Sports, Arts, Media & Entertainment
Overview
Locke Lord’s Sports, Arts, Media & Entertainment practice is an innovative multidisciplinary group that represents parties in various facets of the entertainment and sporting world. Our attorneys represent sports franchises in negotiating new stadium developments and arena transactions with state, county and local government agencies. We also represent professional athletes and other sports industry clients with their business and corporate interests.
Locke Lord attorneys have negotiated and completed mergers and acquisitions of sports franchises and also have experience in sports stadium development, naming rights and sponsorship agreements. Additionally, we are well versed in acquiring, selling and licensing of media properties and assets, including television stations, newspapers and radio stations.
Our practice collaborates with other Locke Lord attorneys to provide a broad base of knowledge in many fields, including corporate and tax law, real estate, construction, environmental, public law, insurance, labor and employment, intellectual property, antitrust and many others.
Specific representative experience includes:
- Construction of state-of-the-art facilities
- Negotiation of naming rights
- Lease negotiations
- Commercial and residential land condemnation
- Relocation of residences and businesses
- Demolition of old structures
- Athlete-Agent regulatory compliance
- Protection of an entertainer’s intellectual property
Sports Stadium Development Projects
Our nationally renowned practice represents municipalities as well as sports franchises in negotiating new stadium developments and arena transactions. Through our multi-disciplinary practice group, we address the real estate, finance, construction and public law issues facing those embarking on a prospective public stadium transaction. We have worked with parties building the largest and most modern stadiums in the United States by providing superior depth and breadth of service in all stadium developments.
The group’s extensive experience has proven particularly valuable in collateral development opportunities associated with new stadiums. In addition to providing clients with access to attorneys in the transactional real estate, governmental affairs and the construction fields, we are able to guide clients through the complex and sophisticated area of stadium and arena financing transactions. Our attorneys have been involved in many of the sector's most complicated project-based financings, including project financings, acquisition financings, leveraged and synthetic leasing transactions, public debt financings and restructurings.
- Represent private investor seeking to build 18,000-seat professional basketball and hockey arena in Seattle.
- Miller Park (Milwaukee Brewers) - Represented and retained by the State of Wisconsin to represent the State, Milwaukee County and the City of Milwaukee in their negotiation of a deal with the MLB’s Milwaukee Brewers for a $325 million, retractable roof, natural turf, baseball-only facility. Attorneys negotiated a comprehensive lease and financing and construction documents for the Brewers' transaction, on behalf of the Wisconsin Secretary of State.
- Great American Ball Park (Cincinnati Reds)/ Paul Brown Stadium (Cincinnati Bengals) - Represented Hamilton County to assist in negotiating the terms of new and/or renovated facilities for both MLB’s Cincinnati Reds and NFL’s Cincinnati Bengals. On March 19, 1996, the citizens of Hamilton County approved a 1/2¢ sales tax increase that would provide in excess of $700 million in funding for the development of these stadiums. On September 11, 1996, Hamilton County reached a Memorandum of Understanding (MOU) with the Cincinnati Bengals, defining the terms and conditions on which both parties would proceed with the development of a state-of-the-art football only stadium for the Bengals. The MOU formed the basis of an aggressive marketing campaign that the county and the Bengals orchestrated to pre-sell the premium products, such as skyboxes, club seats and PSLs in their new home. In June 1997, the county and the Bengals entered into a 26-year lease for the new facility. The open-air stadium, containing approximately 1.8 million square feet of space, with a natural grass playing field, 66,500 seats, including 7,600 club seats and 108 luxury boxes, opened in September 2000. On July 9, 1998, Hamilton County executed a MOU with the Cincinnati Reds for the construction of a new baseball facility. The facility, called the Great American Ballpark, is situated in downtown Cincinnati, Ohio, along the Ohio River and opened for the 2003 baseball season with 45,000 seats, including 3,000 club seats and 51 luxury boxes.
