Bennett Liebman Archives

April 14, 2009

Your Albany Top Ten List

By Bennett Liebman

Many entertainment, arts, and sports law practitioners in New York look at Albany as some sort of foreign land. It’s almost like the old Saul Steinberg New Yorker “View of the World” cover. This time, instead of looking west, we look north with entertainment and arts civilization ending at the Bronx –Westchester border. There might be dots in the picture for outposts like Woodstock, Saratoga Springs, or Caramoor, but basically any locale north of New York City would be deemed a cultural wasteland. How can a town with arcane ways and less than 100,000 people determine the entertainment and arts policies governing the nation’s – if not the world’s - entertainment and arts hub? It’s like Sparta exercising artistic dominion over Athens, or if the Philistines had defeated the Israelites.

One of the major legislative issues has already been resolved. That is the sales tax on admissions issue. Governor Paterson in his budget had initially proposed to extend the sales tax to various amusement charges. He anticipated that this action, when fully implemented, would have increased state revenues by $70 million. The budget plan extended the State’s 4% sales tax and any applicable local sales tax to admission charges. Thus, per the State Budget division, there would have been a sales tax imposed “for admission to horse racing tracks, boxing and wrestling events, live dramatic and musical arts performances, circuses, motion picture theaters (whether or not to see a movie), and places where patrons will participate in a sport such as a swimming, bowling, tennis, etc.”

The provision was adamantly opposed by Broadway theaters, ski resorts, and bowling alleys. The New York Times even wrote an editorial against its application to Broadway stating “An entertainment tax should certainly stay in that mix, especially when it comes to thriving businesses like movies, sports events, concerts and dog shows. When it comes to Broadway, only a smaller levy makes sense -- and even that should be short term.” The Governor withdrew this proposal and a host of so-called “nuisance” taxes on March 11 and replaced them in his budget with federal stimulus funds.

Without trying to decipher Albany’s ways, this is an attempt to develop a top ten list of the initiatives in Albany that are likely in 2009 to affect the arts, entertainment, and sports fields. It’s where the netherworld meets the entertainment world.

10. Mixed Martial Arts Legalization – This recession seems to be the most likely time for an attempt to legalize mixed martial arts competition. It may be the fastest growing sport in the nation, and its proponents are likely to claim that he sports’ legalization will have a significant positive economic effect on New York.

9. Video Lottery Terminals at Racetracks – Video lottery terminals are instant lottery tickets that are dispensed in a manner that makes them indistinguishable from slot machines. They are now at all the State’s harness racing tracks. Negotiations with an ostensible winning bidder to bring VLT’s to Aqueduct Racetrack in Queens failed this month. Current state law prevents VLT’s from being used at Belmont Park on the Nassau-Queens border. Will VLT’s be expanded to include Belmont, which could bring in hundreds of millions of dollars to the State? Will the negotiations over Aqueduct be resolved? Will efforts be made to expand the definition of a lottery to include electronic table games and/or traditional slot machines? What composer Frank Loesser in Guys and Dolls might have called the “oldest established permanent floating gambling debate” will certainly continue in Albany.

8. Baseball and Brodsky- Powerful and outspoken Assemblyman Richard Brodsky of Westchester County has been engaged in a running war with New York Yankee president Randy Levine over the financing of Yankee Stadium. Brodsky has challenged the financing as corporate welfare for the richest team in baseball. He has called on the IRS to review the stadium deals of both the Yankees and Mets. The Yankees through Levine have accused Brodsky of political grandstanding. The issue becomes what the end game for each of the participants is and what impact there will be on the sports teams and the taxpayers of New York.

7. Stimulus money – It may not be a legislative issue, but a major issue facing the entertainment industries will be whether they can access federal stimulus moneys. For example, will there be federal stimulus money available to help construct Bruce Ratner’s Atlantic Yards project which is supposed to house the stadium for the relocated New Jersey Nets? Will there be stimulus funds for Broadway theaters or for arts projects?

6. The OTB’s – With the horse racing industry seeming to crater in New York State and in the nation, what will become of the six regional OTB’s in New York State. The commercial racetracks all have video lottery terminals. The New York Racing Association has considerable State support and is on the verge of having VLT’s. But the OTB’s – which are six separate public benefit corporations – have little backup. There is a State task force that is supposed to report on the overall issue, but issues of privatization, consolidation, and shared services have proven difficult in the past to deal with.

5. Ticket Resales – Major issues have sprung up nationwide over the resale practices of companies offering concert tickets. There have been incidents in the United States and Canada where concert ticket go up for sale at Ticketmaster, are quickly sold out, and then reappear at high prices on, a reseller of tickets owned by Ticketmaster. This has become an issue that attorney generals and legislators are likely to review. If there are going to be probes of resalers, it is also likely that these investigations will look at fees and service charges of the ticketing companies. The proposed merger between Ticketmaster and Live Nation is also likely to be subject to legislative criticism.

4. Museum Art Sales – With endowments shrinking due to the massive losses of the stock market, some museums have resorted to selling portions of their collections to pay their operating costs. This is a practice that has been frowned on by much of the museum world, which does not believe that works of art should be used to monetize museum collections.
To accomplish this goal, the omnipresent Assemblyman Brodsky has introduced A. 6959 which would create rules for deaccessioning items in a museum's collection and which would regulate the use of funds received from deaccessioned items. Museums would be required to adopt a binding collection management policy and a mission statement. Items can only be deaccessioned if certain criteria have been met, and “any museum disposing of an item must make a good faith effort to sell or transfer such item to another museum in New York state.” Proceeds derived from the deaccessioning items from a museum’s collection may not be used for normal operating expenses. It remains to be seen if this legislation will be regarded as overly burdensome by much of the museum community and encounter significant resistance.

3. Broadway Generally – With a slew of 13 play closings on Broadway in January and a depressed market in general, the Broadway theaters are looking to Albany for some measure of relief. In the best of all possible worlds, they would like to see some Broadway theater credit much in the same manner as the film production credit. Budgeteers in Albany might tend to view the Broadway stage as a captive industry. Unlike the film industry, it cannot pick up and move to a different state or province. Thus, they may be unlikely to find money for Broadway when Albany is already under fiscal stress. Will there be other measures such as Assemblyman Brodsky’s bill A. 5062 which would authorize the State Power Authority to provide electricity to Broadway and off-Broadway theaters, or will Broadway be fortunate to thank its lucky stars that the sales tax on admissions was not extended to Broadway shows?

2. The Film Credit – In last year’s budget, Governor Paterson and the legislature passed a film production credit which granted film and TV companies get a 30% tax break on production costs for shows shot in New York. This credit has proven so popular that its funds have been depleted, and there may not be enough money in the upcoming budget to continue to supply the credit. Governor Paterson in his budget did not propose to increase funding for the credit. Because of the uncertainty over whether the credit will continue, at least one television show, Fringe, has announced it will leave New York for Vancouver, and others are considering leaving as well. Both the studios and the labor unions have lined up in support of full funding for the credit and making the credit permanent. The AFL- CIO is in support of this tax break stating, "As the legislature debates the 2009 budget, it is imperative to give this program certainty for thousands of workers. ... We are losing jobs right now. Good-paying union jobs with benefits are leaving New York.”

This is a big ticket lobbying number. In 2009, Steiner Studios in Brooklyn reported over $125,000 in lobbying expenses on this issue last year. The Motion Picture Association of America, which was involved in other issues as well, reported over $235,000 in lobbying expenses in New York in 2008. Again, this is an issue where we may see some resolution when the State budget is passed. If the budget does not address this issue, it is likely to be around throughout the session.

1. The Dead Celebrities Bill- This is the issue which flared up at the conclusion of the 2008 legislative session involving the privacy and publicity rights of the estates of deceased celebrities. A huge publicity effort was mounted in Albany last June to obtain legislation similar to California’s Dead Celebrities Bill which was passed in 2007.Much of the lobbying effort was fueled by the estate of Marilyn Monroe. The Monroe estate (Marilyn Monroe LLC) reported $120,000 in lobbying expenses last year to pass this legislation. Numerous other groups were concerned about this issue as well including the Association of the Bar, the Broadcasters Association, the Broadway League, McGraw-Hill, the Motion Picture Association, the Screen Actors Guild, and the Cable TV Association. Another huge fight seems a sure thing in 2009. It is Albany’s answer to the Battle of the Network Stars, and it’s a sure thing that this battle of the dead celebrity stars will be more entertaining than most of the films and television shows that the dead celebrities starred in.

Bennett Liebman is the Executive Director of the Government Law Center of Albany Law School. He also serves on the board of directors of the New York Racing Association.

June 26, 2009

Libel Tourism Legislation

By Bennett Liebman

For large parts of the 20th century, the New York State legislature set the agenda for legislation that would be subsequently passed in other statehouses. It is regrettably no longer the case today, as the New York State legislature is more often noted for its alleged incapacity and dysfunction rather than for its transformative qualities.

Yet, the 2008 legislation that New York State passed on "libel tourism" may end up being a national model. Other states are following the New York example, and the United States Congress may also end up following the New York State model on libel tourism.">More ... (PDF)

December 8, 2009

21st Century Dreidel

By Bennett Liebman

The gambling game of dreidel has become synonymous with the Jewish festival of Hanukah. A dreidel is a four-sided square top, which has four Hebrew letters on each side. The letters are Nun, Gimmel, Hay and Shin, which stand for the Hebrew phrase "nes gadol hayah sham", a great miracle happened there, which in turn symbolizes the marvel that the oil at the initial Hanukah celebration burned for eight nights and days.

The game operates much as a prehistoric dice game. It is played typically for a penny, but also for candy, matchsticks or other tokens. All the players ante up to begin the game. Each spin of the dreidel has four equally likely outcomes. The chances that a Nun, Gimmel, Hay and Shin are all one of four. The players take turns spinning the dreidel. If the letter Nun (N) comes up, there's no payoff, and play passes to the next player. If Gimmel (G) comes up, the player collects the entire pot, and everyone contributes a penny to form a new pot. If Hay (H) comes up, the player collects half the pot. If Shin (S) comes up, the player adds a penny to the pot. After each spin, the dreidel is passed to the next player. The whole pot needs to be replenished only after a Gimmel is spun. The game continues until one player owns the entire pot or until some agreed upon stopping point.(1)

This game has been played for centuries, and the fact is that while small children, or individuals who have consumed an excessive amount of schnapps, might enjoy it, the game is at best slow and tedious. It is hardly the crack cocaine of gambling. It is far closer to the Sominex of gambling. Also at least according to one mathematical study it is an unfair game. The first player who spins the dreidel has a better chance of winning than the second player, and on and on.(2)

The thought here is that the game of dreidel needs to be retooled for the 21st century. It need not be your zayde’s game of dreidel. The payoffs need to be increased. The pace of the game needs to be sped up, and there ought to be a way to involve all the players while one player is spinning the dreidel.

It might be best if the game of dreidel could be combined with the best elements of the gambling game of craps. Two dreidels would be utilized, and the game would be played against a bank – rather than against the other players. All players could bet on all spins of the dreidel, and there would be the opportunity to win (or lose) real money. In short, it might actually be an interesting game.

Many skeptics might claim that the game of craps has seen better days, and that it reached its peak during the era of Nathan Detroit and the Rat Pack. Even if that is an accurate assessment of the current state of craps, it is far better than the game of dreidel which probably peaked in popularity during the age of Maimonides.(3)

Here’s how the basics of the 21st century dreidel game might be played. I have little training in statistics so the odds calculations are rudimentary. As a casino game, 21st Century Dreidel could be designed to insure a house edge on all wagers, but the edge would not be the same for all wagers. It could also be played as a friendly game with almost no edge to the house. I have tried to use traditional craps terminology to describe possible wagers.(4)

Basic Play:

Pass Bet – (Even money) On the first spin or the “coming out” roll, the “pass” bettors win on any doubles. Any other result becomes the point. Let’s say the point is N-S. If the payer spins an N-S before spinning any double, the “pass” bettors win. If the player spins any double before spinning N-S, the “pass” bettors lose. This is truly an even money bet. If this was a casino which needed a small house edge, you might make the “pass” bettors lose on a double S on the first spin.

Don’t Pass Bet - (Even Money) This is the reverse of the pass bet. On the first spin, the “don’t pass” bettors lose on all doubles. Once the point is established, the “don’t pass” bettors win if a double comes up before the point is spun. The “don’t pass” bettors lose if the point is spun before a double. Again, this is a 50-50 bet. A casino might want to charge the “don’t pass” player double for a double S on the first spin.

Similarly “come” bets and “don’t come” bets (Even Money) would work in the same fashion as “pass” and “don’t pass” bets after the point has been established. Again the odds are exactly even money for these bets.

Single Spin Wagers

Any Double (3-1) The odds of spinning a double are 4 of 16. So in order to put the players at the same level as the bank, the payoff should be 3-1. At a casino, the payment to the winning bettor might be 2-1 or 5-2.

2 N’s, S’s, G’s H’s (15-1) The odds of spinning 2 N’s, or any specific double 1 of 16 or 15-1. Again, at a casino, it might be appropriate to maintain a house edge and pay winning bettors at odds of 14-1 or 13-1.

Any N, S, G, H (1.2-1) The odds of spinning at least one N or other specific letter is 7 of 16. This translates into real odds of 1.2-1. The appropriate odds level for a payout both in a casino and at a friendly game should probably be even money.

Any N, S,G, or H but no doubles. (1.67-1) The odds of spinning at least one N (but not 2 N’s) is 6 of 16 or 1.67-1. Again, a casino might only pay out at 3-2.

Point Established Bets – These are wagers that can be placed after the point has been established. It is traditional in craps that the “pass” and can take “pass” line the odds by placing additional wagers on their original bets after the point has been established. (The same is the case for “don’t pass” bettors who can lay the odds after the point has been established. These bets are set at the correct odds. Most casinos will allow the player to double or triple the size of his or her original bet. In 21st century dreidel, the additional “pass” bets would pay off at 2-1. The additional “don’t pass” bets would pay off at 1-2.

Opposite – (Even money) If the point is G-S, then an opposite bet would be that H-N would be spun before the G-S is spun. There are 2 in 16 chances that a G-S would be spun, and similarly 2 in 16 chances of an H-N. The odds are exactly even, and this would be appropriate in a friendly game, if not at a casino. This bet could be utilized whenever the point has been established.

There are clearly other wagers that might be considered in the 21st century game of dreidel. But the point is that 21st Century Dreidel (5) is not just your typical crappy game of dreidel. It combines the best of both craps and dreidel. It has the potential to get people over the age of 10 interested in playing dreidel. It offers plenty of action and the opportunity to win significant money. It could be a popular wager in the state of Israel which regularly ponders the legalization of casinos, (6) and it might prove to be a useful wager for charitable organizations conducting casino nights during the season of Hanukah. Maybe State constitutions, statutes, and rules can be changed to authorize the 21st century game of dreidel as a charitable game of chance. From there, it could be a staple at tribal casinos. Who knows what the limits will be for the 21st century game of dreidel? Maybe we’ll soon have to worry about dreidel specialists shaving dreidels as part of a scheme to produce a higher percentage of Gimmels.

1. For the rules of the game of dreidel, see

2. Feinerman, Robert. 1976. An ancient unfair game. American Mathematical Monthly 83(October):623-625.

3. The Jewish philosopher Moses Maimonides lived from 1135-1204.

4. A craps glossary can be found at: and

5. Other names for the game are possible. Maybe it should be called Crappy Dreidel, Dueling Dreidels, or maybe Dead Sea Stud Dreidel?

6. “BDI: 3 casinos will create 1,200 new jobs,” Globes [online] - Israel's Business Arena December 10, 2003. See also Freidberg and Thompson, “Politics of Casino Gambling: Israel and the Palestinian Authority -An Update,” Gaming Law Review, December 2003, 7(6): 421-426.

July 8, 2010

EASL Legislation in Albany

By Bennett Liebman

With the legislature leaving for the time-being this week, here’s where we are the major pieces of EASL legislation:

1. Dead Celebrities Rights Legislation – S. 6790 was not acted on by either house. No companion bill was even introduced in the Assembly

2. Resale of Tickets – S. 8340- A was passed by both houses. Since this legislation was a program bill of Governor Paterson’s, it is virtually certain to be signed by him. The bill permits the resale of tickets (what used to be known as scalping) until May 15, 2011.

3. The film credit legislation, which was part of the overall revenue bill in the Budget ( A. 9710-D, S. 6610-C), passed only the Assembly. The full revenue package is supposed to be the subject of future negotiation between the Governor and the two houses of the legislature. Again, there is no disagreement among any of the participants in the budget negotiations about the size of the film credit, which is supposed to be $420 million per year for the next five years.

July 13, 2010

Reselling Tickets in New York: 2010

By Bennett Liebman

The ticket reselling saga in New York State reached a measure of temporary closure two weeks ago with the signing by Governor Paterson on July 2, 2010 of legislation (Ch. 151, Laws of 2010; Glenn Bain and Kenneth Lovett, " Gov Paterson Kos Bruce Springsteen's and Other Rocker's Bid to Make Tickets Paperless," New York Daily News, July 3, 2010) which largely reinstated the provisions authorizing the free market in the reselling of tickets. This capped a month and a half period where the laws authorizing the free market in ticket reselling lapsed, triggering the reinstitution of New York State's traditional strict limits on the scalping of tickets.

From 1922 -2007, New York State had a rigorous law limiting the price for which tickets for entertainment events could be resold. (Michael H. Samuels, "New York's Ticket Resale Law Leaves Industry in Limbo," Long Island Business, May 28, 2010. Arts and Cultural Affairs Law, §, 25.30 .1.(c)) There was limited and inconsistent enforcement, and with the advent of the Internet, these strict anti-scalping laws had become antiquated. The anti-scalping law was replaced in 2007 by legislation which established a free market for the resale of tickets coupled with a system under which ticket brokers were regulated by the New York State Department of State. (See. Ch. 61, Laws of 2007 and Ch. 374, Laws of 2007)

The 2007 legislation was set to expire in 2009, and was renewed by the legislature in 2009 until May 15, 2010. (Ch. 68, Laws of 2009) The 2009 renewal renewed the free market in included a requirement that the Secretary of State report on the overall effectiveness of the 2007 deregulation scheme. The Secretary of State reported that the legislation should be renewed. In reviewing the issue of paperless ticketing, she also found that paperless ticketing "arguably cuts down on ticket speculation insofar as the actual purchaser has to be present in order to gain access to the concert venue." (Samuels, note 2 supra)

Nonetheless, the 2010 renewal was hardly easy. The 2010 battle largely involved the issue of the use of paperless tickets. Paperless tickets are tickets issues for an event without any paper whatsoever. They are not e-tickets which can be printed out at home; they are closer to what would be considered electronic personal seat reservations. (Paul Fahri, 'Paperless Ticketing' Aims to Thwart Scalping at Concerts, Sports Events," Washington Post, July 5, 2010) The buyer uses a credit card to purchase the ticket. "The buyer must then go to the venue with the same credit card and a photo ID to gain admittance. A swipe of the credit card at the gate produces a slip confirming the location of the reserved seat." (Id)

This was largely a battle between the primary ticket sellers (Think Live Nation/Ticketmaster which overwhelmingly dominates this market) joined by venue operators and certain artists against the larger ticket resellers (Think StubHub and Razorgator). Over the past few years, a number of artists such as Miley Cyrus and Bruce Springsteen have insisted on a paperless system under which the artist's fans would have direct access to the primary tickets since the paperless system would largely prevent purchasers from selling their tickets on sites such as StubHub. This arguably means "that tickets end up in the hands of fans, not speculators, ... and at the prices established by the performer." ( The proponents of the paperless system also believe that it thwarts counterfeiting and the problem of lost tickets. (Id) They suggest that there is no reason to regulate paperless tickets while the technology is evolving and where technology may resolve these issues.

The difficulty is what happens when the purchaser wants to give a gift of the paperless tickets to his or her friends or relatives. Also, what happens to the would be attendees if the person who purchased the tickets fails to make it to the event? Do the parents of the children who want to attend the Miley Cyrus concert have to actually show up at the venue site to swipe their credit card? Perhaps more significantly, the battle is one between the primary ticket sellers and the secondary ticket sellers. Under a paperless system, the ticket buyer would need to go through the primary ticket seller or its agent to transfer a ticket. The secondary ticket vendors see paperless tickets as "a way for Ticketmaster and other companies to control, and potentially eliminate, that secondary market."(Ben Sisario, "Scalping 2.0: Naming the Ticket's Master," New York Times, June 6, 2010)

On the political side, the fight was largely fought between Governor Paterson (with the State Assembly as an ally) against State Senator Craig Johnson. Governor Paterson supported a requirement that purchasers have a right to a paper ticket (Governor Paterson issued a statement to the press saying, "Specifically, the bill would make it illegal for venues and ticketing companies to prohibit ticket holders from transferring tickets on their own. In many cases, these entities require that ticket holders charge minimum prices and pay substantial service charges just to get rid of tickets that they can no longer use. This important consumer protection will ensure that consumers can give tickets as gifts, and transfer or sell tickets that they cannot use to other people without having to go through the entity from which they originally purchased the tickets. May 18 Statement from Governor David A. Paterson,, while Senator Johnson wanted no restrictions on paperless ticketing. The Assembly initially passed the Governor's program bill (Assembly Bill No. 11108) which required "require that consumers be provided with the option of a transferable ticket at the time of first public sale." (New York State Assembly Memorandum in Support of Legislation, Assembly Bill No. 11108) The Senate, however, only passed legislation extending the existing legislation one month until June 15, 2010. (Senate Bill No. 7835)

With the impasse between the Senate and the Assembly, the free market in ticket resales came to an end on May 15, 2010, and the old anti-scalping laws went back into force. (Kenneth Lovett, "Gov Reenacts Tough Ticket Scalping Law," New York Daily News, May 21, 2010)

Meanwhile, the war of words between Senator Johnson and the Governor became more heated. Senator Johnson at a public hearing on June 2 stated, "For reasons I have yet to get a satisfactory answer on, Governor Paterson has chosen to ignore his own secretary of state, and a pre-existing agreement that let her report govern any extension of the secondary ticket market, and insist that the paperless system be altered in any final legislation."(Ryan Hogan, "New York Lawmakers Still Debating Paperless Ticketing Legislation," The video of the hearing held by the Senate Committee on Investigations and Government Operations can be seen at Senator Johnson cited a New York Daily News editorial which stated, "From start to finish, this is craziness. Paterson and the Legislature should simply reauthorize the law as it existed and let arenas expand into paperless ticketing without government interference. Albany should butt out of private business until a problem arises, if one ever does."("Ticket Blitzed," New York Daily News, May 24, 2010)

Nonetheless, with considerable confusion occurring due to the reversion to the pre-2007 anti-scalping provisions, Senator Johnson eventually largely acceded to the demands of the Governor Paterson on paperless tickets. The Governor resubmitted a program bill (Senate Bill No. 8340-A, same as Assembly Bill No. 11536-A) ,and it was passed at the conclusion of the legislative session in 2010. It was quickly signed into legislation by Governor Paterson. (Ch. 151, Laws of 2010, signed on July 2, 2010)

The basic provision on paperless tickets in the enacted bill requires that an operator of a place of entertainment may not "employ a paperless ticketing system unless the consumer is given an option to purchase paperless tickets that the consumer can transfer at any price, and at any time, and without additional fees, independent of the operator or operator's agent.

Notwithstanding the foregoing, an operator or operator's agent may employ a paperless ticketing system that does not allow for independent transferability of paperless tickets only if the consumer is offered an option at the time of initial sale to purchase the same tickets in some other form that is transferrable independent of the operator or operator's agent including, but not limited to, paper tickets or e-tickets." (Id., §8; Arts and Cultural Affairs Law, § 25.30 .1.(c)) Thus, consumers are entitled to the option to purchase a transferrable ticket at the time of the first purchase.

The language of the enacted bill seems somewhat less restrictive of the right of the operator of a place to entertainment or restrict resale of promotional tickets. In the first Governor's program bill, the only tickets that could not be resold were promotional tickets for people with disabilities.(See Assembly Bill No. 11108 note 13 supra ) In the enacted bill, the operator may restrict the" resale of tickets to a far larger community. Resales can be restricted "that are offered as part of a targeted promotion, at a discounted price, or for free, to specific membership in, a specific community or group, including, but not limited to, persons with disabilities, students, religious or civic organizations, or persons demonstrating economic hardship." (Arts and Cultural Affairs Law, §25.30.2)

Other provisions of Ch. 151 were far less controversial. Automated ticket purchasing software to purchase tickets was made illegal by the legislation. (Arts and Cultural Affairs Law, §25.24) The free market in resale of tickets is extended until May 15, 2011. (Ch 151, Laws of 2010, §5) Certain penalties for violating the ticket reselling provisions of the law are increased(Id., §9, Arts and Cultural Affairs Law, §25.35.7), and service charges in association with tickets sold shall be reasonable. (Id. §7, Arts and Cultural Affairs Law, §25.29.1) Additionally, "operators and their agents would be prohibited from charging differing face value prices on any given ticket based on its form or transferability" (New York State Senate Introducer's Memorandum in Support for S. 8340 -A. Arts and Cultural Affairs Law, §, 25.30 .1.(c)), and obstructed view seats must be disclosed." (Ch. 151, Laws of 2010 §8, Arts and Cultural Affairs Law §25.30.4)

Finally, the legislation would provide for a new reporting requirement for ticket brokers. (Id. §6, Arts and Cultural Affairs Law §25.25.2) This "would enable the State to better determine the impact of the resale marketplace on consumers, as well as to study the purchasing trends of consumers." (Introducer's memorandum, note 28 supra )

In the absence of a crystal ball that can accurately foresee developments in ticket technology, it remains to be seen what happens next. Will certain performers not hold concerts in New York due to the limits imposed on paperless tickets? Will the law de facto stop paperless tickets in New York, or will primary ticket vendors be able to figure out a way to work within the law to establish a system under which the overwhelming majority of customers will opt for paperless tickets? Will other states follow New York State's lead on paperless tickets? Will technology provide a solution for the easy transferability of paperless tickets? Will anyone venture to explore the tax consequences occasioned by the resale of tickets for the all the parties involved in a transaction? In short, can we expect a similar battle to reoccur in the legislature in May of 2011? We are likely to need to log in next year to find out what will happen.

September 1, 2010

New York's Film Tax Credit in the 2010 Legislature

By Bennett Liebman

In the course of final passage of the State budget, the State legislature, followed by gubernatorial approval, passed a significant extension and expansion of New York's existing film tax credit. The 30% film production tax credit was extended for five additional years, and it was funded at the rate of $420 million per year for this five year period.(1)

Additionally, the legislature added a standalone credit for productions that do their post production in New York State. Eligible productions that complete 75 percent of their post production in New York can now apply for a 10% credit for the post production work done in NY.(2)

The legislation allocates additional $420 million in each of 2010, 2011, 2012, 2013, and 2014 and defines this as an "additional pool" for those years. Previously, the legislature had allocated $85 million in 2010, $90 million in 2011 and 2012, and $110 million in 2013 for the film credit.(3) In 2009, the legislature allocated an additional $350 million for the film credit for that year (4) on top of $75 million that had been previously allocated.(5)

New York State is among numerous states that have provided tax incentives to the film and TV industries. According to the nonpartisan Tax Foundation, 44 states plus the District of Columbia and Puerto Rico offered significant movie production incentives in 2009, up from five states in 2002.(6) 28 of these states offered tax credits. In the Unites States, the film tax credit concept started in Louisiana which in 1992 passed legislation for tax credits for investment losses for films which contained substantial Louisiana content.(7) The initial Louisiana experiment did not spur much added economic activity. Minnesota similarly enacted a film credit in 1997, (8) but by 2002, there were only four states in the nation that had film incentives. New Mexico (9) and Louisiana,(10) however, changed the entire ballgame in 2002 by expanding the monetary value of the film tax credits significantly. The 2002 Louisiana legislation included "a series of incentives designed to revitalize the state's movie business, which had declined in part because of a nationwide migration to Canada, where producers enjoy generous incentives and a favorable currency exchange rate."(11)

New York State has one of the larger film production industries in the United States. "Sources generally conclude that the states of California, New York, and New Mexico receive the most economic impact (in that order.)"(12) The Motion Picture Association in 2006 estimated a $1.5 billion economic effect for the film industry in New York.(13) The New York Governor's Office for Motion Picture and Television Development states that in 2009 the film production credit led to $1.88 billion in direct production spending.(14)

New York started its film production credit in 2004 with the aggregate amount of annual tax credits capped at $25 million (15) It was expanded in 2006 to increase the cap to $60 million.(16) It was further expanded in 2008 and 2009 to increase the cap, and with the 2010 legislation, it has reached its highest levels of State support.

The New York 30% credit applies only to below the line film expenses. According to the Governor's Office for Motion Picture and Television Development, below the line film expenses "mean hard costs of production including the salaries of crew and extras as well as equipment and facility rental, lab costs, construction materials, props, wardrobe, locations, editing and catering, etc. Typically, BTL represents 65 percent of the average budget."(17) Thus, the 30% credit would typically provide a benefit that approximates "18 percent of a project's total budget."(18)

Besides the additional $2.1 billion in funding, the 2010 legislation placed some qualifications on claiming the credit. The legislation specifies a time frame which will determine the tax year for which the credit can be claimed. It requires that at least 10% of the principal shooting days be spent at a qualified New York film production facility. This 10% requirement is waived for "qualified independent film production companies" which are smaller entities defined as entities "principally engaged in the production of a qualified film with a maximum budget of fifteen million dollars, and (ii) controls the qualified film during production, and (iii) either is not a publicly traded entity, or no more than five percent of the beneficial ownership of which is owned, directly or indirectly, by a publicly traded entity".(19)

The legislation requires that the completed DVD release of the production either contain an end credit acknowledging New York State support of the production or contain a New York promotional video approved by the governor's office of motion picture and television development. The production must also "certify that it will purchase taxable tangible property and services, defined as qualified production costs" only from companies registered to collect sales tax in New York.(20)

Postproduction costs of a qualified production will only be eligible for the general film credit where "the post production costs paid or incurred that is attributable to the use of tangible property or the performance of services in New York in the production of such qualified film equals or exceeds seventy-five percent of the total post production costs spent within and without New York in the production of such qualified film."(21)

The 2010 legislation also provided a separate credit that would cover 10% of work at a post production facility. This would cover works not eligible for the general 30% film production tax credit. It would cover works only where the costs at the New York post production facility met or exceeded "seventy-five percent of the total post production costs paid or incurred in the post production of the qualified film at any post production facility."(22)

$7 million is allocated annually for the post production tax credit. A separate chapter amendment makes clear that this $7 million allotment is part of and not in addition to the overall $420 million annual allocation.(23) The chapter amendment provides "that the post production tax credit will be allocated $7 million annually from the $420 million pool of available tax credits. Unallocated post-production tax credits may be made available for the Empire film production credit upon the exhaustion of the aggregate amount of film credits."(24)

In an especially tight budget year, there was significant legislative support for the film credit in New York. Governor Paterson's initial budget proposed the $2.1 billion in additional funds for the credit, and the only action taken by the legislature to in any way alter this funding was to use $35 million of the $2.1 billion allocation to establish the post production credit.

There was little substantive discussion given to curtailing or suspending the film credit. There were few questions raised about the overall merit of the program. While the Governor's Office for Motion Picture and Television Development maintains that the funding is necessary to make New York competitive with states such as Connecticut Michigan and Massachusetts that have more generous film credits, (25) some studies have questioned the overall value of the film credit.

The Tax Foundation has stated, "While broad-based tax competition often benefits consumers and spurs economic growth and development, industry-specific tax competition transfers wealth from the many to the few. Movie production incentives are costly and fail to live up to their promises."(26)

"A 2005 study from the Louisiana Legislative Fiscal Office found that the state could expect to recoup 16 percent to 18 percent of the tax revenue it spends on the film incentive program. This means Louisiana--often held up as the standard-bearer for successful film incentive programs--loses about 83 cents for every dollar it spends on movie production incentives."(27) A Pennsylvania legislative study found some limited justification for its film credit. The report stated, "While there is a net fiscal loss when comparing the net present cost of the Film Tax Credit program ($58.2 million) to the taxes generated by productions directly receiving tax credits ($17.9 million), there is a net fiscal gain to the Commonwealth of $4.5 million when considering all of the revenues generated by the entire industry. While some of this activity would occur without the benefit of the FTC, a significant proportion of this activity would be at risk without such a tax credit program."(28)

This year, Iowa, Kansas, and New Jersey terminated or temporarily suspended their film tax credit program, the first states in the nation to do so.(29) The Iowa suspension was largely due to corruption found in the film office,(30) and the New Jersey suspension, which was based on budgetary concerns, has been harshly criticized by officials in Bergen County which has often been the site of Law& Order SVU episodes.(31)

Nonetheless, a serious review of the New York film credit will not likely occur in 2010.

