The Mike Meltser Podcast on Sports and Law

This episode is about Washington's NFL team, which recently announced that it is retiring its long-time nickname. Reports indicate that the announcement of a new name will not be announced because of trademark issues. This episode explores the trademark issues Washington is facing right now. 

Mike's guest is Yocel Alonso, who practices entertainment law at Alonso PLLC. He is an adjunct professor of law at the University of Houston Law Center and has litigated trademark issues over the course of his career. Yocel's firm can be located here. 

(4:10) What is a trademark?

(4:52) What kind of benefits do you have when you own a trademark? 

(6:03) How does a trademark owner protect the use of the mark? 

(7:46) How does somebody get a trademark?

(12:21) There are two parties who are claiming an interest in the trademark "Washington Red Tails." Yocel explains which party has the upper hand. 

(15:15) How does a possible owner of a trademark show that he has been "using" the trademark? 

(17:07) If Washington wants to get the nickname "Red Tails," what should they do? 

The Mike Meltser Podcast is brought to you by Alamo Remedy CBD.

Website: Alamo Remedy CBD

Promo code: MIKEM

Music Credit: 

Slow Burn by Kevin MacLeod

Link: https://incompetech.filmmusic.io/song/4372-slow-burn

License: http://creativecommons.org/licenses/by/4.0/

This episode is about former XFL Commissioner Oliver Luck's lawsuit against WWE CEO and Chairman Vince McMahon. 

Mike's guest is Jason Cruz, an attorney who practices in Seattle, writes for MMA Payout, and has written about the Luck v. McMahon lawsuit. Jason's firm can be located here.

(2:55) Background on McMahon's decision to hire Luck as the commissioner of the rebranded XFL.

(5:15) Why the XFL fired Luck "for cause" immediately before filing for bankruptcy.

(6:06) Why Luck is suing McMahon personally, and not the XFL (Alpha Entertainment) as a business entity.

(9:03) Why is this a fight that McMahon wants? 

(9:49) Jason explains what a personal guarantee is. 

(11:28) Mike and Jason discuss the four arguments that McMahon has made in claiming that Luck was properly terminated "for cause."

(19:53) What exactly is an "indispensable party" to a lawsuit, and is Alpha Entertainment an indispensable party here?

(22:25) Jason explains how Alpha Entertainment's bankruptcy affects the Luck v. McMahon lawsuit.

(24:32) How much is Luck's case hurt by the federal judge staying his case as Alpha Entertainment's bankruptcy plays out first? 

(26:21) What is Jason's prediction for the resolution of this case? 

The Mike Meltser Podcast is brought to you by Alamo Remedy CBD.

Website: Alamo Remedy CBD

Promo code: MIKEM

Music Credit: 

Slow Burn by Kevin MacLeod

Link: https://incompetech.filmmusic.io/song/4372-slow-burn

License: http://creativecommons.org/licenses/by/4.0/

This episode takes a look back at the negotiation between Major League Baseball (the owners) and the Major League Baseball Player's Association (the players) to start the 2020 season.

Mike's guest is Eugene Freedman, special counsel to the President of the National Air Traffic Controllers Association and experienced labor lawyer. You can read Freedman's analysis about the MLB labor negotiation at FanGraphs. 

(4:11) Why was there a massive fight over the players receiving fully prorated salaries?

(5:23) What did the March Agreement say about prorated pay for the players?   

(8:55) Why the failure of this negotiation could lead the MLBPA to file a grievance.

(9:47) What is a grievance?

(11:26) MLB Commissioner Rob Manfred made a few strange comments on The Dan Patrick Show about the 60-game schedule.

(12:25) Does Freedman believe Manfred gave the MLBPA more ammunition in a possible grievance?

(15:31) What Manfred did to help the owners defend a grievance.

(18:15) How much is a grievance worth for the MLBPA?    

The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. 

Website: http://www.alamoremedy.com/

Promo code: MIKEM

Music Credit: 

Slow Burn by Kevin MacLeod

Link: https://incompetech.filmmusic.io/song/4372-slow-burn

License: http://creativecommons.org/licenses/by/4.0/

This episode is unlike any so far on The Mike Meltser Podcast. Mike focuses on the doctrine of qualified immunity for police officers, which has become a major topic over the last month in the United States. 

Mike's guest is Erika McDonald, recent University of Houston Law Center graduate and Law Clerk at the Kallinen Law Firm. 

(5:35) What does qualified immunity for police officers actually mean? 

(6:50) Why juries aren't hearing many of these types of cases.

(11:40) Why has the interpretation of the original intent of the law implicating qualified immunity changed so much? 

(16:30) Erika explains why the burden on plaintiffs has been made so difficulty in modern times.

(26:00) Why wouldn't plaintiffs just sue police departments and cities, as opposed to individual police officers?

(28:13) Is it easier or harder to successfully sue a police department? 

(30:40) What would happen in qualified immunity for police officers was simply abolished? 

(38:08) What is an ideal solution to fix this area of the law? 

The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. 

