Main Menu

Welcome back to the Spotlight! This may (or may not) be the last weekend that TikTok is operational in the United States, with legislation due to come into effect on January 19, 2025 that would ban TikTok failing Chinese parent company ByteDance’s divestment of the short form content-laden social media platform. That may (or may not) be welcome news depending on whether you’re a content creator, a national security hawk, a Chinese intelligence officer or someone with “mad skibidi rizz” who just spent the last few weeks choreographing the next big dance trend (none of these necessarily being mutually exclusive, by the way). There may (or may not) be efforts afoot for a last-ditch purchase of the platform and the incoming Trump administration may (or may not) have an Executive Order at the ready to suspend the enforcement of the legislation (something that may (or may not) be legally possible) when President Trump is sworn into office the next day on January 20, 2025. The point is, the only thing that is certain is that nothing is certain.  For brands and influencers/endorsement partners in active agreements that call for posts on TikTok, conventional wisdom dictates a wait-and-see approach as we watch the clock (tick-tock, TikTok).  

Welcome back to the Spotlight! This may (or may not) be the last weekend that TikTok is operational in the United States, with legislation due to come into effect on January 19, 2025 that would ban TikTok failing Chinese parent company ByteDance’s divestment of the short form content-laden social media platform. That may (or may not) be welcome news depending on whether you’re a content creator, a national security hawk, a Chinese intelligence officer or someone with “mad skibidi rizz” who just spent the last few weeks choreographing the next big dance trend (none of these necessarily being mutually exclusive, by the way). There may (or may not) be efforts afoot for a last-ditch purchase of the platform and the incoming Trump administration may (or may not) have an Executive Order at the ready to suspend the enforcement of the legislation (something that may (or may not) be legally possible) when President Trump is sworn into office the next day on January 20, 2025. The point is, the only thing that is certain is that nothing is certain.  For brands and influencers/endorsement partners in active agreements that call for posts on TikTok, conventional wisdom dictates a wait-and-see approach as we watch the clock (tick-tock, TikTok).  

    • Basketballer brothers LaMelo, Lonzo and LiAngelo Ball seem to have made good on their father Lavar’s aspirations for them, with LaMelo and Lonzo enjoying $203 million and $85 million NBA contracts, respectively, and LiAngelo (G3 Gelo) scoring off the court with a $13 million record deal from Def Jam.  Of course that’s nothing compared to Power Ball, whose current jackpot is $330 million.
       
    • In hopes of moving product off the shelf by aligning with the fastest growing high school sport, Cosmetics brand e.l.f. becomes the first beauty sponsor of the largest high school girls wrestling competition (Wonder Women of Wrestling Tournament). If successful, this will mark the first ever wrestling victory by an elf.  
       
    • University of Georgia quarterback Carson Beck is forgoing the NFL Draft for one more year and transferring to the University of Miami for the cool sum of $4.4 million – positioning him to make more NIL money in college than a handful of starting NFL quarterbacks. But more importantly, he also gets an on-campus meal plan and an opportunity to enroll in that Art History seminar he’s been hearing so much about.

Welcome back to the Spotlight! I would have loved nothing more than to kick off the first Spotlight of 2025 on a high note. In my own little bubble, winning another fantasy football championship seemed like a promising start.  In the broader world, NFL teams are preparing to begin the postseason, the College Football season is reaching its climax and exciting professional and collegiate basketball seasons nearing their halfway point.  In the entertainment industry, awards season kicked off nicely, with the Golden Globes being at its most critically acclaimed in some time. Sadly, we find ourselves having to confront yet another devastating and sobering situation in the wake of the ongoing wildfires in Southern California.  Suddenly, awards shows, sporting events and business as usual in the sports and entertainment industries have been put on hold or relocated as, more significantly, hundreds of thousands face evacuation orders, losses of homes, businesses and loved ones. Not a great start to the year, and it does not feel like the time to (try to) be funny—I can regroup and do that next week. Instead, it is a time to check-in on those who may be impacted, offer helpful resources and, if feasible, to donate funds towards relief efforts and services.  