- Meadowlands Sports Complex (New York Giants, New York Jets, New Jersey Nets) - Represented The Mills Corporation, the master developer of a mixed use project located within the Meadowlands Sports Complex. The sports complex is home to the NFL’s New York Giants and the NFL’s New York Jets, as well as the Meadowlands Racetrack and the Continental Airlines Arena, the latter of which is used by the NBA. The mixed use project includes approximately 2.7 million square feet of entertainment and retail uses, over 800,000 square feet of office use, a hotel, a stadium for minor league baseball and various infrastructure improvements. As part of the representation, we addressed coordination issues arising from continuous operation of the sports complex as a major sports venue while construction of the mixed use project was ongoing.
- A New Ballpark (San Francisco Giants) – As a political appointee, chaired the San Francisco Ballpark Advisory Committee, which played a key role in the City of San Francisco’s effort to resist the 1992 proposed sale and relocation of the San Francisco Giants. Led a team tasked by the Mayor of San Francisco to prepare the City’s main lobbying documents opposing the sale and relocation of the Giants. As a direct result of this work, the City’s key lobbying document, titled A New Ballpark for San Francisco, was presented by the City to the MLB owners in opposition to the sale. The owners rejected the sale, and the stadium concept envisioned in A New Ballpark for San Francisco was eventually built.
- Nationals Park (Washington Nationals) - Represented, as special counsel, the City Council of the District of Columbia in connection with the approval of legislation authorizing the development of a new baseball stadium in the District for use by the MLB’s Washington Nationals.
- Represented Sun Life Insurance, a Toronto-based full-spectrum insurance, mutual fund and wealth management services provider in negotiating a Stadium Naming Rights and Sponsorship Agreement and obtaining NFL approval thereof, pursuant to which Miami Dolphins Stadium was renamed Sun Life Stadium and re-branded in time for the January NFL Pro Bowl and February Super Bowl played at the stadium. The facility is also the home venue for the Florida Marlins, University of Miami Hurricanes and the NCAA BCS Orange Bowl.
- Retained by Angels Baseball, L.P. to serve as an expert witness in sports facilities leasing and negotiations in its dispute with the City of Anaheim, California.
- Represented Ryan Sanders Baseball in purchasing the Jackson Generals (Jackson, Mississippi) for the purpose of relocating the team to Round Rock, Texas, to be the Houston Astros’ double A minor league affiliate.
- Represented Ryan Sanders Baseball in negotiation of stadium lease for the Round Rock Express and in structuring and developing suite and seat license agreements, operation and maintenance agreements and concession agreements.
- Represented Ryan Sanders Baseball in purchasing the Edmonton Trappers (Edmonton, Alberta) for the purpose of relocating same to Round Rock, Texas, to be the Houston Astros’ triple A minor league affiliate.
- Represented Ryan Sanders Baseball in negotiation of a stadium lease in Corpus Christi, Texas, for the Corpus Christi Hooks, as the renamed double A minor league affiliate of the Houston Astros.
- Represented the Houston Astros Baseball Club in drafting and lobbying passage of legislation creating a Sports Authority and authorizing the levying of taxes on car rentals and hotel rooms to fund the construction of a new retractable roof baseball stadium in Houston, Texas. Thereafter, participated in the negotiation of the development, construction and financing documents with the Sports Authority and obtained City and County approval of the deal.
Sports Stadium Naming Rights And Sponsorship Agreements
- Represented Gulf States Toyota in negotiating the Naming Rights Agreement for Toyota Center, home of the Houston Rockets.
- Represented Enron in negotiating the Naming Rights Agreement for Enron Field, now known as Minute Maid Park, home of the Houston Astros.
- Represented Dynegy in negotiating proposed Naming Rights Agreement for the Houston Texans’ stadium, now known as Reliant Stadium.
- Represented Ryan Sanders Baseball in negotiating the Naming Rights Agreement for Dell Diamond, home of the Round Rock Express, the Houston Astros’ triple A minor league affiliate.
