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Speaker 1: All ras.

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Speaker 2: Each time to check in with Preston and Garrett Handy

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of Handy and Handy for Sports Court. Handy and Handy

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them online at Handy Law Utah dot com. Big Firm Experience,

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ESPN the Fan, I'm betrial broadcasting from our Vanderwill Studios

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is top for Little Sports Court one of my favorite segments,

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Know IF's answer?

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Speaker 4: Butts about It?

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Speaker 3: Stop to play Judge and Jerry, what's the verdict on

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the biggest headlines in sports and law. Time for a

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Little Sports Court, brought to you by our good friends

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at Handy and Handy, Big Firm Experience, Small Firm Attention.

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Each week we're breaking down the real life legal drama,

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intersecting with your favorite athletes, teams, and leagues, from contract

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disputes and iokaos, sideline scandals and courtroom battles. We're down

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a deep with Utah's most trusted injury attorneys. We've got

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Garrett and Preston Handy on the line. Gentlemen, how are

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you guys doing today?

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Speaker 5: Hey?

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Speaker 1: Ben?

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Speaker 5: Doing well?

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Speaker 1: How you doing doing good? Ben?

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Speaker 5: Hey?

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Speaker 4: It's the holiday seasons, guys.

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Speaker 3: Grateful for you and grateful for Christmas, Grateful for this

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wonderful time of the year, and grateful that you guys

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can provide some knowledge here in this sports Court segment

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brought to you by Handy and Handy Handylawutah dot Com.

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Let's start off with this news and notes. How about

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this Michael Jordan, best basketball player, the Goat. He's obviously

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gotten into NASCAR and he's settled an anti trust lawsuit.

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Speaker 4: Writer.

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Speaker 3: NASCAR has rather settled at anti trust lawsuit with MJ's

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team in midst of the trial. MJ and NASCAR chairman

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testified earlier this week, I believe give us an update.

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Speaker 5: Yeah, so this has been going over a couple of years,

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and on our sports court we've learned quite a bit

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about NASCAR and the way it operate. And you know,

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the background is NASCAR is a family owned group that

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is private and it provides charters to teams that want

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to race a NASCAR and our guy, Michael Jordan, he's

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a part owner and a couple of teams and as

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we know, he's an ultra ultra competitive Well, a couple

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of years back, he filed a lawsuit against NASCAR and

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he challenged them, probably something that teams in the past

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had wanted to do, but here you've got a billionaire

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who said, hey, I'm going to challenge this, and what

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his claim was is the way they were running things

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violated antitrust. They were operating as a monopoly because they

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had non compete agreements, they had charters that they controlled,

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they had multi year contracts, they required their teams to

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sign releases of claims, kind of meaning that they could

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not sue them. Well, Michael Jordan sued him, and NASCAR

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they kind of came back and said, well, wait a minute,

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we provide financial stability, we provide benefits to our charters.

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And throughout this litigation, Michael Jordan's teams they lost a

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lot of it. They were making claims and file motions

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and the judge didn't agree with Michael Jordan's teams. But

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it goes along. They try to settle it. But guess what,

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it makes it to trial. And a lot of cases

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are settled well before trial, but this thing actually made

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it to trial and it's about a week and a

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half into trial. As part of the trial, Michael Jordan's

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actually he actually testified and some of the things he said,

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he goes, I really had no choice. I had to

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do this for everyone, he said. I wasn't afraid to

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take on NASCAR. He said someone had to step forward

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and challenge the entity. I sat in those meetings with

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the longtaime owners and was browbeaten for so many years

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that we needed to make a change, and I wasn't

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afraid I could challenge NASCAR with my resources. Well, the

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chairman of NASCAR also testified at trial, and he was

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very bullish, kind of saying, this is our system. You know,

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I haven't changed my opinion on the charters. This is

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how we've operated for years and years. This is an

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eighty one year old guy. Hard to teach an old

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dog a new trick. He wasn't you know, surprisingly hadn't

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been challenged for years, but he was really stuck on

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his position. Well, here a week and having to trial,

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and incidentally, the judge came out and said, you know,

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I don't see an end of this trial. This thing

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is frustrated. It's going to go on forever and never Well.

