SPORTS

THE LAST WORD IN SPORTS BUSINESS AND LAW SUMMER 2012

Looking to build a great new sports facility? Mix a mastery of marketing, financing, design, and diplomacy, and maybe you’ll succeed.

COUNTDOWN TO THE OLYMPICS INTERVIEW WITH SWIMMING’S CHUCK WIELGUS TRENDS IN SPONSORSHIP HOW TO: LOCATE THE RIGHT SITE CREATE THE RIGHT DESIGN WORK WITH THE COMMUNITY FIND THE FINANCING MAXIMIZE MARKETING OPPORTUNITIES MAKE FACILITIES EFFICIENT AND SUSTAINABLE the boxscore TITLE IX By the Numbers IX must be the most famous Roman numeral in women’s athletics. Almost exactly XL years after Congress passed Title IX, requiring that federally funded schools provide A New Stance on Concussions equal sports opportunities for women, the story of Gone are the days of shaking off a “bell-ringer” and trotting back onto the field. women’s participation can also be told in numbers. Concussions can cause long-term damage, and as of 2011, all four major pro leagues have (For convenience, we’ll employ the Arabic form.) The drafted tougher concussion policies. —Richard Sine and Jill Colford bottom line: Plenty of progress—but no parity. —J.C.

1 in 27 high school girls played sports in 1972 15 2011 190 1 in 2.5 play today Number of MLB players Year that the NBA Concussions reported who suffered concussions instituted its first league- in the NFL during 2011-12 9: Number of women who ran the Boston Marathon in 1972 in the 2011 season wide concussion policy season, down 12.5 percent 26,907: Number of women who ran in 2012 from the previous season 7 44 13.5 million: Viewers, 2011 Women’s World Cup final Length, in days, of an Percent of the 80 reported 17.3 million: Viewers, 2011 NBA Finals (average) MLB concussions DL concussions suffered by established in 2011 NHL players in 2011 result- 1,300+ $37,260: Min. salary for a WNBA player ing from “legal” hits Number of retired NFL $473,604: Min. salary for an NBA player 9 players who have sued Average number of NBA 20 the league, claiming it 43: Percent of NFL fans who are women players missing playing Percent of NHL failed to warn them about 80: Percent of all sport apparel dollars time each year due to concussion sufferers concussion effects spent by women concussions since 2006 who report amnesia $25 million: Earnings of Maria Sharapova, the highest-paid female athlete. $75 million: Earnings of Tiger Woods, the highest-paid male athlete.

September 1, 2011 March 23, 2012 May 23, 2012 June 18, 2012 National Olympic Committees National Olympic International Olympic Committee (IOC) Final nominations must submit names of cities Committees must executive board declares which cities for players to the interested in hosting the 2020 apply for athlete are final candidates to host 2020 U.S. Men’s Olympic Olympic Summer Games accreditation Olympic Summer Games Basketball Team

January 15, 2012 March 31, 2012 June 1, 2012 Final day for athletes Deadline for media to Athletes must submit third- to apply for a spot on apply for press passes quarter athlete location the U.S. Anti-Doping to the 2012 Olympic forms for Out-of-Competition Agency board of directors Summer Games doping control tests

ILLUSTRATIONS BY PETER & MARIA HOEY; PHOTOS: SHUTTERSTOCK TV CONTRACTS College Football: The Tail That Wags the Dog ESPN If you’ve ever doubted that football drives college sports, $500 MILLION look no further than these television contract numbers. 4 years Attracting about $33 million/game, the BCS swamps both hoops and baseball. —Matthew Schwartz $33 MILLION per game

EVENT TERMS CONTRACT YEARS NETWORK(S) DEAL SIGNED

Bowl Championship Series $500 million/4 years 2011-2014 ESPN November 2008 (Fiesta Bowl, Orange Bowl, Sugar (approximately $33 million/game) (Fiesta, Orange, Sugar) Bowl, BCS National Championship) 2011-2013 (Nat’l Title) *Rose Bowl is aired on ABC