- Represented Ryan Sanders Baseball in negotiating the Naming Rights Agreement for Whataburger Field, home of the Corpus Christi Hooks, the Houston Astros’ double A minor league affiliate.
- Represented Ryan Sanders Baseball and the Corpus Christi Hooks in negotiating a long term signage and sponsorship agreement with CITGO at Whataburger Field.
- Represented Toyota Motor Sales USA in negotiating the Naming Rights Agreement for Toyota Park, home of the Chicago Fire MLS franchise.
- Represented Amigo Energy in negotiating a Jersey Naming Rights Agreement with the Houston Dynamo MLS franchise.
Other Sports Industry Experience
- Represented the Houston Golf Association (promoter of the Shell Houston Open PGA Tour stop) in negotiation of a tri-party title sponsor agreement between the HGA, Shell and the PGA Tour.
- Represented national real estate client in the sale of an ownership interest in the New Orleans Saints.
- Represented the Houston Astros when they modified Minute Maid Park in a way that affected the accessibility for the disabled for regular events, special events (All-Star Game, World Series) and other events neighboring the stadium.
- Represented Major League Baseball teams throughout the salary arbitration process by conducting detailed statistical research to provide pre-tender date salary assessments for arbitration-eligible players, to identify and evaluate comparable players, and to craft the strategy and initial outlines for the clubs' arbitration presentations.
Athlete Representation
Like the athletes, agents and managers we represent, Locke Lord attorneys have years of training and conditioning to work in the sports business arena. We have decades of experience and cover all the business bases that a professional player or an individual sports agent may face on and off the field (or in court). We have practical experience in all major sports and a thorough knowledge of the rules and laws governing these sports.
Our sports clients know they can count on us from one season to the next -- and between seasons. Locke Lord attorneys help negotiate player contracts and marketing contracts and also help develop and launch business opportunities that provide financial rewards to athletes long after their playing days are over. We represent athletes and other sports industry clients with their business and corporate interests. Our sports attorneys collaborate with other firm attorneys to provide a broad base of knowledge in many fields, including corporate and tax law, real estate, insurance, intellectual property and many others.
When it comes to disputes and litigation, Locke Lord has a stellar group capable of handling everything from high profile courtroom trials to low key dispute resolutions. Our counseling is discrete and our advice sound. With our experience and advice, players, agents and managers can focus on the game while we take care of the outside business with skill, speed and solid know-how.
- Representing professional basketball player in litigation in Michigan state court and arbitration before the National Basketball Players Association arising out of purported breaches of the parties’ Standard Player Agent Contract.
- Representing prominent NFL contract advisor in multiple disciplinary appeals before the National Football Players Association, Committee on Agent Regulation.
- Represented well-known professional football agency in numerous commission disputes with former clients.
- Represented well-known professional basketball agent in a commission dispute with former professional basketball client.
- Represented Houston Rockets player in claims for breach of contract, breach of fiduciary duty and professional negligence against his former agent before the National Basketball Players Association.
- Represented well-known sports agent in commission dispute with former NBA coach client.
- Defended Detroit Pistons player in arbitration proceedings brought by former agent before the National Basketball Players Association. Matter settled on eve of arbitration.
- Represented professional basketball franchise in lawsuit against former head coach for breach of contract and fraud. Case settled on eve of trial.
- Represented former NFL assistant coach in appeal of his termination under the NFL Conduct Policy.
- Represented professional baseball franchise in variety of matters, including arbitration with cable sports provider, dispute with the local municipality and potential claims arising out of the purchase of the franchise from a media conglomerate.
Athlete-Agent Regulatory Compliance
Today’s professional sports agent faces a litany of legal, regulatory, litigation and other practical risks involved with the recruitment of student and professional athletes and the ultimate negotiation of their professional sports contracts and/or endorsement contracts. Simply being certified by the professional sports players associations is no longer the only requirement to perform agent services for student and professional athletes. The business of professional sports agents also is governed by federal laws, numerous and often differing state laws and, with respect to student-athletes only, the NCAA. Failure to fully comply with the federal and state registration requirements and recruiting policies, as well as ongoing reporting and disclosure requirements, subjects an agent to criminal and civil penalties, invalidation of athlete-agent contract(s) and, most importantly, de-certification by the respective major sports players associations.
