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Week(s) in Review

By Ben Natter

Led Zeppelin Denied Legal Fees

Judge Gary Klausner ruled that the defendants in the Led Zeppelin trial are not entitled to recoupment of $793,000 in legal fees and other costs due to the copyright infringement lawsuit being frivolous (the suit was not frivolous). Zeppelin's insurance company had denied the claim based upon the fact that it stemmed from a song written in 1971. The standard of review for attorney's fees in a copyright infringement suit hinges upon the objective reasonableness of the losing party's position.

http://www.rollingstone.com/music/news/led-zeppelins-attempt-to-recoup-stairway-trial-legal-fees-denied-w433386

http://thetmca.com/the-u-s-supreme-court-clarifies-standard-for-award-of-attorneys-fees-in-copyright-cases/

National Football League Clears Peyton Manning of Doping

The National Football League (NFL) cleared Peyton Manning of accusations made in an Al Jazeera documentary that he had used Human Growth Hormone (HGH). Manning, after winning the Super Bowl this past February with the Broncos, has since retired from the NFL. The report alleged that an anti-aging clinic in Indiana had shipped HGH to Manning's wife. Manning acknowledged being treated at the clinic, but denied taking HGH.

The documentary, which aired last winter, was based upon recorded conversations and accusations by Charles Sly, a pharmacist and former intern at the clinic in Indiana. Sly later recanted his accusations, but some alleged that he was bullied and/or enticed by Manning.

The documentary named many Major League Baseball and NFL players; however the NFL appears reluctant to continue investigations of athletes mentioned in the documentary. Taylor Teagarden, a baseball player, was seen in the documentary admitting to taking banned substances. MLB suspended him for 80 games.

Most of the athletes named in the report are clients of Jason Riley, a fitness trainer based in Florida. Riley and Sly are former business partners.

http://www.nytimes.com/2016/07/26/sports/football/peyton-manning-nfl.html?_r=0

NFL Adopts New Rules to Back Concussion Protocol

NFL teams will be subject to large fines and potential loss of draft picks if they fail to follow the NFL concussion protocol if it is suspected that a player has sustained a concussion. The new rules were recently announced together by the NFL and the NFL Players Association.

In the past, the NFL was criticized for lack of enforcement of its protocol with respect to concussions. Under the new rule, teams that are found to have violated the protocol can be fined up to $150,000 for a first violation and a minimum of $100,000 for subsequent violations. If the reason for the violation is determined to be competitive, the commissioner can force the team to forfeit draft picks.

A committee was established to review injuries in correlation to playing on artificial turf. Players consistently complain that the artificial surfaces are less forgiving than natural grass.

http://www.nytimes.com/2016/07/26/sports/football/nfl-concussion-protocol-new-rules.html

Inquiry Finds Widespread Disorder at New York Athletic Commission

A report by the New York Inspector General described the New York Athletic Commission, the state agency that regulates boxing and will soon regulate Mixed Martial Arts, as highly disorganized and ripe with corruption. The report comes after the former athletic Commission director, David Berlin, was removed by Governor Cuomo after the former's criticism of the Commission's chairman, Thomas Hoover. The report highlighted the treatment received by Magomed Abdusalamov following a 2013 fight at Madison Square Garden. Abdusalamov was instructed to hail a taxi to get to the hospital and was not provided Russian translation services. He later suffered a stroke and remains paralyzed.

The report also discussed Mr. Hoover attempting to appoint his friends to prominent positions even though they lacked qualifications.

http://www.nytimes.com/2016/07/26/sports/boxing-new-york-inspector-general-athletic-commission.html

Artist Accused of Disowning a Painting Testifies

Artist Peter Doig took the stand in Chicago to testify in a case involving the provenance of a painting he claims he did not paint. Doig is being sued by the owner of the painting and a Chicago based art dealer. The owner claims That Doig painted the work while incarcerated in Canada in the 1970's, and he purchased the work from Doig to prevent him from going back to selling drugs. Doig's attorneys claim to have located the sister of the true artist behind the work, Peter Doige. Records from the prison system and of the plaintiff Doig's whereabouts are not clear during the 1970s. The painting does resemble Doig's work, and if authentic, can fetch in the neighborhood of $10 million.

https://www.theguardian.com/artanddesign/2016/aug/09/peter-doig-court-case-painting-authenticity

