The Mike Meltser Podcast on Sports and Law

This is a 2-part episode where Mike discusses the Texans trading for Brandin Cooks and explains why Lamar Jackson is suing Amazon.

(1:28) Why Mike would have stood pat with the 2nd round picks instead of trading for Cooks, (7:28) taking a look at the upside of this trade offensively, (9:35) discussing the national opinions on the Cooks trade, (16:20) this trade disproves the idea that DeAndre Hopkins was dealt because of money, and (22:39) Mike's fear about the long-term plan in Houston.

 (27:31) Why is Lamar Jackson suing Amazon? Darren Heitner, sports attorney in Florida and owner of Heitner Legal, joins Mike to explain

(28:36) What a right of publicity?

(29:29) Why the lawsuit was filed in Florida.

(30:32) Heitner believes Jackson could lose this case.

(31:00) The most important issue in this lawsuit.

(33:44) Heitner predicts the ultimate result in this case.

Check out sports attorney Darren Heitner at https://heitnerlegal.com/.

Follow him on Twitter: https://twitter.com/DarrenHeitner.    

In this episode, Mike focuses on the biggest story in sports: when will sports actually return from the COVID-19-imposed absence?

Mike's guest is sports attorney Dan Lust, who works at the law firm Goldberg Segalla. 

(6:30) Is MLB's "Arizona Plan" realistic?

(11:06) Why all sports must be prepared for an athlete testing positive for coronavirus. 

(12:37) Why is May 10th a huge day for the NBA?

(15:50) Mike's idea for a unique way to finish the NBA season in Las Vegas.

(18:12) What will happen with the NFL?

(19:50) The challenge of mass testing from a PR standpoint.

(25:28) Why college football is in the most challenging situation of all sports.

(31:12) Mike gives his thoughts on the following topics: why targeting any return dates is a useless exercise right now, MLB's Arizona Plan, unique ways to finish the NBA season, what he expects the NFL and CFB to do, and why we need to watch what  state governors and health officials do. 

This is a three-part episode of the Mike Meltser Podcast

The first part of the podcast (2:01) is Mike's discussion about the ESPN.com report that if no MLB season is played, the suspensions of AJ Hinch and Jeff Luhnow will be deemed to be fulfilled. Mike explains why this is absolutely right call by MLB.

The second part of the podcast (9:57) is an update on the Mike Bolsinger lawsuit against the Astros, which was the focus of episodes 39 and 40. Mike catches up with Bolsinger's attorney Ben Meiselas, and they discuss the Astros' latest filings in the case. 

The third part of the podcast (24:14) is about an interesting NFL story that has been in the news this week. Meiselas is the attorney for current NFL free agent safety Eric Reid. A few weeks ago, the NFLPA voted to approve a new Collective Bargaining Agreement (CBA) that will last for the next ten years.

Meiselas wrote a letter to the NFLPA claiming that the union changed the language of the CBA that the players voted on, and the NFLPA responded with a strongly-worded letter. He discusses how he discovered the alleged discrepancy in language, what it means for current and former and NFL players, and gives his take on the new CBA as a whole.

The topic of the 44th episode of the Mike Meltser Podcast is about the new NFL Collective Bargaining Agreement (CBA). The biggest headline from the new CBA is that the NFL regular season will soon be moving from 16 games to 17 games. 

Mike's guest on the podcast is Dan Kaplan, senior writer of sports business for The Athletic. The episode covers a number of topics:

(3:30) What grade would Kaplan give the NFLPA for this deal?

(4:45) How did we reach the stage where 17 games became seemingly non-negotiable for the owners?

(5:55) Did the coronavirus pandemic create enough worry to cause players to vote "yes" over the final week of voting?

(8:05) Why was the vote to pass the new CBA so close?

(9:09) What was the best part of the deal for the players?

(11:40) What needs to happen for the revenue split to go to 48.5% and 48.8% for the players?

(17:28) What are the positive and negative aspects of the new CBA for former NFL players?

(22:53) Mike recaps the interview and gives a grade to the NFLPA for the new deal and explains why he's concerned that the union has opened up Pandora's Box in the future.

Mike discusses the legal impact of the coronavirus on the sports world. The episode focuses on the question of how contracts in sports will consider a pandemic like COVID-19. Among the topics covered in this episode:

Do teams and leagues account for a pandemic when they sign contracts? (1:12)

Legally, how do we know a pandemic has actually happened? (3:06) 

Do the leagues still have to pay the players?

