Sports Law Roundup – 9/8/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Athlete advisor fraud: In February, Brian J. Ourand, who worked as a financial advisor to athletes, including Mike Tyson and Glen Rice, admitted stealing over $1 million from his clients and pleaded guilty to federal wire fraud charges. On Wednesday, a federal trial judge sentenced Ourand to thirty-three months in prison, less than the thirty-seven months federal prosecutors requested, but more than the year (plus some home confinement) Ourand sought.
  • Radio host ticket fraud: Earlier on Wednesday, FBI agents arrested Craig Carton, who cohosts WFAN’s (New York City) morning sports talk program with former NFL quarterback Boomer Esiason, on fraud charges based on allegations that Carton was operating an event-ticket scam. According to federal prosecutors, Carton induced investors to fund a concert ticket resale venture by claiming that he had special access to purchase the tickets when, in fact, he did not. Carton and an associate instead used the investors’ money for themselves, including to repay casino debts and some initial investors in a Ponzi-style arrangement.
  • Rockets sold: Tilman Fertitta bought the Houston Rockets on Tuesday for $2.2 billion. Fertitta, a Houstonian, is the owner of Landry’s, Inc., a corporation that owns restaurants and other commercial properties including Bubba Gump Shrimp Company, the Golden Nugget casino, and multiple aquariums in Texas, Colorado, and Tennessee, among many other things. Microsoft CEO Steve Ballmer set the previous record for the purchase price of an NBA franchise when he bought the Los Angeles Clippers for $2 billion.
  • NFL sanction standards: In light of the ongoing Ezekiel Elliot saga, PFT’s Mike Florio (who, people forget, is a lawyer) penned an essay on the NFL’s low standard of proof used in determining violations of its personal conduct policy, which concludes: “As long as the league has the power to impose discipline based on the very lowest legal standard of proof, any player who finds himself under scrutiny had better be able to show that there is no credible evidence of any kind that could be viewed in any way as suggesting that he has any responsibility for anything that happened.”

Sports court is in recess.

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Frank Deford’s final public words

Almost fifteen years ago, I attended a public lecture by Frank Deford, who applied his winding wit and signature vocal timbre to the athletic matters of the day: drugs, collegiate sports, and, of course, soccer culture, his great nemesis. At that time, in the fall of 2004, I probably was as far as I have been from the person who would later start a sports-focused website, but I knew well Deford’s voice through his NPR essays, which he began delivering in 1980, and didn’t want to miss the opportunity to meet one of the greats in person. Knowing him only from his radio work, Deford’s striking physical presence, upon seeing him for the first time, immediately both impressed and made exact sense; the vocal and corporeal likely never have been more perfectly combined.

His authority in the field was obvious, but it wasn’t until later that I would discover the source of that authority: his print work, including a trove of articles for Sports Illustrated, where he started after graduating from Princeton in 1962, and, arguably even more influentially, his role as editor-in-chief of The National Sports Daily, the forefather to the more recently revered Grantland. Deford also wrote for Vanity Fair and Newsweek, produced novels and screenplays, and contributed to CNN and HBO’s Real Sports.    Continue reading

Belated welcome to the 2016 NFL season

We probably aren’t going to have weekly wrapups this season, but I am kicking myself for forgetting to post this 2016 NFL season introduction. Even though Week 1’s already in the books (go Lions), this is too good not to share:

Continue reading

How to watch and listen to Super Bowl 50

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It’s almost time for the Super Bowl! Kickoff for Big Game Fifty is at 6:30 pm Eastern on Sunday, and, as further explained in my latest post at TechGraphs, you can watch it on your television, for free online, and streaming on certain mobile devices. You also can hear it on conventional and satellite radio. In addition, comedy duo Key & Peele will be running a live, unauthorized commentary stream during the game.

All of the details are in the full post here.

Mike Leach officially ushers in the 2015 college football season

College football returns in less than two weeks, which means it’s time to check in with one of our favorites, Mike Leach. Thankfully, the Washington State head coach dropped by the Jim Rome Show– the place where I first heard him years ago– yesterday for a classic interview. Take a listen:

And for you readers, here‘s the textual recapitulation on Rome’s website.

