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sports: news
Summary Professionals Matters News Events Publications
Media Mention

News Corp Acquires Major Stake in Yankees’ YES Network
November 20, 2012 -- Law360
In an article about the News Corp/YES Network deal, the Herrick, Feinstein team that represented the Yankees and Yankee Global Enterprises was mentioned, including: Irwin Kishner, Richard Morris, Edward Stevenson, Daniel Etna, Glenn Stein, Matthew Kunkes and David Hoffman.
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Hearing in McNamee's defamation suit against Clemens Wednesday
June 26, 2012 -- Newsday
In a story about the revival of Brian McNamee’s defamation lawsuit against Roger Clemens, Herrick, Feinstein’s John Goldman was quoted about the unlikelihood that Clemens would settle out of court saying, “This is the same guy and set of lawyers that took on the government with Clemens' liberty at stake, and they won. I cannot imagine they're going to write a check to McNamee to settle this case."
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Why Prosecute the Rocket
May 18, 2012 -- Sports Litigation Alert
The article, “Why Prosecute the Rocket,” by John Goldman was featured in Sports Litigation Alert.
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Roger Clemens trial: Andy Pettitte voices doubt over conversation
May 3, 2012 -- Los Angeles Times
In an article about Andy Pettitte’s testimony in the government’s retrial of Roger Clemens, John Goldman is quoted about the use of physical evidence in the case.
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Pettitte's '50-50' recall a problem for Clemens prosecution
May 2, 2012 -- USA Today
Herrick, Feinstein litigation partner John Goldman is quoted on Andy Pettitte’s testimony in the government’s case against Roger Clemens and his alleged use of steroids or HGH. In his analysis of Mr. Pettitte’s testimony, John Goldman notes, "Andy Pettitte seems to have been positioned by the government as a star witness because of his close friendship with Clemens and his prior testimony that Clemens admitted to him in 1999 that Clemens had used HGH.”
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Yankees' Pettitte: I may have misunderstood Clemens
May 2, 2012 -- CNBC
CNBC featured the Reuters report on Andy Pettitte’s testimony which quotes Herrick, Feinstein’s John Goldman.
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Yankees' Pettitte: I may have misunderstood Clemens
May 2, 2012 -- Reuters
The article discusses Andy Pettitte’s testimony in the government’s case against Roger Clemens. John Goldman is quoted in relation to Mr. Pettitte’s testimony, noting that Mr. Pettitte may have “misunderstood” Clemens when they discussed the use of human growth hormone.
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Athlete Franchisees Build Fast Food Careers After Sports
March 16, 2012 -- QSR Magazine
Dan Etna is quoted in “Athlete Franchisees Build Fast Food Careers After Sports” which discusses the appeal for athletes in investing in franchises. Dan explains that athletes are routinely pulled into hospitality and entertainment ventures, seeing them as “low-hanging apples on the tree of forbidden fruit” that athletes can’t seem to resist. Dan says that with restaurants, astute athletes see the franchising model as a lower-risk venture—even if franchising limits the individuality they can bring to the business.
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Time might be on the side of NBA players
November 22, 2011 -- Sports Business Journal
John Goldman predicts that if labor-related anti-trust litigation between NBA players and the league does not settle, the outcome will not be known for several years. The article says the NBA players may have a stronger case against the league than NFL players would have had against their league. The NBA players' union disbanded, and the players formed a trade association, allowing them to allege that the league violated anti-trust laws.
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NFL, union still fighting workers' comp battle
October 31, 2011 -- Sports Business Journal
Irwin Kishner says the NFL appears to be correct in insisting that New Orleans Saints players who signed contracts with clauses that call for them to file workers' compensation claims in Louisiana -- not California -- adhere to the terms of the contract. The dispute is headed for arbitration, with the players hoping to file their claims in the friendlier confines of the California workers' compensation system. This story notes that Irwin wrote an article on this very topic a year ago.
