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00:00
it sounds like no matter what what is
00:01
sure is that sports and intended sports
00:04
in person are gonna look very different
00:06
than what they've used to be for at
00:08
least for a while that sounds like
00:09
that's gonna be they answer the first
00:10
question a new normal is that is that
00:13
the satellite we're gonna be impact
00:15
stadiums or wild if you believe we can
00:19
change the narrative if you believe we
00:21
can change our communities if you
00:22
believe we can change the outcome then
00:25
we could change the world
00:27
welcome to disruption now
00:30
welcome to disruption now I'm your host
00:33
and moderator Rob Richardson today we
00:35
have Jeff Kaminski with Lewis Brisbane
00:38
and the law firm and he is an expert and
00:42
a adviser on all things sports from
00:44
sports venues to sports vendors to
00:48
leagues to team owners to athletes
00:51
whatever you whatever you do in sports
00:54
he can probably advise you and we have
00:56
some crazy things going on right now of
00:58
course in the world this is our
01:00
continuing conversation about the Cova
01:03
19 crisis as we continue to figure out
01:05
really Jeff how we evolved from this
01:07
moment and at this time we're just
01:09
exploring new legal fields and theories
01:12
and things that no one ever expected so
01:15
I can imagine people want to know okay
01:18
are we gonna get back to sports and if
01:21
we do what do you think the new normal
01:24
looks like how do you advise clients
01:25
through that I know that's one hell of a
01:27
low a question but for sports what does
01:30
what does a new normal look like you
01:31
think well let's let's thank you first
01:33
for having me I'm really appreciative to
01:36
join the show and to help others and
01:38
guide them through a process of just
01:41
what's going on in in our world and
01:44
first and foremost I hope everybody's
01:46
staying healthy I hope everybody is
01:48
staying safe you know because the more
01:51
where we stay healthy and the more we
01:53
stay say if we can experience and
01:55
observe you know things that we you know
01:58
maybe have taken for granted and one of
02:00
those things is sports you know in terms
02:04
of what what has happened and where
02:07
we've been I'm pretty sure the general
02:09
public and anybody perhaps watching this
02:12
is aware
02:13
what has unfolded and and in terms of
02:18
you know various teams leagues either
02:22
postponing canceling or even filing for
02:25
bankruptcy you know going through this
02:28
process obviously you know for example
02:31
everything started in the United States
02:34
on March 11th 2020 when the NBA's
02:38
suspended season and then everything
02:41
really just fell from there the Olympic
02:44
Games in Tokyo were suspended until 2021
02:47
the XFL was cancelled and filed for
02:51
bankruptcy various events in the PGA and
02:57
even the Kentucky Derby and that's now
03:00
postponed until September so there's
03:04
been a lot of issues of you know
03:07
thinking about how to restart everything
03:10
and so really what it boils down to is
03:16
what the government our federal or state
03:20
are doing and saying from a reopening
03:23
standpoint and it gets a little
03:28
complicated because that's got to get
03:30
really complicated if you put enough
03:32
federal and state because you probably
03:34
need both for if we're talking about
03:36
major we're talking about you know MBA
03:37
or cross state sports right and so
03:41
there's a lot of issues floating around
03:44
within the actual leagues for example
03:47
the NBA has talked about having having
03:52
limited workouts in specific locations
03:55
starting May 8th which I guess is three
03:57
days from now of the state thing and
04:00
we're also talking about you know
04:04
various ideas from a major league
04:08
baseball standpoint if those can be
04:10
played in in specific locations for
04:14
example the Players Union in and the
04:16
Major League Baseball are starting to
04:19
come to a agreement and one of the ideas
04:23
floating around is that gay
04:26
we'll be resumed in specific locales for
04:29
example Arizona as a state might be
04:32
reopening sooner than other states that
04:35
are higher risk and more centric to
04:40
coronavirus and so they're talking about
04:43
creating an infrastructure and specific
04:46
locales to resume baseball but with that
04:50
said there have to be various industries
04:57
that also reopen to help the the
05:03
structure of the actual there's no
05:05
question right yeah you got it's not
05:07
just okay and I like the sports happens
05:09
it's just not it doesn't happen in a
05:10
vacuum you got I imagine hotels these
05:12
people have to eat I mean there's all
05:16
types of levels I'm sure I'm not
05:17
thinking about what are the exposures
05:20
for both the players and then the I
05:22
guess the institution's on that like how
05:24
do what how does one go about that well
05:26
the employee the athletes are in players
05:28
are just essentially employees of the
05:31
team and so really it's an issue for the
05:36
team the ownership groups the stadium
05:38
owners and in third-party vendors beyond
