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Irwin A. Kishner: publications
Profile Matters News Events Publications
November 2014 Corporate Alert
Edward B. Stevenson, Daniel A. Etna
Herrick's Corporate Alert touches on new developments in Delaware, New York, New Jersey, and SEC law. Also, check out Herrick Advantage for information on our events.
October 2014 Corporate Alert
Daniel A. Etna, Edward B. Stevenson
Herrick's Corporate Alert touches on new developments in Delaware, New York, New Jersey, and SEC law. Also, check out Herrick Advantage for information on our events.
The Herrick Scorecard
Summer 2014
Daniel A. Etna, John R. Goldman, Michael Heitner, Irwin A. Kishner
Sports Alert
In this edition of the Herrick Scorecard, we analyze a number of recent sports law matters – including the historic August 8th ruling in O'Bannon v. NCAA, Twitter's effect on New Orleans Saints star Jimmy Graham's arbitration, the U.S. Supreme Court's Aereo decision, the saga of the sale of the L.A. Clippers and the University of Arkansas' sound trademark for "Wooooooo Pig Sooie," which is believed to be the first college cheer registered with the U.S. Patent & Trademark Office.
Stadiums Are Installing Wi-Fi to Win Back Fans
July/August 2013
Irwin A. Kishner
Professional Sports & the Law
Irwin Kishner authored the article Stadiums Are Installing Wi-Fi to Win Back Fans which discusses the steps stadiums are taking to enhance the fan in-stadium experience and respond to the growing demand for digital content.
Market Trends, Legal Developments, and Their Effect on M&A Documentation
2013
Irwin A. Kishner
Mergers and Acquisitions Law 2013: Top Lawyers on Trends and Key Strategies for the Upcoming Year
Irwin Kishner authored the chapter "Market Trends, Legal Developments, and Their Effect on M&A Documentation" for the book Mergers and Acquisitions Law 2013: Top Lawyers on Trends and Key Strategies for the Upcoming Year, published byThomson Reuters/Aspatore. 
Inside the Minds: M&A Deal Strategies, 2011 Edition
2011
Irwin A. Kishner
Irwin Kishner and Brooke Crescenti co-authored the chapter "M&A Deals in a Recovering Economy: Key Concerns and Strategies" in the 2011 edition of Inside the Minds: M&A Deal Strategies.
Best Practices for Negotiating Naming Rights and Sponsorship Deals
May/June 2011
Irwin A. Kishner, Julie Albinsky
Professional Sports and the Law
Irwin Kishner and Julie Albinsky co-authored “Best Practices for Negotiating Naming Rights and Sponsorship Deals" which discusses issues and offers practice tips for in-house counsel at sports franchises in negotiating naming rights and sponsorship deals.
Very Much Ado About....Nothing: An Analysis of the Impact of American Needle v. NFL on Collective Bargaining and Merchandising in Professional Sports
Spring 2011
Irwin A. Kishner, Julie Albinsky
American Bar Association's Entertainment and Sports Lawyer
Irwin Kishner and Julie Albinsky co-authored "Very Much Ado About....Nothing: An Analysis of the Impact of American Needle v. NFL on Collective Bargaining and Merchandising in Professional Sports."  The article examines the practical impact of the Supreme Court's decision in American Needle v. NFL, refusing to grant the NFL blanket "single entity" status and therefore immunity from Section 1 of the Sherman Antitrust Act.
Successful Partnering Between Inside and Outside Counsel
Spring 2011
Irwin A. Kishner, Daniel A. Etna, Lonn Trost
American Corporate Counsel Association (ACCA) treatise
Irwin Kishner, Dan Etna and Lonn Trost co-authored a chapter in the book "Successful Partnering Between Inside and Outside Counsel" written by Robert L. Haig, on "Sports Law." Brooke Crescenti, Jessica DeBartolo, Rick Torres, Julie Albinsky, David Hoffman and Regina Liang assisted in writing the article.
Labor Unrest in the NFL — What It Means for Sponsors, Television Partners and Licensees
February 11, 2011
Irwin A. Kishner, Matthew Pace
Sports Litigation Alert
Irwin Kishner, Matthew Pace and Rick Torres opine that a football strike or lockout would create potential problems for sponsors, broadcast partners and licensees. The article points out that creative materials are developed months in advance of their launch, meaning that sponsors must decide whether to invest time and money into creating and developing the materials, without knowing whether the next football season will be played as scheduled, delayed or cancelled entirely. Licensees, meanwhile, pay advances against royalties, and if the games aren't played, revenues from licensed merchandise will drop sharply.
