The Mike Meltser Podcast on Sports and Law

On March 11, 2022, a Harris County grand jury declined to indict former Houston Texans Quarterback Deshaun Watson. The prosecution's case was presented by a sex crimes prosecutor from the Harris County District Attorney's Office, which is led by the District Attorney.    Mike's guest is Harris County District Attorney Kim Ogg. In this conversation, Ogg addresses a number of questions related to the grand jury process and the Watson matter: What is the purpose of the grand jury process? What is the role of the prosecutor in the grand jury process?  How did the District Attorney's office handle the investigation of Deshaun Watson?  Ogg addresses two aspects of a recent New York Times story about Watson, including (1) the number of communications between the HCDAO and Watson's attorney, Rusty Hardin, and (2) how often grand jury packets are used for criminal defendants in Harris County  The HCDAO's position on a recent Yahoo! Sports story about a police detective who investigated the Watson matter and felt a crime was committed Has the NFL, or the Browns, reached out to the Harris County District Attorney's Office to discuss Watson? How can the citizens of Harris County be assured that justice was done in the Deshaun Watson matter? Music Credit: Slow Burn by Kevin MacLeod   Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is about the 22 lawsuits (filed so far) against Texans QB Deshaun Watson in the last month in civil court in Houston, alleging assault, sexual assault, and inappropriate behavior.  Mike's guest is Steph Stradley, a Houston-based sportswriter and lawyer at the Stradley Law Firm. She often does legal explainers for fans regarding sports discipline issues, contracts, investigations, and practical aspects of the law. She has a detailed FAQ post about the Watson lawsuits that can be found here. (0:54) Mike provides the background on the lawsuits that have been filed against Watson. (3:43) What exactly do we know so far? (7:12) The plaintiff's lawyer, Tony Buzbee, held a news conference on Tuesday in which two of Watson's accusers revealed their names and gave their stories. Mike and Steph discuss the impact of this news conference and how it has altered the course of this story. (10:55) Will we learn anything once Watson formally responds to the lawsuits in court? (12:50) Is it possible to maintain a wait-and-see approach with this story, with more information entering the public sphere every day? (18:01) Mike and Steph discuss Rusty Hardin (Watson's lawyer)'s response to Buzbee's Tuesday news conference.  (27:35) How difficult is it for the defense to "prove a negative" in these types of cases? (31:35) Are some of the lawsuits more concerning than others? Can we tell that at this point? (34:10) A complainant has come forward to the Houston Police Department, who are now investigating Deshaun Watson. How does this type of investigation work? (39:41) What is the NFL's Commissioner's Exempt List, and why does it matter in this case? (45:16) Some have suggested that Watson needs to settle these claims as soon as possible. Is that possible? How quickly could a settlement be reached? (50:35) Mike and Steph took a variety of Twitter Q and As, including the following topics: Hardin's current quality as an attorney, why Watson couldn't stop the news conference, the projected legal paths forward, Watson possibly staying with the Texans, and whether or not the Mann Act applies to this situation.          (1:09:32) Mike's concluding thoughts on what will happen moving forward with the Watson lawsuits.  ​The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit: Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is about a major sports law case in front of the Supreme Court this week, NCAA v. Alston. The case centers around the application of antitrust law to the NCAA, and the Court faces this question: are the NCAA's eligibility rules regarding compensation of student-athletes a violation of federal antitrust laws?  Mike's guest is Chris Sagers, a Professor of Law at Cleveland State University at the Cleveland-Marshall College of Law. His bio can be found here.  (3:21) What is this case all about?  (5:13) Why the Supreme Court taking this case concerns some antitrust experts. (6:15) Why is the NCAA subject to the federal antitrust laws?  (6:50) What's the background on this case? What's been happening before the case reached the Supreme Court?  (8:25) What did the plaintiffs really want initially, and what did they get from the courts at the lower level?  (9:30) How will the composition of the Supreme Court, with the addition of new Justice Amy Coney Barrett, affect the ruling in NCAA v. Alston?  ​The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit: Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is about former Astros GM Jeff Luhnow's recent lawsuit against the team for breach of contract. Luhnow claims that the team unlawfully fired him for cause in January 2020 and he is seeking more than $22 million in damages. Mike's guest is Steph Stradley, a Houston-based sportswriter and lawyer at the Stradley Law Firm. She often does legal explainers for fans regarding sports discipline issues, contracts, investigations, and practical aspects of the law.  (1:35) Mike provides the background on Luhnow's lawsuit against the Astros (4:47) Why was this the right time for Luhnow to file suit? (5:45) Shouldn't this have been resolved in January, when Astros owner Jim Crane fired Luhnow? (9:40) Does Luhnow actually want to take his case to trial? (11:19) Arbitration will be a significant factor in this litigation. Why is arbitration generally considered to be a negative for plaintiffs? Does the arbitration clause in Luhnow's contract apply, given Major League Baseball's role in suspending Luhnow for the Astros' sign-stealing scandal? Why did Luhnow's lawyers write that the Court should appoint a neutral arbitrator to resolve this dispute?      (17:46) Why did Luhnow's lawyers attack MLB's sign-stealing investigation? (22:50) Luhnow was suspended by MLB for a whole season for his role in the Astros' sign-stealing scandal. Mike and Steph discuss whether this suspension was enough for the Astros to fire Luhnow "for cause." (27:45) Where did this idea come from that MLB commissioner Rob Manfred and Jim Crane negotiated Luhnow's suspension? (33:40) Mike's concluding thoughts on the Luhnow lawsuit, including Luhnow's possible future in MLB and evaluating the arguments made in the lawsuit.        ​The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