05:42
just the league because obviously the
05:45
league has to allow the teams and team
05:48
ownership groups to restart but you're
05:52
absolutely right you have to think about
05:53
various hotels let me get the most
05:56
important question out there before you
05:57
do that your sounds like you're
05:58
predicting by the fall we're gonna have
06:00
sports if but minimum it sounds like and
06:02
it said like the NBA is not trying they
06:04
still trying to have a season do you
06:06
have any I mean because you can't
06:07
disclose any things you but it seems
06:10
like they're aiming that way is it not
06:11
that not correct they're aiming that way
06:14
but nothing has been decided
06:15
conclusively or put out for public
06:18
consumption because everything is still
06:21
in limbo and various you know cities
06:25
that have sports teams and states that
06:29
have sports teams haven't been reopened
06:31
yet so a lot is still being discussed
06:35
from a legal standpoint
06:38
you have to keep in mind that because
06:41
there have been government shutdowns and
06:43
lock downs there can't be any action but
06:46
there are definitely ideas that are
06:48
coming to fruition I know that in the
06:52
world of golf there's going to be a four
06:55
million dollar skins game on May 17th in
06:58
Florida to raise money and aid of
07:00
coronavirus charities and they're only
07:03
allowed to do that in Florida because
07:05
Florida's governor has reopened golf
07:08
resorts now obviously there have to be
07:11
certain precautions stepped up to make
07:14
sure that there is social distance
07:16
compliance through the CDC but because
07:19
the slated state of Florida by way of
07:21
example has opened up golf courses golf
07:24
courses can choose to open up or not but
07:27
now that they're allowed to open up an
07:30
event like this in golf can happen once
07:35
again they're predicting that the
07:37
Kentucky Derby can take place in
07:39
September that can't happen right now
07:42
because there they haven't allowed
07:45
certain venues to take place to occur
07:49
but they're planning for these things in
07:51
advance so that they can reach certain
07:55
deals from a publicity standpoint naming
08:00
rights is going to be an interesting
08:01
issue because let's say you're going to
08:04
start an NFL season in in the fall
08:10
whenever it is teams are creating
08:15
different technological advancements and
08:18
security measures to make sure they're
08:21
in compliant with CDC guidelines but
08:23
more importantly create public trust so
08:28
that people can go yesterday the putt
08:31
the Miami Dolphins publicly disclosed
08:33
that when they do reopen and play games
08:36
whenever that maybe they're going to
08:39
have a seating stadium a stadium seating
08:44
arrangements so that they are compliant
08:46
with certain guidelines they're talking
08:50
about
08:50
having maybe 10 to 15 thousand attendees
08:53
to watch a game instead of its capacity
08:57
at 75,000 they're also talking about
09:02
changing out sections into in bowl
09:05
Suites to create compliance with
09:08
guidelines and if there's families for
09:11
example that go to the games they can
09:12
all sit together because they have been
09:15
together in the scene hold on that it
09:16
sounds like no matter what what is sure
09:18
is that sports and intended sports in
09:22
person are gonna look very different
09:23
than what they've used to be for at
09:25
least for a while that sounds like
09:26
that's gonna be they answer the first
09:27
question a new normal is that is that in
09:30
satellite we're gonna be impact stadiums
09:33
for a while that would that be a fair
09:36
assessment I think even if States and
09:40
federal governments allow it to occur
09:43
which hasn't happened yet but even if it
09:45
does I think the critical issue for
09:50
stadium ownership groups vendors of
09:53
venues hotels food and beverage any even
09:59
the athletes it's all gonna be an issue
10:02
less about legal and more about safety
10:06
and public trust yeah makes that's a
10:10
great point I mean just to hold on that
10:11
point a little bit I'll let you finish
10:13
it's you can open the business all you
10:15
want to and say you go out there and
10:17
open it but if people don't trust that
10:18
they're safe doesn't matter it does not
10:20
matter so when I hear this is my
10:22
personal opinion people are saying like
10:24
we gotta reopen the economy everybody
10:26
wants to reopen the economy from my
10:28
perspective the question is how and when
10:31
because you know if my fear is if you
10:34
don't do it right and then people lose
10:36
trust and then there has to be another
10:38
shutdown that's a lot that's he I think
10:41
that that damage is much more than the
10:43
intense short-term damage we're going
10:46
through damage I don't want to
10:47
underestimate the amount of damage
10:48
people are going through because it's a
10:49
lot but I think done wrong it could be
10:52
even more if we open up and we don't
10:54
open up right is that the that's your
10:56
assessment as well yeah that's the
10:57
general consensus from you know from
10:59
from a non legal standpoint but more
11:01
from a business standpoint I mean look