NCAA Men’s Basketball $10.8 billion/14 years 2011-2024 CBS, Turner Sports April 2010 Tournament (approximately $12 million/game) *CBS and TBS will switch (games shown on CBS, Final Fours each year TNT, TruTV, and TBS) starting in 2016

24 NCAA Championships $500 million/13 years 2011-2024 ESPN December 2011 (includes women’s basketball, (approximately $2 million/game) December 15, 2011 to (across multiple College World Series for baseball *Prior contract was $200 the end of 2023-24 platforms including and softball) million/11 years school year ESPN, ESPN2, ESPNU, ESPN3, ESPN Mobile)

June 25, 2012 July 16, 2012 July 18, 2012 Final nominations for 30 IOC assumes responsibility Rule 40—which limits advertising appearances players and replacements for doping control during the by athletes and other participants—takes to the Women’s Olympic Games, up to and including the effect; it applies until three days after the Soccer Team day of the Closing Ceremony Closing Ceremony

July 9, 2012 July 16 – August 12, 2012 July 23, 2012 July 27, 2012 Deadline for final lists of All participating athletes are Opening of the Start of 2012 Olympic participating athletes, who can subject to random doping testing 124th IOC Session Summer Games in London be replaced after this date only at any time or place, with no in London under exceptional circumstances advance notice required WELCOME OLYMPICS Race to the Top: How to Win the An Olympics Timeline

With the 2012 Olympic Summer Games in London fast Name Game approaching, there are deadlines to be met, decisions to be made, and rules to be enforced. Much is going on behind hen you look at the architect’s rendering the scenes to make sure this year’s games—and the ones of downtown L.A. on pages 4 and 5, what’s coming up—go off without a hitch. —M.S. bound to strike you first is the array of W corporate names lighting up the nighttime sky. Nokia. Staples. Herbalife. And the proposed stadium that would be brought to you by Farmers Insurance. Naming rights, as Bryan Cave Sports & Entertainment Group Co- Chair Steve Smith pointed out in a recent New York Daily News opinion column, can offer cities, states, and taxpayers opportunities to provide and receive services—from sports and entertainment to rental bikes, rebuilt libraries, renovated subway stations, and brand new parks. The trick is finding the right deal, picking the right venue, engaging the public’s imagination, and mastering the skills that are needed to ensure success. Naming rights are also key to the evolution of both this magazine and the law firm that sponsors it. Launching as HRO Sports last fall, this magazine was the brainchild of the September 7, 2013 law firm of Holme Roberts & Owen LLP. In December, HRO Election of the became part of Bryan Cave LLP. In the process, the firm’s host city for the Sports & Entertainment Group became bigger and stronger. 2020 Olympic And so did the magazine, now called Bryan Cave Sports. Summer Games One other thing. What you don’t see in the L.A. aerial shot is the Bryan Cave logo. But zoom in a bit, and there it is, a few floors below the Herbalife logo at 800 W. Olympic Blvd.

January 7, 2013 Mike Winkleman Finalist cities must Editorial Director submit official bid books to IOC for 2020 Olympic SPORTS Summer Games The BoxScore Key deadlines in the march toward the Olympics. Measuring the impact of concussions. Forty years of women in sports. College football rules. November 14, 2012 Official debriefing Starting Block of 2012 Olympic Lessons from the Dodgers’ sale. Should student-athletes be paid to play? What social media—and lockouts—mean for sponsorships. And more… 2 Summer Games Cover Story: The Next Big Game The Roman Colosseum wasn’t built in a day. Neither are the world’s new sports facilities. Here’s how to streamline the process. 4

Q&A: Chuck Wielgus August 12, 2012 “There are many ways to get to the top of the mountain,” says USA 8 End of 2012 Olympic Swimming’s Wielgus. He tells us about a few of them. Summer Games The BoxScore 2 in London Famous athletes fight unlawful use of their photos and likenesses. The upsurge in sports apps. Watching the Olympics. 9

