Friday, March 30, 2012

The NBA Draft & Early Entry Decisions

Finally, one year later, the sports world is recognizing the challenges that student-athletes in the sport of men’s basketball face when navigating the rules relative to entering the NBA draft early. The NCAA and NBA have developed rules that, when combined, protect everyone except student-athletes trying to make a good decision.

Lots of articles been written on this subject, and I’d encourage you to read the following:

1. An opinion piece I wrote last April, predicting that this will be a problem for student-athletes.
2. Two advice pieces, written for student-athletes.
a. By Marc Isenberg -- link.
b. By Darren Heitner -- link.
3. An opinion piece by Bob Kravitz of the Indinapolis Star pointing out the current problems.
4. A lengthy law review article I wrote outlining the history of the NBA draft and arguing for change.

38th Annual Sports Lawyers Association Conference

The full program for the the 38th Annual Sports Lawyers Association Conference has been released. The event takes place May 10-12, 2012 in San Diego, CA. Highlights from the conference include the following:

College Conferences and Their Own Networks - Will College Sports Be Changed Forever? Counseling Your Client in a Crisis Situation
Town Hall Debate Collective Bargaining:Winners and Losers
Ethics for Sports Lawyers, The Lawyer's Dilemma: Ethics vs. Reality
Title IX: 40 Years Later
The Olympic Games as a Showcase - Anticipated Issues
And many others

Thursday, March 29, 2012

Return of cheering speech

Two items on the cheering speech front:

First, I am quoted in today's New York Times on the subject, staking out my favored position that it's all First-Amendment protected and at least state-run facilities cannot do much. This subject seems to be back in the news of late, helped by some high-profile incidents, such as the eviction of former NC State basketball stars Tom Gugliotta and Chris Corchiani from an NC Stage game last month. The Times interview was pretty interesting, because the reporter seemed dubious and so, apparently, were the other people he had spoken to.

Second, here's an example of when cheering speech can be pretty clever: Fans of a lower-division German soccer team that had not scored in several game brought a sign reading "We'll show you where the goal is," then another group stood behind the visitors' goal holding yellow and green arrows and pointing them at the net (click to enlarge). Deadspin has video of the fans in motion. Now should the team, upset by the fans' "negativity," be able to stop this quite clever (and non-disruptive, since there aren't many people at the game) expression of dissatisfaction with the team's performance? And if the answer is no, then we need some way to draw a line between this and booing and yelling that the players stink--and no one has ever successfully drawn that line.

Sports Law at the Final Four: Tulane Law on Friday


If you are in town for the Final Four or have the good fortune to live in NOLA, please come by Tulane Law School for a panel discussion apropos to March Madness. The Tulane Sports Law Society presents: "Hot Topics in NCAA Athletics: Time for a Change?"

The panel discussion will take place this Friday, March 30th, beginning at 1pm, running until about 2:15pm. Immediately following the panel discussion will be an informal reception until 3pm. Potential topics include: multi-year scholarships, scholarship enhancements, conference realignment, player safety, social media, transfer issues, and the BCS. The panelists follow:

Renee Gomila, Associate Director of Enforcement, NCAA
Timothy Liam Epstein, Partner/Chair Sports Law Practice Group, SmithAmundsen, LLC
Greg Byrne, Director of Athletics, University of Arizona
Mike Alden, Director of Athletics, University of Missouri
John Long, Director of Compliance, Southeastern Louisiana University

The panel will take place at Tulane Law School. Room 257 Weinmann Hall, 6329 Freret Street, New Orleans, LA 70118. The panel is open to the public.

Wednesday, March 28, 2012

Sports Law Blog gets attention

Marc's post on the Gregg Williams suspension got some pub from reporter Stefan Fatsis on this week's Hang Up and Listen podcast on Slate. Fatsis seems to be a regular reader of the blog; he interviewed me for an NPR speech on fan speech a few years ago.

New Sports Illustrated column: What Hurdles Remain for Dodgers Sale?

I have a new column for SI on a group that includes Magic Johnson wining the bidding process for the Dodgers and what issues remain.  They include factors that will be considered by a bankruptcy judge on April 13 and how debt financing plays a role in Major League Baseball's evaluation of the winning bid. 

Hope you have a chance to check out the column.

Odds

Tassos Kaburakis and I recently had the chance to collaborate on a research project looking at gambling in the EU. Our findings were just published in the new issue of Business Law International. The abstract is below. Our follow-up piece focuses on the US exclusively and is slated for publication later this year. Among other things, our US-specific article looks at PASPA on the statute's 20th anniversary.

Using law and policy as a sustainable competitive advantage source is a recent research stream. This paper illustrates how legal and policy research contributes to firms’ strategy in the regulated gambling industry, defined by legislation and jurisprudence. The gambling sector has been a microcosm of European integration and harmonisation challenges, as well as promising opportunities. Research on European Court of Justice case law in the period 1990-2010 and on recent policy developments yields significant findings for firms wishing to compete in the gambling industry, in which entry barriers have traditionally been high due to restrictive regulation. Following the latest European Court of Justice decisions in September 2010 and the ensuing policy impact across Europe, gambling operators are prudent to invest in litigation, lobbying, continuous legal and policy monitoring, and establishment of regional gambling sites in jurisdictions they would have been preempted from pursuing heretofore.

Football Agents: Back on Campus

After almost five years, the NFLPA decided to rescind the “Junior Rule” yesterday. This rule, enacted and enforced by the NFLPA, specified that agents were not allowed to contact a college player until after their junior year—specifically, either after their last regular season or conference championship game or December 1st, whichever came later. Since the NFL’s CBA requires that three regular seasons have completed before a player may be drafted, the intent was to reduce unnecessary contact between draft ineligible student-athletes and agents.

In theory, this rule made sense; in practice it became an unbridled disaster for the industry. The competition to sign student-athletes is fierce and this rule became a wedge between agents who completely ignored it and those who tried to follow the law. Unfortunately for the NFLPA and their agents, since contact with a student-athlete is not prohibited by the NCAA, by and large student-athletes and institutions neither cared about nor enforced this rule.

The result was that agents were forced to decide between abiding by this rule or losing potential clients to their competitors who largely ignored this prohibition. Furthermore, even if agents themselves decided to follow the law, they skirted its intent by hiring runners or representatives to recruit for them. Since the NFLPA has no jurisdiction over anyone not certified by the union, the industry saw an explosion of runners who descended on college campuses across the country.

Yesterday, the NFLPA, by a vote of the player representatives, rescinded the “Junior Rule.” What this means is that schools across the country must be even more prepared to educate their student-athletes. The good news is that the game has changed from enforcement to education. The bad news, how many schools take educating student-athletes in this transition process seriously?

Tuesday, March 27, 2012

The NFL's Next Legal Challenge Comes From Within

The NFL continues to push the boundaries of antitrust and labor law. The latest incident has to do with an ongoing debate between two teams--the Dallas Cowboys and the Washington Redskins--and the league itself. Charges of collusion abound. Here is a summary of the events that triggered this conflict.