11:03
you're in Ohio I would love to eat a
11:05
skyline Chili's my man knows where he's
11:09
brought you know the area that's good
11:11
yeah well don't don't let my Michigan
11:13
shirt fool you I actually went to Ohio
11:16
State for Law School
11:17
okay no I know the the area very well
11:20
I'd love to you know for example another
11:24
hot oh hi Oh item that I love to have
11:27
his graters alright ice cream oh yeah
11:29
and you know also many staples to you're
11:32
doing well here absolutely of course but
11:35
the point I'm trying to make is that you
11:37
know let's say you know grocery stores
11:39
are open now but how many people of the
11:42
general public are not going to those
11:45
grocery stores in hiring third parties
11:47
like instacart or other or or third
11:54
parties like you or uber eats to pick
11:58
out that graders ice cream from the
11:59
freezer section so it's all about public
12:03
trust and you know there's four stadiums
12:07
Wow they might be open for business and
12:11
they actually are open for business and
12:13
one of the things that has been most
12:15
fascinating is to see how stadiums and
12:18
arenas are trying to help out the
12:20
community now even if there are
12:22
government shutdowns the Miami Marlins
12:25
have created the stadium to open up for
12:28
testing the the there the the biggest
12:36
venue in Rio de Janeiro has become a
12:38
hospital right and unfortunately in New
12:41
York City there's a stadium that has
12:43
created housing for morgues
12:48
essentially yeah oh my god so tell
12:52
people your point you know the finish at
12:55
this stage in this corona craziness that
12:58
we're in businesses now have to make
13:02
sure they're doing more to expand their
13:04
there their social capital it's about
13:06
what you're doing the value you're
13:07
showing customers not just trying to
13:09
make money because this is a tough time
13:10
obviously
13:12
but I think the businesses that come out
13:14
of this to come out of this strong will
13:17
will do so based upon the goodwill of
13:19
the things they're doing right now in
13:21
the midst of this crisis so I think
13:22
that's smart well beyond goodwill it's
13:24
also about being business savvy and
13:27
pivoting when you need to just this
13:30
morning ESPN announced that it was going
13:33
to do a television deal with Korean
13:37
baseball because what they've decided is
13:39
that fans and people in America want to
13:43
see live baseball regardless and so by
13:46
striking that deal to show live baseball
13:49
it's now expanding its its horizons
13:52
internationally up the same sport being
13:55
played in the US what's also happening
13:57
is racecar drivers are turning to I
13:59
racing in which they're providing
14:02
virtual racing or gaming and even in
14:07
that same breath the gambling industry
14:11
in Las Vegas and the hotels are being
14:13
shut down so what are they seeing to
14:15
pivot to there's eSports or gaming for
14:20
money and that's creating an interesting
14:23
business model but now also creating a
14:26
very unique business opportunity from a
14:29
legal perspective to determine whether
14:31
in national but sports betting across
14:39
the country would be legal from that
14:40
capacity and we all know that it's it's
14:43
not legal I'm sure they're making a push
14:45
to try to get it to be legal good given
14:47
the current circumstances I'm sure the
14:48
lobbies are pushing hard lobbies are
14:50
pushing hard but it's a very interesting
14:52
pivot for gaming companies and on the
14:58
web I mean mocking and I think I should
14:59
let them do it I mean that was like
15:00
people don't gamble they do so I mean
15:05
you got whole industries that shut down
15:06
that's my I thought that that is my
15:07
perspective just off top of the head but
15:10
well there's there's a lot of recent law
15:13
on that including a case that went
15:17
through the New Jersey State system to
15:20
determine whether fantasy sports were
15:23
considered
15:24
gambling or was it a game of chance and
15:27
so you know I urge people that if
15:31
they're interested in learning more
15:33
about you know sports gambling from an
15:38
from a national context and see where
15:40
that trajectory might go I would look at
15:44
any of those legal opinions or a
15:46
colleague of mine Dan Wallach has become
15:48
an expert in gambling in in the sports
15:51
venues in not only nationally but
15:53
internationally so but it's definitely
15:56
an issue what's going on in in fact from
15:59
a virtual perspective which I think by
16:02
the way is going to be the future the
16:04
future anyway we were we were we were
16:06
already going towards the direction of
16:07
more virtual events you know now it's I
16:11
do think all the sports venues would be
16:14
wise to figure out ways to engage people
16:16
digitally because it's it's it's it was
16:19
already reducing anyway but now this
16:22
just I think you know this is gonna make
16:23
people think twice about you know do I
16:25
really want to even take the chance of
16:26
going to a big event right so here is it
16:29
here's what's being discussed so for
16:32
example if you're one of those lucky
16:34