SUMMER 2012 BRYAN CAVE SPORTS 1 MLB starting block Dodging the Next Major League Bullet NCAA The Los Angeles Dodgers entered spring training this year in a state of turmoil. For two years the team Pay-for-Play? had been victimized by the ugly divorce proceedings of Frank and Jamie McCourt, who bought No Way the team in 2004. The team’s ticket sales and win record had both plunged, culminating in a bankruptcy filing. The McCourts finally agreed to sell the Dodgers last November. “Without a stable owner in place, budgeting for things such as free agency and player development is tricky,” says Eric Schroeder, a partner with Bryan Cave. “This situation wave of corruption in college counsel. It’s the nature of the business for any can handcuff sports has led critics of the NCAA sports entity. “Competition would be chaos MAGIC TOUCH a front office to charge that its student-athletes without rules,” he explains. “And you can’t Magic Johnson and distract should be paid to play, rather than have rules without agreement among the par- and company A relieve McCourt. executives from merely given scholarships. In a typical salvo, ties who participate.” the main goal, leading civil rights historian Taylor Branch ar- Bartz argues that a different system would which is fielding a winning team.” gued in The Atlantic last fall that the NCAA cre- damage college sports because marquee sports The team’s financial woes forced ates an illegal cartel that artificially depresses such as football and basketball generate rev- them to pass up free agents Albert the compensation that college athletes can enue that can subsidize lower-profile teams. Pujols and Prince Fielder. But on receive. “College football and basketball do generate March 27, a group including former Not so fast, say Bryan Cave partner Philip D. revenue and interest,” he says, “but it’s the Lakers legend Magic Johnson Bartz and associate Nicholas Sloey. NCAA model that promotes increased oppor- purchased the team, Dodger “The NCAA model is completely lawful un- tunities for competition for other male and fe- Stadium, and a 50 percent stake in der the antitrust laws,” they argue in the Febru- male athletes.” the stadium parking lots for $2.15 ary issue of Bloomberg Law Reports. —Jill Colford billion. On April 13 the bankruptcy Most fans support NCAA sports because judge approved the sale. its athletes are actual students of their schools The McCourt saga could rather than paid professionals, Bartz and Sloey motivate the MLB to perform more say. “If colleges eliminated the academic eligi- Will NCAA Shakeup due diligence when examining bility requirements, then the ‘product’ of col- potential owners, Schroeder says. lege athletics would not be differentiated from azing at the current landscape of It may also get deeper into club minor league professional sports, which are far NCAA sports, some fans might do management. For example, the less popular than college athletics,” Bartz says. Ga double take, as realignment—in MLB’s constitution allows the com- The NCAA’s agreements on academics and which athletic programs move from one con- missioner to remove club employ- amateurism are necessary to create the “unique ference to another—has shifted the conference ees if it is in “the best interests of product of college athletics,” the attorneys panorama into something that is often unrec- baseball.” That might have come in note. No agreements, no product—and there- ognizable. But when the dust settles, what will handy in the case of the McCourts, fore the agreements promote competition in realignment’s net effect be on college athletics? who put family members all over the market of sports, rather than stifling it. Chuck Neinas, the acting commissioner of their front office. The NCAA is no stranger to antitrust litiga- the Big 12 Conference, believes the jury is still —Matt Schwartz tion, says Donald Remy, the NCAA’s general out, as there are still moves to be made. “If you

