Wednesday, August 29, 2007

First General Meeting!!!

Attention ESLS members...

The first general meeting of the Entertainment & Sports Law Society will be on Tuesday, September 4th at 12:30pm in room 209. Pizza will be served. (And who doesn't love a free lunch?) The executive board will introduce themselves. Upcoming events, like an ESLS happy hour and the semester's first speaker, will be mapped out. Dues will be collected. All that good stuff.

So mark your calendars for 9/4 at 12:30 in room 209.

Tuesday, August 28, 2007

Judge rules in favor of NYC metal bat ban

NEW YORK -- A judge ruled Tuesday that it was constitutional for the city to ban metal bats from high school baseball games.
U.S. District Judge John G. Koeltl said the new law fits the purpose of legislative bodies like the City Council to protect the public health and safety.

"The protection of the health and safety of high school-age students is entitled to great weight," the judge said. "While the record does not include clear empirical evidence showing that more serious injuries would occur without the ordinance, it is the city's legislative assessment that the risk is too great."

The law is set to take effect Sept. 1. It had been challenged by an organization representing national high school baseball coaches and several companies that make metal bats. The law resulted from claims that today's metal bats cause balls to go farther and faster, heightening the risk of injuries.

In April, the City Council overrode a mayoral veto of the legislation, permitting the outlawing of metal bats in high school games; the goal is to protect young players who are believed to be less capable than older players of reacting to speeding baseballs. The lawsuit was then filed.

Friday, August 24, 2007

Guarantees for Larry Johnson frontloaded in extension with Chiefs

The lucrative five-year contract extension signed on Tuesday by Kansas City Chiefs star tailback Larry Johnson includes $43.25 million in so-called "new money," features an initial signing bonus of $12.5 million, and will pay the four-year pro more than $20 million before his 30th birthday.

The deal includes $19 million in guarantees, but nearly one-third of that is in the form of guaranteed base salaries during the first four seasons of the contract. And to earn the full $5 million in prorated roster bonuses included in the contract, Johnson must be active for all 16 games each season.

Details of the contract, which is essentially a six-year deal that runs through 2012 because Johnson had one season remaining on his original contract, were obtained through league salary documents.

For the 2007 season, Johnson will earn the $12.5 million signing bonus, a $750,000 base salary that is guaranteed, and a workout bonus of $50,000, for a total of $13.3 million. That base salary is a reduction from the $1.8 million Johnson was to have earned in base salary in the final year of his original contract, which he signed as a first-round choice in the 2003 draft.

The salary cap charge for the Chiefs in 2007 is a very palatable $3.356 million.

Base salaries for the extension portion of the contract are $2.5 million (2008), $4.55 million (2009), $5 million (2010), $5.3 million (2011), and $5.9 million (2012). Of those salaries, $2 million is guaranteed in 2008, with $3.5 guaranteed in 2009 and $250,000 in 2010.

There are prorated roster bonuses of $1 million each in 2008-2012, payable at the rate of $62,500 per each game that Johnson is on the active roster. There are also annual offseason workout bonuses of $100,000 each for the 2008-2012 campaigns. And in 2010-2012, there are offseason bonuses of $1 million each if Johnson is on the roster for the first day of the league year, typically defined as March 1.

While the salary cap charges are manageable for this season, they rise steadily after that -- to $6.156 million (2008), $8.206 million (2009), $9.183 million (2010), $9.483 million (2011), and $10.083 million (2012).

Counting all six years, the contract totals $45.05 million. And minus the $1.8 million that Johnson was to have earned under his original deal, the "new money" is $43.25 million.

Michael Vick's Plea

Below is a link to Michael Vick's Plea agreement.

http://sports.espn.go.com/photo/2007/0824/vickplea.pdf

Enjoy!

Comedy writer sues over "Hannah Montana"

Here's a suit featuring all kinds of terms from Contract Law. Prof. Rosen would love this.

LOS ANGELES - A comedy writer is suing The Walt Disney Co., alleging he came up with the idea for the teen television show "Hannah Montana" but was never compensated.

Buddy Sheffield filed the lawsuit in Los Angeles Superior Court on Thursday alleging breach of contract, breach of confidence, unfair competition and unjust enrichment.

Disney officials could not be reached at the company's Burbank offices Thursday evening for comment.

Sheffield, who has written for "The Smothers Brothers Show," "The Dolly Parton Show" and "In Living Color," says he pitched an idea for a television series called "Rock and Roland" to the Disney Channel in 2001. The story was about a junior high school student who lived a secret double life as a rock star, according to the lawsuit.