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Labor sides find 'deadline' in 8th Circuit ruling
June 20, 2011 -- Sports Business Journal
Analyzing the labor dispute between the NFL and the players' union, John Goldman says the Eighth Circuit U.S. Court of Appeals' stay of a lower-court ruling amounts only to the equivalent of an advisory opinion. John makes his observation in this article, which describes how the two sides are trying to hammer out a new collective-bargaining agreement before the appellate court rules on a key lockout issue.
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Third U.S. lacrosse league in the works
May 9, 2011 -- Sports Business Journal
Herrick sports law attorney Matthew Pace, former executive director of Major League Lacrosse, expresses skepticism that a third professional indoor lacrosse league can succeed where the first two have been only marginally successful. Matthew questions whether players from the most prominent college lacrosse programs will want to play for small money.
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Judge's decisions on evidence may figure in NFL appeal
May 2, 2011 -- Sports Business Journal
John Goldman says a federal judge's decision to recognize the validity of the NFL players' union's decertification imperils collective bargaining in the professional sports world. He says that fairness to the NFL -- and pro sports leagues in general -- dictates that the union should be held to a higher standard than "simply [saying] 'we don't want to do this.'"
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NFL warning sponsors about deals with players trade group
March 27, 2011 -- Sports Business Journal
Barry Werbin says the NFL's and franchises' websites are primarily informational -- and the players public figures -- which means the league is probably on safe ground continuing to use players' likenesses during the lockout. He says he understands the players' ire but says the league's First Amendment rights to disseminate information probably will prevail.
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Rogers gets a look at Leafs' books
December 3, 2010 -- The Toronto Star
Irwin Kishner helps examine the possibility that Canadian cable company Rogers Communications, which already owns Major League Baseball's Toronto Blue Jays, would buy a controlling share of Maple Leafs Sports and Entertainment, which owns the NHL's Maple Leafs, NBA's Raptors, a soccer team, a minor league hockey team, and several arenas. He notes that media companies and sports enterprises tend to be a good match, and that locking up a local market is valuable, making a Rogers ownership of MLSE a sensible move.
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Poetic ‘wordsmithing’? Teachers’ says it has no ‘firm offer’ for Leafs
December 3, 2010 -- The Toronto Star
A Canadian sports enterprise owner's lukewarm denial that it will sell its holdings -- including teams in the NHL, NBA and professional soccer, and sports venues -- actually reveals little about the owner's plans, Irwin Kishner says. He helps analyze the likelihood that a major Canadian media company is poised to buy one of that nation's premier portfolios of pro sports teams and venues.
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Rules To Remember About Investing In Memorabilia
October 18, 2010 -- CNBC.com
Irwin Kishner is quoted in this special section on alternative investing, noting that collectors of sports memorabilia can be divided into two groups: those who collect for the love of the items, and those who collect for possible profit. Among his other observations, Irwin advises the buyers of memorabilia deal with auction houses and other reputable dealers to minimize the chance of fraud, and to be aware of events -- an athlete's death, for instance, or winning a championship -- that could affect the value of some items.
Media Mention

Cuban, Crane want fees on failed Rangers bid
October 11, 2010 -- Sports Business Journal
Gary Eisenberg casts doubt on the likelihood that Mark Cuban and Jim Crane, unsuccessful bankruptcy bidders for the Texas Rangers, will be awarded the aggregate $2.65 million they seek to recover legal fees and other expenses stemming from their failed bid. He says such an award would set a precedent because it would erode creditors' recoveries, which is anathema to bankruptcy court proceedings.
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Readying for Texas Rangers' Aug. 4 auction
August 2, 2010 -- Sports Business Journal
The three-week time frame between when a bankruptcy judge ordered an auction of the bankrupt Texas Rangers and the date of the auction could mean that a higher bid would have been forthcoming if more time were allowed, Gary Eisenberg says. He notes, however, that bankruptcy judges are not obligated to establish processes that generate the most money, only that they ensure a fair process. Their focus is often on finality, he says in this story about the 16-month saga that began when the team's owner defaulted on his debt.
