Creighton Law Review Symposium

Sports Law in 2024 and Beyond: The Future of Collegiate Athletics, Stadium and Venue Issues, and the Explosion of Gambling in Sports

The Creighton University School of Law and Creighton Law Review present the annual Creighton Law Review Symposium. This year’s topic is Sports Law in 2024 and Beyond: The Future of Collegiate Athletics, Stadium and Venue Issues, and the Explosion of Gambling in Sports. Learn about the most current guidance on Name, Image, and Likeness laws and regulation, key considerations for developing and maintaining stadia, and the booming influence of gambling in the realm of professional and amateur sports. Join us for a comprehensive examination of the challenges and opportunities shaping the future of sports law.  

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Designed For

Lawyers, community members, students

Provided By

Creighton University School of Law
Creighton University Office of Continuing Education

Keynote Speaker: Val Ackerman, Big East Commissioner

Val Ackerman was named the fifth Commissioner of the Big East Conference on June 26, 2013. She was the founding President of the Women's National Basketball Association (WNBA) and is a past President of USA Basketball, which oversees the U.S. men's and women's Olympic basketball program.  She has had a long and accomplished career in the sports industry and is one of the few executives in sports who has held leadership positions in both men’s and women’s sports at the collegiate, professional, national team and international levels.  She is an inductee of the Naismith Memorial Basketball of Fame (2021), the Women’s Basketball Hall of Fame (2011) and the New Jersey Hall of Fame (2021).  In 2016, Val received the Women’s Sports Foundation’s Billie Jean King Contribution Award for significant contributions to the development and advancement of women’s sports.
  
While at the helm of the BIG EAST, Val has presided over the rebirth of the conference following the decision in 2012 of seven then-current BIG EAST schools (DePaul, Georgetown, Marquette, Providence, St. John’s, Seton Hall and Villanova) to separate from the original BIG EAST Conference and align with Butler, Creighton and Xavier to form the present configuration.   She led the relocation of the conference office to its current site in New York City and has managed the BIG EAST’s fruitful partnerships with Fox Sports, which provides wall-to-wall coverage annually of BIG EAST men’s basketball on FOX, FS1 and FS2, and with Madison Square Garden, which has hosted the conference’s men’s basketball tournament since 1983.  In 2018, the BIG EAST and MSG entered into a venue agreement extension that will keep the Garden as the home of the BIG EAST tournament through 2028.  In 2019, Val also led the negotiations which resulted in the return to the BIG EAST of the University of Connecticut, one of the conference’s charter members, effective July 1, 2020. 

Panelists

Tina Eick
Director of Operations, Iowa Racing & Gaming Commission

David Gardy Ermann
Counsel, FanDuel

Bob Freeman
Partner, Fraser Stryker

Matt Heap
Managing Director, Prohibet

Mark Hesser
President and CEO, Pinnacle Bancorp

Matt Mahoney
Senior Vice President of Development, Kroenke Sports & Entertainment (KSE)

Joshua Meyer
Partner, Kutak Rock

David Weber
Professor, Creighton University School of Law

Schedule

1 p.m.
Introduction of Dean Fershée
Ana Hingorani
Creighton University Law Student

1:05 p.m.
Welcome
Joshua P. Fershée, JD
Dean, Creighton University School of Law

1:10 p.m.
Introduction of Keynote Speaker
Ana Hingorani
Creighton University Law Student

1:15 p.m.
Keynote: Val Ackerman, JD
Commissioner | Big East Conference 
University of Virginia, UCLA School of Law 

Commissioner Ackerman will address the impact that Name, Image, and Likeness has had on collegiate sports. She will provide an overview of the current state of the law, including the obligations on universities and rights of student athletes. These topics will be discussed in the context of the relevant SCOTUS decisions. Commissioner Ackerman will also address the gaps in existing law and potential opportunities for future legal interpretation or legislation on this issue. 

2:15 p.m.
Introduction of Session 1
Taylor Schmidt
Creighton University Law Student

2:20 p.m.
Session 1: Stadium and Venue Challenges: Exploring Development, Naming Rights, and Financing Considerations

This panel will dissect the complexities of stadium and venue management, delving into the legal intricacies of naming rights agreements, regulatory hurdles in development, and the financing structures underpinning these projects. This panel offers a comprehensive exploration of the legal challenges and opportunities shaping the future of sports and entertainment venues.

