Investigations

The Journal of Business & Technology and Entertainment, Arts and Sports Law Association at the University of Maryland Carey School of Law have chosen Stuart M. Paynter to present at their October 3, 2011 sports law symposium, "The Intersection of Sports and Business in Today’s Legal Arena." Mr. Paynter will be a member of the Symposium’s “Athlete Images/Media Rights Panel” and is expected to discuss issues relating to the In re NCAA Player Name & Likeness Licensing Litigation. Mr. Paynter serves as counsel for Plaintiff Sam Keller in that action, which is currently pending in the Northern District of California.

December 21, 2010

A federal court in California today granted a request to certify a nationwide class of consumers who purchased Electronic Arts’ Madden, NCAA and AFL brand football videogames. The decision represents a vindication for plaintiffs, who have alleged that Electronic Arts killed off its competition in the market for football videogames by signing a series of exclusive agreements with the NFL, NFLPA, NCAA and AFL. In an extensive 67 page analysis, Chief Judge Vaughn Walker rejected Electronic Arts’ arguments against certification and called the analysis of its main expert “unconvincing.” In addition to certifying the class, Judge Walker appointed The Paynter Law Firm PLLC and Hagens Berman Sobol & Shapiro LLP as co-counsel for the class. Purchasers of Electronic Arts’ football videogame titles who wish to be notified of further developments may contact the attorneys representing the class through the contact form on this website, by emailing maddenNFL@hbsslaw.com or by calling (206) 623-7292.

For a copy of Chief Judge Walker’s decision, please click here.

October 30, 2010

The Sports and Entertainment Law Association of Arizona State University has selected Stuart M. Paynter to present at its October 30, 2010 sports law conference, "A-Rod to Jay-Z: Sports and Entertainment law in the 21st Century." Mr. Paynter will be discussing the publicity rights of athletes particularly as relates to the In re NCAA Player Name & Likeness Licensing Litigation action currently pending in the Northern District of California. Mr. Paynter is counsel for Plaintiff Sam Keller in that action. Mr. Paynter will also discuss The Paynter Law Firm's recent action against the NCAA regarding its anti-competitive restrictions on athletic-based scholarships.

August 31, 2010

A federal district court today granted final approval to the settlement negotiated on behalf of purchasers of Lifelock's products. In approving the settlement, the judge noted the "legal skill demonstrated by all Counsel for Plaintiffs in litigating" the matter. A copy of the judges order granting final approval can be found here. As noted in the Court's order, the private litigation was settled in conjunction with an FTC settlement. More information on the FTC settlement can be found at www.ftc.gov/lifelock.

January 6, 2010

Following extensive argument before the Honorable John E. Munter of the Complex Department of the Superior Court of California, County of San Francisco, the Court refused to dismiss a suit against Nestle USA alleging that Nestle USA participated in a conspiracy to fix the price of chocolate products in the United States and Canada. For a transcript of the proceedings and a copy of the order please click here.

A federal judge today allowed a suit by two purchasers of Electronic Arts Madden football videogame to proceed. The suit captioned Pecover v. Electronic Arts alleges that Electronic Arts unlawfully monopolized the market for interactive football videogames. In his opinion rejecting Electronic Arts’ challenges to Plaintiffs’ antitrust claims under California and federal law, Judge Vaughn Walker held that the “theories advanced” by Electronic Arts all “miss their mark.” A copy of the opinion can be found here.

The Paynter Law Firm today filed suit against the NCCA, Electronic Arts and the Collegiate Licensing Company on behalf of Plaintiff Samuel Keller, former Nebraska and ASU quarterback. The suit alleges an unlawful conspiracy to use NCAA player likenesses in videogames produced by Electronic Arts. Filed in the Northern District of California, the case seeks damages on behalf of all NCAA division I football and basketball players whose names and/or likenesses were utilized in Electronic Arts videogames. A copy of the complaint in the action can be found here.

A federal judge today ordered a lawsuit brought on behalf of California consumers remanded to California Superior Court for the County of San Francisco. The remand opinion will permit a California court to address claims that Nestle USA participated in an unlawful conspiracy to fix the price of chocolate products in the United States. A copy of the opinion can be found here.

Feb. 8, 2010 A federal judge today allowed a suit by former NCAA quarterback Sam Keller to proceed against the NCAA, Electronic Arts and the Collegiate Licensing Company. The suit alleges that the defendants conspired to unlawfully use the name and likenesses of NCAA student athletes in videogames produced by Electronic Arts. In allowing the suit to proceed, the Court expressly rejected claims by Electronic Arts that it had a First Amendment right to utilize player names and likenesses in its videogames. The Court’s decision establishes a strong precedent for athletes and individuals everywhere seeking to prevent corporations and sports leagues from exploiting their names and likenesses for commercial gain. For a copy of the decision, please click here.