Sports & Entertainment Committee December Newsletter
IN THIS ISSUE...
Message From the Chair  
Your Sports & Entertainment Committee Leadership Team (2016-17)  
Upcoming Programs and Legal Quick Hits  
Committee Announcements  
Member Spotlight – 10 Questions With David Cohen (Chair Emeritus 2014-2016)  
Sponsor’s Corner – Ogletree, Deakins, Nash, Smoak & Stewart, P.C.  
Recognition  
Follow Us  
Networks
Virtual Library
Renew Your Membership
Update Your Records
Upcoming ACC Programs
Search Back Issues

Webcasts
Updates From ACC Committees

Message From the Chair

Hello committee members –

I am excited to kick off my tenure as the chair of this award-winning committee (more on that below) and I am looking forward to helping continue the committee’s great efforts during my term. My hope for the coming year is to continue to grow and expand the committee, both in terms of membership size and what we offer to the membership.   I want to thank our immediate past chair, David Cohen for both his leadership and his mentorship. I would also like to thank all of the other committee leaders who have done so much for this committee over the years, especially those who have agreed to continue in their roles for the next year. And many thanks to our sponsor, Ogletree Deakins, for its continuing commitment to the committee.

This newsletter is one of the first new initiatives. The Social Media subcommittee has been renamed the Communications subcommittee and, in addition to maintaining the committee’s social media presence, it will be responsible for this newsletter. Please feel free to reach out to Shameeka Quallo, the Communications committee chair, or Nicole Nakagawa, who helped to develop the newsletter with any questions or suggestions regarding it. And if you are on Twitter, please be sure to follow the committee at @ACCSELC.

Another initiative for the year is to expand our outreach to the global sports and entertainment community. We are currently working on establishing quarterly calls for the EMEA and APAC regions that will include presentations by law firms based in those regions. The first call will be on January 24, 2017 and will be presented by Ogletree Deakins’ London office (see details below under Announcements). Our next two legal quick hits will also focus on international issues. We are also looking for one attorney from each region who would like to be more involved in the committee and who would help to develop these programs. We are looking for one attorney from the EMEA region and one from the APAC region who would like to be more involved in the committee and who would help to develop programs and resources for each region. If you have any question or are interested, please email sportsent@accglobal.com.

Lastly, in addition to our continuing efforts to develop programs and resources to aid you in your practice, we are planning to start developing some local networking events so you can meet your local colleagues and build your networks. Those programs will fall under the auspices of the newly renamed Chapter, Committee & Organization Relations subcommittee chaired by Roxanne Khazarian. If you are interested in working on those programs, please reach out to me or Roxanne. 

If you are interested in getting more involved in the committee, please jump on our monthly call or feel free to reach out to me or the chair of whichever committee interests you. I look forward to the year ahead.

 

Danielle Van Lier
Senior Counsel, Intellectual Property & Contracts, SAG-AFTRA
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Your Sports & Entertainment Committee Leadership Team (2016-17)

 

Position

Name

Chair

Danielle Van Lier
SAG-AFTRA

Vice-Chair

Julie Maresca
Motion Picture Licensing Corporation

Secretary

Nyea Sturman
Orlando Magic

Chapter, Committee & Organization Relations Chair

Roxanne Khazarian
Gerald Holdings LLC

Annual Meeting Programming Co-Chairs

David Cohen
Tampa Bay Buccaneers

Rob Simmons
MolsonCoors

Programming & Resources Chair

Josh Kane
LPGA

Membership – Sports Chair

Mary Mansfield
University of California, San Diego

Membership – Entertainment Chair

Ryan Murray
Wasserman Media Group

Communications – Chair

Shameeka Quallo
ISC

International Outreach – EMEA Co-Chair  To be filled**
International Outreach – APAC Co-Chair To be filled**

** Please contact the Committe Chair, Danielle Van Lier (danielle.vanlier@sagaftra.org), for more information.
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Upcoming Programs and Legal Quick Hits

We hope you will join us at upcoming Sports & Entertainment programs. The Committee meets the third Tuesday of each month at 3pm ET.

Dec. 20, 2016 (3:00 PM ET)
Europe's Digital Single Market (Sports Rights Owners Coalition)
Presenter: Mark Lichtenhein, Chairman
Trivia Contest Prize: $100 Gift Card

Jan. 17, 2017 (3:00 PM ET)  
Protecting Against Piracy in the EU: Understanding Takedown Injunctions and the Scope of “Fair Dealing” (Bird & Bird)
Presenters: Craig Giles and Rebecca O’Kelly-Gillard

Jan. 24, 2017 (11:00 AM ET, 4:00 PM GMT/UTC)
EMEA Call (NEW!): Evolving European Employment Trends: Contingent Workers, ICT-based Work, Crowd Work, and More (Ogletree Deakins)
Presenter: Simon McMenemy