quote-unquote lucky 10,000 and 15,000
16:37
people that wants to go to a Miami
16:38
Dolphin game in the fall with that being
16:40
the hope think about what has to happen
16:43
in order for you to actually do that you
16:46
have to go get parking you have to get
16:48
tested from a temperature perspective
16:51
you have to exchange your ticket or
16:53
through your phone to pass somebody who
16:55
is not social distancing yourself from
16:57
you you're probably gonna have they're
16:59
probably it's idioms are probably going
17:00
to need to buy thermal video monitoring
17:03
to make sure that people's body
17:05
temperatures stay cool and what happens
17:08
if you arrive at the stadium and all of
17:11
a sudden your temperature is a hundred
17:13
and that that morning and you haven't
17:16
been showing symptoms for weeks what
17:18
happens from a refund perspective what
17:19
happens in terms of getting yourself
17:21
back home safely without getting anybody
17:25
sick the alternative is the technologies
17:28
that are being created perhaps to allow
17:31
that fan experience in fact there's one
17:33
company out there I'm not going to name
17:35
them because I'm
17:36
promoting them but they're creating
17:38
virtual reality experiences so that you
17:42
can wear a headset or some space the
17:45
Florida South Florida that company I
17:46
think right there are their company
17:48
their companies in Florida but there are
17:50
there companies as well nationally
17:51
they're creating these this technology
17:54
for in-game virtual reality reality
17:57
games yep so that you can stay yeah but
17:59
you can stay long put on your helmet or
18:02
whatever it the technology is and then
18:04
watch the game as if you're sitting in
18:07
we can talk off live that's a good
18:09
company I'll look to invest stock
18:10
because that I think can go well
18:12
everybody chooses their stocks to their
18:15
own discretion that's the whole thing
18:17
exactly knows what you should stay but
18:19
I'm interested to know what that company
18:20
is because I was thinking I tell people
18:22
they have to look for the trends this is
18:23
augmented virtual reality is already
18:25
here is not commonly accepted amongst
18:27
people but it will be and when you know
18:30
when we get 5g 5 G's not causing
18:33
coronavirus by the way do not believe
18:34
that when we get more 5g that will make
18:38
it even more of a reality just a just as
18:39
a side note Jeff what do you think
18:42
though you're discussing all these
18:44
clearly complications for logistics that
18:47
have to be thought out in a post Cove in
18:50
nineteen world in sports I'm thinking
18:53
about those it what about college sports
18:56
this seems to be a whole nother level of
18:59
complication there any thoughts about
19:01
how college venue should go about this
19:04
cuz that this that just seems like a
19:06
nightmare but I'd love to get your
19:08
opinion on that
19:09
well with college sports is a whole
19:11
different animal but it falls under the
19:13
same structure of how the university or
19:17
college is going to be handling the
19:19
opening of the schools so if the schools
19:23
are not open then that the fact though
19:26
means that be the teams or the clubs are
19:30
not able to practice or participate so
19:33
let's say for example in the Big Ten
19:36
because I know we're talking a oh hi oh
19:39
and Michigan country let's say Ohio has
19:43
been great with its response and they're
19:45
opening more quickly than the state of
19:47
Michigan for whatever reason
19:48
all of a sudden you know that whether
19:52
it's the president of the university or
19:55
the athletic director of Ohio State says
19:58
we can reopen well just because they
20:00
reopened doesn't necessarily mean the
20:02
state of Michigan the University of
20:04
Michigan and the athletic director can
20:08
also say hey we're open as well and in
20:11
in in specifically college football we
20:13
all it takes two to tango so you might
20:17
not see college sports for a while and
20:23
so how did that handle with all those
20:24
scholarships it's left like that I just
20:26
wonder all those complications the
20:27
questions how would that work right
20:29
right so what the college sports what
20:31
the NCAA has has done is is followed and
20:35
trailed in what Major League Baseball
20:37
and Players Union have struck which is
20:39
providing extra years of eligibility so
20:43
in Major League Baseball what they have
20:45
allowed is for example if for example
20:47
players can make more money or or obtain
20:54
certain pension benefits if they play a
20:57
certain amount of years in baseball
20:58
so what MLB has decided is let's say
21:01
that this season just doesn't happen
21:04
it'll allow major league baseball
21:06
players to accrue that year this year as
21:10
a part of their retirement or pension
21:12
that's gonna package so the NCAA is
21:16
following suit by saying hey we'll allow
21:18
certain athletes extra years of
21:22
eligibility now what's being it's a
21:26
little complicated is which sports
21:27
because right now this has not affected
21:31
college football as much as it has
21:33
affected support both in the spring and
21:36
