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Davis+Gilbert LLP

From our base in New York, we represent a diverse range of clients across the country and around the world.

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The success of any sports organization, whether a professional league, team, collegiate program, individual athlete or brand sponsor, is grounded in its reputation and ability to engage with fans. At Davis+Gilbert, our Sports + Entertainment team fuses strategic vision with deal-level experience to help our clients protect, empower and grow their reputations and brands across the business of sports. We serve as trusted external counsel or as an integrated extension of in-house legal, media, sponsorship and brand teams, calibrating our role to each client’s goals and marketplace dynamics.

Davis+Gilbert represents clients across the sports ecosystem, from emerging leagues and standout athletes to global brands and media platforms, on high-impact matters involving sponsorship and naming rights, media and content licensing, athlete and celebrity contracts (including NIL), and intellectual property and branding protection. Whether structuring a long-term naming rights deal, negotiating athlete endorsement agreements, or resolving disputes over event broadcast rights, our team brings deep industry insight and commercial judgment to every stage of a transaction, negotiation or conflict.

To stay ahead in today’s converging sports-media-tech landscape, our Sports practice also works on the front lines, counseling on promotion programs, digital content strategies, influencer and NIL arrangements, Olympic and NCAA athlete restrictions, and regulatory guardrails around sponsorship and advertising in sports settings. When governments, leagues or regulatory bodies call, we support clients through investigations, compliance reviews, enforcement challenges and consent negotiations, backed by cross-practice strength in advertising, media, intellectual property, privacy and corporate law.

Capabilities

Davis+Gilbert delivers business-oriented counsel that helps sports clients anticipate risk, maximize value, and build sustainable fan, media and brand relationships in an evolving marketplace.

Media, Marketing and Intellectual Property: Known worldwide for our advertising, marketing, and media experience, Davis+Gilbert helps clients maximize their brand exposure and revenue opportunities. We’ve negotiated thousands of naming and sponsorship agreements, including those covering the four major U.S. team sports (NFL, NBA, MLB and NHL) and leading women’s sports (WNBA, LPGA and NWSL), plus NASCAR, the U.S. Olympic and Paralympic Committee, FIFA, and touring sporting events such as extreme sports, drone racing, esports and figure skating competitions. In addition, we advise on digital and broadcast distribution deals, the creation of sports-related contests and sweepstakes, and on social media campaigns, influencer marketing, and viral marketing.

Fan Experience: A seamless and engaging fan experience is paramount in sports, both onsite and away from venues. We counsel clients on fan touchpoints including ticketing models, in-stadium technology, food and beverage operations and charitable and community outreach efforts. In addition, we advise on the creation, deployment and maintenance of trademark portfolio rights for innovative merchandise and services that connect fans with their favorite teams. To strengthen fan-team relationships outside the arenas, we help clients launch and deploy next-generation content streaming services. We also advise on the production and distribution of documentaries and reality series.

Team and League Operations: Activities that form the backbone of any business — including financings, acquisitions, joint ventures and the negotiation of bespoke revenue-generating and other commercial agreements — are uniquely challenging in the sports ecosystem, where complex ownership structures, a diverse array of stakeholders, and regulatory and league governance-related challenges create competing priorities. We help clients navigate these wide-ranging challenges, addressing the key legal issues while keeping business goals at the forefront.

Athletic Performance and Privacy: Ongoing innovation in sports comes with privacy considerations. We counsel sports tech businesses on data collection and privacy compliance issues when using traditional and new technologies, such as compliance with new consumer privacy laws, particularly regarding location data, facial recognition, and biometric identifiers and information security obligations.

Representative Experience

Media, Marketing and IP

  • Advised global sponsors on compliance with the IOC and the USOPC Rule 40 guidelines — particularly when the rules were substantially revised ahead of the Tokyo Games, presenting challenges for the promotion of athlete relationships.
  • Represented a video game/digital-entertainment client in navigating worldwide compliance issues, including rules governing competitive gaming tournaments and online contests.
  • Negotiated a trans-continental partnership agreement for a major public packaging company covering venue naming rights for an NBA, NHL and NLL arena (alongside interconnected team and venue sponsorships), sponsorship of multiple NFL teams and stadium, and sponsorship of English Premier League club.
  • Assisted a tennis legend with structuring name, image, and likeness (NIL) licensing arrangements to preserve legacy and monetize brand identity.
  • Advised digital recruitment and roster management platform in navigating NCAA and College Sports Commission guidelines while serving high school and college athletes, athletic departments and player representatives.
  • Negotiated sponsorship and advertising agreements on behalf of sponsors with Major League Baseball teams and venues, such as the New York Yankees and Yankee Stadium; the Los Angeles Dodgers and Dodger Stadium; the New York Mets and Citi Field; and the Tampa Bay Rays and Tropicana Field.
  • Advised on The J.M. Smucker Co.’s (JMS) first-ever Team USA sponsorship with the United States Olympic Committee covering four JMS brands, which also included partnerships with eight Olympic athletes, as well as network partnerships.
  • Negotiated team and stadium sponsorship agreements with NFL teams, such as the Chicago Bears; the Atlanta Falcons; the Dallas Cowboys; the Houston Texans; the Philadelphia Eagles; and the South Florida Stadium Corp., owner of Pro Player Stadium.
  • Negotiated numerous NASCAR race team and individual driver sponsorship agreements, including vehicle and uniform placement, merchandising and related promotional rights, driver endorsement and personal appearances and related benefits, on behalf of sponsors such as CitiFinancial, Boston Beer and others.
  • Advised documentary filmmakers on production of sports-focused documentary series, negotiating production agreements, producer agreements, product placement and brand integration agreements and helped navigate permission requirements of leagues and players’ associations.
  • Advised one of the most influential cryptocurrency platforms on a global sponsorship agreement with a Formula One team, securing exclusive crypto partner status and prominent branding rights. The deal involved navigating complex financial services regulations across jurisdictions, structuring Web3 activations and negotiating IP protections.
  • Advised a women’s professional sports association on domestic and international television, online and mobile rights distribution.
  • Advised a professional sports league on the start-up of their network and continue to advise the league on and media issues relating to its operation and the league’s entertainment ventures.