1. March 8, 2006: With CBA expiring, Commissioner Paul Tagliabue asks the owners to extend the agreement through the 2012 season. Every owner except Mike Brown of Cincinnati and Ralph Wilson of Buffalo votes to do so. However, a stipulation is put in the CBA extension is that owners can opt out in ’08 and cut the CBA’s length by two years. A provision is put in the CBA that means if the owners opt out, the last year of the agreement (2010) will not include a salary cap.
2. An uncapped year was intended to act as a “poison pill” for both the NFL and NFLPA. The NFLPA was in favor of an uncapped year because they anticipated teams would spend over this artificial ceiling if there are no restrictions. The NFL was in favor of this provision because there were clear limits on free agency that the NFLPA opposed.
3. May 20, 2008: The NFL owners vote unanimously to opt out of their collective bargaining agreement. Without action, CBA will expire March 3, 2011.
4. March 5, 2010: The 2010 league year begins with no salary cap, again, a provision originally meant to motivate sides to extend CBA.
5. 2010 NFL Season: played, but no salary cap.
6. During this season, two teams go over what would have been the artificial salary cap—the Washington Redskins & the Dallas Cowboys. This is done partly by front-loading salaries from long contracts into 2010 season.
7. Important note: All contracts were approved by NFL Management Committee.
8. Winter/Spring 2011: NFL Lockout
9. July, 2011: Owners ratify new CBA.
10. NFL, via the NFL Management Council, comes down on Redskins & Cowboys by punishing them for going over cap in 2010. Both teams were penalized for overloading contracts in the 2010 uncapped season despite league warnings to restrict doing so. Washington has been given a $36 million reduction over two years, while Dallas loses $10 million. Each must take at least half the reduction this year.
11. Why is the league upset over this overspending? Teams had been warned by the league not to structure contracts in such a way, because it could negatively affect competitive balance in 2011 and beyond, when a new collective bargaining agreement was expected to kick in. By dumping large financial guarantees into the uncapped year, Washington and Dallas not only were able to retain or sign potential impact players, the league contends, but also have greater salary-cap flexibility under the new CBA.
12. Finding by NFL that this action "created an unacceptable risk to future competitive balance".
13. No dispute from the NFLPA since they agreed to allow the NFL to take this cap space from the Cowboys and from the Redskins and redistribute the money to other teams. Why? NFL offered to help pump up the 2012 team-by-team salary cap in exchange for the union’s agreement. Also NFLPA Exec Dir DeMaurice Smith up for reelection.
14. Redskins and Cowboys contest this decision for two main reasons: one, the Management Council approved the contracts; and two, how could they be at fault when there was nothing in writing that prohibited them from structuring contracts as they did? Also, the NLFPA could file charges that the owners colluded to try to suppress wages.
15. The NFL Management Council is Co-Chaired by New York Giants owner John Mara, whose team happens to compete in the NFL East against the Redskins and Cowboys.
16. Statements made by each party include:

a. The Redskins statement:
“The Washington Redskins have received no written documentation from the NFL concerning adjustments to the team salary cap in 2012 as reported in various media outlets. Every contract entered into by the club during the applicable periods complied with the 2010 and 2011 collective bargaining agreements and, in fact, were approved by the NFL commissioner's office. We look forward to free agency, the draft and the coming football season.”

The Cowboys statement:
“The Dallas Cowboys were in compliance with all league salary cap rules during the uncapped year. We look forward to the start of the free agency period, where our commitment to improving our team remains unchanged.”

The NFL statement:
"The Management Council Executive Committee determined that the contract practices of a small number of clubs during the 2010 league year created an unacceptable risk to future competitive balance, particularly in light of the relatively modest salary cap growth projected for the new agreement's early years. To remedy these effects and preserve competitive balance throughout the league, the parties to the CBA agreed to adjustments to team salary for the 2012 and 2013 seasons. These agreed-upon adjustments were structured in a manner that will not affect the salary cap or player spending on a league-wide basis."

17. As indicated in CBA, teams suing NFL go to arbitration, which in this case is Special Master Prof. Stephen Burbank at Wharton.

Sunday, March 25, 2012

"Tar Heel Tear Down": UNC Sanctions and Implications for the U

The long anticipated sanctions handed down to the University of North Carolina on March 12th were yet another blow to a major college program in what has been a decade replete with NCAA sanctions. In the Football Bowl Subdivision (FBS) alone, thirty-seven programs have been sanctioned to some degree over the past ten years. Of those thirty-seven programs, four were banned from postseason play, eighteen were stripped of scholarships, fourteen faced recruiting restrictions, and all were given probation. Accompanying these sanctions, six show-cause orders have been issued, preventing the inculpated coach from working at the college level without NCAA approval.

The UNC case follows the well-documented sanctions delivered to the University of Southern California (USC) in 2010 and the Ohio State University (OSU) in 2011. USC was stripped of its 2004 National Championship, forced to vacate its 2005 season, and given a two-year postseason ban. OSU was saddled with probation, a one-year postseason ban, and a reduction in football scholarships. In both the USC and OSU cases, part of the violations stemmed from coaches who had knowledge of violations and either fostered continued non-compliance, or did not take proper preventative measures. As UNC recently learned, staff transgressions prompt stiff punishment.

As described by the NCAA’s Public Infractions Report, UNC’s violations stemmed from three separate circumstances: (1) a former tutor committing academic fraud with student-athletes and providing impermissible benefits to student-athletes; (2) the provision of impermissible benefits to student-athletes by various individuals, including sports agents and their associates; and (3) unethical conduct by a former assistant coach. The report links at least eleven former student-athletes to a variety of improprieties occurring while members of the UNC football team. John Blake, the implicated Assistant Coach, had a working relationship with now deceased sports agent Gary Wichard, and reportedly steered players toward his agency.

For these indiscretions, UNC was given a one-year postseason ban, prohibiting the team from playing in the 2012 ACC championship game and any subsequent bowl game. The program was also placed on probation for three years, and stripped of five scholarships for each of the next three years. Blake was issued a three-year show cause order. The University had already placed its football program on a two-year probation, cut three scholarships per year for three years, and vacated wins from the 2008 and 2009 seasons, but the NCAA viewed these self-imposed sanctions as insufficient and issued the dreaded postseason ban.

Interestingly, what is absent from this Infractions Report, is punishment for UNC directly tied to a failure to monitor social media, which was a charge in the Notice of Allegations. It is clear that at least one violation (receipt of impermissible benefits by Marvin Austin) would have been discovered by even a cursory review of his Twitter account. The Infractions Committee, however, declined to impose a blanket duty on institutions to monitor social media. Instead, the Committee held that a duty to monitor social media may arise if an institution has a reasonable suspicion of rules violations by an individual student-athlete. The Committee concluded its comments relative to social media monitoring by punting to schools and conferences: “[i]f the membership desires that the duty to monitor social networking sites extend further than we state here, the matter is best dealt with through NCAA legislation.” For a more detailed discussion of monitoring social media, see my recent law review article published by the University of Mississippi School of Law: “ ‘Student-Athlete.O’ Regulation of Student-Athletes’ Social Media Use: a Guide to Avoiding NCAA Sanctions and Related Litigation.”

The sanctions that were leveled against UNC are generally consistent with those imposed upon USC, OSU and others, and may provide a glimpse into future punitive action by the NCAA. The investigation that bears monitoring in the coming months is the well-documented allegations against the University of Miami. In the shocking account detailed in a Yahoo! Sports August report, Nevin Shapiro, a former University booster, claims that from 2002 to 2010 he provided impressible benefits to seventy-two players including: prostitutes, jewelry, travel, and even funds for an abortion after a player allegedly impregnated a stripper. According to the report, at least seven Miami staff members knew about the benefits being conferred, and some even steered athletes toward Shapiro.

