The 2016 Entertainment and Sports Law Conference
Sponsored by Osgoode’s Entertainment and Sports Law Association, the eighteenth annual Entertainment and Sports Law Conference took place at the Metro Toronto Convention Centre on 4 March 2016. The long-running and highly successful conference brings together some of the top IP, entertainment, and sports professionals to talk about recent developments in the law and their respective fields. It is also a great opportunity for students to network with lawyers who work in these areas and gain some practical career advice with a panel dedicated specifically toward forging a career in these areas, as well as a reception held after the conference is over. If you are considering trying to enter these fields, or are just interested in sports and/or entertainment (and who isn’t), I highly recommend checking it out next year!
I happily got a chance to chat with the person who holds my dream job—Matthew Shuber, VP of Business Affairs and Legal Counsel for the Toronto Blue Jays. Mr. Shuber, who was a panelist in the “Business of Sport – Brand Management” session, said that when he was in law school, he was convinced he was going to be a criminal lawyer. He articled and worked for a criminal law firm for five years before realizing it wasn’t for him, and happily ended up where he is now. I love hearing stories like this as it makes me feel better about not being exactly sure what I want to do with my own career. It was great talking to him about the rather unusual role that the Blue Jays organization plays in MLB, being the only Canadian team in the league. He said that although it certainly makes some things more challenging, it also gives him a level of freedom that a lot of the other teams don’t have, such as in negotiating media contracts.
My favourite panel of the day was on “Legal Issues in Sport and Ethics in Sport Governance,” which consisted of a spirited back and forth discussion between Eric Macramalla, a partner at Gowlings and Legal Analyst at TSN, and David Goldstein, a member of the Cassels Brock Sports Law Group. The first half of the talk centred around a topic near and dear to my heart, having written about it earlier this year for the Obiter: Deflategate. The case has recently gone back to the courts on appeal, and although Tom Brady’s lawyer was successful at the trial level, mostly due to his focus on improper notice given by the NFL, it looks like the three judges on the appeals bench are focusing on the phone evidence (Brady had his phone destroyed during the initial investigation). This is a rather unusual move for an appeals court since generally speaking the factual record is not at issue. If the judges continue to be concerned about the phone things aren’t looking too good for the NFL’s golden boy (and for anyone who has Brady in a keeper league).
Also discussed in depth was the MLB’s new domestic violence policy, implemented at the end of last season, and what I personally think is a huge step in the right direction for baseball. Under the policy, the commissioner can investigate any allegations involving sexual assault, and suspensions can be handed out regardless of criminal charges or convictions. There is also no maximum penalty under the policy, which has raised concerns that the commissioner might be given too much power, creating an issue we see all too well in the NFL. The first suspension was given to Aroldis Chapman, who was alleged to have choked his girlfriend and fired off gunshots in his garage. Although the DA felt there was not enough evidence to press any charges, the MLB quickly came out and suspended him thirty games.
What is most surprising in this situation is the fact that Chapman is not appealing the decision, since the union that represents players in the league (the MLBPA) tends to appeal all suspensions as a matter of course. Eric Macramalla said during the panel that he suspects something came out in the MLB investigation that has not been released to the public, and the result is that now the MLBPA is in a bad bargaining position, with the precedent set at a thirty-game suspension for allegations that were never proven. Former Blue Jays shortstop Jose Reyes is likely to be the next player who will face discipline under the new policy, and considering that he was actually arrested and charged for abusing his wife while on vacation in Hawaii, the league is likely—and rightfully—to treat this as an exceptional case. Reyes will definitely miss at least part of the upcoming season, as he is currently on indefinite suspension (with pay, for now) pending the results of his trial, which is slated to start on 4 April.