Mike provides his thoughts, for an hour, on Texans owner Cal McNair's decision to fire head coach Bill O'Brien  (2:30) Mike's initial reaction to the firing after a Week 4 loss (6:13) JJ Watt perfectly encapsulted the feeling in Houston after O'Brien's firing  (14:08) Mike's reaction to the report that Watt had a verbal altercation with O'Brien a few weeks ago   (24:13) Why Mike fears that Cal McNair will screw up the GM and HC search   (34:01) Looking back at O'Brien's tenure in Houston. When was the right time to fire him? (38:15) Mike has never gotten over O'Brien's lack of a plan at QB from 2014-2015  (45:05) What is BOB's future? Mike explains why he has the ability to be a successful head coach in the future   (1:00:27) Some quick thoughts on future GM and HC candidates for the Texans   ​The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

Mike gives his thoughts on the Texans falling to the Steelers 28-21, after a promising first half but very poor second half in Pittsburgh.  (2:00) Houston's 1st and 10 plays in the second half were an absolute disaster.  (7:06) How do the Texans figure out their impotent rushing attack? (14:05) A big picture look at the Texans scheme, comparing Bill O'Brien's coaching to hires to those of Sean McVay and Matt Rhule (19:13) Mike analyzes two defensive breakdowns on Pittsburgh's final offensive possession of the game  (22:20) The run defense continues to be a major problem for Houston (26:21) Mike explains why the playoff picture in the AFC is simpler than you may think, even though we're only three weeks into the offseason  (31:19) Why Texans fans shouldn't fear the concept of Cal McNair refusing to fire O'Brien; the fear is actually something else (36:41) Mike finishes with some positives, including Deshaun Watson's accuracy and the team's clock management   ​The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

Mike gives his main takeaways after another unsatisfactory Texans performance, falling to the Ravens 33-16 at NRG Stadium in Week 2 of the NFL Season.  (2:00) The big picture problem is that the Texans haven't even been competitive against the Chiefs and the Ravens (10:40) Mike weighs in on whether this feels different from the slow starts to the 2015 and 2018 regular seasons  (13:50) The Texans went for it on 4th and 1 on their own 34 yard line in the first half. Was it the right move?  (18:55) Keke Coutee killed the Texans, again (21:17) Mike evaluates the play of the defense  (26:21) Mike's thoughts on Deshaun Watson through the first two games of the season    (33:10) Mike lists the positives from the loss to the Ravens and looks ahead to next week's matchup with the Pittsburgh Steelers ​The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