If these allegations prove true, penalties against Miami will assuredly exceed those levied against UNC because if these precedential cases prove anything, it’s that complicit knowledge amongst coaching staff members is reprehensible in the eyes of the Association. Misdeeds by authority figures entrusted with the care of student-athletes implicate an institution far more than the exploits of teenagers and rogue outsiders. If even a fraction of the egregious acts alleged in the Miami case are substantiated, a multiple-year post season ban is likely, and numerous coaches may find themselves strapped with a show-cause penalty. Presently, much attention is paid to providing proper compliance education to student-athletes, but in light of these cases, institutions may need to start devoting more resources for compliance education of coaches and support staff, and not just the athletes working under their tutelage.

Hat tip to law clerks Brian Konkel and Gabriela Schultz for their work on this piece.

Friday, March 23, 2012

The Gregg Williams' NFL Suspension: Logical Yet Perhaps Illegal

Most NFL fans were appalled to learn about former New Orleans Saints defensive coordinator Gregg Williams' bounty system that paid his players for injuring opponents. In light of growing concern about retired NFL players' health, Commissioner Roger Goodell swiftly suspended Williams indefinitely from the league.

Thus far, Goodell's suspension of Williams has received overall positive press. However, even if fans are happy to see Williams go, their feelings beg an entirely different question: did Roger Goodell have the legal authority as a governing figure on behalf of the 32 teams to ban Williams from practicing his profession as a pro football coach?

If challenged under Section 1 of the Sherman Act, Goodell's attempt to indefinitely suspend Williams serves as an interesting test case to the modern view of antitrust law's Rule of Reason. As the NFL will most likely note, back in 1961 the U.S. District Court for the District of New York ruled in the case Molinas v. Nat'l Basketball League that a league commissioner may indefinitely suspend a player on moral grounds. However, since the Molinas case was decided (which, of course, only came from a single district court), courts' interpretation of antitrust law's Rule of Reason has changed significantly.

Most notably, in the 1978 U.S. Supreme Court case National Society of Professional Engineers v. United States, the high court explained that antitrust law's Rule of Reason should not turn "on a court's intuitive judgment of whether a particular practice seems sensible and equitable, but rather on economic analysis." In other words, unlike in past decisions such as Molinas, public policy grounds no longer serve a clear place in a proper antitrust analysis.

In light of the Supreme Court's holding in both Professional Engineers and its progeny, I have repeatedly argued that indefinite commissioner suspensions in professional sports leagues are generally no different from illegal group boycotts. This argument is especially powerful where the suspended party is an NFL coach because NFL coaches are not unionized and thus their suspensions lie outside of antitrust law's non-statutory labor exemption.

Interestingly, a rarely discussed footnote in Professional Engineers (footnote 22) leaves open a small gray area if the main purpose for a restraint of trade is to protect a collective entity from "product liability." Given the bona fide liability concerns that would flow to NFL teams by allowing continued employment of a coach that has encouraged physical harm to players, Goodell's suspension may fall firmly within the spirit of this Footnote 22 caveat.

Nevertheless, footnote 22 of Professional Engineers is vague, and its successful application has been rare. In addition, footnote 22 relates specifically to product markets and not to labor markets, where upholding such a restraint would entirely prevent one from practicing his chosen avocation.

In this vein, courts have been frequent to uphold the general position that no matter how laudable one's intentions, separate businesses are forbidden from coming together to form an extra-governmental entity that provides rules for the regulation and restraint of interstate commerce. According to most courts, the power to regulate such trade is a power reserved for the government and not trade associations, even where a trade association's leader has honorable intentions.

Thursday, March 22, 2012

Some Ways To Lower Your Auto Insurance | Auto Insurance

auto insurance | state farm | auto insurance claims | your auto insurance | save on insurance | driving insurance


auto insurance is really expensive. A typical insurance policy can cost a few hundred dollars to a few thousand dollars a year.


And the insurance rates you pay are hugely dependent on the insurance company or agent, your age, your car type, your driving record, and even the area you reside in!
You must in no way reach with no car insurance though, despite the overheads. Almost all the states require you to watch over physically with a smallest amount amount of liability coverage. Naturally, the bare smallest amount is not ample adequate designed for the middling car title-holder. And as you add in bonus coverage designed for your car, you realize with the intention of you will be paying a literally great sum annually.

So, understanding car insurance can in fact help you to decide on a right insurance certificate with the intention of won't vacuum clean your wallet! Here, we take part in gathered 10 of the top tips designed for lowering your car insurance, by as much as 40%!

Always compare insurance policies. There are states which adjust car insurance duty, but the insurance premiums can vary by hundreds of dollars designed for the exact same coverage. It is without doubt useful to supermarket around. The leading matter you can fix is to check with your state insurance area. They often provide in a row more or less the coverage you need, as well as sample duty from the biggest companies. You can as well ask your contacts or look up the yellow pages. Checking consumer guides and asking insurance agents can recompense inedible as well. You can by a long way hit upon unacceptable the penalty range designed for your insurance certificate, as well as discover the lowest prices in town.

However, you must not be shopping based on penalty along. The insurance company must provide useful service by the side of the top penalty. Excellent private service is untaken as well, and they provide added conveniences, although they cost a bright tad more. Ask the company how you can inferior your overheads, and as well check their economic ratings. The govern of thumb is at all times to dig up three penalty quotation marks from three various companies, and pick the single with the top cost.

It can as well be a useful inkling to intensify your deductibles. When you sleeve a application, the deductible is the amount you recompense already the insurance company pays designed for the respite of the harm. A superior deductible on collision and all-inclusive coverage can be in charge of to a much inferior premium. For exemplar, increasing your deductible from $200 to $400 can reduce your premiums by up to 25%. However, you obligation ensure with the intention of you take part in the economic wherewithal to trade the prevalent deductible as soon as the period comes.

Remove assured types of coverage from your certificate. Almost all the states require liability coverage designed for your car, but the respite of the coverage is probably dispensable. However, you fix not choose to be underinsured if you're in an accident, so it isn't advisable to remove all of your bonus coverage. Optional coverage includes health check payments, uninsured motorist, collision, and all-inclusive coverage.

Drop collision and all-inclusive coverage designed for elder cars. If you drive an elder car that's worth fewer than $2,000, it's probably more cost-effective to dive collision and all-inclusive coverage since you'll probably recompense more designed for the coverage than you'll have a passion for designed for a application. You can hit upon unacceptable the worth of your car by asking car dealers and banks.

Make trustworthy your thanks account looks useful. Car insurance companies often look by the side of your thanks history as here is a correlation concerning the chance to the company and your thanks history. If you recompense your bills on period and argue a useful thanks history, you can take pleasure in inferior insurance duty.

Drive fewer. Insurance companies often offer low-mileage discounts to motorists who drive fewer than a inexorable amount of miles every time. You can exercise open moving more often, car-pool with contacts, and take the train or a hydroplane as a substitute of driving to an additional state. And you'll save on more than your coverage as you'll need to exhaust fewer on gasoline (of which prices are incredibly high).

Maintain a clean driving make a note. The company will assign you a penalty break and you can save on your insurance certificate later a specified stop of a clean driving make a note. This measures with the intention of you take part in thumbs down accidents, thumbs down serious driving violations and all that, in this stop of period. The simplest and surefire way to qualify designed for this reduce is to drive carefully and defensively all the period.

Choose a low-profile car. Insurance duty vary with difference models of vehicles. Generally, sports cars and high-performance cars be predisposed to cost more to insure, chiefly since they symbolize more chance of theft and the drivers are often the natives who drive more hastily. Newer cars will cost more to revamp or switch than elder ones, so unaffectedly they can more to insure. Low-risk vehicles include station wagons and sedans.

Ask more or less safety and security discounts. The insurance companies from time to time offer discounts on your insurance if your car is equipped with the following: Anti-lock brakes, air bags, automatic seat belts, car alarms, tracking systems. These reduce the injury chance to you, as well as the probability of your car being vandalized or stolen.