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How to view the Belmont Stakes

Our horse racing coverage has been derelict this year, which is inexcusable, particularly in light of American Pharoah’s chance to score a historic Triple Crown win tomorrow night at Belmont Park. To make it up to you, the very least I could do is tell you when and how you can watch (or listen to!) the Belmont Stakes, which runs Saturday night at about 6:50 pm, and the very least is what I have done.

For only the barest of bones Belmont Stakes preview, gallop, don’t trot, over to my post at TechGraphs.

Mike & Mike at Fifteen

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ESPN Radio’s national morning show, Mike & Mike, turns fifteen on Friday, and the guys were kind enough to send some of their fans a gift basket as a way to say thanks for tuning in. Fifteen years is a long time to hold down a national morning radio talk show, and it’s better to start out broadcasting from a supply closet than to end up in one. I can say this about Mike & Mike: you wouldn’t be reading this website without them. Would I write that if we hadn’t just received six pounds of apparel, signed photographs, flavored popcorn, and enough Notre Dame cookies to make me look like Golic? Sure would. Has our coverage of the Worldwide Leader been tainted by the free copies of ESPN The Magazine that started appearing outside our door a couple years ago? Sure hasn’t. (Judge for yourself.) More than cookies, clean laundry, and magazines, though, all I really want from ESPN is for them to bring back the original Mike & Mike theme song (I’ll mail you a cookie if you can find it online), and maybe be a little kinder to Detroit.

The selfishness of Colin Cowherd’s critique of Dan Patrick

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For reasons known, if at all, only to him, ESPN Radio’s Colin Cowherd wrapped up his Super Bowl coverage by taking a shot across the bow of former ESPN personality Dan Patrick:

Dan Patrick doesn’t work as hard as Jim Rome. Not even close. . . . Patrick needs thirty-five producers to fill a segment. Rome doesn’t. Bayless doesn’t. I don’t.

Cowherd is hardly a moral standard-bearer in this space, and his comments, like most of the things he says that garner attention outside his own sphere, are designed only to bolster himself, typically at the expense of others. Taking Patrick to task apparently for the sin of granting his (four) producers a more audible and visible role on his program is both nonsensical and selfish.

DP Show producers Seton O’Connor and Paul Pabst’s responses to Cowherd show the factual absurdity of Cowherd’s remarks:

The people actually hurt by Cowherd’s statements, however, are Cowherd’s own support staff, who probably are wishing they worked for Patrick, or someone like him, rather than Cowherd.

Radio shows are similar to sports team coaching staffs, with the on-air host as the head coach, and the typically off-air producers as coordinators and assistant coaches. Just as few in the coaching business envision themselves as lifelong defensive line coaches, for example, few in the radio business want to spend the entirety of their professional careers screening listener telephone calls. A sports team’s success provides exposure to the coaching staff, allowing the coordinators and assistants to move into head-coaching positions elsewhere. Further, good head coaches are wise to create an environment in which their assistants receive outside attention and have opportunities to move into more senior positions. It isn’t that head coaches want to lose their talented assistants. Given the inevitability of those departures, though, head coaches know they can recruit better assistants, who are destined for greater things, by offering them the opportunity to gain exposure while working under them. The notion is not unlike the one Kentucky basketball coach John Calipari employs with his player recruits.

By allowing his support staff to be heard and seen on his show, Patrick affords them individual opportunities that would be more difficult for them to come by without that exposure. Patrick’s producers might eventually leave to pursue their own interests or stay longer because they’re happier with the more prominent role Patrick provides them. Regardless, Patrick has styled his show to serve as a platform for more people who work on the show than just the on-air host.

Cowherd has taken the opposite approach, and his attack on Patrick bears out Cowherd’s selfishness. He demands all of the attention and credit for his own successes, and the people most hurt by his critical comments likely are those who work on his show, not Patrick’s.

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