Disney Channel officials at first liked the idea, but ultimately passed on it, the lawsuit alleges.

The Disney Channel's "Hannah Montana" is about high school student Miley Stewart, who lives a secret double life as a famous pop star.

"Hannah Montana," starring Miley Cyrus and her father, country singer Billy Ray Cyrus, has generated two hit music CDs and helped sell a great deal of merchandise. Sheffield says he deserves a share of the revenue.

Thursday, August 23, 2007

Source: Vick will not admit to killing dogs or gambling on dog fights

Atlanta Falcons quarterback Michael Vick will not admit to killing dogs or gambling on dog fights, as detailed in his indictment, when he enters a guilty plea in a Richmond, Va., federal court Monday, a source close to the case has told ESPN. Instead, the one count of conspiracy that Vick will plead to will admit guilt to the charge of interstate commerce for the purpose of dogfighting.

Vick will admit that he was present when dogs were killed, but will maintain that he did not personally kill any of the dogs.

The allegations of killing dogs and gambling were part of the picture painted by Vick's three co-defendants, all of whom have pleaded guilty.

The source told ESPN that Vick's defense team met with federal attorneys Thursday afternoon to determine the "summary of facts" to which Vick will plead. But the source says Vick maintains that he never killed dogs and never gambled on a dog fight.

Vick, 27, is scheduled to enter his plea agreement Monday and could face up to five years in prison.

Vick's co-defendants said Vick provided virtually all the gambling and operating funds for the Bad Newz Kennels enterprise. Two of them also said Vick participated in executing at least eight underperforming dogs by various means, including drowning and hanging.

'Dirty Dancing' Makers Mount Copyright Infringement Suit

The makers of iconic movie Dirty Dancing have mounted a lawsuit against companies selling merchandise featuring a popular phrase from the 1987 film. Lionsgate Films filed the suit in Los Angeles District Court last Wednesday against 15 companies which they accuse of illegally using the words "Nobody puts Baby in the corner" on a range of goods. The lawsuit states, "The American Film Institute voted 'Nobody puts Baby in a corner' as one of the top 100 most popular quotes from a motion picture. Plaintiff markets and sells merchandise with the movie trademarks through approved licensees as part of the 'Dirty Dancing' line of approved merchandise." The suit accuses the companies named of "creating confusion" by distributing unofficial Dirty Dancing merchandise, and aims to stop the vendors - including Uncommongoods.com in New York - selling objects featuring the phrase. Lionsgate Films is also seeking a court order to make the 15 companies pay restitution costs and damages.

Wednesday, August 22, 2007

Authorities Probing CBS's 'Kid Nation'

CBS on Tuesday defended itself against mounting criticism that the network may have violated child labor laws and placed children at risk during the production of the forthcoming reality show Kid Nation. Following a complaint by one of the 40 children who participated in the series -- in which kids create their own "society" in a town in New Mexico -- CBS sent a statement to the Los Angeles Times disputing the "course of action being taken by one parent in distorting the true picture of the Kid Nation experience." The statement insisted that CBS and the producers had instituted safety procedures "that arguably rival or surpass any school or camp in the country." The network has argued that child labor laws did not apply to the production because the children, ages 8-15, were not employees of the production company. "The cameras are following people through an experience," a CBS lawyer said, adding that the $5,000 that each of them received (plus additional amounts for competitions) was "not tied to specific output or tasks." Nevertheless, today's New York Times reported that the New Mexico attorney general's office sent a warning to producers while the show was being taped that they might be violating child-labor laws.

Cruise, UA Facing Possible Lawsuit by Extras

A lawyer representing 11 extras who were injured in Germany while filming a scene for the Tom Cruise movie Valkyrie has threatened to sue Cruise, United Artists and the film's producers. "Those responsible on the set displayed inhuman indifference in playing with the health and the lives of the extras," lawyer Ariane Bluttner told Agence France Press Tuesday. She said that she intends to take legal action against the production company "unless it un-bureaucratically and rapidly compensates the injured." Only one of the extras suffered serious injuries. Dressed as German WWII soldiers, the extras were riding in a military panel truck when the incident occurred. Bryan Singer (X-Men, The Usual Suspects) is directing the film.

