Sports Law Blog
All things legal relating
to the sports world...
Monday, September 12, 2016
NJICLE Kickoff Classic

I am honored to be speaking at the New Jersey Institute for Continuing Legal Education's upcoming "Kickoff Classic" on September 24. The classic will focus on sports law controversies and CLE credit will be available. This link has the key details and information on signing up, and I hope you do. 

Specific topics in the classic include:

• Public relations disasters – what is an attorney’s role when the players and coaches
commit “fouls” off of the field
• Representing sports agents – legal issues involved in courting and signing with the NFL
• NCAA compliance – how to keep college players on the amateur side of the dividing line
• Betting on games - the current status of sports betting in New Jersey
• Concussions – the latest law on injuries and liability
• Gaming the system - O’Bannon vs. NCAA and should student athletes be paid for the
use of their names and likenesses in video games

Here's some more info:

NJICLE Kickoff Classic
Format/Skill Level:
Rutgers- Livingston Campus
84 Joyce Kilmer Avenue Piscataway, NJ 08854
September 24, 2016
8:30 AM - 11:30 AM ET
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NJSBA & NJSBA Section/Committee members are eligible for
special discounts - login to see your discounted rate for this program.


Program time confirmed: 8:30 am. to 11:20 a.m.
Program Location: Rutgers Livingston Student Center, 84 Joyce Kilmer Ave, Piscataway.
Game time confirmed: 12:00 p.m.

Presented in cooperation with the NJSBA Entertainment, Art and Sports Law Section, the NJSBA Young Lawyers Division and the NJSBA Senior Lawyers Special Committee
Click here to print the registration form.

Seminar registration does not include football ticket. To purchase tickets, please email, fax or call customer service at 732-214-8500.

Timothy D. Cedrone, Esq. 
Chair, NJSBA Entertainment, Art and Sports Law Section
Apruzzese McDermott Mastro & Murphy, PC (Liberty Corner)
Speakers include:
Anthony R. Caruso, Esq.
Scarinci Hollenbeck (Lyndhurst)
Alan Milstein, Esq.
Sherman Silverstein Kohl Rose & Podolsky, PA (Moorestown)
Paul Perrier
Senior Associate Athletic Director/ Chief Compliance Officer,
Rutgers University Athletic Department (Piscataway)
Elnardo J. Webster, II, Esq.
Former football player (1988 to 1991), Rutgers University
Inglesino, Webster, Wyciskala & Taylor LLC (Parsippany)

About the Program:
R U Ready for Some Football??!!
Join NJICLE, some former Rutgers football players, the NJSBA EASL Section and the Young Lawyers Division as we create a new football tradition with the NJICLE Kickoff Classic! Hear directly from attorneys and some former players who represent athletes, agents, facilities and university football programs as they tackle some of the hottest legal issues in sports. Then, enjoy the Rutgers vs. Iowa game with your friends and family.

CLE Credits:
NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.3 hours of total CLE credit.
This program has been approved for 3.3 credits (50 minute hour)
PA CLE:2.5 substantive credits pending ($12 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE (t&nt):
3.0 professional practice credits

Click here to print the registration form.

Seminar registration does not include football ticket. To purchase tickets, please email, fax or call customer service at 732-214-8500.

Saturday, September 03, 2016
Third-Party Funding for Future PASPA Challenges?

In an article penned for Deadspin earlier this week, I laid out an accelerated timeline for legalizing sports betting nationally. The most accelerated path, as I explained in the piece, would be through future court challenges lodged by other states. In my opinion, the quickest path to legalized sports betting would occur through a combination of lobbying and litigating, with an emphasis on the latter. The more litigation pressure, especially if one state succeeds, the quicker the four major professional sports leagues would lobby Congress to repeal or amend the Professional and Amateur Sports Protection Act ("PASPA"), the federal law that prohibits states (like New Jersey) from authorizing or licensing sports betting.

But one of the major obstacles facing potential state challengers is one of "cost," that is, how can states--constrained by budgetary considerations--afford to finance a potentially multi-year, multi-million dollar litigation battle. After all, the final tab for New Jersey, as reported earlier today, was $5.1 million.

It turns out, however, that New Jersey taxpayers did not end up footing the bill--at least not directly. As exclusively reported by John Ensslin of the Bergen Record, the legal fees associated with the New Jersey sports betting case were paid by the state's gaming industry. As Ensslen's article explains:
Taxpayer funds are not being used to pay for the sports betting litigation, according to Leland Moore, a spokesman for the U.S, Attorney's Office. Instead, the legal effort is being funded through fees paid by the gaming industry to regulatory agencies, Moore said. Three-quarters of the costs are paid by fees paid to the Casino Control Fund of the [New Jersey] Division of Gaming Enforcement. An additional 25 percent comes from fees paid to the state Racing Commission, he said.
While taxpayers are "indirectly" footing the bill through a diminution in regulatory services (e.g., less money is available for other gaming regulatory functions), this financing model could serve as an example for other states contemplating a similar legal challenge to PASPA. For those states hampered by budgetary deficits or shortfalls, the New Jersey example illustrates that there are alternative approaches to funding.

The states are not alone in desiring sports betting: the largest stakeholder in this arena is the U.S. gaming industry, which across 40 states, generates nearly $73.5 billion in annual income. Certainly, those stakeholders would have a built-in economic incentive (and strong desire) to assist states in their quest to legalize sports betting by partially or wholly funding future litigation efforts. After all, legal sports betting would be an economic juggernaut to the gaming industry. It is estimated that legal sports betting in New Jersey would have generated over $1 billion in annual gross gaming revenues for New Jersey's racetracks and casinos. For a state like Mississippi, with more than three times the number of commercial casinos and the allure of the Gulf Coast, the potential economic reward is even greater. The gaming industry, if called upon, would likely embrace the opportunity to participate in this fashion, given the significant economic boost that legalized sports betting would provide to gaming venues. Call it a true "public-private partnership," if you will.