For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 

Welcome back to the Spotlight! Since we are in the midst of the holiday season, for my last post this year, I thought it would be fun to try something different and do a holiday-themed recap the year that was. After all, it is the most wonderful time of the year—and given my Jewish heritage, writing Christmas songs is practically in my blood. So here goes…
 
In the first month of ’24, the Spotlight gave to me, Wrexham winning four Emmys and the year’s first act of dad jokes that were all too cheesy!
In the second month of ’24, the Spotlight gave to me, a Super Bowl for the Swift-ies and a Universal Music boycott of TikTok over AI music and some paltry royalties!
In the third month of ’24, the Spotlight gave to me, one Caitlin Clark-ing, Madness a-Marching and Beyonce chart-topping Country!
In the fourth month of ’24 the Spotlight gave to me, more Caitlin a-Clarking, Rashee Rice a-speeding, Jontay Porter a-gambling and a solar eclipse for us all to see!
In the fifth month of ’24 the Spotlight gave to me, a playoff loss by the Knicks and some brand new Cristiano Ronaldo NFTs!
In the sixth month of ’24 the Spotlight gave to me, a Joey Chestnut hot dog ban and a DUI for JT!
In the seventh month of ’24 the Spotlight gave to me, FIVE OLYMPIC RINGS!!!!!!!!!
In the eighth month of ’24 the Spotlight gave to me, a haul of US Olympic Medals—including for Simone Biles, who was all smiles, Steph Curry a-napping and swimming dominance from Katie Ledecky!
In the ninth month of ’24 the Spotlight gave to me, two Levys Emmy hosting, two Mannings-casting and the 50-50 club for Shohei Ohtani!
In the tenth month of ’24 the Spotlight gave to me, more music catalogues a-selling, broadcast booth and owner’s suite for Tom Brady and a world championship for the New York Liberty!
In the eleventh month of ’24, the Spotlight gave to me. Americans a-voting, Wrexham a-brewing, Shaq NFT lawsuit settling and a crushing defeat for my Yankees ☹
In the twelfth month of ’24, the Spotlight gave to me, Juan Soto in Flushing, trying to finish quick I’m rushing, Travis Hunter in adidas, did you truly read this? Thank you for a-coming, for-singing along or humming! Wishing you a joyous holiday season and a New Year that is Happyyyyy!
 
See you in 2025!

For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 

Welcome back to the Spotlight! Just one more installment on the way next week before this dog and pony show packs it in for the rest of the year (pause for groaning, protests and/or sighs of relief). Unlike Juan Soto, I promise to be back next year—it won’t even take $765 million to make it happen. Though, for the record, I certainly would not turn down $765 million. While I’m on the subject, I’m not going to talk about the dynamics between the New York Yankees or Mets, I’ll save that for another time. Instead, if Soto is to receive $765 million (or more) over the next 15 years—the most lucrative professional sports contract—how much higher can players’ salaries go before we’re talking about equity compensation (in the form of options to purchase a piece of a team after retirement—so as to avoid apparent conflicts of interest) rather than cash? Such a shift might level the playing field so to (Soto?) speak for owners that are not worth $21 billion dollars (like the Mets’ Steve Cohen).  We’ve seen it most recently with Lionel Messi’s Major League Soccer deal with Inter Miami CF, so maybe it is just a matter of time before we see it in one of the Big Four professional sports leagues. 

    • Authentic Brands Group strikes a stadium naming rights deal to rebrand the home of MLS’ New York Redbulls, Sports Illustrated Stadium.  Perhaps that means we can expect the team to play in swimsuits one match per year.
       
    • The Writers’ Guild of America wrote (obviously) a scathing letter to Hollywood studios criticizing their allowing their intellectual property from being used for training generative AI models. In fairness to the studios, they didn’t have anything to say because the WGA didn’t write anything for them.
       
    • University of Colorado star Wide Receiver/Cornerback and Heisman Trophy frontrunner, Travis Hunter signs an endorsement deal with Adidas ahead of the draft. As part of their pitch, Adidas gave him two hats.


For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 

Welcome back to the Spotlight! Hard enough as it is to believe, but as sure as I am incessantly refreshing my web browser for stories about Juan Soto’s free agency, we’re nearly at the end of the year. Indeed, if the cold weather and manufactured deadlines that overlook that the calendar rolls over to a new day (granted, an increasingly questionable proposition in this crazy world…) were not evidence enough, people are receiving and gratuitously posting their Spotify Wrapped highlights from 2024. If I had the budget to support it, I’d do a version of my own that tracked the number of dad jokes and sports and entertainment business headlines but there’s always next year (I think). Although tomorrow may not be promised, a cringe, eye-roll and/or smile is on the below:

    • Alex Cooper -- host of the second most streamed podcast on Spotify, “Call Her Daddy” – becomes the latest celebrity to wade into the beverage industry, launching “Unwell,” an electrolyte-infused drink marketed to women. With her following, the brand may just do better than its name suggests.  
       