Locke Lord has helped a number of professional sports management firms and individual agents design, implement and maintain comprehensive compliance procedures to satisfy the numerous and often overlapping regulations at the federal, state, union and collegiate levels. Our services include preparing and filing appropriate registration and certification paperwork with federal and state regulatory bodies, maintaining insurance and bonding requirements, preparing and submitting the yearly disclosures to the state and union authorities and counseling on the state-specific required disclosures to be made to an agent’s prospective clients (i.e., student and professional athletes), educational institutions and the professional and amateur sports governing bodies. Utilizing Locke Lord’s experience, our clients are able to confidently conduct their business knowing they are in full compliance with regulations at the federal, state, union and collegiate levels.
We strive to know our clients' short-term and long-term business goals and work on winning strategies to meet those goals. Sports clients come to Locke Lord for advice on recruiting and negotiating. They sometimes need general business advice or help to understand and meet state and national sports industry regulations. We help individual agents and sports management firms comply with these sometimes overlapping regulations and we are skilled at registration and certification, insurance and bonding requirements and annual disclosures.
Intellectual Property - Trademark, Copyright & Advertising
Public perception is often an entertainer or athlete’s most valuable asset and Locke Lord has an experienced team of attorneys whose specific focus is to help develop and protect the messaging images, brands and advertising utilized by people in the sports or entertainment industries.
We represent our clients before several administrative, judicial and self-regulatory bodies which include:
- National Advertising Division
- Children’s Advertising Review Unit
- U.S. Copyright Office
- U.S. Patent and Trademark Office (USPTO)
- Trademark Trial and Appeal Board of the USPTO
Locke Lord attorneys are frequent contributors to industry publications and offer client alerts and CLE presentations on emerging issues in the field of trademarks, copyrights and advertising. Our attorneys are active members of and hold positions in prominent industry organizations, including:
- Actors Equity Association
- American Federation of Television & Radio Artists
- Screen Actors Guild
- Sports Lawyers Association
In the realm of intellectual property, Locke Lord has successfully handled numerous cases for media and telecommunications clients:
- Represented one of the nation’s top football trainers in an intellectual property dispute pertaining to the use of image and likeness.
- Represented writer and actor in Spike Lee film in dispute with production company concerning joint authorship rights in screenplay.
- Represented a producer in a dispute with other LLC members regarding various contract and intellectual property ownership issues.
- Represented a fitness expert in a patent dispute.
- Represented the owner of a celebrity dog in a contract dispute.
- Negotiated database, licensing and other arrangements to assist a major newspaper with its online presentation.
- Negotiated purchases of domain names for use in the newspaper industry.
- Represented a major newspaper in trademark registration and dispute matters.
- Represented a major financial website service owner in providing hosting and private label content services to a major television broadcasting network.
- Issued a patent infringement opinion on a digital videoconferencing system.
- Filed and prosecuted trademarks for several telecommunications service providers.
- Prepared and prosecuted patent applications for major manufacturers of telecommunications equipment and software developers.
- Prepared software license agreements for Internet service providers.
Celebrity Rights Protection
We represent celebrities and sports figures, their estates and licensing agents to secure trademark rights in their names, likenesses, signatures, numbers and unique gestures. We prosecute and defend right of publicity actions in the state and federal courts. We also assist with compliance with the statutes of various states for registration of deceased person license rights. Finally, we draft license agreements and commercial agreements for use of the names, likenesses, signatures, numbers and unique gestures of celebrities and sports figures.
Other Media Transactions
- Represented multi-platinum recording artist in claims brought against his former record label for breach of contract and fraud. Case settled following full-day mediation.
