FCPA Compliance and Ethics Report-Episode 156-emergency podcast on Deflategate and the Wells Report
For the uninitiated, eSports, is a professional sports league connected to video games, and is one of the fastest growing sports markets. While some chuckle at the growth of eSports, others are taking notice of the industry's...more
When we last wrote about “Deflategate”, Tom Brady, the National Football League Players Association [“NFLPA”] and New England Patriots fans were basking in the glory of the reversal of NFL Commissioner Roger Goodell’s...more
An appeals court recently reinstated the four game suspension issued to Tom Brady by the National Football League. The Patriots quarterback previously had his four game suspension reversed by the United States District Court...more
Earlier this week, Bills and Jets fans (and at least one Packer fan) rejoiced as the Second Circuit Court of Appeals reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady based on a finding...more
The state of Massachusetts collectively groaned last week as the Second Circuit Court of Appeals reinstated quarterback Tom Brady’s four-game suspension for his role in the “Deflate-Gate” saga. A brief recap of this strange...more
Nearly all collective bargaining agreements have an arbitration clause for deciding any disputes under the agreement. Beyond the labor arena, employers have increasingly mandated arbitration as the designated forum for...more
Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.” In the 1970s, for example, legendary Oakland...more
The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more
The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over...more
This week would have marked the return of Tom Brady, had his four game suspension not been reversed by the United States District Court for the Southern District of New York. Much ink has been spilled over Brady’s suspension...more
A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more
With the NFL season just beginning, and Tom Brady leading the New England Patriots to victory over the Steelers, we decided to provide you with a bit of football-inspired labor law. On September 3, 2015, Judge Robert Berman...more
As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY)...more
The Ballad of the Thin Man revolves around one very square man who keeps blundering into situations that he does not understand. The further he gets into the song, the less he seems to understand. Rock critic Andy Gill has...more
On September 3, Judge Richard Berman of Southern District of New York overturned the NFL's four-game suspension of New England Patriots’ quarterback Tom Brady. Besides being a dream come true for ESPN, the ruling is quite...more
On Thursday, September 3, 2015, a federal judge overturned the NFL’s four-game suspension imposed on star quarterback Tom Brady, ruling that the league couldn’t discipline him for allegedly deflating footballs in order to...more
Unless you live under a rock, you’ve heard about “Deflategate:” The Patriots’ use of allegedly under-inflated footballs during their 45-7 win over the Colts in last-year’s AFC Championship. In a 40-page opinion issued...more
Ricardo Cestero, a partner at Greenberg Glusker Fields Claman & Machtinger LLP was quoted in a Law360 article on July 30th discussing the hurdles Tom Brady and the NFLPA face in their attempt to overturn the “deflategate”...more
Over the years, the topic of workplace investigations has gained increasing importance in the HR and employment law world. Now, with investigations routinely making headlines, they have become a part of our popular culture as...more
And this is true for any number of reasons! There’s the money, the supermodel wife, the buddy trips to the Kentucky Derby . . . . All pretty obvious. But there’s another reason, too. As an NFL quarterback, Brady works...more
To begin with, full disclosure: I am a lifelong New England Patriots fan (and season ticket holder). However, as an attorney I am trained to be objective. The aftermath of the “Deflategate” investigation should be of...more
The Institute of Sports Law and Ethics (ISLE) at Santa Clara University is currently active on three fronts: Deflategate, homophobia and safer soccer. Re Deflategate, Ron Katz, co-founder of ISLE, has been quoted extensively...more
If only the New England Patriots had an Anti-Bribery and Anti-Corruption program, “Deflategate” might never have entered America’s vocabulary. The long-running saga re-entered the media this past week with the release of the...more
In the first emergency podcast Jay Rosen and I review (what we know) of the Wells Report into Deflategate. We consider the issues from a FCPA compliance practitioner perspective and what lessons may be learned from the...more