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Breaking news today it comes out that the parties have

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reached an agreement and settled it. We don't know the

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terms of the settlement, but it basically came out and

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said that the statements were that let's see that this

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allows the parties to move forward with a unified focus

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on advancing stock car racing and delivering an exceptional competition

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for our fans. Now, they really didn't want to look

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at a potential loss that Nascara said. This was about progress. Teams,

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drivers and partners will have stability and opportunity they deserve.

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Now this outcome gives all parties the flexibility and confidence

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to continue delivering unforgetting racing moments for our fans. Well,

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that comes as a shock, you know. And I think

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this is a real victory for Michael Jordan's teams, but

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also for all the teams. You know that it's going

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to give them a little say and some flexibility. I

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think that the NASCAR chairman, he probably caught win. We've

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talked about. I think NASCAR had a lot to lose,

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but I think he caught win. That MJ's undefeated in

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the finals, and that might have worried him a little bit.

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But we've got a settlement. It's you know, a lot

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of cases don't make the trial and a lot of

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them don't settle at the time of trial. But apparently

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something swung that NASCAR wanted to settle the deal.

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Speaker 4: Yeah, what swung?

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Speaker 3: Do you think if you were, I know, you're not

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as lawyers, you're not supposed to have any sort of

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conjecture here in radio world, We're like, well, what if this?

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Speaker 4: What if that? What do you make of it?

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Speaker 5: Well? I think it was before trial. I think the

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writing was on the wall that you know, anti trust

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rules and monopoly rules. This kind of fit squarely into

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that that it didn't allow fair competition, you know, going

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to get sponsorships and all that kind of thing. The

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teams all had to kind of operate under this NASCAR umbrella,

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and they were, you know, they didn't want to lose

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their charters, so they basically agreed to these you know,

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kind of tight terms and you know, and Jordan had

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Jeffrey Kessler, who's the king of anti trust in sports law.

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And I think even though Jordan lost a lot of

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these motions along the way, the writing was on the

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wall that potentially there could be And I think NASCAR

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sage is a big risk, you know, because if Jordan loses,

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guess what, he's just back to square one, right, Oh,

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we're just going to operate in this system. And okay,

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and you know, but there could have been appeals. For sure,

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there would have been appeals by either side. So reaching

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an agreement between the parties is good because they'll incan deal.

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We don't know any of the details of that, and

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we might even hear word that, oh they're frustrated now

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because they can't come to terms on that, and they

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might have to go back to the judge on these things.

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But I think NASCAR saw the writing on the wall.

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Speaker 4: Interesting moves. Let's move on over to college football.

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Speaker 3: Michigan's head coach Sean Moore was arrested for a sold

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after being fired for cause. He's going to be arranged tomorrow.

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This is a chaotic one. This is a crazy one.

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Give us the latest.

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Speaker 1: Hey, yeah, it is a crazy one. And this is

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all happening within the last twenty four hours. But what

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we've learned is that Sean Moore a was fired from his.

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Speaker 5: Job for cause. I can talk about that a little

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bit more.

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Speaker 1: But fired from his job for cause and then also

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arrested on suspicion of a sexual assault and in jail.

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So tomorrow he has an arraignment where he will appear

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and face these charges. Kind of a preliminary thing that

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happens in a criminal case, and so we don't know

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a ton yet. All we know is that this involved

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an inappropriate relationship with a staff and so from University

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of Michigan standpoint, you know that constituted, you know, a

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fireboll of sense that they could fire him for cause,

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and what that means is they get out of his

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contract for paying him anything. Some some nine to one

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one calls were just recently released because it's been hard

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to find anything on the underlying allegations with this staffer

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and what happened. But one of the nine to one

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one calls indicated that he'd been stocking her for months,

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I think is what the caller said, and then he

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had a knife something about that. And then the other

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call was really involved came from it looks like his wife,

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who indicated that he was suicidal over losing his job.