so you're finding that those types of
21:41
decisions are still being hashed out and
21:45
determined whether other years of
21:48
eligibility can take place what's also
21:51
happening is you're seeing a lot of
21:54
various athletes go into the transfer
21:56
portal because they fear that they're
22:00
not going to get a year another
22:01
year of eligibility or if they do
22:03
they're gonna have more competition with
22:07
the inflow of other athletes trying to
22:11
compete for their stabilized position so
22:13
example a wide receiver from respected
22:17
you know Big Ten college is gonna say
22:20
you know what I have these young guns
22:22
coming for me and oh wait there's going
22:24
to be even more athletes coming so maybe
22:27
I go to a smaller division to school and
22:30
become the big man on campus so you're
22:33
seeing that starting to unfold because
22:36
nobody knows how this is going to play
22:38
out or the art is the n-c-double-a going
22:41
to allow more athletes to be on a team
22:44
than what they already limit because of
22:48
this concern that players or
22:51
student-athletes are going to want to
22:52
transfer to other locations where they
22:55
can shine whether instead of being a
22:58
second string or third string player
23:01
where they can't show their their
23:03
talents so there's a lot of activity
23:08
going on what has recently happened in
23:10
the last 24 36 hours is the NCAA has put
23:13
out an order which has allowed after
23:16
years of being poked at the side to
23:19
allow student-athletes to have the
23:22
propriety interest in their likeness or
23:26
yeah intellectual property there are
23:30
gonna be certain limitations and there's
23:32
still a lot of questions on how it's
23:34
going to be implemented you can for
23:38
example you can whether you can use the
23:41
conference logo or the team's logo
23:43
that's or the school's logo that's that
23:46
you're not allowed to do that but in
23:48
getting these rights to be paid for
23:51
certain likeness does that mean you're
23:53
going to hire an agent well if you're
23:55
gonna allow you if the NCAA is gonna
23:57
allow you to hire an agent well you know
23:59
what agency restrictions that have been
24:02
in place are now going to get more
24:05
lenient if that even happens because
24:07
otherwise does you know a bookstore in
24:12
Columbus
24:13
go to the quarterback of Ohio State how
24:16
do they get to talk to that person
24:17
directly are they gonna have to go
24:19
through that athletic department are
24:21
they going to have to go through the
24:22
university are they going to have an
24:24
agent all those things have to be vetted
24:28
and decide in made sure the Korona help
24:31
with that that's what I know I heard
24:33
that was gonna happen for a while did
24:34
the corona change anything with that in
24:35
particular or did it just expedite the
24:38
process I would say it's pure
24:40
speculation to say that contributed to
24:42
it it's been years in the making there
24:45
been legal cases yeah I know about it
24:48
very well I've been we've had a show on
24:49
it and I thought it was utterly
24:50
ridiculous the fact that they could
24:52
leverage your likeness and you couldn't
24:54
even put like you couldn't have a
24:55
youtube show to talk about whatever how
24:58
you like sports
24:59
and then they say you couldn't do that
25:01
and you made money from it which is
25:02
absolutely absurd um go ahead the NCAA
25:07
has been poked for years and years so I
25:09
don't think it's a coincidence I just
25:12
think it was you know it happened with
25:14
with the flow of an evolution of
25:18
collegiate sports what about liability
25:20
for both colleges and institutions just
25:23
thinking about like how do you think one
25:25
might be liable if they don't make it
25:27
said they don't take any precautions and
25:29
people get sick I mean that's probably
25:31
an easy case but there's a lot of stuff
25:33
probably in between I guess is there
25:35
anything that you know as a rule of
25:37
thumb that institutions particularly
25:40
colleges I care about but you know I'm
25:42
sure the NBA and others need to know
25:43
about this but I'm thinking from a
25:45
college point of view what would you
25:47
advise folks to think about as they step
25:49
through and navigate through this
25:51
process in sports
25:52
twofold one would be if you're involved
25:56
in collegiate sports to any degree
25:58
whether you're in athletics in the
26:01
athletic department or a vendor or
26:06
participate in any respect to a
26:09
university or college there's two things
26:11
you got to consider any insurance policy
26:14
that you have with regard to any goods
26:18
and services you you either produce or
26:22
or supply because there might be some
26:25
business interruption
26:27
with those with those goods or supply so
26:30
look at your insurance policy and make
26:31
sure that there are certain provisions
26:34
that would cover you under that and if
26:37
so then reach out to your either
26:39
insurance agent I'm sure that's changing
26:42
right now the insurance agency and
26:43
everything else so that needs to be
26:44
really really specific on that right and
26:47
so that's the first thing the second
