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

Entertainment:

• U.S. Senators Joe Manchin (D-W.V.) and Tommy Tuberville (R-Ala., also former Auburn University head football coach) introduced a long-awaited bipartisan bill regarding name, image, and likeness (NIL) rights and other college sports issues. The legislation, called the “Protecting Athletes, Schools and Sports Act,” includes the creation of a national public registry to record and track NIL deals, enhanced healthcare coverage for both current and former college athletes and strict rules regarding athletes’ usage of the transfer portal – Sens. Manchin, Tuberville introduce NIL bill with transfer restrictions, registry of deals – The Athletic
• Soccer/football agents lost an appeal to block new FIFA Agent Regulations that would cap their transfer commissions and introduce exams to secure a license after the Court of Arbitration for Sport (CAS) ruled in FIFA’s favour. The Zurich, Switzerland based Professional Football Agents Association (PROFAA) submitted the appeal to CAS, sport’s highest court, in Switzerland after FIFA introduced a new regulatory framework in January that will come into force on October 1, 2023 – FIFA welcomes CAS decision on FIFA Football Agent Regulations
• Joe Lewis, the Billionaire United Kingdom real estate investor and owner of Tottenham Hotspur Football Club, has been charged by the U.S. Securities and Exchange Commission (SEC) with 19 criminal counts, including securities fraud and conspiracy, for allegedly sharing non-public information and providing financial assistance to engage in insider trading. US federal prosecutors claim Lewis and his associates collectively made millions by using stolen information about companies, including favorable results from clinical trials, over an eight-year period – Tottenham Hotspur Owner Joe Lewis Is Charged in U.S. With Insider Trading – The New York Times (nytimes.com)
• S. Senate Finance Chair Ron Wyden introduced legislation that would revoke the PGA Tour’s tax exemption and deem the Saudi Public Investment Fund ineligible for a tax break that applies to sovereign wealth funds – Sports League Tax-Exempt Status Limitation Act One-Pager (senate.gov)
• A blockchain and web3 infrastructure company sued NBA star Zion Williamson of the New Orleans Pelicans and his family members in Louisiana federal court after they allegedly failed to fully repay a $2 million oral loan agreement the business gave the NBA player while the parties explored a branding partnership – Pelicans Star Williamson, Family Sued Over $2M Unpaid Loan – Law360

Entertainment:

• The Eleventh Circuit declined to revive a copyright lawsuit brought by a former member of the 1970’s group KC and the Sunshine Band against ex-bandmate Harry Wayne Casey, saying that challenging Casey’s statute of limitations defense as time-barred isn’t a workaround to get authorship rights back – 11th Circ. Says Disco Bassist Can’t Protest Expired IP Defense – Law360
• Culinary and bartenders’ unions signed an agreement with MSG Las Vegas LLC to give workers the right to decide whether they want to unionize at Sphere, an estimated $2 billion “next generation” entertainment venue seating 18,000 that’s slated to open in the fall – MSG Las Vegas Inks Deal With Unions Over New $2B Venue – Law360