2 BRYAN CAVE SPORTS SUMMER 2012 FROM LEFT: AP IMAGES; GARY HOVLAND; ROBERT PIZZO; AP IMAGES (2) THE LATEST TRENDS IN SPORTS AND SPORTS LAW LOCKOUTS NFL Lets Fans—and Sponsors—Back In SOCIAL MEDIA Sponsors: Your Newest “Friends”

verage fans aren’t so average in the age of social media. They watch their favorite teams on their HDTVs while A following their fantasy teams on their laptops and exchanging tweets and Facebook posts with friends on their smartphones. This digitally enabled mode of sports consumption is having a profound impact on corporate sponsors. “You need to be where your customers are,” says Michael O. Lynch, former head of global sponsorship management at Visa. “And you need to be there in a relevant and unobtrusive manner.” Today’s fans are more engaged and knowledgeable because No Lions or Eagles or Bears … oh MIDAS TOUCH Lynch explains. they get so much data from my. While football fans fretted Sponsorship “If there was revenue totaled social-media sources. The during last fall’s NFL lockout over about $9.5 bil- no season, then leagues, the teams, and even whether their favorite teams lion in 2011, says our contingency the athletes are developing would be taking the field, advertis- NFL spokesman plans would have Brian McCarthy. their own social ecosystems ers worried as well. What if the been enacted.” through which they can fans didn’t come back when their A chief concern was on the reach fans. teams did? media-buy side. Visa, which spon- “It’s given athletes a more Good news: “The NFL lockout sors the Fox NFL Halftime Report, direct influence on their fan had no significant effect on spon- had commercials to run and base with regard to prod- sorship dollars or fan support,” messaging to communicate. The ucts and services,” says Brian says Michael O. Lynch, former company already had contingency Wilhite, CEO and founder of head of global sponsorship man- plans in place, but had to rush the Amplify Social & Virtual agement at Visa. “If anything, to to get its promotional and ad GOLDEN PAST, Fan Network. “Sponsors can tap into the some degree the stoppage piqued campaigns ready when the labor PLATINUM FUTURE passion between the fan and the athlete.” interest in the league. It’s hard to stoppage ended. Other advertisers Fans once flocked to meet the Babe. That’s a boon for sponsors that recog- live without football in the fall.” faced a similar challenge. Today’s athletes meet nize the new reality. “Social media is the here But the stoppage did make Still, sponsors were able to their fans digitally. and now—and the future,” Lynch asserts. “As planning difficult for corporate respond in time for the season. sponsors, we need to take advantage of direct access to the fan sponsors. “We have a certain time And Lynch says that, based on last base by finding new ways to enhance the fans’ experience and period by which we had planned season’s TV ratings, interest in the enable them to better appreciate their sports.” —J.C. on running NFL promotions,” NFL continues to grow. —J.C

would have told me a decade ago that college “We need to do a better job of protecting Cost Athletes? sports would look like this in 2012, I’d have our student-athletes with regard to travel,” called you nuts,” says Neinas. “This was impos- says Thompson. He notes that many student- sible to predict.” athletes already commit 20 hours per week to Neinas notes that one negative result of re- games and practices, and increased travel will alignment is the deterioration of time-honored further disrupt academics. rivalries. “Teams and conferences developed Both Neinas and Thompson agree that their own cultures and traditions over time, college football television revenue is the ma- and it’s sad to lose those,” he says. jor driver behind realignment, noting that Craig Thompson, commissioner of the even the most-watched NCAA basketball Mountain West Conference, is concerned with games pale in comparison to some of the another byproduct of realignment: extensive lowest-rated NCAA football games when it travel for student athletes, as conferences are comes to viewership. no longer all geographically concentrated. —M.S.

SUMMER 2012 BRYAN CAVE SPORTS 3 THE COVER STORY NEXT BIG GAME THE ROMAN COLOSSEUM WASN’T BUILT IN A DAY. NEITHER ARE THE WORLD’S NEW SPORTS FACILITIES. NOT WHEN CREATING THEM TESTS THEIR DEVELOPERS’ MARKETING, FINANCE, DESIGN, AND DIPLOMATIC METTLE.