Finally, ask more or less other discounts. You may possibly receive a reduce if you purchase more than single type of insurance from the same company or if you insure multiple cars under the same certificate or company. You may possibly as well receive discounts designed for taking a defensive driving line, staying with the same company designed for a little years, being a driver terminated 50, good-student discounts, and being an AAA part. If you already take part in ample healthiness insurance, you can as well eliminate paying designed for duplicate health check coverage, as follows lowering your private injury protection overheads by a ample amount.

auto insurance is really expensive. A typical insurance policy can cost a few hundred dollars to a few thousand dollars a year



Tuesday, March 20, 2012

Two tales of cheering speech

I was interviewed yesterday by a reporter for The New York Times on the subject of cheering speech; he seemed resistant to many of my arguments and suggested that others would be, as well (he might be right about that last point). Anyway, here are two new examples of cheering speech for the record books:

Last night in Oakland, Golden State Warriors fans loudly and continuously booed team owner Joe Lacob during the ceremony to retire the jersey of Warrior great Chris Mullin. The boos continued despite repeated requests from Mullin and from Rick Barry, who also was on hand. Also yesterday, Southern Mississippi kicked five members out of the pep band and withdrew their scholarships after they chanted "Where's green card" at Kansas State's Angel Rodriguez during an NCAA tourney game last weekend.

Both incidents show fans being utterly obnoxious, to be sure. But it is hard to see why any of this does not and should not enjoy free-speech protection under current principles. Certainly the Warriors fans should be able to make their feelings heard about an owner who, in their view, is mismanaging the team.

The Southern Miss situation could get interesting, because the sanction was meted out by a state institution, so a First Amendment lawsuit is not out of the question. My best guess is that any lawsuit will fail, because a court would conclude that the band members speak "as the school" and the school can control who speaks (or cheers) on its behalf. The Fifth Circuit last year rejected a claim by a high school cheerleader who was kicked off the team for refusing to cheer for the basketball team member who, she alleged, sexually assaulted her. It's hard to imagine the band members having any better luck.

Update: A reader emails to say he reached out to the Southern Miss. administration and a spokesperson said there is no First Amendment violation because the students were punished only in their capacity as band members. Sloppily stated, but it does sound like they are setting up a "we get to choose who speaks as our official representative" argument.

Monday, March 19, 2012

New Sports Illustrated column: Mets owners settle claims brought by Madoff victims

Big news in Mets land today, as the team's owners settle what was originally a $1 billion lawsuit brought by victims of Bernard Madoff.  While the settlement is for $162 million, they will likely end up paying much, much less.  Here's my take for SI.

Jim Thorpe and Civil Procedure

Here is an interesting story from yesterday's Washington Post on the ongoing over the remains of Jim Thorpe, the great Native American athlete of the early 20th century. In 1953, Thorpe's third wife gave his body to two neighboring towns in the Pocono Mountains of Pennsylvania--Mauch Chunk and East Mauch Chunk--in exchange for their merging and adopting the name "Jim Thorpe." But in 2010, John "Jack" Thorpe, one of Thorpe's sons, sued in federal court against the Borough of Jim Thorpe, seeking the return of his father's remains under the Native American Graves Protection and Repatriation Act (“NAGPRA"), as well as damages under § 1983.

As always, there is a lot of interesting procedure floating around here. In February 2011, the district court granted in part and denied in part the Borough's 12(b)(6); it held that the damages claims were legally barred, but that the NAGPRA did govern the plaintiff's claim. The court also suggested that Richard and William Thorpe, Jack's brothers, and the Sac and Fox Nation, the Oklahoma-based tribe to which Jim Thorpe belonged, had to be joined as defendants under FRCP 19. Jack Thorpe initially sought an ordering that Jim's remains be turned over to Jack; to the extent William, Richard, or the Sac and Fox might also have a claim to the remains, they needed to be heard in this case. The court left open the question under FRCP 19(b) whether Richard, William, or the Nation would be subject to personal jurisdiction in Pennsylvania and, if not, whether the case could proceed without them.

Shortly after the district court's decision, Jack Thorpe died, triggering application of FRCP 25 for substitution of parties. But then Richard and William and the Sac and Fox Nation joined Jack (now represented by his estate) as plaintiffs, filing an Amended Complaint that now seeks the return of Jim's remains to the tribe. The Amended Complaint recently denied a second 12(b)(6) motion, holding that the new plaintiffs are proper parties and reiterating its view that the NAGPRA claim is not legally defective and can proceed.

Vermont Law School Panel on Emerging Issues in Ski, Snowboarding and Resort Law


The Sports Law Institute at Vermont Law School is thrilled to announce our upcoming panel on emerging issues in ski, snowboarding and resort law.  Here are the details:



The Sports Law Institute at Vermont Law School presents

A Panel Discussion on Emerging Legal Issues
in Ski, Snowboarding and Resort Law

Thursday, March 29, 2012
12:45 to 2:00 pm
Chase Community Center


We are excited to announce a dynamic panel of leading attorneys in ski, snowboarding and resort law.  The event will be open to the public and 1.25 Vermont CLE credit hours will be available.     Topics will include:

  • tort implications of participating in ski and snowboarding;

  • role of assumption of risk in personal injury litigation involving ski and snowboarding;

  • new state laws that promote safety, such as requiring skiers and snowboarders under 18 to wear helmets; 

  • the structuring of licensing and related ski and snowboarding contracts;

  • impact of international law on multi-national ski, snowboarding and resort transactions;

  • impact of controversial new regulations promulgated by the International Ski Federation;

  • ways the law can improve underprivileged persons' access to ski and snowboarding; and

  • how changes to the law might address the expected impact of climate change on the ski, snowboarding and resort industries.
Introduction

Professor Michael McCann will introduce the event and the speakers.  He will also comment on the Sports Law Institute's exciting plans for 2012-13.


Panel

Brian Porto (moderator)

Professor Porto is Deputy Director of the Sports Law Institute and an Associate Professor of Law at Vermont Law School.  He has been writing about legal issues in sports for more than two decades.  Professor Porto's writings focus on the effects of Title IX on college sports and on the relationship between those sports and higher education.  His most recent book, The Supreme Court and the NCAA, examines the antitrust and due process consequences for college football and basketball of the United States Supreme Court's decisions in NCAA v. Board of Regents (1984) and NCAA v. Tarkanian (1988), respectively.  Professor Porto holds a JD from Indiana University-Bloomington and a PhD. in political science from Miami University (Ohio). Before coming to VLS, he taught political science at Macalester College in St. Paul, Minnesota and practiced law in Vermont.

Mr. Banker is the senior associate at Chalat Hatten & Koupal PC in Denver, Colorado.  His practice is focused on ski, snowboard, and other recreation related injuries, as well as professional malpractice. Mr. Banker’s ski and recreation law practice regularly includes questions of law regarding the enforceability of liability waivers, inherent risks and dangers of skiing, resort liability, and skier responsibility. He holds degrees from the University of Denver College of Law and the University of Michigan.

Jaimesen Heins

Mr. Heins is Associate General Counsel at Burton Snowboards in Burlington, VT.  He manages transactional legal matters for Burton and its global family of surf, skate and snow brands.  This including drafting, review and negotiation of professional athlete, sponsorship, manufacturing, licensing and related commercial agreements.  In addition, Mr. Heins provides advice and strategic counsel to Burton with respect to mergers and acquisitions, intellectual property, employment, real estate and litigation matters.. Previously, Mr. Heins served as a Project Manager for Toll Brothers, Inc., a publicly traded real estate development company.  Mr. Heins also held associate positions with Hughes Hubbard & Reed, LLP in New York and Eggleston & Cramer, Ltd. in Burlington, Vermont.  Mr. Heins holds degrees from the University of Pennsylvania Law School and Tulane University.

