Friday, March 2, 20189 – 9:30 a.m Check-in

9:30 a.m – 3:15 p.m. Program Costantino Room

Co-sponsored by The New York State Bar Association’s Entertainment,

Arts and Sports Law Section NYSBA EASL

Fordham Sports Law Forum 22nd Annual Symposium

9 – 9:30 a.m. Check-in

9:30 a.m. Welcome Remarks Dean Matthew Diller

9:30 – 10:10 a.m. Morning Keynote Jeff Gewirtz

10:20 – 11:20 a.m. Suspensions in Professional Sports Panelists: Jeffrey L. Kessler and Jaia Thomas Moderator: John D. Feerick

11:20 a.m. – 12:20 p.m. Sports Gambling Panelists: Daniel Wallach, Keith Miller, and Darren Heitner Moderator: Jodi Balsam

12:20 – 1:15 p.m. Lunch Break

1:15 – 2:15 p.m. Recent NCAA Violations Panelists: Mark Conrad, Thomas Baker, and Warren Zola Moderator: Steve Sparling

2:15 – 3:00 p.m. Afternoon Keynote Andrew Brandt

3:10 p.m. Closing

Thomas A. Baker IIIAssociate Professor, University of GeorgiaThomas A. Baker III (tab3@uga.edu, @DrTab3) is a tenured associate professor of sport law at the International Center for Sport Management (ICSM), University of Georgia. He is also the editor-in-chief for the Journal of Legal Aspects of Sport (JLAS), the only peer-reviewed sport law journal in the United States. Baker’s research primarily focuses on the ap-plication of law to sport, and within that focus he specializes in how commercial laws influence sport, such as legal issues concerning brand/image management and the regulation of marketing through advertisements and social media. He also conducts injury prevention research that focuses on the risk of sexual violence in sports, with a particular focus on meth-ods for preventing violence against children. Baker has more than 50 scholarly publications and has written extensively on the influence of law on student-athlete regulations. His research has been featured in almost all the leading sport law reviews and journals, including multiple articles in JLAS and the Marquette Sport Law Review. He has also published in prestigious sport management journals such as the Journal of Sport Management and Sport Marketing Quarterly. Bak-er’s research on antitrust law has been cited by the Kentucky

Supreme Court in Jamgotchian v. Kentucky Horse Racing Commission, and he co-authored an amicus curiae brief on behalf of sport management professors that was submitted to the 9th Circuit, in O’Bannon v. NCAA.

Baker received his Ph.D. from the University of Florida, where he was a Dr. Charles W. LaPradd fellow. He earned his J.D. from Loyola University of New Orleans School of Law, where he graduated in the top 10 percent of his class and earned the distinction of William L. Crowe, Sr., Scholar.

Andrew BrandtExecutive Director, Moorad Center for the Study of Sports Law, Villanova University Law School; Columnist, Sports Illustrated and The Athletic; Host, “The Business of Sports” podcast; Sports Business and Legal Analyst, ESPNAndrew Brandt has established himself as one of the most respected national voices in sports and sports business. He provides truly insightful perspectives in all forms of media and in academia.

Brandt writes regular columns for both “MMQB” (on si.com) and The Athletic (theathletic.com), providing his unique insight as a former agent and team executive, breaking down often-complex topics and making them understandable and digestible for mass audiences. Brandt’s must-read columns take readers behind the curtain to see the inner workings of sports. Brandt also provides regular contributions to Sports Illustrated magazine.

Brandt is also executive director of the Jeffrey S. Moorad Center for the Study of Sports Law at Villanova Uni-versity Law School. He leads and directs the premier program in the country in sports law, business, thought, and policy. The Moorad Center has become a destination program for students interested in working in sports. Brandt uses his vast practical, real-world experience to guide and inspire students, develop courses both on-ground and online, and host leading sports industry professionals visiting the center. Brandt’s Moorad Symposium has become a signature event on the sports event calendar, regularly making news from its leading panelists and speakers.