BY GARY STERN

n the surface, the Anschutz Entertainment Group’s proposal to build a state-of-the-art, $1.5 billion foot- ball stadium in Los Angeles appears to be a classic win-win proposition. AEG will finance the project itself, and the gleaming edifice promises to bring a blitz of business activity to downtown L.A. But when it comes to modern-day stadium development, nothing is easy. The state had to pass a temporary Olaw to expedite likely environmental suits that could drag on for years. And then there is the pivotal matter of drawing an NFL team to L.A., a city known for its football ambivalence. “We’re ready to go and would like to break ground by the end of the year,” says Ted Tanner, executive vice president of AEG, one of the world’s leading sports and entertainment developers and presenters. “We see our venues as catalysts for their communi- ties, irreplaceable centers that generate taxes, draw housing, ho- tels, and more, and bring enormous energy. It’s not always easy, so you have to bring the highest quality and preparation.” Across the country and around the world, proposals for new sports and entertainment stadiums and arenas have become the focus of enormous interest and debate. The increasingly high- tech projects—which typically combine a convention center, mega-mall, and video arcade with a traditional stadium—of- fer a seductive vision of community revitalization even as they promise to boost regional identity and pride. But doubters can be counted on to predict neighborhood upheaval, unfilled seats, and unpaid bills—especially when public dollars are involved. “The key with these projects is that you have to be prepared for a complex process,” says Ryan S. Davis, a partner and co-leader

ARCHITECTURAL RENDERING COURTESY OF GENSLER RENDERING COURTESY ARCHITECTURAL of Bryan Cave’s Sports & Entertainment Group. “There are a lot

4 BRYAN CAVE SPORTS SUMMER 2012 SUMMER 2012 BRYAN CAVE SPORTS 5 COVER STORY

San Francisco 49ers stadium Cowboys Stadium, Arlington, Texas of constituencies you need to with AEG. “Both are iconic. done and helped AEG se- gain. “There has been more deal with to make it work. You You have to go see it. The cure financing—including scrutiny as funding has gotten have to have a great idea, com- whole fan experience has to $71 million in public mon- more difficult to obtain,” Da- munity support, and a great be great—the shock and awe ey—and obtain land under vis says. A recent case in point team of advisors. You have to of it.” eminent domain laws. After is Minnesota, where lawmak- have patience and resiliency AEG is very selective when AEG built L.A. Live—an en- ers decided to contribute less and recognize that there are it comes to picking markets tertainment complex with money to a proposed new going to be frustrating days.” and designing projects for apartments, restaurants, and stadium than the Minnesota them, says Dan Beckerman, a hotel—next to the Staples Vikings requested, despite Developing the concept the company’s COO and Center in 2008, condomini- threats from the team’s owner The key to making a sports CFO. “There are certain mar- ums and high-end eateries to leave town. facility project viable is to start kets we wouldn’t jump into,” started moving in. “We got When public dollars are with the right concept, says he says. “We might be worried lucky with a bad area the city in play, projects face opposi- G. Kevin Conwick, a senior about the economy in that wanted to fix up,” Conwick tion from both budget hawks sports and entertainment law- market or the ability to deliver says. “Then we got criticized who shun debt and liberals yer with Bryan Cave. The de- programming, sports, or mu- for gentrifying the place.” who prefer to focus on educa- veloper must envision a build- sic. We only take on projects Steven B. Smith, a Bryan tion and social services, says ing that is the right size and we know will be successful.” Cave partner and co-chair of Linda M. Martinez, a Bryan style for a city or region, and the firm’s Sports & Entertain- Cave partner whose practice that will draw sporting events Finding the right site ment Group, notes that devel- focuses on the creation of fa- and musical acts that the com- Choosing the right location opers have to know what zon- cilities such as stadiums. De- munity and local economy for a sports facility is vital, ing challenges they may face velopers need to make a case will support. Then the de- but the options are often and how a proposed facility for “hope over fear” in regard veloper has to line up key limited. Particularly in cities, might affect businesses, neigh- to a community’s long-term sponsorships that will drive available spots are likely to borhoods, and traffic. “What growth, she says. “The mes- revenue and give potential in- be in economically depressed will it take to get an area re- sage has to be very business- vestors confidence. The proj- areas, which can present op- zoned?” he asks. “Will busi- oriented: that there is upside ect needs the right number portunities as well as chal- nesses need to be relocated? for the team and the state and and style of luxury boxes and lenges. “You tend to think of How will the area change?” municipality,” she says. “The premium seating; city fathers site selection as a scientific government needs to value and community leaders have thing, analyzing traffic pat- Dealing with government not just the opportunity for to be won over by images of terns and all,” Conwick says. and community concerns increases in taxes, but for at- a facility that consumers and “But in practice, you’re clearly Not everyone believes that a tracting and retaining compa- tourists will flock to for enter- driven by what’s available and spiffy new stadium or arena is nies with sports, cultural, and tainment, food, merchandise, whether it will work.” When what their community needs entertainment opportunities. cutting-edge technology, and AEG wanted to develop the most. The recession has en- You have to invest in public as- an unforgettable experience. Staples Center in the South couraged critics who say that sembly facilities as infrastruc- “There are a lot of similari- Park district of central L.A. tax money could be better ture, just like schools and high- ties between the new Cow- in the late 1990s, the area was spent elsewhere. Others fear ways. Make the case that it’s boys Stadium and the Roman mostly parking lots around that developers will make time for far-sighted people to Colosseum,” says Conwick, a sleepy convention center. more money from projects not just maintain but to grow who has worked extensively The city wanted the project than the local economy will their infrastructure.”