Mr. Maass is an attorney at Ryan Smith & Carbine in Rutland, VT.  A past officer and President of the Board of Directors of the Association of Ski Defense Attorneys, Mr. Maass is active in ski defense and professional liability litigation and has successfully tried numerous cases to jury verdict.  He has presented before the National Ski Areas Association, the Vermont Ski Areas Association and the Ski Areas of New York Association and has been involved in ski industry litigation throughout the East Coast.  A substantial portion of Mr. Maass’s practice also consists of counseling employers on employment issues. Mr. Maass is an approved trainer for equal employment/discrimination matters by the Civil Rights Division of the Vermont Attorney General’s Office.  He holds degrees from New England School of Law and St. Lawrence University.


Mr. Riehle is president of the Vermont Ski Areas Association, which represents the state’s alpine and Nordic ski areas in governmental affairs, marketing and public affairs.  Before first joining the association as the Director of Governmental Affairs in 1998, Riehle was in private practice with a primary focus on insurance defense litigation. In 2003, he was appointed to Governor Douglas’ senior staff as Special Assistant to the Governor and Secretary of Civil & Military Affairs, where he served as legal counsel, legislative liaison and policy advisor.  After the Governor’s first term, he returned to VSAA and has been president since 2006, where he oversees all aspects of the association and serves as the ski industry's lobbyist with the Vermont legislature and regulatory agencies.  He holds degrees from Vermont Law School and Hamilton College.

Sunday, March 18, 2012

An empirical look at sports and politics

Brad Smith, a UNC undergrad, has analyzed President Obama's NCAA bracket, finding a statistically significant relationship between the number of wins Obama picks for a team and that team's location in a potential swing state in this fall's election, a relationship beyond the national average. (H/T: Kim Krawiec of UNC Law). Kim adds a nice caveat: not every pick of a school in a swing state will appeal to swing-state voters in the same way. For example, picking Duke will not appeal to North Carolina voters in the same way as picking UNC or NC State.

Saturday, March 17, 2012

Interview with Bryan Stroh, Vice President and General Counsel of the Pittsburgh Pirates

The Pittsburgh Pirates recently hired Bryan Stroh as Vice President and General Counsel.  It's been a productive month for him.  He played key roles in the team winning its arbitration case against first baseman Garrett Jones and re-signing All Star center fielder Andrew McCutchen to a six-year contract worth $51.5 million with a club option for 2018 worth (the deal buys out at least two years of when the 25-year-old McCutchen could have been a free agent). 

Bryan is a good friend and former law school classmate of mine (University of Virginia School of Law, 2002).  Prior to joining the Pirates, he was a Chicago-based partner of Katten Muchin Rosenman, where his work included representing the Chicago White Sox.  He's also a 1998 graduate of Princeton University, where he was a top pitcher for the baseball team.  Bryan was kind enough to answer a few questions for Sports Law Blog.

SLB: What types of experiences at Katten best prepared you for this job?

STROH: At Katten, I was fortunate enough to work on a number of matters for the Chicago White Sox.  When I was a mid-level associate, I worked with a partner representing a White Sox player in a dispute with a former agent.  That case really opened my eyes to the various ways that the legal world overlaps with baseball.  Then a few years later I worked with the same partner on an internal investigation for the White Sox.  It was a fascinating case and I was lucky enough to be exposed to a number of people in the White Sox front office.  After we got a good resolution on that case, the partner basically kicked me in the butt and told me that I owed it to myself to try to figure out if there was a way for me to that sort of work more often, since he could see how much I enjoyed doing the work.

Beyond the sports cases that I worked on, as a litigator I did a ton of negotiating in a variety of different contexts.  That has been a huge benefit for me in my new role because even though the subject matter is a bit different, there are very few situation and personalities that I have not already come across in one form or another. 

SLB: What are typical situations you might have to handle in your job?  Are you involved with the disciplining of players or visa issues?

STROH: I have only been here about three months, so I am not sure I can really describe what is typical.  In the non-baseball world, the offseason involves a great deal of contract drafting and negotiation for things like sponsorship agreements, suite licenses, and media contracts.  On the baseball side, my primary focus has been contract negotiation for one multi-year contract in particular, but also for arbitration eligible players.  I also spent a great deal of time preparing for and giving the club’s presentation at a salary arbitration hearing. I have also had a variety of issues pop up related to the club’s activities in the Dominican Republic and other Latin American countries. One of the things that really attracted me to this job is the variety of work that I get to do, which includes a good deal of overlap with the club's baseball operations. Every club structures things differently, but I am fortunate that Neil Huntington and Frank Coonelly give me opportunities to be involved in more than just those traditionally associated with a general counsel position.

SLB: The new CBA, which limits the amount of money teams can spend on drafted players, has been described as unfair to small market teams like the Pirates, which have used spending on the draft to rebuild in part because free agents are so expensive/over-priced.  What are your views on the impact of the CBA on the Pirates?


STROH: I understand that perspective and selfishly think it is too bad that we cannot continue to exploit what we believed to be a competitive advantage.  But, the reality is that, even though the Pirates spent more money in the draft than most teams in the past 3-4 years, that was not going to last forever.  The bigger market clubs could have changed that at any time, and likely would have once one decided that the money spent in the draft was efficient and money well spent.  If that ever happened, the larger market clubs could have spent significantly greater dollars than even the level the Pirates had been spending, which could have been a huge competitive disadvantage.  Thus, the structure of the new CBA prevents that from happening, even if it takes away the temporary advantage produced by the additional dollars spent by the Pirates in recent drafts.

SLB: Baseball has adopted tougher penalties and testing protocols for steroids and performance-enhancers.  Do you think Baseball will be able to keep up with what are clear market incentives for players and disreputable labs to identify new drugs that evade detection?

STROH: One thing that might surprise some fans is that, for the most part, I think the players, not just the clubs, really want to clean up the game.  You saw that recently with some of the reaction to the Braun case.  The players are aware that there is this perception out there that any accomplishments are somehow tainted by the steroid possibility.  Thus, most of them seem to realize that the perception, even if it is not based on fact, will not go away until there is a testing program that engenders the public’s confidence and trust.  Most players and agents that I have spoken with are very clear about this point, and that is why I believe that the last round of bargaining produced a strong set of penalties and testing protocols that both sides believe in.
 

SLB: What advice do you have for law students or new attorneys hoping to break into sports law?

STROH: First, they need to ask themselves whether they really have a strong passion for a sport or whether they just think that the idea of working in sports would be fun or cool. 

Second, and only if they have the passion for a particular sport, they need to think about how they will separate themselves from the pack in terms of offering value to whoever might hire them.  Unfortunately, it just is not enough to be somebody who likes sports, went to a good school and got good grades.  There are thousands of people who want to work in sports, and after Theo Epstein and others helped to break the mold, the supply of talented people who want to work in sports has gone through the roof in the last 10 years.  One of the clubs that I represented in private practice used to show me the resumes of people that did not even make the cut to be “finalists” for a few positions.  Those resumes were incredibly impressive and these people did not even make the final cut!  Whereas it used to be people wanted to work in sports but were semi-realistic about their chances, now anybody who goes to college wants to get into the sports world.  While I think that is healthy for sports in general since it means that more and more qualified people are considering working in sports, the reality is that by itself just isn’t enough to get a job.  You have to try to think about how you can provide some sort of unique skill or background that will help you stand out.  And even then, if you are able to do all of those things, you have to get a little lucky and be in the right place at the right time.  If you do your homework on how most people from the outside got their start in baseball, it becomes pretty obvious that timing is everything.