26:49
thing I would look at is reevaluate how
26:53
you negotiate and draft contracts a lot
27:00
of people especially in the sports
27:02
industry whether it's even even coaches
27:04
who I've represented don't truly take
27:08
the time to consider all the necessary
27:12
provisions in a in any type of agreement
27:15
and when I say necessary most laypeople
27:19
just care about how much am I getting
27:21
paid over what period of time and how
27:25
many do have what's the exchange of the
27:27
exact product those are called material
27:29
terms what I think people are going to
27:32
start to realize is focusing on the non
27:34
material terms of an agreement and
27:36
focusing on things that could happen
27:40
down the road it's the the phrase force
27:44
majeure is an example of a provision
27:46
that I think any person who signs into
27:49
agreement has to now consider force
27:52
majeure basically means that a contract
27:54
can be nullified or there'd be no
27:58
binding requirements for the parties to
28:01
continue business if there are certain
28:03
things that happen in an agreement
28:05
that's a great point and one of those
28:08
things that I've represented clients
28:10
then defending them on right now is a
28:12
force majeure that a provision that has
28:14
a reference to an epidemic and so I'm
28:20
allowed to argue hey my client does not
28:23
need to perform on this agreement
28:25
because there's an epidemic pursuant to
28:27
the contract sometimes force majeure
28:30
provisions don't are not inclusive of
28:33
certain things the the most common
28:35
phrase is act of God but act of God can
28:39
be subject to
28:41
lots of interpretations Asian so make
28:44
sure that if you are going to enter into
28:48
a some agreement with another party
28:49
don't go for the bare bones go for what
28:53
fully strengthens your position in any
28:57
situation and I know people just don't
29:00
want to spend legal fees but for the
29:04
people who didn't include a you know
29:07
tortious interference provision in their
29:09
insurance policy or a force majeure or
29:11
provision in their contracts well who's
29:14
laughing now you know it's a lot more
29:16
expensive on the litigation and then the
29:18
prevention is that's why I tell people
29:19
to spend on the prevention in to prevent
29:21
the litigation in because it's a lot
29:23
more expensive and way way more headache
29:25
yeah and I'm a litigator by trade so for
29:28
me I've seen a lot of contractual
29:31
disputes over the silliest of things I
29:34
had a client once who was arguing that
29:38
my my client the opposing party was
29:41
saying that my client shouldn't be in a
29:43
development center because they were
29:45
selling yogurt but the provision said
29:48
they cannot sell ice cream products and
29:52
so I had to spend a lot of time to
29:55
determine whether yogurt was considered
29:57
ice cream as a matter of law Wow and and
30:01
so you know even silly things like that
30:03
you just have to be aware of and that's
30:06
why you need turning attorneys to
30:08
represent you from a fiduciary
30:11
standpoint which means in your best
30:13
interest there's no question I mean we
30:15
attorneys out I am an attorney too I
30:17
know we tend to be the most pessimistic
30:19
about things because we're trained to
30:21
think about everything that could go
30:22
wrong but that's that's that's kind of
30:24
the job but what give you as we kind of
30:28
wrap up what gives you hope for the post
30:32
co-op in nineteen world where do you
30:34
think we turn out and maybe we turn out
30:36
better I think from a sports and law
30:40
perspective we turn out to be more
30:43
creative we turn out to be more
30:47
understanding that there could be bigger
30:50
and better improvements to our sports
30:53
stadium experience
30:55
there was already a trajectory of fans
30:57
not wanting to pay the high price
30:58
dollars to go to a venue in lieu of
31:02
staying home sitting on their
31:04
comfortable couches and eating whatever
31:06
food they wanted on an HD television
31:09
yeah yeah and so there was already that
31:12
trajectory but at least the big big
31:17
leagues were betting on their fact that
31:19
people would still go see live the
31:23
athletes they would pay eight dollars
31:25
for a hot dog they would play four
31:27
dollars for a soda and a per-person and
31:30
call it a day now I think there's going
31:33
to be a lot of changes from that
31:34
perspective there's gonna there's going
31:36
to also be an influx of non-contact
31:39
sports opportunities I think eSports has
31:43
has ridden in the last few years up a
31:46
wave and I just don't see it now coming
31:49
dad the wave coming down as soon as I
31:52
thought I think there's going to be an
31:53
increase in that you even think about
31:56
the basics we were supposed to be at
31:59
home most states were supposed to stay
32:03
at home orders well if you're a 10 11 12
32:07
year-old kid what are you gonna do at
32:09
home after you do your homework you're
32:10
gonna play video games and so I think
32:13
you're this is turned into a grooming
32:16
period for a lot of potential eating
32:19
questions and so you're gonna see a lot
32:23
