Sports & Entertainment

New York Football Giants—Successful class action defense

Defended the New York Football Giants in a putative class action targeting the Giants and the New York Jets alleging the requirement that the teams’ season ticket holders purchase a “personal seat license” at the newly constructed stadium violated antitrust and consumer fraud laws, and breached their implied contract of a right to renew their annual season tickets in the same seat location. After dismissing the class action claims and allowing discovery to move forward on the plaintiff’s claim of the implied right to renew his season tickets only, a New Jersey federal judge granted summary judgment in favor of our client, finding that no implied contract existed between the Giants and the plaintiff. 

MLB, NCAA, NBA, NFL, and NHL—NJ sports betting

Co-counsel representing the Office of the Commissioner of Baseball, NCAA, NBA, NFL, and the NHL in the wake of the U.S. Supreme Court’s ruling declaring the Professional and Amateur Sports Protection Act (PASPA) unconstitutional. The ruling reversed a win before the Third Circuit which had rejected the State of New Jersey’s attempts to challenge the PASPA. After a successful win at the trial court level, we are currently co-counsel to the leagues in the Third Circuit in their response to a New Jersey horse racing association’s attempt to collect an alleged $150 million in betting revenue that it claims to have lost as a result of our clients’ successful efforts to block legalized sports betting in New Jersey. 

New York Football Giants—Breach of contract

Representing the New York Football Giants in a New Jersey state court action against defendants alleged to have breached a multi-year Suite Licensing Agreement by failing to pay the annual license fee and failing to purchase tickets to Giants’ home games as required under the licensing agreement. 

MetLife Stadium—Class action litigation

Advising and representing third party MetLife Stadium in connection with class action litigation alleging violation of the ticket withholding provisions of the New Jersey Consumer Fraud Act, an longstanding issue of great importance to all sports teams and entertainment venues in the State of New Jersey until a recent New Jersey Supreme Court opinion and legislative action taken by the State of New Jersey. 

New York Football Giants—All claims dismissed

Defended the New York Football Giants and the team's former equipment manager in a New Jersey state court action filed by a defunct business and one of its former owners alleging our clients assisted co-defendants in their theft of the failed company's shoulder pad design technology which was used to launch a new business in the same industry. We secured an order dismissing all claims against our clients, including claims for conversion, civil conspiracy, and negligent supervision, which were all dismissed with prejudice. The remaining claims were dismissed without prejudice and are the subject of Motion to Dismiss currently pending.

New York Football Giants and New York Jets—Contract litigation

Successfully represented the New York Football Giants and the New York Jets as co-counsel in litigation brought against Triple 5 Group Ltd. and the New Jersey Sports and Exposition Authority following the agency's approval of the developer's addition of amusement and water parks to the unfinished project, known as “American Dream.” The teams, which play at nearby MetLife Stadium, contended that a 2006 agreement covering the former Xanadu project gave them consent over significant changes, and argued that the approved plans were a major modification that would harm their stadium rights, posing a traffic and parking nightmare. The dispute was favorably resolved. 

New York Jets—Disability discrimination claim

Defending the New York Jets in a New Jersey federal court action filed by a former player alleging wrongful termination and disability discrimination under the American Disabilities Act for being placed on the non-football injury list. 

Variety of sports clients—Firearms and weapons policy

Advising a professional sports league, professional sports teams and a stadium operator on firearms and weapons policy issues. Also represented the clients in related discussions with the New Jersey State Attorney General. 

New York Football Giants—Successful litigation defense

Defended the New York Football Giants and team executives in a high profile New Jersey state court litigation alleging a wide-ranging conspiracy among members of the Giants organization to defraud memorabilia collectors by creating fake “game-worn” helmets and jerseys. We secured the dismissal, with prejudice, of nearly all of the 18 claims asserted against our clients, positioning them for an extremely favorable settlement that resolved the plaintiffs’ few surviving causes of action. 

Privately-held manufacturer of sports technology—Licensing and collaboration transactions

Advised a privately-held manufacturer of sports technology in connection with licensing and collaboration transactions with two strategic partners.

Subsidiary of a shoe and apparel company—Delaware law matter

Served as counsel to a subsidiary of a publicly-traded shoe and apparel company on a Delaware law matter.

Esports company—Preferred financings

Represented an esports company, operating an online platform that connects gamers with video game coaching services, in connection with multiple rounds of financings.