1Ch. 57, Part Q, L. 2010.
2Id. See Tax Law §§31, 210.41,and 606.(qq).
3 Ch. 57, L. 2008.
4 Ch. 57, L. 2009.
5See note 3 supra.
6 Tax Foundation, "Study: Film Tax Credits, Production Incentives Fail to Spur Economic Growth," January 14, 2010,
7 Louisiana Act 894 (H.B. 252) (1992).
8 Tax Foundation, "Movie Production Incentives: Blockbuster Support for Lackluster Policy," January 2010; The Hollywood Reporter ,June 25, 1997.
9 2002 N.M. ALS 36.
10 2002 La. ACT 6.
112002 La. ACT 6; La. R.S. 47:6007; Stewart Yerton, "Counting on Film Credits," New Orleans Times Picayune, May 11, 2003.
12 Michal H. Salima, "State Film Tax Incentives and the Related Potpourri of Federal Income Tax and Tax Accounting Considerations," 62 The Tax Lawyer 1085 Summer, 2009.
13Motion Picture Association of America, "The Economic Impact of the Motion Picture and Television Production Industry in the United States," 13-14 (2006),
14 Report on the Empire State Film Production Tax Credit, August 2010, .
15Ch. 60, L. 2004.
16Ch. 62, L. 2006.
17 See note 14 supra at p. 24.
18 Id. Besides the state film tax credit, new York City provides a 5% credit applied to the applicant's New York City tax liability. See Tax Law, §1201-a.(b).
19 Tax Law, §24.(b)(7).
20Tax Law §24.(a)(4).
21 Tax Law §24.(b)(1).
22 Tax Law §31.
23 Ch. 312, L. 2010.
24 New York State Assembly Memorandum in Support of Legislation, A. 11678.
25 See note 14 supra at 24.
26See note 8 at 16. See also Mark Sanchez, "Tax Foundation Report Hits Film Incentives by States," West Michigan Business Review, January 14, 2010
27Tax Foundation Commentary, "Michigan Should Stop Red-Carpet Tax Treatment of Film Industry," May 4, 2010
28 Pennsylvania's Film Production Tax Credit and Industry Analysis, Legislative Budget and Finance Committee May 2009, Pg. 5
29 Tax Foundation, "A Review of 2010's Changes in State Tax Policy, "August 23, 2010.
30Associated Press, "Iowa AG Files Charges over Film Tax Credits," February 8, 2010 Corruption issues have also arisen in Louisiana. See "Film Tax-Credit Scam That Ensnared Dozens With Ties To New Orleans Saints Leads to Guilty Plea," New Orleans Times Picayune, May 13, 2010,; "Editorial: Lights, Camera, Corruption," New Orleans Times Picayune, August 20, 2007,
31"Freeholders Call for Restoration of Tax Credit for NJ Filmmakers," South Bergenite, August 26, 2010,; "Law & Order: SVU Moves Production," Philadelphia Business Journal, July 30, 2010, HTTP://WWW.BIZJOURNALS.COM/PHILADELPHIA/BLOGS/STIMULUS_TRACKER/2010/07/LAW_ORDER_SVU_MOVES_PRODUCTION.HTML.

January 7, 2011

Spider-Man Can't Turn Off the Critics

By Bennett Liebman

On December 28, 2010, New York Post reporter Michael Riedel (Riedel had previously been very critical of the production of the musical. See "And Spider-Man's Latest Troubles Are ..." New York Magazine, December 29, 21010; Michael Riedel, "Bono, You too Should Care," New York Post, December 24, 2010) was denied his seat for the preview to the Broadway musical "Spider-Man: Turn off the Dark."

As described by Riedel:
As I was making my way down the aisle, a security guard approached and said, "Sir, may I see your ticket?"
I was wary, but showed it to him anyway.
"You can't sit here, sir," he said.
Suspecting that I was about to be thrown out of the theater on my ear (can't imagine why!), I stood my ground. "That seat is empty, and it's mine," I said as I scrambled over several sets of knees.
A few minutes later, the guard returned, this time with a house manager.
"I'm going to have to move you, sir," the manager said.
When I asked why, he said -- and I quote -- "For safety issues."
It really doesn't get any better than this, I thought. I didn't budge. The house manager reiterated: "I have another seat for you, sir, but I must move you for safety reasons." (Italics mine.)
I took out my notebook, identified myself as a reporter and asked why my seat in row D -- D for death, I guess -- wasn't safe. The color drained from the manager's face and, after conferring with the security guard, he said: "Sir, this seat has been sold twice. I have another seat for you, and I will give you a full refund."
Things were getting fishier by the minute, but I wasn't going to move.
"Sir, we cannot start the show until you move," the manager said. "If you do not, I will have to call the police..."
As the manager escorted me to the balcony, I said, "Look, are you banishing me to the balcony because I'm Michael Riedel of the New York Post?"
"I did not know who you were, sir, until you told me," he said.
My ego deflated, I plopped down into my new seat -- a lousy one, up in the rafters, against the wall. I fired a few more questions at the manager, but he bolted. I don't know if he was telling the truth about the seat being sold twice -- the view from my new seat was so bad, I couldn't see my old seat or half of the flying stunts.
But apparently D116, my original seat, was the only "dangerous" one since nobody else in the aisle was given the heave-ho.
I have yet to get to the bottom of this mystery. The press agent for "Spider-Man" says the producers weren't aware of it, though when they heard about it, they laughed.
I couldn't find the house manager after the show. And I'm still waiting for my promised refund. (Michael Riedel, "'Spidey' Stole My Seat!" New York Post, December 29, 2010. See

The short question is can they do that? Can Mr. Riedel be excluded from Spider-man?

The short answer is that if Mr. Riedel has a ticket, they can't exclude him due to a state statute passed in 1941. That statute basically reversed - for the Broadway stage - a longstanding precedent established by the New York State Court of Appeals. In that 1916 decision, dealing with a fact pattern similar to that of the Riedel case, the Court of Appeals upheld the right of a theater owner to exclude a newspaper critic from its theater. ( Woollcott v. Shubert, 217 N.Y. 212 (1916).). Michael Riedel can probably thank the Shubert Brothers for their persistence in trying to block criticism of their shows. They largely made this an issue that warranted legislative attention.

Alexander Woollcott and the Shuberts

In the 1916 case, the theater owners were the Shubert Brothers, and the critic was Alexander Woollcott, at the time the theater critic for The New York Times. (Woollcott eventually became a famous media personality, and his personality was parodied in the play "The Man Who Came to Dinner" written by George S. Kaufman and Moss Hart in 1939.). On March 17, 1915, the Shuberts opened the show, "Taking Chances." Woollcott's review, which did not have a byline, appeared on March 18. He found that the play was "not vastly amusing." ("Lou-Tellegen in a German Farce," New York Times, March 18, 1915.). He added, "Not much energy and ingenuity was left for the reconstruction of a good play. It must be said that the resulting product is quite absurd and little more than that." (Id.). Based on this review, the Shuberts determined to ban Woollcott from attendance at Shubert theaters.

Woollcott's review was hardly the only negative review of "Taking Chances." The play drew six mixed reviews and eight pans. Its only positive review was from the Shubert controlled New York Review. (Foster Hirsch, The Boys from Syracuse, First Cooper Square Press (1998 ) Pg. 107. See also "Reviewing a Play Under Injunction," New York Times, April 4, 1915.).

On April 1, 1915, Woollcott presented orchestra tickets to see a Shubert play but was denied admission. Woollcott and the Times sued under the State's Civil Right Act and soon received an injunction enabling Mr. Woollcott to admission at the Shubert theaters. (Id., "Reviewing a Play Under Injunction."). The exclusion of Woollcott soon became a major national issue, with much of the press lined up against the Shuberts. (The Boys from Syracuse, supra note 7 at Pg. 108.).

The focus of the litigation was New York State's Civil Right Act. (Civil Rights Law § 40.). This law had been passed in 1895 and was one of a number of state laws that had been passed in reaction to the Supreme Court decision in the Civil Rights Cases. (109 US 3 (1883).). The Supreme Court had restricted the federal Civil Rights Act of 1875 from applying to private actors. The New York law - then popularly known as the Malby Law after its sponsor Assemblyman and Former Assembly Speaker George Malby of St Lawrence County - had been largely designed to provide civil rights to blacks. (Ch. 1042, L. 1895.). It provided for civil recoveries in the event that to "all citizens of every race, creed or color" (Id. §2.) who were not provided full and equal accommodations at certain establishments including inns, restaurants, hotels, music halls and theaters. (Id. §1.). The legislation had been decried by The New York Times as a bill that "should have been entitled 'an act to enable negroes to blackmail the keepers of restaurants and hotels.'" (Editorial, New York Times, June 19, 1895. For another New York Times article in opposition to the Malby Law see "Equality By Legislation, New York Times, June 30, 1895.).

In 1913, the Civil Rights Law was expanded to include hotels "for the accommodation of those seeking health education or rest." (Ch. 285, L. 1913.). Additionally, the law prevented places of public accommodation from publishing or printing advertisements or communications that they intended to discriminate in violation of the Civil Rights Law. This law - the Levy-Wagner Law - was largely designed to prevent discrimination against Jews at resort hotels. (See Jeffrey Gurock, "The 1913 New York State Civil Rights Act, "1 Association for Jewish Studies Review, 93 (1976).).

In amending the Civil Rights Act of 1895, the 1913 legislation changed the beginning lines of the statute to read, "All persons within the jurisdiction of this state shall be entitled to the full and equal accommodations, advantages and privileges of any place of public accommodation, resort or amusement, subject only to the conditions and limitations established by law and applicable alike to all persons. No person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any such place, shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages or privileges thereof..."

That overall language change was the basis of the Times/Woollcott argument that the public enjoyed an overall right to enter places of public accommodations specified in the Civil Rights Law. (The Court of Appeals had ruled in Grannan v. Westchester Racing Association, 153 N. Y. 449 (1897) after the initial passage of the Malby Law that there was no general right of individuals to enter a place of public accommodation. The plaintiffs needed to find that the statute had been amended so that Grannan would no longer apply.).

At the trial level, the judge ruled for Woollcott and the Times. The judge found that New York Civil Rights act provided the plaintiff with a broad right of general access to the places, such as theaters that were specifically enumerated in the statute. (Woolcott [sic]v. Shubert, 90 Misc. 474 (Sup. Ct., N.Y. County 1915).).

On appeal, however, the courts ruled for the Shuberts. The appellate division (Woollcott v. Shubert, 171 A.D. 901, (1st Dep't 1915).), followed by the unanimous Court of Appeals ( See note 3 supra. Voting for the Shuberts in the case was Judge Cardozo, who had previously served as an attorney for the Shuberts. Andrew L. Kaufman, Cardozo, Harvard University Press, 1998, Pg. 101.), found that the Civil Rights Law did not provide for general public access to places of public accommodation. Instead, it only banned discrimination "expressly qualified by the subsequent words 'on account of race, creed or color.'" (Id. at 220.). Thus, only if Woollcott had been denied admission based on his race, creed, or color would the Civil Rights Law apply.

The plaintiffs further argued that the legislative debates involving the 1913 law established the intent to abrogate the common law. The Court of Appeals, however, found, "It is established law, however, that the statements and opinions of legislators uttered in the debates are not competent aids to the court in ascertaining the meaning of statutes." (Id. at 221.). Since Woollcott had not been discriminated against based on his race, creed, or color, the theater owner retained its common law right to exclude him at will.

The 1941 Statute

The Woollcott decision remained in place until 1941when the legislature enacted a new addition to the Civil Rights Law. (Ch. 893, L. 1941.) That bill added a new section to the Civil Rights Law (Civil Rights Law §40-b.) which was designed to repeal the Woollcott decision. The provision, which has remained unchanged since its enactment reads:

"No person, agency, bureau, corporation or association, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public entertainment and amusement as hereinafter defined shall refuse to admit to any public performance held at such place any person over the age of twenty-one years who presents a ticket of admission to the performance a reasonable time before the commencement thereof, or shall eject or demand the departure of any such person from such place during the course of the performance, whether or not accompanied by an offer to refund the purchase price or value of the ticket of admission presented by such person; but nothing in this section contained shall be construed to prevent the refusal of admission to or the ejection of any person whose conduct or speech thereat or therein is abusive or offensive or of any person engaged in any activity which may tend to a breach of the peace.

The places of public entertainment and amusement within the meaning of this section shall be legitimate theatres, burlesque theatres, music halls, opera houses, concert halls and circuses." [Emphasis added].

Thus, if a critic, or any other person, holds a ticket to a show, he or she cannot be ejected or excluded from the performance. That holds true even if the potential attendee receives a refund of the purchase price of the ticket. Only if the attendee is abusive, offensive or engaged in any activity which may breach the peace can the attendee be excluded or ejected.

The law does not apply to all conceivable places of public entertainment. Movie theaters are not covered. (Impastato v. Hellman Enters., 147 A.D.2d 788, 790 (3d Dep't 1989).). Sporting events are not covered, (Mandel v. Brooklyn Nat'l League Baseball Club, 179 Misc. 27 (Sup. Ct., Bronx Co., 1942).), but it certainly applies to Broadway theaters, and to Spider-man.

The constitutionality of the law was quickly tested after its enactment in 1941, and again it involved the Shuberts. The Shuberts in Manhattan denied admission to a patron named Robert Christie from Schenectady County who held a ticket for the Broadway show "Panama Hattie." Christie sued the Shuberts for $500 under the amendment to civil rights law. (Associated Press, "Laws Protecting Critics of Plays Argued in Court, "New York Times, September 21, 1941.). Longtime Shubert lawyer William Klein, as part of this test case, argued that it was important for theater owners to be able to exclude critics because "95 percent of readers of critical reviews are influenced by criticisms." (Id., Klein's long-time association with the Shuberts is highlighted in The Boys from Syracuse, supra note 7 at Pg. 125.). The Shuberts argued that the classification of the law, by excluding motion picture theaters, was a violation of the Equal Protection Clause.

The trial court disagreed with the Shuberts. It found that the statute was a valid exercise of the police power and that it was not possible to find that the exclusion of the motion picture theaters made the statute "arbitrary, capricious, or unreasonable." (Associated Press, "Rules for Theatre 'Safe for Critics,'" New York Times, December 13, 1941.).

On appeal, the Appellate Division affirmed the trial court's decision. It stated, "The New York statute is constitutional and sustains plaintiff's right to recover unless the exclusion of motion picture theatres makes it discriminatory." (Christie v. 46th St. Theatre Corp., 265 A.D. 255, 258 (3rd Dept., 1942); "Law Compelling Theatres to Admit Any One With Ticket Upheld by Court," New York Times, December 30, 1942.). It too was unable to find an equal protection violation because classifications are legislative matters. The fact that there are thousands of movie theaters while less than 50 Broadway theaters provided a reasonable justification for the enactment. (Id.)

The Court of Appeals affirmed the decision without an opinion (Christie v. 46th St. Theatre Corp., 292 N.Y. 520 (1944).), and the Supreme Court did not grant certiorari. (323 U.S. 210 (1944). See also "Theatre Ticket Law Is Up to High Court with New York Seeking Its Affirmation," New York Times, October 9, 1944.).

Accordingly, New York has a statute which "codifies the right of reasonable access for only the small group of patrons who attend places of 'public entertainment and amusement.'" (Steven Sutherland, "Patron's Right of Access to Premises Generally Open to the Public," 1983 U. Ill. L. Rev. 533, 544 (1983).). In response to the Shuberts' desire over the years to exclude critics, the New York State legislature has had in place, for nearly 70 years, a law that would protect Michael Riedel from being ejected from Spider-man. The producers of the show cannot reject Mr. Riedel's ticket or turn off Mr. Riedel's light.

April 26, 2011

Was He Really a Duke?

By Bennett Liebman

Dodger Hall of Famer Duke Snider died two months ago on February 27. To many baby boomers, especially those of us who grew up in and around Brooklyn, he will always be our idol. To those of us who saw him in his prime, he could do little wrong. He hit home runs - more than anybody in the 1950's. He had a special distinctive grace, and he was clutch. With the aging and fading in talent of Jackie Robinson and Pee Wee Reese, and to a certain extent Roy Campanella, Duke personified the Dodgers in their last five years in Brooklyn.

When he returned to New York to play for the Mets in 1963, I spent months cajoling my mother to drive around Rockville Center on Long Island to scope out his apartment so that we could meet the Duke. (Nobody called it stalking in those days.) Even one of the world's most indulgent mothers would not put up with this 13 year old's demands.

Yet, the Duke had a more fragile relationship with the bulk of Brooklyn fans than his other teammates. He was the youngest of the regulars who dominated the Dodger lineup from 1947-1957. He was also the least media savvy of the Boys of Summer. Every once in a while, he would complain about Brooklyn and its fans. He always seemed to need to be schooled by Pee Wee Reese. The kids who followed the Dodgers loved Duke far more than their parents.

Perhaps that was what was most striking about all the encomiums to Duke Snider in the media when he passed away. All of the Duke's perceived petulance had disappeared. What remained was a man who behaved as gracefully in person as he had patrolled center field in Ebbets Field. Everybody had an enjoyable encounter with Duke Snider.

His Hall of Fame induction speech included no mention of his playing abilities but included his gratitude for his teammates, family, and fans. He found the time to talk with everyone. Dodgers historian Mark Langill said, "Hanging around him, he always was the nicest, most unassuming of stars...He was always truly just happy to be a Dodger."

We read of him returning to his former home in Bay Ridge in Brooklyn just to talk to the people who now lived in his home. Former colleagues during his time as a broadcaster for the Montreal Expos talk about his stopping on every visit to New York City to meet with a longtime fan who had become homeless. His visits to New York also included trips to old friends who owned a restaurant where the Duke would play bocce. At Vero Beach, he would get up early to help fantasy campers with their swings. He wrote encouraging letters to the kids who played baseball at his local high school in Falbrook, California. Even at his death, his family directed donations to the Fallbrook Union High School Baseball Program.

As Richard Griffin in the Toronto Star wrote, "There are other celebrities like Duke Snider who was comfortable with his status in life as a sports hero and didn't try to hide it. He tried to share it. For the short time they are together, athletes like Duke elevate their new friend du jour to their own level and make them feel for a shining moment that they also are very special, more important than when they entered the room. Duke never apologized for celebrity and was always willing to share it generously."

I was able to encounter Duke Snider once during spring training in Palm Beach Florida in 1980, where the Atlanta Braves and the Montreal Expos shared a training camp. I was walking up the ramp to the mezzanine while the Duke was walking down. There was almost nobody else in the ballpark. We talked for ten minutes. He told me how he hit knuckle ball pitchers. I told him about seeing his 300th and his 400th home run. He couldn't have been more gracious. I didn't have the heart to tell my mother that it would have been worth it to stalk his apartment in Rockville Center.

While Mickey Mantle remained a kid (maybe not the "last boy" of Jane Leavy's book, but a boy nonetheless) throughout his life, alternating between debauchery, drunkenness, humor, and confessionals, and Willie Mays, for all his greatness, withdrew from his public almost to a level approaching Greta Garboism, Duke Snider grew up. He wasn't just a Duke. He became the Mensch of Flatbush.

September 30, 2015

Entertainment Arts and Sports: One Man Connects Them All

By Bennet Liebman

There may be maybe some cynical individuals who consider the fields of entertainment, arts and sports law to be separate areas of legal practice. These individuals might similarly consider the Entertainment Arts and Sports Law (EASL) Section of the New York State Bar Association to be a catchall designation intended to bring a variety of disciplines together with one designation.

These cynics did not know Joseph Oller. Nobody signifies the connection of these practice areas better than he. Oller was not a lawyer; he was basically a 19th century businessman. He was not an American, and lived almost all of his life in France. He died in 1922, well before anyone would have envisioned the possibility of the existence of an EASL Section. Yet, Joseph Oller personified EASL.

Oller, who was born in 1839 in Spain, started off as a businessman in the sports field. He ran a business in Paris in the early 1860's selling tickets on horse races. It started off as a pool/sweepstakes business, wherein a customer bought a ticket on a race - without any selection of a particular horse or horses - and won a prize based on the outcome of the race. It was a game of pure chance, much like a raffle. The amount paid to the winning bettor(s) was based on the number of persons with winning tickets. Under these conditions, the proprietor of the pool deducted a certain share of the total wagers (generally 10%) for his or her own purposes, and the rest was paid out to the winning bettors in proportion to their shares of the net pool. Under this system, the bettors were wagering against themselves, and the pool proprietor kept a share of the total amount wagered.

The pool system was profitable, but it raised legal pitfalls. France had a law banning lotteries. It was likely that this pool system based entirely on chance would be considered a lottery. Accordingly, in 1868, Oller developed a system which added a skill element to the horse racing game. Under Oller's new pari-mutuel system, a number would be assigned to each horse in the race. "People are at liberty to stake upon the horse which most takes their fancy until a given time of the day." ("The 'Paris-Mutuels,'" Daily News of London, July 30, 1872). Oller would then take 10% out of the full pool for himself and paid the remaining net pool back proportionately to the people who had bet on the winning horse.

Oller's pari-mutuel system was a winner both in business and in the court of law. While the authorities prosecuted Oller and others for running a lottery, the pari-mutuel business survived the legal challenge. While the sweepstakes business was an illegal lottery, the pari-mutuel system was not. In the pari-mutuel context, the skill used by a bettor in using his or her own discretion in placing a wager on a particular horse sufficiently limited the extent of chance involved in the game, and placed it outside the realm of a lottery. The public took to the pari-mutuel system quickly, and Oller's business boomed. Oller even developed machines to help him calculate the pool payouts.

Oller's business was interrupted for a short time by the Franco-Prussian War of 1871. He returned after the war, and again his business prospered. In fact his pari-mutuels - occasionally called the Paris mutuels - may have become too successful. Numerous imitators (especially many from Great Britain) followed Oller's example and started a slew of pari-mutuel businesses in Paris. (Oller appeared to run the largest of these businesses.) In August of 1874, the authorities raided and indicted all pari-mutuel operators.

This time, the basis of the suit was that the pari-mutuel operators had defrauded the bettors in connection with the operations of the wagering. All 24 defendants were convicted. Oller was fined $4,000 francs and spent 16 days in jail. His days of operating a pari-mutuel business were ended.

Eventually, however, Oller's system triumphed both in France and the rest of the world. In 1891, France outlawed bookmaking and made Oller's pari-mutuel system the only legitimate way of wagering on horse races. Pari-mutuel wagering spread to the United States, and now outside of Nevada, federal law makes pari-mutuel wagering the only legal method for betting on horse racing, dog racing or jai alai. According to the Encyclopaedia Britannica, Oller's pari-mutuel system "has spread to every country in the world and forms the rational basis for running nearly all modern lotteries as well as most organized betting on horse racing, association football (soccer) and other professional sports." Oller's 1868 system is a dominant factor in the world of sports.

After his ventures into the gambling world concluded, Oller became involved in the entertainment business. In 1889, he owned and opened the Moulin Rouge, the nightclub cabaret. Not only did the Moulin Rouge quickly become famous for its entertainment, it was soon known worldwide for popularizing the Can-Can dance. The dancers who performed the Can-Can became celebrities. The entertainment and the atmosphere at the Moulin Rouge made it a recognizable and notorious symbol of pre-World War I Paris.

The entertainment aspect of the Moulin Rouge continues to this day. There have been numerous books, movies and a musical about it; including John Huston's 1952 "Moulin Rouge", the 2001 Baz Luhrman musical similarly entitled "Moulin Rouge!", and Cole Porter's Broadway 1953 musical (later a 1960 movie) "Can-Can". Charles Aznavour's musical "Latrec," which ran in London in 2000, similarly focused on the Moulin Rouge. With a revised book, and newly entitled as "My Paris," the Aznavour musical ran this summer at the Goodspeed Theatre in Connecticut.

Similarly, the art aspect of Joseph Oller's Moulin Rouge remains with us. The paintings and posters of Toulouse Lautrec are an integral part of the Bell Époque art movement. Other artists similarly have painted scenes from the Moulin Rouge. A number of composers, including Franz Lehar and Jacques Offenbach, have written music for the Can-Can. There is even "Moulin Rouge - The Ballet", which has been a major hit for the Royal Winnipeg Ballet over the last decade. Finally, the Moulin Rouge has always played an outsized role in the fashion world. Even the 2001 Baz Luhrmann film inspired a fashion trend, as Moulin Rouge boutiques opened in the United States, and "numerous designers from Los Angeles watched the film and then created their own version of the `Moulin Rouge' look with petticoats, dresses, crystal chokers, tiaras, gloves, hats, tap pants, bustiers and stockings." (See Barbara De Witt, "Fashion Designers Go Ga-Ga Over Can-Can," Long Beach Press-Telegram, May 21, 2001.)

Jospeh Oller achieved the hat trick of the EASL Section. He was a most prominent figure in entertainment, arts and sports. He demonstrated that the three areas were not merely compatible, but that they could be part of one achievable and realistic alliance. In the 19th century, Joseph Oller embodied the work of the EASL section.

December 19, 2016

He Wanted to Be a Producer

By, Bennett Liebman
Government Lawyer in Residence, Albany Law School

President-elect Donald Trump on November 19th tweeted a series of complaints about how the cast of the hit musical "Hamilton" had treated Vice President-elect Mike Pence. This was hardly the President-elect's first foray onto the Great White Way. In fact, he has been involved with Broadway for over 45 years, including a brief but unsuccessful stint as an investor and associate producer in 1970.

Soon after graduating from college, the 23-year-old Trump invested in the Broadway show "Paris is Out", which opened on Broadway in the winter of 1970. "Paris Is Out" was a comedy about an elderly Jewish couple who was planning a long-anticipated trip to Europe, while simultaneously dealing with problems about their children. It starred the venerable actors Molly Picon and Sam Levene. Trump, with a $70,000 investment, financed half the production cost. The Playbill program for the show lists David Black as the producer "in association with Donald J. Trump." Trump's bio in Playbill read, "Donald J. Trump who joins Mr. Black in this production as Associate Producer is making his theatrical debut. He is in the investment and real estate business, and will be associated with Mr. Black in his new musical, W.C." ("W.C." was never made.)

While Trump allegedly was not involved in the day-to-day production of the show, the production team was extraordinarily enterprising in its approach to the show. "Paris Is Out" was not a good show. It was unlikely to be a critical success. It was likely, however, given its stars and subject matter, to appeal to a distinct crowd of Jewish senior citizens who frequented the theater. The first innovation of the production team was to reduce the role of the critics by not officially opening the show. The show went into previews on January 19, 1970, and there was not to be any opening night. Instead, the critics were invited to attend the show several weeks after it started. At that point, critics would be welcome, and tickets would be made available to them. Management would not be soliciting any reviews. The producers ran ads from alleged theatergoers, and even from critic Rex Reed, in support of their non-opening night policy.

The policy was modified after critics threatened to review the play after its first preview. The critics were urged to come to the show but only after the show had been frozen. After the Associated Press and the Newark News had reviewed the play during its first week in previews, the policy was further changed to invite the critics to attend the show from January 28th to January 31st, with reviews embargoed for publication until February 3rd. Even then, the Daily News refused to review the show.

Not unexpectedly, the reviews were dismal. George Oppenheimer in Newsday found it "embarrassingly bad" and suggested that "Paris Is Out" "is the sort of play whose situations and dialogue you whistle as you enter the theater." Clive Barnes in the New York Times found the show "pitiable" with the writing "deplorable." Walter Kerr for the New York Times added, "I simply sat there and looked at it." He found the production "professional while the play is not."

Martin Gottfried for Women's Wear Daily was probably the most venomous. He wrote, "Frankly, it is terrible - gross, thick-witted, senseless, humorless, narrow-minded, hypocritical, boring, archaic, exclusively commercial, embarrassing, short-sighted, long-winded, uneducated, uninformed, uninteresting and unsuited for anyone un-Jewish and under age 50."

In fairness, most every reviewer mentioned that the audience seemed to love the show. There were also a minimal number of critics that liked it. The Wall Street Journal found it "warmly entertaining." Undoubtedly the most favorable review appeared in the horse racing daily, The Morning Telegraph. Its reviewer Leo Mishkin found the play to be "rich and delicious and as filling as a large helping of apple strudel." A play was surely in trouble when this was its main booster.

Faced with these harsh reviews, but with a receptive audience, the production team remained steadfastly creative. In an era when almost all shows held only two matiness (Wednesday and Saturday), "Paris Is Out" became the first show to move to four matiness. It had afternoon performances on Wednesday, Thursday, Saturday and Sunday. Business appeared to pick up for a time, but sank in April of 1970. The final performance of the show was April 19, 1970. Variety claimed that it ran 96 performances with 16 previews.

The show had a brief afterlife when the actor Pat O'Brien and his wife Eloise converted the show from a Jewish family comedy into an Irish family. They toured with the show across the country on the straw hat circuit and dinner theater circuits for half a decade. However, the play has hardly been seen in the past 35 years.

March 13, 2018

Constructing a Sports Gambling System for New York

By Bennett Liebman
Government Lawyer in Residence
Government Law Center, Albany Law School
Edited by Elissa D. Hecker

It is now conventional wisdom that the U.S. Supreme Court will soon find the 1992 Professional and Amateur Sports Protection Act ("PASPA") unconstitutional. PASPA is the federal law that requires states (except for those that had sports gambling before 1992) to make sports gambling illegal. If PASPA is unconstitutional, then the individual states would be free to determine whether to legalize sports gambling.

However, it's not that easy in New York State. Key and complex decisions need to be made by the legislature and the electorate before New York can establish a comprehensive system to legalize sports gambling.

The initial hurdle is New York State's constitution, which bans all of forms of gambling with certain specified exceptions. In terms of sports, the key exceptions are pari-mutuel horse racing and casino gambling. Since casino gambling can be viewed in the U.S. to encompass sports gambling, in 2013, as a part of the casino authorization legislation, New York State authorized the four upstate casinos to have sports gambling if PASPA were to be amended or found unconstitutional. Thus, if the Supreme Court finds PASPA unconstitutional, once the Gaming Commission establishes regulations, the four upstate casinos could begin sports gambling. For all the other entities in the state, sports gambling would need a constitutional change. If both the Senate and Assembly pass a sports gambling authorization in 2018, a newly elected legislature could then pass a second authorization in 2019. The amendment would then be submitted to the electorate in November of 2019. Full sports gambling could conceivably begin in 2020.

What, then, would occur? Who will be able to offer sports gambling, besides the casinos? Could the racinos, combined tracks and casinos, the individual racing associations, Off Track Betting ("OTB"), the state lottery, or the fantasy sports groups? The OTBs have been requesting sports gambling for over 40 years, and the fantasy sports companies would be harmed significantly from direct competition from sports gambling. Using the lottery system would bring a virtual army of retailers to sell sports gambling products. Perhaps individual bars, taverns, and even airport terminal managers would want to be part of any sports gambling network.

How would the federal and state governments tax revenue resulting from sports gambling? The federal government already taxes it. Some of the sports leagues are suggesting that they receive funds to preserve the integrity of their sports. What would the state tax rate be? Would state tax revenue, like the lottery, be funneled to education? If the state's tax is too high, would this open the way for tribal sports gambling to offer better odds and services to bettors?

How would revenues to OTBs make their way to local governments? Further, how would revenues from Video Lottery Terminals operated by racetracks be distributed to horsemen and to the state's horse breeders?

Would there only be in-person betting from individual tellers, or could there be slot-like machines that offer sports bets? Would telephone wagers and computerized bets be authorized, and would exchange wagering, where individual bettors offer their own lines to other bettors, be allowed? The state could authorize only one technology operator, or it could license several technology companies to oversee sports gambling.

What sports would be authorized as wagering products? Will games played by in-state colleges be the subject of bets? How about betting on minor league professional sports or on non-U.S. sports leagues? Will there be in-game wagering? Must one bet on individual games, or could one bet on the potential Super Bowl or World Series champion?

There is also the issue of proposition wagering, which involves betting on events not directly connected with the outcome of the event. Who wins the coin toss? How many completions will Tom Brady have? What's the over and under for the length of the national anthem? A decision will be needed regarding what proposition bets will be allowed.

On its face, sports gambling looks like the easiest game to operate. It should be a mortal lock for any operator to make money. However, legalizing sports gambling is actually a labyrinth. Given its past performances, it is even money that the state government will get tangled up in this maze. Mistakes in the maze have consequences. It can be a cruel game, with winners and losers. Authorizing sports betting is far closer to Jumanji than to Candyland.

June 5, 2018

What Is the Status of New York Sports Gambling?

By Bennett Liebman
Edited by Elissa D. Hecker

I. Current New York State Constitutional Provisions involving Sports Gambling

In a Constitutional provision that dates from 1894, the New York State Constitution (the Constitution) specifically makes gambling illegal. No form of gambling "shall hereafter be authorized or allowed within this state." (New York State Constitution, Article 1, §9.1. Very few states have specific provisions in their constitutions that make all gambling illegal, except for certain exceptions. These states would include Delaware, (Del. Const. art II, § 17) Idaho, (Idaho Const. Art. III, § 20) New Jersey (N.J. Const., Art. IV, Sec. VII, Para. 2), and Wisconsin (Wis. Const. Art. IV, § 24.))