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And so we've also learned that he's been placed on

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a mental health watch of some sort of suicide watch. So, uh,

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sad story. Things are really raveling for Sean Moore after

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a nine to three season at Michigan where things were

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looking on, you know, on the rise there. But like

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I said, tomorrow with with the arraignment, where we're going

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to know probably a lot more after.

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Speaker 3: Tomorrow, man, sad sad dealings. Right, you can go from

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top to bottom real quick. You got to keep the

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trauma limited. The uh you know, there's some rules in

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life that you need to abide by to stay out

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of the uh, the negative the negative limelight, if you will.

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So hopefully everything turns out okay. But I feel for

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his family and his children.

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Speaker 1: Uh.

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Speaker 3: And so let's uh, I don't know what's going to

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happen tomorrow. Then, I mean, they're going to be a

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rain tomorrow. So what what's the next proceedings in this

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uh uh this more case?

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Speaker 1: Would you say, Well, those charges are going to be

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read to him. He's going to have a chance to

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plead guilty or not guilty. I assume he's gonna plead

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not guilty. I think we'll see that. So I'm sure

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he's should be consulting with counsel at this point to

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talk about that. But again, these are just the preliminary

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stages in the criminal case against him. Not to say

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there couldn't even be on the other side of civil

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case with the University of Michigan. But you know, they

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were pretty quick to pull the trigger on this and

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and just fire him and not wait for any kind

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of outcome. I mean, there was some indication that this

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investigation had been going on for some months or weeks, right,

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that they'd known about this relationship or didn't know. And

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I mean those are kind of some of the things

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that will happen on the you know, sort of the

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personnel side of this with the University of Michigan, But

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the criminal side, it's a totally different animal.

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Speaker 3: Let's get over to well, staying on the gridiron, Georgia

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seeks to sue to recover four hundred thousand dollars for

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nil deal reach from an edge rusher who transferred Tomsy.

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We wondered kind of like how they if there would

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be any sort of accountability on the Nile front when

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these agreements, these deals go awry give us the latest

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on this one.

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Speaker 5: Yeah, I mean, you know these are these nil contracts

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or contracts, right, and in contracts, both parties have responsibilities.

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You know, the player wants to get paid. If he

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wasn't get paid, we'd sure hear about it, wouldn't we

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If he wasn't getting his checks, we'd absolutely hear about.

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But this is an interesting one. It involves a player,

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Damon Wilson, who in twenty twenty four played for Georgia.

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Was a pretty good player, and at the end of

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twenty twenty four he an nil bill with Georgia with

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what's called Classic City Collective, which was at that time

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Georgia's you know, collective group, for five hundred thousand dollars

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to be paid in fourteen payments of roughly thirty four

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thirty to forty thousand dollars payment. After the first of

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the year, he all of a sudden bounces to Missouri

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to go play and he played from this whole last

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season and actually he played pretty good. He had a

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really good nine sacks, nine and a half tackles for loss.

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And what Georgia decided to do they decided to sue

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him and your first thought is, well, they're suing him

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because he got five hundred grand and didn't play for him.

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Well that's not the case. He only got one payment,

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so essentially thirty grand. And then he left, and I'm

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sure he took a deal with Missouri, which probably was

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as good or better than that. And now Georgia is

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suing him, and the basis for it isn't their actual damage.

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They're suon him based on a clause in the contract

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for liquidated damages. And this is this is really interesting.

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And then I caught l contract. But in many contracts

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there is a liquid damage clause that says, if either

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of you breach this and we can't really ascertain the damages,

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you have to pay x amount. We're just setting it here,

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and everyone agrees to it, realizing we're coming into this

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in good faith. We're all gonna work hard to keep

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the contract going. But if one of us doesn't do it,

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you know, then I have to pay this amount in

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addition to the reach I got to pay this amount. Well,

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that was in his contract in Georgia. Surprisingly, it's not

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a really great look. Is going after him for four

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hundred thousand dollars And I don't know how this, Well,

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I do think I know what it turns out. I'll

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bet Georgia drops this lawsuit. But maybe they're trying to

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make a statement. Maybe they're mad that he had a

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bunch of sacks against Georgia this year and really put

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him to the task. I don't know.