The NFL season is back! Mike gives his thoughts on a disappointing 34-20 loss for the Texans at the hands of the Super Bowl Champion Kansas City Chiefs. (1:52) Why this was basically a "non-performance" by Houston (5:16) Why Mike believes the schedule is a major problem for this Texans team (10:04) The Texans matched up terribly with the Chiefs (11:29) Breaking down some of the key sequences in the game, particularly in the first half (18:50) The biggest issue for Houston was in the trenches (23:15) Why couldn't the Texans hit big plays offensively? (29:20) Mike lists the few positives coming out of this Week 1 loss ​The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This is a 2-part episode of the Mike Meltser podcast, which explores the insurance aspect of the massive losses the sports industry has sustained due to COVID-19 and the Ravens attempting to terminate Earl Thomas's contract for "conduct detrimental to the team." Mike's guest is Vince Morgan, who is one of the nation's most prominent corporate policyholder litigators and a partner at Bracewell LLP in Houston. You can find out more information about Vince here. (2:53 ) Why are the Houston Rockets suing their insurance company? (4:25) What language determines whether business-interruption insurance policies cover COVID-19 losses? (6:32) Why Wimbledon and the NCAA were able to collect money from their insurance companies after the cancellations of Wimbledon and the NCAA Tournament, respectively. (8:40) Where does "civil authority" come in?  (10:00 ) Vince's thoughts on the future of COVID-19 related litigation in the sports context (10:52) Mike explains the fight that is in store after the Baltimore Ravens released safety Earl Thomas on Sunday for "conduct detrimental to the team." Will the Ravens be able to terminate his contract and avoid paying Thomas the $10 million he is owed in guaranteed money for 2020? Mike explains the process in store and analyzes the likely arguments from the Ravens and from the NFLPA (on Thomas's behalf). The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is a preview of Texans training camp, which is underway in Houston in advance of the 2020 season opener on September against the Kansas City Chiefs. Mike's guest is his former co-worker Cody Stoots, who has worked as a sports radio host at SportsRadio 610 in Houston and SB Nation Radio.  Follow Cody on Twitter. (4:07) Reflecting on the DeAndre Hopkins deal  (5:45) What has to happen for the Hopkins deal to look a little better in the future? (10:38) Can the skillset of the WRs bring out the best in Deshaun Watson? (14:30) How exactly will the Texans run the ball this year? (20:03) Which players are hurt most by a lack of preseason games? (24:30) Mike and Cody discuss the key position battles in training camp (29:30) What needs to happen for the Texans defense to be effective in 2020? (36:57) How much of a problem is the opening four games of the season? (43:51) Cody's 3 selling points on the 2020 Texans (45:31) Cody's hot take on Texans RB Duke Johnson (47:46:) Who are the key players to watch in training camp?      The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is about Washington's NFL team, which recently announced that it is retiring its long-time nickname. Reports indicate that the announcement of a new name will not be announced because of trademark issues. This episode explores the trademark issues Washington is facing right now.  Mike's guest is Yocel Alonso, who practices entertainment law at Alonso PLLC. He is an adjunct professor of law at the University of Houston Law Center and has litigated trademark issues over the course of his career. Yocel's firm can be located here.  (4:10) What is a trademark? (4:52) What kind of benefits do you have when you own a trademark?  (6:03) How does a trademark owner protect the use of the mark?  (7:46) How does somebody get a trademark? (12:21) There are two parties who are claiming an interest in the trademark "Washington Red Tails." Yocel explains which party has the upper hand.  (15:15) How does a possible owner of a trademark show that he has been "using" the trademark?  (17:07) If Washington wants to get the nickname "Red Tails," what should they do?  The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is about former XFL Commissioner Oliver Luck's lawsuit against WWE CEO and Chairman Vince McMahon.  