In the years since 1894, the Constitution has permitted certain exceptions to the general prohibition on gambling. These include pari-mutuel betting on horse racing, bingo, a state-operated lottery and games of chance. The exceptions for bingo and games of chance are only for the benefit of certain "bona fide religious, charitable or non-profit organizations", and the exception is intended to "prevent commercialized gambling," (New York State Constitution, Article 1, §9.2.)

Over the years, efforts in New York have been made to authorize sports gambling; basically, the use of parlay cards. In 1984, after Governor Mario Cuomo advocated for the lottery's use of parlay cards in the state budget, Attorney General Robert Abrams issued an advisory opinion finding that sports parlay card betting was not authorized as a lottery. (1984 N.Y. Op. Att'y Gen. 1.) The Attorney General stated: "We find that the Constitution, both through its specific bans on bookmaking and pool-selling and through its general ban on all forms of gambling not expressly authorized, forbids the kind of gambling involved in the proposed sports betting game."

In 1991, a proposed sports lottery came very close to being passed by the state legislature. The plan was thwarted when Senator Majority leader Ralph Marino, who had earlier agreed to the sports lottery, withdrew his support.

In 2013, the Constitution was amended to include an exception for "casino gambling at no more than seven facilities as authorized and prescribed by the legislature." The question has become whether casino gambling is sufficiently broad to encompass sports gambling. Certainly, in the state of Nevada, casino gambling facilities have long been able to offer sports wagering. The New York State legislature in the 2013 legislation, designed to implement the casino gambling amendment, contained a provision specifically providing an opportunity for the casinos to have sports wagering. (Chs. 174 and 175, L. 2013.)

II. Current New York Statutory Provision on Sports Gambling

Outside of Nevada and the grandfathering of limited sports wagering in several other states, 1992's Professional and Amateur Sports Protection Act (PASPA) banned sports gambling throughout the U.S. When the Supreme Court on May 14th decided in Murphy v. National Collegiate Athletic Association ruled that PASPA was unconstitutional (Murphy v. National Collegiate Athletic Association 138 S.Ct. 146 (2018).), §1367 of the Racing, Pari-Mutuel Wagering and Breeding Law (Racing Law) went into effect.

Section 1367 was the provision in the Upstate New York Gaming Economic Development Act of 2013 (UNYGEDA) that dealt specifically with the issue of sports gambling in New York State. The UNYGEDA was designed to be the implementing statute that would provide the regulatory framework for New York's constitutional approval of casino gambling.

Section 1367 was based on New Jersey's law signed by Governor Chris Christie in January of 2012 that authorized sports wagering in that state. (N.J.P.L.2011, c.231.) Unlike New Jersey, which directly legalized sports gambling and challenged PASPA, New York's law was only intended to provide an indirect challenge to PASPA. The New York law was designed to go into effect only at "such time as there has been a change in federal law authorizing such or upon a ruling of a court of competent jurisdiction that such activity is lawful." The sports gambling provision was basically an attempt to prevent New Jersey from establishing a monopoly on Mideast sports gambling. If PASPA were ever found unconstitutional or amended, New York, as well as New Jersey, would have legalized sports gambling.

Section 1367 allows sports gambling only in person at the state's four private upstate casinos. Bettors need to be age 21 or older. Betting is not allowed on collegiate sports played in New York State, and similarly not ever permitted on games - regardless of the location - in which New York colleges are playing.

The State Gaming Commission is given significant power not only to license sports wagering operators, but also to establish the rules under which sports wagering is to be operated. According to recent newspaper accounts, the State Gaming Commission is currently in the process of drafting these regulations. Ron Ochrym, its interim director, has stated that draft rules will be available for "review in the near term." (Jon Campbell. "Rules Being Crafted for Sports Betting in New York," Westchester Journal News, May 22, 2018.)

III. Legislative Developments after Murphy

The existing New York sports wagering provision in §1367 is obviously not beneficial to much of the gambling industry in New York State. It only benefits the current four private upstate casinos, which are located in Monticello, Schenectady, Tioga and Waterloo. None of these locations are particularly close to metropolitan New York. Thus, the in-person sports wagering business at these locations does not figure to be overwhelming.

As only these four casinos can offer sports gambling, the other parts of the gambling industry in New York are shut out; including the nine video lottery (VLT) facilities, the state's horse racing industry, including the racetracks, horsemen and breeders, the off-track betting (OTB) corporations, and the fantasy sports corporations. While not technically excluded, the major corporations outside New York that offer sports gambling in Nevada and in Europe obviously do not see a huge market for in-person wagering at four upstate casinos.

In New York, there is also a long tradition of trying to craft gambling legislation that tries to benefit all participants in the gambling industry. Everyone gets a carrot in the omnibus goulash that constitutes the world of New York State gambling legislation.

In order to increase the betting market and to make the other elements of the New York gambling industry full participants in sports gambling, Senator John Bonacic, who chairs the Senate Racing, Gaming and Wagering Committee, introduced legislation to expand the existing scope of sports wagering. His initial bill (Senate Bill No. 7900) was introduced in March of 2018 before the decision in Murphy. Minor amendments were made to the bill after Murphy. (Senate Bill No.7900 A.) The purpose of the bill, per Senator Bonacic, is "to update the existing provisions of law which allow the four upstate casino gaming resorts to conduct sports betting in the event of a change in the federal law which currently prohibits it." (New York State Senate Introducer's Memorandum in Support S7900A.) This bill is an attempt to bring all players into the big tent of sports wagering.

IV. Questions on the Bonacic Bill

The best way to analyze the bill is to respond to certain questions on its effect.

A. With whom can a sports wager be placed?
The four casinos control this process. Individuals can wager at the casinos, through affiliates with whom they contract through self-service wagering kiosks. Affiliates are the VLT operators, OTB branch offices and the New York Racing Association. In addition, each casino can offer mobile sports wagering platforms through no more than three independent entities. Mobile sports wagering means that a bet can be placed through a computer or a similar device anywhere in New York State.

This is certain to raise significant constitutional questions. What is the purpose of having a limited number of casino facilities (a maximum of seven is authorized in the Constitution.) if people can bet away from the facilities of the casino? Do the mobile betting platforms make the constitutional facility limitation meaningless? Surely, the casinos can take a roulette bet or a baccarat wager from a mobile platform just as easily as they can take sports wagers. Would anyone think that a roulette wager placed via a phone in Suffolk County into Tioga Downs would constitute a wager lawfully placed at Tioga Downs? Simply trying to claim in legislation that the situs of a bet is considered to be placed at the casino misses the reality that the bet is actually being made away from the casino. Would any court agree to this fiction?

B. Where can one fund or establish an account?
One can fund or establish an account at the casinos, the offices of the affiliates and on the Internet through mobile sports wagering platforms.

C. On what can be bet?
Bets can be placed on almost every sporting event, except for high school events. Unlike current law, one can bet on New York college sports teams and college events played inside New York. Bets can include straight bets, propositions, over-under bets, parlays, exchange wagers and in-game wagers. Bets cannot include horse racing wagers, which are only authorized via traditional pari-mutuel wagering. (This might prove harmful in the long run to horse racing, since it prevents fixed odds wagering and exchange wagering. It would likely prevent most future books on major races, proposition wagers, and in-race wagers. It is short-sighted for a sport that has been suffering from a long slide in popularity to shut itself off from future types of wagers.)

D. Who can wager?
Bettors must be age 21 or older. They must be physically in New York. The proposal has an extremely detailed list of individuals who are barred from wagering. The list of banned individuals includes people with access to non-public confidential information and amateur athletes where the wager is based on an event overseen by that athlete's governing body. (That would mean that a collegiate water polo athlete could not wager on a collegiate lacrosse game since both sports are governed by the NCAA. Similarly, how during a collegiate sport's off-season would one make a determination that the potential bettor is still classified as an athlete? Can a college field hockey player, when school is out of session in the summer, place a bet on the Bowl Championship Series in football?) It may be that this is a subject handled far better by regulation than by legislation.

E. Who will regulate sports wagering?
Sports wagering will be regulated by the State Gaming Commission, but the Gaming Commission is to designate the State Police to have primary responsibility for conducting investigations into abnormal wagering activity and the possibility of corruption in the sport.

F. What role will the sports leagues have in sports wagering?
There is considerable involvement with the sports leagues. The sports governing body is to receive an integrity fee of "up to one-quarter of one percent of the amount wagered on sports events, however, in no case shall the integrity fee be greater than two percent of the casino's sports wagering gross revenue." The proposal defines a sports governing body to be "the organization that prescribes final rules and enforces codes of conduct with respect to a sporting event and participants therein." This is a potentially problematic definition. For Mixed Martial Arts fights in New York, who is the governing body: the promoter, or the State Athletic Commission that establishes the rules? The same holds true for boxing? Individual sports, such as tennis and golf, have major tournaments that are run by different organizations. The PGA Tour runs the PGA Championship, Augusta National runs the Masters, and the United State Golf Association runs the US Open. How is it determined what is the sports governing body when a casino takes a wager on individuals trying to win the grand slam in golf? What is the governing body in the Davis Cup? When there are European soccer matches between teams in the Premier League and the Bundesliga, what is the governing body? What is the sports governing body when a casino takes a parlay wager on two different sports?

In-play wagering is only permissible if the casinos operate and their agents use "official league data" and the league "possesses a feed of official league data." The leagues are supposed to provide the data at a commercially reasonable rate.

Sports governing bodies are able to petition the Gaming Commission to force the casinos to use official league data for "tier three wagers", which are neither in-play events nor wagers determined by the final score or outcome. A sports governing body may also apply to the Gaming Commission "to restrict, limit, or exclude wagering on its sporting events." No standards are set for how the Commission is to make this decision.

G. Where does the money go from sports gambling?
Typically, the Nevada gambling establishments have gross gaming revenues of between 4-5% of handle, which is the actual amount wagered. (In Nevada in 2017, this hold percentage was 5.11%.) From this amount, they pay a federal tax based on .25% of handle. Assuming a 5% gambling hold, this represents a tax of 5% on gambling revenue. The Bonacic bill adds an 8.5% State tax on this gambling revenue. On top of that, the casinos are to pay an integrity fee of a maximum of 2% of gaming revenue. Thus, assuming a 5% gambling hold rate, the casinos would be subject to an effective tax rate (including the integrity fee) of 15.5%. That does not include any amounts that the casinos would pay the sports leagues for "official league data." Assuredly, the casinos would also need to pay their affiliates and mobile agents for taking the wagers. At what point does the tax imposed on the casinos become too high?

The money from the taxes paid to the state is to be distributed as follows: 85% to the commercial gaming fund - much of which goes to education, 5% to problem gambling education and treatment, 5% to the Gaming Commission for its costs, and 5% to the racing industry. Given the estimates that Senator Bonacic has made for revenue from sports gambling - $10 million to $30 million, it is unlikely that a 5% allocation to all of the racing industry will provide much assistance. That would mean that a maximum amount of $1.5 million would be shared by all racetracks, their horsemen, and the OTB's.

V. Is There Sports Wagering Legislation in the Assembly?

Assemblyman Gary Pretlow, who chairs the Assembly Racing and Wagering Committee, had promised has own bill on sports wagering for several months. While no bill has yet been formally introduced yet, in the last week of May, Assemblyman Pretlow released a draft of his bill. It is a somewhat underwhelming copy of Senator Bonacic's amended bill with the nomenclature of the "integrity fee" changed to a "sports wagering royalty." (

VI. The Effect on New York's Native American Tribes

New York has eight federally recognized tribes. Three of these, the Oneidas, Senecas, and St. Regis Mohawks, run gambling operations and have gambling compacts with the state. The Senecas appear to be monitoring the situation. There has been little word from the St. Regis Mohawks. The Oneida Nation has said that it will pursue sports wagering. The exact details of how this would occur are uncertain. Can the Oneida Nation's compact with the State be read to authorize sports gambling, or is there a need for a new compact? The Oneida Nation surely would not be bound by the state's requirement of any integrity fee payment.

Secondly, if mobile sports wagering is authorized throughout all locations within the state, will this break the exclusivity arrangements that New York State has with the three gambling tribes? Based on giving the tribes gambling exclusivity in the counties near their casinos, New York is paid exclusivity fees by the tribes. (New York and the Seneca Nation are currently in arbitration over the exclusivity payment, and the Nation has stopped making its payments.) For the 2017 fiscal year, the tribal exclusivity payments amounted to $206.8 million. That is far more revenue to New York than the $10 to $30 million that sports gaming could be expected to bring in. Can the state and the local governments that share in these payments risk losing them?

Finally, strong geo-fencing of the tribal reservations would be needed to make sure that bets on sports gambling were not accepted inside tribal reservation lands. Otherwise, New York State would likely be violating the terms authorizing class III gaming under the Indian Gaming Regulatory Act.

VII. What is the likelihood of passage?

There would appear to be an excellent chance that the sports wagering bill would pass the Senate. The Bonacic bill has generated little opposition thus far from inside the Senate. The unamended initial version was included and technically passed in the Senate as part of its one-house budget bill in March. There is an ongoing dispute in the Senate over which party controls the leadership of the chamber, but if this is resolved, the Bonacic bill is likely to pass.

The fate of sports gambling is uncertain in the Assembly, as Speaker Carl Heastie, who controls the Assembly, has expressed doubts and reservations over whether the bill's issues can be resolved. In his statements last week, the Speaker, however, indicated that he will let his colleagues decide the issue.

Governor Cuomo has also added that the issue is too complicated to decide in the current legislative term. Yet if the legislature passes a sports wagering bill, will the Governor veto a very popular bill in an election year?

VIII. Other Concerns

It has been surprising that nobody in the legislature has introduced a Constitutional amendment that would clearly authorize sports gambling. An amendment, if given first passage this year could be on the books by January 1, 2020. Passage of this amendment would give the legislature cover and assure that sports wagers placed by bettors outside the physical confines of the casinos could be considered valid sports wagering bets. Furthermore, if there is a constitutional challenge to expanded sports wagering, this amendment might be in place before the courts actually ruled on the legalities of sports wagering

There is only a limited leakage to other states if New York State fails to authorize further sports wagering. Federal law would prevent New Yorkers from betting electronically into other states. New Yorkers would need to physically cross the border and wager in a state like New Jersey. This places Tioga Downs owner Jeffrey Gural in an odd position. Gural is the owner of the Meadowlands in New Jersey, which would most likely be the spot where New Yorkers would place sports bets.

If sports wagers in New York can only be made within the confines of a casino, will this hasten the process to have casinos in downstate New York? Currently, casinos could not be operational downstate until 2023.

March 29, 2019

Making Sense of Downstate Casinos

By Bennett Liebman

As part of the 2019 State budget negotiations, the owners of the two video lottery (VLT) parlors in the New York City area have proposed that they be allowed to convert their facilities into full-fledged casinos. They have promised considerable financial support to the State in return for these conversion rights. Without taking a position on the ultimate desirability of further casinos, any review of this issue requires consideration of the following concerns.

The VLT owners are MGM, which owns Yonkers Raceway, and Genting, which runs Resorts World at Aqueduct in Queens County. Both facilities are already enormous. Aqueduct had gambling revenue in excess of $850 million in 2018. The only casino with greater gambling revenues in the East and Midwest than Aqueduct is the Mohegan Sun casino in Connecticut. With Mohegan Sun facing competition from a new casino in Springfield Massachusetts, Aqueduct may soon be the area's largest gaming facility. No casino provides more tax revenue than Aqueduct.

Yonkers is no slouch either. It is only surpassed in gambling revenues in the East and Midwest by the two tribal casinos in Connecticut and three MGM facilities: the Borgata in Atlantic City, MGM Grand in Detroit, and MGM National Harbor outside Washington D.C.

What is preventing the expansion of casinos into the New York City area is the original 2013 amendment to the New York State Constitution, which authorized only a total of seven casinos to be allowed in the State, with four upstate. To prevent potential downstate competition for casinos in the Hudson Valley and the Catskills, the law provided for a moratorium until 2023 before downstate casinos could be authorized. To give this moratorium teeth, if downstate casinos were authorized before 2023, the State would forfeit a pro rata share of the licensing fees paid by upstate casinos and by Genting at Aqueduct. Budget Director Robert Mujica recently stated that breaking the moratorium would cost the State about $300 million in penalties.

There would seem to be little current purpose in maintaining the moratorium, as it was put in place partially to protect Genting's VLTs from potential competition from downtown casinos. However, it is now Genting that wants to end the moratorium. The moratorium was also enacted to protect facilities in the Hudson Valley and the Catskills. The only such casino is Resorts World Catskills in Sullivan County, which is also operated by Genting. The company owns upwards of 85% of its voting stock. The moratorium pointlessly currently only operates to protect Genting from itself.

In like manner, If Genting is moving to end the casino moratorium, there is no reason why it should financially benefit from the end of the moratorium. More than 75% of the moratorium payments are theoretically owed to Genting. If the moratorium is lifted, there consequently should be no State payments to Genting at Aqueduct or in the Catskills. Genting should not be able to rip up the moratorium and simultaneously cut up its own moratorium check. Why not simply pay the moratorium penalty to the other three upstate casinos? This would cost the State less than $75 million in place of the estimated $300 million in payments. If some moratorium payment is due to the Catskill casino, perhaps it should be paid to the localities that host the casino.

While Genting and MGM might simply wish that the legislature would make them casinos, that is an abuse of discretion. Legislatures should not bestow direct awards to favored interests. This smacks of the doings of the Tweed Ring and the suspicious award made by political interests a decade ago to the discredited Aqueduct Entertainment Group to run VLTs at Aqueduct. Instead, a competitive process needs to be in place to award the licenses.

The fact is that MGM and Genting would have a leg up in any competitive process. They have provided revenue and jobs for years. They have won competitions. There has been little hint of any gambling swindles and no apparent negative effects on the surrounding communities. Contrast this with casinos' proposals for downtown areas, where it will be hard to locate a community that supports a neighborhood casino. Additionally, the existing casinos in downtown areas in Philadelphia, Baltimore, Cleveland, and Cincinnati have generally under-performed.
VLT operators must trust the process.

The two VLT operators currently pay very high taxes to New York State for education. Yonkers pays 50% of its gambling revenue to the State; Aqueduct pays 43%. Casinos generally pay far lower taxes than VLT operators. As an extreme example, MGM's Borgata in Atlantic City has 18% higher gambling revenue than Yonkers, but pays just 17% of Yonkers' taxes. Any conversion of VLT facilities to casinos needs to ensure that tax revenues are not harmed.

Portions of the earnings of Aqueduct go to support Nassau County and New York Racing Association (NYRA) racing. A conversion to casinos also must account for aid to both assist NYRA and Nassau County.

Further, any conversion to casino operations needs to provide more assistance in the fight against compulsive and problem gambling. Video lottery operators do not make direct payments to support compulsive gambling assistance; casinos in New York do. We know that compulsive gambling is a silent killer. If we wish to help individuals and families suffering from the destruction of compulsive gambling, downstate casinos need to provide greater support.

Bennett Liebman, who previously served as Deputy Secretary to the New York State Governor for Gaming and Racing, is a Government Lawyer in Residence at Albany Law School.

December 4, 2019

Lobbying on Sports Wagering in New York State in 2019

By Bennett Liebman

2019 was a remarkable year for sports wagering in New York State - not so much for what was actually accomplished - but for the amount of lobbying work done on behalf of sports wagering interests. Rarely, if ever have more organizations been involved in lobbying the legislature on gambling issues. The presumed gold rush for sports gambling has seen New York State casinos, mobile wagering firms, sports leagues, sports franchises, OTB's, racinos, out-of-state casinos, and Indian nations all actively involved in the sports wagering lobbying field. Furthermore, rarely have there been more coalitions developed with numerous lobbying firms working on behalf of an assortment of entities. (As an example, the Parkside Group lobbied for seven separate organizations involved with sports wagering.) It is possible that more money will be spent on sports wagering lobbying in New York in 2019 than will actually be won on sports wagering in 2019 at the four private casinos currently operating in New York.

This blog will detail the lists of lobbyists and who they worked for on the sports gambling front. There may be other entities, such as unions, other sports franchises, and game/lottery suppliers that were also involved in sports wagering issues, but this information is not easily obtainable from public filings.

Current Status of the Law

The sports wagering laws were unchanged in New York in 2019. In July, the four private upstate casinos began offering sports gambling at their facilities. The Oneida Nation is also offering sports gambling. The actual on-site wagering has been modest. Legislation expanding sports gambling to authorize mobile wagering and mobile wagering at affiliate locations (OTB's, racinos, and certain sports arenas) was passed by the Senate but failed to pass the Assembly. Governor Cuomo has suggested that a constitutional amendment might be necessary in order to enact mobile wagering.

Everybody wants a slice piece of the pie, and breaking down the contestants into categories yields the following results.

The Four Upstate Casinos

As a basic rule, the four upstate casinos want to make sure that sports wagering is conducted through them. They would support mobile wagering because it would greatly enhance their business and would likely be opposed to a constitutional amendment that would threaten their overall control over sports wagering.

1. Rivers Casino Schenectady - owned by Rush Street - Rush Street has its own mobile wagering operation in both New Jersey and Pennsylvania Self-lobbies

Dickinson and Avella
Donnelly Law
Shenker Russo
State and Broadway

2. Resorts World Catskills - Empire Resorts self-lobbies

Albany Strategic Advisors
Focus Media
Gibson Dunn
In addition, with Genting recently taking over full ownership of Empire Resorts, it is worth reviewing Genting's list of lobbyists.

3. del Lago -Self-lobbies.

Brown and Weinraub
Ostroff Associates
Parkside Group

4. Tioga Downs - Tioga is operated by real estate titan Jeff Gural, who also owns the racino at Vernon Downs and Meadowlands Race Track, in northern New Jersey which operates sports gambling. Sports wagering in downstate New York might affect sports wagering at the Meadowlands. Self-lobbies

99 Solutions
Vidal Group

The Main Mobile Sports Wagering Firms

The sports wagering firms want mobile sports wagering.

1. FanDuel Self-lobbies.

Cordo and Company
Hinman Straub
MLV Strategies
Orrick, Herrington & Sutcliffe
Parkside Group
Patrick Jenkins
Riddett Associates

2. DraftKings -Self lobbies.

Cordo and Company
MLV Strategies
Orrick, Herrington & Sutcliffe
Parkside Group
Patrick Jenkins
Riddett Associates

Out-of-State Casino Firms

1. Caesars Entertainment -Caesars includes Caesars' Bally's, Harrah's and Horseshoe properties.

Bolton St. Johns

2. Las Vegas Sands - It is widely assumed that the Sands ownership would like to establish a casino in New York City.

Brown and Weinraub
Parkside Group

The Downstate Racinos

Both Yonkers Raceway (now owned by MGM) and Resorts World New York want not just to have sports gambling but to convert into full scale casinos.

1. Yonkers Raceway - MGM -Empire City. Self-lobbies

Capitol Communications
Empire Strategic Planning
Malkin and Ross
Statewide Public Affairs
Vidal Group

2. Genting -Resorts World.Self-lobbies

Cordo and Company
Metropolitan Public Strategies
Patrick Jenkins
SKD Knickerbocker
Vidal Group

The Upstate Racinos

The upstate racinos do not wish to be left out of the rush to sports gambling. Delaware North has interests at both Finger Lakes and Buffalo Raceway. Batavia Downs is owned by Western OTB and will be listed here rather than under the OTB's. Vernon Downs is listed under the Tioga Downs casinos.

1. Saratoga Harness - Self-lobbies.

Featherstonhaugh, Wiley & Clyne
Patricia Lynch Associates

2. Batavia Downs

Mercury Public Affairs
Strategic Development Specialists
Upstate Strategic Advisors
Wladis Law Firm

3. New York Gaming Association - omnibus organization of the racinos plus Rivers Casino

Mike Kane

The OTB's

The OTB's similarly do not wish to be left out of the rush to sports gambling.

1. Nassau OTB

Dickinson and Avella
Mark Lieberman
Park Strategies

2. Suffolk OTB

MKBS Management
Long Island Government Relations & Communications

3. Catskill OTB

Brown and Weinraub

4. Capital OTB

Jackson Lewis
Park Strategies

Professional Sports Leagues

They would like to see added revenue through an integrity fee, an ability to force sports wagering firms to use their own league data and the right to limit certain wagers that might impinge on the integrity of their contests.

1. Major League Baseball. Self-lobbies

Cordo and Company
Orrick, Herrington & Sutcliffe
Parkside Group
Patrick Jenkins
Riddett Associates
Stanley K. Schlein

2. National Basketball Association. Self-lobbies

Cordo and Company
Orrick, Herrington & Sutcliffe
Parkside Group
Patrick Jenkins
Riddett Associates
Stanley K. Schlein

3. PGA Tour

Cordo and Company
Orrick, Herrington & Sutcliffe
Parkside Group
Patrick Jenkins
Riddett Associates
Stanley K. Schlein

Sports Franchises

While they all have individual issues, they would want to see sports wagering at their facilities.

1. Madison Square Garden - Rangers and Knicks

Albany Strategic Advisors
Cozen O'Connor
Jenner & Block

2. Buffalo Bills and Sabres - Pegula Interests

Ostroff Associates

3. New York Yankees.Self-lobbies

Dickinson and Avella
Pitta Bishop & Del Giorno

4. New York Nets - now under new ownership - Self- lobbies.

Davidoff Hutcher & Citron
Red Land Strategy
Resi Cooper

The Indian Nations

The tribes with casinos have significant interests at stake. They may wish to protect their gambling market exclusivity, or they may wish to trade their exclusivity for an opportunity to conduct mobile sports wagering and/or to reduce their exclusivity fees to the state.

1. Seneca Nation

Masiello Martucci Calabrese
Hinman Straub

2. Oneida Indian Nation

Mirram Group
Roffe Group

3. Saint Regis Mohawk Tribe

Bolton St. Johns


1. New York Racing Association - needs to be a part of the sports wagering market. Self-lobbies

Bolton St. Johns
Roffe Group

2. Sportradar US - firm dealing with integrity issues in sports wagering

Bolton St. Johns

April 23, 2020

Was it Jackie Robinson Day on April 15, 1947?

By Bennett Liebman
Government Lawyer in Residence
Albany Law School

April 15th has become the major celebratory day in modern baseball. It's Jackie Robinson Day, the day that Jackie Robinson broke the color line in baseball on opening day in 1947, playing for the Brooklyn Dodgers at Ebbets Field. It has become a seminal event, the day where American sports transformed broader American society. There are regular calls to turn April 15th into a national holiday.

However, despite our current view of Robinson's baseball baptism, a look at the actual media coverage of the event in 1947 shows a secondary or even tertiary story. The sportswriters and newspaper editors of 1947 did not see Robinson's breakthrough as the major story we think of today.

There were no front-page stories on Robinson integrating baseball. There were no banner headlines on the sports pages about Robinson.

In the New York papers, the Robinson story played third fiddle to 2 other stories at the Dodgers- Braves game. The focus was on the year-long suspension of Dodger manager Leo Durocher for gambling by baseball commissioner Happy Chandler. This was followed by the exploits of Dodger centerfielder "Pistol Pete" Reiser, who accounted for all the runs in the Dodgers 5-3 victory. Reiser went 2 for 2, drove in 2 runs and scored the other 3 runs. The Robinson debut finished third.

The main New York papers assigned a beat writer to cover the Dodger game plus a columnist.

At the hometown Brooklyn Eagle, the game story by Harold Burr did not mention Robinson until the ninth paragraph. Similarly, columnist Tommy Holmes, writing "Clinical Notes on Opening Day" first referred to Robinson in the eighth paragraph.

At the Daily News, beat reporter Dick Young mentioned Robinson only once, and that was in the fifth paragraph of his story. Columnist Jimmy Powers split his column between his views and the voice of the Brooklyn fans. He failed to mention Robinson in his views, but in the back half of his columns, 5 of the 17 fans referred to Robinson.

At The New York Times, beat writer Roscoe McGowen referred to Robinson only in passing in the sixth and fifteenth paragraph of his story. Future Pulitzer Prize Arthur Daley in his Sports of the Times column first acknowledged Robinson in the tenth paragraph of his column by noting that his debut was "quite uneventful."

Bob Cooke's beat story for the Herald Tribune mentioned Robinson 3 times in his story. The first mention, in the fifth paragraph of the story, noted that while many observers had come to the ballpark to see Robinson, "as the innings passed it was all any one could do to keep their eyes on Reiser." The Tribune's legendary columnist Red Smith wrote about Durocher's absence and its effect on attendance. Robinson did not make it into the column until the twelfth paragraph, after mentions of Spider Jorgenson and Earl Torgeson. Robinson was described as a "dark and anxious young man" as well as "able, nervous and uncertain of his fielding chores."

Nor was Robinson a presence in the articles written by the major sports columnists outside New York City. The most renown sportswriter of that era, Grantland Rice, wrote 2 columns on baseball in the days after Robinson's debut. One was on the comeback of pitcher Schoolboy Rowe; the other was on the fact that none of the most accomplished managers in baseball were managing in 1947. The other A list sports columnists, Arch Ward in the Chicago Tribune, Shirley Povich in the Washington Post, Braven Dyer in the Los Angeles Times, Hy Hurwitz in the Boston Globe, and Al Abrams in the Pittsburgh Post-Gazette did not write about the Robinson debut. Robinson was mentioned in the Boston Globe story in its game story with reporter Melville Webb stating, "Jack Robinson came nowhere near connecting for a hit, his longest blow being a pop fly to Litwhiler. The boy has a 'spread eagle" stance at the plate and handles his bat with no particular style."

The newspapers outside New York and Boston did not run their own articles on Robinson. The ones that did mention Robinson's play simply used wire service stories. The AP ran a 2-paragraph summary of the Dodger game with Robinson mentioned in the second paragraph. That was all that ran in Robinson's hometown Los Angeles Times as well as in many other papers. The United Press ran a summary of all the baseball games played on opening day, with the Robinson story making the seventh paragraph. The AP also did a separate sidebar on Robinson by Gayle Talbot, which featured Robinson saying that he wasn't nervous before the game. This ran in a very limited number of papers.

Even the Daily Worker, which had championed the integration of Major League Baseball, gave the Robinson story short shrift. The Worker's Lester Rodney mentioned Robinson in passing in the fourth paragraph and in the eleventh and final paragraph of his article. At the Daily Worker, the success of the masses played second fiddle to "Petey Reiser, the erstwhile cripple and favorite of the Flatbush fans."

On opening day in 1975, a reporter asked the Daily News' Dick Young about Robinson's 1947 debut at Ebbets Field. Young told the reporter he honestly couldn't remember it. It was not a surprising answer because to the media of the time, April 15, 1947 in Brooklyn was "Leo Durocher Day" or "Pete Reiser Day." It was certainly not "Jackie Robinson Day."

June 8, 2020

Who put the "ER" in the Theatre?

By Bennett Liebman
Government Lawyer in Residence
Government Law Center, Albany Law School

All entertainment and arts lawyers find themselves in the same vexing position. What is the proper spelling of the word describing a place or a building to watch plays, presentations or motion pictures? Is it a "theatre" ending with the -re, or a "theater" ending with the -er? How did we reach this conundrum, and does it matter at all?

The answer to the last question is the easiest one. It does not matter. The meaning of the word remains the same regardless of the spelling. The only item to note is that one can't alter the proper name of a designated specific theater or theatre. As the Chicago Manual of Style online states, "Proper names must not be edited for style or spelling." Therefore, the "Shubert Theatre" cannot be spelled as the "Shubert Theater".

In the United Kingdom, the -re spelling is considered the proper spelling. In America, the -er spelling is more frequently used.

How did we find ourselves with these divergent positions? Are England and America, as George Bernard Shaw allegedly said, "two countries divided by the same language?"

The etymological history starts with the fact that the word was derived in England from the French word "theatre." The Oxford English Dictionary finds that the term was first used in England in 1380. From 1550 to about 1700, it was primarily spelled with the "er" spelling. This is basically confirmed by a review of Google Ngram data shows that the peak use of the word "theater" (until the conclusion of the 20th century) was in the first quarter of the 17th century, Nonetheless, the use of the -er spelling faded out by 1700 and was entirely replaced by the -re spelling. It can be seen in Samuel Johnson's 1755 Dictionary of the English Language, which only uses "theatre". It has been that way ever since in the United Kingdom. So how did "theatre" become "theater" in the United States?

The answer is a simple one. Lexicographer Noah Webster in the early 19th century did not like the -re" endings used in England for words that had been derived from the French language. He wanted American spellings to be more phonetic. English spellings like sceptre, sepulchre, centre, metre, fibre, ordre, and calibre were discarded by Webster. In the same manner Webster changed the "theatre" to the "theater."