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Speaker 4: Yeah, you wonder.

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Speaker 3: I mean there's definitely a little enmity that is created

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when you know these deals go awry, and you know

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you want to see there's got to be some sort accountability, right.

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I don't know what the legality of it is, but

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they're gonna try it and then set a precedent. Has

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there been any precedent set for these bleached nil deals yet?

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Speaker 5: Well, we've seen one before and it didn't go well

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for the university. This is kind of the person we're seeing,

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and I'm the prize Georgia is doing it in this case. Now,

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if they'd had made him a big payment, like let's

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say that the deal had been structured at we're going

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to pay you a two hundred and fifty grand now

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and then spread the rest of them out over fourteen months,

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but they didn't. He only got thirty thousand dollars. So

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really their real damage is thirty thousand dollars in losing

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a good player. Some of the president is when coaches

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leave they have two years left on the contract or whatever.

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Universities don't come after them and say, hey, wait a minute,

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there was you know this mouth And apparently I think

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the lawyers are the agents looking at this, they probably

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should have said, hey, we can't agree to a liquidated

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damage clause, because what happens today in world, in the

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world of college football, players are unpredictable, They're fickle. They

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jump as quick as they can when another deal comes,

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and you can't keep track of it, you know, especially

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when there were so many transfer portal windows last year.

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I think it's now just one window. But yeah, the

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agent agreeing to that is it's kind of a problem,

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you know. I mean, from a contract standpoint, Georgia may

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have a legitimate argument, you know, but from a damage standpoint,

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they don't. So we'll see.

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Speaker 3: Okay, we'll see how that plays out. Let's move on

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to Congress. They cancel vote on the Score Act for

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now courts have control. What is the Score Act and

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why does this matter?

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Speaker 4: Jens?

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Speaker 1: Well, the Score Act stands for the Student Compensation and

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Opportunity Through Rights and Endorsements Act. This is Congress's effort

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to try to rein in all of the chaos in

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college sports right and try to put in place some

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legislation so that we can have some stability, some predictability

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in college sports, especially in these areas of nil transferportal,

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this sort of thing. But one of the big things

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that the law would have done is it would have

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given antitrust protection to the NCAA and anti trust protection,

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something that we've seen in other major league sports where

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you have collective bargaining and that sort of thing, and

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you know, these are employees. College is different. They're not employees.

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That the law, this SCORE Act, would also say that

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they're not employees. College athletes are not employees. And so

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it looked like for a little while that there was

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some bipartisan support for this bill, that maybe it was

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gonna you know, we're going to get it was going

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to get some traction. But it's been tabled. Now they're

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going to kick the can down the road. Maybe that's

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not a surprise to people to hear that, but I

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thought this was an interesting stat then that since twenty twenty,

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more than forty bills have been introduced into Congress to

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try to reform college sports. None of them have passed

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into law, and so it's a real uphill battle. Even

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if it is bipartisan, and even if everybody's frustrated and

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wants to see some stability in college sports, this may

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not be the way to do it. We may need to,

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you know, we may need to have the n CUBA,

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00:17:02,559 --> 00:17:05,480
the schools, the conferences need to get together and put

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together their own, you know, their own laws to live

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by that aren't going to run a foul of antitrust

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laws because because that seems to be where all the

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trouble comes up and all the you know, constant lawsuits

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that we see against against the cub A crazy times.

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Speaker 3: One of the craziest things that happened in college athletics

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will occurred here in the state of Utah.

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Speaker 4: This week.

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Speaker 3: Utah made a deal with the devil I'm kidding, Private

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Equity and OTRO Capital there.

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Speaker 4: You know, this is crazy.

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Speaker 3: Give me a brief background of what you guys know

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about this deal and then we'll get into some of

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the legality of it all.