    • The Washington Commanders make something of an unconventional hire for their front office, bringing in the former CEO of the Campbell Soup Company to serve as the team’s President. In so doing, the team is one step closer to a souper bowl. 
       
    • Speaking of soup, the traditional Jewish soup dumpling that is a matzo ball may soon be taking a more oblong shape, as Brigham Young University’s first Jewish quarterback Jake Retzlaff unveils his NIL sponsorship with kosher food company, Manischewitz. Now that’s something to kvell at!

For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 

Welcome back to the Spotlight! With next week being Thanksgiving here in these United States, I wanted to take a moment to give thanks for my family, my readers (those first two not being mutually exclusive), my clients, my colleagues and the opportunity to return to this space and share my passion (and ramblings, etc.). With that being said, the Spotlight will return in December. But do not despair, good pilgrims– it will all be gravy. I will be stuffing as many corn-y dad jokes into this course. Some of these jokes may seem canned like cranberry sauce, and to those gibs and giblettes that are uninitiated to the Spotlight, it may seem like I am yammering on but when I am done here, you may just end up wanting seconds. So, don’t be a turkey – grab a fork and dig into this week’s fixins’.

    • The latest professional athlete to launch their own sports and entertainment focused venture capital fund (the straightforwardly-named, Build Your Legacy Ventures) is the Milwaukee Bucks’ superstar Giannis Antetokounmpo. For how exciting it must have been to work on the fund formation documents, it must have been at least equally as nerve-wracking to proofread the spelling.
       
    • NBA Hall of Famer and multi-hyphenate big man Shaquille O’Neal forks over $11 million to settle claims against him arising out of his promotion of NFTs. On a separate but related note, McDonald’s is debuting NFT art on its McCafé coffee cups. My unsolicited advice for any potential endorsement partners is to tread lightly--and for McDonald’s, it’s to bring back the Monopoly game (only this time without the fraud).
       
    • Global apparel and tennis equipment brands FILA and HEAD sign 16(!) year old high school tennis player Anna Frey to NIL deals. Congrats, Anna -- that brings me back to the days when I was (unofficially) sponsored by Yoohoo, Axe Body Spray and angst...

For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 

Welcome back to the Spotlight! I am going to be brief this week as your intrepid author is battling some sort of a classroom-(and Bloomgarden boy)-incubated sinus infection. I suppose that is one of the occupational hazards of being a dad. (Sigh…if only they would share toys as well as they share pathogens…). In any event, here’s a little bit of what else has been going on this week:

    • Former New England Patriots Quarterback Drew Bledsoe is among the minority of athletes who have positioned themselves for financial stability in their post-playing careers, notably as a proprietor of several wineries in Washington state.  He has the added security of not having Tom Brady (again) come after his job – wine has too many carbs.
       
    • X users were quick to note that top footballer Cristiano Ronaldo failed to adequately disclose his endorsement relationship with Herbalife in a promotional social media post for the wellness company—a potential violation of Federal Trade Commission regulations. If he needs some assistance with FTC compliance, I know a guy.
       
    • Professional Bull Riding (PBR) terminates its contract with Dr. Phil McGraw’s Merit Street Media over the latter’s failure to make rights payments to the bull riding tour.  In so doing, PBR became the envy of many who wish to tell Dr. Phil to cut the bull.  

For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 

Welcome back to the Spotlight! In a week that’s been dominated by headlines about the US Presidential election, against my better judgment, I can’t help but dive in to the discussion on some capacity—even though trying to write on the topic in an anodyne fashion makes me feel like I’m playing a game of Minesweeper. Throughout the respective campaigns of Kamala Harris and Donald Trump, the power of entertainment and celebrity has been on full display. On the one hand, there was Trump, who rose to national prominence years ago with the help of the reality television series, “The Apprentice” and used the support of the likes of professional wrestler Hulk Hogan and recording artist Kid Rock at this past summer’s Republican National Convention. On the other hand, there was Harris, whose political platform was widely endorsed by some of the biggest stars in the sports and entertainment world—Beyoncé, Taylor Swift, LeBron James, Steph Curry, Oprah Winfrey, George Clooney, to name a few. Objectively, if fame and the commercial value of an endorsement were a determining factor in an election, Harris would have won in a landslide. Instead, no amount of endorsements could move the needle far enough in Harris’ favor, as Trump prevailed. How and why voters voted as they did will be the subject of conjecture and examination in the days to come, but perhaps, in the current economic climate, the very voices that are so important to influencing purchasing decisions don’t carry as much weight for those who feel frustrated in their ability to afford purchases themselves. 