Tuesday, March 13, 2012

15th Annual University of Miami Entertainment & Sports Law Symposium

The sports law conference season is in full swing. The University of Miami School of Law Entertainment and Sports Law Society has organized the 15th Annual Entertainment & Sports Law Symposium. The April 14, 2012 event is co-hosted by the Miami Marlins and held at the team's new stadium. Full details about the conference can be found here. A summary of the schedule is below.

SYMPOSIUM SCHEDULE

BREAKFAST, REGISTRATION, AND OPENING REMARKS: 8:00AM – 8:40AM
Breakfast, registration, and opening remarks will occur before the start of the symposium.

PANEL I: 8:40AM – 9:40AM
Protecting Your Client's Image: The Use of Intellectual Property Law to Represent a Client's Business and Personal Interests

PANEL II: 9:50AM – 10:50AM
Leveraging Social Media: Best Social Media Practices for the Entertainment and Sports Industries

PANELS III: 11:00AM – 12:00PM
The Year of Copyright Recapture: Analyzing the Music Industry's Response to a Change of Control in Ownership Rights

PANELS IV: 11:00AM – 12:00PM
Alternative Dispute Resolution in Professional and International Sports: The Role of Mediation, Arbitration, and Negotiation in Labor Issues

LUNCH AND KEYNOTE PANEL: 12:00PM – 2:00PM
The Stadium as a Center for Entertainment and Sports: An Overview of the Business and Legal Issues That Arise in Event Planning at the Modern Stadium

PANEL V: 2:00PM – 3:00PM
From the Television Screen to the Computer Screen: Distributing Entertainment and Sports Content in Today's Digital Age

TOUR OF THE BALLPARK: 3:00PM – 3:45PM

GAME VERSUS THE HOUSTON ASTROS: 7:10PM

The Following Speakers Are Confirmed

Jeff Gewirtz: Executive Vice President & Chief Legal Officer, Brooklyn Sports & Entertainment – Brooklyn, NY
Michael Yormark: President and Chief Executive Officer, Florida Panthers – South Florida
Derek Jackson: Vice President and General Counsel, Miami Marlins
Kathleen Carignan: Executive Director, LegalArt
Brad Rose: Partner, Pryor Cashman LLP
Steven Olenick: Associate, Davis & Gilbert LLP
Jaime Vining: Partner, Friedland Vining P.A.
Darren Heitner: Associate, Wolfe Law Miami, P.A.
Alan Fertel: Partner, Boyd & Jenerette
David Canter: President and Chief Executive Officer, DEC Management
Billy Corben: Director, Producer, and Founder of rakontur
Andrew Fine: Managing Director of Sports Media Consulting, RLR Associates
David Bercuson: Law Offices of David Bercuson, P.A.
Leslie Zigel: Partner, ZIGLAW
Stephen Carlisle: Stephen M. Carlisle, P.A.
Serona Elton: Assistant Professor of Music Business & Entertainment Industries, University of Miami
Dennis Curran: Senior Vice President & General Counsel, National Football League
Stephen Starks: Legal Affairs Director, United States Anti-Doping Agency
Scott Shapiro: Praver Shapiro Sports Management, Founder
Mike Santos: Assistant General Manager, Florida Panthers
Tony Agnone: Owner, Eastern Athletic Services
Jan Paulsson: Professor, University of Miami School of Law
Yaphett Powell: Director, Business & Legal Affairs, International & Emerging TV Networks, FOX – Los Angeles
David Schwartz: Vice President & Counsel, The Walt Disney Company
Karyn Smith-Forge: Vice President of Programming, FOX Television Studios
Fred Goldring: Founder, Goldring Strategies
Jose Sariego: Senior Vice President of Business & Legal Affairs, HBO Latin America Group

Sunday, March 11, 2012

The Irony That is March Madness

Now that “March Madness” is underway, two important articles this weekend highlight the irony that is big time college athletics in 2012. The first article, “Everybody Wants a Piece of Nerlens Noel” written by Pete Thamel in The New York Times, highlights the recruiting efforts by colleges for the services of a standout high school basketball player. This piece illustrates, in remarkable clarity, the fact that schools view athletes as commodities rather than potential student-athletes.

As a result, can it really be any surprise that advocates again discuss forming a union on behalf of these student-athletes? An article on Salon.com by Josh Eidelson entitled “Madness of March: NCAA Gets Paid, Players Don’t,” raises the concept of student-athletes unionizing. Rather than just arguing it’s a concept worth debating, Eidelson actually pushes the discussion by addressing the legal framework that so far has stifled this effort and offers some solutions.

Make no mistake, college athletics is an extremely lucrative business. Chasing revenue places pressure on schools to recruit elite student-athletes. Unfortunately, those same student-athletes have virtually no formal say in either their governing body (NCAA) or as an a collective body (union). Change is necessary.

Saturday, March 10, 2012

If Only Gregg Williams Were a Boxing Promoter

Why the Brewing Scandal Involving the St. Louis Rams’ Defensive Coordinator Would be a Non-Starter in Professional Boxing
 
Just a week or two ago, it was professional boxing’s turn again to come under international scrutiny following Dereck (Del Boy) Chisora’s antics both before and after his WBC Heavyweight Title bout with Vitali Klitschko. This week, however, it was the NFL taking the heat following the revelation that Gregg Williams, the new defensive coordinator for the St. Louis Rams, instituted a “bounty program” while in the employ of the Washington Redskins, the New Orleans Saints, and possibly others which involved financially rewarding defensive players for particularly damaging defensive plays. 

While the fall-out from the Williams scandal will inevitably lead to certain reforms being instituted within the NFL, such rewards are routine in professional boxing. Indeed, it is not unusual to see a promotional agreement which provides for additional compensation in the event that the boxer scores a knockout in a given bout. In two sports with rich histories of brutality, why is one under a potentially policy changing assault while the other continues on unscathed with its own bounty programs? 

Read on at this link.

Friday, March 9, 2012

The A's-Giants Dispute Over San Jose Continues

The on-going dispute between the Oakland Athletics and San Francisco Giants regarding the A's proposed relocation to San Jose (territory claimed by the Giants) is once again heating up this week (click here for an earlier 2009 post on the dispute). After patiently waiting three years for an MLB panel to resolve the matter, A's owner Lew Wolff went public Wednesday questioning the Giants' supposed claim to San Jose. The Giants franchise alleges that it controls the San Jose territory under a 1990 agreement in which the A's voluntarily relinquished their rights to Santa Clara County (which includes San Jose) so that the Giants could themselves relocate to the area.

However, Wolff issued a statement on Wednesday referencing the minutes of the relevant 1990 owners meeting, which he says clearly provide that the Giants' claim to Santa Clara County was contingent upon the team actually moving to the area. Because the Giants never left San Francisco, Wolff asserts that the Giants have no rightful claim to San Jose. The Giants disagree with Wolff's interpretation, issuing a statement arguing that the franchise's claim to Santa Clara County has been ratified in the MLB Constitution on multiple occasions since 1990. Indeed, if the Giants' claim to San Jose was as flimsy as the A's now allege, then MLB would likely have settled this dispute a couple years ago.