Tuesday, August 21, 2007

Violent Femmes embroiled in NY lawsuit

Fresh off their latest tour, 1980s folk-punk favorites the Violent Femmes are headed for a surprise gig in federal court.

Bassist Brian Ritchie sued lead vocalist Gordon Gano on Wednesday, saying he was deprived of credit for some of the group's songs and a proper accounting of its earnings.

The lawsuit, filed in U.S. District Court in Manhattan, also accuses Gano of trashing the band's reputation by allowing its signature hit, "Blister in the Sun," to be used in a Wendy's commercial.

Gano, reached by telephone at his Manhattan home, called the lawsuit "a complete surprise" -- especially since the band still regularly performs and just returned from a tour in South Africa.

"We just played a really, really good tour," he said. "Since the early '80s, everything's really good. We're playing better than ever."

In the suit, Ritchie claims he founded the band in 1980, taking on drummer Victor DeLorenzo that year and Gano in 1981.

After releasing a self-titled debut album, "Violent Femmes," in 1983, the band gained fame with hits including "Blister in the Sun," "Add It Up" and "Special." It recorded at least 10 albums and toured the world at least a dozen times, the lawsuit said.

"This action is the unfortunate culmination of an ongoing intra-band dispute between Ritchie and Gano over Gano's misappropriation and misadministration of Ritchie's interests in the jointly owned songs and assets of the band, misappropriation of assets solely owned by Ritchie, improper accounting and nonpayment of royalties," the lawsuit said.

The Wendy's deal was a buzz-kill for the band's fan base, the suit says, causing one fan to comment in an online blog that after hearing "Blister in the Sun" in a commercial, "My ears perked up. Then my jaw dropped. Then my heart sank."

The suit seeks a ruling declaring Ritchie half owner of the band's songs and an accounting of past and future royalties and unspecified damages.

Gano declined to respond to the claims in detail, except to say he wrote the band's songs with one or two exceptions.

Friday, August 17, 2007

Grammy Foundation Annual Writing Competition

The GRAMMY Foundation® Presents the 10TH ANNUAL ENTERTAINMENT LAW INITIATIVE WRITING COMPETITION

Co-Sponsored by the American Bar Association Forum on the Entertainment and Sports Industries

The ELI Essay Competition invites law students focusing on the entertainment practice to write a 3,000-word paper on a compelling legal topic facing the music industry today. The contest culminates with the winning student authors presenting their essays at the prestigious ELI luncheon on February 8, 2008.

AWARDS:
First Place Winner Receives $5,000
Four Semifinalists Receive $1,500

ALL WINNERS RECEIVE:
* One GRAMMY Awards Show Ticket
* Round Trip Ticket to the GRAMMY Awards in Los Angeles
* Hotel Accommodations
* Ticket to The MusiCares Person of the Year Tribute Dinner honoring Aretha Franklin

SUBMISSIONS MUST BE POSTMARKED BY DECEMBER 20TH, 2007
Winners will be announced on February 1, 2008.
For complete contest rules, send an e-mail to eli@grammy.com

The GRAMMY Foundation's Entertainment Law Initiative (ELI) was conceived as a means to recognize and further develop the bond between the legal profession and the recording community with the goal of resolving issues confronting the music industry. One of the premier educational initiatives of ELI is the national legal writing contest and scholarship program, which is co-sponsored by the American Bar Association Forum on the Entertainment and Sports Industries. Law students from across the country are invited to research, analyze and submit essays regarding important issues facing the industry.

Thursday, August 16, 2007

Donaghy could face state charges

PHOENIX -- Former NBA referee Tim Donaghy could face charges in Arizona's most populous county if investigations by the league and FBI show that he deliberately miscalled two Phoenix Suns playoff games this year, authorities said.

In federal court Wednesday in New York, Donaghy pleaded guilty to two felony charges Wednesday in connection with an NBA betting scandal.

Donaghy faces a maximum of 25 years in prison when he's sentenced for conspiracy to engage in wire fraud and transmitting waging information through interstate commerce.

Maricopa County Attorney Andrew Thomas has sent letters to NBA Commissioner David Stern and the head of the FBI in Washington, saying he wants to know whether Donaghy gambled on the two Suns road playoff games, provided inside information to gamblers or helped determine the outcome by making bad officiating calls.

Thomas said the games in question are the April 29 game against the Los Angeles Lakers and the May 12 game against the San Antonio Spurs.

The Suns beat the Lakers 113-110 in the April 29 game, but lost to the Spurs 108-101 on May 12 in Game 3 of the Western Conference semifinals.