Website: http://www.alamoremedy.com/

Promo code: MIKEM

Music Credit: 

Slow Burn by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4372-slow-burn
License: http://creativecommons.org/licenses/by/4.0/

This episode is about the impact of employment laws on the NBA's decisions about older head coaches if (and when) the league resumes play in Orlando. There has been some discussion over the last few weeks about the NBA possibly banning coaches like Mike D'Antonio and Gregg Popovich from the bench, based on the way COVID-19 has impacted older populations.

Mike discusses the two main employment laws the NBA needs to think about: the ADEA (age discrimination), and the ADA (disability discrimination). 

The guest for this episode is Philip Berkowitz, a Shareholder at Littler Mendelson, a national employment defense firm. 

(3:20) Berkowitz explains why the NBA can look back to an international battery company for guidance

(4:39) What would Berkowitz do if he was the NBA's General Counsel?

(5:30) Is it a good idea for the NBA to make older head coaches wear masks?

(6:33) Mike explains why recent EEOC guidance makes it extremely difficult for the NBA to exclude any individual employee.

(9:35) Why shouldn't the NBA just make every worker sign a waiver?

The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. 

Website: http://www.alamoremedy.com/

Promo code: MIKEM

Music Credit: 

Slow Burn by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4372-slow-burn
License: http://creativecommons.org/licenses/by/4.0/

This episode is about how professional and college sports in America will return in the middle of the COVID-19 pandemic. Mike's guest is Zachary Binney, an epidemiologist at the Oxford College at Emory University in Atlanta.

(3:45) Why is everyone worried about a "second wave" of COVID-19?

(5:39) Does Zach like the NBA's "bubble" plan in Orlando?

(7:31) How critical is daily testing for COVID-19?

(13:16) How many positive tests would force the need for a shutdown?

(21:56) Zach's early impressions on the NFL's health and safety protocols for 2020.

(25:42) Why Zach doesn't think fans in stands makes any sense right now.

(29:30) What's the latest update on a possible vaccine for COVID-19?

Music Credit:

Slow Burn by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4372-slow-burn
License: http://creativecommons.org/licenses/by/4.0/ 

This episode of the podcast is about the litigation involving NBA star Zion Williamson. Is Zion facing any liability to his former marketing agent, Gina Ford? 

(0:50) How Zion's legal troubles with Ford began.

(3:11) Where does the North Carolina Uniform Athlete Agents Act come in?

(5:18) How Ford's attorneys brought up salacious allegations against Zion in the discovery process. 

(7:13) Mike explains the goals of Gina Ford's lawyers. 

(9:29) Why the latest developments in this litigation could make Zion liable to pay Ford millions of dollars.

(11:56) Could Coach K factor into the lawsuit? 

(12:45) What Zion's biggest concern should be.  

Music Credit:

Slow Burn by Kevin MacLeod
Link: https://incompetech.filmmusic.io/song/4372-slow-burn
License: http://creativecommons.org/licenses/by/4.0/ 

This episode of the podcast focuses on the NCAA's announcement last week that the Board of Governors has adopted guidelines for college athletes to make money off of their name, image, and likeness. Soon, these athletes will be able to do endorsement deals and earn possibly significant revenue from third party companies. 

Mike's guest for this episode is John Long, Of Counsel at Jackson Lewis and an expert in NCAA infractions. 

(1:18) Mike gives the background on how we got here, and how different states ultimately forced the NCAA's hand.

(9:54) How exactly will college athletes be able to make money from their name, image, and likeness?

(12:17) How will compliance work once these new rules are adopted?

(20:08) Why does the NCAA want Congress to step in?

(23:29) Why is the NCAA desperate to get an antitrust exemption?

(28:46) Is the NCAA Football game ever coming back?!?

(32:03) When will the new rules be implemented? 

In this episode, Mike explores the recent ruling against the US Women's National Soccer Team in their lawsuit against US Soccer. The USWNT, among other claims, has argued that they are paid less than the USMNT, in violation of the law. 

Mike's guest to explain the surprising ruling is Steven Bank, Professor of Business Law at UCLA. Professor Bank is also a frequent commentator on soccer law issues. 

(1:35) Why did the USWNT lose a key ruling on summary judgment on their claim of equal pay?

(3:41) How does it make sense that the federal judge concluded that the women actually were paid more than the men? 

(6:23) Professor Bank has a theory for why the USWNT's case may have gotten weaker over time.

(8:01) What about the fact that US Soccer has actually made arguments that men's soccer players deserve to get paid more than women's soccer players?  

(10:14) What happens now? Will the USWNT appeal? How likely is a settlement, and how does Friday's ruling affect a possible settlement? 

This is a two part episode, with Mike discussing the Houston Texans 2020 Draft and MLB's report into the Red Sox sign-stealing scandal.

(1:00) Mike gives his grade on the Texans Draft

(3:03) Analyzing the Ross Blacklock selection

(11:00) What actually happened right before the Jonathan Greenard pick? 

(13:24) Mike's least favorite pick

(17:05) Should the Texans have traded 57 for Brandin Cooks, knowing the players who ended up being available?

(25:28) Analyzing Laremy Tunsil's new deal

(40:31) Why Mike liked MLB's investigation of the Astros more than MLB's investigation of the Red Sox

 (41:30) Mike lists his major issues with the Red Sox report

(49:45) There is no conspiracy against the Houston Astros