It took a while for the -er spelling to take hold, but by the 20th century it had become the predominant usage in America. The U.S. Government Publishing Office Style Manual lists "theater" as the preferred spelling. "Theater" is the spelling used by Corpus of Contemporary American English. The Associated Press Stylebook is pro-"theater". Even the Cambridge Dictionary notes that "theater" is the "US spelling of theatre."
Yet, the -re spelling has hardly been counted out in America. It is still frequently utilized, especially in the context of live plays. A 2019 survey of companies putting on live performances in Colorado found that 40 companies use the -re spelling, as compared to only 14 using the -er spelling. "The vast majority of companies that have Theatre or Theater in their proper names prefer the word Theatre... And a healthy number (38) perhaps smartly avoid the word altogether."

For much of America the spellings are interchangeable, with the clear edge going to the -er spelling. Yet for a good portion of the country, the -re spelling suggests the somewhat more pretentious live performances while the -er spelling is for the more mundane movie houses.

We all, however, can agree with the cause of the -re v. -er fight. How did we get there? Who put the -er in theatre? Put the blame on Noah Webster.

August 29, 2020

EASL Theater News for the Week of August 28

By Bennett Liebman

Broadway League Update on Actions Toward Equity and Inclusion,

Major Broadway Theater Owner Jujamcyn Sues Insurance Companies Over Paltry COVID Payout,

Insurers Battle Broadway Theater Owner Over Pandemic Payout,

First Indoor Theater Performances Since COVID Shutdown Get Equity Greenlight,

Unemployment Is Rampant. So This Theater Is Giving Freelancers Money.,

Social distancing guidelines for singers updated after new COVID transmission study results,

Theatre reopening 'doomed to failure' without insurance solution, UK,

For ever and a day: why we turn to Shakespeare at times of crisis,

Broadway Stars Reflect on the Theater Shutdown in New York City,

Theater Blog Roundup: 4 Essential Aspects of Playwriting, 15 Favorite Musicals, 50 Two-Handers, 74th annual Tony Awards,

How Theater Actors Are Surviving During the Pandemic,

Broadway Producer Brian Moreland on Racism, Fighting for Change, and How Theaters Will Reopen,

Column: Looking ahead to fall's weirdo 2020 Tony Awards, and what they must achieve,

Tony Awards Ceremony Will Go Ahead, Online,

September 7, 2020

EASL Theater News for the Week of September 4th

By Bennett Liebman

Without Rent Relief, 60 Percent of NYC's Independent Theaters May Close for Good,

Can Greek Tragedy Get Us Through the Pandemic?

Bringing the Theater Back to Life,

Actors' Equity Approves Alliance Theatre's A Christmas Carol: The Live Radio Play,

There'll Be a Theater Season. But How and Where and When?,

Investing in the Arts Will Speed Economic Recovery,

AKA NYC to donate 500 hours of work to Black theater producers,

Lincoln Center Theater launches play commission program for its Broadway house,


San Diego's live theaters form alliance to support shuttered industry, expand diversity,

If we get it right, digital could be a game-changer for commercial theatre,

The Disability Scorecard: Are You Doing a Panel, or Actually Doing Something?,

Stratford group unveils plans to rebuild and run historic Shakespeare theater,

September 11, 2020

EASL Theater News for the Week of September 11, 2020

By Bennett Liebman

Ben Brantley, Take a Bow,

New York City can't rebound without Broadway, and Broadway's road back is uncertain,

Fauci: We won't be able to sit in theaters until a year after an effective coronavirus vaccine is created,

Theater district restaurants eye reopening after indoor dining approval,

She Gave Up a Life to play Othello,

Please, please, help artists survive,

Center Theatre Group lays off more than half of its staff,

Will Chicago's Theater Scene Survive the Pandemic?,

How New York City's Return to Normalcy Hinges on the Return of Broadway,

In 'Jersey Boys' Ruling, Appeals Court Adopts New Standard for Nonfiction,

While members of Congress chew the scenery, the arts wait for scraps,

20 Theater Figures on How to 'Revolutionize' Their World,

At Stamford Palace, Blumenthal pushes federal support for theaters in crisis,

September 18, 2020

EASL Theater News for the Week of September 18th

By Bennett Liebman

When Will Long Island Theaters Reopen?,

On the Anniversary of 9/11, Lincoln Center Awakens With Hope,

How to Birth a New American Theater,

Leading live theatre through a pandemic The Nonprofit Journal Project,

Challenged to examine their White bias, some theater companies are taking on diversity -- from the top,

Broadway for Racial Justice Launches Initiative to Diversify Casting Offices,

Commentary: I'm lost without live theater. My wish list for how the digital show can go on,

Broadway's Roundabout Theatre Names Miranda Haymon As Resident Director,

Looking to Past Pandemics to Determine the Future of Theater,

A Broadway Season in Purgatory,

Fauci says Broadway will see a 'gradual return to normal' through 2021,

Boston-area theaters foresee a long road to recovery before reopenings are possible,

Gateway Playhouse suing Actors Equity for understudy benefits,

October 2, 2020

EASL Theater News for the Week of October 2, 2020

By Bennett Liebman

Study Shows Steep Revenue Plunge for Theatres, Some Hope for 2021,

Just 20% of New York theater created by people of color, study finds,

Commentary, How LA's Small Theatre Community is Fighting for Its Life,

Mellon Foundation to Provide $5 Million to Aid Black Theaters,

More Connecticut theaters move to membership models,

New York City Ballet Dropped From a Woman's Photo-Sharing Lawsuit,

The Shubert Organization Update on Actions Toward Equity and Inclusion,

Broadway leaders applaud inclusion of Save Our Stages in revised Heroes Act,

As Broadway Reels, One Producing Team Looks For A New Normal,

Washington state Attorney General Bob Ferguson sues Brown Paper Tickets,

Unemployed Stage Actors to Face New Health Insurance Hurdle,

Theaters Could Become Acquisition Targets During Pandemic,

Carrie Hope Fletcher: 'The arts aren't viable? See how you feel without them!',

Shakespeare is under threat from campus censors and Twitter mobs,

October 9, 2020

Theater News for the Week of October 9th

By Bennett Liebman

Breaking: Broadway Shutdown Extends Through May 2021,

There's Not Much Work for Actors. Now Their Unions Are Fighting.,

Actors' Equity Denies Asking SAG-AFTRA For "Waiver" In Ongoing Jurisdictional Dispute,

Sarah Jessica Parker: We Must Save Broadway,

After COVID-19 Shutdown, 7 Broadway Actors Return to Their Theaters,

Chicago's famed Second City comedy theater is now fully up for sale,

Best And Brightest Of Broadway Surprise Times Square With Pop-Up Performance,

Equity-League Increases Minimum Work Hours for Healthcare Eligibility,

"Instead of call-out culture, we're calling them in",

SITI Company Announces Final Season,

Some NY arts institutions have seen 40% decreases in income. What they're doing to survive.,

How Broadway is keeping busy, nearly 7 months into shutdown,

Richard Armitage: 'Theatre is hanging on by a thread',

Royal Shakespeare Company says more than 150 roles at risk due to pandemic,

Ruben Santiago-Hudson to join Manhattan Theatre Club as artistic advisor,

October 16, 2020

Theater News for the Week of October 16

By Bennett Liebman

Tony nominees issue calls for political action, financial support for Broadway,

The 2020 Tony nominations have been announced, and they're the weirdest ever,

How Weird Were the Tony Nods? Well, How Weird Was the Season?,

Tony awards 2020: unusual Broadway year leads to restricted nominations,

40 Black playwrights on the theater industry's insidious racism,

Column: For actors and other arts professionals, the healthcare safety net has been ripped to pieces,

Sonia Friedman: I've closed 18 shows and paused 10. Here's my cure for theatre,

Disneyland to lay off 200 actors as 'Frozen Live' and 'Mickey and the Magical Map' close amid pandemic,

How Live Theater Is Innovating Its Way Through the Pandemic,

Despite Every Barrier, This Artist Created Safe, Socially Distant Live Theater--No Zoom Required,

Head of Huntington Theater Company Resigns Amid Internal Strife,

Tiffani Gavin at the O'Neill: Not a Program, a Priority,

Broadway Will Be a While. These Venues Say They're Ready Now.,

Broadway performers face uncertainty: "The future is completely anyone's guess at this point",

Sports Law News for the Week of October 16

By Bennett Liebman

DraftKings, Penn National Rise as Legal Sports Betting Gets Closer in New York, Michigan,




There are 69 cases of COVID-19 connected to SpinCo. This member says the owners did 'everything right' to keep patrons safe,



The Lawyer Who Took on the NFL Over Concussions Has a New Strategy That Could Devastate the NCAA,

Why football's new handball rule is proving so controversial,

The impact of Brexit on Sports Law,

Massachusetts provided impermissible financial aid in two sports,

The SEC's Surge of COVID-19 Cases Is a Predictable Result of Pandemic Football,

Can Faculty Save A College's Olympic Sports Programs? William & Mary Might Just Provide A Test Case,

Online Investment Platform Offering Shares Of 1937 Heisman Trophy, Other Sports Memorabilia,

NFLPA Advises Against Player Endorsements With CBD Companies,

ShowBuzzDaily Weekly Sports TV Ratings,

October 23, 2020

Sports Law News for the Week of October 23rd

By Bennett Liebman

Pro Gamblers Accuse NV Bookmaker Of 'Cheating' On In-Game Bets,

A Biden-Harris Administration, Democratic Senate Paints Rosier Picture For Sports Betting Nationwide,

NCAA executive: College sports' financial woes could last into 2023,

Three Years Ago, the College Basketball Corruption Scandal Promised a Reckoning. Where Is It?,




NCAA statement regarding Supreme Court petition for Alston case,


Gregg Marshall Allegations Illustrate the Wichita State Coach's Own Weakness,

What Does LSU Football Submitting "Self-Imposing" Penalties Amid NCAA Investigation Mean for Program?.

Global Sports Leagues and China's Free Speech Problem,

Guest Column: In Defense of the Big Ten's Decision to Play Fall Football,

In re TCR Sports Broadcasting Holding v. WN Partner LLC,

Steve Cohen's Mets purchase will have to go through Bill de Blasio,

Pro gambler sues Preet Bharara claiming misconduct in insider trading case,


Theater News for the Week of October 23th

By Bennett Liebman

'Shuffle Along' and Insurer Drop Pregnancy-Prompted Lawsuit,


SAG-AFTRA and Actors' Equity Feud Over Streaming Rights for Theater Productions,

Save Our Stages re-emerges in new Senate small business bill,

Most U.S. theaters stay dark, 8 months after COVID-19 started. Some blame Actors' Equity., Florida

Future of theater? Not exactly sure, but Diane Paulus is working on it,

We've had endless, endless plans': How the National Theatre got its doors back open,

Can We Imagine Something Better?,

Column: For actors and other arts professionals, the healthcare safety net has been ripped to pieces,

Broadway music leaders form coalition to diversify the industry,

Theater professors wait in the wings during Broadway shutdown,

In the Boardroom Where It Happens,

Marge Champion, Dancer, Actor and Choreographer, Dies at 101,

Firehouse Theatre Shuts Down BACK TO THE '80S Due to Positive COVID-19 Tests,

New Musical by Weinstein Accuser Set for Screening,

October 30, 2020

Sports Law News for the Week of October 30th

By Bennett Liebman


Lawyers: Bill de Blasio will have hard time blocking Steve Cohen-Mets deal,



NCAA giving coaches 42 million reasons to cheat,

The Death of a Racehorse,

After another positive, Bob Baffert case will test racing's commitment to drug reform,


What's next for Dodgers, Justin Turner after COVID debacle?,

MLB hammers Justin Turner in statement, but it deserves blame for this debacle, too,

NU found nonconference opponent to replace Wisconsin, but Big Ten denied request to play,

Fantasy Sports Law Update: IRS Weighs in on Legality,

Fantasy Sports Is Not a Game of Skill,

Bishops Support Bills to Protect Title IX Sports Programs for Women, Girls,

Charter Adds Pay TV, Broadband Subs, Expects Sports Rebates,

American tennis player given 4-year ban for positive test,

Swiss court poised to rule on Valcke and Al-Khelaifi cases,

Adidas Sued by 'Inner Game' Author for Alleged Trademark Use,

Theater News for the Week of October 30th

By Bennett Liebman

Eight Small New York Theaters Sue Cuomo Over Pandemic Restrictions,

NYC Theaters Sue de Blasio, Cuomo Over COVID Closures,

Democratic congressional candidate Amanda Stuck focuses on Broadway career of Mike Gallagher's wife,

Walt Disney World Layoffs Hit 720 Actors' Equity Members,

Dear American Theatre: Don't Forget About Immigrant Artists,

To Be or Not to Be: Theatres Brace for Another Season of Uncertainty,

Westchester Broadway Theatre permanently shuttered due to pandemic,

Westchester Broadway Theatre won't reopen, a victim of COVID shutdown,

City partners with local theatres to launch Off Broadway in the Boros: Pop-ups,

Sen. Chuck Schumer continues the push for Save Our Stages,

Broadway Casting & Live Event Exec Resigns For Failure To Meet "High Standards",

Walt Disney World Layoffs Hit 720 Actors' Equity Members,

Yes, We Liked the Berkshires Shows. Here's $2 Million,

Bay Area live theater industry sees bleak future: 'No one has a plan',

The coronavirus keeps most London theaters dark, while performers stock grocery shelves,

November 6, 2020

Sports Law News for the Week of November 6th

By Bennett Liebman

ESPN to lay off 300 people. Here's the memo,

WADA agrees to pay French international Mamadou Sakho 'substantial' damages,


'Everything has changed': Canadian companies looking to cash in as sports-betting legalization spreads,

Antonio Brown seeks delay in sexual assault civil trial,

Adam Silver boosts urgency on deal for NBA's pre-Christmas start,



Three-State Sweep: Maryland, Louisiana and South Dakota Say Yes to Legal Sports Betting,

Gambling wins big at the polls in 2020, with 3 states authorizing legal sports betting and 3 others approving or expanding casino gambling,

Anthony Van Dyck euthanised after breaking down during Melbourne Cup,\

Dominik Beier: Gambling sponsorship in sport "absolutely justified",



Trial for ex-Angels employee in connection with Tyler Skaggs overdose death set for December,

Brandt v. Davis Mass Appeal Court on standard of care to athletes

He May be Undefeated in the Ring, but Floyd Mayweather Got Knocked Out at the Trademark Office.,

News Site Allowed to Embed Athlete's (Caroline Wozniacki) Instagram Retirement Post 2020,

Theater News for the Week of November 7th

By Bennett Liebman

For the Arts in Europe, Lockdown Feels Different This Time,

Voters in Jersey City Embrace a New Tax to Finance the Arts,

Tax Referendum to Support the Arts Passes in Jersey City 2020 Election,

How Can We Get the Arts Some Bailout Money?,

Taking the Heat, and Leading Through Crises, at Oregon Shakes,

Jeremy O. Harris Is Spending HBO's Money on Producing Plays and May Be Funding the Revolution,

'Hamilton' Was Just the Beginning. Hollywood Loves Broadway, Again.,


Chita Rivera on Stage Fright, Fosse and Why She Never Reads Reviews,!

GALA Theatre is a covid-19 'guinea pig': first District theater to resume live indoor performance,

Coronavirus Study in Germany Offers Hope for Concertgoers,

Rishi Sunak's UK furlough extension 'major step forward' for theatres, says Nica Burns,

How One Producer Is Trying To Save The West End Theatre Industry,

With performers infected, La Scala season premiere canceled,

Only 'For You': A match-making program at Court Theatre pairs up artists and seniors,

Sarasota theaters partner to bring arts education to students,

amBroadway: Public Theater turns into art, 'Cinderella' to premiere in London and more,

Between the Disney layoffs and the Parliament House closing, last week was the worst ever for Orlando entertainers,

November 13, 2020

Sports Law News for the Week of November 13th

By Bennett Liebman

DraftKings Earnings Mixed, But DKNG Stock Jumps On Strong Guidance,

DraftKings Form 10-Q SEC,

'Majik Man,' 23 surgeries later, is face of NFLPA-retiree disability standoff,


Massachusetts' casinos aiming to control sports betting market,



Clenbuterol Found in 77% of Indicted Trainers' Horses,

Canada bans methadone for racehorses,


Luhnow: Red Sox sign-stealing punishments didn't 'pass the sniff test',


New York Jets union rep Greg Van Roten says players not bothered by security cameras in locker room,


Battle for Senate Control Is a Double-Edged Sword for NCAA on Name, Image and Likeness,

SBJ Football: Fired Texans PR Chief Lawyers Up,

CAS partially upholds the appeals of Saman Ghoddos and Östersunds FK,

Will Biden Upend Sports Gambling? Don't Bet On It, Attys Say,

Former San Francisco Giants player Mac Williamson sues team over bullpen concussion,

Motion to Disqualify Sports Lawyer Peter Ginsburg in case of Reed v. Slavin,

Theater News for the Week of November 13th

By Bennett Liebman

Drama League forms new directors council,

Pride Films and Plays faces fresh turmoil as new artistic director resigns,

New Study: Digital Performances Are Landing With Loyal Audiences,

In Biden victory, a cast change: Out with Richard III, in with Atticus Finch,

How Ticketmaster Plans to Check Your Vaccine Status for Concerts: Exclusive,

No More: Off-Broadway Theaters Bring Litigation to Obtain the Same New York Reopening Rights Granted to Restaurants and Bowling Alleys,

Where Theater Goes From Here, According to an Actor, Producer + Artistic Director,

How To Cope With the Broadway Closure,

Broadway shows may not report grosses upon return,

Educational Theatre Association Releases Results of Survey Tracking Effects of COVID-19 on School Theatre,

What Is Black Theatre United Up to Since Its Founding?,

Broadway, fans, and COVID-19: The show must go on(line),

Waiting in the wings: how a second lockdown halted theatre's comeback,

No shows, no insurance: Broadway actors losing health care as shutdown drags on,


For Germany's Theaters, a Reluctant Intermission,

A.R.T./New York Executive Director Virginia P. Louloudes Steps Down Amid Systemic Racism Concerns and Investigation,

November 20, 2020

Sports Law News for the Week of November 20th

By Bennett Liebman

FAI investigating Ireland manager Stephen Kenny after 'showing anti-English video to players',

English sports clubs granted £300m emergency funding package,

Newcastle United confirm legal dispute with Premier League over proposed Saudi takeover,

NCAA's broken and corrupt system exposed again with ugly Gregg Marshall saga,


2nd Circuit Court of Appeals decision in Charles Oakley v. Dolan,



Under Armour will end $50 million sponsorship with University of Cincinnati, reports say,

Yankees' Aroldis Chapman says advisor stole $3M and spent it on exotic dancer, lavish lifestyle,


Florida Lawyer Charged With Extorting N.F.L. Player in Robbery Case,



Robinson Cano's entire career is now in question: Sherman,

Rabalais: Ed Orgeron's seat isn't that hot yet, but USA Today report has it warming up,

Baylor Calls Sanctions Bid In Title IX Suit 'Shocking',

CONI President warns issues with controversial draft sports law not solved by Sports Minister's letter to IOC,

Theater News for the Week of November 20th

By Bennett Liebman

The Editorial Board: Support for the arts is urgent as institutions suffer under the pandemic,

Broadway Industry Says Covid-19 Vaccines Could Hasten Revival,

Tina Fey To Host NBC's 'One Night Only: The Best of Broadway' Two-Hour Special,

SAG-AFTRA And Actors' Equity Resolve Jurisdictional Dispute Over Taping Of Live Theater,

Broadway Advocacy Coalition and Columbia Law School Seeking Artists to Tackle Police and Prison Reform Through Performance,

How NYC Nonprofit Statement Arts Gets 100% of Its Kids Into College,

Will the covid-19 vaccine mean theatre curtains can rise again?,

Jacob's Pillow Theater, Site of Dance Festival, Is Destroyed in Fire,

Tourism, Engine for NYC Economy, May Not Fully Recover Until 2025,

When Political Theater Ditches the Disguises of Fiction,

In a stunning turn, Ari Roth resigns from Mosaic Theater, the D.C. company he created,

Sony Music Masterworks Acquires 50% Of Broadway's 'Slave Play' Production Company Seaview,


How one resourceful NYC theater produced new musicals safely in a bubble during the summer of COVID-19,


What happens when there's no business like show business? How Broadway stars are pivoting amid Covid-19,

New York won't really live again until Broadway is back,

Lockdowns Aren't Funny. But You've Still Got to Laugh.,

November 27, 2020

Sports Law News for the Week of November 27th

By Bennett Liebman

Could the Bally's-Sinclair deal bring sports betting to California, Texas and Florida?,

France Galop: French horseracing to lose €30m in new lockdowns,

MLB Fan Survey Looks For Answers On Ballpark Safety, Protocols


Controversial 2017 Canadian Derby Declared Official--For Fifth Time

What it was like to be a female athlete before Title IX - Harvard Gazette

A Cal Football Player Opted Out Because of the Virus. Then Came the Tuition Bill,




The Media Can't Let Coaches Tell College Football's Covid Story | Barrett Sports Media

Facial Recognition at Sports Venues: Enhancing the Gameday Experience While Minimizing Liability | Blank Rome LLP - JDSupra

Financial Constraints Loom Over New York Yankees' Offseason Plans,

NCAAW: 93 percent of women's basketball student-athletes graduate - Swish Appeal

South Korea charters plane to bring home footballers infected with coronavirus

Coleman appeals ban that would rule him out of Tokyo 2020

Cameo Comes to College Athletics with Teamworks/INFLCR NIL Deal,

Drake Group Decries NCAA Infractions Decision concerning UMass Women's Tennis and Former Athlete, Brittany Collen,

Two-week ban given to NFL player highlights anti-doping issues in US, WADA claim

Theater News for the Week of November 27th

By Bennett Liebman

Theater Educators Struggle to Keep Shows Going Amid COVID-19,

Curtain Raisers,

Broadway Advocacy Coalition Names Inaugural Artivism Fellows,

Executive Director Tina Fallon Leaves Dramatists Guild,

Dinner Is No Longer Served: Theater That Built Careers Is Gone,

A Weinstein Accuser, A Miramax Bidder, A Top Broadway Director And Hollywood's Premier Songwriter Created The First #MeToo Musical - And Then
Covid Arrived,

'All Arts Organizations Are Media Companies Now': How the Pandemic Is Transforming Theater,

What's Next for Streamed Theater?,

Will "Ratatouille The Musical" make it to Broadway?,

Theater Blog Roundup: The Benefits of Giving Thanks, The Importance of Theater,

Loosening a headlock,

Theatres are trapped in a painful game of 'Jeopardy!',

Black Theatre Coalition Partners With Columbia University's MFA Theatre Management and Producing Program,

Lin-Manuel Miranda: 'Death suffuses my work, and part of that is growing up in New York',

Actors' Equity, SAG-AFTRA Settle Dispute Over Filmed Theatre,

Exploring the legal world of Hamilton -- and 'Hamilton' -- in collection edited by a Drexel law professor | Book review,

Will the covid-19 vaccine mean theatre curtains can rise again?, Sonia Friedman Podcast,

AMERICAN THEATRE | Second Actors' Equity Diversity Report Shows 'Incremental' Shifts,

December 4, 2020

Theater News for the Week of December 4th

By Bennett Liebman

Here's what readers think of COVID-era virtual arts,

Longtime Board Chairman Steps Down at Apollo Theater,

Dr. Anthony Fauci Sheds Light on What Coronavirus Vaccine Efficacy Means for Broadway,

Fauci Says Widespread Vaccine Use Could Reopen Broadway By Fall 2021,

Intermission: How Long Until the Curtain Rises Again?,

Cuomo Passes Law Protecting New York Actors From Unauthorized Image Use,

New Theatre Producers of Color Group Sets Mentorship Program,

Theatre Producers of Color Announce BIPOC Producing 101 Course,

Bah, Pandemic! How Theaters Are Saving 'A Christmas Carol',

The culture is ailing. It's time for a Dr. Fauci for the arts.,

Actor Harry Lennix plans to build 'the Black version of Lincoln Center' on Chicago's South Side,

Theatre companies in tier 3 areas describe 'shock and heartbreak',

Don't vilify the giants of commercial theatre - they're the lifeblood of the industry,

Andrew Lloyd Webber believes in Broadway and the West End's imminent rebirth,

Connecticut arts groups to split $9 million in COVID relief grants aimed at making a difference 'of survival',

With Germany's Theaters Closed, the Drama's Online. Again.,

Movie theaters, live venues would get billions in covid aid from stimulus package,

State funds may have saved Racine Theatre Guild from being another COVID casualty,

Verve Expands Theater Presence With Key Signings,

Health care workers raise money for out-of-work Broadway performers,

December 11, 2020

Theater News for the Week of December 11th

By Bennett Liebman

As COVID-19 continues to worsen, nation needs a New Deal for the arts,

Is it Still Broadway If It's Hosted by Tina Fey,

Brighter days for arts forecast in Biden administration,

November 2020: Ticket Sales & Philanthropy,

Power Lawyers 2020: New York's Top 20 Entertainment Attorneys,

TCG Releases Theatre Facts 2019, a Pre-Pandemic Snapshot of the Field,

Rerouting the Casting Pipeline,

'Arts organizations are back in business': NYC performances prep for Spring 2021,

Moves in Culture,

'Six' Tries to Get Back Onstage. Again, and Again, and Again,

New York Philharmonic Musicians Agree to Years of Pandemic Pay Cuts,

Metropolitan Opera to Lock Out Stagehands as Contract Talks Stall,

Actors Equity Releases Statement After New Unemployment Report Reveals Highest Numbers Since September,

Months After Inequity Reckoning, Flea Theater Discontinues The Bats and Other Resident Artist Groups,

Crowd-created TikTok phenomenon Ratatouille the musical is coming to Broadway,

Who's Zoomin' who? Playwrights adapt by incorporating digital platforms into their scripts,

£165m in emergency loans given to hard-hit UK arts organisations,

Best theater in 2020: In a year to forget, virtuoso performances to remember,

Sports Law News for the Week of December 11th

By Bennett Liebman

New York Democrats mull legalizing weed, taxing the rich amid COVID money crunch - and mobile sports betting,

Top lawmaker sees sports betting in Connecticut a reality next year as Foxwoods and sports entertainment business announce a deal,


NFL Viewership Poised For Single-Digit Decline This Season,

In blow to UFC, judge certifies class of fighters suing for bigger revenue cut,




MU tennis players say coaches told them to play through injuries, ignore NCAA rule,

Volleyball Star Hayley Hodson Had It All,


NBA fines Kyrie Irving, Brooklyn Nets for his media week no-show,

NFL gets mixed grades for its hiring practices in annual diversity report card,

FIFA moves away from proposal banning international regular-season games,

WHO Emergency Expert Says Be Prepared: Host City 2020,

Ciprès facing felony charge over alleged sexual abuse,

USOPC will not sanction athletes for protests as Council calls for Rule 50 changes,

Swiss prosecutor recommends criminal investigation into Infantino's use of private jet,

Video: Texas high school football player who hit referee charged with assault,

Harvard's former fencing coach indicted for taking $1.5 million in bribes to help two students gain admission,

December 18, 2020

Theater News for the Week of December 18th

By Bennett Liebman

Stimulus talks could spill into weekend as lawmakers scramble to complete deal,

Behind The Scene: David Weingarden on the Battle to Save Our Stages,

The Flea Theater Conflict Raises Questions of Equity and Exploitation,

When Broadway comes back: 5 ways the pandemic will transform the live theater industry,

What is the Future of Streaming Theater,

Bushnell Needs Aid to Survive Pandemic,

New York City Awards to Cultural Groups,

UK Theatre Problems,

Ann Reinking and Chicago,

Ann Reinking Dies at 71,

Shubert Organization Appoints Pamela Newkirk,

Manhattan West Includes Theater,

'Moulin Rouge' to Tour,

Lin-Manuel Hopeful about Broadway,

Covid-19 and LA Cultural Institutions,

Live Theater in Atlanta,

Producers and Podcasts,

Actors Finding Work,

Changing the American Theatre,

AFTA Leader Robert Lynch on Leave,

Theater community takes on new roles during the pandemic,

Bumps on the Road From Broadway to Hollywood,

Sports News for the Week of December 18th

By Bennett Liebman

How Adrian Peterson is fighting back, claiming in court filings he doesn't owe the entire $7.5 million (and rising) debt,

Charles Oakley wants Knicks owner James Dolan named in assault suit,

NFLPA votes unanimously to amend player benefits in CBA,

What's in a name change? The logistics of retiring and creating a team nickname,

WADA "disappointed" elements of Russia sanctions watered down but claims victory in CAS case,


Russia has been barred from competing at the upcoming Olympics, World Cup, and more,

Democratic senators introduce 'College Athletes Bill of Rights' that could reshape NCAA,

Supreme Court Will Hear A Sports Law Case That Could Destroy The NCAA's Restrictions On Athletes,


Supreme Court to consider NCAA student-athlete compensation, class action rules,

Silencing the Spoilsports: How 'Pay the Players' Drowned Out College Sports' Fiercest Critics,


'Massive Step Forward': Premier Lacrosse League Taking Over Major League Lacrosse,


DraftKings in a New York state of mind with huge potential seen,

Governor Cuomo Opens Avenue to New York Sports Betting in 2021,

European Union General Court says ISU rules did breach competition law,

Circuit Umps Look Poised to Knock Out Class Action Over Baseball Cheating Scandal,

Yankees fight in appeals court to keep report on sign stealing secret,

December 24, 2020

Theater News for the Week Ending December 25th

By Bennett Liebman

Broadway Sees Lifeline in $15 Billion Aid for U.S. Entertainment,

Broadway community applauds relief package, but says more is needed,

Stimulus Offers $15 Billion in Relief for Struggling Arts Venues,

House And Senate Pass Massive Covid-19 And Government Spending Package: What's In It For Showbiz,

My dream for theater: Toss the old business model in the dumpster fire of 2020,

A Chance to Invest in the Next 'Hamilton'? Broadway's Financiers Say to Call Them Now.,

Rebecca Luker, a Broadway Star for Three Decades, Dies at 59,

Rebecca Luker, 3-Time Tony-Nominated Performer, Passes Away at 59,

With a Beloved Cafe Threatened, Broadway Stars Put on a Show,

The most exciting theater now is a figment of our imagination, How TikTok and social media are changing Broadway fandom,

Turning Great Plays into Bad Films, T

The 10 Best Theater Moments of 2020,

Let's Be Real: These Programs Won't End Racism at Your Theatre,

'It's More Money Than I Imagined.' So He's Giving Some of It Away,

Why Would a Broadway Actor Choose to Live in Philadelphia?,

The Artists We Lost in 2020, in Their Words,

Remembering Broadway's shining stars who died in 2020,

An Online Show that Runs and Runs (and Runs),

Seven Broadway Stars Who Have Created New Businesses During the Pandemic,

How Broadway's workers are getting through the shutdown together,

Sports Law News for the Week of December 25th

By Bennett Liebman

Why LeBron James seeks $1 million from courtside photographer in countersuit,

Report: Washington paid $1.6 million to settle a sexual misconduct accusation against Daniel Snyder, R



Santabarbara: It's time for legal mobile gambling,

Report: NHL looking to raise US$15m from 2020/21 helmet sponsors,

'It Doesn't Work': Critics of Russia's Doping Ban Blame the System,


Opinion: By handing drug enforcement to U.S. Anti-Doping Agency, can horse racing clean up its act?,

Column: If Supreme Court rules against NCAA athlete compensation, the fight must not end, How might Supreme Court rule on NCAA athlete compensation?