Brandt also hosts a weekly “Business of Sports” podcast with differentiated content from Brandt and his impressive list of sports industry leaders and newsmakers. Podcast guests have included Aaron Rodgers, superagent Tom Condon, Atlanta Falcons president Rich McKay, Draft-Kings CEO Jason Robins, lawyer Jeffrey Kessler, Los Angeles Chargers president John Spanos, and many more. The unique podcast has found a niche in the marketplace, with thousands of subscribers and several recurring sponsors.

Brandt provided sports business and legal analysis for ESPN from February 2011 to May 2017, making viewers smarter about the business and legal aspects of sports. Brandt appeared regularly on all ESPN studio shows and plat-forms such as SportsCenter, Outside the Lines, NFL Insiders, NFL Live, Late Night with Scott Van Pelt, ESPN Radio, and more. Brandt has also appeared on ABC News, NBC News, CBS News, CNN, Fox News, MSNBC, CNBC, Bloomberg, and various documentaries discussing sports issues in-depth.

Brandt’s two and a half decades in professional foot-ball are split evenly between working in team management and player representation. He spent nine years (1999–2008) as vice president of the Green Bay Packers, where he handled legal and business affairs for the team’s football operations, negotiated all player contracts, and managed the team’s NFL salary cap. Brandt’s skillful management earned him professional acclaim within the league. The highlights of his Packers tenure include the franchise hosting the NFC Championship Game in 2008 and his negotiating contracts for most of the players, who eventually led Green Bay to continue its run of sustained success with victory in Super Bowl XLV.

Early in his career, Brandt worked for ProServ Inc., where he represented marquee athletes such as Michael

Jordan, Boomer Esiason, and Arthur Ashe. He left ProServ in 1990 to become the general manager of the NFL World League’s Barcelona Dragons, leading the team through its appearance in the inaugural World Bowl in 1991 at London’s Wembley Stadium. At the time, he was the youngest GM in professional sports.

Following the World League, Brandt returned to player representation for Woolf Associates in Boston, represent-ing NFL players including quarterback Matt Hasselbeck, Super Bowl champion kicker Adam Vinatieri, and Heisman Trophy-winning running back Ricky Williams. He left Woolf to join the Packers in 1999.

In 2008, Brandt, in collaboration with other NFL insiders, launched National Football Post (www.nationalfoot-ballpost.com)—a leading online resource and publication fo-cusing on NFL business news and statistical analysis. Brandt was also a full-time lecturer at the University of Pennsylva-nia’s Wharton School of Business, where he taught classes on sports law and others on sports business and negotiations, and his academic work earned him the prestigious William G. Whitney Award for excellence in undergraduate teaching.

A native of Washington, D.C., Brandt now lives outside of Philadelphia and is married with two sons, Sam and Max. His interests include playing jazz piano and competing in running races and triathlons.

Mark ConradAssociate Professor of Law and Ethics, Fordham Gabelli School of BusinessMark Conrad is an associate professor of law and ethics at Fordham University’s Gabelli School of Business, where he directs its sports business concentration. In addition to teaching sports law, he has also taught courses covering contracts, business organizations, and media law.

Conrad’s books and articles have appeared in academic, legal, and general circulation publications. His book The Business of Sports: Off the Field, in the Office, on the News (Routledge/Taylor and Francis, 2017) has been cited in leading journals as one of the most comprehensive texts on the subject. He has also published in academic and nonacademic journals on various sports law topics, including governance issues, intellectual property, collegiate issues, and international issues. In addition to his full-time respon-sibilities at Fordham, Conrad has served as adjunct professor at Columbia University’s Sports Management Program, St. John’s University’s LLM in international sports law practice, and New York Law School. He has lectured at Northwestern University’s campus in Doha, Qatar, and has appeared on panels and symposia at Duke University School of Law, the University of Virginia School of Law, and the law schools of Fordham, Pace, Hofstra, DePaul, and Arizona State universi-ties. He served as president of the Sport and Recreation Law Association from 2014 to 2015 and now is president of the Alliance for Sport Business.