6 BRYAN CAVE SPORTS SUMMER 2012 AP IMAGES; SHUTTERSTOCK Proposed Minnesota Vikings stadium. BBVA Compass Stadium, Houston

Finding the financing worked for both sides. The Field after Farmers Insurance consider the newest materi- Once a project is on the city is paying its share with Group, which agreed to a 30- als, how to use electricity effi- boards and a possible loca- fees on rental cars and hotel year, $700 million deal. Davis ciently for lighting and sound, tion is identified, the big step rooms. notes that impressive spon- the right HVAC systems, and is finding financing. The first Lining up private inves- sorships have become the new technologies to save and most closely watched tors is not a problem if you catalyst for many projects. water. “We want better use decision is whether to fund a have a good project, Becker- Sponsorship opportunities of resources,” Tanner says. project privately or seek pub- man says. “If you have the are so important that facilities “Plus, it resonates with cus- lic support, Smith says. “The right venue and the right must be designed to maximize tomers and communities if big question is what is the programming, there is still a marketing opportunities, says food waste is being dealt with public responsibility and how strong appetite in the finan- Conwick. “You have to talk to and toilets are low-flow.” do you get approval for it,” he cial community to put their the architects about incorpo- says. Developers often seek money to work,” he says. A rating sponsorship possibili- Moving the process along creative financing methods big part of the puzzle today ties into the design. You want No one expects sports facility advertisers to have as many projects to become easy to de- opportunities as possible to liver anytime soon. There are You want to lock in stable, blue-chip meet their goals.” The design too many interests involved companies with long-term contracts.” must also include luxury boxes and too much money at stake. and suites that will appeal to “It will remain somewhat dif- such as tax-increment financ- is selling naming rights and local companies and sponsors. ficult because municipalities ing, which uses future sales or sponsorships. aren’t doing well and don’t property tax gains to pay off Making a facility have much money to kick ‘‘bonds for development costs. Sponsorships lead the way affordable and efficient in,” Smith says. “But you can “You don’t have to go to the Modern stadium and arena Once they’re up and run- make enough money to make taxpayers to pay down the projects have come to depend ning, stadiums and arenas are it work for everyone.” The bonds,” Smith says. on naming rights and other expensive to operate. They availability of other funding Some of the major stadi- sponsorships, which bring in must be designed for efficien- sources, though—from cor- um projects of recent years— big money in exchange for cy, which means they must porate sponsorships to the Cowboys Stadium, MetLife smart marketing. “Our model minimize energy or water $200 million that the NFL is Stadium in East Rutherford, is to generate as much con- waste, promote recycling, and contributing to a new stadium N.J., and Marlins Park in tractual revenue as we can,” be easy to clean and maintain. for the San Francisco 49ers— Miami, among them—have Beckerman says. “You want “These are things the general still make sports facilities an tapped various streams of to lock in stable, blue-chip public might not notice that enticing option for develop- public money. Plans call for companies with long-term can contain costs,” Conwick ers, investors, and municipali- these public costs to come contracts.” AEG sold the says. “You can also put solar ties with sports and musical from various sources, such as naming rights up front for panels in baseball stadiums to stars in their eyes. future payments from devel- The O2 in London, the Home run scoreboards, which some “Does a city or state want opers or tourist taxes. Depot Center in Los Angeles, people appreciate.” to say, ‘We don’t believe Beckerman points to and the new BBVA Compass Large facilities must be enough in our future to invest the Sprint Center in Kansas Stadium in Houston. The sustainable in every possible in a stadium’? Probably not,” City as an example of a pri- proposed L.A. football sta- sense to help the bottom line, Martinez says. “They want to vate/public partnership that dium will be called Farmers Tanner says. Planners must believe in the next big game.”