Feb. 21, 2017 (3:00 PM ET)
What to Expect in the Labor & Employment World Under the Trump Administration (Olgetree Deakins)
Presenter: Alfred B. Robinson Jr., Shareholder
Trivia Contest Prize: $100 Gift Card

 
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Committee Announcements

First Quarterly EMEA Region Webcast – Jan. 24, 2017, 4 PM GMT / 11 AM ET / 8 AM PT

“Evolving European Employment Trends: Contingent Workers, ICT-based Work, Crowd Work, and More” 
Presenter: Simon McMenemy, the managing partner of Ogletree Deakins’ London office

Description: Technological changes and the rise of the gig economy have brought new forms of employment, many of which differ significantly from traditional “work.” As legal employment frameworks shift to regulate (and often to discourage) traditional forms of contingent work, such as the use of temporary agency workers and self-employed contractors, new forms of employment arise, include crowdsourced work and ICT-based work. Join us for a discussion of new labour trends in Europe, the risks and benefits associated with using them in the sports and entertainment industries, and the diverse compliance regimes that in-house counsel for sports and entertainment organizations should consider.

FROM NATIONAL PROGRAMMING & RESOURCES:

Annual S&E Committee Survey:
As a Sports & Entertainment (S&E) Committee member, we value and need your feedback to help us ensure we continue to offer relevant programs, resources, and other benefits to our membership. In addition, your feedback helps ACC and the S&E Committee ensure quality programming for the ACC Annual Meeting each year. You can help us by taking a few minutes to complete the annual survey on or before December 20, 2016. As an incentive, the committee's sponsor, Ogletree Deakins, will provide two raffle prizes of Amazon gift cards in the amount of $125 USD (all members that respond before the close of the survey will be entered in the raffle).​ Thanks in advance for your time!
ACCESS SURVEY HERE

Resource Availability: 
Our goal is to provide helpful resources useful in your practice.  We can all benefit by sharing resources since others have inevitably encountered similar problems and issues.  Throughout the year, we will make calls for members to contribute resources.  We also encourage members to seek information and resources through the eGroup portal.  Lastly, as we add resources, we will communicate newly added resources to you via e-mail and social media, and you can always find available resources on the “Resources By Category” section (left hand side) of the Sports & Entertainment Committee page.

 

 
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Member Spotlight – 10 Questions With David Cohen (Chair Emeritus 2014-2016)
David Cohen, General Counsel of the Tampa Bay Buccaneers

In his role as General Counsel, David oversees both the legal and HR departments. He provides strategic legal and business advice in numerous areas and oversees many organization-wide issues. He is involved with a lot of business initiatives, contracts, litigation management, risk mitigation, and creative problem solving.  

  1. What enticed you to work in the sports law industry?

I originally wanted to work as an athletic trainer for an NFL team. However, I began with an athletic training internship with the Bowie Bay Sox, the AA Affiliate of MLB’s Baltimore Orioles, and later became a minor-league athletic trainer in the Montreal Expos organization. I later pursued a master’s degree in community health education, and while doing so I did considerable research into performance-enhancing substances in sports. Yet, I had a burning desire to do more and to learn more, which led me to pursue law school.

While in law school I was offered a job as a risk manager of the Los Angeles Angels. Shortly after becoming a member of the bar, I worked on issues which ultimately led to a promotion and I became the team’s only in-house lawyer. I jumped in and assisted with contracts, litigation, and anything else I could. Since I was the only in-house lawyer, I got to do a lot. After nine years with the Angels, I moved to Tampa Bay in January 2013 to become the General Counsel of the Tampa Bay Buccaneers.

  1. Describe one of your proudest moments since you’ve been in the sports law industry?

Although there are so many proud moments, I am most proud of seeing the accomplishments of many people that I have worked with over the years, as a mentor or supervisor. Seeing them excel within their careers and the industry, and rising to the level of General Counsel, Head of Compliance for college athletics or exceling at their firms are just a few examples of what is most fulfilling to me.

  1. When you are not working, what is your favorite thing to do?

I am blessed with a very patient wife, Audria, who has put up with a career change and numerous moves, so when I am not working I love spending quality time with my wife and our 7 year old son, Ethan. Whether we are cooking together, running errands together or reading together, we really enjoy the family time. Ethan is also learning how to play golf, so I love the one-on-one time we spend bonding and connecting as he learns and perfects the sport.

  1. If you could do anything and knew you wouldn't fail, what would you do and why?

I would be a Superhero, flying around and fighting crime. My Superhero name would be “Mr. Daddy” as Ethan affectionately calls me, and the name means so much to me as I want to be a hero to him for as long as I can.

  1. What is your favorite quote?

Give more than you take. Be a fountain, not a drain! 