Conrad has been quoted in the New York Times, Boston Globe, and Chicago Tribune and has appeared on CNN, Bloomberg TV, and i24News.

Conrad received his B.A. from City College of New York. After receiving his law degree, he earned an M.S. from Columbia University’s Graduate School of Journalism. He is a member of the New York and District of Columbia bars and resides in New York City.

You may follow him on Twitter at @Sportslaw1.

John D. Feerick Founder and Senior Counsel, Feerick Center for Social JusticeJohn D. Feerick, the founder and senior counsel of the Feerick Center for Social Justice, was the dean of Fordham Law School from 1982 to 2002. He has held the Sidney C. Norris Chair of Law in Public Service since 2004 and was the Leon-ard F. Manning Professor of Law from 2002 to 2004. Feerick began his career at Skadden, Arps, Slate, Meagher & Flom; he

spent 21 years (1961–1982) there, developing and heading up their labor department.

Feerick has been a dedicated public servant through-out his career. Most recently, he has served as a member of the three-person special master panel in the McCain home-less family rights litigation (2003–2005), was appointed to a three-member referee panel in Campaign for Fiscal Equity v. State of New York (concerning education equity, 2003), and was the chair of the Commission to Promote Public Confidence in Judicial Elections (2003). From April 2007 to February 2009, Feerick served as chair of the New York State Commission on Public Integrity. He is the co-chair of the Chief Judge Advisory Council in the Attorney Emeritus Program. Previously, Feerick was president of the Association of the Bar of the City of New York (1992–1994), chair of the New York State Commission on Government Integrity (1987–1990), and president of the Citizens Union Foundation (1987–1999).

Jeffrey B. GewirtzExecutive Vice President of Business Affairs; Chief Legal & Compliance Officer, Brooklyn Sports & EntertainmentJeff Gewirtz is the executive vice president of business affairs and chief legal and compliance officer for Brooklyn Sports & Entertainment (BSE). Gewirtz joined the Brooklyn Nets and its affiliated arena-operating company in May 2007 as senior vice president and general counsel, and he was promoted to his current positions in 2010. He served as BSE’s chief administrative officer in 2016 and 2017, and he was named BSE’s chief compliance officer in September 2017.

Gewirtz is responsible for advising BSE’s board of advisory directors and for executive management on key legal, business, and strategic matters for BSE’s holdings, including the Brooklyn Nets; Barclays Center; the business operations of the New York Islanders NYCB LIVE, home of the Nassau Veterans Memorial Coliseum; Webster Hall; the LIU Brooklyn Paramount Theatre; the NBA G League’s Long Island Nets; and ENTITLE, a venue naming rights and sponsorship sales and advisory joint venture with Cooper Holdings LLC. Through his management of the BSE legal de-partment, Gewirtz has oversight of all corporate, commercial, transactional, media, litigation, compliance, and day-to-day legal and business affairs for BSE companies and ventures. Gewirtz also serves as corporate secretary for the Brooklyn Nets and Barclays Center entities.

Gewirtz was a key member of the negotiating team for BSE’s most significant commercial initiatives, such as the 2012 relocation of the New Jersey Nets to Brooklyn; development of the $1 billion Barclays Center; team and arena ownership transfer transactions in 2010 and 2016; redevelopment of NYCB LIVE, home of the Nassau Veterans Memorial Coliseum; development the HSS Training Center, the Brooklyn Nets’ state-of-the-art practice facility; the launch of business operations for the New York Islanders in connection with the team’s relocation to the Barclays Center as of the 2015–2016 NHL season; and BSE’s media rights alliance with YES Network.