What will the impact of losing the NCAA Tournament have on the NCAA's revenues? (7:24)

The guest on episode 43 is Joe Anderson, a senior entertainment attorney at Manatt, Phelps, & Phillips in Los Angeles. 

Mike reacts to a stunning Monday, where the Texans somehow traded DeAndre Hopkins for essentially a 2nd round pick and RB David Johnson.

(0:53) why the idea of Houston trading Hopkins didn't actually shock Mike, (2:27) why the compensation is so terrible as to be essentially inexplicable, (7:02) the first two questions that need to be asked to Bill O'Brien once he eventually discusses the deal.

(17:32) Mike explores three possible ways the Hopkins deal can end up looking decent and (22:41) Mike reacts to Colin Cowherd's perspective on the deal. 

In episode 41, Mike tries to answer a lingering NFL offseason question: will Steelers QB Mason Rudolph sue Browns defensive end Myles Garrett for defamation?

Garrett has accused Rudolph of using a racial slur during an on-field altercation in November, moments before Garrett used Rudolph's helmet to slam him in the head. 

(4:19) Mike is joined by Justen Barks, adjunct professor of entertainment law at the University of Houston Law Center and partner at Beard and Barks PLLC. This episode explores the definition of defamation, whether Garrett's statements are actually defamatory, the actual malice standard for public figures, and the challenge that Rudolph would have in showing damages. 

(12:21) Mike gives his opinion on whether or not a lawsuit will actually be filed.

This episode is a follow up to episode 39, which discussed former Blue Jays pitcher Mike Bolsinger's lawsuit against the Astros. Bolsinger's lawyer is well-known sports attorney Ben Meiselas, an advocate for player's rights who is a partner at the Los Angeles firm Geragos and Geragos. 

(3:05) Ben joined Mike Meltser to discuss the lawsuit. Among the topics discussed:

• Why was the lawsuit filed?
• Why does Ben feel that many of us can relate to Mike Bolsinger? 
• How can Ben prove that one relief appearance at Minute Maid Park cost Mike Bolsinger his MLB career?
• Why did he pick LA as the place to file the lawsuit? 
• Why does Mike Bolsinger have any claim to the $31 million in bonuses that the Astros won during the 2017 playoffs? 
• What are the next steps for this lawsuit? 

(24:54) Mike finishes the episode by explaining that the biggest part of this lawsuit is the possibility of discovery, and why the Astros must avoid it at all costs. Mike also reacts to many of the arguments that Ben Meiselas made during the interview.

Mike discusses former Blue Jays pitcher Mike Bolsinger's lawsuit against the Astros that was filed in Los Angeles. Bolsinger was a victim of the sign-stealing scandal, and allowed 4 earned runs in 1/3 of an inning on August 4, 2017. That day was Bolsinger's last game in Major League Baseball.

The goal of this podcast is to answer a lot of your questions about the lawsuit: how can Bolsinger claim the Astros ruined his career, when he had a flimsy professional career and poor ERA in 2017? Why was the lawsuit filed in Los Angeles? How worried should the Astros be about this lawsuit? What will their defenses be?

Personal injury attorney Noah Goodman joins me (5:10) to answer those questions, and plenty more. Noah has researched the evolution and decline of free agency in MLB, and he also writes about collective bargaining issues in professional sports. 

(26:15) Mike gives his biggest takeaways from Noah's interview, including the way the Astros will try to get rid of this lawsuit. 

Mike discusses the news that Pete Rose has asked MLB Commissioner Rob Manfred for reinstatement. Rose's attorneys sent both Manfred and The National Baseball Hall of Fame a petition arguing that Rose's punishment for gambling on baseball games is disproportionate to the smaller punishments given in the electronic sign-stealing scandal, steroid scandal, and more.

(4:02) Sports attorney Dan Lust joins the podcast to discuss the best argument made in the petition, what he might have added to the petition, Rose's ultimate chances, and more.

(23:58) Mike explains the flaws in Rose's petition and ultimate chances of getting reinstated. Mike believes that MLB would much prefer scandals that involve electronic sign-stealing and steroids over a scandal that touches on baseball's third rail, gambling.