    • NBA big man Joel Embiid has received mounting criticism and investigations over his questionable injury status causing him to miss games for the Philadelphia 76ers. So naturally, when Embiid got into an altercation with a reporter over said criticism, his punishment was to…miss games for the Philadelphia 76ers.
       
    • Duke University Blue Devils freshman Cooper Flagg quenches his thirst for NIL income, signing an endorsement deal with Gatorade at the ripe age of 17.
       
    • Wrexham AFC co-owners Rob McElhenney and Ryan Reynolds are now also co-owners of Wrexham Lager—as shrewd marketers who have seemingly had a Midas touch over the past few years, one can only hope that they are up for the challenge of finding a way to pair beer with sports.

For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 

Welcome back to the Spotlight! To those who were hoping that Tom Brady’s retirement (the second time around) meant that his winning ways in the NFL were over, you might want to sit this one out. Indeed, the future Hall of Famer, widely thought to be the greatest quarterback of all time (except for when he plays my New York Giants in the Super Bowl) has managed to work a pretty sweet deal for himself. For one thing, he’s in the first year of a 10 year, $375 million broadcasting deal with FOX Sports to handle commentary on NFL games. Now, he’s using a substantial portion of his salary to fund his purchase of a minority ownership stake in the Las Vegas Raiders franchise. In so doing, finds himself restricted by the NFL from having to do some of the more labor-intensive aspects of sports broadcasting—attending production meetings and meeting with players and coaches—all while collecting his same paycheck. In sum, Brady has gone from owning NFL teams (not the Giants) on Sundays, to owning an NFL team everyday. Brady’s detractors can take solace in the fact that the Raiders don’t win many games—for now. 

    • Famed singer-songwriter Randy Newman sells his publishing and recorded music catalogue to Litmus Music.  Although the terms of the deal have not been publicly disclosed, rest assured that the dollar figure involved is enough for people to come out of the woodwork to tell Newman, “You’ve Got a Friend in Me.”
       
    • Golf legend Jack Nicklaus finds himself embroiled in an effort to reclaim commercial rights to his name, image and likeness from his old company that has since developed an A.I. version of Nicklaus and attempted to restrain the real Nicklaus from using his name in a commercial setting.  In other words, Nicklaus wants to take a mulligan to prevent the commercial value of his NIL from being nickel-less.  
       
    • The New York Knicks jersey patch sponsorship will shift from Sphere Entertainment Co. to Experience Abu Dhabi coinciding with an announcement from Sphere that it will be bringing another immersive entertainment venue comparable to its Sphere in Las Vegas to Abu Dhabi, bringing things full circle (or (4/3)πr3 divided by (3/4)r)  

For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 
 

Welcome back to the Spotlight! With my being glued to the Yankees game, amongst other things, I will be brief here. But hopefully, I have left just enough meat on the bone for you to dig in below.

    • Rock band Limp Bizkit sues record label Universal Music for $200 million in allegedly unpaid royalties. Universal would be forgiven for thinking that the group did not want the money since, by their own admission, they did it all for the nookie.
       
    • Former Ohio State University standout quarterback Terrelle Pryor follows in Reggie Bush’s footsteps with an NIL lawsuit against the NCAA and the Big Ten Conference, seeking to recover a substantial sum from years Pryor. 
       
    • Former NBA star Carmelo Anthony turned entrepreneur reveals his next venture is in the cannabis industry—a fitting endeavor for someone well acquainted with being mellow.

For inquiries and/or unabashed compliments, please feel free to contact me at josh.bloomgarden@foster.com or add me on LinkedIn. 

Search This Blog

Subscribe

RSS RSS Feed

Our Team
The Sports, Arts & Entertainment group at Foster Garvey provides full service legal representation on sports, entertainment and business matters, including handling transactions related to brand management, licensing, joint ventures, venture capital, private equity, technology, the Internet and new media.
Read More

Recent Posts

Topics

Select Category:

Archives

Select Month:

Contributors

Back to Page

We use cookies to improve your experience on our website. By continuing to use our website, you agree to the use of cookies. To learn more about how we use cookies, please see our Cookie Policy.