Mike's guest is Jason Cruz, an attorney who practices in Seattle, writes for MMA Payout, and has written about the Luck v. McMahon lawsuit. Jason's firm can be located here. (2:55) Background on McMahon's decision to hire Luck as the commissioner of the rebranded XFL. (5:15) Why the XFL fired Luck "for cause" immediately before filing for bankruptcy. (6:06) Why Luck is suing McMahon personally, and not the XFL (Alpha Entertainment) as a business entity. (9:03) Why is this a fight that McMahon wants?  (9:49) Jason explains what a personal guarantee is.  (11:28) Mike and Jason discuss the four arguments that McMahon has made in claiming that Luck was properly terminated "for cause." (19:53) What exactly is an "indispensable party" to a lawsuit, and is Alpha Entertainment an indispensable party here? (22:25) Jason explains how Alpha Entertainment's bankruptcy affects the Luck v. McMahon lawsuit. (24:32) How much is Luck's case hurt by the federal judge staying his case as Alpha Entertainment's bankruptcy plays out first?  (26:21) What is Jason's prediction for the resolution of this case?  The Mike Meltser Podcast is brought to you by Alamo Remedy CBD. Website: Alamo Remedy CBD Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode takes a look back at the negotiation between Major League Baseball (the owners) and the Major League Baseball Player's Association (the players) to start the 2020 season. Mike's guest is Eugene Freedman, special counsel to the President of the National Air Traffic Controllers Association and experienced labor lawyer. You can read Freedman's analysis about the MLB labor negotiation at FanGraphs.  (4:11) Why was there a massive fight over the players receiving fully prorated salaries? (5:23) What did the March Agreement say about prorated pay for the players?    (8:55) Why the failure of this negotiation could lead the MLBPA to file a grievance. (9:47) What is a grievance? (11:26) MLB Commissioner Rob Manfred made a few strange comments on The Dan Patrick Show about the 60-game schedule. (12:25) Does Freedman believe Manfred gave the MLBPA more ammunition in a possible grievance? (15:31) What Manfred did to help the owners defend a grievance. (18:15) How much is a grievance worth for the MLBPA?       The Mike Meltser Podcast is brought to you by Alamo Remedy CBD.  Website: http://www.alamoremedy.com/ Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is unlike any so far on The Mike Meltser Podcast. Mike focuses on the doctrine of qualified immunity for police officers, which has become a major topic over the last month in the United States.  Mike's guest is Erika McDonald, recent University of Houston Law Center graduate and Law Clerk at the Kallinen Law Firm.  (5:35) What does qualified immunity for police officers actually mean?  (6:50) Why juries aren't hearing many of these types of cases. (11:40) Why has the interpretation of the original intent of the law implicating qualified immunity changed so much?  (16:30) Erika explains why the burden on plaintiffs has been made so difficulty in modern times. (26:00) Why wouldn't plaintiffs just sue police departments and cities, as opposed to individual police officers? (28:13) Is it easier or harder to successfully sue a police department?  (30:40) What would happen in qualified immunity for police officers was simply abolished?  (38:08) What is an ideal solution to fix this area of the law?  The Mike Meltser Podcast is brought to you by Alamo Remedy CBD.  Website: http://www.alamoremedy.com/ Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is about the impact of employment laws on the NBA's decisions about older head coaches if (and when) the league resumes play in Orlando. There has been some discussion over the last few weeks about the NBA possibly banning coaches like Mike D'Antonio and Gregg Popovich from the bench, based on the way COVID-19 has impacted older populations. Mike discusses the two main employment laws the NBA needs to think about: the ADEA (age discrimination), and the ADA (disability discrimination).  The guest for this episode is Philip Berkowitz, a Shareholder at Littler Mendelson, a national employment defense firm.  (3:20) Berkowitz explains why the NBA can look back to an international battery company for guidance (4:39) What would Berkowitz do if he was the NBA's General Counsel? (5:30) Is it a good idea for the NBA to make older head coaches wear masks? (6:33) Mike explains why recent EEOC guidance makes it extremely difficult for the NBA to exclude any individual employee. (9:35) Why shouldn't the NBA just make every worker sign a waiver? The Mike Meltser Podcast is brought to you by Alamo Remedy CBD.  Website: http://www.alamoremedy.com/ Promo code: MIKEM Music Credit:  Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/

