Sports Industry Practice. Attorney Advertising
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1 Sports Industry Practice Attorney Advertising
2 Our clients are professional teams and their owners and investors, stadium and arena operators, and financing entities. We also advise amateur teams, university athletic departments, athletes, coaches, equipment manufacturers, and others in: Venue financing and development Licensing, merchandising, and IP issues Labor and employment contracts Coach/athlete matters, compliance, and endorsements Acquisition of ownership interests in teams Naming rights and sponsorships Litigation, dispute resolution, and related counseling AREAS OF FOCUS Stadium/Arena Financing Ballard Spahr is known for its work in the financing of sports facilities and other large event venues. We have the skill and experience to handle the often complex issues related to municipal finance, including local laws and federal tax and securities regulations. Our attorneys have a track record of success working with developers, government officials, and others on arenas and complexes. Litigation, Dispute Resolution, and Counseling The firm s litigators are powerful trial advocates. Just as important, they excel at preventive counseling. We represent sports teams in lawsuits with season ticket holders as well as in litigation involving demonstrations and protests at sports facilities. We have helped sports teams develop policies governing free speech activities in and around stadiums and arenas. In addition, we have represented a professional sports league in a dispute concerning the relocation of a franchise. We have helped clients navigate breach detection, response, and investigations, and assisted clients with data asset protection, insurance, and litigation issues. Consumer Financial Services and Federal Banking Compliance We counsel sports team clients on complying with federal banking laws, such as the Truth in Lending Act (TILA) and the Electronic Funds Transfer Act (EFTA) as they apply to season ticket plans, and we work with these clients on taking steps to mitigate the risk of claims by season ticketholders. We are also experienced in defending and prosecuting collections on behalf of secured lenders who make (high interest/high principal) loans to professional athletes. Sports Transactions We advise on the acquisition and disposition of sports teams, franchises, and properties, as well as on joint ventures and the establishment of new sports entities. Our attorneys have managed sales and acquisition projects for clients ranging from major and minor league teams to individuals seeking to acquire professional sports teams and facilities.
3 Tax Our tax attorneys offer sophisticated tax planning and structuring for investors, sports teams, athletes, and stadium owners, and they handle disputes at all levels of government. Coach/Athlete Issues, Compliance, and Endorsements We represent professional teams and universities, as well as coaches, general managers, and university athletic directors, in contract negotiation, team and individual endorsements, tax and estate planning, public appearances, and the establishment of nonprofit foundations. We advise amateur athletes and university athletic departments on eligibility and compliance with the NCAA and other governing bodies. Labor and Employment We counsel teams on salary caps, collective bargaining agreements, and other labor issues. We handle teams employee benefits and executive compensation work, including executive employment agreements, tax issues associated with such agreements, and issues involving retirement and health and welfare plans. We also assist with the benefits aspects of team-related M&A transactions. Facility/Venue Development We work with team and stadium owners on site selection, acquisition of land, and the development of various sports and entertainment facilities, including the construction of sports facilities and plans for surrounding mixed-use development. We also help negotiate the terms of design and construction contracts. Intellectual Property/Naming Rights and Sponsorships We help protect the lucrative intellectual property related to team operations. We advise on licensing and merchandising, naming rights, and special events and promotions. We handle media and technology matters, including copyright and right-of-publicity issues in the use of film and images; negotiate agreements with broadcast affiliates; and counsel clients on entertainment law issues. REPRESENTATIVE EXPERIENCE Stadium Financing and Development The Philadelphia Phillies in the development of Citizens Bank Park, the major league franchise s 43,000- seat ballpark. Our work involved the condemnation of a portion of the development site by the City of Philadelphia, a complex lease and financing structure, public funding from governmental and quasigovernmental authorities, shared parking rights with the Philadelphia Eagles and the owner of the professional hockey and basketball teams, and complex community group agreements. Local government entities in the financing and development of more than $1.4 billion of Olympic venues, infrastructure projects, and resort and real estate projects that directly and indirectly supported the 2002 Olympic and Paralympic Games in Salt Lake City. The Washington Redskins in the acquisition of land and the development, financing, and construction of what is now FedEx Field. The Redevelopment Agency of Salt Lake City and the Municipal Building Authority of Salt Lake City in their financial support of Franklin Covey Field, home of the city s AAA baseball team. Our work included serving as bond counsel on the original financing and as disclosure counsel on the refinancing.