Frustrated by the delay, San Jose Councilman Sam Liccardo suggested on Wednesday that a reconsideration of baseball's antitrust exemption might be in order if the A's are unable to move to the city. The suggestion that the government should reevaluate baseball's antitrust exemption in light of the A's-Giants dispute is not unexpected, as the exemption has historically helped shield MLB's territorial restrictions from antitrust scrutiny. As I detailed in a recent paper, Congress has frequently threatened to revoke baseball's exemption in order to motivate MLB to make a variety of concessions. Liccardo's threat alone is unlikely to force MLB to allow the A's to move to San Jose, but that could change if a sufficient number of Congressional representatives become interested in the A's plight.

Some tips In world financial cirsis situation, save your financial condition

                    Some tips In world financial cirsis situation, save your financial condition
Banks serve a tremendous purpose in this world. They take in individual’s deposits and pool them in concert to afford them to businesses or those who need the assets instead of a custom opportunity they enjoy. This custom opportunity may possibly be a company with the intention of wants to open out or an specific who wants to purchase a family.

The more with the intention of inhabit save, the more money with the intention of is in the banking order and this increased money leads to more loans and more financially viable growth. This growth is natural and healthy since people's savings denote assets they may possibly handle in the prospect instead of more purchases. Thus, as a custom borrows more money and invests with the intention of assets to be able to manufacture more goods it is a smart decision since inhabit already enjoy more money saved to use on these goods.

This becomes a healthy circular formula with the intention of is summarized as such: "higher savings" leads to "more loans to businesses" which leads to "more custom investment" which leads to "great consumer choices" and of route more jobs are produced along the way which supplementary fuels the family self-assured.

Well, generally of us are aware with the intention of the rate of US savings was in fact unenthusiastic continue time, implication we spent more than we made. This is down from saving 7.5% of our salaries merely 30 years past. So we ensure with the intention of this current financially viable boom has not been built in the lead by people's savings.

On the other dispense, economies as well grow as fascinate tariff are synchronize artificially low as they were synchronize in the US. These low tariff spurred the real estate bubble to new-fangled, incredible prices by no means earlier than seen in the US and the planet. And the amazing feature is with the intention of here is thumbs down financially viable explanation instead of these in height family prices outside of the herd mentality thinking with the intention of prices will keep free up.

Well, we enjoy voted for with the intention of peak and are currently considering decreasing prices and increasing inventories of homes unfilled instead of garage sale.

The challenge with banks is with the intention of they understand trapped up in the herd mentality as well, increasing the amount of money they afford instead of inhabit to purchase homes. And not merely with the intention of, they are responsibility so in a riskier and riskier create using modifiable rate mortgages.

Currently, US money-making banks countenance incredible risks since ended 60% of their come to earning assets are mortgage-related!!! Let me say again with the intention of, ended 60% of US money-making bank's assets are mortgage allied - a postwar memo in height.

For example a upshot of the higher than risks faced by banks at all problems experience in the real estate promote would enjoy strong unenthusiastic ramifications instead of the US banking order. For example an model, the Japanese banking order was crippled past the boom of the 1980's as they concentrated much of their assets in real estate. Japan spent the following 14 years in an financially viable doldrum and is currently really commencement to ensure the light of calendar day.

Now with the intention of fascinate tariff are free up, and will take up again free up, inhabit who used modifiable mortgages are feeling the pinch of increasing monthly mortgage payments. For example a upshot, foreclosure tariff are up 38% ended continue time and bank's underside shape are feeling this pinch.

Billionaire maze Buffet recently understood with the intention of he has been studying hot layer balance sheets and is very concerned roughly the growing digit of defaults on their books.

The peak is with the intention of even though banks aren't prepared and well diversified it earnings with the intention of you must be even more so! How to arrange physically is discussed in point in the recently issued eReport entitled "Recession - How To Survive and Thrive".


Some tips to You to Choose A Bank

                                                Some tips to You to Choose A Bank 
People quite often make decisions impulsively, without considering the consequences. This can toil tolerable in several situations but it can be as long as back to bite you while dealing with pecuniary topics like stash, financing, refinancing, insurance and mortgages. To be a wise investor we must take several era to consider and know more re the place wherever we are open to deposit our money.

A very broad array of banks exist. Just to repute a the minority to facilitate you'll probably recognize; Citizen Bank, Well Fargo Bank, Region Bank and Scotia Banks.

Here are several guidelines to consider more willingly than choosing a swing round:

1. Location: While choosing a swing round, you be required to consider the location. If you want to access your swing round bill commonly at that moment you must vote for a swing round located approach to your trade place or quarters.

2. Availability of ATM Machines: Always vote for a swing round with a portly run to of ATM equipment close by. Also, regarding the ATM's you must ensure they can provide the following services: A) Do the ATM equipment allow you to finish deposits? B) Do they end printout statements of transaction made by you? Most see to at the moment but several countries can not. C) Can you order more checques through the ATM?

3. Telephone Banking: If you are a very diligent person and can not get to the swing round in the course of banking hours at that moment you must vote for a swing round, which can provide you with make a call banking services. With make a call banking you can finish transactions and check on your bill anytime of the calendar day. With the help of make a call banking you can see to the following operations:
A) Transfer money from your bill to remuneration efficacy bills.
B) Cancel contemporary transactions.
C) Order a further cheque manuscript.
D) Sign up in support of supplementary services like loans, recognition cards or appearance of recognition. 5. Internet Banking: Internet banking allows you to achieve the same services as make a call banking. But now inquiries and transactions can be through via a few internet connection through the banks website. If they gain solitary! So see to ask as it's a weighty convenience while wandering.

If you are searching a swing round in support of small trade, now are several guidelines to help you while choosing a swing round.
1. Again, consider the location and finish surely the swing round understands the nature of your trade to get together your rations. For case, if your run a picture rental trade that's candid dig midnight you can would like to see to in the wee small hours night or very in advance morning deposits. So in this pencil case ensure the swing round has a night deposit box.
2. Find off the transaction fees and don't suppose the fees are parallel to special accounts. Banks in general charge businesses way more due to the step up in transactions.
3. Find off the charge in support of small trade loans or appearance of recognition and the twirl around era to secure funding. You can discovery you’re self in a setting wherever you need an second the minority thousand or more to secure better pricing on bulk commands of provisions or something besides.

The more than record is in at this instant way exhaustive but a place to set in motion if you’re moral at this instant looking or bearing in mind a switch.

Some tips To Freedom finance

Now days it is nearly impossible today for the average family to thrive on a single income. However, the skyrocketing cost of outcome trouble makes it trying pro both parents to bring about. Fortunately, the internet has made making money online a apposite returns option lacking the need pro commuting or time trouble.

Making money online earnings much more than entering contests and sweepstakes; it is not uncommon to think it over a qualified create a family affair in notebook brainwashing, accounting, health check billing, and many other fields. Making money online has by no means been easier! All with the intention of is vital is a notebook, a dependable internet connection, and an perception.

Often era, the generally challenging task involved in making money online is appearance up with the exact perception. We're not all notebook programmers, mess developers, or content writers. However, we all be inflicted with approximately talent or skill with the intention of others will shell out pro. Making money online is as unadorned as figuring made known could you repeat that? You sort out well and deciding how to control with the intention of talent into an opportunity.

For model, a supporter of mine had little notebook experience, but was interested in making money online. I suggested with the intention of she think in this area could you repeat that? She enjoyed responsibility and using with the intention of as the basis pro her family affair. She understood with the intention of her utmost skill was the creation of unique domestic jewelry items. She hired a further family affair qualified (a mess designer) to build a website pro her and she is currently making money online promotion her jewelry creations.