National Hockey League Commissioner Gary Bettman Continues to Deny CTE Link

In response to an inquiry from Senator Richard Blumenthal of Connecticut, a ranking member of the Senate's Consumer Protection subcommittee, Gary Bettman answered a number of pointed questions related to concussions and the National Hockey League (NHL). Bettman, aware that the responses could potentially be used as part of the class action concussion suits against the NHL, submitted careful answers in legalese that denied a definitive correlation between CTE and concussions. Email messages between deputy commissioner Bill Daly and Bettman dating back to 2011 show that the NHL was aware of fighting and a correlation with depression and suicide amongst its players.

http://www.nytimes.com/2016/03/29/sports/hockey/nhl-emails-link-concussions-fighting-bettman.html

Brooklyn Rapper, Charged in Shooting, Sues Club and Promoter

Troy Ave, a rapper who is charged with attempted murder following a shooting at Irving Plaza during which his bodyguard was murdered, is suing Irving Plaza and Live Nation, the latter being the company overseeing the club, for failing to provide adequate security in the VIP room. The rapper claims that he picked up the gun in self-defense during the melee and is seen on film firing one shot.

http://www.nytimes.com/2016/08/09/arts/music/troy-ave-irving-plaza-lawsuit.html

Report Says Big Money College Sports Draw Most Major Infractions

A study of NCAA Division I infractions from 1953 to 2014 showed that basketball and football, the two sports with the most revenue, account for 83% of infractions. The study was conducted by Temple University Sport Industry Research Center for the N.C.A.A. Division I Committee on Infractions.

http://www.nytimes.com/2016/08/10/sports/report-says-big-money-college-sports-draw-most-major-infractions.html

Federal Court Blocks New Jersey Plan to Legalize Sports Betting

The United States Court of Appeals for the Third Circuit ruled against the New Jersey plan to offer sports gambling inside its casinos. The court struck down a law passed by New Jersey in 2014 that would have provided a boost to the suffering Atlantic City casinos and to the New Jersey economy. Sports betting in Nevada had $4.2 billion in wagers last year. The court found that New Jersey's proposed plan was in violation of the 1992 Professional and Amateur Sports Protection Act. It was anticipated that the law would be shot down, however the proposed law represents a trend towards legalizing sports wagering across the country.

http://www.nytimes.com/2016/08/10/sports/federal-court-blocks-new-jersey-plan-to-legalize-sports-betting.html

U.S. Court Blocks Federal Communications Commission Bid to Expand Public Broadband

An Ohio appellate court ruled earlier this week that the U.S. Federal Communications Commission (FCC) could not block two states from setting limits on public broadband expansion. This decision was seen as a win for private sector providers of broadband internet and a defeat for the FCC, the latter of which has been seeking to expand public broadband access. The FCC was relying on the Telecommunications Act of 1996 for the authority to preempt state laws to speed broadband deployment. The appellate court found that the FCC still did not have sufficient authority.

http://www.theverge.com/2016/8/10/12426672/fcc-municipal-broadband-order-overturned-appellate-court

Soviet Had State-Backed Doping Plan for '84 Olympics

The New York Times, quoting a document signed by Dr. Sergei Portugalov, former head of the Soviet Era government run sports medicine research center and former chief of the Russian Athletics Federation, reported that the Russian government had a protocol in place for Soviet athletes doping with anabolic steroids prior to the 1984 Olympic games. The document was obtained from a former chief doctor for the Soviet track and field team.

http://www.nytimes.com/aponline/2016/08/13/sports/olympics/ap-oly-russian-doping.html?_r=0

International Paralympic Committee Bars Russian Athletes

The International Paralympic Committee barred Russia from global competition by a unanimous vote which is in line with the Committee's public statements in July. Paralympic officials have taken a stance in contrast from their Olympic counterparts, who refused to ban the country from competing after the discovery of state sponsored doping. "Their unanimous decision goes a long way towards inspiring us all," said Travis Tygart, head of the United States Anti-Doping Agency

http://www.nytimes.com/2016/08/08/sports/olympics/russia-not-allowed-to-compete-in-paralympics.html


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This page contains a single entry from the blog posted on August 13, 2016 3:39 PM.

The previous post in this blog was EEOC Task Force Identifies Key Components of Effective Harassment Reporting Systems and Investigations.

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