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Over the last 4 years, laws legalizing sports and other online wagering have proliferated across the country.  Today more than thirty states have adopted laws legalizing gambling on sports within their borders, most often allowing wagers to be placed online, while six states allow full casino gambling (including slots, blackjack, and roulette) to be played online or on your favorite mobile device. Other states (including California) are considering such legalization.  But there are important hurdles, especially in California and Florida – most notably, state constitutional prohibitions on the expansion of legal gambling.  But that does not mean that just anyone can open up a storefront, throw-up a website, or publish a mobile app, and start taking bets online; these operations are subject to strict regulatory and practical limitations, under both state and federal law. This program will focus on the continued impacts of federal laws (including most notably the Wire Act and the Unlawful Internet Gambling Enforcement Act (“UIGEA”), and the state legal foundations required to bring legal sports or other online wagering into a given state.  Focusing specifically on California, this program will also explore two propositions on the November 2022 ballot – Proposition 26 and Proposition 27 – that would each legalize some forms of sports wagering in the Golden State, and will explain the similarities and differences, why proponents and opponents support each, and offer some insights on what would happen depending on the outcome of the votes on November 8th.

This panel will examine recent case law on rights of privacy and publicity related to advertising and media, including in social media, as well as provide an overview of new state consumer privacy laws, including as applied to digital advertising and e-commerce. 

Although NFTs have been around since approximately 2014, they exploded into mainstream consciousness in early 2021, fetching eye-popping prices at auction with more companies continuing to get involved with the latest blockchain innovation. Join our interdisciplinary panel of Manatt professionals as they provide an overview of NFTs and the metaverse, including new revenue streams, how to sell NFTs, key issues surrounding NFT sales and technology, differences between open and closed trading platforms, contract rights, major NFT-related litigation trends and the impact and influence of NFTs in the sports world.

Topics will include:

  • The basics of NFTs and the metaverse
  • An overview of new revenue streams including how to sell NFTs and secondary-sales
  • Key issues surrounding NFT sales and technology
  • Key differences between open and closed trading platforms
  • Contract rights for various deals and smart contracts
  • The impact and influence of NFTs in the sports world, including opportunities and trends
  • Major NFT-related litigation trends

Description: This panel will review the growing litigation challenging the employment status of student-athletes, including efforts to classify student athletes as employees under both the National Labor Relations Act and the Fair Labor Standards Act, and how forthcoming decisions may impact all workplaces. Panelists will also discuss what employers can do now to prepare themselves for potential adverse rulings, including identifying common pitfalls in dealing with unionized employees, and how to avoid them.

Sample Retention Incentive Agreement
Caren S. Marlowe, John A. Morrison, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
4 pages

Sample Retention Incentive Agreement Contract

Resource Details
Interest Area: Sports and Entertainment, Law Department Management, Employment and Labor
Audience: Small Law Departments, Large Law Departments
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Employee Benefit Plans Audit – Document Collection Checklist
Kristine M. Bingman, Ruth Anne Collins Michels, Eric D. Penkert, Timothy J. Stanton, Timothy G. Verrall, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
13 pages

This is a sample audit document collection checklist that covers: Qualified Retirement Plans, Specific Plan Documents, Defined Benefit Plans, Union Plans, Group Health, Dental, and Vision Plans, Other Welfare Arrangements, etc.

Resource Details
Interest Area: Sports and Entertainment, Law Department Management, Employment and Labor
Region: United States
Audience: Small Law Departments, Large Law Departments
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Employee Benefits Due Diligence Checklist
Ruth Anne Collins Michels, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
8 pages

This checklist is intended to be a useful informative tool to help the buyer company identify potential issues and liabilities associated with the target company’s benefit plans so that those issues and liabilities can be effectively managed, minimized or eliminated. However, each acquisition is unique and will require an individualized assessment. This checklist is a starting point and guide in conducting such an assessment. 

Resource Details
Interest Area: Sports and Entertainment, Law Department Management, Employment and Labor
Region: United States
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Section 409A Severance Arrangements Checklist
Caren S. Marlowe, John A. Morrison, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
2 pages

This issue-spotting checklist is designed to aid with identifying key considerations associated with determining whether a severance arrangement is exempt from Section 409A of the Internal Revenue Code or is required to comply with it. Section 409A is complex and is advisable to confirm any determinations with legal counsel. 

Resource Details
Interest Area: Sports and Entertainment, Employment and Labor
Audience: Small Law Departments, Large Law Departments
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Not an ACC Member? Request a trial membership.
You are cordially invited to kick-off the official Monday Night Football season at our fun football-themed networking event, jointly hosted by Forchelli Deegan Terrana LLP’s Long Island General Counsel Network (LIGCN) and the Association of Corporate Counsel New York City (ACC-NYC). This complimentary event will be held at FDT's beautiful newly-renovated space in Uniondale, NY (333 Earle Ovington Blvd., Suite 1010) on September 12, 2022 from 7:00 – 9:15 p.m. Come see how we will transform our office into Long Island’s best tailgate party! This exciting event is being held to celebrate the start of the Monday Night Football season, and the return of Future Hall of Fame and new Denver Broncos quarterback, Russell Wilson, as he plays against his former team, the Seattle Seahawks, for the first time. The game will be shown on our 75” TVs in our spectacular glass conference center, starting at around 8:00 p.m. Please come dressed informally (jeans and athletic shoes are near mandatory), including football jerseys or other football-themed apparel and accessories. There will be a live FDT Cornhole Game Contest, with prizes awarded to the champion and semi-finalists. Prizes will also be awarded for the three (3) best dressed guests in football apparel. All of the prizes will feature in some way or have a tie-in to an FDT client. You are welcome to extend this invitation to colleagues in your Legal Department or any of your in-house attorney friends. So … Are you ready for some football? We hope the answer is a resounding yes and look forward to seeing you at our Monday Night Football event!

AGENDA:

  • 12:45 p.m. to 1:00 p.m. - Registration & Networking
  • 1:00 p.m. to 2:30 p.m. - Session I (Duane Morris LLP)
  • 2:45 p.m. to 4:15 p.m. - Session II (Blank Rome LLP)
  • 4:30 p.m. to 5:30 p.m. - Cocktail Reception

Session I – 40 Years of Fun: A Conversation with the Phillie Phanatic

He’s been called “crazy,” “beloved,” a “fan favorite,” and even “the most sued mascot in sports.” But one thing the Phillie Phanatic has never been called is boring. This program will feature a conversation with the performer who brings the Phanatic to life night after night: Tom Burgoyne! Tom will share stories and lessons from decades as a professional mascot. In addition, Duane Morris attorneys Christi Campbell and Tyler Marandola will join the conversation to provide informative background and analysis of a recent copyright lawsuit involving the Phanatic, and other legal issues that face lawyers (and occasionally mascots) of all stripes.

Session II – Sports Betting, Online Casinos, and E-Sports: What You Need to Know About this Booming Business

The states of New Jersey, Pennsylvania and Delaware are three of the most progressive in the area of gambling expansion. This panel will provide an up-to-date summary of the latest developments in sports wagering, online casino gambling, and e-sports. Learn who is involved, who is profiting, how it is regulated, and what is in store for the future. Panelist Stephen D. Schrier is a Partner and Co-chair of Blank Rome’s Gaming and Sports Practice.

Register below.

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