Presenters:
Bob Freeman
Matt Mahoney
Mark Hesser
Josh Meyer 

Panel Discussion Points 

Bob Freeman, drawing from his wealth of experience, will delve into the intricacies of structuring public-private partnerships in Omaha. His expertise extends to the formation and governance of key city assets such as the arena, convention center, baseball stadium, downtown parks, and major sporting events. Additionally, as the general counsel for Metropolitan Entertainment & Convention Authority (MECA) and Omaha Sports Commission, Bob actively contributes to venue development considerations for these organizations.

Matt Mahoney will examine the various intricacies and considerations that comprise large sports venue development projects. Key considerations include location, economic impact on surrounding communities, environmental concerns, and regulatory compliance. Matt will draw from his extensive experience in real estate development work. His current focus includes active involvement in a significant rezoning project for the Ball Arena Campus.

Mark Hesser, drawing on his role as Pinnacle Bank President, will speak on the extensive process involved in developing the Pinnacle Bank Arena in Lincoln, Nebraska. With a focus on the naming rights process, Mark will share valuable insights gained from his significant involvement. Additionally, he will delve into the economic impact of Pinnacle Bank Arena on downtown Lincoln, shedding light on the development of additional businesses, hotels, and residences in the surrounding area.

Josh Meyer, drawing on his legal expertise, will explore the complexities of financing sports arenas through collaborations with tax-exempt finance. In his capacity as bond counsel for numerous Nebraska state government issuers, Josh will provide insights into the key considerations essential for venue development and bond issuance by government entities.

3:20 p.m.
Break

3:45 p.m.
Introduction of Session 2
Alexandre Barbour
Creighton University Law Student

3:55 p.m.
Session 2: The Explosion of Legalized Sports Gambling and Potential Perils    

This panel will explore the rapidly expanding world of legalized sports gambling. Our panelists will delve into the legal intricacies, challenges, and potential pitfalls associated with the surge in sports betting. Our discussion will detail the regulatory frameworks governing this industry, the implications for sports integrity, and the legal considerations surrounding responsible gambling practices. This panel provides a timely examination of the evolving legal landscape, offering a comprehensive understanding of the complexities and risks associated with the widespread legalization of sports gambling.

Presenters:
David Gardy Ermann
Tina Eick
David Weber
Matt Heap

Panel Discussion Points 

David Gardy Ermann, in his capacity as counsel for FanDuel, a prominent sports betting platform, will discuss the legal considerations inherent in his role. He will share valuable insights into his experiences as counsel, shedding light on the dynamic landscape of the sports gambling industry as it expands into new markets. David will articulate the strategic steps taken to ensure compliance within these evolving markets, providing a nuanced perspective on the legal intricacies and challenges associated with the rapidly growing realm of sports betting.

Tina Eick, Director of the Iowa Racing and Gaming Commission, will speak from her extensive work within the commission on the evolving landscape of sports betting in Iowa and across the nation. Tina will provide valuable insights into the new concerns and considerations that have emerged with the surge in sports betting activities, as well as the regulatory practices and address concerns related to the growing prevalence of sports betting platforms.

David Weber is an expert in Name, Image, and Likeness issues, especially for international students. He will bridge the overlap of NIL concerns, specifically for international student-athletes and the rise of sports gambling. With a comprehensive background in both legal and sports industries, David brings a unique perspective to the discussion. His academic contributions have been instrumental in shaping the discourse around the recent surge in legalized sports gambling, shedding light on its impact on athletes, leagues, and the broader sporting landscape.

Matt Heap will discuss his experience in developing new regulatory software aimed at preventing prohibited bettors from engaging in sports betting to protect the integrity of the industry. He will draw upon his decades of experience working in gaming regulation in both the public and private sectors. Matt will explore new perils that may arise from the rapid increase in sports gambling and how they can be addressed. His commitment to responsible and transparent practices in this evolving landscape makes him a sought-after voice for discussions on the intersection of law, sports, and gambling.  

4:55 p.m.
Closing Statements
Taylor Schmidt
Creighton University Law Student

5 p.m. 
Adjournment

Education Credit

Creighton University School of Law is an accredited sponsor of continuing legal education in the states of Nebraska and Iowa. This program is pending continuing legal education in Nebraska and Iowa.

Registration

No cost to attend.