The current legal department led by Gewirtz was named one of the top 50 in-house legal departments in the United States under the GC Powerlist for 2015, published by The Legal 500 Series. In addition, Gewirtz was named 2014 Sports Counsel of the Year by the Association of Media & Entertainment Counsel, and in 2009, Gewirtz was selected to the prestigious “Forty Under 40” by Sports Business Journal as one of the 40 top sports executives under the age of 40 in the United States. Gewirtz sits on the board of directors of both the National Sports Law Institute and the Sports Lawyers Association, where he is a member of the board’s executive committee. He also is a past Sports Committee chair of the American Bar Association’s Forum on the Enter-tainment and Sports Industries, and he previously served as pro bono general counsel for the Eastern Section of the U.S.

Tennis Association. In 2017, he was appointed to the board of directors of the Brooklyn Volunteers Lawyers Project.

Prior to BSE, Gewirtz served as the U. S. Olympic Committee (USOC) general counsel and chief legal and government affairs officer, where he was responsible for all USOC legal matters as well as the USOC’s government relations activities with Congress and federal government agencies. Gewirtz has also held legal positions with the Coca-Cola Company’s Corporate Legal Division as global marketing counsel, IOC Television & Marketing Services SA as director of legal affairs, the LPGA Tour as general counsel, and the WTA. He began his legal career as a corporate asso-ciate at the New York City law firm of Dunnington, Bartholow & Miller LLP.

A native of Baldwin Harbor, New York, Gewirtz is a graduate of Tufts University, where he was a four-year mem-ber and captain of the Tufts varsity tennis team his senior year, as well as a member of its New England Championship team. In 2016, he was appointed to the Tufts Athletics board of advisors. Gewirtz received his law degree from Brooklyn Law School, where he was the recipient of a three-year merit scholarship and from which he is a two-time recipient of its Alumni Achievement Award in Sports Law.

Gewirtz lives in Manhattan with his wife, Brooke Raphael, who is a director at Intercept Pharmaceuticals, and their son, Eton.

Darren Adam Heitner Founder, Heitner Legal, PLLCDarren Adam Heitner is the founder of Heitner Legal PLLC and is licensed to practice on the state and federal level. He has represented athletes, agents, entertainers, small businesses, and large corporations alike. In addition to handling complex transactional and commercial litigation matters, he has a wealth of experience in education and the business world as founder/CEO of Dynasty Dealings LLC, from three years as an adjunct professor of sport agency management (a course he created) at Indiana University, Bloomington, and as an adjunct professor at the University of Florida and the University of Florida Levin College of Law, co-founder of Collegiate Sports Advisors (CSA), contributor at Forbes’ “SportsMoney” division, contributor at Inc., and founder/chief editor of Sports Agent Blog, a leading niche industry publication. Darren is AV-rated by the prestigious Martindale-Hubbell Law Directory. The ranking is the highest one given for legal ability and profes-sional ethics by Martindale-Hubbell.

Jeffrey L. Kessler Co-Executive Chairman & Co-Chair, Antitrust/Competition Practice , Winston & Strawn LLPJeffrey L. Kessler focuses his practice on all aspects of antitrust/competition, sports law, intellectual property (IP), complex litigation, and government criminal and civil investigations. He has been lead counsel in some of the most complex antitrust, sports law, and intellectual property law cases in the country, including major jury trials, and has represented a number of U.S. and international companies in criminal and civil investigations in the antitrust, trade, and Foreign Corrupt Practices Act (FCPA) areas. He successfully defended Matsushita and JVC against claims of a worldwide conspiracy in the landmark U.S. Supreme Court case Zenith v. Matsushita and is regarded as a leading commentator on international antitrust law. He has also been the lead counsel in numerous IP cases involving frontier issues of IP law and lead counsel in numerous government criminal and civil investigations.