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Are consumers ready for Texas Longhorns Energy? Collegiate sports brands plug into unique marketing effort
July 26, 2010 -- Sports Business Journal
Matthew Pace is quoted in this story about the six-year deal our client, Branded Retail Energy, closed with the University of Texas in which Texas sports fans will be able to buy Longhorns-branded energy. Matthew says that deregulated energy is ripe for affinity marketing deals such as this one.
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Another potential Texas Rangers buyer emerges
June 28, 2010 -- Sports Business Journal
Paul Rubin says that the judge's written decision, and the appointment of a chief restructuring officer in the Texas Rangers' bankruptcy, make it difficult to predict who will be the successful bidder for the club.
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Todd DuBoef and the Future of Boxing
June 21, 2010 -- SecondsOut.com
Michael Heitner is quoted at length in this profile of Todd DuBoef, an executive with our client Top Rank, the boxing promoter.
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Greenberg-Ryan could get $10M breakup fee
June 14, 2010 -- Sports Business Journal
Whether two bidders for the bankrupt Texas Rangers baseball team will get a breakup fee if they don't buy the team -- and how much that fee will be -- will be determined by a bankruptcy judge's view of the bidders' role in setting the price the team eventually fetches, Paul Rubin says. Arguing against a fee -- or at least a full fee -- is the fact that the breakup fee was inserted into the deal just before the club filed for protection, he says, but the judge will view the totality of the bidders' efforts in deciding.
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MLB plans to move on Rangers
May 3, 2010 -- Sports Business Journal
On one hand, Major League Baseball wants to see the Texas Rangers sold quickly because the league has been supporting the team's payroll since it defaulted on its loans, Irwin Kishner says. On the other hand, if the creditors force the team into involuntary bankruptcy, the league would lose some of the influence it exerts on the club, creating a quandry for the league, he says.
Media Mention

Tribune-creditor pact only delays legal battle
April 9, 2010
Stephen Selbst says a settlement between Tribune Co and its creditors -- aimed at ending the media company's bankruptcy and possibly the liability of its chairman, Sam Zell -- is not certain to be successful, in part because the original deal came at the height of the LBO fervor, failed shortly thereafter, and apparently was overleveraged.
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The Tiger Bubble
March 22, 2010 -- The New York Times Magazine
In this story about Tiger Woods' fall and marketability issues, Matthew Pace advises Woods to limit the conversation to golf issues for the next few years and then re-emerge as a "revived saint, the human Tiger Woods as opposed to the idealized one.”
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BCS Under Attack
February 18, 2010 -- Sports Money on Forbes.com's Video Network
Matthew Pace says attempts to get the Department of Justice to investigate and clamp down on the college football bowl system for being anti-competitive are misguided. Matthew says the DOJ should not spend time examining the BCS system, which, although impefect, actually offers more teams more opportunities to play in various post-season bowl games.
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Team official foresees success for pro soccer in Phila
January 25, 2010 -- Philadelphia Inquirer
An expansion soccer team's ability to sell 9,000 season tickets -- representing half its stadium's capacity -- several months before its inaugural game is a good sign that the team could succeed, Irwin Kishner says in this story about the Philadelphia Union. Our firm's representation of the New York Yankees and other major and minor league franchises is noted in this story, which measured the team's early season ticket sales against the backdrop of a struggling economy.
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Minor league scouts East Valley for team
December 4, 2009 -- Phoenix Business Journal
Matthew Pace says the future of minor league hockey in the United States in bright, in this story about an Arizona-based league's wishes to build a multi-purpose arena and lure two teams to play there.
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For stars, high-tech gaffes hard to hide
November 29, 2009 -- Associated Press
Matthew Pace notes that social media -- tweeting, for instance, and posting on Facebook -- are two-edged swords for celebrities, giving them access to their fan base but also potentially harming their images when they post imprudently.
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High-def TV luring Americans to NHL
October 27, 2009 -- Toronto Star
Better television reception -- such as high definition TV -- will lure more Americans to watch the sport and increase the possibility that the NHL will land a national broadcast contract, Matthew Pace says in a story that notes that Herrick has a "prominent" sports law practice.