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Speaker 5: Well, yeah, I mean, I don't know a lot about

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the deal, only what I've read and that is that,

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you know, breaking news. UNI rec of Utah Athletic Department

342
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entered into it. They created a for profit company called

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Utah Brands and Entertainment, and they would control ticketing, sponsorships, events,

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And they entered into a deal with Outro Capital, a

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private equity firm in New York, a firm that has

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experience in the sports world in investing in teams and

347
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leagues and that type of thing. And you know, the

348
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firms are there. They're going to get five hundred million

349
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in capital. And you know, obviously the thing motivating this

350
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is to try competitive in this. I hate that we

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even talk about this in this college football world that

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you know that that's what it comes has come down to.

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I'm a grumpy old man who liked the old system,

354
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you know. But I think the NCAA did. I think

355
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the NCAA didn't handle it correctly. They should have got

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ahead of it and players received compensation in some form

357
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or another. But you know, so we don't know a

358
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lot about this. The terms are basically that there'll be

359
00:18:55,680 --> 00:18:57,119
a I think one of the big things that saw

360
00:18:57,200 --> 00:18:58,880
me I said, well, who has control of this and

361
00:18:58,960 --> 00:19:03,039
I'll talk about it is the board is gonna be

362
00:19:03,039 --> 00:19:05,039
seven members. It's going to be the ad of the U,

363
00:19:05,559 --> 00:19:09,720
three Foundation members, two Ultra Capital members, and then a

364
00:19:10,000 --> 00:19:13,519
h an investor member or something, you know, And I

365
00:19:13,599 --> 00:19:16,880
think the U maintains control of this, That's what it's

366
00:19:17,000 --> 00:19:17,759
kind of looking at.

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Speaker 4: You know.

368
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Speaker 5: And so, uh, it's going to change some of the

369
00:19:21,519 --> 00:19:24,680
booster issues. You know, Apparently there's a chance to if

370
00:19:24,759 --> 00:19:28,359
you are qualified investor, you can invest in the uh,

371
00:19:28,920 --> 00:19:31,400
you know, the entered sport Utah brands and entertainment. You know,

372
00:19:31,599 --> 00:19:35,440
like any other investment, it's a big wait and see.

373
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Speaker 3: You know on this.

374
00:19:36,160 --> 00:19:38,400
Speaker 5: You know, there's a lot of legalities that will go

375
00:19:38,480 --> 00:19:41,960
into setting this up, obviously the transaction of that. But

376
00:19:42,119 --> 00:19:44,240
you know, just it was just kind of it's probably

377
00:19:44,359 --> 00:19:48,720
much to do it about nothing but thinking about some legalities.

378
00:19:48,759 --> 00:19:51,039
And the reason this came up is because a legislator

379
00:19:52,079 --> 00:19:55,880
don't even know who it was, injected humor herself into

380
00:19:55,960 --> 00:19:59,640
the conversation by saying, well, wait, wait a minute, did

381
00:19:59,680 --> 00:20:01,599
the you really just do this without going through the

382
00:20:01,720 --> 00:20:05,640
normal processes? Did we just sell off a part of

383
00:20:05,720 --> 00:20:10,039
our state agency to private equity? And I think what

384
00:20:10,160 --> 00:20:12,640
they're staying there from the legal standpoint is there are

385
00:20:12,720 --> 00:20:17,519
processes when state agencies enter into contracts. You know, for example,

386
00:20:17,559 --> 00:20:20,200
if it's U DOT and there's a big project, they

387
00:20:20,319 --> 00:20:22,960
send it out to a bunch of contracting groups that

388
00:20:23,480 --> 00:20:25,079
want to do the work, and you know, and there's

389
00:20:25,119 --> 00:20:29,000
probably a bidding process that they have to do by law,

390
00:20:29,240 --> 00:20:31,720
and so did they comply with that? I don't know.

