NIL Rights in a Time of Expanded Sports Betting

Originally held on Tuesday, June 8, 2021 | 5:30 pm – 6:30 pm

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Program Co-Chairs:
John Gerba
National Hockey League Players’ Association
Kelly Richardson
Legal Counsel, BetMGM
Zach Schreiber
Weil, Gotshal & Manges LLP

  • 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.

  • Moderator:
    Andrew K. Patrick
    Skadden, Arps, Slate, Meagher & Flom LLP

    Faculty:
    Marc Edelman
    Professor
    Zicklin School of Business, Baruch College
    Fordham University School of Law

    Michelle Marsh
    Arent Fox LLP

  • 5:30 pm – 5:35 pm
    Introduction of Topic and Panelists

    5:35 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-Chairs

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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