AP IMAGES SUMMER 2012 BRYAN CAVE SPORTS 7 Chuck Wielgus EXECUTIVE DIRECTOR, USA SWIMMING Wielgus has led USA Swimming, the sport’s national Q+A governing body, since 1997. USA Swimming counts more than 300,000 swimmers, coaches, and volunteers as members and has a staff of 75. By Jill Colford

How does swimming rank exposure, and we’ve helped clubs in popularity? become stronger. The Sporting Goods Manufacturers Association does an annual state- Describe your management style. of-the-industry report comparing I always try to keep two things in people’s aspiration to swim versus mind: one is the long-term vision, other sports. We’re either one, and two is what we need to do to two, or three, depending on the execute against that vision. I like age group. We’re No. 1 with kids 6 to think it’s one of my strengths to 12 and adults 65 and over. to be able to move back and forth between sharing and communicat- Why so popular? ing our long-term vision and then— Swimming is seen as a healthy, without being a micromanager—re- wholesome sport that has carry- ally paying attention to the details. “There are over values. It’s a sport you really many ways have to work hard at. That trans- How did this style develop? to get to the lates into kids who are disciplined I spent a number of years as a top of the and get good grades. These values high school coach, where you are attractive to parents. Also there paint the big picture, inspire when mountain.” is a safety factor: drowning is the appropriate, and alter course or second-leading cause of accidental behavior when necessary. I try to death in kids under the age of 14. do that in a constructive, produc- tive, moving-forward way. Also, I What kind of boost do the surround myself with people who Olympics provide? complement each other. It’s much Our membership almost religiously like building a sports team. You bounces up about 1 to 2 percent a wouldn’t want a basketball team year—except in post-Olympic years of all point guards. when it spikes about 7 percent. But after the Beijing Olympics, it spiked The U.S. swim team is a 11.5 percent, which is attributable great sports dynasty. to Michael Phelps. How do you explain that? There are a couple of factors. What is your proudest moment? There is NCAA swimming, which About 12 years ago, I led a cam- provides facilities, paid coaches, paign to double our membership and competition opportunities dues. I made the case we would that don’t exist for other athletes. be able to increase money that Also, many sports refer to their could be reinvested in the sport athlete “pipeline,” whereas we use to help promote it, reinvest in our the word “pathway.” We believe grassroots program, and provide there are many ways to get to the greater support to our national- top of the mountain. We have a team program. The end result much more complicated system, has been that athletes have been but one that shows greater able to stay in the sport longer, respect for the individuality of we’ve received more television athletes and coaches.