Making money online by early a family affair is not the daunting task with the intention of many promising entrepreneurs take upon yourself. If you carefully consider your skills and talents and map made known how to control persons abilities on the internet, you'll be making money online in thumbs down calculate!

Thursday, March 8, 2012

Long term financing sources

Long term financing sources:

Arrangements of any firms in a business for period exceeding 10 years is usually considered as long term
financing.
• Reason for having long term finance:
1. Procurement of different fixed assets.
2. For setting up new business.
3. Expansion of the existing business.
4. Extension of the business.
5. Balancing and modernization of existing business.
The important sources of long term finances are:
1. Issue of shares
2. Issue of bonds
3. Loans from specialized financial institutions and
4. Plowing back/retained earnings of profit.

          term instruments are called in one sentence as corporate securities.
Ownership securities (shares)
Preferred shares and common shares(equity)
Corporate securities
Creditor ship securities (bonds)
Ownership securities:
Preference shares: Preference shares are those shares which have preferential rights to the payment of
dividend and to the return of capital in case of liquidation.
The features of preference shareholders are:
1. The dividend is fixed.
2. They receive the dividend before the common shareholders.
3. They receive their capital back before common shareholder and they get their capital back if
they are redeemable shares.
4. Preference shareholders do not have voting rights in company affairs.
The features of common/ordinary/equity shareholders are:
1. They do not have fixed rate of dividend.
2. They are entitled to dividend after preference shareholders.
3. Thirdly similar things happen in case of liquidation of the business.
4. Equity shares are always irredeemable.
5. They have voting rights in company affairs.
Creditor ship securities: Bond is one of the creditor ship securities.
Bond: Bond is a long term debt instruments in which the issuing company promises to pay interest
periodically at a stated rate of interest and the principal at maturity.
Features of Bond:
1. It has a face value.
2. It is followed by a coupon rate/interest rate.
3. There has to be maturity period.
4. The name of issuing company.
5. Date of issue.
6. Rights and privilege of issuing company and buyers.
[Note: The bond which have no interest rate but it is sold in less than face value of bond. After maturity
period it can be placed at face value.]
There are two legal protection for bond holders:
1. Bond indenture.
2. There is a trustee.
1. Bond indenture: It is a paper which have all features of band in printed document. It is a legal
documents stating the conditions under which the bond has been issued. It’s specifies both the rights
of the bond holders and obligations of the issuing company’s.
2. Trustee: A fixed party which guaranties the adherence of the conditions in the indenture. The trustee
acts as watch-dogs on behalf of the bond holders to protect their interest.
Types of bond: There are two types of bond. Such as- a) Secured and b) Unsecured bond.
a) Secured bond: It is categorized into three types. Such as—
• Mortgage bonds
• Collateral bonds
• Equipment bonds
b) Unsecured bond: It is two types. Such as-
• Debenture
• Sub-ordinate debenture
Cost of long term financing: The cost structure of long term financing is influenced by:
1. The maturity of the loan.
2. Size of the loan.
3. Financial creditability of the borrower.
4. Cost of funds to the lender.
Processing or issuing corporate long term securities:
1. New issues of long term securities are concerned with both new firms and existing firms. New issues
come to market through:
• Public issue.
• Direct placement.
• Special issues (right shares, bonus shares and employees shares).

Medium or Intermediate term financing

Medium/Intermediate term financing:

Normally any finance having maturity of more than one year but less than five years its consider
intermediate/medium/term financing. It has some characteristics which are given bellow:

1. Maturity one-five years.
2. Size of the loan is normally not very big but greater than short-term and less the long-term
finance.
3. Users of term/intermediate financing: Business: Business of all sizes need medium term finance.
Usually the firms which has not entrance to the capital market they can use medium term
financing by specialized banks, commercial banks etc. Normally the firm’s uses medium term
finance in terms of to finance their fixed assets.
4. Repayment procedure: Normally term loan/medium term loan are repaying by installments basis
but sometimes it is repaid by a single repayment. Repayment procedure depends on the
agreement between borrower and lender.
5. Security provision: Since term loan are for a longer periodic time and are use to purchase long
term assets, such as secured by there fixed assets.
6. Cost term: Normally cost of the term loan is its paid of interest. Normally rate of interest of term
loan is relatively less than long term financing but greater than the short term sources of
financing.


Types of intermediate/medium/term finance:
1. Bank term loan: Normally the commercial banks provides term loan for a period of one year or
more and it is back by repayment schedule.
2. Revolving credit: Revolving credit has two element of cost. One is regular interest on the
withdrawn portion and another is commitment fees that means undrawn portion.
3. Insurance company’s term loan: Insurance company could also be provides term loan.
4. Equipment financing:

Short term finance


Short term finance:

Short term finance usually refers to funds required for a period of less then 1 (one) year. It consists of
obligations of business that are expected to mature in one or less period time. Short term finance is needed to
meet variable and temporary working capital requirements or to finance the current assets need of the fund.
Short term finance could be two types:


1. Unsecured sources of short term finance.
2. Secured sources of short term finance.



1. Unsecured sources of short term finance: Unsecured sources of short term finance is consists of
funds raise by the firm without pledging any asset as collateral. Unsecured source of short term finance may
be three way. Such as,
• Spontaneous
• Banks
• Non banks
• Money market credit



Spontaneous:
Which raises automatically during the course of conducting the business. It has two subdivisions:
Account payables or trade credit and Accruals or accrued

Account payables or trade credit:                                                                                                                                          Accounts payables are created by a firm/business/company through
purchase of raw materials and other goods on “Open Account” or credit. No formal security is given for
such purchase, rather both parties signing a “Credit term”.
Accruals or accrued (arising from wage and tax A/C:
                        Accruals or accrued expenses represent these items
that have already incurred but not yet paid. Wages or Tax dues are the examples of such sources. Such
sources of financing are costless to a fund.


Banks:
This source of financing is called negotiated unsecured finance from the banks. Which are
following types:-
• Notes
• Line of credit
• Revolving credit

Notes: A single payment loan given by a bank to a credit worthy customer. This is also called one short deal.
Where any customer needs urgent additional funds for a vary short time may approaches to a bank and the
document against which the loan is given has to be signed by the customer is called notes.
Line of credit: It is an agreement between the bank and a business/ a customer which ensures the client to
provide short term unsecured loans to a borrower subject to availability of sufficient fund in the bank.
Normally there is a limit of credit mentioned in the agreement. The borrower can draw and deposit within
the limit for a specified period.
Revolving credit:
It is a granted Line of credit.
Money market credit: It may be two type of:
• Commercial paper
• Banks acceptance

Commercial paper: It is an unsecured short term source of finance. It’s also like short term bond and
maturity days will be 290 days. Blue chips company issue this type of commercial paper. Blue chips
company is famous company which have large price of their product also popularity of products.
Banks acceptance: When commercial paper issued by banks then its called banks acceptance.




2. Secured sources of short-term finance:
Normally there are three sources:
a) Bills/Accounts receivables
b) Use of Inventory

a) Bills/Accounts receivables: Two commonly used means of obtaining short-term financing with accounts
receivables are pledging accounts receivable and factoring accounts/bills receivable.
A pledge of accounts receivable is often used to secure a short-term finance. Because accounts
receivable are normally quite liquid, they are an attractive form of short-term loan collateral.
Discounting/selling the bills to some of financing institutes is called financing by factoring
accounts/bills receivable. Factoring is exercise by some specialized financial institutes or banks. Factoring
means buy the bills at discounted rate and receiving the full proceeds by the factoring issues of maturity.
b) Use of inventory: Inventory has three materials:
• Raw materials
• Working capitals
• Finish goods