Fan Experience

  • Represented the producers of a documentary series spotlighting the breakthrough 2023 WNBA season and the growing cultural impact of women’s sports. Advised on rights clearance, defamation risks, legal implications surrounding media commentary, and distribution strategy.
  • Negotiated multi-year talent contracts with top NFL and NBA athletes on behalf of an innovative e-sports tournament app to help drive awareness and visibility with fans who compete for cash prizes.
  • Negotiated agreements for the first-ever music festival at a minor league baseball club’s stadium, creating new off-season uses, revenue streams, and fan engagement opportunities, while increasing in-season season ticket renewals.
  • Advised online ticketing service on ticket “options,” allowing non-season ticket holders the opportunity to purchase the right to acquire post-season tickets at the beginning of each season.
  • Represented multiple local food vendors in negotiations for stadium concessionaire agreements for innovative food hall-style stadium concessions.
  • Advising the NBPA on its charitable foundation community outreach initiatives, including overseas tournaments such as the Africa Basketball League and player activations in conjunction with NBA.
  • Advised multiple professional teams on pre-paid ticket, food & beverage and merchandise policies in connection with COVID-related game cancellations and modifications.

Team and League Operations

  • Advised a global sports league in structuring a secured credit facility with a major U.S. bank.
  • Counseled a preeminent minor league baseball club during MLB’s restructuring of its minor league system and the transformation of its business relationship with MLB.
  • Counseled the owners of a National Hockey League franchise in the sale of a controlling interest in the team and related businesses to a global sports, marketing, media, entertainment and real estate company. (experience from a lawyer at his prior firm)
  • Counseled a Triple-A minor league baseball team in connection with its sale to a New York-based sports management group for minor league clubs affiliated with Major League Baseball.
  • Represented private equity investors in connection with their acquisitions of multiple minor league baseball teams and ongoing representation of the owners.
  • Represented a global sports league in its secured credit facility provided by one of the largest banks in the U.S.
  • Represented a minor league baseball affiliate in connection with its debt and equity financing arrangements.
  • Counseled a national leading baseball and softball player development and college placement organization on its debt and equity financing arrangements.
  • Represented a private equity firm in connection with the acquisition by one of its portfolio companies of an adtech platform for virtual advertising and product placement for live sports.
  • Represented a multinational advertising and public relations company in its acquisition of a sports marketing agency known for crafting brand strategies for elite athletes and global brands.
  • Guided a marketing and communications company in the sale of a leading producer of sports collectibles to a global leader in licensed sports merchandise.
  • Represented an experiential marketing agency, and a sponsorship analytics firm, in their acquisition by a sports technology firm.

Athletic Performance and Privacy

  • Representing an athlete challenging a suspension by a national governing body in an Olympic sport.
  • Advising professional athletes in connection with cybersquatting, domain name and personal branding matters.
  • Advised a major sports organization on privacy issues for the launch of a new website that closely integrates with broadcast networks and local affiliates and provides tools and services for fans.
  • Advised teams and sports venues regarding implementation of facial scanning and other biometric data collection technology under BIPA and similar state regulations.
  • Advised sports technology companies in connection with patent litigation over fitness technology and exercise tracking features.
  • Represented clients in drafting and clearing promotional, sponsorship, and content agreements, particularly in the intersection of media rights and athlete-image licensing, to guard against claims of ambush marketing or unauthorized use.
  • Served as media and technology counsel to a global sports streaming platform. Advising on advertising, product and privacy issues, including the launch of its platform in the U.S., the structure of its subscription programs and ad tech/privacy compliance.

Key Contacts

  • Attorney James Johnston

    James Johnston

    Partner

    Area Of Focus

    • Intellectual Property + Media
    • Advertising + Marketing
    212 468 4867
    jjohnston@dglaw.com
  • Media item displaying John Algie

    John Algie

    Partner

    Area Of Focus

    • Corporate + Transactions
    212 468 4928
    jalgie@dglaw.com
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