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December 23rd, 2022
Key Sports Law Cases & Developments 2022
Sports Group Partner Christopher R. Chase speaks with LawInSport on the most important legal cases and developments from the world of sports law in 2022. Christopher contributes his thoughts on the implosion of the cryptocurrency exchange FTX:
“The implosion of cryptocurrency exchange FTX and its subsequent bankruptcy filing will likely change the structure and contractual obligations of both athlete endorsements and corporate sponsorships going forward. For example, several class action lawsuits have been filed against athletes and celebrities for their role in promoting FTX (as well as other crypto and NFT brands), arguing that such promotion was an unfair and deceptive practice under federal and state law – placing a spotlight on endorser liability. To avoid potential claims, athlete and celebrity endorsers should ensure that proper substantiation exists for any advertising claims that the endorser makes on behalf of a brand and that the endorser has a good faith belief in such advertising claims. While an indemnity from the advertiser for claims about its product is generally standard and protects an endorser from liability to some extent, it may not be worth much when the brand has little ability to back it up – so the athlete or celebrity endorser would be wise to consider the actual evidence for the advertising claims before agreeing to endorse the product or service.
Regarding sponsorships, the FTX situation is yet another cautionary tale for rights holders – particularly when entering into agreements with entities in nascent industries. Seeking more payments up-front (and in dollars!), limiting the length of the contractual term, expanding the ability to terminate, and seeking regular audits or reviews of financial statements from sponsors (particularly ones that do not have publicly available financial statements) are all considerations rights holders may want to take going forward. Now that FTX has filed for bankruptcy, rights holders have to file motions to have the court reject the sponsorship agreement or otherwise lift the automatic stay so that the rightsholder can terminate the agreement – both procedural and substantive situations in which rights holders do not want to be.”
See the full article here. (Behind paywall).
Other Quoted
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
Mubi’s $24M Bet Just Made Agents Bullish Again. Here’s Why
Hayden Goldblatt is quoted in The Ankler article on Mubi’s purchase of Lynne Ramsay's film, “Die, My Love,” and what it meant for the Cannes market. He’s interviewed on “the real lessons from Cannes.” View article. (Behind paywall)
May 27 2025
A Federal Judge Ordered OpenAI to Stop Deleting Data
Daniel M. Goldberg is quoted in an Adweek article, which reported that a federal judge has ordered OpenAI to stop deleting output data from ChatGPT. This was part of The New York Times lawsuit, alleging OpenAI engaged in copyright infringement “by using ‘millions’ of articles published by the newspaper to train its AI model, which now directly competes with the Times’ content as a result.” The judge’s order seeks to preserve evidence in the Times’ case. Mr. Goldberg addressed mulitple implications of the order, which requires OpenAI to hold more data than they normally would. "That could make OpenAI more susceptible to security breaches, or shake the trust of consumers who expected their chatbot records to be deleted. There are also potential implications regarding energy use, storage and environmental impact that the judge may not have considered when making the order, Goldberg said." He also noted the order would trigger people's concerns about what it means for working with large tecnology providers.
May 21 2025