8 BRYAN CAVE SPORTS | SUMMER 2012 LANCE JACKSON the boxscorE CONSENT

Looks Like… MOBILE At the heart of a spate of lawsuits are companies or organizations accused of using athletes’ images, photo- Sports Lovers Love Apps, Too graphs, or likenesses for commercial Apps give sports lovers and athletes the chance to take their obsession to go. purposes without their consent. Here are just two of the thousands of sports apps that have emerged recently: FAMOUS FACE Hawaiian startup parWinr gives new mean- and food diaries for runners, cyclists, Bill Russell 7, 5 7 0 ing to “get in the game.” The company, walkers, and triathletes. Friel co-founded ORGANIZATIONStatus iPhone sports apps headed by a computer science professor Peaksware to help make this data easily NCAA 2,484 at the University of Hawaii, uses its propri- accessible. Where athletes and coaches were THE CLAIMRussell is only the iPad sports apps etary technology to allow sports teams and once reliant upon fax machines and printed NCAA useslatest athletes’ to join thislikenesses suit in their sponsors to create interactive games spreadsheets to share training data and highlightsfirst to filed promote in 2009 NCAA events 1,700 on top of YouTube sports videos. food diaries, Peaksware’s TrainingPeaks soft- and to sell merchandise without Windows Phone Jan Stelovsky, president and CEO of ware allowed data to be collected, analyzed, consent orFiled payment April 25 sports apps ParWinr, says ParWinr will enhance the online and shared electronically. In 2011 Peaksware STATUS sports-viewing experience and strengthen the made that data even more accessible by Russell is Inonly March the latest2012, to join this 779 bond between users and their favorite teams adapting its software to mobile devices. suit firstfederal filed injudge 2009 denied Android sports apps and sponsors, while allowing those teams Coaches create plans and publish them a motion from EA to and sponsors to repurpose promotional and to the TrainingPeaks store, where athletes FAMOUSdismiss FACE branding material into engaging games. The can purchase them and access their personal Jackie Joyner-Kersee app is slated for release later this year. As for data from any computer, iPhone, iPad, or ORGANIZATIONLeaf sued Luck the company name? Stelovsky wants gamers Android device. Peaksware counts as clients Samsungafter Luck’s at- to be “on par with the winners.” Ironman Triathlon World Champion Craig THE CLAIM Former professional cyclist Dirk Friel Alexander and British cycling squad Team Sky, Samsung’s “Olympic Genome Project” knew that data fragmentation was a major including Olympians Mark Cavendish on Facebook uses athletes’ names and impediment to tracking training regimens and Bradley Wiggins. —M.S. faces without consent and suggests they endorse Samsung products DID YOU KNOW STATUS Filed April 25 Number of hours of TV coverage planned by NBC Universal for the 2012 Summer Olympic Games in FAMOUS FACE London (all NBC networks included) Vince Ferragamo ORGANIZATION Electronic Arts 180Number of hours of TV coverage 28More than 28 times years provided by ABC for the 1984 Summer THE CLAIM the coverage… Olympic Games in Los Angeles EA is using the likeness of retired 5535 players (6,000 in lawsuit) in Madden NFL video games without paying SPORTS licensing fees STATUS THE LAST WORD IN SPORTS BUSINESS AND LAW In March 2012, a federal judge de- nied a motion from EA to dismiss A Custom Publication Produced for Bryan Cave LLP Disclaimer: The information contained in this by Leverage Media LLC, Dobbs Ferry, NY publication is provided for informational purposes FAMOUS FACE only. It is not legal advice and should not be construed Editorial Director Michael Winkleman Andrew Luck as providing legal advice on any subject matter. Art Director/Designer James Van Fleteren ORGANIZATION Editor Richard Sine Advertising Material Leaf Trading Cards Production Director Rosemary P. Sullivan © Copyright 2012 by Bryan Cave LLP. All rights reserved. THE CLAIM Copy Editor Sue Khodarahmi Company does not have the right Cover Art Gensler LEVERAGE MEDIA IS A MEMBER OF THE CUSTOM CONTENT COUNCIL. to use his image on a trading card BRYAN CAVE LLP STATUS Leaf sued Luck after Regional Director of Marketing and Luck’s attorneys sent Leaf a Business Development Mary Cox Kimber cease-and-desist letter —J.C.

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* Chambers commented that the sports practice “offers the best possible client service.”

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