Kessler is also one of the most prominent lawyers in the country regularly engaged in high-profile sports litiga-tion. He has litigated some of the most famous sports-anti-trust cases in history, including McNeil v. the NFL, the land-mark antitrust jury trial which led to the establishment of free agency in the National Football League (NFL), and Brady

v. NFL, which led to the end of the 2011 NFL lockout. Some of Jeffrey’s clients in the sports law area have included the NFL Players Association (NFLPA), the National Basketball Players Association, the Arena Football League (AFL) Players Association, the National Hockey League Players Association, the Major League Baseball Players Association, the National Invitation Tournament (NIT), CAA Sports, Wasserman Media Group, SCP Worldwide, MVP Sports, the Women’s National Soccer Team, the NFL Coaches Association, Players, Inc., the Women’s Tennis Benefit Association, Excel Sports, and Adi-das. Jeffrey has also represented various classes of NBA, NFL, AFL, and MLS players, the North American Soccer League, the United States Football League, and the Cities of San Diego and Oakland, as well as Alameda County, in various sports law disputes. Jeffrey negotiated the current free agency/salary cap systems in the NFL and NBA, and successfully represented Latrell Sprewell in his controversial suspension arbitration. In the area of NFL discipline, he successfully represented Ray Rice, Tom Brady, and the “Bountygate” players. He also represented pro bono Oscar Pistorius, the double amputee athlete, in his successful arbitration to obtain the right to compete against able-bodied athletes around the world.

Keith C. MillerEllis and Nelle Levitt Distinguished Professor of Law, Drake UniversityKeith C. Miller is the Ellis and Nelle Levitt Distinguished Professor of Law at Drake University in Des Moines, Iowa. Professor Miller teaches the course on gaming law at Drake, along with courses on torts. In addition to numerous law review articles, he is co-author of The Law of Gambling and Regulated Gaming (2nd edition), the leading casebook on gaming law.

Miller is the vice president of educator affiliates of the International Masters of Gaming Law (IMGL), a global gaming law network and educational organization, and vice chair of the Gaming Law Committee for the Business Law section of the American Bar Association. He serves on the editorial board for Gaming Law Review, the leading peer-reviewed gaming law journal, and is a member of the UNLV Gaming Law Journal advisory board.

Miller has spoken on and moderated panels for the IMGL and the ABA and has conducted symposia and lectured at law schools in France and the United States, including as a visiting professor at the University of Nevada, Las Vegas Boyd School of Law. Miller also consults on gaming law cases, has been an expert witness in gaming law litigation, and is a frequent resource for media on matters involving gaming law.

Miller received his J.D. from the University of Missouri, Kansas City, where he was the editor-in-chief of the UMKC Law Review. After practicing law in Kansas City, Missouri, Mill-er obtained his LL.M. degree from the University of Michigan Law School before beginning his career as an academic lawyer. Miller also served as the NCAA faculty representative at Drake University from 1995 to 2000.

Jaia Thomas Principal, The Law Office of Jaia ThomasJaia Thomas is a Los Angeles-based sports and entertain-ment attorney with more than 10 years of experience. She represents film producers, television writers, and various industry talent, drafting and negotiating studio and network deals. She also assists athletes with brand protection and trademark registrations.

Thomas has been quoted as a legal expert in such publications as the New York Times, USA Today, and ESPN. She has served as a panelist for the Los Angeles County Bar Association and Beverly Hills Bar Association and as a speak-er for several sports and entertainment law conferences. She has had several articles published in journals, including Pace I.P., the Sports and Entertainment Law Journal (“For

the Love of the Name: Professional Athletes Seek Trademark Protection”), and the Journal of Sports Media (“Twitter: The Sports Media Rookie”).

Thomas is currently an adjunct professor at UCLA, where she teaches a course titled Copyright Law and the Entertainment Industry. She also teaches a summer seminar series at Southwestern Law School titled How to Start and Build a Law Practice, where she equips law students with the tools necessary to launch and successfully sustain a law prac-tice. Prior to her appointments at UCLA and Southwestern Law, she was an adjunct professor at American University, where she taught graduate students about the inner work-ings of production company formation. She has guest-lec-tured at Vassar College and Georgetown Law School.

A native of Cincinnati, Thomas is a graduate of Colgate University (B.A.) and the George Washington University Law School (J.D.). She also holds a certificate in television, film, and new media production from University of California, Los Angeles.

