Age, sex, and sports media

December 21, 2015 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Sports reporter Colleen Dominguez is 54 years old and has enjoyed a successful career in sports journalism including a lengthy stint at ESPN. Dominguez recently jumped to Fox Sports 1 and believes her age and gender are the only plausible reasons that FS1 has cut her broadcasting assignments and diminished her career. These are her allegations in a lawsuit filed recently in a California federal court. The complaint tells the story of a veteran, experienced reporter who has paid her dues but is being pushed aside by the men and the new pretty girl on the block. Can a media company make decisions based on the age and gender of its on-air talent?a young woman journalist with a microphone and a cameraman

This is not the first time this has come up in the TV and entertainment industry. In 1993 a Minnesota jury awarded 53-year-old sportscaster Tom Ryther $1.2 million in an age discrimination case. Ryther, a longtime fixture on TV news, was not renewed after his network commissioned a poll that showed he wasn’t having a “positive” effect on viewership. According to Ryther, at the time of his termination, the station manager asked him how it felt to be a failure at age 53.  No doubt that played well with the jury.

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Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

October 19, 2015 - by: David Kim 8 COMMENTS
David Kim

On October 12, 2015, Steve Sarkisian was fired as  head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related behavior led to his termination. Whether the termination was or was not properly for “cause” is relevant, in part, because it would likely determine whether USC would have to pay the remaining three years of his five-year contract. Whether the termination was lawful under the Americans with Disabilities Act (ADA), or analogous state law statutes alcoholismprohibiting discrimination on the basis of disability, is another question. And due to the high public profiles of the institution and the individual involved, this may be a question that is never entirely answered.

Back in August, video emerged of a clearly intoxicated Sarkisian at a USC pep rally, slurring during his speech and using profanity. The coach publicly apologized, contending that his behavior was the result of mixing alcohol and certain undisclosed medication. While Sarkisian denied having a drinking problem, he contended he would go to “treatment” to seek help. It appears Sarkisian neither sought help nor ceased his alcohol consumption. Reports last week emerged from sources that the coach “showed up lit to meetings again” and was told to leave the premises on Sunday. That same day, it was announced by USC Athletic Director Pat Haden that Sarkisian was asked and had agreed to take an indefinite leave of absence for his condition. On the next day, he was officially fired.

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The Cardinal Way

September 29, 2015 - by: Matt Gilley 2 COMMENTS
Matt Gilley

I’m a St. Louis Cardinal lifer so, for most Major League baseball fans out there, you probably assume I’m insufferable. (You may be right.) Still, don’t look for me to apologize that we’re in first place, have been for pretty much the entire season, and boast the best record in baseball. The postseason is upon us and, if all goes well tonight against Pittsburgh, we will wrap up another NL Central Division title and head into the postseason looking for yet another World Series championship. Yes, life is good.  Where the Cardinals play

One of the reasons so many fans find us insufferable is our talk of the “Cardinal Way.” Most people draw this link back to Branch Rickey, the pioneering baseball executive who first developed the Cardinals’ farm system before he went on to engineer Jackie Robinson’s entry into the Majors, thereby breaking down baseball’s color barrier.

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Deflategate: Tom Brady’s fumble provides valuable lesson about spoliation of evidence

August 03, 2015 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

Tom Brady is one of the best quarterbacks in NFL history, but he fumbled big time when he ordered the destruction of his cell phone before he was to be questioned about his involvement in the deflation of footballs during last season’s AFC championship game. Importantly, prior to the phone’s destruction, NFL investigators had asked Brady for text messages and other electronic information stored on his phone. Although he continues to deny any wrongdoing, the NFL upheld his four-game suspension, concluding that his destruction of the cell phone proved he wanted to hide incriminating evidence of his involvement in the scandal.  Spoilation of Evidence tsk tsk Tom Brady

Destruction of evidenceoften referred to as “spoliation of evidence”refers to the destruction of documents, information, or other tangible items that are potentially relevant to a claim before the other side has had an opportunity to review the evidence. Spoliation of evidence can have dire consequences for offenders. As a result, employers should know the when, what, why, and how of preserving evidence to avoid liability and ensure a fair playing field.

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Avoiding the “own goal” at work: 3 lessons from Women’s World Cup

July 06, 2015 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

On Sunday, the United States Women’s National Team (USWNT) soundly defeated Japan to claim the nation’s third World Cup championship. With this year’s Women’s World Cup breaking TV ratings expectations at every turn, it’s likely you or someone you know was glued to the tube as this spectacular victory unfolded. I know I was. And as I watched “el jogo bonito,” I was reminded of three simple lessons that translate well from the pitch to the office. Soccer World Cup

#1: Deal with the draw

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Gall, Blatter

June 01, 2015 - by: Brian Kurtz 2 COMMENTS
Brian Kurtz

Joseph “Sepp” Blatter is a man whose name seems an adjective as much as a proper noun. Blatter, as you likely know by now, was just elected to a fifth term as President of the Fédération Internationale de Football Association (FIFA), the international umbrella organization for international soccer. The 79-year-old Blatter was his typically arrogant and tone-deaf self after his election victory, but one wonders if privately he is lining up some Ballon d’Or-caliber legal counsel.FIFA headquarter in Zurich, Switzerland

Because the Yanks are coming.

