Sportsnet: Two companies proposed to buy the NHL in yesterday's meeting

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Jarqui

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Jul 8, 2003
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This is an interesting connection in all of this:

Proskauer Rose Sports Legal Firm

Bettman & Stern are past alumni


- serves as counsel on a broad variety of matters to the National Basketball Association, Major League Baseball, the National Hockey League, the ATP Tour, the WNBA, Major League Soccer and the National Basketball Development League.
- Proskauer has handled litigations and antitrust proceedings involving virtually every significant issue affecting the sports industry, including: (I've edited out a bunch to get to those related to this thread)
I. Litigation
- control of franchise relocation by the member teams of a league
- whether sports leagues should be treated as single entities under the antitrust laws, including the litigation involving Major League Soccer
- whether a sports league violated the anti-monopoly provisions of the antitrust laws, including the three-month jury trial involving Major League Soccer

II. Labor and Employment
Proskauer also has advised and litigated on behalf of its league and team clients with respect to a wide variety of collective bargaining and employment law matters, including:

- NBA, NHL, WNBA

- litigations and arbitrations relating to collective bargaining negotiations and the collective bargaining process, including disputes over the scope of the "labor exemption" from the antitrust laws (Robertson v. NBA, NBA v. Williams) and the right of teams to withhold the payment of player salaries during a lockout

- the development of the salary cap for the NBA and proceedings involving disputes over the operation of the revenue-sharing/salary cap system (including disputes over the rights of players to share in the revenues from naming rights, pouring rights and luxury suites)

-proceedings before the National Labor Relations Board, on behalf of the NBA, WNBA, NHL and American and National Leagues, involving representation hearings, elections and unfair labor practice charges

-representation of NBA Entertainment, NBA Properties, and NHL Enterprises in a variety of labor and employment matters

III. Corporate and Transactional
Proskauer's transactional sports practice has involved numerous matters for both its league and team clients, including:

-the formation and structuring of new leagues, and the preparation of governing documents for sports leagues and team ownership groups

-the representation of leagues in connection with ownership transfers and financings and other corporate matters

-NHL expansions in Nashville, Atlanta, Columbus and Minnesota

-the formation and structuring of the WNBA and other new leagues, such as the National Basketball Development League and the XFL


So these guys were involved in the WNBA formation and MLS single corporation antitrust case among others.

I guess that it is to be expected that the NHL would have decent sports legal council but these guys seem to be pretty darn deep in this antitrust league formation area. You'd certainly have to have some respect for the legal advice these guys would have to offer on this subject given their experiences.
 
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