Daniel WallachShareholder, Becker & PoliakoffDaniel Wallach is a shareholder in the gaming and litigation practice groups at Becker & Poliakoff, where he has coun-seled professional sports teams, sports betting operators, fantasy sports companies, sports integrity firms, casinos, and racetracks in navigating the complexities of U.S. gambling laws and regulations. He is considered one of the nation’s premier and most sought-after legal voices on issues related to sports law and sports gambling. He has appeared as an expert panelist at dozens of conferences on the subject, and he is relied on by top-tier news organizations throughout the country for his expert analysis of this often very complex subject area. He speaks regularly to lawmakers who are seeking expert advice, including most recently at the Na-tional Conference of State Legislatures from Gaming States, where he was a featured panelist informing lawmakers about the nuances related to possible sports betting legislation emerging in the wake of Christie v. NCAA.

Described as a “gaming law guru” by Michael McCann, the legal analyst for Sports Illustrated, Wallach can often be found sharing his sports gambling legal insights on Twitter (@WALLACHLEGAL). He was named as one of “The Top 50 Must-Follow Sports Business Twitter Accounts” by Forbes for the past three years and was profiled by Law360 as one of the “20 Attorneys Killing It on Twitter.” Wallach is also the co-host of “Conduct Detrimental,” a weekly podcast examining the intersection of sports, gambling, and the law. He is board certified in appellate practice by the Florida Bar, and is AV-rated (the highest level attainable) by Martin-dale-Hubbell. He is a 1991 graduate of Hofstra University School of Law, where he graduated with distinction (in the top 2 percent of his graduating class) and was the “Notes and Comments” editor of the Hofstra Law Review. Wallach is also a general member of the International Masters of Gaming Law (IMGL), an invitation-only organization for attorneys who have distinguished themselves through demonstrated performance and publishing in gaming law, significant gaming clientele, and substantial participation in the gaming industry.

Warren K. Zola Executive Director, Boston College Chief Executives Club, Carroll School of Management, Boston College; Board Member, You Can Play; Adjunct Faculty, Carroll School of Management, Business Law and Operations Management Warren K. Zola serves as the executive director of the Boston College Chief Executives Club, a program of the Carroll School of Management at Boston College. Prior to his promotion to the Boston College Chief Executives Club, Zola served as assistant dean for graduate programs in the Carroll School of Management at Boston College for 10 years.

In addition to his administrative duties, Zola is an adjunct faculty member in the Carroll School’s departments of business law and operations, teaching two graduate cours-es—Sports Law and The Business of Sports. He also serves as the chair of the university’s Professional Sports Counseling Panel, where he advises student-athletes pursuing career opportunities in professional athletics.

As an expert in the business of sports, sports law, and the transition of student-athletes from college to profession-al sports, Zola is frequently relied upon by the national media for his insight and perspectives. Zola is also a regular guest columnist for the Huffington Post and serves as the execu-tive editor of Sports Law Blog. He is a frequent lecturer and panelist around the country on legal issues in the college and professional sports worlds and was invited to a congressional roundtable discussion as a guest expert to discuss reform in college athletics.

Most recently, Zola provided two chapters to The Oxford University Handbook of American Sports Law, edited by Michael McCann (Oxford University Press). The two chap-ters are “College Athletics: The Growing Tension between Amateurism & Commercialism” and “The Evolution of the Power of the Commissioner in Professional Sports.”

Zola received his B.A. from Hobart and William Smith Colleges, a J.D. from Tulane University, where he founded the Sports Law Society, and an M.B.A. from Boston College. He has been an active member of the Massachusetts Bar since 1993. Zola serves on the board of directors of two nonprofit organizations: Mass Mentoring Partnership and the You Can Play Project.

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CLE CREDIT

CLE credit for the program has been approved in accordance with the requirements of the New York State CLE Board for a maximum of 3 transitional and non transitional credits: (3) professional practice.