Supreme Court to Weigh in College Sports: The Intersection of Antitrust and "Amateurism",

Michigan Appeals Court decision in People v. Larry Nassar, COA 345699 PEOPLE OF MI V LAWRENCE GERARD NASSAR Opinion - Per Curiam - Unpublished 12/22/2020

Joe Nocera: Supreme Court can end the college sports charade,

USADA find three-time Olympic archer Ellison not at fault after positive doping test,


Sun Yang's doping ban referred back to Cas after Chinese swimmer's appeal,


COVID, legislation, lawsuits signal change in college sports,

Parents sue Illinois Gov. Pritzker over winter sports cancellation due to COVID,

Athletes, doctors, former AGs file briefs opposing Idaho transgender sports law,

January 3, 2021

Sports Law News

By Bennett Liebman

The Sports Feats That Defied Covid,

Tampa Bay Buccaneers Bring Football and Fans Back to Raymond James Stadium Safely,

Former AG Loretta Lynch Joins NFL Probe of Escalating Fight Among Washington Football Team Owners,

MLS informs players' union that it will invoke force majeure clause in CBA - source,

WFT partners allege financial malfeasance; Daniel Snyder calls that 'scandalous',

Why Dwayne Haskins Agent Tweeted About Ending Their Relationship,

Google, Microsoft and Facebook among Major League Cricket in the United States investors,

Italian swimmers test positive for COVID-19 following national championships,



Horseracing Integrity And Safety Act Signed Into Law,

Key sports law cases and developments of 2020 - North America,

EU General Court delivers ruling on the application of EU competition law to sports authorization rules and upholds the role of the Court of
Arbitration for Sport,

A State Skirmish Over N.C.A.A. Amateurism Rules Has Quickly Become a National Battle,

Which bill to compensate college athletes will win out, and which one should?,

Jeff Brandes again wagers on legalized sports betting,

Spartan Accommodations: Winning Football Masks San Jose State Troubles,

Theater News for the Week

By Bennett Liebman

In Memoriam: A Look at the Theatre Artists We Lost in 2020,

Theater Died in 2020. Its Rebirth Will be Suitably Dramatic,

Mental Wellness in Chicago,

Broadway 2021: What Will It Look Like When New York Turns Lights On,

Cuomo's New Buffalo Pilot Plan Is a Go, Could Be Gateway to Reopening Broadway,

Fans at Bills game could be first step for reopening Broadway, concerts, other venues,

Broadway 2021: What To Expect When New York Turns The Lights Back On,

Dr. Fauci Has Hope That Theaters and Sporting Events Could Resume Sooner Than Planned,

When and How Will Broadway Re-Open? Industry Leaders Look Ahead,

How 'Ratatouille' the TikTok Musical Became 'Ratatouille' the Broadway Musical,

A Theatre of Circumstance, or, From Stuck to Strength,

Top Posts of 2020: Hamilton on Stage, On Screen and in Japanese,

Chicago theaters, music stages welcome 'crucial' funding in COVID-19 bill Chicago theaters,

A COVID-19 vaccine is here, but theaters seek New Deal,

Theatre in 2020: a recap,

How Jewish theater adapted to the pandemic era,

Dewey decibels: High school to build Broadway-caliber theater,

Like Restaurants, New York Theater Is Going Al Fresco This Spring,

Rear-view mirror | About Last Night,

January 10, 2021

Sports Law News for the Week of January 8th

By Bennett Liebman

Sports Law In 2021 - Key Issues To Watch In North America,

Sports Law In 2021 - Key Issues To Watch In Europe,

New York Yankees: Is the Yankee's clean appearance policy legal?,


State of Emergency Officially Declared in Tokyo,

Maryland's Path To Legalized Sports And Event Wagering In 2021,

'Like nothing we have ever seen': 2021 predictions from sports business figure,

NFL likely to issue fines over secrecy breaches in heated WFT litigation,

Opinion | The future of sports is embracing digitization,

LPGA commissioner Mike Whan announces shock departure,

Trek used bogus safety claims to market pricey bike helmets, lawsuit says, T

IOC stress need for vulnerable priority but hopeful of pre-Tokyo 2020 vaccinations,

US Soccer "looking into" Morgan's positive COVID-19 case,

Querrey defends decision to flee Russia after contracting COVID-19,


ETHAN ELALOUF decision Florida appellate decision on student-athlete release for negligence,

Key Sports Law Cases And Developments Of 2020 - North America,


UPDATE: Michigan Joins Growing Number Of States Granting Name, Image, Likeness Rights To Collegiate Student-Athletes,

Congress Should Pass A Bill Granting College Athletes The Right To Unionize,

January 15, 2021

Theater News for the Week of January 15th

By Bennett Liebman

Cuomo Transcript on State of the State Arts, Video, Audio, Photos & Rush Transcript: Governor Cuomo Outlines 2021 Agenda,

Schenectady Theater CEO on State of Performing Arts,

Musicians groups pan Cuomo's arts program,

New York to launch 'arts revival' performances,

The show will go on,' Cuomo says,

Dr. Fauci says live shows will be back,

Theaters Could Reopen in the Fall,

York Theatre Company Dealt Another Blow,

The State of Broadway: January 2021,

Broadway Actors are Finding Solace in Television Gigs,

Risk Of Aerosol Transmission In Concert Hall Can Almost Be Excluded, German Study Finds,

UK report reveals 'disgraceful' gender inequality in the arts,

Arts in Crisis, The Arts Are in Crisis. Here's How Biden Can Help.,

A Playwright's New Subject: Her Husband,

What Canadian theatre companies need to survive,

Mobile Ticketing,

Broadway industry members await guidelines,

How 8 Countries Have Tried to Keep Artists Afloat,

Modest Beginnings, Towering Legacy: The Negro Ensemble Company,

Ben Brantley: A Critic Is a Mirror, Not a Shaper,

Hundreds Of Playwrights And Composers Urge Biden Administration To Prioritize Arts Support,

January 17, 2021

Sports News for the Week of January 15th

By Bennett Liebman

Two Democrat Senators Spar With NCAA Over NIL, College Athletes' Rights,

The NCAA Can't Make Up Its Mind On Athlete NIL Rights; Here's Some Help,

Mark Emmert opposes idea to separate FBS football from NCAA: 'Couldn't disagree more',

Dwayne Haskins Early Career and Release,



Predatory Practices t NJ Sportsbooks,

Sportradar granted £215k legal costs in on-going battle with Football Dataco and Betgenius,

Ten Influencers 2021: Why these figures will define the sports industry year ahead,

Adrian Peterson ordered to pay $8.3 million over loan default,

CAS publishes the Arbitral Award in the arbitration WADA v. RUSADA,

The Court of Arbitration for sport reduces Russia's doping ban to two years,

Harrison fined by ATP after refusing on-court interview over mask wearing,

Doctor Schmidt faces potential prison sentence with verdict due in doping trial,


Gov. Cuomo's Plan for Mobile Sports Betting in New York Faces Questions,

New York Ready to Embrace Mobile Sports Betting,

NCAA Concussion Win in First Trial Verdict Will Stand,

Colleges Paying Top Dollar for Coaches Will Pay Extra to IRS,

January 22, 2021

Sports News for the Week of January 22nd

By Bennett Liebman

Japan dismisses 'categorically untrue' stories that Tokyo Olympics are doomed,

Memorandum of Governor Cuomo's Budget Piece on Mobile Sports Wagering Memorandum in Support,


Opinion of 1st Circuit in Wire Act Case,

Breaking down the lawsuits of former Duke men's basketball star Zion Williamson,

'A cautionary tale for unscrupulous agents': Zion Williamson wins big in lawsuit,

As Congressional Power Shifts, NCAA Reform and Athletes' Rights Are Firmly in the Crosshairs,

Most college athletes can't accept brand sponsorships or deals. That could soon change,

'Be nice': For female reporters, it can feel like there is no other choice,


FIFA's 2021 Regulatory Changes - Female Players, Coaches, Brexit And More,

Sports Law In 2021 - Key Issues To Watch In North America,

The NBA's Pandemic Request: Yes to Dunks, No to Hugs,

Under the Radar 'Varsity Blues' Trump Pardon Is Particularly 'Inexplicable,' and Swampy,

At Large | US sport has already moved beyond Trump but its real debates lie ahead,

Patrick Mahomes' injury: What happens next with concussion protocol?,

Horse racing people believe that if the NHL is allowed to operate, so should racing,


Gambler Billy Walters' commuted sentence helped in part by Phil Mickelson,

2nd Circuit Wire Fraud Decision on Adidas Sports Marketers,

Top Honor for a Tennis Player With Intolerant Views Draws Outrage,

Theater News for the Week of January 22nd

By Bennett Liebman

New Report: Audiences Want Vaccines and Masks Before They Return,

Actors' Equity warns delay in vaccination efforts will hurt theater industry restart,

In two years, a sea change in the number of women running Connecticut theaters,

Gov. Cuomo proposes tax credits for theatrical productions,

Cuomo Introduces Tax Credits For Arts & Entertainment,

Cuomo offers 'peanuts' to restaurants and theaters,

A starry, elegant inaugural ceremony launches a new era,

Broadway Reacts to the 2021 Inauguration,

Actors' Equity Blasts Trump's Freeze On $110 Million NEA & NEH Funding,

Remembering Philip J. Smith,

Community theaters, shut out of COVID relief funding, lobby for help,

Paging Through Broadway While the Stages Are Dark,

UK theatre bosses eye 2021 with resilience and realism,

'Moulin Rouge!' Was Their Ticket, Then 2020 Happened.,

How Theater Stepped Up to Meet the Trump Era,

Milwaukee Rep Awards $60,000 in Freelance Artist Relief,

The Black Seed Unveils Generous Grant Program for Black Theatres,

My nominees for a Secretary of Culture in the Biden Cabinet,

Will Chicago have music and arts this summer?,

'Let's Open Up Music Venues For COVID Testing',

Broadway Veteran Exiting Theatre Biz for Teaching Career,

January 29, 2021

Sports News for the Week of January 29th

By Bennett Liebman

College Students Are Filing Record Number of Lawsuits to Fight Sex Discrimination in Athletics,

Baseball Cares About Character? That's News,

Fluid Fans Help Manchester City To 'Most Innovative Sports Team' Crown,

Buchwald Expands Into Sports With CSE Agency Partnership,


Americans Uncomfortable Attending Live Sports Until Herd Immunity,


The EU General Court's Ruling On Exclusive Arbitration Agreements In The ISU Case,

Access To Justice For Survivors Of (Sexual) Harassment And Abuse In Sports,


An Olympic Sport, a Christian College and a Unifying Cause: Gun Rights,

Another Big Labor Fight Is Brewing in Major League Baseball,

Naomi Osaka acquires stake in NWSL's North Carolina Courage,

Patriots' Bob Kraft, Bill Belichick dragged into Arkansas suit against ex-coach,


Sanctioning Footballers For Social Media Posts: PSG & Neymar V UEFA,

This Is What Is At Stake When We Talk About Transgender Athletes,

Sports data rights in 2021: the outlook,

FTC Files First BOTS Act Cases,


Theater News for the Week of January 29th

By Bennett Liebman

In Miami, making live theater work during the pandemic,

Benefits of Virtual Programming in Chicago, Survey of 61 Small Arts Organizations in Chicago Reveals Benefits of Virtual Programming, Impact on Plans for 2021,

New York City's Creative Class Faces Health-Care Crunch,

Broadway League offers theaters as vaccination sites,

Broadway League Co-Signs Letter Offering Help with COVID-19 Vaccine Distribution,

What counts as theater in a COVID-19 era of streaming?,

Cuomo Announces New York Arts Revival,

Leon Levy Foundation Awards $250,000 to ART/New York,

UK government working on 'realistic return date',

Creativity Drove the Inauguration--It Should Drive the Recovery, Too,

The Biden-Harris Administration and the Arts,

The Improbable Rise of Mike Nichols,

Stewart/Whitley hires new assistants,

IATSE president offers union members to help build vaccination centers,

Actors' Equity President: Union Is "Ready Workforce" To Vaccinate U.S,

In The Midst Of The Pandemic, This Resourceful Broadway Star Discovered A Side Hustle He Adores,

Ontario theatres forced to cancel livestreamed shows, while film and television shoots continue,,%20while%20film%20and%20television%20shoots%20continue&utm_campaign=newsletter&cu_id=el%2F0O6erOqW5qHlmWhoPVgR6m6gNw1iOOyTgTOX6nPY%3D

The vanishing Tony Awards must go on,

An Oral History of the Broadway Shutdown,

25 Years Since The Birth Of 'Rent' And The Death Of Its Writer, Jonathan Larson,

February 5, 2021

Sports Issues for the Week of February 5th

By Bennett Liebman

Social Media Post Puts LeBron on Defense,

The Complexity Of EA Sports College Football Without Athlete Group Licensing In Place,


EA Sports Is Reviving Its College Football Game,

NCAA Brief to Supreme Court,">">


The Balancing Act Task Before The Court Of Arbitration For Sports And The Question Of Proportional Penalty,

There's a Plan to Bring Sports Gambling to the Futures Market,

Barstool and Penn,

An expert's guide to owning a European soccer club - part two: Due diligence,

Study: Gambling industry's US ad spend up 82% YoY,

Woman accusing Antonio Brown of rape wants to subpoena Bucs,

Piracy fears prompt IOC to urge US to consider "further appropriate steps" against Saudi Arabia,


Super Bowl Reminds Lawyer of Game That Forever Changed His Life,

Here are 7 reasons why states are embracing in-stadium sports betting,

NFL's TV Future May Be Decided by 2024 Jury Trial,
How should student-athletes be compensated?

EXPERT VIEW: A legal debrief on college sports, paid athletes and the risk of point shaving,

LeBron James settling suit with photographer over misuse of photo on social media,

Theater News for the Week of February 5th

By Bennett Liebman

Actors' Equity Association Releases Statement Applauding the Introduction of the 'Protecting the Right to Organize' Act,

National Endowment for the Arts Grants $27.5 Million in First Round of 2021 Funding,

Center Theatre Group raises $700,000 on Zoom with RWQuarantunes party,

'Color Purple' actress fired over homophobic posts sues theater,

The Influence of Adrienne Kennedy,

Bringing Stages to Storefronts in a Theater-Hungry City,

Andrew Lloyd Webber urges the Government to trial 'game-changing' chemical spray,

All the World's a Screen? They're Used to It,

Hal Holbrook was captivating as Mark Twain,

Solo performers all owe a debt to Hal Halbrook,

Come From Away to Be Filmed,

So What Could a 'New Federal Theatre Project' Actually Look Like?,

With Live Performances At Theaters Dark Due To Pandemic Restrictions,

Actors' Equity seeks wages owed to Clay Aiken,

SBA updates guidance and eligibility for Save Our Stages grants,

Has the Pandemic Permanently Changed Live Theater?

The Conversation: Syracuse Stage presenting a virtual season,

Philanthropic angels rescue some Colorado arts groups,

Bastrop Opera House continues live events as COVID-19 surges in Texas,

Theaters plan ahead to fill seats with in-person audiences,

February 12, 2021

Theater News for the Week of February 12th

By Bennett Liebman

Theatrical unions unveil diversity, equity and inclusion agenda,

100 Broadway People to Follow on Twitter,

'Within a matter of hours, your entire industry is gone,

An innovative Georgetown lab looks to theater to quell political fires,

Broadway's Rocky Road to Recovery,

New Broadway League Chair Lauren Reid on the work ahead,

Andrew Cuomo Sets Tentative Summer Return for Some Theaters,

New York arts initiative 'NY PopsUp' begins Feb. 20,

5 things Chicago needs to learn from NY PopsUp,

NY to host 'pop-up' shows to boost arts industry amid COVID,

Amber Ruffin Joins Broadway-Bound 'Some Like It Hot' As Co-Writer,

What it's like for Seattle theaters to transition leadership,

Joe Allen, 'He Missed Nothing': Nathan Lane, Chita Rivera and Others on Joe Allen,

More Joe Allen, Joe Allen Dies: Legendary Restaurateur To Broadway Theater Folk And The Fans Who Loved Them Was 87,

Actor's homophobia made her commercially toxic, Actor's homophobia made her commercially toxic,

LaGuardia High School Celebrates Forty Years of 'Fame',

Broadway ensembles are shrinking,

The Trump impeachment trial: What Shakespeare would have seen,

Anna Deavere Smith on Forging Black Identity,

Theatres plot open-air comeback for summer,

Inside the Broadway Community Project,

Kirill Serebrennikov Is Fired as Director of Gogol Center,

Sports News for the Week of February 12th

By Bennett Liebman

NHL Drafts Amazon for Data Upgrades as Sports Go High Tech,

Canada: Is Single-Game Sports Betting Gaining Legal Traction In Canada?,

Q&A: Legal expert on the Brown Act case against Santa Clara Valley Athletic League,

Why College Athletes Must Prepare For The Name, Image, And Likeness Era,

If bill passes, Iowa's college athletes could soon earn money from name, image and likeness,

NIL Update: The NCAA Delays NIL Rule While Congress and States Continue with Divergent Goals and the U.S. Supreme Court Buzzes In,

10 Ways The NCAA Violates Core Values Of Higher Education,

EA Sports Announces College Football Video Game Revival and Another Collegiate Athlete Persona Rights Piece of Legislation is Proposed in Congress,

Paying College Athletes,


Loss-of-Value Insurance Market for College Athletes Sees Hard Times,


Putting To Rest The Claim That NIL Isn't For All College Athletes,

A Couple Of Companies Get Popped For Infringing On This Football Brand's Trademarks,


MLS forecasting another 'US1bn' loss in 2021,

WE League chair 'grateful' for Yoshiro Mori's sexist remarks,

Mori is gone but gender issues remain for Tokyo Olympics,

February 19, 2021

Sports News for the Week of February 19th

By Bennett Liebman

Inter vs. Inter Is the Soccer Rivalry Trademark Lawyers Can Love,

IOC criticism forces IWF into weightlifting doping rules U-turn,

Barred from travel by husband, Iran ski coach works remotely,

Max Chang: Ban on transgender girls is based on fear and prejudice,

Ex-Marlins owner Loria to reimburse government $5.5M for stadium cost,


Dysfunction in the desert: Finger-pointing, fear and financial woes roil the Coyotes organization,

Athletics Integrity Unit Charges Russian Athletics Federation With Obstructing An Investigation,

Athletics Federation With Obstructing An Investigation And Provisionally Suspends Several Senior Federation Officials For Tampering And Complicity,

Why BofA Sees $2B Opportunity In Canadian Sports Betting,

'European super league less valuable to broadcasters': BT Sport's Simon Green,

Calculating an NHL team's finances and plan for expanding revenue,

Vicis football helmet designed just for line arrives at NFL,

St. Louis seeking billions from Rams, NFL over LA relocation,

How Low Do Federations Sink Before the IOC Steps In,

Swiss prosecutors to appeal acquittal of Al-Khelaifi in FIFA case,

Charlotte FC Becomes the First MLS Franchise to Sell PSLs,

"Brexit will be a problem for Bale and Real Madrid",

Title IX Lawsuit Against UI To Continue, Despite Move To Reinstate Women's Swimming And Diving,

Deeper Title IX Learning: Are Respondent Admissions Inadmissible if the Respondent Refuses to Testify?,

Maguire - Reds fought sports law genius in Elliott tribunal,

Theater News for the Week of February 19th

By, Bennett Liebman

Australia, with low covid rates, is open for theater business again,

Broadway stars in 2021 Time 100 Next List,

New York City cultural institutions like Broadway and theaters fear being left out of Andrew Cuomo reopening,

What We Talk About When We Talk About Reopening,

Broadway: Broken or Business as Usual?

How to Continue Helping Arts Workers During an Unprecedented Era of Theatre,

Pandemic Starves Entertainment of Billions in Sponsorship Dollars, But Will They Return?,

Broadway Across America raises the curtain on national tours,

Chris Jones: On Second City, private equity and the sad lack of a Chicago comedy savior,

Second City Is Sold to Private Equity Group,

West End will bounce back quicker than Broadway,

What we can learn from the Dr. Phillips Center about reopening safely,

Curtain Up beer boosts Broadway,

Broadway leaders look to fall reopening,

Berkshire cultural workers seek to pull back curtain on pay,

National Theatre to halt Europe tours over Brexit rules,

Community theaters deemed eligible for Save Our Stages funding,

Actor loses tribunal claim over loss of Color Purple role after homophobic comments,

'"We See You, White American Theater'",

Cicely Tyson: Grace, Poise, Mischief, and Always Truth,

'Theater In Quarantine': All The World's A Stage, Including This Closet,

February 28, 2021

Sports News for the Week of February 26th

By Bennett Liebman

Puma Sued For Declaring War On Olympics Trademarks,

Bill introduced by Sen. Jerry Moran would allow college athlete endorsement deals,

New California College Sports Bill Would Actually Hurt Schools In The State,

Patriots Trade Secrets At Issue in Bielema,

Artemi Panarin Accusation Leave NHL Security and Legal Considerations,

Details cast doubt on allegations against NY Rangers' Artemi Panarin,

Oliver Luck Lawsuit XFL Vince McMahon,

Seattle Mariners CEO Resigns After 'Inappropriate' Comments,

Patriots seek to keep Robert Kraft-Bill Belichick emails sealed in court case,

Ex-NFL player Richard Dent's painkillers lawsuit nears trial,

Ethics Committee rules Beckenbauer and other officials cannot be prosecuted,

IOC lists failings of IWF Board in letter to member federations,

The Equine Industry Boom & Related Legal Issues,

John Geddert Confirmed Dead by Suicide,

Caster Semenya appeals to European Court of Human Rights over 'discriminatory' testosterone limit,

FanDuel, DraftKings Bet on Big Law Amid Sports Gambling Surge,

Inside the dual legacies of NFL players' union boss DeMaurice Smith,

Title IX & Continuing Fight for Gender Equity In Athletics,

British Gymnastics faces legal action over alleged 'systemic physical and psychological abuse',

Les Miles reached a secret settlement with an LSU student,

Golden Knights, UpickTrade deal causes concern in betting industry,

March 5, 2021

Sports Law for Week of March 5th

By Bennett Liebman

LSU football: Les Miles was banned from being with co-eds,

Supreme Court Brief In Alston Case Should Make The NCAA Very Concerned,

Overtime Is Going To Start Paying Top HS Basketball Talent,

Former NFL Player Kellen Winslow II Sentenced To 14 Years,

Tokyo Olympics will be closed to fans from abroad,

Conn., Tribe Strike Deal On Legal Sports, Conn.,

If Mom Could See Her Now: The Story of Bianca Smith,

NCAA athletes' rights, recruiting at heart of states' NIL race NCAA athletes' rights,

The Clock is Ticking: Iowa Jumps into NIL Race with Proposed NIL Bill,

The NIT and NCAA Women's Tournament should consider boycotting Texas,

Mississippi Governor Reeves will sign Fairness Act protecting women's sports,

The History of Title IX in Penn Athletics,

Insurer Wants To Ax Claim In Baseball Teams' Virus Suit,

Cleveland Indians tread a slippery slope in their defense of Mickey Callaway situation,

Pro-NCAA Athletes Petitioning SCOTUS Struggle to Stay on Message,

Facebook: 'The Live Sports Broadcast Business Model Needs to Evolve,

Patriots Emails in Belichick, Kraft, Bielema Case Private for Now,

Analytics Sports Non-disclosure Agreements Mine,

Student-Athlete's Signed Release Insulates School Boards From Personal Injury Claims, S

Dan Snyder, assailing 'disparaging' Post story,

WADA looking into Haas F1 livery,

Theater News for the Week of March 5th

By Bennett Liebman

Actors' Equity Slams New York City's "Open Culture" Outdoor Performance Plan,

Offstage Tempest at American Shakespeare Center,

COVID and theater: Daniel Fish, Culture Clash reflect on shutdown,

With Broadway still dark due to Covid, actors find work 10,000 miles away in Australia,

Democracy needs theater: Live drama essential for citizens,

Tony Awards Voting Starts Now. And It's Going to Be Weird,§ion=Theater

Two young theater directors scour the globe for solutions to opening U.S. theaters,

Select Broadway Theaters To Open For New York Pop Up,

Pop-Up Broadway: Some Theaters To Reopen For First Time In Over A Year,

Cap of 50 people makes no sense for theater,

Should proof of COVID vaccine be required to get into live shows?,

Culture sector cautiously welcomes budget but says further support needed,

Budget 2021: How does it affect entertainment and arts?,

Broadway's Cort Theatre to Receive Major Renovation and Expansion,

Japanese theatre offers new viewing experience,

Sparking Economic Recovery Through the Arts,

The Social Impact of COVID-19 on Intentionally Marginalized Artists and Creative Workers,

'Six' the musical was bound for Broadway glory,

The Case for a New Federal Theater Project,

Bill C. Davis Dead: 'Mass Appeal' Playwright And Screenwriter Was 69,

The Rent 25th Anniversary, "Rent" stars Idina Menzel and Anthony Rapp reflect on the groundbreaking musical's 25th anniversary - and how it set the stage for "Hamilton",

March 12, 2021

Theater News for the Week of March 12th

By Bennett Liebman

If You Build It, They Will (Eventually) Come,

I knew I'd miss theater when Broadway shuttered. I didn't know I'd miss the audiences,

Broadway organizers stitch together a relief proposal,

Sale of Broadway touring shows signals fall return to live performance,

Theater industry slowly reopening eyes,

The Shed Plans to Reopen for Covid-Tested Audiences,

Actors' Equity praises passage of new stimulus bill,

A year without Broadway,

'Longer-Running Shows May Be First to Come Back',

The State of Broadway: March 202,

Park Avenue Armory Announces an In-Person Spring Season,

Supreme Court Justice Breyer presides over Shakespeare Theatre's Mock Trial,

Broadway Shutdown: Actors + Directors Reflect On a Year Without Theater,

When the Boston theater curtains reopen, let's not go back to how it was,

Where Is Hollywood When Broadway Needs It?,

Performance Venues Wait For Aid From Earlier COVID-19 Relief Measure,

The Virus Cost Performers Their Work, Then Their Health Coverage,

Tony-Nominated Costume Designer Accused of Sexual MisconducTony-Nominated Costume Designer Accused of Sexual Misconduct,

British theatre urged to 'completely rebuild' to improve diversity,

Sonia Friedman unveils season of West End plays,

$588 million lost. 30,000 jobs impacted, $588 million lost. 30,000 jobs impacted. A new report shows the damage done to the arts industry,

Broadway Nears One-Year Anniversary of Idiot Saying "Macbeth" Backstage,

Sports Law News for the Week for March 12th

By Bennett Liebman

Legal Experts React to Mississippi's Anti-Transgender Law,

Athletes tell NCAA: Move tournaments out of states with anti-trans laws,

Class Action Lawsuit Filed Against FanDuel,

Volleyball Player Lost Her Job Over Pregnancy,

Sports fans win in post-COVID ticketing,

4 Ways The Pandemic Altered Sports Law, For Better Or Worse,

Darren Drysdale: FA give referee backdated suspension,

Justice Department Backs College Athletes in Supreme Court Case,

Former NCAA Officials Blow Whistle on Amateurism,

NCAA Lawyer Files Petition To Cancel Vasectomy Mayhem Trademark,

The Story Of Big League Advance, Which Hit A Grand Slam With Fernando Tatis Jr,

Judge orders NFL, class counsel to 'address the concerns' about race-norming,

Logistics Of Staging March Madness 2021,

Ancestry Yearbook Lawsuit Uses Sports Cases as Precedent,

The NFL Coach, the Nobel Prize Winner and One Crazy Idea to Fix Overtime,

Why an outright ban on gambling sponsorship would be a misplaced bet,

Evander Kane, Sharks notify bankruptcy court that they might void his contract,

Meyers Leonard fined $50,000 for slur,

Beijing 2022 'Well on Track',

Rocket Mortgage Greatly Expands Partnership with Michigan State,

Snyder Fails to Convince Court,


March 19, 2021

Theater News for the Week of March 19th

By Bennett Liebman

Theater Actors Step Up Push for Union to Allow Them to Work,

Tourists Trickle Back to New York City,

Royal George Theatre must empty,

How NY PopsUp Aims to Get the Performing Arts Industry Back to Work,

Shakespeare in the Park to return,

The Arts Are Coming Back This Summer,

New York Raises the Curtain for Live Events,

Frustration Growing Among Actor's Equity Members,

The Open Culture Program Faces Criticism From Actors' Equity, Th

Roundabout launches Refocus Project,

'It has been a sort of nightmare,

Michael Ball '100% backs' vaccine passport,

Berlin Volksbühne theatre director resigns,

Save Our Stages gains additional funding,

Fighting Viral Hate With a Hashtag,

Where the Year Went,

Here are all the precautions one S.F. theater,

U.K. Theaters Mark One Year of Shutdown,

When stages are dark, theatre lives on in your memories,

Deadline 'Company' During The Covid Shutdown,

First Indoor Show in Loop?,

The Rise of Audio Theater During the Coronavirus Pandemic,

Sonia Friedman unveils season of West End plays,

Texas Performing Arts,

A Year Without Broadway: Laura Benanti And Christopher Jackson,

Sports Law News for Week of March 19th

By Bennett Liebman

World Athletics President claims days of power-gathering governance are over,

Florida moving to ban female transgender athletes from girl's sports team,

March Madness Gamblers Expected To Break $8.5 Billion,

Behind The Scenes At The NCAA Tournament,

LeBron James's Bid To Become Part Owner Of The Red Sox,

The real March Madness,

Greg McDermott's 'plantation' remarks showed truth of NCAA sports,

$110 Billion New NFL Rights Deals,

Michael Bolsinger's suit vs. Astros in cheating scandal dismissed,

Can't sue Astros in California? On to Texas,

Houston Texans star QB Deshaun Watson accused by masseuse of exposing himself,

FA apologies to abuse survivors,

9th Circuit Decision in Kennedy v. Bremerton - Coach Praying on Football Field,

Will March Madness Be NCAA's Last Dance,

College Basketball #NotNCAAProperty NCAA, Congress and Supreme Court,

The NCAA's Billion-Dollar Enterprise Hinges Solely on March Madness,

Revenue Sharing Could Force Major College Budget Shifts,

College Athlete Pay Debate Hits Supreme Court,

March Madness Wagers Grow Beyond Brackets,

Statement from Indiana University on Buyout of Baseball Coach,

Pa. woman created 'deepfake' videos to force rivals off daughter's cheerleading squad,

Suit Aims to Halt Horseracing Integrity and Safety Act,

Harness racing driver challenges Tasmanian industry fine for not carrying a whip,

Transgender Women in Sports,

March 26, 2021

Sports Law News for the Week of March 26th

By Bennett Liebman

Arkansas to land on California travel ban list,

Arkansas GOP governor signs 'illegal' anti-transgender bill into law,

Lawyers aren't solution to gender equity woes,

NCAA hires outside law firm to review inequities,

NCAA must act to prevent anti-trans laws, protect athletes,

The NCAA Plays in a Different Court, Education or Exploitation? Fair or Foul?