of those interesting I think there's
32:26
going to be a disruption amongst the
32:27
major sports especially sports that
32:31
involve high contact but the second
32:36
thing that I'm optimistic for is
32:38
technological advancements in venues and
32:42
it way in hopefully this allows various
32:46
entrepreneurs to break into the sports
32:48
industry where they didn't think they
32:50
would you know a team that a company
32:56
that was thinking of helping out finding
33:00
people to sit in the stands and help
33:04
develop software that they could
33:06
I interact with a coach or a team during
33:11
halftime now has can pivot to what
33:14
health or medical products can I provide
33:19
to in arena yeah you know so there's
33:22
gonna be a lot of cool innovative
33:24
opportunities right and so I mean that
33:29
bags actually is a way to look at it
33:30
Jeff you know you as we in this country
33:34
in this world honestly in the midst of a
33:37
crisis has you know when we when we deal
33:39
with it right we've come out of it
33:41
stronger just look at you know if we go
33:43
back World War two it seems like that's
33:45
a long time ago but in in time it really
33:47
isn't World War two we got into there
33:50
for lots of reasons but mostly because
33:52
Japan decided to Pearl Harbor and it was
33:56
obviously very tragic going through that
33:58
but honestly that a lot of that led to
34:01
the research we have now the innovations
34:03
we have now because we really focused on
34:06
innovations it was we use that and
34:09
really focused on satellites we focused
34:11
on the internet that's how all of that
34:12
was literally came to be well I think we
34:15
take for granted now is because we
34:17
invested at that time because we we had
34:19
to look a crisis in the face and figure
34:22
out a way forward and my hope
34:24
similar to yours is that this post Cove
34:27
in nineteen world we see an opportunity
34:28
to innovate I hope we see an opportunity
34:30
to look at each other in a more humane
34:33
way and understand that we are all
34:34
connected it doesn't matter if you're if
34:37
you come from China it doesn't matter if
34:39
you Democrat Republican none of that you
34:40
know the virus doesn't ask you and say
34:43
oh my gosh Jeff are you are you
34:44
Republican today let me just let me skip
34:46
over you right I mean it doesn't at the
34:48
end of the day the these labels that we
34:50
put ourselves in are really false we
34:53
created them in order to divide
34:54
ourselves and I hope that people see
34:56
that there's a lot more that we can do
34:58
together if we're moving forward
34:59
together in your saying I mean we're
35:02
gonna ban together I mean you're
35:04
absolutely right with World War two
35:06
September 1st 1939 when the Germans
35:08
invaded Poland it created a coalition
35:11
amongst the Allies to come together and
35:15
you know invade the beaches of Normandy
35:17
yeah
35:18
June of 1944 and so what you learned
35:21
from that experience is you can come
35:24
together in to defeat a common for a
35:27
common cause and defeat an enemy in in
35:30
today's world you know you're gonna see
35:33
from a sports context you know various
35:37
people come together I mean you see what
35:40
I'm curious to see is you know
35:42
sportsmanship how that happens I mean
35:45
usually in international games for
35:49
example the the players handshake each
35:51
other or in Olympic competition after a
35:57
basketball game you know the players
36:00
shake one another in going from line to
36:02
line it happens with in peewee leagues
36:04
in United States
36:06
are people going to handshake anymore
36:08
are people going to strangers going to
36:11
embrace anymore what is going to be the
36:14
the social norm for sportsmanship I
36:19
think we're not there in that discussion
36:22
yet because we're not there yet my hope
36:24
is that we I don't know that's a really
36:26
good question right because nobody's
36:28
nobody's getting nobody's gonna do that
36:30
right now right now because people are
36:33
trying to tackle you know what's the the
36:36
the first fence right over the ferns
36:39
fest well I think the fifth fence is to
36:41
me sportsmanship in sports a
36:44
sportsmanship and how are you going to
36:48
tackle that in a inappropriate way at
36:52
least in the short term so yeah every
36:55
question when when are we going to start
36:58
sports but sports has all been all about
37:01
exercise and showing class and at the
37:07
end because if we all know that it's
37:09
it's not life it's a game and so while I
37:13
focused business on that you know for
37:17
for the athletes and teams I think
37:19
there's going to be a real interesting
37:21
struggle of how you really how you
37:23
approach that initially um yeah but
37:26
perhaps we'll have a well the logger
37:28
would have a longer discussion about
37:30
that when we we see what's happening in
37:32
because that might be part of the
37:34
precautions that sport sports leagues
37:36
that might have to advise that you know
37:38
you can't whatever which I don't know
37:40
how you're gonna do that in a close
37:42
contact sport like basketball or
37:43
football anyway but that's one one last
37:46