This episode is about how professional and college sports in America will return in the middle of the COVID-19 pandemic. Mike's guest is Zachary Binney, an epidemiologist at the Oxford College at Emory University in Atlanta. (3:45) Why is everyone worried about a "second wave" of COVID-19? (5:39) Does Zach like the NBA's "bubble" plan in Orlando? (7:31) How critical is daily testing for COVID-19? (13:16) How many positive tests would force the need for a shutdown? (21:56) Zach's early impressions on the NFL's health and safety protocols for 2020. (25:42) Why Zach doesn't think fans in stands makes any sense right now. (29:30) What's the latest update on a possible vaccine for COVID-19? Music Credit: Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/ 

This episode of the podcast is about the litigation involving NBA star Zion Williamson. Is Zion facing any liability to his former marketing agent, Gina Ford?  (0:50) How Zion's legal troubles with Ford began. (3:11) Where does the North Carolina Uniform Athlete Agents Act come in? (5:18) How Ford's attorneys brought up salacious allegations against Zion in the discovery process.  (7:13) Mike explains the goals of Gina Ford's lawyers.  (9:29) Why the latest developments in this litigation could make Zion liable to pay Ford millions of dollars. (11:56) Could Coach K factor into the lawsuit?  (12:45) What Zion's biggest concern should be.   Music Credit: Slow Burn by Kevin MacLeod Link: https://incompetech.filmmusic.io/song/4372-slow-burn License: http://creativecommons.org/licenses/by/4.0/ 

This episode of the podcast focuses on the NCAA's announcement last week that the Board of Governors has adopted guidelines for college athletes to make money off of their name, image, and likeness. Soon, these athletes will be able to do endorsement deals and earn possibly significant revenue from third party companies.  Mike's guest for this episode is John Long, Of Counsel at Jackson Lewis and an expert in NCAA infractions.  (1:18) Mike gives the background on how we got here, and how different states ultimately forced the NCAA's hand. (9:54) How exactly will college athletes be able to make money from their name, image, and likeness? (12:17) How will compliance work once these new rules are adopted? (20:08) Why does the NCAA want Congress to step in? (23:29) Why is the NCAA desperate to get an antitrust exemption? (28:46) Is the NCAA Football game ever coming back?!? (32:03) When will the new rules be implemented? 

In this episode, Mike explores the recent ruling against the US Women's National Soccer Team in their lawsuit against US Soccer. The USWNT, among other claims, has argued that they are paid less than the USMNT, in violation of the law.  Mike's guest to explain the surprising ruling is Steven Bank, Professor of Business Law at UCLA. Professor Bank is also a frequent commentator on soccer law issues.  (1:35) Why did the USWNT lose a key ruling on summary judgment on their claim of equal pay? (3:41) How does it make sense that the federal judge concluded that the women actually were paid more than the men?  (6:23) Professor Bank has a theory for why the USWNT's case may have gotten weaker over time. (8:01) What about the fact that US Soccer has actually made arguments that men's soccer players deserve to get paid more than women's soccer players?   (10:14) What happens now? Will the USWNT appeal? How likely is a settlement, and how does Friday's ruling affect a possible settlement? 

This is a two part episode, with Mike discussing the Houston Texans 2020 Draft and MLB's report into the Red Sox sign-stealing scandal. (1:00) Mike gives his grade on the Texans Draft (3:03) Analyzing the Ross Blacklock selection (11:00) What actually happened right before the Jonathan Greenard pick?  (13:24) Mike's least favorite pick (17:05) Should the Texans have traded 57 for Brandin Cooks, knowing the players who ended up being available? (25:28) Analyzing Laremy Tunsil's new deal (40:31) Why Mike liked MLB's investigation of the Astros more than MLB's investigation of the Red Sox  (41:30) Mike lists his major issues with the Red Sox report (49:45) There is no conspiracy against the Houston Astros