EMU Students Told Sexual Assault Wasn't 'Worth Reporting',

Report blasts LSU's handling of sexual misconduct,

Oregon Could Join Florida In Giving College Athletes NIL Rights,

College Sports NIL Reform: The 11 States that Still Have Done Nothing,

Dan Snyder's Washington Football Team Buyout Is A Great Deal,

Dan Snyder Buying Out Washington Football Team Minority Owners,

Saliva test for concussions found by University of Birmingham researchers,

Cubs Ticket Lawsuit Foul Ball Arbitration,

Barstool Sportsbook Lines Up Two More States For Launch,

Deshaun Watson lawsuits up to 14, with 24 accusers,

FIFA Bans Sepp Blatter Again,

NFT's Meaning: What is a Non-Fungible Token?,

College sports cuts fuel lawsuits claiming schools violate Title IX,

Jackie Joyner-Kersee talks about Title IX impact,

Fox Sports dramatically extends wagering push with NYRA deal,

Theater News for the Week of March 26th

By Bennett Liebman

Coming to Broadway: Vaccinations for New York's Theater Workers,

NYC to vaccinate Broadway workers ahead of fall return,

Construction on Capital Repertory Theatre in Albany complete,

Goodspeed pushes live indoor shows to September,

Fauci says Broadway reopening this fall still likely,

'Why Are We Stuck?' Stage Actors Challenge Their Union Over Safety,

California COVID-19 rules leave theaters unable to plan,

PPP2, SVOG, OMG: What You Need to Know About Relief for Your Theatre,

When Will Theaters See Covid Funds,

Can You Autograph a Playbill Through Your Screen?,

Vanessa Williams Stars in Black Theater United's 'Stand for Change' Music Video,

Huntington set to raise the curtain on its $55 million theater renovation project,

How theater is changing maybe forever,

NYC Public School Students Get a Taste of Broadway,

What It Will Take for New York Theater to Come Back,

Andrew Lloyd Webber Talks Emerald Fennell and Cinderella,

For a night at the theater, bring a negative coronavirus test,

Vaccine passports could speed return to normalcy,

Could Covid kill off the interval?,

Shakespeare's Globe to reopen in May staging plays with no intervals,

Detroit's famous Fisher Theatre to be acquired by U.K. company,

How We Can Create a New Broadway Out of Its Myopic Past,

April 23, 2021

Sports Law News for the Week of April 23rd

By Bennett Liebman


As Florida lawmakers took aim at transgender athletes, old wounds reopened,

Peloton fights with CPSC over recalling its treadmills after child deaths, injuries,

NCAA athletes and the hidden industry of name, image, likeness,

NCAA says no to blanket name, image and likeness waiver,

States Move Forward on Compensation for Student Athletes,

JPMorgan Super League: Bank Vows to "Learn From" Soccer World Blowback JPMorgan Super League,

LSU's Title IX Consultant Makes His Business Pitch, Amid Scandal,

Oliver Luck Lawsuit: Vince McMahon, Lawyer Emails Could Hold Key Oliver Luck Lawsuit,

Zed Run: NFT Horse Racing Game Draws Big Money Amid Crypto Boom,

Deshaun Watson case: Lawyer requests plaintiffs' SSNs,

Soccer Fans Are Stakeholders Too,

Super League Made Plans for the Next 23 Years. It Failed in 48 Hours,

The U.S. Sports Origins of Europe's Soccer Super League,

The Super League Protests Showed American Fans What's Worth Getting Mad About,

7 Legal Thoughts About European Super League's Seemingly Quick Collapse,

William Hill US CEO Joe Asher Out As Caesars Completes Takeover,

NFL Sunday Ticket Case, Untouched by SCOTUS, Goes to Arbitration,

Daniel Snyder accuses banker of destroying records in defamation case,

Antonio Brown settles with trainer in sexual assault charge,

Tokyo spectator decision postponed,

US Olympic Track Trials tickets refunded for fans, capacity TBD,

Can men's college gymnastics be saved?,

French Tennis Federation bans Benoit Paire from Games,

NFL, Raiders Beat Oakland's Suit,

Theater News for the Week of April 23th

By Bennett Liebman

Scott Rudin, As Told by His Assistants,

Scott Rudin's Downfall Is an Opportunity to Change Hollywood,

Theater workers march to demand change on Broadway,

Is a Scott Rudin apology enough?,

Producers Guild Sets Anti-Bullying Training Amid Scott Rudin Scandal,

Peter Bart: Rudin Rebellion Shows That Civility Must Gain Equal Ground With Creative Zeall,

Scott Rudin: Is Hollywood's Wall of Silence Beginning to Crack?,

SBA to reopen Shuttered Venue Operators grant portal on April 24,

London's West End readies for next act,

Bradley Whitford Finds Inspiration,

Bay Area theater workers weren't getting vaccine appointments,

D.C. theaters look to future after year of hardships,

How Covid Transformed US Theater,

Making a capitalist case for Broadway,

Second City fires its night staff and looks to outsource,

New York Boosts Funding for Nonprofit Arts Groups,

New York State 2022 Budget: What it Means for Actors,

Chicago's Arts 77 plan has $60 million for arts recovery,

Connecticut Shakespeare theaters plan comedy, smaller summer performances,

How a Multimedia Whiz Became the Go-To for Virtual Productions,

Disney Tackling 'The 25th Annual Putnam County Spelling Bee' Movie Musical,

How Helen McCrory Shone, Even in a Haze of Mystery,

'Plastic Bag Store' at CAP UCLA, Elevator Repair Service at REDCAT,

April 30, 2021

Theater News for the Week of April 30th

By Bennett Liebman

Sinking Scott Rudin Holds on to Little Island as Barry Diller Defends Him

As reports of Scott Rudin's workplace abuses pile up, the producer steps back from big-name projects,

Ramifications Of Scott Rudin Broadway Resignation Could Be Immense, rudin-broadway-league-confirm-resignation-ramifications-theater-landscape-immense-1234742961/

Rita Wilson Says Scott Rudin Made Her Feel "Worthless, Unvaluable",

Broadway Takes a Back Seat as NYC Prepares to Reopen by July,

Broadway League optimistic for September reopening of Broadway,

Broadway poised to announce September return,

'We're Not Going Back': Inside Broadway's Racial Reckoning,

When will Chicago live theater start again?,

Broadway Producers Unite to Launch Fellowship Program for Black Leadership in the Industry,

Shuttered Venue Operators Grant program receives 17,000 applications in 24 hours,

RSC appoints first woman and person of colour as chair,

Why Making Digital Theater Is Like Shooting 'Star Wars',

Can 'The King and I' Be Decolonized?,

Actors' Equity Convention ends with walkout by BIPOC delegates,

Sondheim Musical, in Development for Years, Looks Unlikely,

Big win for immigrant performers as Actors' Equity removes green card restrictions,

Florence Welch to Score New Broadway-Bound 'Great Gatsby' Musical,

What a Business Needs to Know about the Shuttered Venue Operators Grant Program,

What We Learned During the Great Intermission of 2020,

Chicago Concert And Performance Venues, Many On The Brink, Hope Federal Relief Money Is a Lifeline,

Theatre newcomers get their chance to shine as London's West End reopens,

Sports News for the Week Ending April 30th

By Bennett Liebman

NCAA Legal Chief Remy Prepares to Depart as Legal Bills Rise,

Fla. Pushes Back Name, Image Law Date In Anti-Trans Bill,

Pending delay in Florida NIL law enrages state coaches and athletes,

NIL Legal Challenges Await College Sports,

US Supreme Court Poised to Revolutionize College Athletics,

No big backlash for states passing anti-transgender laws,

Dubai's Ruler Is Entangled in a Kentucky Derby Controversy,

Rob Manfred's $8 Billion MLB Expansion Catch-22,

New England Patriots Owner Robert Kraft On NFL's New Media Deals, N

New Trier grad sentenced to more than 2 years in prison,

U.S. Supreme Court Cheerleader Free Speech Case NCAA Athlete Impact,

College Sports Teams Cut by Administrators over Culture, Not Budgets,

Endeavor Goes Public as Fertittas, Larry Ellison Among IPO Investors,

Rapinoe, Bird and Female Stars Come Together in Limited NFT Collection,

Hashimoto acknowledges Tokyo 2020 could take place behind closed doors,

Coronavirus: Tokyo Olympics may take place without spectators, organiser concedes,

New legislation to make referee harassment Class A misdemeanor,

Testing to take centre stage at COVID Games as ITA face challenges,

An Overview Of The IOC's Anti-Doping Rules For The Tokyo Olympics,

New Zealand Rugby Approves Silver Lake's $281 Million, Players Unsure,

Thierry Henry says English football's social media boycott was what he wanted,

The ban on Olympic protests only empowers the protesters,

Article 50: Why IOC chose to continue the ban on protests on field, podiums,

May 7, 2021

Theater News for the Week of May 7th

By Bennett Liebman

Howard Panter on Theaters. Broadway Reopening After COVID,

Sexual harassment allegations pile up at Hollywood agency ICM,

ICM Partners Los Angeles Times Exposé Toxic Male Culture Fallout,

Broadway Performances Will Return This September,

'The Phantom of the Opera' star on Broadway's return,

COVID NYC Update: Broadway shows start announcing their return dates for post-COVID fall reopening,

How Theater Can Help Us Survive,

Online or In-Person? Soon, British Theatergoers Can Decide, Online or In-Person?

Young Vic to livestream all future productions, says artistic director,

Broadway to light up again in September when shows are set to return,

Broadway Is Reopening. But Not Until September,

D.C. theaters are beginning to open their doors and stages again,

Live theater is making a comeback, to the delight of actors and audiences,

Times Square Restaurants Buoyed by News of Broadway Reopening Plans,

NY Gov. Andrew Cuomo Gives Broadway Go-Ahead To Reopen In May,

Shea's plans full house in September; ticket sales "going crazy", president says,

Six' will resume Broadway performances on Sept. 17,

Broadway Reopening September 14, 2021: Truth, Tease or Torture?,

These Four Stage Directors Know Just What Needs to Change,

Lockport's Palace Theater back open after renovation project,

Actors Fund surveys theater, entertainment workers on impact of pandemic,

Antoinette Chinonye Nwandu's Acclaimed 'Pass Over' Heading To Broadway,

NYC Plans $25 Million Program to Put Artists Back to Work,

Sports News for the Week for May 7th

By Bennett Liebman

NCAA faces key decisions on postseason sites as transgender laws multiply:,

Georgia Gov. Brian Kemp signs college athlete name, image, likeness bill into law,

Sports Unions Come Together to Fight for the PRO Act,

Laws banning transgender student athletes splinter GOP,

15-year-old soccer player sues NWSL over age restrictions,

U of Iowa Football Players Racial Discrimination Suit,


PGA Tour acknowledges that it keeps more than 90% of revenue in joint TV deals with LPGA,

Amazon Prime Video, NFL Thursday Night Football deal set for 2022,

OpEd: Post-Pandemic Opportunities for Anti-Doping Movement to Embrace New Strategies,

Calls to Cancel Tokyo Olympics Grow Louder as Emergency Extended,

Petition to cancel Tokyo 2020 receives 200,000 signatures online,

Japan extends Covid emergency in Tokyo as Olympics loom,

Athletes Are Banned From Wearing Black Lives Matter Clothing At Tokyo Olympic Games,

Rebranding for William Hill Sportsbook Following Acquisition by Caesars,

NBA Avoids Congressional Lobbying for Sixth Straight Year,

Online Gambling Sites Pump $153.6 Million Into Local TV,

Did Zion Williamson's family receive payments from Adidas?,

Football Helmet Shock Absorber Company's Antitrust Lawsuit Dismissed,

Mark Emmert, Donald Remy Required to Testify in CTE Case,

May 14, 2021

Theater News for the Week of May 14th

By Bennett Liebman

Yet another reason to cut intermission in theater: COVID-19,

When Covid Dropped the Curtain on Broadway Actors, TV Kept the Lights On,

CDC lifts mask requirement for vaccinated individuals, posing a question for Broadway,

For West End's Return, Cleansing Spirits and an Aching for Change,

SBA Expects 'Save Our Stages' Money to Reach Indie Venues Next Week,

How the Pandemic Has Changed Arts Education,

TCG Announces Sixth Round of Rising Leaders of Color,

Broadway in Chicago is offering refundable tickets,

Broadway May Mandate Vaccinations for Audiences and Workers. That's Just One Reopening Challenge,

As Broadway Plans Its Return, 'Hamilton' Will Require Vaccines Backstage,

Phylicia Rashad Named Dean of Newly Reestablished College of Fine Arts at Howard University,

A Pause, Yes, But We're Keeping the Ghost Light On,

Is it ethical for cruise lines, venues, schools or Broadway to restrict entry to people not vaccinated against COVID-19,

'Annie Live!' To Air on NBC This 2021 Holiday Season,

'We won't be bouncing back' - the unsettling truth about the big reopening,

'We even performed it in front of the pope!' - how we made Godspell,

Return of NYC's Broadway signals bounce back of American economy,

Disney Theatrical announces 'Aladdin' return, no ticketing fees,

New Yorkers must support Broadway right now,

Why Broadway is waiting until fall to reopen,

Community Theatres Need to Stop Protecting Their Problematic Men,

Sports News for the Week of May 14th

By Bennett Liebman

Sports Betting Thrives After PASPA as Law, Tech, Finance Converge,

How 'Put That on Top Shot!' Became a New N.B.A. Mantra,

Sen. Jerry Moran says federal college-athlete name, image, likeness law by July 1 unlikely,

Name, image and likeness (NIL): What it means, why it matters and how it will impact the NCAA and college sports,

Conflicts Arise With College Athlete Name, Image, And Likeness (NIL) On The Horizon,

Winning Always Wins. Will Integrity Place, or Even Show?,

THA's Alan Foreman Joins All-Baffert Controversy Writers' Room,

Horse racing's drug scandals cheat public and kill horses. Is industry ready to stop?,

French law seeks to introduce gender parity to governing bodies,

Show Us The Paper, Bob: Records To Back Up Baffert's Story Remain A Matter Of Trust,


Soccer League Defends Age Minimum Against Teen Phenom's Lawsuit,


NCAA Corporate Sponsorships Are for 90 Championships. They Revolve Around One.,

Madrid court wants ECJ to rule on Uefa, Fifa's Super League stance,

Deshaun Watson Accusers Adamant They Will Not Settle with QB,

Dutch police launch investigation into match-fixing,

The New Players in the Sports Industry: NFTs, Fan Tokens, and Blockchain,

Sports & Entertainment Spotlight - May 2021,

MLB players union seeking $500 million in grievance against league,

Insurer Says It Won't Cover Kobe Bryant Death Suits,

May 21, 2021

Theater News for the Week of May 21st

By Bennett Liebman

Theaters, ignore anti-vaxxers. Require proof of vaccination,

Billy Porter Reveals He Has Been H.I.V. Positive for 14 Years,


Green Shoots in April 2021?,

Scott Rudin Accuser Speaks Against Bullying On Hollywood Commission Panel,

Drama Book Shop, Backed by Lin-Manuel Miranda, to Open in June,

Broadway Advocacy Coalition launches equity workshop program for productions,

Covid-19 Aid to Concert Halls, Theaters Set to Be Distributed Next Week,

Dion Musical 'The Wanderer' Announces Pre-Broadway Run,

Broadway League to evaluate guidelines on masking as New York lifts mandate,

Downtown Theater (And Off-Broadway Shows) in NYC Returns,

Members of the Broadway community advocate for a more equitable return,

Ted Chapin to step down from R&H Organization after 40 years,

The West End's Comeback: London Theater Reopens,

Garth Drabinsky brings pre-Broadway musical to Chicago,

Get Vaccinated at the Pantages and Try for 'Hamilton' Tickets,

Industry Pro Newsletter: The West End Returns, Updated CDC Mask Guidance, and the Continued Demise of the Third Party Cookie,

In an (almost) post-pandemic America, people need theater now more than ever,

'Everybody's Talking About Jamie' Feature Skips Theatrical For Amazon,

Katy Rudd: the high-flying director who can't resist a risk,

Scott Rudin's Business Partner Barry Diller Facing Abuse Allegations,

Charles Grodin, Star of 'Beethoven' and 'Heartbreak Kid,' Dies at 86,

Sports News for the Week Ending May 21st

By Bennett Liebman

UConn women's rowing team gets day in court in request for temporary restraining order to keep school from cutting program,

Former Notre Dame swim coach sues university for gender discrimination,

Stanford reverses sports cuts after lawsuits and pressure from athletes,

Ohio State caught in 'chaos', if NCAA or congress do not establish Name, Image and Likeness guidelines,

Legal concerns have impeded NCAA's effort to enact name, image and likeness legislation by July 1,

NCAA federal NIL bill for athletes progressing in Congress,

Title IX: Clemson Track Athlete Lawyers Describe Settlement Hardball,

Bob Baffert Barred From Belmont Stakes by NY Racing Officials,

Ontario eyes legal single-sports betting in 2021, clock ticks on Senate approval,

New Filing in Lawsuit Between Zion and Former Marketing Agent,

Olivia Moultrie asks for restraining order on NWSL age rule,

Ex-Washington Football Team exec Bruce Allen responds to Daniel Snyder in legal filing,

MLBPA boosts reserves as labor talks continue MLBPA boosts reserves as labor talks continue,

California attorney general joins LA Chargers owners' legal dispute,

Tokyo 2020 can be held in state of emergency says Coates,

Bach seeks clarification of allegations made against DOSB leadership,

OpEd: No Ode to Joy in Tokyo,

NCAA's accountability resolution lends little clarity to case,

As Of July 1, Can Athletes Sign NIL Deals With Brands That Compete With Their School Partners?,

Accusers Of Houston Texans QB Deshaun Watson Want To 'Work Things Out',

Retired Black Players Fight NFL Brain Injury Payout Algorithm Based on Race,

May 28, 2021

Sports News for the Week of May 28th

By Bennett Liebman

Bob Baffert, A Commanding Presence At Belmont Stakes, Is Barred From The Racetrack This Year,

Kentucky Derby Operator Hit With Suit Over Horse Doping,

Wisconsin lawmakers consider banning transgender athletes,

Ohio state senator to introduce name, image and likeness bill,

The Alston Oral Arguments: A Citations-Focused Perspective,

NBA Star Embiid Can't Register 'Trust the Process' Shoe Mark,

Adidas Lawsuit Racketeering College Basketball Brian Bowen Pacers,

Olivia Moultrie Temporary Restraining Order NWSL Age Restriction,

Zlatan Ibrahimovic fined by UEFA for having financial interest in betting company,

Jackson Hole Lawsuit Ski Injury Tree Stump Assumption of Risk,

Nike Split With Neymar Amid Sexual-Assault Probe,

Senate Bill Proposes Union Labor for NCAA Athletes on Scholarship,

International concern over Argentina's Sports Secretary's intimidation of Olympic athletes,

Son, ghostwriter of late senator say Trump intervened to stop probe of Patriots' Spygate scandal,

Former U of L assistant basketball coach expected to plead guilty June 4 in federal extortion case,

Pending sale of Minnesota Timberwolves has no limitations to moving franchise to a new city,

Wolves' minority owner files suit against Taylor alleging breach of contract in sale,

ACLU files lawsuit against West Virginia for anti-trans law,

FIFA Congress votes on future of FIFA Women's World Cup™ hosting,

Former Mets Manager Banned After Sexual Harassment Investigation,

NFL, NFLPA agree to 2022 salary-cap ceiling, vaccine incentives released,

Three key steps to end the endemic greed and narcissism in sports leadership,

Theater News for the Week of May 28th

By Bennett Liebman

Broadway productions now have more options for reopening dates,

Places please: A new relief fund wants to help artists move back to New York,

Actors' Equity Association Urges All States To Continue Federal Pandemic Unemployment Insurance,

Broadway Restart Accelerates as 'Hadestown' Plans Its Return,

Colonial Williamsburg is facing up to its own past through theater,

At cultural institutions that pledged to diversify staff, hiring -- and change -- have been slow,

Leader of Americans for the Arts Retires After Workplace Complaints,

Tony Awards announced, plus televised Broadway celebration,

Popular Northeast summer festivals leap onstage after lockdown,

Lyric Opera gets rid of intermissions. Now what?,

The Return of Live Theater,

'Fleabag' National Theatre Production to Stream on Amazon,

Stop looking at NYC as the only place where theatre is important,

After Tragedy, an Indianapolis Theater Stages a Comeback,

'There's nothing like it!' Musical stars return to storm the stage,

The Great Outdoors,

Theatre is like church: we gather to bear witness,

Can't Have People in the Theatre? Bring Theatre to the People,

'You Could Be King',

They've Given $6 Million to the Arts. No One Knew Them, Until Now,

UK theatres promise to only cast trans actors in trans roles,

SBA begins sending notice of grant awards for the Shuttered Venue Operators Grant program,

Partnerships between Black playwrights and directors showcased at Williamstown Theatre Festival,

June 4, 2021

Theater News for the Week of June 4th

By Bennett Liebman

Broadway Theater Owner Cited by OSHA in Stagehand's Fatal Fall,

Shubert Organization Fined Following Death of Stagehand,

The heat is on for theater across American to make its comeback pop,

A Chance to Fix the Tonys, and So Many Things to Fix,

Some Venue Owners Get a Federal Lifeline. Others Are Told They're Dead,

As Grants For Shuttered Venues Trickle Out, Many Owners Are Still Waiting,

The delay in relief funds is pushing small arts firms to the brink,

Broadway's Back But the Audience is Tentative: Except for "Music Man" Ticket Sales Are Slow So Far, Even for "Hamilton",

As Broadway Goes Live, Smaller Theaters Cling to Life,

Broadway productions now have more options for reopening dates,

New York neighborhood turned into 'Seven Deadly Sins' theater,

Second City returns with scaled-down shows -- but bigger ones on the way,

Actors' Equity Exec Director Mary McColl Announces Departure,

Shea's Prepares to open,

National Theatre commits to more plays from outside London,

The Drama League Names Three-Time Tony Winning Producer Bonnie Comley President of The Board of Directors,

The Age of Reopening Anxiety,

For 40 Years, He Climbed Ev'ry Mountain for Rodgers & Hammerstein,

Intimacy: The professionals making it safe for today's theaters,

Where Oscar Wilde Once Slept (in Prison Garb),

Andrew Lloyd Webber threatens legal action if June 21 rules relaxation stalls,

Column: Steppenwolf-born 'Pass Over' heads to Broadway,

Digital Be Damned! Welcome to Shows You Can Touch and Feel,

When Will Scott Rudin's Broadway Shows Reopen?,

Sports News for the Week of June 4th

By Bennett Liebman

NFL says it will end 'race-norming' in concussion settlement,

NFL to Drop Race-Based Measures in Concussion Settlement,

'Boxing is a mess': the darkness and damage of brain trauma in the ring,

Can State Government Pressure on CDI Save Arlington?,

Former Gov. Edgar calls on Pritzker to exert pressure on Arlington Park owner,

Churchill Downs bans Baffert for two years after drug result,

Gophers football players' gender discrimination lawsuit can go forward,

John Does v University of Minnesota;

Is There A Title IX Issue With Notre Dame's Football Recruiting Billboards,

MLB sued for moving All-Star game out of Atlanta,

Major League Baseball Sued For Shifting All-Star Game Out Of Georgia,

Cheat Sheet For Sports Agents, As Name, Image, Likeness (NIL) Goes Live July 1,

Supreme Court, NCAA, players among key figures in NIL landscape,

Georgia Justices Block Challenge to Tax Break for Falcons,

Why Does Changing A Team's Name Take So Long?,

Kentucky Derby Winner Medina Spirit Fails Second Drug Test,

Horse Jumping League Lawsuit Raises Questions of Copyright Law,

NCAA NIL Disclosure Debate Finds Endless Pitfalls,

Naomi Osaka Quits French Open, Exposing Sports' Mental Health Risks,

College football recruiting is 'about to explode': NIL, new evaluation rules and the most hectic month ever,

High School Football Coaches Suspended After Teen Is Forced to Eat Pork, Lawyer Says,

Can The Tokyo Games Still Be Cancelled? Yes, But The Legal And Financial Fallout Would Be Staggering,

USFL Returns: Spring Football League Revived With Fox as Partner,

Vanessa Bryant Nike Dispute Resurfaces With Daughter's Unreleased Shoes,

June 11, 2021

Theater News for the Week of June 11th

By Bennett Liebman

The government vows to fix a plagued relief program for live-event businesses,

Movie Theaters, Live Venues Call for Delayed COVID Relief Grants,

A decade after his fraud conviction, theatre producer Garth Drabinsky will see his comeback project,

Returning to live theater is a midsummer night's dream,

Actors Fund re-elects Brian Stokes Mitchell, appoints two new board members,

Andrew Lloyd Webber risking arrest for June London theater reopening plan,

Want 'Springsteen On Broadway' Tickets? Get In Line And Prepare To Pay,

How Lin-Manuel Miranda and Friends Made an Old Bookstore New,

The Drama Book Shop NYC Design by David Korins,

Theatre as Healing Ritual: How Afrofemononomy Worked the Root,

No Broadway Shows? No Problem. Walking Tours Fill a Void,

Shubert Foundation Grants $32.1 Million to 575 Theatres and Performing Arts Organizations,

Broadway's Post-Pandemic Future,

Broadway League announces inaugural Juneteenth event,

'To Kill a Mockingbird' returns to Broadway with original star,

Broadway's Diversity Data Finds a Home on Counting Together Site,

How 'In the Heights' Recorded Its Songs for Film,

In the Heights movie interview: Lin-Manuel Miranda and others on adapting the hit musical,

Michael Ritchie will retire from Center Theatre Group,

As Brian Clowdus pursues his second act, Atlanta theater artists push back,

Theatres pose almost no Covid risk, say Whitehall sources,

UK's first all-black, all-female Shakespeare company aim to shine new light on Bard,

Theatre News: The Lehman Trilogy, Merry Wives, Eugene O'Neill Theater Center, Summer Concert Series and The Honeycomb Trilogy,

Sports News for the Week of June 11th

By Bennett Liebman

Senate committee heats up discussions of federal law for college athletes,

NCAA president Mark Emmert, lawmakers debate need for national college athlete compensation,

'The future of college sports is in jeopardy,' Gonzaga's Mark Few tells Cantwell's Senate panel on student-athlete pay,

No Clarity For Sportbooks When Using Name, Image, Likeness,

DOJ to Defend Religious Exemption to Title IX,

How to Navigate When Title IX and Cancel Culture Clash,

Jury in Baylor sexual assault trial finds Baylor, football players not responsible,

Bob Baffert and Medina Spirit owner file lawsuit over Kentucky Derby test result,

Norwich City Cancels Sponsorship After Backlash to Over-Sexualized Ads,

College football players are fighting for more compensation in the Supreme Court,

Yana Sizikova: Russian tennis player arrested for sports corruption and fraud,

NCAA's Termination of Westwood One Contract Upheld in Ruling,

'Emotionally, we are part of the NFL': Why Germany is the next target for pro football,

Amid move to mobile ticketing, the world of printed ticket collectibles is threatened,

Ja'Wuan James files grievance against Broncos seeking $15 million,

Rancor among Chargers ownership amps up in latest legal filings,

Ex-Michigan players want apology from school; Bo's son says statue should come down,

Penn State Ex-President Reports To Jail To Begin Sandusky Scandal Sentence,

Judge denies request to return MLB All-Star game to Atlanta,

Roenick Loses Claim Sexual Orientation Bias Drove NBC Firing,

'Pride still goes on' for trans Floridians after sports law, budget cuts,

This Is Spider Tack: The Men Who Inadvertently Created MLB's Stickiest Problem,

June 18, 2021

Sports News for the Week of June 18th

By Bennett Liebman

College Athlete NIL Education Pits Campus Faculty Against Consultants,

Hopes Fade for Imminent Federal Deal on College Athletes, Pressuring N.C.A.A,

NCAA Braces for New-Age Madness,

College Athletes Get Ready to Score Some Serious Cash,

Bob Baffert Suspension Lawsuit New York Kentucky Derby, and complaint

Stockholder Derivative Suit v. Vincee McMahon,

Monitoring Effect Of Hormone Levels and Manchester City Women,

The legal repercussions of Osaka's French Open withdrawal,

Olympian's Failed Drug Test and a Burrito,

NFL relocation legal battles still heating up, from Oakland to St. Louis,

NFL, Kroenke push again to toss lawsuit ahead of high-stakes trial,

McLaren Investigating Two International Federation,

Martins faces punishment for criticizing CONMEBOL's staging of Copa América,

Herm Edwards under investigation for NCAA violations at Arizona State,

NCAA investigation of ASU football: AD says, 'We're going forward',

Jennings: Women are being left behind amid NIL Senate Committee hearings,

Biden administration announces new protections for transgender students,

Court Greenlights Settlement in Online Fantasy Sports Multidistrict Litigation,,

New Texas Law Requires Pro Sports Teams To Play National Anthem,

The uncomfortable truths that global sports and multinationals share,

Houston Astros Fraud Suit Against Comcast Over Sale Greenlighted,

Houston Astros Baseball Partners decision,;

Theater News for the Week of June 18th

By Bennett Liebman

Proctors' hosting of rehearsals for 3 shows to become $20M windfall,

3 national tours launch in Buffalo,

Industry leaders launch project to provide rental assistance to theater workers,

Actors Fund re-elects Brian Stokes Mitchell,

Stage Collaborators Take a Dip Together, With Healing in Mind,

Running the Show From the Kitchen Table,

Harvey Fierstein Donates $2.5 Million for Public Library Theater Lab,

Seeding by Ceding,

With donations, billionaire MacKenzie Scott is good to Chicago arts,

Less Than 1% Of Independent Venues Have Gotten Relief Funds,

Senators Demand 'Immediate Action' by SBA Over Save Our Stages Delay,

Putting the Music in Musical Theater,

Broadway League, Actors' Equity reach agreement on touring COVID-19 protocols,

Broadway Tour COVID Restrictions Set, Actors' Equity + Producers Set,

A View from the Door: Institutional Dramaturgy,

Can Theatre Learn From the NFL?,

Nominees Announced for the 2021 Jimmy Award, God, I Hope I Get It!

Why Lin-Manuel Miranda's 'In the Heights' faces criticism,

In the Heights' colorism controversy: Why its light-skinned casting fails Latinx communities,

Why acclaimed 'In the Heights' fell short at the box office,

Reopen Theatre? Why Not a Whole Neighborhood,

Proof we're in a golden age of American playwriting, Coming to an L.A. stage,

Canada is slowly reopening, but is the live theater left behind,

'Get this wrong, and we wipe out an entire sector', Producer Sonia Friedman,

Drama school 'heartbroken' over student harassment claims,

Lloyd Webber's Cinderella could go on despite lockdown extension,

June 26, 2021

Sports News for the Week of June 25th

By Bennett Liebman

Supreme Court opinion in NCAA athletes case,

Supreme Court Rules Against NCAA Regarding Student-Athlete Education Benefits,

Supreme Court Ruling Alston and Name Image And Likeness State Laws,

The Hottest Recruiting Pitch in College Sports,

The NCAA Is Not Above The Law,

The unequal path to elite athletic pursuits,

Will The NCAA's One-Time Transfer Rule Empower Athletes Or Undermine The Game?,

Did the Supreme Court hint at trouble for MLB's antitrust exemption?,

An Interview With Sports Attorney Jill Pilgrim,

UEFA prohibits 'rainbow' protest at Germany vs Hungary game,

Hungary Anti-LGBTQ Law Faces EU Legal Action,

Washington Football Team trademark request refused,

Did Bo know? A fight for the legendary Michigan football coach's legacy,

NCAA NIL Rules Will Permit College Athletes in All States to Enjoy NIL,

For Bob Baffert, horse deaths and drug violations cloud a storied career,

A Race to Lift Triple Crown Suspension for Robert Baffert,

Mets fire 2 high-ranking employees,

New York Soccer Clubs' Trademark Dispute Gets Sent to Mediation,

Does Nat'l Women's Soccer League Age Rule Violate Sherman Antitrust Law?,

Soccer League Appeals Teen Phenom's Win Over Minimum Age Rule,

XFL players to get pennies on the dollar for what they are owed,

ITA Finds Doping Corruption in Weightlifting Federation,

Justices Won't Mute Athletes' Social Media Megaphone,

Theater News for the Week of June 25th

By Bennett Liebman

Nederlander Organization, Jujamcyn Theaters receive Shuttered Venue Operators grants,

With New Show, a Broadway Rarity: Season Has 7 Plays by Black Writers,

Douglas Lyons' 'Chicken & Biscuits' Coming To Broadway,

New musical 'The Right Girl' to premiere at Proctors in the fall,

'I Needed It': A Well-Timed Outdoor Theater Opens on Little Island,

'A Level of Abuse': Laying Bare Theater's Dirty Secrets,

The Music Man' on Broadway is not the musical we need,

'Chicken & Biscuits' starring Michael Urie and Norm Lewis,

'The Music Man' Announces Scott Rudin Replacement,

Scott Rudin Avoided Answering for Abusive Behavior for Decades,

New Project to Give Away $500,000 in Rent Relief to NYC Theater Artists,

AAPAC's New Theatre Diversity Study Underscores Prominence of White Leadership on NYC Stages,

Black women playwrights claim a leading role,

America's Oldest Theater Wants This Philly Actress to Shut Up,

Andrew Lloyd Webber Sues U.K. Government to Show Live Events Research,!

