Conduct Detrimental: THE Sports Law Podcast

PANELISTS: Andrew Brandt, Jodi Balsam, and Tim McKernan MODERATORS: Dan Wallach & Dan Lust *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) Dan Lust (@SportsLawLust) Conduct Detrimental (@ConDetrimental) ConDetrimental@Gmail.com

We discuss all things Jon Gruden (1:15) following his leaked emails and swift resignation of head coach of the Las Vegas Raiders. Interestingly, these emails were uncovered during an unrelated investigation by a law firm into allegations of sexual harassment and toxic workplace surrounding the Washington Football Team. WFT Owner Dan Snyder, not Jon Gruden, was the subject of that investigation yet...

THE RUNDOWN: The NFL’s emergency application to a Missouri Appeals Court to try and take the Rams case away from a St. Louis jury (1:13); Impact of NLRB’s memo that “Student-Athletes” should be considered “Employees” and future of unionization in college sports (11:45); Ben Simmons mounting contract holdout with the Philadelphia 76ers (29:40); Washington Football Team facility raided by DEA / head...

Dan, Mike, and Jason dissect the viral story up now on Conduct Detrimental. Former UFC Heavyweight Mark Hunt once sued the UFC, President Dana White and one of UFC’s biggest stars Brock Lesnar, over an alleged doping scheme and fraudulent cover up. Specifically, Lesnar beat Hunt and then - afterwards - failed a drug test. Hunt alleged that if Lesnar didn’t have illegal drugs in his system that Hun...

You ask, we deliver. Following Parts 1 & 2 of our St. Louis Rams Relocation Lawsuit coverage, the people of St. Louis reached out and asked if we could have someone FROM St. Louis on to talk about the important history - and build up - to this lawsuit. We asked our contacts in the area for an appropriate guest for Part 3 of our coverage and one name kept popping up… so we HAD to get him. Ben Frede...

Our special guest this week is Sports Law Attorney Jim Quinn, one of the preeminent trial lawyers in the nation. In his 40+ years of practice, Jim has an incredible sports taw background including his representation of the players’ unions in all four of the major professional North American sports leagues. This includes a long history of fighting the NFL in Collective Bargaining Agreement negotiat...

Neither Deshaun Watson nor Evander Kane have been hit with criminal charges, yet both might not be able to play this year. For better or worse, with sports legal issues, the fear of a public relations nightmare seems to outweigh our traditional notions of justice, i.e., innocent until proven guilty goes out the window. We discuss the latest on Deshaun Watson and the NFL (1:56) and then AJ Perez of...

The biggest case in sports law that no one is talking about. When the St. Louis Rams franchise left for the greener pastures of Los Angeles it sparked a multi-billion dollar lawsuit between the City of St. Louis, the NFL, and team owners. It’s a case involving allegations of fraud, unjust enrichment, and breach of contract — and for sports purposes, it could change the team relocation process fore...

The ROADMAP: 3:03 - Florida Atlantic University (FAU) QB N'Kosi Perry and his NIL deal with Islamorada Beer Company as the first NIL deal with an alcohol company. 13:36 - Florida Panthers offer NIL deal to all FAU female student-athletes through Miami QB D'Eriq King's NIL company Dreamfield. 17:40 - Michigan State University Men's Basketball and Football players have an NIL deal with United Wholes...

The ROADMAP: 4:22 - Deshaun Watson - Latest on the NFL’s investigation, potential discipline, and how the legal analysis factors into draft compensation in trade talks. 22:00 - Bishop Sycamore - The Fyre Festival of “High School” football and potential lawsuit coming from ESPN 36:50 - Sports Betting Corner - Dan Wallach covers new developments in California, Arizona, and Florida 50:16 - WHAT TO WA...

We are joined by special guest Nathan Fenno (@NathanFenno), Sports Enterprise Reporter for the Los Angeles Times. Nathan has been closely covering the investigation into the tragic passing of Los Angeles Angels’ Pitcher Tyler Skaggs in 2019 from an apparent drug overdose and the civil / criminal cases that resulted. Suddenly, these cases are at the center of the Sports Law world with a trial fast...

It's Dan Lust and Mike Lawson on an extra edition of the show. We breakdown the first days of testimony on the Trevor Bauer restraining order hearing, the attorneys’ strategies, strengths/weaknesses in the case, update on the potential for criminal charges, and MLB's next move. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimtental.com. Let us know if you...

We compare and contrast the two biggest legal allegations in sports right now alongside Bill Shaikin (MLB Staff Writer at the Los Angeles Times) and Matt Tympanick (Conduct Detrimental’s District Attorney) The ROADMAP: 2:13 - Bill Shaikin (@BillShaikin) joins the show to talk MLB’s legal process (investigatory and disciplinary procedures), guaranteed money in baseball versus football, past precede...

