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Challenging the Status Quo in Sports Law Volume 23 Issue 2 Article 1 6-1-2016 A Changing Game: Challenging the Status Quo in Sports Law Andrew Brandt David Falk Jusin Tuck David Apfel Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Entertainment, Arts, and Sports Law Commons, Gaming Law Commons, and the Intellectual Property Law Commons Recommended Citation Andrew Brandt, David Falk, Jusin Tuck & David Apfel, A Changing Game: Challenging the Status Quo in Sports Law, 23 Jeffrey S. Moorad Sports L.J. 363 (2016). Available at: https://digitalcommons.law.villanova.edu/mslj/vol23/iss2/1 This Symposia is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Jeffrey S. Moorad Sports Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Brandt et al.: A Changing Game: Challenging the Status Quo in Sports Law Jeffrey S. Moorad Sports Law Journal Symposium A CHANGING GAME: CHALLENGING THE STATUS QUO IN SPORTS LAW The 2016 Jeffrey S. Moorad Sports Law Journal Symposium—A Changing Game: Challenging the Status Quo in Sports Law—provides an in-depth look at the major sports law stories of the year. Panelists with distinguished and diverse backgrounds—such as Attorneys General, former professional athletes, and sports industry leaders— discussed the current legal and regulatory landscape of Daily Fan- tasy Sports, compensation for NCAA athletes, and preparation for life after professional sports. The conversations were intelligent, stirring, and wonky. The Symposium continued the high-standard of sports law Symposia at the Villanova University Charles Widger School of Law and was, without a doubt, the second-most signifi- cant Villanova sports event of 2016. Panel 1 TODAY’S PROFESSIONAL ATHLETE: THE POWER FROM WITHIN MODERATORS: Andrew Brandt and Jeffrey Moorad PANELISTS: David Falk and Justin Tuck Panel 1 featured one of the most successful sports agents ever, David Falk, and two-time Super Bowl winner, Justin Tuck. Moder- ated by Andrew Brandt and Jeffrey Moorad, the panel discussed the challenges professional athletes face as they transition to a career off the field. Through terrific stories and experiences, both panel- ists stressed the importance of utilizing the power inherent to star- athletes throughout their careers to set up post-retirement opportunities. Jeffrey Moorad: Super Bowl Champ and Super-Agent. Now that’s a pretty good start. Andrew Brandt: I think on, a personal note, I go way back with David. He hired me right out of law school, at Georgetown. I learned so much from this guy. Sort of an old friend. Not old, but known him a long time . Jeffrey Moorad: We’re all old! (363) Published by Villanova University Charles Widger School of Law Digital Repository, 2016 1 Jeffrey S. Moorad Sports Law Journal, Vol. 23, Iss. 2 [2016], Art. 1 364 JEFFREY S. MOORAD SPORTS LAW JOURNAL [Vol. 23: p. 363 Andrew Brandt: . And then a new friend. Since retiring from the NFL. We were hooked up by a guy named Gerry Matalon, from ESPN. And Justin and I have become close in the last few months, and I want you to hear about his journey forward. From being a professional athlete to new ventures going forward. So, I’m personally very proud of these two guys, someone I’ve known a long time and someone I’ve just got to know, and what they are able to share with you. I’ll let Jeff ask the first question. Jeffrey Moorad: Well, I think you’ve set the stage. I mean, Justin, great to have you. Thank you for being here. I’ve had the pleasure of getting to know Justin over the last six or seven years. When I ran the Padres in San Diego, Justin was actually a visitor to the owner’s box a couple of times. We did a couple of things in the community together. I still remember seeing you at the MIT Ana- lytics Conference. Which at the time, you know, here is a Defensive End for the New York Giants and I ran into him at the MIT confer- ence. Like, wow, that’s pretty interesting. So tell us about how you push yourself in that way. How do you end up at the MIT Confer- ence—when there aren’t any other football players there? Justin Tuck: Uh, mostly tricked into doing it. No, seriously, for me personally, I’ve always been the “athlete” that didn’t want to be the “athlete.” I didn’t want everybody to perceive me as just a “jock.” So education, learning, rebranding yourself has always been in my forefront. So anytime I get the opportunity to do something new, do something that is out-of-the-norm for athletes, I encourage it, I look forward to it, you know. Malcolm Gladwell was at that Conference and I was on a panel with him. I’m a huge fan of his books, so when they asked me to be a part of it, I jumped at the opportunity. Andrew Brandt: Yeah, can I follow up? When you say you don’t want to be known as a jock, what things can you do—because you know how people stereotype—beyond an MIT conference and some of the things you are doing now to separate from that world? Justin Tuck: Well, I think honestly, man, unfortunately with an- ything in life, with anything you do, people try to make judgments with you based off experiences with others in your state. You know as well as I know, that in football, or in athletics in general, ninety- nine percent of us are just regular, you know, small-town kids that God has given us a great talent. And we got very lucky that we were able to showcase it. That doesn’t change when you start getting in the limelight—making a lot of money—whatever it may be. We are https://digitalcommons.law.villanova.edu/mslj/vol23/iss2/1 2 Brandt et al.: A Changing Game: Challenging the Status Quo in Sports Law 2016] A CHANGING GAME 365 still those small-town kids that grew up trying to hit that last-second shot with an invisible defender, or kid, in front of us. So I think for me, in order to kind of, stand apart or stand differently than the norm. It all just comes down to just how people perceive you. It’s tough, because no matter how much hard work you do, one mistake can kind of ruin that or one bad judgmental thing can ruin all of that. Its’ tough, you just have to be you, be who you are and don’t be ashamed of that. I think people can see, you know, what your intentions are. Sometimes they don’t come across like you’d want them to, you know, especially in my line of work, you gotta deal with media. You can say one thing and it gets portrayed one way or the other, whatever it may be. But at the end of the day you have to be you. You have to know what you want and try to figure out ways of getting that across. I’ve been very blessed having great people in my corner—throughout my entire career, whether that was in college; I obviously got drafted to the greatest football team ever to play the sport. I know that’s not going to go well down here . Andrew Brandt: [Laughter] You have to figure out where you are, here. Justin Tuck: . in Philadelphia. But, I was blessed—in a lot of ways. You know, a lot of that doesn’t have anything to do with me, it just has to do with timing and being able to be placed in those spots. Andrew Brandt: David, you’ve represented players for forty years now. You’ve seen players come and go. When you listen to Justin about creating an image beyond the job, about creating a power within, what do you think of? David Falk: Well, first of all I really admire what he is trying to do. When you think of athletes and how difficult it is to reach the level of success that Justin has reached, talk about a handful—you go to college, there are a hundred guys on the team, or more, and at most schools, except maybe in the southeast, you know, you have two or three guys that may go pro. Yet, you have the same level of discipline it takes to become at professional sports, a lot of athletes don’t spend enough attention while they’re playing on how to par- lay their popularity and visibility on the field into a post-sports ca- reer. They become sort of like the “dumb-blonde” in a movie that always plays the “dumb-blonde.” People look at them as “blonde” and what he is trying to do is to break out of the mold, which I really admire. But I think it’s the kind of thing you need to start thinking about way earlier than the end of your career, because, Published by Villanova University Charles Widger School of Law Digital Repository, 2016 3 Jeffrey S. Moorad Sports Law Journal, Vol. 23, Iss. 2 [2016], Art. 1 366 JEFFREY S. MOORAD SPORTS LAW JOURNAL [Vol. 23: p. 363 you know, a guy like Justin will play football—average football player plays three or four years, average basketball player maybe ten years. So you’re going to be in your thirties when you’re done.
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