- Defended prominent Atlanta radio personalities against claims for copyright infringement and defamation arising from their highly-rated morning show. Matter settled within three months of complaint being filed and after motion to dismiss, with no monetary payment by clients.
- Represented multi-platinum recording artist's record label in proceedings before the Trademark Trial and Appeal Board relating to the registration of the label’s moniker.
- Part of team that represented a cooperative of rural electric and telecommunications providers throughout the country in numerous federal lawsuits, including a class action, brought against prominent distributor of direct broadcast satellite television services for breach of agreements relating to distribution of premium satellite television services. Cases settled after nearly four years of complex litigation in various venues.
- Represented a major energy company in its analysis of its strategic options for utilizing its pipeline easements to build a fiber optic cable system.
- Represent manufacturers of telecommunications equipment and wireless cable providers in citations issued by OSHA.
- Monitored and participated in Public Utility Commission proceedings affecting the wireless industry.
- Reviewed the terms of media sweepstakes contests to ensure compliance with lottery laws.
- Prepared an agreement with a publisher for newspaper compilation and publication of a series of articles.
- Handled prepublication reviews, various subpoenas and related hearings requesting testimony from reporters.
Entertainment Corporate and Securities Experience
Company growth in the quick-changing multimedia industry demands innovative and reliable strategies for corporate and financial decisions. Locke Lord’s Sports, Arts, Media & Entertainment attorneys routinely handle the structuring and formation of business entities for a myriad of ventures. We understand the tax aspects, control issues and risk management involved in these transactions and counsel on numerous public and private debt and equity offerings for media and telecom companies, including Initial Public Offerings (IPO) and venture capital investments.
Our attorneys prepare and negotiate network services, interconnection, billing and collection, factoring, advertising, equipment, tower, office and studio leases, vendor, software, consulting, sales representative and employment agreements and confidentiality, non-disclosure and non-competition agreements.
We advised one of the first major operators of private satellite television networks on network, subscription and installation agreements, satellite uplinking and microwave transmission agreements, satellite transponder and space segment leases.
For media clients, we have handled financial and technology matters, environmental issues, legislative initiatives, employee benefits and disputes, real estate and collection matters. From handling an IPO for a national Internet access company to drafting and negotiating contracts to buy newspaper printing presses and television studio equipment, our corporate and securities and financial successes for sports, arts, media and entertainment clients are extensive.
Representative matters include:
- $330 million dollar acquisition of four television stations in Oregon, Hawaii and Kansas.
- $500 million syndicated debt credit facility for television station group.
- Corporate counsel to New Vision Group, LLC, multiple station owner.
- $50 million purchase of television stations in Ohio.
- $40 million purchase of television stations in Georgia.
- $35 million purchase of television stations in Alabama and Iowa.
- $125 million private equity financing for television station group.
- $75 million credit facility for television station group.
- Sale of television station in Southern California for $70 million.
- Sale of television stations in Indiana and Minnesota to public company for $57 million.
- Sale of television stations in Texas and New Mexico for $20 million.
- Purchase of radio station group in Long Island, NY, for $13 million.
- $6 million credit facility for radio station group.
- $10 million acquisition of private international software company by public software company.
- Purchase of television station in Ft. Wayne, IN, for $20.5 million.
- Purchase of television station in Santa Barbara, CA, for $39.5 million.
- Purchase of television station in Amarillo, TX, for $18 million.
- Acquisitions and sales of media assets, including television stations, newspapers and radio stations.
- Public debt and equity transactions for a leading media company.
- Multi-round financings with venture capital investors for a telecommunications digital switching company.
- Site acquisition, tower leasing, and facility construction transactions for leading wireless companies.
- Secured credit facilities with institutional lenders for telecommunications clients to finance television station construction and operation.
- Negotiated an advertising trade agreement in which newspaper advertising space is bartered for airtime on radio stations.
- Represented a large cable television company in issues relating to its formation, including tax-structuring, contracting, litigation, acquisitions and other matters.
- General contract drafting and negotiation in many commercial areas for television, newspaper and radio companies.
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