Ask and you shall receive... we have our first ever sponsor of the podcast: Themis Bar Review! (It's Story Time!!) *** First, we discuss how one of our writers, Jason Morrin, got an unreal shoutout from Jeff Passan, ESPN's national baseball writer, from his article on the new Omar Vizquel / Chicago White Sox Lawsuit (7:05)... Next up, it's Simone Biles who was heavily criticized by some for her de...

Josh Gerben (@JoshGerben), Intellectual Property Attorney, is our special guest this week as he joins the show to discuss all things Cleveland Guardians. This is truly a story without any historical comparison so we'll take all the help we can get as we continue to provide breaking news on what appears to be an absolutely colossal mistake by a billion dollar baseball team. Again, our free legal ad...

Sports Attorneys Dan Wallach and Dan Lust talk all things surrounding the explosive allegations concerning Evander Kane of the San Jose Sharks which seem to originate from the Instagram posts of his wife, Anna Kane. They hit it all: the NHL's active gambling investigation, the available evidence at this stage, how the NHL's Collective Bargaining Agreement comes into play, Evander Kane's troublesom...

The ROADMAP: 3:35 - The “Cleveland Guardians” Battle. The Cleveland Baseball Team (formerly the Indians) announced that they were changing their name to the Cleveland Guardians. The only problem was… there was ALREADY a team with that name, a roller derby team who appears to STILL own ClevelandGuardians.com and associated social media accounts… and are posting to them AFTER the announcement! You’d...

The ROADMAP: 5:45 - College Conference Realignment & Legal Roadblocks. Breaking reports are that powerhouse schools Texas & Oklahoma want to leave the Big 12 Conference for the greener pastures of the SEC. A crippling blow for the Big 12 to lose perhaps their two most storied schools and meanwhile a massive get for the SEC. The question is— if it happens — would the SEC have an unlawful monopoly o...

The ROADMAP: 3:10 - Barstool & NIL: Are “Barstool Athletes” breaking state law and/or school rules given Barstool’s ties to the gambling industry? How about if you gave Barstool a picture of you with the school logo and colors but you didn’t have permission from the school? What is being done to educate athletes? Is your eligibility at risk for a violation? As of today, reports are that a staggeri...

Dan Werly, Tennessee Titans General Counsel and Conduct Detrimental Co-Creator, makes his triumphant return to the show (4:20 - 44:55) to discuss where he’s been for the last few years. He tries to answer the unanswerable question of how someone goes from private practice lawyer, to blogger, to podcast host, to sports lawyer, to General Counsel of both an MLS and NFL Franchise!!??? As Werly discus...

MAAC Commissioner Rich Ensor (5:25 - 46:23) returns to the show to cover the historic changes to the NCAA landscape. As both a lawyer and the longest-tenured D1 Commish (33 years), he’s a fantastic resource to see how Conferences, Athletic Directors, and the NCAA are interpreting the new laws and overhauling their systems to adapt to the NIL Era. We discuss the differing rules at the State & Schoo...

Professor Marc Edelman joins the show (5:44 - 36:58) to breakdown a historic day in Sports Law. We cover the United States Supreme Court’s decision on NCAA v. Alston. After oral argument, Professor Edelman boldly predicted a 9-0 unanimous verdict against the NCAA when no one else did. He explains the historical precedence of the decision, what to make of the scathing language in the opinion(s), ho...

The ROADMAP: 7:05 - California Sports Lawyer, Jeremy Evans, visits live and in-person from California. We discuss the early years of Sports Law, why the Competition Circuit was absolutely the coolest part of law school, how to effectively network within the industry, marketing once you are in practice, and the importance of non-Sports legal jobs on your Sports Law career path. We start here and sp...

Darren Heitner joins the show (8:32 - 36:13) to cover the United States Senate Hearing “NCAA Athlete NIL Rights,” covering the pressing need for federal legislation in the college sports arena. We discuss which states have now passed NIL, the next ones to follow, and how this will impact the urgency of Congress and the timeline for the NCAA’s own NIL. We assess the performance of NCAA President Ma...

The ROADMAP: 2:36 - Alex Rodriguez’s NBA Acquisition in Jeopardy. Just as A-Rod thought he was buying into a majority position in the NBA’s Minnesota Timberwolves, an owner with a 17% position in the team has filed a lawsuit to block the sale with an injunction. He’s suing for breach of contract and breach of implied duty of good faith and fair dealing. He’s seeking to amend the terms of the deal...