Nova Southeastern University Sports & Entertainment Law Symposium

“Staying ahead of legal issues arising in the new digital age”

Second Annual
Nova Southeastern University
Sports and Entertainment Law Symposium
Shepard Broad Law Center – Davie, Florida
Co-Sponsored by the Florida Bar
Entertainment, Arts and Sports Law Section

Saturday, March 28, 2009

For more information. . . . Saturday, March 28, 2009


8:30 – 9:15


9:15 – 9:30

Opening Remarks

9:30 – 11:00

Panel One – Intellectual Property

9:30- 10:15

The Fantasy of an Athlete’s  Publicity Rights

In the 2007 case CBC v. Major League Baseball, the court ruled that MLB does not own the names and statistics of its players as intellectual property.  They found that the names and statistics are factual information, not subject to copyright.  As a result, fantasy sports websites could now freely use those statistics in its operations without paying a licensing fee.  This panel will discuss the new implications brought about by this court ruling, focusing specifically on the new CBS Fantasy College Football and Basketball websites formed in response to this decision.  The CBC case only discussed their ruling in reference to professional athlete’s names and statistics, yet CBS Sports used this case to justify using amateur college athletes in their new fantasy games.  This panel will also focus on whether their actions are a violation of an amateur athlete’s right of publicity; whether the CBC case standards should be different for amateur athletes; and whether this is a violation of the NCAA amateurism rules.

10:15 – 11:00

Litigating a Right of Publicity Case

This panel will discuss the relevant legal precedent used when litigating a right of publicity case in the state of Florida. It will also include a discussion on the different strategies used and defenses to expect when working on right of publicity cases as well as ways to protect your client’s name and likeness.


Kimberly D. Kolback, Esq., Attorney at Law


John Bradley, Esq., Law Offices of John F. Bradley

David Friedland, Esq., Lott & Friedland

Sarah Talalay, Sports Business Reporter, SunSentinel

Carl D. Berry, Esq., Berry, Clark & Wildman

Michael Santucci, Esq., Santucci, Priore & Long

Kelly Perdew, CEO of sports fantasy website and former “Apprentice” winner

11:00 – 11:15


11:15 – 12:30

Panel Two – Ethics – “Whole Wired World”

Advantages and Pitfalls for Attorneys and Their Clients with Utilizing the Press and Social Networking Sites

11:15 – 11:45

Facebook, Twitter, Blogs…Oh My!!!

When is it okay for attorneys to blog about their work?  What ethical issues should an attorney consider when deciding whether to start such a blog?  What should an attorney consider when advising a client, possibly one who is a public figure, on using blogs or social networking sites and what are some of the possible pitfalls involved in running using these sites?  This panel will also include ethical ways to avoid any legal issues while maintaining the blog’s integrity.

11:45 – 12:30

The Press

Agents tend to walk a fine line between promoting their client’s interest in the media and violating multiple ethical rules.  This portion of the panel will discuss ways to maintain a strong relationship with members of the media and use those relationships to benefit your client  while staying within the Rules of Professional Conduct.


Jason Weiss, Esq., Arnstein & Lehr


Alan K Fertel, Esq., Pathman Lewis

Adam B. Swickle, Esq., Swickle & Swickle

Glenn Schwartzman, Esq., Alliance Sports Mgmt.

Jemele Hill, writer

Jeff Darlington, Miami Herald, Dolphins Writer

Maria Elles Scott, Scott Sports Management, President; Adjunct Faculty, University of Miami

12:30 – 2:00


Keynote Address and Excellence in Sports & Entertainment Award Recipient

Donald Fehr, Executive Director of Major League Baseball Players Association

2:00 – 2:15


2:15 – 3:45

Panel Three – New Business Models for Music Industry

2:15 – 3:00

The Current State of the Music Industry

This panel will start with an overview of the current state of the music industry including hot issues, trends and recent legislation.  It will then move into a discussion on the best ways to advise your entertainment clients on how to be successful in the current music industry and the ethical issues relating to these questions.

3:00 – 3:45

Can Video Games Save the Music Industry?

This panel will be an in depth discussion on all of the new revenue streams created by video games like “Rockband” and “Guitar Hero” and ways to make sure your client gets the most out of them.  It will also include an in-depth discussion on the licensing and other intellectual property issues involved in creating these games.


Richard C Wolfe, Esq., Attorney at Law


Marc Stollman, Esq., Live Nation Artists

Frank Castoro, Esq., Santucci, Priore & Long

Ivan J. Parron, Esq., Parron & Associates

Giti Khalsa, Smith and Barney Financial Advisor and former drummer of Seven Mary Three

3:45 – 4:00

Closing Remarks

2 Responses to “Nova Southeastern University Sports & Entertainment Law Symposium”
  1. Jesse says:

    Thanks for the post! I look forward to meeting you all on the 28th!!!

  2. Good summary, this is very similar to a site that I have. Please check it out sometime and feel free to leave me a comenet on it and tell me what you think. I’m always looking for feedback.

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