4 The Redevelopment Agency of Salt Lake City in its financial support of the Energy Solutions Arena, home of the Utah Jazz. Refinanced Philips Arena for ownership of Atlanta Hawks, working with local governmental bodies on financing guarantees. Franchise/Team Acquisitions Ted Leonsis in acquiring the Washington Capitals and securing ownership interests in the Washington Wizards. Steve Bisciotti, as part of his legal team, in acquiring the Baltimore Ravens. Peter Angelos, as part of his legal team, in acquiring the Baltimore Orioles and in negotiations with the Maryland Stadium Authority. Sports Team Litigation The Philadelphia Flyers, Global Spectrum LP, and related entities in a putative class action brought in federal court by certain Flyers season ticket holders based on the sale of tickets to the Winter Classic game held in Philadelphia during the season. Major League Baseball in an antitrust and defamation action arising out of the attempted sale and relocation of the San Francisco Giants to Tampa Bay. Tax The Philadelphia Phillies in negotiations with investors and the limited partnerships that own the team regarding the tax aspects of the ballpark s lease. A principal investor in his acquisition of a limited partnership interest in the San Diego Padres. Labor and Employment The Philadelphia Phillies in various employment issues, including drafting executive employment agreements, overseeing tax issues associated with such agreements, and handling 401(k) plan, pension plan, and health and welfare plan matters. The Philadelphia Phillies and Philadelphia 76ers in labor counseling and disputes. The developers of a Seattle arena in labor issues. Free Speech Litigation and Counseling Comcast affiliates in several lawsuits arising out of efforts by protest groups to demonstrate in parking lots and entrances at the Wells Fargo Center. In one case, we successfully obtained an injunction preventing such protests. In another, we obtained the dismissal of a federal constitutional claim brought by protestors on the ground that Philadelphia s involvement with the center was insufficient to constitute state action for purposes of a Section 1983 claim. The Philadelphia Phillies on their policies governing the display of banners at Citizens Bank Park. Appearances and Endorsements Professional athletes in negotiating endorsement deals with various domestic and foreign companies. PGA Tour golfers in negotiating appearance deals with Chinese and Japanese companies.
5 Corporate and Banking Many professional sports teams, including teams in the National Football League (NFL), the National Hockey League (NHL), the National Basketball Association (NBA), and Major League Baseball (MLB), with issues related to agreements and communications with fans and season ticket holders. Professional sports teams in the NFL, NHL, NBA, and MLB in drafting terms and conditions for season tickets, agreements for season ticket payment plans that automatically renew, payment authorizations for credit card and ACH ticket payments, Truth in Lending Act disclosures for season ticket installment payment plans and consents for text message campaigns. Professional sports teams in the NFL, NHL, NBA, and MLB by advising on consumer protection laws, retail installment sales acts, laws governing agreements that automatically renew, the federal Telephone Consumer Protection Act and state analogs, payment card network rules, electronic payment laws, electronic signature laws and defensive measures to guard against class actions (e.g., arbitration provisions with class action waivers). The Philadelphia Phillies on all intellectual property aspects of team operations, such as merchandising and new products, and Citizens Bank Park on issues related to special events and promotions, copyright and right-of-publicity involving the use of film footage and photographic displays, and agreements with broadcast affiliates. The Philadelphia Phillies on various entertainment law issues, many of which involved working directly with Major League Baseball. The National Football League (NFL) in connection with counterfeit trademark litigation and seizures of counterfeit merchandise relating to Super Bowls XXX and XLII. PSINet in negotiating the naming rights agreement for the Baltimore NFL Stadium. The Baltimore Ravens on the naming rights negotiations with M&T Bank. The Arizona Cardinals in its naming rights deal. Professional athletes in branding, trademarks, and licensing of name, image, and likeness. A sports management company in various corporate issues. IP/Naming Rights and Sponsorships A large financial institution in its sponsorship of the Olympics, including advising on the development of a social media platform, Twitter handle, and Facebook social game. The Philadelphia Phillies in negotiating naming rights and a sponsorship deal with Coca-Cola.
6 REPRESENTATIVE CLIENTS Ballard Spahr attorneys have represented or worked on projects associated with the following professional sports teams, leagues, and facilities: Professional Teams and Major Sports Leagues Arizona Cardinals Lehigh Valley IronPigs Washington Redskins Arizona Diamondbacks Philadelphia 76ers Major League Baseball Arizona Rattlers Philadelphia Eagles National Basketball Association Atlanta Hawks LLC Philadelphia Phillies National Football League Baltimore Orioles Phoenix Suns National Hockey League Baltimore Ravens Reading Phillies PGA Tour Golfers (various) Cleveland Browns San Diego Padres U.S. Women s National Ice Hockey Team Colorado Rockies San Francisco Giants Lakewood BlueClaws Tucson Toros Sports Facilities Chase Field Lincoln Financial Field Spring Mobile Ballpark Citizens Bank Park Lindquist Field (Ogden City) Sun Devil Stadium Comcast Spectacor, L.P. Maverik Center (formerly E Center) Tempe Diablo Stadium Delta Center Oriole Park at Camden Yards Tucson Electric Park FedEx Field Philips Arena US Airways Center Hi Corbett Field Rice-Eccles Stadium Various Salt Lake City Olympic facilities Hohokam Stadium Scottsdale Municipal Stadium Wells Fargo Center CONTACTS Edward D. Rogers Partner rogerse@ballardspahr.com Travis J. Leach Partner leacht@ballardspahr.com
7 Atlanta Baltimore Boulder Delaware Denver Las Vegas Los Angeles Minneapolis New Jersey New York Philadelphia Phoenix Salt Lake City Sioux Falls Washington, DC
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