  1. In between handling your job responsibilities, how do you develop and maintain professional relationships?

You have to put yourself out there and make an effort to stay in touch. I utilize various social media platforms to stay connected, such as LinkedIn and Twitter. I send a small note to congratulate people on promotions, anniversaries or birthdays. I also look for opportunities to connect people by planning group dinners or meetups several times a year.

  1. Name one resource (book, article, website) that changed your life?

Manager Tools Podcasts. Manager Tools is a management consulting and training firm and they deliver free weekly podcasts designed to give managers and individuals actionable recommendations to further their careers. Their podcasts provide tools to help with your effectiveness as a manager while also effectively managing your own career.

  1. What webpages are currently open on your computer?

Tweetdeck; LinkedIn; Gmail; and my Fitbit Dashboard.

  1. What is one thing you wish you knew about the sports law industry before you started?

I wish I knew how much I needed to know about business, as I likely would have pursued a joint JD/MBA program. Although I don’t have an MBA, I ensure I have a thorough understanding of the business, whether I independently read about it or ask questions of the business people within my organization. Ultimately, my job is to keep the organization out of trouble, however I also help the company achieve their business goals while avoiding trouble.    

  1. What is one piece of advice you would offer to someone looking for ways to excel within their career?

Always push yourself to do more! Never stop growing. Never stop learning. In business and life, you do not get better by being stagnant and staying in the same place, you get better by pushing yourself, challenging yourself and creating more opportunities to learn. 

We would like to thank David for his time and wonderful insight. You can connect with David on Twitter at @DavidCohenEsq or on LinkedIn at www.linkedin.com/in/DavidCohenEsq
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Sponsor’s Corner – Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

What Should Employers Do Now That the Overtime Rule Is Blocked?
Author: Marc L. Zaken, Ogletree Deakins

Now that a federal district court judge has issued a nationwide injunction against the new overtime rules that were to go into effect on December 1, 2016, many employers are asking “what should we do?” Some employers have already prepared to comply with the new regulations and are ready to roll out new payroll practices. Do they hold off or press forward? 

The short answer is that while this injunction is in effect, employers are not required to pay overtime in accordance with the new rules. But, the injunction is only temporary. The next step is for the judge to consider whether to make his ruling permanent. He can do so by vacating the new overtime rules—i.e., rendering the new rules a nullity—as if they had never been issued at all. Such a vacatur seems likely, given his preliminary ruling. If the judge does vacate the rules, then employers would still not be required to comply with the new regulations.

But what happens if the judge changes his mind and lifts the injunction or if an appellate court overturns his ruling? In that case, are the regulations effective retroactively to December 1, 2016, or would the regulations take effect only prospectively from the date the injunction is lifted or a vacatur is reversed? The answer, unfortunately for employers, is very unclear.

A similar issue arose last year, when a federal district court judge issued an injunction, and later vacated, new overtime regulations that applied to home health care workers. An appellate court reversed that lower court decision on appeal, validating and reinstating the home health care regulations. The Supreme Court of the United States declined in July 2016 to reconsider the validity of those home health care regulations. In the meantime, several district courts have considered whether the reversal of the vacatur means that the home health care regulations can be enforced retroactively to their original effective date of January 1, 2015. These district courts are split on the issue, some deciding that the home health care regulations can be enforced retroactively and others deciding that the regulations can only be enforced prospectively. Appeals are pending on the issue of whether the home health care regulations can be enforced retroactively.

So, where does that leave employers today? Employers must weigh various business and legal risks in deciding whether to comply with the now enjoined overtime regulations. There is a legal risk that if the regulations are later upheld, they may be enforced retroactively. In that event, employers may be liable for overtime payments to employees who were classified as exempt under the current regulations but who are not exempt under the new regulations, plus potential attorneys’ fees. In the event of such a litigation attempting retroactive enforcement of the overtime rule, employers will have difficulty defending against claims if they do not have accurate records of the hours worked by employees. So, an employer that decides to hold off on complying with the new regulations may want to keep accurate records of the hours worked by any employee who is now considered exempt but could be considered non-exempt under the new regulations.

Of course, any appeal of this judge’s ruling will fall to the new Trump administration, which may not be as motivated to enforce these Obama administration regulations. That remains to be seen. In the meantime, employers will have to decide whether to put their compliance plans on hold in light of the ruling. 

 

 
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Recognition

Congratulations to the Sports & Entertainment Committee on receiving the Breakthrough Performance Award at the 2016 ACC Annual Meeting held in San Francisco in October 2016!  

Pictured from Left to Right: Peter Hughes (Olgetree Deakins), Emily Roisman (Chair Emeritus 2012-2013), David Cohen (Chair Emeritus 2014-2016), Danielle Van Lier (Current Chair).

 
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Follow Us

Please follow us on Twitter @ACCSELC for additional announcements from the Committee, as well as news from the world of sports and entertainment law.

 
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