Thomas said that if Donaghy "purposely failed to officiate the games properly and his conduct resulted in changing the outcome of the games, such conduct might have violated Arizona criminal statutes and could be the subject of criminal prosecution."

Special Assistant County Attorney Barnett Lotstein said Arizona's "long arm statute" allows the county to prosecute in such cases.

"If any element of the crime happened in our county, we have jurisdiction," Lotstein said.

Among the possible felony charges are fraudulent schemes and artifices, which carry a possible prison sentence of 3 to 10 years; and bribery of participants in professional or amateur games, which carries a possible prison term of 1 to 3½ years, according to Arizona authorities.

Titans, Jones agree to modified wrestling restrictions

Adam "Pacman" Jones can appear at a wrestling show Sunday, with a couple of provisions: The suspended Tennessee Titans cornerback won't be allowed to touch or be touched, use or be hit by any object or anything else that could injure him.

That doesn't leave much for Jones.

But at least he can be in the building for the Total Nonstop Action Wrestling pay-per-view event. The arrangement was approved by a Tennessee judge Saturday following an agreement among the Titans, Jones' attorney and lawyers for TNA Entertainment.

The Titans received a temporary restraining order Friday that prohibited Jones, who was suspended from the NFL for the 2007 season for violating the personal conduct policy, from even being present at a TNA event.

With Jones promoted to appear at the "Hard Justice" show Sunday night in Orlando, Fla., lawyers worked to resolve the Titans' concerns. Judge Jeff Bivins approved the deal following a 10-minute meeting in his chambers. Jones did not attend the hearing.

Steve Underwood, chief operating officer of the Titans, said nothing changed as far as the team is concerned. "It doesn't mean he can't participate and be present at whatever he's under contract to do with them. It just means that he can't participate in anything where he's going to get hurt. That was always our concern," Underwood said.

And what if Jones does get hurt?

"We're not going to go there. He's not going to get hurt," Underwood said. "He can't do anything that poses risk of significant injury, and all parties are in agreement with that."

The NFL isn't scheduled to review Jones' case until after the Titans' 10th game, which is Nov. 19 at Denver. Jones lawyer Worrick Robinson said the Titans made it clear they still care about his client and want to see him return to the football field.

The original court order applied only to Jones. TNA and co-founder Jeff Jarrett joined the talks and were added as parties to the agreement. An attorney representing TNA was asked if company officials preferred to have Jones wrestle after Jarrett had worked with the cornerback on his ring skills.

"We're very happy he's going to be there and be part of the program," Robin Mitchell Joyce said

Added Robinson: "I think the limited grappling that he was going to be involved with in the first place was not going to take place immediately. But he is fine. He's willing to work within the bounds of what he's agreed and what the judge has ordered."

Jones made his first appearance with TNA during its weekly cable TV show "iMPACT!" Thursday night.

The Titans responded Friday by obtaining the restraining order prohibiting him from participating in the show in any way, even as a spectator or announcer. The Titans cited the NFL player contract that prevents him from engaging in activities in which he could injure himself.

Robinson said TNA may decide to have Jones be in the ring, working within the approved agreement.

"He wanted to put on a show, and he wanted to prepare himself for putting on a show. That's what he was doing," Robinson said. "His role has just changed somewhat now."

Wednesday, August 8, 2007

Hanks Sues Over Unpaid 'My Big Fat Greek Wedding' Profits

Tom Hanks is suing production company Gold Circle Films for failing to pay him his share of the profits from hit movie, My Big Fat Greek Wedding. The Saving Private Ryan actor has teamed up with his co-producers from the 2002 film, his wife Rita Wilson and Gary Goetzman, along with leading actress Nia Vardalos, to launch the legal action against Gold Circle. The firm is accused of reneging on agreements to pay the four stars a share of the $368 million profits, as stated in their contracts. The producers claim Gold Circle has so far avoided an audit to specify exact revenue from My Big Fat Greek Wedding, instead providing accounts which are "vague and inadequate in failing to provide information consistent with industry standards." They are suing for unspecified damages.

Wednesday, August 1, 2007

Job Opening at NBC

JOB OPENING: COUNSEL/NBCU TV Nets Distribution NJ: Draft, review, negotiate agreements. 3 yrs exp law firm/in-house. Exp in contracts. Gen corp bckgnd. JD req'd. Apply: www.nbcunicareers.com (Job Code #614239)