February 26, 2026 • 7 mins
Attorney Stuart W. Penrose of Minnillo Law Group joins us every week to discuss sports and the law. This week we discussed what a change atop the MLBA could mean for labor negotiations, a lawsuit involving Patrick Mahomes and Travis Kelce, and a win in court for some former NFL head coaches.
Learn more at MinnilloLawGroup.com.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Typically on this show on Tuesdays, we talk about sports
and the law, sports and legal matters with attorney Stuart W.
Penrose from the Manila Law Group. You just heard a
few seconds ago. I was not here yesterday, but I
wanted to have our conversation, so I asked Stuart, can
we carve out some time maybe on Wednesday instead of Tuesday?
And he was, as one might expect, extraordinarily accommodating.
Speaker 2 (00:23):
And so here we are. Stuart, how are we doing?
Speaker 3 (00:25):
I'm doing good, moll. How about you?
Speaker 2 (00:27):
I'm doing well.
Speaker 1 (00:28):
I have a feeling you and I are going to
spend a lot of time talking about Major League Baseball
and their labor situation, which we've discussed already. The entire
twenty twenty six season is going to occur against the
backdrop of a workstoppage, a lockout in all likelihood that
will happen once the current collective bargaining agreement with the
players expires. This has been complicated because the Major League
(00:51):
Baseball Players Association has seen a shakeup in leadership because
of a scandal involving the guy that used to run
the MLBPA, and so now there's been a leader ship
change what could something like this mean for the the
upcoming negotiations.
Speaker 3 (01:06):
Well, Mo, it's it's a kind of changing your quarterback
before the Super Bowl. You know, Tony Park's been the
leader of the mlbp A for for a long time.
They know that the owners know who they're dealing with,
for better or worse, kind of the devil, you know,
versus the devil you don't in a way, so you
know who who's representing each party as a big sty
(01:27):
in setting the tone, and you know how how you
go about how aggressive you are, how cooperative you are,
And right now it's it's a it's an unknown with
the players Association. Who's going to run it? And what
kind of way is that new person going to run it?
Speaker 2 (01:45):
You know, Yeah, you're You're right. It's it's a good
way of putting it.
Speaker 1 (01:48):
I guess I would wonder if if the union's overall
position as it relates to the biggest issue in the sport,
which is so far the lack of a salarycap, like
that's that's been such a hard line stance that I
would wonder, as silly as this may sound, does it
really matter who the head negotiator is if their stance
has been unchanged for decades and is likely to unchange
no matter what.
Speaker 3 (02:10):
Well, I mean, they're only going to appoint somebody who
they who they want, who they choose, So I'm certain
they're gonna point someone that's going to represent the interest
that they want. So no, I don't think it's going
to change in that regard, but certainly the type of
leadership that person has and how dynamic they are, it
can change. The tone, can change how things are done
and uh and in many ways what is done and
(02:34):
how long it takes. Uh.
Speaker 1 (02:36):
Yeah, we're gonna be talking about this a ton as
the season unfolds, because it feels like a lockout is
almost unavoidable. Uh, can you tell me about this story
involving happen. Yeah, Well, here's here's a question though, right, Like, Uh,
you know they're they're gonna talk once the lockout starts,
for sure. I guess I would wonder, like, why why
(02:57):
can't the negotiations happen during the season. It feels like
every time we have one of these, they really don't
get the ball rolling on actual discussions about a new
labor agreement until the current one expires.
Speaker 3 (03:09):
Sure, deadlines bring a lot of bring a lot of
people to bring people to the table and create pressure
to him or something done. And sometimes people don't feel
the need to back off of their positions until they
see until they see the new clear option about to unfold.
I think it's very natural in any type of negotiation.
Speaker 1 (03:31):
I have a new rooting interest. I have a new
rooting interest. I want to switch gears. I have a
new rooting interest. I root against Patrick Mahomes. I wrote
against the Kansas City Chiefs. I hate to root against
Travis Kelcey because he played for the Bearcats, but I'm
sort of like, I'm just it's how I'm wired now
to root against. So they're being sued. They're being sued
along with people that are in business with over the
(03:52):
name of a steakhouse they've opened in Kansas City fifteen
eighty seven because I guess there's a sneaker brand fifteen
eighty seven, And they're saying, look, we already had that
four digit number as our brand, so you can't use
it for your steakhouse.