391
00:20:31,960 --> 00:20:34,920
Maybe it hasn't been a done deal yet. And you know,

392
00:20:35,759 --> 00:20:38,119
if there's a lot of Utah fans on the legislature,

393
00:20:38,559 --> 00:20:41,240
they'll be in favor of it. But you know, then

394
00:20:41,400 --> 00:20:44,240
what happens if private equity comes in and says, hey,

395
00:20:44,319 --> 00:20:46,359
we need to pay these people less, we need to

396
00:20:46,440 --> 00:20:49,160
skinny down these staffs. People get fired and lose their

397
00:20:49,240 --> 00:20:52,960
jobs of state agencies. Does that create legal issues? I

398
00:20:53,039 --> 00:20:55,920
don't know. I'm just thinking like a lawyer and throwing

399
00:20:55,960 --> 00:20:59,720
these potential legal issues out there. But it's probably the

400
00:20:59,759 --> 00:21:02,160
way of the future. I don't think the University of

401
00:21:02,279 --> 00:21:05,480
Utah is the Uh. They're the first, but not the

402
00:21:05,599 --> 00:21:09,160
last school to to jump into this realm, you know,

403
00:21:09,279 --> 00:21:11,599
and uh, I think you know, some schools have a

404
00:21:11,680 --> 00:21:16,119
bunch of billionaires that are gonna stay invested in it,

405
00:21:16,279 --> 00:21:19,359
like Texas Tech guy. I think he's just committed to it,

406
00:21:19,440 --> 00:21:21,759
and so maybe they don't need to go down that road.

407
00:21:21,799 --> 00:21:23,119
But it's really an interesting deal.

408
00:21:24,920 --> 00:21:27,880
Speaker 4: Well it's uh, it's very much intriguing to me.

409
00:21:28,000 --> 00:21:31,880
Speaker 3: And like the you know, the Title nine component to

410
00:21:32,000 --> 00:21:34,759
this is intriguing to me as well, because if you

411
00:21:34,960 --> 00:21:39,400
separate football from everybody else, you know, for it's a

412
00:21:39,519 --> 00:21:42,519
for profit entity. I don't know how that how that

413
00:21:42,759 --> 00:21:45,880
works with scholarships and and things of that nature.

414
00:21:46,000 --> 00:21:48,200
Speaker 4: So very much intrigued by guys.

415
00:21:48,440 --> 00:21:51,519
Speaker 5: Go ahead, you hire you hire Jane as a placekicker,

416
00:21:52,319 --> 00:21:53,880
and then that'll take care of it.

417
00:21:54,359 --> 00:21:55,759
Speaker 4: Okay, Yeah, that's it.

418
00:21:58,359 --> 00:22:02,079
Speaker 5: Issues. Private equity certainly isn't thinking about Title nine. And

419
00:22:02,160 --> 00:22:05,720
that's something that public universities who receive federal funding, you know,

420
00:22:06,319 --> 00:22:08,759
could come into play totally. Because this is what I think,

421
00:22:09,039 --> 00:22:12,079
this is really all about football. Right, What if private

422
00:22:12,240 --> 00:22:13,960
probably equity comes in and says, hey, you know what

423
00:22:14,759 --> 00:22:18,079
that national championships ski team of yours that's been making

424
00:22:18,160 --> 00:22:21,039
national championships for years and years, we need to cut that.

425
00:22:21,640 --> 00:22:24,200
You know, that's not bringing any money. You know again,

426
00:22:24,599 --> 00:22:29,039
anybody coming in on this, I'm just hypothesizing speculating someone

427
00:22:29,119 --> 00:22:31,119
might go out there, Oh my gosh, the you's cutting

428
00:22:31,119 --> 00:22:33,119
their ski program. They're not everybody, They're not.

429
00:22:34,440 --> 00:22:35,160
Speaker 4: Love it, guys.

430
00:22:35,480 --> 00:22:37,680
Speaker 3: That's the verdict on this week's session of sports Sports

431
00:22:37,759 --> 00:22:39,559
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Speaker 4: Guys, big thanks to Garrett and President Handy for joining

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us today. And remember, if you've been injured, you're not alone.

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Speaker 3: You got representation here at Handy and Handy eight oh

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Speaker 4: That's Handylawutah dot com.

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Speaker 3: Much love, much appreciation to you, guys, thanks so much

443
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for joining us once again for a sports Scort segment.

444
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Speaker 1: Jents, Thanks Ben, Thanks Ben Diego.

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Speaker 3: That's Garrett and Press and Handyhandylawutah dot Com eight oh

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