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How the credit crunch cost the Cubs. Lots of sports teams -- the Knicks, Nets, Rangers, Cubs, Dolphins and more -- could change hands as owners feel the recession's bite. Here's how investors can get in on the action.
October 21, 2009 -- MSN Money
Buyers of professional sports franchises tend to be extremely wealthy people with a passion for sports, Irwin Kishner says in a story about how an unprecedented number of teams are for sale.
Media Mention

Future decided, Coyotes staff gets to work
October 5, 2009 -- Sports Business Journal
Matthew Pace says the four major professional sports leagues were relieved when a bankruptcy court judge rejected a suitor's bid for the Phoenix Coyotes and, in doing so, upheld the NHL's right to decide who may own franchises and where they may be located.
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Atlantic Yards gets a lift, but pledged $200 million infusion still leaves bulk of vast project in doubt; last legal hurdle looms
September 27, 2009 -- Crain's New York Business
Scott Mollen notes that the developer of Atlantic Yards is relying on a substantial body of case law that tends to permit eminent domain for development that will drive economic growth and contain affordable housing. He cautions, however, that every case features different facts, and judges scrutinize those facts in deciding how to rule.
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NHL Risks Bad Precedent in Coyotes Bankruptcy
September 9, 2009 -- Reuters
Paul Rubin is quoted in “NHL Risks Bad Precedent in Coyotes Bankruptcy” about the dilemma posed to the Bankruptcy Court by James Balsillie’s extraordinary bid to purchase the Phoenix Coyotes.
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Cotto, Pacquiao to meet Nov. 14
2009 -- ESPN.com
Michael Heitner is mentioned as Top Rank promoter Bob Arum’s attorney in an article discussing Top Rank's success in finalizing the fight agreement between two of boxing's most popular fighters, Manny Pacquiao and Miguel Cotto. The highly anticipated fight is scheduled to take place in the fall of 2009.
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Hicks creditors look for response from NHL
August 17, 2009 -- Sports Business Journal
In a story about how creditors of the Dallas Stars are seeking repayment of loans they made, Irwin Kishner notes that most professional sports leagues' debt policies forbid creditors from taking over franchises in mid-season.
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AP sources: Cubs exploring bankruptcy filing
July 13, 2009 -- The Associated Press
Paul Rubin says that if the Chicago Cubs seek bankruptcy protection, it would be to "cleanse the entity" so a buyer would be protected from successor liability issues, and if they don't, it's because they don't need to because they are operationally sound, without creditors "banging on the door."
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Hamilton hockey quest far from over for persistent RIM co-CEO Balsillie
June 17, 2009 -- The Canadian Press
The NHL's refusal to allow Research In Motion co-CEO Jim Balsillie to buy the Phoenix Coyotes and move them to Canada was all business -- nothing personal -- Matthew Pace says. Matthew reacts here to a bankruptcy judge's ruling that stymies Balsillie's plan and supports the league's position that it has a brand to protect and therefore should control who owns franchises and where they play.
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Judge Rules Against Balsillie's Bid To Buy, Relocate Coyotes
June 16, 2009 -- SportsBusiness Daily
Professional sports leagues will celebrate a bankruptcy court judge's ruling that the National Hockey League can restrict who owns its franchises and where they play -- even when the team is in bankruptcy -- Paul Rubin says. In the same story, which covers that ruling and the dispute between the NHL the Phoenix Coyotes over whether businessman Jim Balsillie can buy the team and move it to Canada, Matthew Pace says the ruling springs from the notion that leagues have a right to protect their brand by taking steps that preserve value for all franchises.
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Breaking into the club: RIM boss Jim Balsillie is hell-bent on bringing another NHL team to Canada—even if it costs him his reputation
May 28, 2009 -- Macleans
Matthew Pace says that the major sports leagues will watch closely the outcome of the battle between the Phoenix Coyotes and the NHL over where the club will play and who will own it. Even though a prospective buyer wants to move the team to Canada, Matthew says that, in general, leagues have the right to decide where their franchises will play.
