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Posts from August 2022.

Welcome back to the "Spotlight!" Two of the biggest stories in sports right now are if and/or when professional athletes will themselves be welcomed back. First, is a case (unofficially captioned “you can’t have your cake and eat it too”) in which several professional golfers who bolted the PGA Tour for a king’s ransom from the Saudi sovereign wealth fund-backed LIV Golf are seeking a ruling reinstating them for competition in the PGA Tour’s playoff series. If that sounded to you like a longer shot than a hole-in-one on a par 5, you would be right. After all, as the judge reasoned, the golfers were already making more money on the LIV Tour than they could reasonably expect to make in PGA Tour competition.

Elsewhere, Cleveland Browns Quarterback Deshaun Watson is awaiting word on how long he will be suspended due to the dozens of sexual assault allegations against him during his tenure with the Houston Texans. Initially, Judge Sue L. Robinson ruled that Watson would miss the first six games of the season. That ruling has since been appealed by the NFL, with Commissioner Roger Goodell now seeking a season-long ban for Watson. Regardless, the Cleveland Browns have Deshaun Watson slated to start the team’s first preseason game. So, either the Cleveland Browns know something we all don’t know or they’re the Cleveland Browns. In any event, the controversies surrounding the LIV Golfers and Watson have made them all untouchable in the eyes of brands seeking endorsement partners. Suffice it to say, this is not quite the spotlight they are looking for. For you, however, here’s the "Spotlight" that you are looking for:

    • The consumer watchdog Truth in Advertising sent warning letters to numerous celebrities who have been peddling NFT projects, notifying them that they may be in violation of Federal Trade Commission regulations for failure to disclose financial interests in the projects. Still needed for many in the public is a disclosure of what NFTs are.
    • Green Bay Packers Quarterback Aaron Rodgers’ recent revelations about improvement in his game after drinking ayahuasca tea may have moved psychedelics closer into the mainstream. And who could argue with that? After all, Rodgers became the first player in NFL history to win 32 Super Bowl championships in a single season.
    • Perhaps looking to further leverage his recent acquisition of Welsh Football (Soccer) Club Wrexham A.F.C., Ryan Reynolds and his production company Maximum Effort entered into an unscripted first-look development deal with sports streaming service FuboTV. Reynolds continues to add to the winning streak that started when he decided not to be Green Lantern anymore.

Welcome back to the "Spotlight!" Many may recall perhaps, one of the most ‘gutsy’ performances in NBA Finals history was Michael Jordan’s 1997 ‘Flu Game’ in which he heroically willed himself through the doldrums of food poisoning, scoring 38 points and leading the Chicago Bulls to a Game Five victory against the Utah Jazz. Little did Jordan know that 25 years later, his mental and intestinal fortitude would inspire a sports and entertainment lawyer battling the same foe – food poisoning, not the Utah Jazz – to proceed with writing his weekly S&E digest for the masses (three is a crowd, so I am assuming “masses” is four or more). With any luck, this installment will beget yet another legendary showing 25 years from now on par with the likes of ‘His Airness’ and ‘His Lack-of-Self-Awareness.” So, to whoever out there it may be, let this be a message to you that the next time you are feeling Pepto-abysmal, don’t let that keep you from basketball immortality, writing a modestly-successful newsletter or otherwise seizing the Spotlight.

    • Although Mixed Martial Artist Conor McGregor has been kept out of competition due to a fractured broken leg, it sounds like the leg may be healthy enough for him to appear alongside star Jake Gyllenhaal in the reboot of the 1989 Patrick Swayze cult film “Road House.” Remakes being a tricky proposition, the film itself might not have a leg to stand on.
    • Professional Golfer Phil Mickelson and nine other LIV Golf players filed an Antitrust lawsuit against the PGA Tour in response to having been barred from participating in PGA Tour-sanctioned tournaments. Ironic given that ‘anti-trust’ is precisely how many feel towards Mickelson after conflicting statements about LIV Golf.
    • Pop singer Shakira faces up to eight years in prison for alleged tax fraud in Spain. On the bright side, she has the presumption of honesty on account of her hips don’t lie.
    • NIL platform Opendorse takes endorsement and sponsorship deals for collegiate athletes’ to fans. Greek row might have just found a new recruitment tool.

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The Sports, Arts & Entertainment group at Foster Garvey provides full service legal representation on sports, entertainment and business matters, including handling transactions related to brand management, licensing, joint ventures, venture capital, private equity, technology, the Internet and new media.
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