March 26, 2020
(Originally Published: March 26, 2020, Daniel Wallach, The Athletic)
Not long ago, the issue of player discipline loomed as a high-priority item for the NFLPA when it came time to negotiate the next collective bargaining agreement.
Between 2015 and 2017, the union was on the losing end of a string of federal court rulings – in cases involving Tom Brady, Adrian Peterson and Ezekiel Elliott – that reaffirmed the NFL commissioner’s broad disciplinary authority under Article 46 of the CBA, and made it decidedly more difficult for players to successfully challenge the commissioner’s disciplinary decisions in court.
In each of these high-profile cases, the federal courts upheld lengthy suspensions imposed by commissioner Roger Goodell for conduct which he deemed to be detrimental to the game (in the case of Brady), or a violation of the league’s personal conduct policy (in the cases of Peterson and Elliott), despite serious questions being raised as to the fairness of the league investigation and disciplinary proceedings. (Note: The Athletic is currently offering a free 90 trial subscription.)
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Daniel Wallach is the founder of Wallach Legal LLC, a law firm devoted principally to the burgeoning field of sports wagering and gaming law in the United States. Known as “The Sports Betting Attorney,” Dan has counseled professional sports teams, sports betting operators, fantasy sports companies, sports data providers, integrity monitoring companies, casinos, racetracks, video game manufacturers, and start-up companies in navigating the complexities of U.S. gambling laws and regulations.
He also speaks regularly to lawmakers and policymakers seeking guidance on the policy aspects of sports betting legislation. He has testified before the California Legislature, the Kentucky Legislature, and the New York Senate as a subject matter expert on legal issues relating to sports betting. Dan was also a featured panelist at the 2018 Summer Meeting of the National Conference of State Legislators from Gaming States, where he was part of a panel discussion on the nuances related to possible sports betting legislation emerging in the wake of the Murphy v. NCAA decision.
Dan is the co-founding director of the University of New Hampshire School of Law’s Sports Wagering and Integrity Program, the nation’s first law school certificate program dedicated to the regulatory and legal aspects of sports wagering. He is an adjunct professor of law at two ABA-accredited law schools: the University of New Hampshire School of Law and the University of Miami School of Law, where he designed the nation’s first law school course programs centered on sports betting law and regulation. Continue reading.