federal judge found claims not to be time-barred and refused to dismiss the suit – Court Won’t Ax Parliament-Funkadelic Music Copyright Feud – Law360
• United Kingdom regulators blocked Microsoft’s proposed acquisition of video game company Activision Blizzard, citing concerns about monopolizing competition in the explosively growing industry of online gaming – UK blocks Microsoft’s $69 billion Activision deal over cloud gaming concerns | Reuters
• Grammy winning artist and member of the Fugees, Pras Michel was convicted on 10 federal criminal charges that include conspiracy, witness tampering, and failing to register as an agent of China; he awaits sentencing while his legal counsel appeals the verdict, but he faces up to 20 years in prison – Former Fugees member Pras Michel convicted in foreign influence case : NPR
• The ongoing battle between Walt Disney Company and Florida Governor Ron DeSantis escalated when Disney filed a lawsuit against DeSantis over his takeover of the theme park district, claiming the governor engaged in a “targeted campaign of government retaliation” because of the corporation’s opposition to state legislation that critics call the “Don’t Say Gay” law; Disney alleges the takeover and decisions taken by a monitoring board appointed by DeSantis violate the company’s free speech rights – Disney sues DeSantis, calling park takeover ‘retaliation’ | AP News