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Transcript
STRAIGHT TALK IS GOOD BUSINESS. ®
Spor ts/Enter tainment
Straight Talk About Sports and Entertainment Law
Andrews Kurth relies on a cross-discipline approach to advising our sports and entertainment clients, pooling our vast
resources in 11 locations, multiple jurisdictions, and the full range of related practice and industry specialties, including all
aspects of corporate law, public finance and regulatory law, traditional and project finance, private equity and fund formation,
real estate, tax, antitrust, intellectual property, labor, employment and immigration, bankruptcy and distressed assets, and
business litigation.
Whether advising on the acquisition or disposition of professional sports franchises or the development, growth and
infrastructure of venues and related associations, or working with individual athletes, coaches, administrators and executives
on their career trajectory, we have the breadth and depth of experience required to seamlessly and strategically address the
myriad of legal considerations involved in the complex business of sports law. Our practice includes:
Sports and Recreation
Entertainment
Construction and Venue Development
Public and Private Governing Bodies
Brand Protection, Merchandising and Distribution
How We Help Our Clients
Andrews Kurth has represented individual athletes, performers, multinational entertainment companies, sports franchises,
public sports authorities and other governmental entities and private developers with practical counsel that protects their
interests. Our sports and entertainment lawyers work closely with firm-wide colleagues practicing in corporate, intellectual
property, labor, public finance, construction, hospitality and real estate law to tailor solutions to clients’ specific concerns.
Our attorneys represent professional sports franchises in all aspects of their business, including the acquisition and
disposition of majority interests in professional sports franchises and the structuring and governance of such franchises,
including in connection with league matters for those franchises. Clients include both corporate and individual investors,
family offices, and private equity funds, fund advisers, developers, and acquirers of portfolios of distressed notes or
properties.
We represent governmental entities and private developers in connection with the construction, development and
financing of sports stadiums, including drafting and negotiating development agreements, construction contracts, team
leases and management and operating agreements.
We advise, negotiate, draft and enforce contracts and agreements that protect and promote our clients’ interests,
including arena lease and management agreements; franchise finance agreements; equity agreements; agency,
management and player contracts; celebrity endorsement agreements; branding, merchandising and licensing
agreements; royalty agreements; and many more.
We advise on the structure and formation of new business ventures, the development, acquisition and disposition of
business ventures and assets, franchising agreements, and the negotiating of related deals and multi-jurisdictional
business transactions.
We represent major franchises and universities in connection with the structure and implementation of their front office
organization, drafting and implementation of athlete policies and procedures, and compliance with evolving league
regulations.
We advise organizations and individuals in connection with the labyrinth of regulations involved in individual sports,
including professional and amateur golf and tennis. As part of our practice, Andrews Kurth serves as outside counsel to
the United States Tennis Association.
We represent major colleges and universities in connection with NCAA eligibility issues and represent both institutions
and student athletes under investigation in connection with alleged violations of NCAA regulations.
STRAIGHT TALK IS GOOD BUSINESS. ®
Spor ts/Enter tainment
We structure complex sponsorship and endorsement agreements, including advice in regards to the athlete’s obligation
to use, wear or promote products or services; select, try and approve specific products; negotiate compensation and
protection for both parties in the event of injury or disruption; and negotiate contract terms such as morals clauses, force
majeure provisions, termination rights, liquidated damages provisions, and rights of termination.
We counsel individuals in the negotiation of employment contracts and benefits arrangements and provide counsel on
estate planning, tax and wealth management matters.
We counsel major manufacturers of athletic footwear, apparel and equipment on innovative and exclusive licensing
transactions and negotiate exclusive licensing contracts and marketing agreements with major professional franchises
and collegiate athletic conferences and universities.
Sports and Recreation
Andrews Kurth represents all varieties of sports organizations, associations, franchises and teams, sports management and
promotional companies, and the athletes, coaches and executives comprising the teams, staff and back office management.
We also represent the investor groups, financial institutions, private equity funds, family offices, and related parties to the
sale and purchase of teams or franchises, and the financing of teams, tournaments or large-scale special events.
Entertainment
We represent performing artists, producers, production companies, broadcasters, Internet and technology companies, and
publishers. Our clients work in a wide range of media, including motion pictures, music, broadcast and cable television.
Andrews Kurth lawyers advise a number of companies in new media fields, including Internet and multimedia ventures,
online gaming and entertainment software.
Construction and Venue Development
From project inception and financing through construction and operation agreements, Andrews Kurth provides top-to-bottom
counsel to management companies and public authorities that develop and operate sports stadiums and similar facilities.
For example, we have represented the Harris County - Houston Sports Authority in the development, construction and
financing of Reliant Stadium, Minute Maid Park, the Toyota Center and BBVA Compass Stadium. We also represented the
City of Sugar Land, Texas in the construction, development and financing of Constellation Field and the City of Cedar Park,
Texas with regards to the construction, development and financing of Cedar Park Center.
In addition, our lawyers are skilled at handling the transactional details of stadium operations involving:
Concessions
Event licensing and production
Facility management
Leasing
Operations and maintenance
Sponsorship and marketing
Public and Private Governing Bodies
Andrews Kurth has a nationally recognized public law practice with a well-earned reputation for managing the complex mix
of public and private financing often required to complete sports facility projects. We have an in-depth understanding of the
regulations that govern contracting with local, state and federal governments and routinely handle all aspects of public and
private financing, contracting and litigation. We have been on both sides of representations dealing with state and local
governments, authorities and other agencies in the issuances of revenue or general obligation bonds for financing the
development, construction and operation of all types of capital projects. In our representation of local government entities,
STRAIGHT TALK IS GOOD BUSINESS. ®
Spor ts/Enter tainment
we serve as outside general counsel to the Harris County - Houston Sports Authority.
Brand Protection, Merchandising and Distribution
Andrews Kurth’s intellectual property lawyers work with our sports and entertainment clients from the outset to register and
protect trademarks, ensure brands are established as revenue-generating assets, protect and maximize the value of
trademarks and copyrighted works, and manage the legal issues involved in creating, distributing or using all manner of
marks, merchandise and original content. We also help organizations and its athletes and entertainers develop, structure
and execute licensing strategies and agreements and maximize such licensing opportunities so as to result in more than just
an extra revenue stream.
We represent corporations, media companies, celebrities and others. We counsel them on extending and safeguarding their
brands through licensing, sponsorship and endorsements of events, products, services and websites. With the global reach
of the entertainment business, our lawyers also regularly create international joint ventures to distribute varied entertainment
content and products.
Our IP counseling and litigation experience includes sports and entertainment related copyrights and trademarks, rights of
publicity, and protection of celebrities and their estates. We also have a wealth of experience representing broadcasters and
publishers in issues involving music and film rights, literary works and game designs.