Originally held on Tuesday, June 8, 2021 | 5:30 pm – 6:30 pm
John Gerba
National Hockey League Players’ Association
Legal Counsel, BetMGM
Weil, Gotshal & Manges LLP
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This panel will examine the intersection of individual rights and the First Amendment when it comes to name, image, and likeness rights (“NIL”). Courts have weighed in on this in a number of contexts already – most recently fantasy sports. After examine the existing state of the law, we then intend to have a discussion with the panel about the future of NIL rights as it pertains to the sports betting industry.
Program Fee: $79 for Members | $179 for Nonmembers
Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
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Moderator:
Andrew K. Patrick
Skadden, Arps, Slate, Meagher & Flom LLPFaculty:
Marc Edelman
Professor
Zicklin School of Business, Baruch College
Fordham University School of LawMichelle Marsh
Arent Fox LLP -
5:30 pm – 5:35 pm
Introduction of Topic and Panelists5:35 pm – 5:50 pm
The Existing State of NIL Rights and the First Amendment- Doe v. TCI Cablevision, 110 S.W.3d 363, 374 (Mo. 2003)), “Tony Twist Case”
- CBC Distribution and Marketing, Inc v. Major League Baseball Advanced Media, LP, 505 F 3d 818, 824 (8th Cir. 2007)
- In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 724 F 3d 1268 (9th Cir 2013)
- Davis v. Electronic Arts Inc, 775 F 3d 1172, 1178 (9th Cir 2015)
- Daniels v FanDuel, Inc, 909 F 3d 876, 877–78 (7th Cir 2018); Daniels v FanDuel, Inc. 109 NE 3d 390, 398 (Ind. 2018)
- Hamilton v. Speight, 827 Fed.Appx. 238 (3d Cir. 2020)
5:50 pm – 6:30 pm
The Future of NIL in Sports Betting -
New York: 1.0 Professional Practice
New Jersey: 1.0 General
California: 1.0 General
Pennsylvania: 1.0 General
Connecticut: Available to Licensed Attorneys -
Sponsoring Association Committee:
Sports Law, Eleanor M. Lackman & Ethan G. Orlinsky, Co-ChairsSponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org