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Deflategate and the power of external investigations

May 12, 2015 - by: David Kim 0 COMMENTS
David Kim

After more than three months of waiting, we finally got the investigative report regarding the New England Patriots’ “Deflategate” incident that occurred during the NFL’s AFC Championship Game earlier this year. Was it worth the wait? Was the NFL’s subsequent punishment just? It’s pretty clear it depends on whom you ask.16350680255_56244e827d_o

Authored by Ted Wells and his team from the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, the investigative report (the “Wells Report”) comes in at a hefty 243 pages (with exhibits). Those who question the Wells Report point to inconsistencies and unsubstantiated conclusions that would undermine the report’s finding that “it is more probable than not” that two Patriots personnel were involved in deliberately deflating footballs and that “it is more probable than not” that quarterback Tom Brady was “at least generally aware” of these two individuals’ actions. Others find that enough circumstantial evidence exists (in the form of text messages, statements, and certain scientific data) to make such a determination.

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The return of the quarterback evangelist

April 21, 2015 - by: Andy Tanick 4 COMMENTS
Andy Tanick

With the NBA and the NHL heading into the playoffs and Major League Baseball’s 2015 season underway, one might think that the NFL would have a hard time breaking onto page 1 of the sports section these days. (For younger readers, that was a reference to something we used to call a “newspaper.”) Not so! Football fans in Philadelphia and the rest of the country were either thrilled or chagrined – because with this guy, there is no middle ground – to hear the news this week that the Eagles had signed quarterback Tim Tebow to a one-year contract. iStock_000004238126_Large

Tebow became a national hero in 2007 as the first college sophomore to win the Heisman Trophy, and he followed that feat by leading his Florida Gators to the BCS National Championship in 2008. His college success briefly translated to a modicum of NFL success with the Denver Broncos, but his style of play (and some would say, lack of skill) soon proved incompatible with the pros and he was released by the New England Patriots in 2013.

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Business lessons from WrestleMania 31

March 30, 2015 - by: Josh Sudbury 3 COMMENTS
Josh Sudbury

The biggest sports entertainment event of the year is in the books. Did you miss it? Nope, I’m not talking about the NCAA Tournament or even the Cricket World Cup—by the way, you can rest easy since Australia beat New Zealand by 7 wickets to capture its 5th Championship—I’m talking about WrestleMania 31. Yes, the penultimate event for the more-than-semi-scripted man drama took place on Sunday before a live audience of 76,976 at Levi’s Stadium in Santa Clara, CA, and countless millions watching at home on pay-per-view. wrestlemania

WrestleMania didn’t just deliver at the box office. The event featured show-stopping action from big name headliners, both past and present. For those of you who missed all that glorious “wrastlin,’” I’ll give you the 30-second recap: The Big Show defeat 20-plus wrestlers to take home the trophy in the 2nd Annual Andre the Giant Memorial Battle Royal; Triple H (who entered the ring dressed as the Terminator) defeated Sting after both “D-Generation X” and “nWo”—including The Real American himself, Hulk Hogan—intervened on behalf of both fighters; John Cena defeated Russian fighter “Rusev” (who entered the venue on nothing less than an actual TANK!) to win something called the “United States Championship belt”; Daniel Bryan climbed a ladder and out-head-butted Dolph Ziggler to grab the “Intercontinental” Championship belt; The Undertaker laid to rest Bray Wyatt with a move known as the “Tombstone Piledriver”; and, most importantly, Seth Rollins curb-stomped his way to the WWE World Heavyweight title, defeating Brock Lesnar and Roman Reigns. Oh yeah, and Dewayne “The Rock” Johnson called on Women’s UFC Champion Rhonda Rousey to clean up a little trash in the ring. Whew! I’m tired just describing it.

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Seahawks’ Lynch follows NFL policy, adds to absurdity of Super Bowl media day

January 29, 2015 - by: David Kim 0 COMMENTS
David Kim

Super Bowl media day is a complete circus. Everyone knows that. Sure, players and coaches of the two participating teams are made available to answer questions from the “media.” And sure, there are some respected journalists and analysts (which includes former NFL players) who ask “football questions” about this Sunday’s big game. But Super Bowl media day is also highlighted by the absurdthe costumed characters who somehow are permitted to infiltrate media day and the completely random questions that are asked (often, by these same costumed characters).  Marshawn Lynch

2015 Super Bowl media day was no different. Want respected reporters from around the globe? We got ‘em in spades. There was “barrel boy”the guy wearing nothing but a large barrel and a fireman’s hat. How about the guy dressed as The Terminator, complete with fake inflated muscles, sunglasses and Arnold’s trademark hairdo from the movie. Heck, even a pair of buck-toothed sock puppets were granted access. Want hard-hitting questions designed to make players and coaches provide accountable answers? How about “Will you tell us the first play you’ll run in the game if we promise not to tell anyone?” “Do you have a favorite Avenger?” “PlayStation or Xbox?” “What does your mom call you when you’re in trouble?” Take that, Woodward and Bernstein.

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