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NHL draws line in the sand on Coyotes
May 13, 2009 -- The Hamilton Spectator
Paul Rubin analyzes the bankruptcy issues facing the Phoenix Coyotes and the National Hockey League.
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Whose franchise is it anyway? Much on the line as league, Balsillie face off over Coyotes
May 11, 2009 -- Sports Business Journal
Bankruptcy partner Paul Rubin analyzes the Phoenix Coyotes' request that a bankruptcy judge approve the sale of the team and authorize its proposed move to Ontario but concludes that on balance, the league is more likely to prevail in its dispute with the franchise over who will rule on who can own the team and where it can call home. Corporate/sports law attorney Matthew Pace says if the courts side with the franchise, it could give other teams incentive to declare bankruptcy to get out from under league control.
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NHL, Team in Bankruptcy Showdown
May 7, 2009 -- The Wall Street Journal
The creditors of the bankrupt Phoenix Coyotes -- including the current owner -- could prevail over the National Hockey League and its bylaws in a court battle over who will chart the franchise's future, Stephen Selbst says. Although the league generally controls who may own a team and strongly influence where it is located, creditors and bankruptcy judges keep an eye on enlarging the bankruptcy estate, he says.
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Hicks Sports Group’s Problems Date to Last Summer
April 20, 2009 -- Sports Business Journal
Irwin Kishner is quoted in this article about how the Office of the Comptroller of the Currency, before the credit markets imploded, downgraded the debt carried by Hicks Sports Group, signaling that the problems at the financially troubled company predated last month’s loan default.
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NFL owners OK opt-out of pension plans
April 13, 2009 -- Sports Business Journal
The National Football League joined mainstream Corporate America when it recently decided to allow teams to cease offering pensions to non-player employees, Gary Young says. The league was an anachronism in offering the pensions, with only government and union employees -- plus those of a few bloated companies, such as GM -- enjoying pension plans.
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Name That Dog Park: Suffolk Courts Deals for Cash
March 22, 2009 -- New York Times
In a story about one county's plan to sell naming rights to its parks and beaches, Matthew Pace says government's need for money, people's need for free recreation, and advertisers' needs to reach consumers in non-traditional ways make the plan logical. He cautions, however, that advertisers' images and the facilities' images must mesh well and that government should reserve the right to strike deals if scandal hits the advertiser.
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Stepping Up to the Plate
February 27, 2009 -- The New York Post
This article describes the diversity of upscale restaurants and concession stands that will be available at the new Mets and Yankees stadiums. Although Herrick is not mentioned, we represented the New York Yankees in two separate joint ventures with the Hard Rock Café and a “NY Steak” prime steakhouse restaurant.
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Why Chicago Cubs Are Not "Part" Of Tribune Bankruptcy
December 8, 2008 -- CNBC's blog Sports Biz
Paul Rubin tells on-air business-of-sports reporter Darren Rovell, who also blogs on that topic, that a parent corporation can file for bankruptcy without the subsidiary filing. Rovell was examining The Tribune Company's Chapter 11 filing and wondering how the Tribune-owned Chicago Cubs (and their home ballpark, Wrigley Field) could be excluded from the bankruptcy filing and still be for sale.
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Ex-Olympic skater, students file discrimination suit against Hackensack ice rink
October 30, 2008 -- The Star-Ledger
Matthew Hawkins is quoted regarding his defense of a discrimination lawsuit against our client, a New Jersey skating rink, after a judge refused to issue an order that would have forced the rink to give coveted ice team to figure skaters who were asked to train elsewhere.
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Israeli skaters accuse local ice rink of discrimination
October 29, 2008 -- The Record of Hackensack
Matthew Hawkins disputes two figure skaters' claims that our client, a New Jersey ice rink, discriminated against them because of their national origin when the rink denied them coveted premium ice time to train.
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Unsealing of documents 'not great' for licensees
September 22, 2008 -- Sports Business Journal
Barry Werbin is quoted on the significance of a judge's unsealing of previously nonpublic documents -- including commercial license contracts -- in a lawsuit in which retired professional football players are suing the players' union over licensing income.