Fields of Dreams: The Benefits of Public and Private Cooperation in Financing Professional Sports Stadiums
Fall 2010
Irwin A. Kishner, David R. Hoffman
Entertainment and Sports Lawyer
Irwin Kishner and David Hoffman co-authored the article "Field of Dreams: The Benefits of Public and Private Cooperation in Financing Professional Sports Stadiums."
California Workers' Compensation Laws Present Unique Challenges for Pro Sports Teams
April 23, 2010
Irwin A. Kishner
Sports Litigation Alert
Irwin Kishner authored the article "California Workers' Compensation Laws Present Unique Challenges for Pro Sports Teams" in Sports Litigation Alert. The article, which Julie Albinsky assisted in preparing, discusses how professional athletes can benefit from California's "employee-friendly workers' compensation landscape."
The Rise of Social Media: What Professional Teams and Clubs Should Consider
Winter 2010
Irwin A. Kishner
Entertainment and Sports Lawyer
Irwin Kishner and Brooke Crescenti co-authored the article "The Rise of Social Media: What Professional Teams and Clubs Should Consider" in Entertainment and Sports Lawyer, an American Bar Association newsletter.
A Forecast of M&A Activity Within the Asset Management Industry
2009
Irwin A. Kishner, David R. Hoffman
Financier Worldwide's, "Executing Deals in Economic Downturn"
Irwin Kishner and David Hoffman co-author the article, "A Forecast of M&A Activity Within the Asset Management Industry" in Financier Worldwide’s 2009 International Mergers & Acquisitions e-book entitled "Executing Deals in Economic Downturn."
Caveat Emptor, Seller and Auctioneer When Sports Memorabilia Is for Sale
August 14 , 2009
Irwin A. Kishner, Liliana Chang
Sports Litigation Alert
Irwin Kishner—with assistance from summer associate Liliana Chang—authored the article “Caveat Emptor, Seller and Auctioneer When Sports Memorabilia Is for Sale,” in which he advises buyers, sellers, auctioneers and collectors of sports and entertainment memorabilia that dealing with large, reputable dealers and auctioneers helps minimize the risk of trading forgeries and items of questionable provenance.
Financial Fraud is on the Rise. Are You Prepared?
December 2008
Richard M. Morris, Irwin A. Kishner
Herrick, Feinstein LLP
Herrick attorneys alert you to the latest news in financial fraud.
Legal Considerations When a Professional Athlete Is Injured
March 28, 2008
Irwin A. Kishner
Sports Litigation Alert
Irwin Kishner writes on what to do when athletes are injured but disagree with their team on the proper course of medical treatment.
US Private Equity Firms Forced to Re-evaluate Strategies
March 2008
Irwin A. Kishner
Financier Worldwide
Irwin Kishner and Brooke Crescenti co-author the article "US Private Equity Firms Forced to Re-evaluate Strategies" on how US private equity firms will likely not play a large role in the 2008 M&A market.
Magic Had to Weigh Public Relations Issue in Settling Donovan Matter
July 2007
Irwin A. Kishner
Legal Issues in Collegiate Athletics
Irwin Kishner authors an article that examines the legal -- and non-legal -- issues that the Orlando Magic faced in deciding how to handle the case of a coach who signed with the team and then reneged.
The New Masters of the Buyout Universe
November 2005
Irwin A. Kishner
New York Law Journal
Irwin Kishner's article appears in the New York Law Journal.
Remember the Goal
October 2, 2003
Irwin A. Kishner
The Daily Deal
Irwin Kishner authors "Remember the Goal."
Acquisitions Without the Liabilities
August 25, 2003
Irwin A. Kishner
New York Law Journal
Irwin Kishner authors "Acquisitions Without the Liabilities" for the New York Law Journal.
Tech Company S.O.S.:  Now That The Tech Bubble Has Burst, A Legal Perspective on How to Prevent Your Tech Business from Going Bust
November 2002
Irwin A. Kishner
The Metropolitan Corporate Counsel
Irwin Kishner authors this article on the legal measures tech companies can take in restructuring efforts to improve chances of survival after the dot-com bubble burst. 
YES
May 2002
Irwin A. Kishner, Daniel A. Etna
The Metropolitan Corporate Counsel
Irwin Kishner and Dan Etna co-author this article on the formation of the YES television network.