Sports and Recreational Facilities
Overview
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Hogan & Hartson has an active sports and recreational facilities practice that offers clients a breadth of experience and geographical reach that few firms possess. Our lawyers in this practice represent clients on a broad range of issues in professional, collegiate, amateur, and recreational (skiing, golf, and resorts) sports, as well as related facilities.
Experienced lawyers perform a wide variety of services for clients involved in all aspects of sports, entertainment, and sports facilities. Examples of these clients include professional sports teams and individual athletes; colleges and universities; governmental entities which have built, owned, or operated facilities leased to professional sports teams; ownership groups formed for the purpose of obtaining professional sports teams; executives of professional sports teams; ski areas and related trade associations; golf courses; trade associations of the tourism industry; governmental entities; and private entities engaged in the design, development, construction, financing, management, and operation of sports facilities.
Related Experience
Our lawyers' experience includes:
- The acquisition and sale of existing professional sports teams and of professional sports expansion teams.
- Building of new sports facilities, including advising on strategic planning, site selection and acquisition, construction, financing, land use, environmental, management, operational, and governmental issues.
- Leasing of existing sports facilities, including determining how revenue streams may be increased.
- Relocation of teams from existing facilities to another existing or to-be-constructed facility in the same area or in a different city, including advice regarding the ability of the landlord of the team’s existing facility to prevent the team from moving to a new facility, other legal risks associated with the move, and negotiations to settle existing lease obligations.
- Strategies to generate grass-roots political, business, and governmental support for a new facility or to make improvements to an existing facility, which can translate into increased season and day-of-game ticket sales, greater sponsorship commitments, less resistance to new projects, and successful negotiated settlements of existing lease obligations.
- Lobbying local, state, and federal government officials.
- Investigations and the preparation of fact-finding reports relating to sports matters for professional teams and leagues, collegiate teams, and conferences, and other amateur sports organizations.
- Financing of new facilities or improvements to existing facilities utilizing creative financing methods, including tax-exempt bonds, equipment leases, naming rights, seat licenses, tax increment financing, sponsorships, concessionaire contributions, tax abatements and credits, and governmental and charitable contributions.
- Designing and constructing sports facilities, including advising on compliance with the Americans with Disabilities Act and on contracts with design and construction firms. Antitrust issues, including the operation of facilities.
- Labor and employment issues relating to sports and sports facilities, including collective bargaining agreements, negotiations relating to player contracts, employment agreements for sports executives, and age, sex, and racial discrimination issues.
- Title IX matters (sex discrimination) in collegiate sports.
- Television, radio, and cable television contracts.
- Minority and women business enterprises to be retained in the construction or operation of facilities.
- Immigration laws as they apply to executives, employees, and athletes.
- Sponsorship agreements.
- Licensing and intellectual property matters, including trademark, copyright, and other related matters.
- Development, expansion, and operation of ski areas, golf courses, and related resorts, including advising on environmental and real estate matters and, for ski areas, the acquisition of land under governmental permit either directly from the U.S. Forest Service for cash or through a trade to the Forest Service for privately owned land.
- Purchase and sale of ski areas, golf courses, and resorts, and acquisition financing.
- Financing of expansions, land acquisitions, and improvements to ski areas, including tax-exempt financing matters.
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