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Despite unrest, Upshaw was still in charge
August 25, 2008 -- Sports Business Journal
Irwin Kishner is quoted in this article on the debate over a successor to NFL Players Association Executive Director Gene Upshaw. The article focuses on the dispute in the months prior to Upshaw's death.
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Speeding Into Action: Theme Park Smells Like 'Burnt Rubber'
August 10, 2008 -- The Star-Ledger
Matthew Pace is quoted in The Star-Ledger -- New Jersey's largest and most prominent newspaper -- on the viability of motorsports parks in the state.
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Courtroom Showdown on Madden Images
August 4, 2008 -- Sports Business Journal
Matthew Pace opines on the viability of litigation by retired football players, seeing compensation for having their likenesses used by a video game manufacturer, which claims it distorted the images enough to avoid having to pay.
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Behind the Steel Curtain, a Rusty Bucket
July 10, 2008 -- The Wall Street Journal
Dan Etna is quoted on the complex dynamics surrounding the possible sale of the Pittsburgh Steelers.
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Unification of Champ Car and Indy Car
May 16, 2008 -- Forbes.com
Matthew Pace is interviewed on the unification of Champ Car and Indy Car and the effect that it will have on car racing in the United States, including the Indianapolis 500.
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Dolphins Handoff May Come Quickly
March 3, 2008 -- Sports Business Journal
Michael Kessel is quoted in an article analyzing how owners of professional sports franchises are considering selling now because of a likely upcoming increase in capital gains tax.
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Got What It Takes For The ‘Best Job in Sports?'
September 7, 2007 -- Forbes.com
Dan Etna is quoted on the qualities candidates must possess to be considered for CEO positions with professional sports franchises -- in this case, the Green Bay Packers.
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Celebrity Endorsement Contracts
August 14, 2007 -- CNBC
Dan Etna appears on CNBC’s “On the Money,” discussing Nike’s suspension of Michael Vick for violating an ethical conduct clause in his contract.
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IMG Valued at $1.5 billion, Sources Say
August 8, 2007 -- Sports Business Journal
Dan Etna is quoted in an article that examines the possible worth of IMG.
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Anatomy of the Bolts Deal
August 8, 2007 -- The Tampa Tribune
Irwin Kishner is quoted in a story that examines the sale of the NHL franchise Tampa Bay Lightning. The story discusses what transpires behind closed doors when buyers and sellers of professional sports franchises negotiate price and terms.
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Real Estate Round-Up
July 25, 2007 -- Brooklyn Daily Eagle
Irwin Kisnher is quoted on the regional market for luxury suits at stadiums and arenas, opining that the area would sustain many more than currently exist.
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IMG: Company Not Up For Sale
April 23, 2007 -- Sports Business Journal
Irwin Kishner is quoted on private equity's role in the professional sports industry.
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Opening Up Their Books
November 6-12, 2006 -- Sports Business Journal
Dan Etna is quoted in the front page article “Opening Up Their Books” on how sports unions have changed the way they report financial information due to new Department of Labor disclosure requirements.
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Retired NFL Players Trade in Their Football Jerseys for Business Suits
November 24, 2005 -- PRWEB.com (Press Release News Wire)
Irwin Kishner is quoted in "Retired NFL Players Trade in Their Football Jerseys for Business Suits" which appeared on PRWEB.com.
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Thomas Hauser
July 16, 2004 -- SecondsOut.com
Mike Heitner is referred to as the "best contract attorney in the business"
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The Boss's Souvenirs
December 1, 1998 -- The Village Voice
Barry Werbin is quoted in The Village Voice.
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Baseball Players' Wills Are Stolen
October 30, 1998 -- Wilmington Delaware News Journal
Irwin Kishner is quoted by Tom Kitchofer in "Baseball Players' Wills Are Stolen" in the Wilmington Delaware News Journal.
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Hall of Famers' Wills Come Up Missing
1998 -- CBS Sportsline, Boston
Irwin Kishner is quoted in "Hall of Famers' Wills Come Up Missing" on CBS Sportsline, Boston.