thing I'll say for people who are
37:48
listening you see on just general news
37:52
that there's news articles popping left
37:54
and right and from at least my
37:55
perspective you don't know what's real
37:57
you don't know what's fake you don't
37:59
know what's been vetted you don't know
38:02
what's been published by multiple
38:04
sources I can tell you from a sports
38:07
news perspective I would follow
38:10
front-office sports like Jeff send that
38:16
to me your information and yeah but the
38:20
point is what's it called again
38:22
the front office sports run on sports
38:25
okay but just make sure generally that
38:27
you're reading articles that you know
38:31
can that are vetted and from that have
38:34
been truly published with with good
38:37
merit yes because there's a there's a
38:38
lot of garbage out there you so well
38:40
said and we tell people all the time
38:42
listen not only that also see where the
38:45
source is coming from sometimes articles
38:47
can be accurate but written in a way to
38:50
draw your emotion and I think it's
38:52
really important for folks to look at it
38:55
and read it from that perspective so if
38:57
you're getting me from any partisan
38:58
point of view right and sometimes I have
39:00
part of some points of view but I'll
39:02
tell people like make sure you
39:03
understand that you okay
39:04
this isn't it this is meant to draw your
39:07
emotion a few weeks ago I saw in one of
39:11
my one of the sports blogs that I follow
39:14
that for in random news Colin Kaepernick
39:18
was signed by the New York Jets and yeah
39:22
that definitely got my interest piqued
39:24
but especially right before the NFL
39:27
Draft but it turned out to be fake you
39:30
know Wow and so you have to double-check
39:34
it was a total quick bait to get people
39:36
to say oh my from people that you know
39:38
who either love or hate Colin Kaepernick
39:40
and say oh my god I'm a hit on this and
39:42
they got probably got their they got
39:43
their traffic built to their website
39:45
which is
39:45
by the way so discouraging for someone
39:47
who wants to as a person really side
39:49
note you know you want to put out
39:50
content and not that I don't have
39:53
subjectivity and I'm not saying I'm
39:55
wrong or and I'm not wrong sometime but
39:58
I think we try to at least have a
40:00
intelligent discussion about things
40:03
beyond just you know just talking
40:06
nonsense but it's you're right I mean it
40:08
seems to be that we are drawn and I'm
40:09
not because I can't criticize the public
40:11
I probably would have made the mistake
40:12
and click on it too so I don't have the
40:13
answer I don't know but I just tell
40:14
people to not allow this world to drive
40:16
you insane and the Internet is a
40:18
beautiful thing but if you let it it can
40:20
drive you mad agree completely but in
40:23
these times there's a lot of people
40:25
trying to take advantage of a very
40:28
broken system and just make sure that
40:33
when you're reading something don't just
40:36
look at it for the impulse by sort of
40:40
speak yeah read it too and see if
40:43
there's any other sources that are
40:46
reputable sources that are coming out
40:48
with the same news or absolutely
40:50
challenge your own bias because we want
40:51
to live in a world that confirms
40:53
everything we want to believe to be true
40:55
and you know so and by the way of course
40:58
social media is programmed that way I've
40:59
had many shows on this and I let people
41:01
know like listen and they believe it's
41:03
the truth like no it's just a program
41:04
showing you what you want to see it
41:06
doesn't mean it's real it's just like
41:08
it's not it is actually your own little
41:10
virtual reality except bachelor in
41:13
paradise that's the only real thing
41:15
auntie what's that except bachelor in
41:17
paradise oh yeah that well that's real
41:19
that's real that's real that's real just
41:21
keep Bachelor paradise you're good so it
41:24
has to be real exactly hey Jeff Kaminsky
41:28
I appreciate you coming on I would love
41:30
to have you on again yeah this was fun

HOSTED BY

ROB RICHARDSON

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“Sports During COVID-19?”

We discuss the future of sports in a COVID-19 world with Jeff Kominsky. Jeff is a legal expert in all things sports. From 2002 through 2005, Mr. Kominsky interned with the Minnesota Vikings, reporting directly to former Vikings owner, Red McCombs. Mr. Kominsky’s interest in sports law/business continued into his studies at law school as the Founder & Chair of the Inaugural Sports Law Symposium at The Ohio State University. He currently serves as South Florida’s Chapter President of the Florida Sports Law Association as well as a Regional member for the Sports Lawyers Association’s Outreach Committee.

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ROB RICHARDSON

Entrepreneur & Keynote Speaker

Rob Richardson is the host of disruption Now Podcast and the owner of DN Media Agency, a full-service digital marketing and research company. He has appeared on MSNBC, America this Week, and is a weekly contributor to Roland Martin Unfiltered.

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