Civic life is under assault - theatres can play a vital role in restoring it,

How U.S. States Could Fund Repertory Resident Theatres,

The theatre industry is right to go for legal action - it has no other choice,

Theatre Training Programs Have Some Learning to Do,

Biden Picks For Arts Council Include Ukulele Legend Jake Shimabukuro,

NEA Offers Relief Funds to Help Arts and Culture Sector,

The Drive of Phylicia Rashad,

Bureaucratic snafus shouldn't delay aid,

July 2, 2021

Theater News for the Week of July 2th

By Bennett Liebman

Actors' Equity Releases Statement on Biden's Request of $201M for the National Endowment for the Art,

In Buffalo's Theatre District, watch a play in a shop window,

Springsteen Reopens Broadway, Ushering In Theater's Return,

Broadway Workers Coming Back, Bruce Springsteen Is Back on Broadway,

Broadway smash hit 'Hamilton' is set to receive $30 MILLION in federal aid,

The $30 Million Founding Father: How 'Hamilton' Got Federal Aid,

As reopening nears, Off-Broadway, Actors' Equity negotiate the terms,

Harry Potter and the Cursed Child to return to Broadway as one-part play,

Dr. Ruth trying to get play about her life to Broadway,

Every new play on Broadway this fall is by a Black playwright,

Broadway company manager appointed to Cuomo administration,

With gift from David Geffen, Yale's drama school goes tuition-free,

Mellon Announces $1.5 Million 'Generation Now' Partnership,

Theatre Unbound bows out; NEA adds $80 million in pandemic relief,

YouTube Theater to launch this summer in Inglewood,

Brattle Theatre Executive Director: Outpouring Of Community Support Was Like 'It's A Wonderful Life,

SAG-AFTRA's New Stance on Vaccinations + Health Insurance,

4 Young Theatres Seize Opportunity for Growth,

AAPAC Visibility Report Shows Gains for Black Actors But Persistent Funding Disparities,

Chicago Theatre Freelancers Speak Out,

Generational Divides Emerge Onstage in Germany,

UK Government Expected to Back Insurance Scheme for Live Entertainment,

Andrew Lloyd Webber on Cinderella: 'We're not looking for a fight - we just want culture back!',

Lack of support for theatre is to discourage dissent, says top playwright,

Sports News for the Week of July 2th

By Bennett Liebman

Name, Image and Likeness: Tracking early deals,

States Beat NCAA, Feds in Race Towards Student-Athlete Pay,

NCAA Revises Student-Athletes' Name, Image, and Likeness Right Rules,

NCAA's Move on Athlete Image Rights Raises Enforcement Questions,

Tampa Bay Rays minority owners sue Sternberg, say he secretly negotiated Montrea deal,

NCAA clears student-athletes to pursue name, image and likeness deal,

Relevent Sports cites NCAA ruling in new argument against U.S. Soccer,

Tokyo 2020: Colombia Loses Five Weightlifting Places For Doping Offenses,

Bujold succeeds in appeal to compete at Tokyo,

VGK's Bill Foley creates LLC for sports businesses,

Florida Transgender Athlete Ban Violates Title IX, Lawsuit Says,

Title IX Adjudication and How JAMS Solutions Can Help,

Dawn Staley and Tara VanDerveer ask Congress to help equity fight in NCAA sports,

Different Title IX Interpretations are Presenting Challenges for Transgender Athletes,

Supreme Court is for Student Athletes Regarding NCAA Antitrust Issues,

A-Rod Gets Closer To Buying Timberwolves As Lawsuit Dismissed,

Alex Rodriguez Scores Legal Victory In Civil Dispute When Judge Quashes Subpoena,

Los Angeles Angels Sued For Wrongful Death of Tyler Skaggs,

NFL Hits Washington Team With $10 Million Fine For Culture Of Sexual Harassment,

The NFL promised to investigate Daniel Snyder. It delivered a cover-up,

Jockey Club to Court: Baffert Alone Bears Responsibility for Banishments,

Officials worked to clear Bob Baffert's Justify after Triple Crown run, records show,

Trevor Bauer assault allegations must keep him off mound,

July 9, 2021

Sports News for the Week of July 9th

By Bennett Liebman

College Athletes Cash in on Name, Image, and Likeness,

Name, Image, Likeness, And Interplay With Intellectual Property,

What Does The Future Hold For College Athletics After The Supreme Court Decision In NCAA v. Alston? - Anti-trust/Competition Law,

Licensing Name, Image And Likeness Rights Presents A Quandary For College Athletes On Student Visas,

Student Athletes 1, NCAA Nil, Student Athletes 1, NCAA Nil,

The Dawn of the NIL Era in College Sports,

Alston Ruling Excites Insurance Market for College Athletes,

Student Athlete Name, Image, Likeness Legislation: Considerations for the 117th Congress,

Joe Pepitone Sues Hall of Fame over Mantle bat,

Jimmy John's Cites NCAA Ruling Against No-Poach Claims,

The Legal Implications of COVID-19 on the Tokyo Olympic Games,

Fans barred from all Olympic events in Tokyo as COVID-19 fears grow,

The Punitive War on Drugs Unnecessarily Harms Sha'Carri Richardson,

Dahlberg: A few puffs and a bad rule do Richardson in,

Vols owe $665k in legal fees surrounding NCAA investigation work,

Michael Avenatti Prison Sentence Nike Extortion Trump,

NCAA gender inequality: Congress wants answers,

SUNY-Albany Beats Lawsuit Seeking Boost in Women's Sports,

Federal lawsuit: FL's trans athlete law 'has nothing to do with fairness or equality for girls or women in sports,

How female athletes and women's sports can benefit from NIL,

'This isn't the Olympics': GOP transgender laws head to court,

From Star to Scandal: the Story of Medina Spirit,

Baffert Answers Arguments from NYRA, The Jockey Club,

Hacked emails? Florida law firm sues NFL concussion settlement alleging crimes,

Theater News for the Week of July 9th

By Bennett Liebman

Actors' Equity partners with air quality group on theater ventilation protocols,

'Waitress' and More Broadway Shows Return Thanks to Federal Grant,

Disney, With Benefit Concert, Makes an Early Return to Broadway,

How Shakespeare in the Park and New York Theater Are Changing,

In 'What to Send Up,' I See You, Black American Theater,

Met Opera Strikes Deal With Stagehands Over Pandemic Pay,

A Call to Diversify Theater Stage Managers,

Virtual Awards for Virtual Theater Deserve Real Recognition,

As economy reopens, Bay Area venues 'left behind' by bungled federal program,

'I don't own that job': Rethinking the theater scene's long tenures and limited opportunities,

America needs a Department of Arts and Culture,

'Guys and Dolls': Bill Condon to Direct Remake,

Actors' Equity Lifts Masking, Testing Mandates For Vaccinated Theater Companies,

Former Folksbiene CEO a 'mastermind' at resume-padding,

Theater Is in the Streets of New York, if You Listen,

New York Times features Drama Class of 2020, which graduated amidst the COVID-19 shutdown,

Rodgers and Hammerstein: cosy box-office bankers or radical trailblazers?,

Sexual assault allegations at Epic Theatre spark internal investigation, staff resignations,

Theater Blog Roundup: Are Theater Screens Here to Stay?,

Sonia Friedman: Commercial sector is weeks from collapse and needs support now,

Theatre producers call on government to change isolation rules immediately after show cancellations,

An all-white cast at WaterTower Theatre has sparked outrage,

Thoughts of a Colored Man Scribe Keenan Scott II on the Play's Unexpected Journey to Broadway,

July 16, 2021

Sports News for the Week of July 16th

By Bennett Liebman

NCAA's Mark Emmert proposes smaller governing role,

NCAA name image and likeness ushers in seismic new era,

Guidance For Athletes To Avoid Pitfalls After 1 Week Of NIL,

Potential for big NCAA changes exist but are 'not going to happen overnight,

How does NIL affect high school athletes in New York,

NIL Scouting Report NCAA,

NCAA Clears Way for College Athletes to Immediately Cash-In on "Name-Image-Likeness" Rights,

Anti-trans sports laws: NCAA athletes demand action,

California restricts state-funded travel to Florida over transgender sports,

How families are fighting back against laws targeting transgender athletes,

Fans' lawsuit over Astros' sign stealing tossed by Texas appeals court,

New law allows sports uniform modifications for religious and cultural reasons,

Andy Butchart can run in Tokyo despite 'fake test' row,

Dodgers pitcher Trevor Bauer's sexual assault case,

Doping is still too common,

Former high school player's lawsuit may hinge on 'smoking gun,

Bob Baffert's Suspension in New York Is Overturned in Federal Court,

In 'Rose Bowl Game' case, judge sides with Pasadena,

Broncos ownership question linger as court validates authority of Pat Bowlen Trust,

Is the NFL faced with a 'hostile bench,

Community reacts to report saying FBI mishandled Nassar case,

Richard Sherman released without bail,

Sports Leagues And Cannabis Testing: A North American Survey,

Seton Hall basketball: Myles Powell sues school over injury,

Theater News for the Week of July 16th

By Bennett Liebman

NFTs come to Broadway in new venture by Seaview, Marathon Digital,

After 15 months of unemployment, Broadway theater staff return to the job,

'West Side Story,' 'Hangmen' receive government boost for Broadway reopening,

Jujamcyn Theaters to make accessibility improvements following suit, and

Christine Baranski Knows It's Good to Be Scared,

Shubert Organization acquires ticketing provider Showtickets,

Broadway on the cusp of a vibrant rebound,

Proctors gets federal aid, nears $14M needed to reopen organization,

America needs a Department of Arts and Culture,

Where Art Matters: In Praise of the American Regional Theatre,

'Courtney, Take Your Break' Meme: Story of 'Legally Blonde' Musical,

Signature Theatre picks Matthew Gardiner as its new artistic director,

Paul Huntley, Hair Master of Broadway and Hollywood, Is Dead at 88,

California Approves Funding for Music Venues, Arts Recovery in New State Budget,

California Theaters, Facing a Shaky Future, to Get $50 Million in Aid,

Our Job Is to Change This Industry,

Performing Now NYC A New Pop-Up Ticket Booth Selling Tickets,

Covid Surge Shuts Down West End Shows,

Theatres deserve better treatment from government,

I've been cast as bitchy theatre critic,

Andrew Lloyd Webber's New Act: Activism,

Michael Halberstam, accused of harassment, steps down as Theatre leader,

Empty Theaters Breed Mental Health Concerns,

July 23, 2021

Theater News for the Week of July 23rd

By Bennett Liebman

Williamstown festival crew walks off the job; cautionary tale for theater,

New Broadway season highlights Black playwrights,

New York launches $100M tax credit program to aid theater productions,

Rattlestick Theater Is Prioritizing Social Change in Its New Season,

Michael R. Jackson is reshaping the world of musical theater,

Broadway's Reopening Fears Amid COVID-19: "There's So Much We Still Don't Know",

Head of Classic Stage Company to Depart in 2022,

Broadway Just Got More Wheelchair Friendly,

As New York Reopens, It Looks for Culture to Lead the Way,

New York's 'Merry Wives' Cancels Performances After Positive Covid Test,

Federal funds are flowing to long-shuttered venues, after an agonizing wait,

Actors' Equity forecasts change with opened membership program,

Actors' Equity Announces 'Open Access' to Membership,

Actors' Equity Association Eases Union Membership Qualifications,

Dear Actors' Equity, We need to have a conversation,

Glenn Davis and Audrey Francis to become artistic directors of Steppenwolf Theatre,

Comfort in Sarasota theater,

After a long 'intermission,' community theaters are getting back onstage,

Goodbye, Dolly: With Their Bids, Fans Hold Onto Carol Channing,

'Why Is Every Single Thing I Say a Problem?,

Theatres face summer of risk and chaos, 'It all feels very, very fragile',

Theatres accuse UK government of breaking Covid-19 insurance promise,

The show can't go on: Covid tracking app crippling theatres and venues,

Cinderella: Andrew Lloyd Webber says theatre is on its knees due to Covid rules,

News for the Week of July 23rd

By Bennett Liebman

In Memoriam Paul C. Weiler LL.M. '65: 1939-2021: North America's foremost labor law scholar and the founder of 'sports and the law',

Federal Judge Blocks Enforcement of West Virginia Anti-Transgender Sports Law,

'We're all complicit to an extent':,

Group Licensing Is Starting To Take Shape For College Athlete NIL Deals,

Ten Considerations for Universities Implementing NIL Policies,

With the NCAA's authority quickly eroding, significant change is ahead,

Taxing College Athletes After NCAA v. Alston,

NIL, COVID-19 pushing NCAA to drastic change,

After Supreme Court Loss, NCAA Deregulation Is Inevitable Next Step,

At the Olympics, Gender Equality Is Not So Equal,

New Developments in the Lawsuits and Allegations Against the Blackhawks and Former Video Coach Brad Aldrich,

IOC Rule 40 Irks Athletes and Spurs Ambush Marketing,

College Sports Insurance Market Post-NCAA v Alston,

Judge rules against holding La Liga, other club games in United States,

Sports Governing Bodies:Anti-trust/Competition Law,

Texas, Oklahoma SEC Move Would Make Super Conference for New NCAA Era,

Facing forfeits: How the NFL is applying pressure to players, teams over vaccinations,

Astros Sign Stealing Lawsuit Judge Rules Against Fans,

Jackson State blocks reporter from covering Deion Sanders at media day,

Olympic Team USA Pay Disparity Between Men & Women Competing in Same Sport,

Vitali--Aided by Baffert Court Order--Resurfaces at Saratoga,

KHRC charges N.Y. drug lab, Baffert team with tainting split sample,

WADA: Intervened to stop some Russian athletes,

July 30, 2021

Theater News for the Week of July 30th

By Bennett Liebman

Broadway Will Require All Audiences To Be Vaccinated For Covid,

Broadway theaters will require audience members to be vaccinated,

Broadway In Hollywood To Require Proof Of Vaccination At Its Shows,

Actors' Equity & B'way League Announce for Reopening,

COVID Vaccines Are Mandated for Broadway Workforce,

'Ethel Waters' set to usher in 'new era' for Cap Rep,

See which NY theaters, museums, arts venues landed $1.2 billion,

It's opening night at Shea's Performing Arts Center,

Sunday in the Trenches With George,

'Pass Over' Is the First Broadway Play to Open Post-Lockdown,

Will Broadway theater be closed again?,

How Broadway is working to ensure that covid doesn't bring the curtain down,

D.C. Theatregoers Still Hesitant to Return in 2021,

COVID-19 Delta variant threatens theater plans,

Due to variant concern, DC theatergoers still reluctant to return,

Amar Ramasar, City Ballet Dancer, To Retire,

A critic responds to a dad's defense of his playwright son,

With three new musicals, Washington reemerges as major Broadway tryout town,

Actors' Equity Blows Open the Doors,

Front Porch partners with the Huntington Theatre with an aim toward becoming a sustainable Black arts organization,

Theater podcasts gain popularity,

Andrew Lloyd Webber says COVID vaccine passports for theatres 'inevitable',

Australia's arts sector shredded by Covid shutdown,

Sports News for the Week of July 30th

By Bennett Liebman

Who Decides What a Champion Should Wear?,

The NCAA College Basketball Bribery Scandal: The Scheme that Continues to Shake Collegiate Sports,

NBA players profiting from 'slave labor' in China, L

Simone Biles was abused by Larry Nassar and abandoned by American Olympic officials,

Can transgender girls play girls' sports?,

NFL vaccine policy: Players not required to be vaccinated,

Nassar has paid just $300 in penalties but spent $10,000 in jail,

US Gymnastics sex abuse scandal, Larry Nassar loom over Olympics,

Data Analytics Fuel Athlete-Driven Revolution in Contract Negotiations,

American Top Team Offer to Hurricanes Includes Perpetuity Clause,

Avoiding Landmines in the Collegiate Name Image and Likeness Roll-Out,

Navigating the New World of Name-Image-Likeness for Student-Athletes,

Uniform College Athlete Name, Image or Likeness Act,

NCAA Student-Athlete Name, Image and Likeness,

Wasserman: The Quinn Ewers conundrum and how NIL impacts the recruitment of elite high school athletes,

ESPN Big 12 Legal Dispute Keeps Boiling With Magnus Rejection,

ESPN Response To The Big 12,

Daniel Snyder John Moag Motion for Sanctions Dismissed,

Weight Lifting, an Original Olympic Sport, May Be Dropped,

NYSPHSAA to vote on allowing high school athletes to benefit off name,

MLB: Indians' new name may be a boon for Cleveland Guardians roller derby team,

The Fight For NIL Rights Reaches A New Class: High Schoolers,

Miami Bookie Has $13 Million, 61 Gold Bars And More Seized By Feds,

Prairie Meadows took illegal bets for 32 years,

August 6, 2021

Theater News for the Week of August 6th

By Bennett Liebman

Should businesses check vaccination status?,

Where Do Theater Artists Go to Ask Questions?,

Broadway theaters will require audience members to be vaccinated, masked,

New York City to Require Vaccinations for Indoor Performances,

Broadway Is Coming Back In September. But Can It Stay Open?,

A Milestone for Broadway as 'Pass Over' Begins Performances,

Lincoln Center Names Shanta Thake as its New Artistic Leader,

Shanta Thake named to a top post at Lincoln Center,

IATSE issues statement in support of vaccination for members,

Actors' Equity calls for resignation of Gov. Cuomo,

The One Where It's a Live Musical Parody of Your Favorite TV Show,

Broadway Comes Back with Pass Over and a Block Party,

'Pass Over' Reopens Broadway With COVID Vaccination Requirements,

'There's Still So Much to Unearth' in 'Pass Over',

Alvin Ing Dead: Pioneering Asian American Broadway Actor Was 89,

Is Infamous Broadway Producer Scott Rudin Gone for Good?,

The Filmed Version of Broadway's 'Come From Away' Is Coming to Apple TV,

'Wicked' set to relaunch touring market for Broadway shows,

Fans Flock To Dallas' Fair Park For 'Wicked', First Broadway Tour Since Pandemic Began,

Friday Night Footlights: How Theater Bonds a Colorado Town,

Requiring Vaccination Proof, Arena Stage, Studio Theatre and the Shakespeare Theatre Company will require audiences to show proof of vaccination this fall,

Broadway Performers on What Industry Needs to Reopen and Grow,

Playwrights Living With HIV Have His Love, and Now Support,

London's theatres welcome visitors back as UK relaxes quarantine restrictions,

Sports News for the Week of August 6th

By Bennett Liebman

The new world of college athletics,

NCAA v. Alston: The Beginning of the End or the End of the Beginning?,

What Every Student-Athlete Needs to Know,

Challenges And Opportunities,Challenges And Opportunities: The NCAA Suspends Its Name, Image, And Likeness Amateurism Rules,

NCAA gender equity review recommends combined Final Four amid 'systemic' disparities,

NCAA Undervalued Women's Basketball Tournament,

Syracuse officials knew about Quentin Hillsman's misconduct,

What did Syracuse officials know about coach's alleged misconduct?,

'Truly The End Of Female Sports,

Cleveland Indians new name is already taken by a roller derby team,

Did The Cleveland Indians Commit A Colossal Misstep With Rebranding,

How 'race-norming' was built into the NFL concussion settlement,

Attorneys For Servis Say FBI Misled Court On Wiretaps, Want Evidence Suppressed,

Tokyo Postponement Opens NIL Doors For College Summer Olympics Stars,

Olivia Moultrie Age Eligibility Lawsuit Against NWSL Settled,

How Notre Dame football players, parents are navigating NIL possibilities,

Gillibrand: Equal pay bill for Team USA needed,

U.S. Men's Soccer Group Joins Women's Team in Equal Pay Fight,

Trademark just the beginning for UConn star Paige Bueckers,

Could DFS Vanish As Mobile NY Sports Betting Nears Launch?,

WFT bans fans from wearing Native American headdresses, face paint at home games,

Sharks' Evander Kane denies allegations he bet on NHL games,

Evander Kane gambling accusations are slippery slope,

No Youth Olympic Games, says Richard Pound, No Youth Olympic Games,

CAS Field of Play Decision in Olympics,

August 13, 2021

Theater News for the Week of August 13th

By Bennett Liebman

Ushering in the Age of Vax-and-Mask,

Area arts venues again requiring masks,

Broadway superstar Laura Osnes fired from show for not being vaccinated,

Beanie Feldstein to star in Broadway revival of 'Funny Girl,'

Lin-Manuel Miranda and the Telsey Office launch casting fellowship program,

Off-Broadway League, Actors' Equity reach new collective bargaining agreement,

Broadway shows will not report grosses,

Lauren Reid named president of the John Gore Organization,

'West Side Story' will not reopen,

West Side Story' Will Return $10 Million Federal Aid,

Actors Fund, Places Please Project Offer Theater Worker Financial Aid,!

How "Hamilton" stayed alive during the pandemic,

Another $100m Injected into Local Arts from Federal Shuttered Venue Fund,

Thornton Wilder's 'Our Town' gets a multicultural restaging,

Hygiene theater won't end pandemic,

After a Midsummer Shiver, Provincetown Proceeds With Care,

The actors were unmasked for the show's opening,

N.J. theater saved from auction block,

Staging The Glass Menagerie in St. Louis,

Lend Us Your Ears, and Don't Forget Your Farm Boots,

Audra McDonald Talks 'Respect,'

Shubert Artistic Circle Announces Inaugural Core Program Class,

Lamda boss to leave job amid 'conduct and management style' complaints,

'I have a scene to do, run!',

Edinburgh Fringe Is Back. Is a Smaller Festival Better?,

Shaw Festival pulls Stephen Sondheim's Assassins from lineup,

Sports News for the Week of August 13th

By Bennett Liebman

Why the NCAA didn't punish Baylor,

NCAA has harsh words but no penalties for Baylor,

Khan: The toothless NCAA didn't punish Art Briles,

MLB, Barstool Sports in significant talks to broadcast games,

Barstool Sports, MLB Broadcast Rights Conversations "Barely Existent",

Dan Kaplan "Betting On Steroids,

Compensating College Athletes: Moving the Ball Forward,

What's in a Name, Image and Likeness for Student Athletes?,

Plaintiffs' lawyers in NCAA case pick up $3.5 mln more in fees,

Rowing to Title IX Victory: Court Rules in Favor of UConn's Women's Rowing Team,

Appeals court revives lawsuit filed by former UND hockey players,

Alston Supreme Court Ruling Against NCAA Being Used in Fast Food Cases,

Heinz Field Seat Painting Dispute Pittsburgh Steelers NFL,

Future of Texas NIL laws for HS athletes,

Opinion | I'm a Trans Athlete. I Only Want to Win If It's Fair,

MLB Field of Dreams game obscures baseball's greed in Iowa,

MLB ballpark fan injuries: Will netting be added to avoid lawsuits?,

Britain plans to change laws to protect football authorities,

Seton Hall moves to get Myles Powell's lawsuit dismissed,

Official League Data Gets Messy In Maryland Sports Betting,

Unionizing College Football Players Presents A Double-Edged Sword,

Tokyo 2020 British sprint relay team could lose silver medals after one athlete fails doping test,

Thoroughbred Trainer Jorge Navarro Pleads Guilty,

Soccer Phenom, League Get Rulings Revoked, Making Deal Official,

Lawsuits Filed In 'Messi' Soccer Dispute,

August 20, 2021

Sports News for the Week of August 20th

By Bennett Liebman

Justice Barrett Vaccine Ruling Will Affect NCAA Sports,

South Carolina Gets More Aggressive With Agents, Including A 10% Cap On NIL Fees,

As College Athletes Run NIL Ads, Universities Fear Brand Conflicts,

Ritzel: Judging impact of NIL on New York state's high school sports,

Contract Basics for Every Student-Athlete NIL Deal,

The NCAA Dropped The Ball On NIL,

Competitive advantage? BYU's NIL deal could test limits,

Florida State Players Offered Crypto Cash,

Why Athlete Agents Should Enter The World Of NIL Representation With Caution,

Key Considerations in Contracting with Student Athletes for NIL Rights,

Afghan Women Athletes Endangered with Taliban Takeover,

Michael Eisner Outflanked On Topps As Players Roil $600 Million Payday,

Barstool Sportsbook Quietly Launches In New Jersey,

Raiders facing "very big" tax implications for not reporting income,

Florida's Sports Betting Plan With The Seminole Tribe Is Threatened By A Federal Lawsuit,

Penn State athletics: PSU fencing coach facing suspension,

Biden Extends Title IX Protections Ahead of Revised Title IX Regulations,

NFL wants to relocate from St. Louis again, this time the Rams move lawsuit,

A Summary of CAS Decisions at The Tokyo 2020 Olympic Games,

Major League Baseball should suspend Trevor Bauer,

Woman loses court bid for long-term restraining order against Trevor Bauer,

Wes Eden group files to trademark 'Las Vegas Villains' for MLS team,

Scottish Soccer's Brexit Problem: No Way In, and No Way Out,

Manchester United's legal battle, football video games' butchered names and the cult of Ruud von Mistelroum,

Too little, too late as Caster Semenya study findings revoked,

Theater News for the Week of August 20th

By Bennett Liebman

The arts are not immune to sexually abusive work environments,

4 Accusers Speak Out About Broadway Star Alice Ripley,

With Hamilton, Disney, Wicked ticket sales slow, Broadway isn't back,

Will audiences return to the Great White Way in September,

As Venues Reopen, Will Streamed Theater Still Have a Place?,

Broadway Star Laura Osnes Denies Being Fired Over Vaccine Refusal,

Musicians Union Ratifies Back-To-Work Agreement With Broadway League,

Broadway comes back with new investors, bold plans,

Should Broadway Really Open Up in September?,

Museum of Broadway now set to open next summer,

The Case For Grosses,

Broadway sets terms for prorated pay for actors,

John Gore Organization and Black Theatre Coalition partner for new fellowship program,

'Wicked' names Christina Alexander Director of Social Responsibility,

David Milberg, A Financier with a Broadway Dream Come True,

Lincoln Center Hopes a $20 Million Donation Will Help Fuel a Revival,

COVID-19 vaccine mandates should extend to actors onstage,

Chicago theaters requiring proof of vax, negative COVID tests, masks,

How streaming Broadway shows could change theater forever,

'Hamilton' Makes Emotional Return to Los Angeles Theater,

Theater Director With Exaggerated Résumé Quits,

Theatres Restaff, But Who Gets to Come Back?,

Can theatre clean up its act on mental health?,

Quebec's box-office subsidies keep theatres thinking big in the pandemic,

Andrew Cuomo musical by Hank Morris headed to Off-Broadway,

August 27, 2021

Sports News for the Week of August 27th

By Bennett Liebman

College Athlete Employee Case Advances Past Motion to Dismiss,

NCAA Student-Athletes Advance Wage Suit Against Their Schools,

Tiger Woods Former Coach Hank Haney Loses PGA Tour Lawsuit,

PGA Tour earns legal win as Hank Haney suit over offensive comments is dismissed,

Manchester City defender charged with four counts of rape and suspended,

School NIL Policies,

Navigating Taxes for Student Athletes with NIL Revenue,

College football recruiting a new world under NIL,

Novel legal issues to address for colleges, universities,

The NCAA Declares Independence from NIL Restrictions,

Buffalo Bills stadium negotiations could progress after Monday meeting,

DC Sports Betting Report On GambetDC Delayed Again,

Too many sports are tackling content piracy alone,

NFL stepping aside for now from Spanos siblings' court battle over Chargers,

Knicks' Nerlens Noel sues agent Rich Paul, alleges $58 million in lost earnings,

Evander Kane Sued to Stop Erasure of Abortion Debt in Bankruptcy,

Florida asks judge to throw out lawsuit challenging transgender sports law,

CC's corruption unit hands out 8-year bans to UAE cricketer,

Flutter Entertainment, a betting behemoth, is on a roll,

Sports Betting Ponzi Defendants Must Pay SEC More Than $925,000,

Manchester United's legal battle, football video games' butchered names and the cult of Ruud von Mistelroum,

New College Sports Alliance May Face Antitrust Scrutiny Similar To What The NCAA Is Experiencing,

New alliance group can't collaborate on future of athlete compensation,

J.R. Smith Golf NBA Career NCAA LeBron James Name Image Likenes,

The Decade When Everything Changed in College Football,

Theater News for the Week of August 27th

By Bennett Liebman

'This Is Broadway' Campaign Aims to Attract Wary Theatergoers,

Former Cuomo target gets payback of sorts, through musical theater,

Broadway Power Brokers Pledge Diversity Changes as Theaters Reopen,

New Deal for Broadway: Sweeping diversity pledge for stage,

Actors' Equity and Off-Broadway League Reach New Agreement,

What happens if someone tests positive for COVID on Broadway?,

Capital Rep's new theater is excellent. Its first show is, too,

'Moulin Rouge!' hires Director of Equity, Diversity and Inclusion,

Black Theatre United publishes list of reforms for Broadway industry,

New York City's Economy Is Dealt a New Blow by the Delta Variant,

Broadway theater returns with an unprecedented seven plays by Black writer,

Micki Grant Blazed a Trail, From Poetry to Broadway and Beyond,

Annie Baker's Infinite Life Postponed at Off-Broadway's Signature Theatre,

NYC needs another 'I Love NY' campaign to bring Broadway back,

Aaron Sorkin: To Kill A Mockingbird more relevant to changed Broadway,

Camille A. Brown Will Be The First Black Woman To Direct And Choreograph A Broadway Show,

The Alice Ripley Allegations Have Started a Needed Conversation,

Met Opera Reaches Deal With Orchestra,

Luis Alfaro aims to make L.A. the center of the theater world,

Texas venues face losing talent that wants vaccine proof, or breaking law, 'We don't want the heat',

Can small L.A. theaters survive a prolonged COVID pandemic?,

These 30 N.J. theaters will enforce COVID vaccine or negative test results,

Stages St. Louis will present pre-Broadway tryout for new 'Karate Kid' musical,

Laura Osnes Replaced for Both Disney Tour + Hamptons Concert,

Staging 'The Glass Menagerie' on the Fire Escapes That Inspired It,

I'm finally seeing live shows again - and I feel like a kid in a sweetshop,

September 3, 2021

Theater News for the Week of September 3rd

By Bennett Liebman

When The World Shuffled Off to Buffalo,

Musicals Return to Broadway With 'Waitress' and 'Hadestown,

What Theater Learned While Being Closed for 18 Months,

Celebrities wade into West Stockbridge feud as permit hearing looms for The Foundry,

Broadway shows are back, but different from before,

Broadway Theater Safety, Proof of Vax, Masks and Live Theater,

Broadway Returns! But Where Will it Go Now?,

Broadway Theater Owners and Producers Start Campaign to Bring Back Locals,

TKTS Times Square reopens Sept.14,

Patti LuPone Is Anxious and Emotional About Broadway's Return,

Broadway Musicals Return, But COVID Concerns Are Center Stage,

Trans March on Broadway, Protesting Statements Made by Cameron Mackintosh,

Alexandra Billings Counters Transphobic Cameron Mackintosh Comments,

How 'Pass Over' on Broadway and other shows are rehearsing safely,

3 Broadway Veterans Prepare For Opening Night After The Pandemic,

Wicked composer Stephen Schwartz: 'The US arts scene is like a totalitarian state,

At 23, She Created A Not-For-Profit To Give Women And Non-Binary Theater Artists All The Tools,

'Hamilton' reopens at the Hollywood Pantages,

Inside Disney Theatrical's Global Restart After Pandemic Shutdown,

Oregon Shakespeare Festival Announces New Leadership Structure,

Theatre's Fall Plans, and the Delta Variant,

'Let It Go' was about pressure on women: Frozen's songwriters on redefining Disney,

Tom Stoppard admits being at odds with 'lively' leftwing UK theatre scene,

Edinburgh's festivals bounce back to sell more than 520,000 tickets despite late lifting of restrictions,

Watch Hadestown Cast Serenade Audience With "Lean On Me" After First Show Back,

Sports News for the Week of September 3rd

By Bennett Liebman

Vaccine Requirements Could Convince More Than a Quarter of Unvaccinated Sports Fans,

NFL Fraud Case Ends In Mistrial As Tempers Flare On Jury,

Feds Drop 'Varsity Blues' Racketeering Conspiracy Charges,

USA Gymnastics Floats $425M Ch. 11 Plan For Abuse Victims,

USA Gymnastics, Abuse Victims Reach $425 Million Bankruptcy Deal,

Vizquel Accuser Didn't Report Alleged Harassment,

Soccer Player Kaku Breached Contract By Signing With Saudi Club,

Considerations for Entering Into a Student-Athlete NIL Agreement,

California accelerates NCAA athlete pay law,

Why women and social media stars are becoming college sports' big winners,

Dealmaking Pitfalls in NCAA's New NIL Policy,

Inside Maryland's law allowing college athletes to make money,

College NIL Athlete Protections Get Short Shrift as New Era Unfolds,

Ron Burkle Lawsuit Sacramento MLS Stadium,

Tax Crimes Randolph Morris Chinese Basketball Association Income,

Jaguars respond to NFLPA probe following Urban Meyer's vaccination comments,

Knicks Player's Ex-Agent Says Rival's Truck Gift Crossed Line,

20 States Sue Biden Admin Over LGBT Directives, Guidance for School Sports,

Judge rejects attempt by NFL, Rams and Kroenke to move relocation lawsuit from St. Louis,

Trustee seeks court's permission to sue Tom Dundon in bankruptcy,

Sponsorship Empire Such as Roger Federer's Sparks an Interesting Debate: Do Celebrities Make the Brand or Do the Brand Make the Celebrities,

Athletes Sue W. Michigan University Over Vaccine Mandate,

Benjamin Mendy's criminal charges - employment, sporting & financial repercussions,

Notre Dame Debit Card Deal Shows Banks Pay Up to Push Fee Products,

SEX SCANDAL IN THE SEC, SEX SCANDAL IN THE SEC: Ole Miss Softball Coach Is In Hot Water For Secretly Hooking Up With One Of Her Players,

US Department of Interior's Decision on Florida Sports Betting Compact Likely to Inspire Future Gaming Expansion If It Survives Pending Legal

September 10, 2021

Sports News for the Week of September 10th

By Bennett Liebman

Ex-NFL Team GC Accused Wilkinson Of 'Trickery',

Washington NFL Team Lawyer Said Harassment Probe Unethical,

Former WFT lawyer urged documents related to claim against Daniel Snyder destroyed,

Ex-NFLer Wants $118K Fees After 9th Circ. Benefits Win,

Sports Supply Co. Can't Dodge Ruling In Dick's Burst Ball Suit,

Coronavirus: Brazil coach Tite says football 'not above the law',

IPO Of Sports Data Giant Sportradar Likely To Mint New Billionaire,

Minor Leaguer's Fight For Fairer Wages Enters Final Innings,

MLB Restructuring of Minor League Faces Lawsuit That is Advancing,

Yankees fail to dismiss lawsuit over ending affiliation with minor league team,

Why Deshaun Watson Isn't Playing,

IIHF bans Belarus hockey president for five years for code of conduct violations,

Seattle Mariners T-Mobile Park ADA Lawsuit Handicapped Seating,

Division I Athletes Can Proceed with Wage Claim,

Texas A&M Blocks '12th Man' Copyright Claim,

How college athletes who aren't stars make money off NIL,

Dr. Mark Keenum: talking NIL, conference transfer policies, and future of the NCAA,

Ole Miss softball coaches cleared after allegations over relationship,

NFL Season Gets Under Way With New Lawyers Filling Team Ranks,

Former NFL star Clinton Portis broke the law, but it doesn't mean he was wrong,

Tyler Skaggs case: Angels object to request for documents,

Angels counter government's motion for more documents in Tyler Skaggs case,

LA Dodgers' Ex-Scout Claims Age Bias Led To His Firing,

New York's highest court to hear Orioles-Nats TV dispute,

Antonio Brown alleges in suit that ex-agent Drew Rosenhaus hid marketing agency ties,

Kroenke to Missouri Supreme Court: Hands off my portfolio,

Theater News for the Week of September 10th

By Bennett Liebman

Theater Talk: COVID rules 'not uniform, but ubiquitous' as Buffalo theaters open,

Broadway League's Equity, Diversity & Inclusion commitment is not 'just talk.',

'Broadway Rising' Feature Documentary To Chronicle Industry Reopening.',

Supporters Fuel Fiscal Year 2021 Grant-making Past $13 Million,

How Broadway, How Surreal! How Radical! How Avant-Garde! How Broadway?,

A 'Wicked' revelation: Bold and on Broadway, a former Princeton athlete finds his way home again,

Broadway Return of Waitress Sets House Record at the Ethel Barrymore Theatre,

How Broadway helped keep NYC alive after 9/11,

Transgender March on Broadway Slams Cameron Mackintosh,

Bernadette Peters and Lin-Manuel Miranda on the Privilege of Creativity,

Sharon D. Clarke Talks 'Caroline, or Change',

Why Theater Can't Go Backward,

'Working' is restaged as a vehicle for activism on Black Lives Matter Plaza,

'Come from Away' review: Musical has folksy charm on screen,

Sexual misconduct claims at Artists' Exchange trigger backlash,

Steppenwolf Emerges from the Pandemic with New Leadership,

Why Can't Theatres Be More Like Public Parks?,

'The Doors Didn't Open Easily' on Her Path to 'Cinderella',

Hilary Mantel on staging The Mirror and the Light,

What's The Future Of Musical Theater Post-Covid?,

Why London's West End will always win,

'I felt completely lost': the actors navigating an arts crisis and long Covid,

New 'Los Angeles Anti-Racist Theater Standards' Seek To Create Lasting,

College Theatre Programs Must Be Held Accountable for Their Promises of Change,

Once on This Island: How LaChanze Helped Me Heal After 9/11,

When 'The Crown' left Black voices out of an episode about Kenya, Marcia Johnson got angry -- and then she wrote a play,

September 17, 2021

Theater News for the Week of September 17th

By Bennett Liebman

Summer theater 2021: Great because it happened,

For one couple, a downtown theater brings dreams to life,

The Theatre Industry's Internship Problem,

Broadway's Biggest Hits Reopen in Festive Night of Theater,

Tony Awards afterparties by organizers, Rick Miramontez, canceled,

Stephen Sondheim Writing New Musical 'Square One', Reveals Plans To Stephen Colbert,

Broadway is back: producer says 'pent-up demand' is a 'good harbinger',

'The Lion King,' 'Hamilton' and 'Wicked' return to Broadway -- and it's the heart that sings,

Broadway Makes Its Long-Anticipated Return, But How Does It Feel?

