Willkie has a rich and deep-rooted history in the area of sports law dating back to 1933 when we began our long association as regular counsel for the National League. The firm’s distinguished representation of Major League Baseball in a host of matters and transactions spans decades and continues to the present day. We have handled some of the most important matters on behalf of Baseball, including our successful arguing of the Flood v. Kuhn Supreme Court case, which reaffirmed Baseball's antitrust exemption. Other sports clients have included the United States Golf Association, the Atlantic Coast Conference and the New Jersey Nets (now known as the Brooklyn Nets). In addition, the firm has been involved in matters relating to NFL, NBA and NHL teams and various minor league sports franchises.
Experience
- Bidders in other sale processes of NFL, MLB, NBA and NHL teams.
- Shamrock Capital Advisors/Religion of Sports: Represented Shamrock Capital in its Series B investment in Religion of Sports, a leading sports media production company.
- The Chernin Group (TCG)/Premier Lacrosse League: Advised The Chernin Group (TCG) as lead investor in the Series D funding round for the Premier Lacrosse League.
Among the sports-related litigations that we have participated in are the following:
- ABC Sports, Inc., et al. v. Atlanta National League Baseball Club, Inc.
- Baltimore Orioles, Inc. et al. v. Major League Baseball Players Association
- BMO Nesbitt Burns, Inc., et al. v. Jeffrey H. Loria, Allen "Bud" Selig, et al.
- Chargers Football Company, LLC, v. City of San Diego
- Curtis C. Flood v. Bowie K. Kuhn, et al.
- Daniel Silverman, Regional Director of the NLRB v. Major League Baseball Players Relations Committee
- ESPN, Inc. v. Office of the Commissioner of Baseball
- GSP Finance LLC v. KPMG LLC
- Madelyn Davis v. George Steinbrenner, et al.
- John Mccoy v. Major League Baseball, et al.
- Major League Baseball Properties, Inc. and the Los Angeles Dodgers v. Sed Non Olet Denarius, Ltd., et al.
- Minnesota Twins Partnership v. State of Minnesota
- New York Yankees Partnership and Adidas America, Inc. v. Major League Baseball Enterprises, Inc., et al.
- New York Yankees Partnership and George Steinbrenner v. Bowie K. Kuhn as Commissioner
- Pete Rose v. Major League Baseball, et al.
- Pete Rose v. Angelo Giamatti
- Vincent M. Piazza v. National League of Professional Baseball Clubs, et al.
- Robert A. Butterworth, Attorney General of Florida v. National League of Professional Baseball Clubs, et ano.
- Silverman v. Major League Baseball Player Relations Committee
- State of Wisconsin v. National League of Professional Baseball Clubs, et al.
- Trustmark Insurance Company v. New Jersey Nets Basketball Club
In re Bernard L. Madoff/New York Mets: Mediated the $1 billion dispute between the trustee representing defrauded former clients of Bernard Madoff and the owners of the New York Mets. The $1 billion figure reflected $300 million in alleged phony profits and $700 million in principal that the owners had withdrawn since 2002. The year-long mediation ended in March 2012 when the two sides announced that Mets’ owners Fred Wilpon and Saul Katz settled the lawsuit for $162 million, and Picard, in turn, dropped all claims.
Overtime Elite: Advised Overtime Elite in its exclusive multiyear media rights agreement with Amazon.
The French Soccer Football League: Advised the French Soccer Football League in Orange Sports football broadcasting appeal against internet service providers SFR and Free. The Court affirmed Orange’s right to broadcast exclusive content on its sports channel Orange Sports, which is made available solely to Orange’s internet service subscribers. The Court recognized that "it gives the consumer complete freedom on the choice of the internet service provider." The French soccer football league, represented by Willkie, supported Orange throughout the litigation, and in its introduction of significant market competition with respect to the acquisition of exclusive content, in particular football rights.
The French Football League, the Association of Professional Sports League: Advised The French Football League and the Association of Professional Sports League in its intervention in a matter involving France Télécom's Orange Sport interactive TV channel, which, through an open and non-discriminatory public tender procedure was organized by the French Football League and acquired broadcasting rights for football "Ligue 1." The Court overruled a judgment of the Paris Commercial Court finding that this distribution system constituted tied sales (as alleged by the two complainants -- Free and SFR) in violation of the French Consumer Code because consumers had to subscribe first to Orange’s DSL offer before subscribing to Orange Sports.
Utah Jazz/Delta Airlines: Advised the National Basketball Association's Utah Jazz in its multi-year arena naming rights transaction with Delta Airlines