Broadway is back -- are high ticket prices, too?

As Broadway reopens, theater industry confronts racial inequality criticism,

'It's the balm we need right now': how Broadway fought its way back,

Broadway Is Brimming with Black Playwrights. But for How Long?,

Broadway Theater Owner Floating on Air After Record-Breaking Deal,

'Hamilton' Cancels Atlanta Performance Over Covid Concerns,

Robert Falls to Depart Goodman Theatre in 2022,

What Actors Need to Know About COVID Protocols,

Ruben Santiago-Hudson Brings 'Lackawanna Blues' to Broadway,

TheaterWorks postpones live return due to worker shortages and COVID concerns,

Nataki Garrett, Shaking Up and Stabilizing Oregon Shakes,

'Six' Is Back in Rehearsals and Hoping to Get to Opening Night,

Broadway Coming Back With Diverse Voices On And Off Stage,

Memories of Jesus Christ Superstar at 50,

Community, Theatre - Which Comes First? Community,

Amy Adams makes her West End debut in The Glass Menagerie,

Theatre District restaurants welcome return of Broadway fans,

Sports News for the Week of September 17th

By Bennett Liebman

MLB Network Settles Fired Makeup Artist's Retaliation Suit,

Larry Nassar's enablers in the FBI should face criminal charge,

Celeb Boxing Promoter Wants Out of TV Host's Image Suit,

US Department of Interior Approves Connecticut's Expanded Gaming Compacts,

Checklist for University Policies Addressing NIL,

Skylines and Stadium Seating,

Seattle Mariners T-Mobile Park ADA Lawsuit Handicapped Seating,

Name, Image and Likeness Scouting Report,

An Interview with the Legal Team from Canucks Sports,

3 more Tribes approved to offer sports betting in Washington,

Burr & Forman Launches Resource Website for Student Athletes,

Who is Eligible to Participate in Single-Sex Sports Under Title IX?,

Title IX Is Turning 50, But More Work Remain,

Rams and National Scrutiny,

Settle or go to trial? NFL faces choice after St. Louis relocation suit setback,

Notre Dame Play Like a Champion Today Deal Troubles Oklahoma Fans,

U.S. Soccer CBA USWNT USMNT Equal Offers Legal Impact,

Tiger Woods Analogy Legal Beyond a Reasonable Doubt Jury Selection,

Will Breeders' Cup Officials Act To Protect Their Brand?,

Excel Sues Endeavor/WME For Poaching Baseball Agents,

How DNA Determined Sample Identity In An Anti-Doping First For India,

Sports Court Upholds Ban for Former Nike Coach Alberto Salazar,

Bans on Salazar and Brown,

Sha'Carri Richardson Effect: Anti-Doping Authority to Re-Examine Cannabis,

Zion Williamson lawsuit: Agent violated state laws,

October 1, 2021

Theater News for the Week of October 1st

By Bennett Liebman

Federal arts bailout totals $36 million locally,

Inside the battle to change a prestigious theater festival's 'broken' culture,


The curtain closes on Frozen in Buffalo,

One show at a time, Broadway theater is coming back,

2021 Tony Awards: Review,

For a Broadway Torn by a Pandemic, a Split-Personalities Tonys,

Aaron Tveit Tearfully Triumphs Over Zero Competitors,

Tony Awards ceremony slumps to 2.6 million low,

Aaron Sorkin on Scott Rudin,

'Aladdin' will resume Broadway performances after COVID-19 cases,

Daniel Craig and Ruth Negga to star in Macbeth on Broadway,

The Best and Worst Moments of the Tony Awards,

Opinion | What Happens Inside a Broadway Theater Can Help Us Heal,

Karen Olivo left Broadway to build a better theater industry,

Now that Tony Awards are over, where does Broadway go from here?,

Takeaways From the 2021 Tony Awards,

Broadway is Back! Are you Going?,

Actors' Equity hires attorney to investigate 'Jagged Little Pill' claims,

How the potential IATSE strike could impact Broadway productions,

Charlayne Woodard enjoys return to theatrical 'home',

The lasting testament of Jane Alexander,

Six Gets Its Closeup, "Six" was denied its big spotlight on the day Broadway shuttered. Now at last, it gets its closeup.,

L.A. Artists Create and Share Anti-Racist Theatre Standards,

'Playwriting Sisters' Martyna Majok, Jocelyn Bioh on Restarting Shows,

Young Women Set the Tone for a Paris Theater Season,

Sports News for the Week of October 1st

By Bennett Liebman

NLRB College Athlete Memo Employee Recognition NLRA Labor Law,

NLRB General Counsel Jennifer Abruzzo Issues Memo on Employee Status of Players at Academic Institutions,

NLRB General Counsel: College Athletes Are Employees Under The NLRA,

'This guy has a pattern': Amid institutional failure, former NWSL players accuse prominent coach of sexual coercion,

Paul Riley Fired as N.W.S.L. Is Shaken by Abuse Accusations,

NCAA President Decries 'Patchwork' Of Name, Image Laws,

Feds Seek Light Sentences For Ex-NFLers In Benefits Scam,

State AG Opinion on the Kentucky State University Foundation,

Terry Rozier's 'Scary Terry' Fights Off Federal 'Scream' Lawsuit,

Easter Unlimied v. Rozier,

NYRA to Court: A Hearing Was 'Exactly' What Baffert Had Argued For,

Sports Gambling Is a Disaster Waiting to Happen,

Burr bill taxes college athletes who make $20,000 for NIL,

The weird law that prevents a lengthy Lane Kiffin contract,

Georgia Judges Tackle College Football: '#GoDawgs',

Class action lawsuit by former Villanova player claims athletes are employees,

Cornell, Fordham, Villanova Want Fast Appeal on Athlete Pay,

Fox Sports Networks Sued Over Use of 'House of the Rising Sun',

Was the Super League illegal?,

Boxing bouts fixed at 2016 Olympics, investigation finds,

Alexander Zverev: Domestic abuse allegations by Olga Sharypova,

Bears sign purchase agreement for Arlington Park property,

Krystsina Tsimanouskaya investigation enters new phase as Athletics Integrity Unit steps in,

Los Angeles Rams' St. Louis Lawsuit Puts NFL in Uncomfortable Position,

Ex-NBA Player Randolph Morris Acquitted in Tax-Evasion Case,

October 8, 2021

Theater News for the Week of October 8th

By Bennett Liebman

How Broadway Musicals Saved This Doctor After His Dad Died,

Commentary: Plan to support New York artists harkens back to the WPA,

The True History Behind 'Six,'

Beanie Feldstein on Longtime Love of 'Funny Girl' and Barbra Streisand,

The Flea Announces New Resident Company and a Focus on Black and Queer Artists,

George Ferencz, Innovative Theater Director, Dies at 74,

Jeremy McCarter: From Drama Critic to Lin-Manuel Miranda's Co-Author,

'The Lehman Trilogy' Music Tells a Story,

Adrian Lester Finally Arrives on Broadway, via Wall Street,

Theatre Leadership Project Approved for NYC Theatrical Production Tax Credit,

The Lark Is Grounded: New-Play Incubator to Fold After 27 Years,

An Acclaimed Playwright on Masks and the Return to the Stage,

American Shakespeare Center cancels fall season amid reports of internal strife,

A Dance Show on a Cruise Ship? It's Not What You Think,

'Connecticut's Broadway:' 6 venues form new coalition to promote theater in CT,

Netflix's Diana: The Musical is the year's most hysterically awful hate-watch,

Jeremy O. Harris To Pull 'Slave Play' In L.A. Over Lack Of Female Playwrights,

Biden's Picks to Head NEH, NEA: Shelly Lowe and Dr. Maria Rosario Jackson,

Tentative agreement reached after IATSE strike shutters opening night,

Kennedy Center stagehands authorize strike days before 'Hadestown' run,

Disney Princess Concert Tour Cancels Fall Dates Due To Covid Concerns,

Saving New York Independent Theater: An Update,

How Director Michael Longhurst Is Resuscitating Theater on Both Sides of the Atlantic,

Column: Live theater spotlights a welcome virus diversion,

'I Didn't See Myself Represented In American Theater': New Play 'Thoughts Of A Colored Man' Arrives On Broadway,

Sports News for the Week of October 8th

By Bennett Liebman

AAF bankruptcy: Hurricanes owner Tom Dundon claims he, not defunct league's players, should get millions,

Zverev Investigation Announced by ATP,

NWSL commissioner Lisa Baird, general counsel ousted over Paul Riley accusations,

NWSL's systemic issues cast a long shadow as league returns to the field,

Women's Soccer League Hires Law Firm to Investigate Misconduct Allegations,

NBA Gambling Exec Warns Of Going 'Too Far, Too Fast' On Sports Betting,

No more betting firms to sponsor front of football shirt,

NBA 2K, Grand Theft Auto Beat Back Appeal of Infringement Suit,

Urban Meyer Jaguars Contract Legal Dispute Possibility if Fired,

Minor League Clubs Strike Out Again in COVID Insurance Appeal,

DOJ Title IX Investigation Leads to Settlement with San Jose State,

Soccer player jailed, charged with attempted murder after kicking referee,

University of Iowa will pay $400K via Title IX athletics settlement,

NCAA Still Waiting on Congress For Federal College Athletics NIL Bill,

FOS College: House's NIL Hearing,

Top NLRB Lawyer Says That College Football Players Are Employees,

No More Celebrities in Gambling Ads in Spain,

First Jury Verdict in Football-Brain Disease Case Upheld by the Pennsylvania Supreme Court,

Rakoff Won't Call 'Foul' On NBA Agent's Truck Gift For Player,

NY High Court Explores Whether Daily Fantasy Is Gambling,

3 Ex-NFL Players Get Prison Time For $3.9M Benefits Scam,

Excel Sues Endeavor/WME For Poaching Baseball Agents,

La'el Collins Lawsuit Takes Key Turn to Federal Court and Lands With Zeke Judge,

The last stand of Bob Baffert, horse racing's top trainer,

NYRA hearing for embattled trainer Bob Baffert looming,

U.S. charges 18 former NBA players with defrauding league's health plan,

October 15, 2021

Theater News for the Week of October 15th

By Bennett Liebman

A Racial Reckoning Is Underway in Theater. Where Is the Gender Reckoning?,

Cheerleading for the arts,

Maverick Threatens To Foreclose On Historic East Village theater,

The Public Theater Cancels First Previews for THE VISITOR,

Actors of Indian descent proud to lead Broadway's 'Aladdin',

Creative Goods launches QR-enabled buying program for Broadway merch,

Broadway Black Names Davon Williams Executive Director,

Canadian Stage announces indoor theatre season starting January,

Neil LaBute Seeks 'The Answer to Everything' in Germany,

How Lili Taylor Caught Wallace Shawn's 'Fever',

'Jesus Christ Superstar' at 50: What Was the Buzz?,

Performers struggle to balance covid safety and the show,

Kennedy Center stagehands spare 'Hadestown',

'Hadestown' musical's creators explain the magic behind the showstopping song 'Wait for Me,

Sam Mendes The Lehman Trilogy Ted Sarandos Helped British Stage Workers in pandemic,

Jim O'Quinn, Founding Editor of American Theatre Magazine, Dies at 74,

Broadway Is Ready To Pull The Plug On 'Aladdin', Says Source,

'Hamilton' Producers Deny Trans Actor's Discrimination Allegations,

Caesars signs $100M deal to create live theater projects at casinos,

Lynn Nottage, Clint Ramos, and More Call for the End of 10 out of 12s,

An Insider's Guide to Latinx Theater,

Laurents/Hatcher Foundation Awards $1.3M In Reopening Grants,

Slave Play Will Remain in Center Theatre Group Season After Organization's Commitment to Gender Equity,

Racist incident rattles 'Smokey Joe's Cafe' cast at Engeman Theater in Northport,

George Chakiris celebrates 60 years of 'West Side Story' at Redford Theatre,

Sports News for the Week of October 15th

By Bennett Liebman

U.S. women's soccer hid issues for NWSL to succeed, says O'Reilly,

Women's soccer reminds us of the fragile state of professional women's sports,

Abuse Scandal Rocks Portland, the Epicenter of Women's Soccer,

Allegations Of Harassment, Institutional Failures, And The NWS,

Crisis experts evaluate future for scandal-ridden NWSL,

NCAA Athletes Want Wage Class Cert.,

MLB's Labor Talks Remain Stalled as Big Spending Dodgers Hang On,

Jon Gruden Resigns After Homophobic and Mysogynistic Comments,

Jon Gruden Emails NFLPA Washington Investigation DeMaurice Smith NLRB,

How Jon Gruden's Emails Became Collateral Damage,

Letter to Corporate Sponsor, re Washington Football Team 211013,

N.F.L.'s Top Lawyer Had Cozy Relationship With Washington Team President,®i_id=281184&segment_id=71734&te=1&user_id=8ac93053dffeb815a0d5877892775eae

NFL hasn't set meeting with former Washington Football Team employee,

Kyrie Irving Vaccine Contract Issues with NBA Nets,

Ronaldo Hacked Evidence Rejected as Leaks Shake Sports Industry,

US Soccer USWNT Amicus Brief,

Is Florida Sports Betting At Hard Rock Really Starting Friday Or Not?,

Calalang cleared by USADA and WADA after eight-month battle to overturn ban,

Texas House approves sports bill targeting transgender youth,

Will Injured Kids Sue the Catholic Church Over Youth Football?,

La'el Collins suspension: Federal court judge upholds penalty,

Fantasy Constitution: New York's highest court is set to hear argument, again,

Sportradar's Universal Fraud Detection System targeting match-fixing in sport,

Pro Athletes Support Transgender Rights in Connecticut Lawsuit,

'This behavior just cannot go on': St. Louis judge fines NFL owners for missing deadline,

Explaining St. Louis's lawsuit against the NFL and what comes next,

October 22, 2021

Theater News for the Week of October 22nd

By Bennett Liebman

Shea's Buffalo Theatre will restore its prized Mighty Wurlitzer Organ,

Broadway Is Back. Here's What It's Like for Theatergoers,

Broadway ticket buyers make more last-minute decisions,

NY Theatre Producers Offered Tax Credits for Doing Diversity Jobs Training,

Broadway star claims he was fired for Christian beliefs,

Broadway to Have Its Blackest Season Ever,

"Is This a Room" and "Chicken & Biscuits" Bring the Unexpected to Broadway,

Blackness comes to 'The Great White Way,

BroadwayPlus brings lasting connections to ticketholders,

As Borders Reopen, New York Wants Foreign Tourists Back,

For Sharon D Clarke, a 'Big Sing' and a Big Broadway Moment,

Opinion: Is It Time for Performers to Renegotiate the Eight-Show Week?,

Ari'el Stachel Departs the Visitor,

Neil A. Mazzella, puts hammer and nail to restore sparkle,

Smaller shows will go on at Ida-damaged Louisiana theater,

How two daughters of Broadway legends came to premiere a new play,

97-year-old actor: 'I enjoy working with other people, particularly young -- well, in my case, they're all younger than I am',

2020 was supposed to be theater's reckoning,

Rebecca Caine speaks out on abuse she suffered,

Directors of Inclusion in Theatre Need to be more than Symbolic Positions,

Forcing audiences into casinos to see theatre is just what Sydney doesn't need,

Piers Morgan slams 'virtue-signalling' as theatre bans 'racist' word,

No Mask Required: The Joys and Fears of Seeing U.K. Theater Now,

Leslie Bricusse obituary,

We know they can do it when it suits them: theatre became more accessible,

Sports News for the Week of October 22nd

By Bennett Liebman

Chinese broadcast of Boston Celtics game pulled after Kanter's pro-Tibet video,

Wada uncovers 'potential wrongdoing' in drug testing of British cyclists,

House Democrats press NFL for emails, answers about WFT workplace culture probe,

House Democrats press NFL for answers about WFT probe,

Analysis: Nick Rolovich's firing by WSU has consequences, and not just for him,

Former Washington State coach Nick Rolovich has limited options after firing,

Texas Bill Restricting Transgender Student-Athlete Participation to Become Law,

Vaccines in sports at a glance,

New York State high school student-athletes can profit off their name and likeness,

Why NFL expansion speculation is a really bad idea,

Judge sacks lawyer Bob Blitz from St. Louis relocation lawsuit against Rams,

Deflategate Lawyer Has 1,000 Emails Among the 650K That Took Down Jon Gruden,

Deflategate Legal New England Patriots Washington Football Jeff Pash,

Opinion | What Jon Gruden's Emails Tell Us About Cancel Culture,

La'el Collins Lawsuit Drug Suspension Judge Rules for NFL,

NFL to remove 'race-norming' from concussion settlement evaluations,

Adviser Accused of Defrauding NFL Players Must Pay SEC Fine,

Which states have best NIL laws for college athletes to make money,

The 5 Biggest Name, Image, and Likeness Takeaways for Athletic Conferences,

More States are Allowing College Athletes to Profit off Their Names,

Gabe Feldman explains the new era of compensation for college athletes,

Lawmakers call on US Soccer and NWSL to investigate abuse allegations,

NCAA Authorizes "March Madness" for Women's Basketball Jump Ball!

World Cup every two years project loses momentum.

Referees need a law for safety,

October 29, 2021

Sports News for the Week Ending October 29th

By Bennett Liebman

Texas Gov. Greg Abbott signs a bill restricting transgender student athletes,

Transgender Athletes Face Bans From Girls' Sports in 10 U.S. States,

The NCAA coined 'student-athlete' in 1950s. Its time might be up,

8th Circ. Axes Part Of Minn. Athletes' Win In Title IX Case,

Appeals court upholds settlement between Brown and athletes,

NAACP calls on athletes not to sign with Texas teams due to recent legislation,

Can Two Sports Teams In The Same City Have Identical Names?,

Cleveland Guardians Lawsuit Trademarks Roller Derby Native American,

Tom House Lawsuit Pitching Coach Tom Brady Intellectual Property Law, https://zcfgcgfc322d222wscsaascaccccacacaczxxqzc

Congress Demands NFL Emails Roger Goodell Jon Gruden Washington,

Report to the Chicago Blackhawks Hockey Team,

'Animalism': Blackhawks Scandal Raises Culture Questions,

Kyle Beach: 'My Battle Is Really Just Beginning',

Stan Bowman: Chicago Blackhawks GM out after investigation,

Evander Kane assault accuser asks bankruptcy court to allow her case to proceed,

Los Angeles Rams Kroenke angers NFL owners with financial pivot,

Lucas Hernandez Continues Career Thanks To Suspended Sentence,

Ex-NFL players say painkiller suit isn't barred by federal labor law,'t-barred-by-federal-labor-law-

Ex-NFL Players Say Painkiller Suit Isn't Barred By Labor Law,

GOP Bill Would Make It Illegal For Sports Venues To Skip National Anthem,

Celtics' Enes Kanter torches Nike for remaining 'silent' on China's slave labor,

Nerlens Noel Lawsuit Rich Paul NBA Agent Certification Arbitration,

Riddell Beats Suit Over Ex-High School Footballer's Suicide,

Concussion complaints against NCAA continue to be filed in courts,

The Alabama law that would have required Nick Saban to retire at 70,

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Sports Gambling News for the Week Ending October 29th

By Bennett Liebman

New York Mobile Sports Betting Operators May Work With a 64% Tax Rate,

New York Getting Down to Brass Tacks of Selecting Online Sportsbook License Winners,

New York Mobile Betting Amended Bid Deadline: 3 Storylines To Watch,

The Week In Sports Betting News: Where Does New York Stand?,

CT Sports Betting Enjoys A New York Bump But For How Long?,

Newly regulated Connecticut drawing sports bettors from New York says GeoComply,

NY Sports Betting Deadline Nears, Lawmaker Wants All Bids Approved,

New York's sports betting disaster,

Gambling Ads Become the New Normal for American Sports,

The tech geeks who took on the bookies and made billions,

Big Players Place Big Bets on Sports Gambling in Illinois,

Illinois bill allowing in-state college sports betting heads to governor,

DraftKings Brings Back Sports Betting National Championship,

New Hampshire Releases Revenue Numbers, Sets State Record,

U.S. Department of Interior slams Fla. businesses suing over tribal sports betting compact,

Don't Bet On It: NJ College Betting Expansion Unlikely to Pass On Nov.,

Analysis: Can Fanatics Become A Top-Five Sportsbook Operator?,

Gannett's Bet On Sports Gambling Has Great Odds,

Sports betting ads will have live odds,

Opinion: How Blurred Are The Lines Between DFS And Sports Betting?,

Sports Betting: How Can Tech Help to Mitigate Risks?,

Casinos report winnings as Nevada tourists and events return,

What Stocks Benefit From Sports Gambling?,

Online sports betting, iCasino fully launches in Connecticut,

D.C. Sports Betting Sees Big September Jump: $20.7M Wagered, D.C. Sports Betting Sees Big September Jump: $20.7M Wagered (

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Theater News for the Week Ending October 29th

By Bennett Liebman

New York's $3 million tax credit aims to help restart Broadway,

Is Broadway Booming Or Bombing?,

Broadway shows filled 85% of all seats last week, League says,

As Broadway Returns, Shows Rethink and Restage Depictions of Race,

'Is This a Room,' 'Dana H.' to close on Broadway in November,

A massive new indoor-outdoor stage will overlook Times Square,

David Paymer reprises "Mr. Saturday Night" role in new musical adaptation at Barrington Stage,

Lortel Awards Move to Gender-Neutral Acting Categories,

Most Popular High School Plays and Musicals of 2020-21 Revealed!,

Donnelley Foundation survey shows arts organizations still hesitant to open,

COVID-19 side effect: In theater, harder to be party of one,

Hilary Mantel play to close amid Covid uncertainty,

Seeking respite, theater's glorious return to Chicago offered just the ticket,

How is UK Theatre Faring Since Reopening Post Pandemic?,

Bringing back WFH would be 'hammer blow' for theatres in London's West End,

Actor Chad Kimball Claims He Lost 'Come From Away' Job Over Religion,

Manhattan Theatre Club Announces New Commissioning Program,

Caroline, or Change reviews: Sharon D Clarke's 'titanic' performance,

Potempa: Chicago Shakespeare shakes up stage with Beatles' blend 'As You Like it',

Broadway's Biggest Licensing Company Could Be Put Up For Sale,

Broadway's 'Phantom of the Opera' plots a cautious return to the stage,

Peter Scolari, 'Newhart' and 'Girls' Actor, Is Dead at 66, Peter Scolari,

WAITING FOR GODOT in Yiddish to be Presented at the Royal Dramatic Theatre,

Mark Strong on acting, insecurity and life without a father,

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November 6, 2021

Sports Gambling News for November 5th

By Bennett Liebman

Decision on New York Online Sports Betting Licenses Has Been Made,

Winning Mobile NY Sportsbooks Will Be Selected Monday,

New York expected to name online sports betting operators this week,

New York To Reveal First Sports Betting Operators This Week,

Betting on sports in Florida just got as easy as ordering a pizza,

DraftKings (DKNG), FanDuel Fight to Crack Tribe's Sports-Bet Monopoly,

Connecticut Now #9 in Sports Betting,

The Odds on Flutter Don't Look Great,

Analyzing FanDuel Q3 Results In Five Take Aways,

Flutter lowers guidance after 'run of bad luck' in sports results,

DraftKings Posts Wider-Than-Expected Quarterly Loss. The Stock Slides,

DraftKings (DKNG) Shares Tumble After Sales Miss Wall Street Estimate,

Penn National Gaming Shares Plunge on Weak Profit Numbers,

Penn National Gaming stock sinks to 52-week low after negative Dave Portnoy article,

Takeaways From Illinois HB 3136, Covering Array Of Gambling Policies,

The Online Gambling Market is Thriving: What to Expect in the Future,

Fourth Time A Charm? Three California Tribes Plan Sports Betting Initiative,

A confusing array of sports betting measures,

FanDuel, DraftKings Bet On The Athletic,

Surprise NJ Vote Shows NCAA Betting Concerns May Linger,

Voters reject NJ ballot question on college sports betting,

Maryland sports betting panel leaves 5 casinos still waiting for approval,

Sports Wagering Inaction Could 'Kill' the Industry in Md., Hogan Warns,

Schuring: Ohio Sports Betting Delayed By Mobile,

Rhode Island Sports Betting Handle Sets State Record,

Whenever Massachusetts approves sports gambling, Encore's casino is ready,

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Theater News for the Week of November 5th

By Bennett Liebman

Broadway grosses fall $2.5 million during Halloween week,

Broadway attendance at less than 80% capacity,

Broadway is off to a shaky start, but reprieve for two acclaimed plays boosts spirit,

'Is This a Room,' 'Dana H.' extend past Broadway closing notice,

Mandy Greenfield Resigns From Helm of Williamstown Theatre Fest,

With Greenfield's exit, Gersten returns to Williamstown Theatre Festival - for now,

Williamstown Theater Festival director resigns after Times report,

Julianne Boyd to Retire After 27 Years at Barrington Stage,

Julianne Boyd, a driving force in the Berkshires and beyond, to step down at Barrington Stage,

Greg Kinnear to play Atticus Finch in 'To Kill a Mockingbird' on Broadway,

Laura Benanti blasts unsafe Broadway: 'I broke my neck',

Lin Manuel Miranda's Advice for Creating Anything,

Uzo Aduba Serves Up a Return to the New York Stage in Clyde's,

Alice Childress Finally Gets to Make 'Trouble' on Broadway,

What Can Still Be Seen by 'Twilight',

Audra McDonald to Star in 'Ohio State Murders' on Broadway,

S.F. theater director Bartlett Sher shifts 'My Fair Lady' from frothy romance to social critique,

CPS theater teacher suspended at Jones College Prep,CPS theater teacher suspended at Jones College Prep,

Steppenwolf Theatre's new $54 million campus,

Facing Our Failure: The Power of Acknowledging Racism Within the American theatre,

Purple Rose Theatre targeted by multiple complaints, litigation due to alleged hostile workplace environment,

Goodspeed to stage 'Cabaret', 'Anne of Green Gables' in return to musicals,

Musical to move after unrest at Old Vic over Terry Gilliam remarks,

The 'Jaws' Shoot Was a Drama. Now It's a Play.,

Playhouse Square president, CEO Gina Vernaci sets stage to retire in 2023,

COVID-19 briefly shuts down two Twin Cities musicals,

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Sports News for the Week of November 5th

By Bennett Liebman

Lawmakers Unveil Bill To Revamp 'Flawed' NCAA Due Process,

Congress Wants to Create Law That Changes How NCAA Investigates Member Schools,

NCAA Accountability Act Would Modify Infractions Process,

NLRB, Labor Laws and the Impact on NCAA Athletes,

Should PA ban Native American mascots in schools?,

Kofi Cockburn: Illinois center suspended 3 games over NIL timing issue,

NCAA Suspends Top Star Kofi Cockburn For Now-Legal Infraction,

Why impact of NCAA ruling on Oklahoma State basketball could be significant,

Court upholds Title IX settlement appeal as 'compromise', http://

U.S. Appeals Court upholds ruling that St. Cloud State violated Title IX,

Jon Gruden Emails NFL Washington Football Team Investigation Congress,

NFL faces House Oversight committee deadline on Washington Football Team probe,

House Oversight keeps focus on NFL's Washington Football Team probe,

NFL's Legal Woes Mount With St. Louis Lawsuit, WFT Investigation,

Stan Kroenke, NFL Owners Battle over Rams Indemnification Agreement,

The NFL's battle of St. Louis,

Aaron Rodgers, NFL COVID-19 rules and what the Packers quarterback can expect next,

Minor leaguers cite Steve Cohen tweet in class action bid to force MLB to produce back pay,

How the NFL has handled players accused of DUI resulting in death,

Henry Ruggs' $150k bail explained as former Raiders star appears in court,

Can the NHL be saved from its toxic culture?,

Michael Houston: Serbia shutout shows where politics should stay out of sport,

Almighty at FIFA and joyful IOC member for years, Joseph Blatter's slow decline at 85 years old,

Blatter and Platini indicted in Switzerland,

Transgender teen sues Tennessee over school sports ban,

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November 12, 2021

Sports Gambling News for Week Ending November 12th

By Bennett Liebman

New Yorkers' Long Wait for Sports Betting by Phone Is Nearly Over,

DraftKings, Caesars among 9 approved sports-betting operators in New York,

New York Sports Betting Licenses Going to FanDuel, Caesars, 7 others,

Jay-Z's Sports Betting Company Suffers Loss Amid Partner David Portnoy's Scandal,

Gaming revenues reach new highs nationally as New York nears mobile sports betting,

Feds Defend Fla.-Seminole Mobile Sports Betting Compact,

Florida Sports Betting Update: Feds Say Compact Meets IGRA,

Users express issues with Seminole Tribe sports betting app,

Florida sports betting agreement comes under court scrutiny,

New York Knicks and Rangers get BetMGM partnership,

Disney CEO Says Sports Gambling Won't Hurt Brand Reputation,

Disney Is 'Aggressively' Pursuing Opportunities In Sports Betting,

How Large Is the Sports Gambling Industry in America?, H

Here's Why DraftKings Spent Almost Half a Billion Dollars to Acquire Users,

DraftKings Posts Wider-Than-Expected Quarterly Loss,

DraftKings Third Quarter Earnings Trail Revenue Estimate, Beat EPS,

Chairman of the Connecticut Lottery discusses how sports betting is going,

New partnership to bring sports betting to local casinos,

Rush Street Gaming Founder Works to Stop Sports Betting in Chicago,

Illinois Sees 49% Better Sports Betting Handle in September,

Sports betting at Chicago stadiums sparks debate,

U.S. September Sports Betting Handle Clears $5B As Illinois Adds $596M,

Week In Sports Betting: FL Launch, NY Whispers, CA Ballots, More,

Maryland Sports Betting May Not Start Until Early 2022,

Maryland Sports Betting 'Likely' Pushed Back to New Year,

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