Speaker 2 (04:06):
How do we expect this to unfold?
Speaker 3 (04:09):
Well, you know, there's layers of insurance to all of this.
I mean, there are celebrity names that are put on
the top and you know it sounds sexy and you know,
headline grabbing when you have Travis Kelce Patrick Mahomes being sued.
But you know, in all likelihood, you know they certainly
aren't involved in the daily operations in such a business.
You know, they rely on their partners and management teams
(04:31):
and there's several layers of insurance that are ultimately going
to cover this. So you know, they are names. They're
outage of the lawsuits certainly, and they have to because
they're owners, but they're unlikely the main players in this.
Speaker 1 (04:42):
Quite frankly, this might be a stupid question. That's why
I have you on because you're an expert, isn't it
that isn't it easy for one to make the distinction
between a sneaker brand and a place where you can
buy a steak.
Speaker 3 (04:53):
You would think you would think they're going to have
the other plane if they have to.
Speaker 2 (04:57):
Prove their damages.
Speaker 3 (04:58):
Certainly, a steakhouse a sneaker brand are two very different things. Uh.
But you saw with the with the Utah hockey team,
you know they wanted to go with the name YETI,
and you know YETI coolers wouldn't wouldn't let him have it,
and you know made a uh, you know, made a
big stick about their trademark. You know, probably a very
misbranding opportunity, quite frankly, but you know, you you've seen
(05:20):
things akin to that.
Speaker 1 (05:21):
Certainly, our legal expert from the Manila Law Group, attorney
Stewart W. Penrose, is with us a day later than usual.
One more so, there's this racial discrimination suit being brought
on by some some African American coaches against the National
Football League. And the coaches include Brian Flores, Steve Wilks,
and Ray Horton. Uh, it's a it's a discrimination lawsuit.
(05:43):
There was a ruling in federal court that this suit's
going to proceed in an open court rather than a
closed door arbitration. I guess for me, I wasn't I
wasn't aware and this is my naivete speaking here that
such a thing could be held in a closed door
arbitration setting. I just naturally assumed this was going to
be in an open court.
Speaker 3 (06:05):
Uh.
Speaker 1 (06:05):
How often do things like this get decided by arbiters?
Speaker 2 (06:10):
Quite often.
Speaker 3 (06:11):
A lot of contracts and a lot of bargaining agreements
have have arbitration clauses. Here, and it sounds like that's
what the NFL was trying to you know, to try
and to impose, hey, we've got an arbitration agreement and
the and the court decided otherwise or that, uh, that
that it wasn't holding water in this circumstance. But you know,
being able to try this in public court versus arbitration
is a huge win for the plaintiffs here. It gives
(06:34):
them a lot more advantages by making things public. You know,
arbitration MOO is a private setting. Uh, there's limited discovery
with it. You know, there's no jury, it's very hard
to appeal. You know, it really would really benefit the NFL, uh,
you know, in a circumstance like this, whereas if you
go to uh, you know, to public court. You know,
(06:55):
first off, like a journey trial is public. Discovery is broad.
You can you can get more evidence to take more
depth positions. There's a lot more pressure that they could
put on the on the defense. You know, what comes
out in discovery. You're gonna get owners' emails that come out.
You're gonna get different communications, things that they might not
want to see the light of day that can now
you know, come out because it's going to be in
(07:17):
public court versus going to be, you know, behind the
screen of an arbitration, so it's a big win for
the plaintiffs.
Speaker 2 (07:21):
Yeah, no, it sounds like it, and you're right.
Speaker 1 (07:23):
Communication among owners, I would imagine there's a lot of
folks working in the NFL or people who own teams
who don't want that stuff being brought to light. Awesome insight.
As always, we will talk next week, my friend.
Speaker 2 (07:35):
Thanks so much, Thank you, Moo
Typically on this show on Tuesdays, we talk about sports
and the law, sports and legal matters with attorney Stuart W.
Penrose from the Manila Law Group. You just heard a
few seconds ago. I was not here yesterday, but I
wanted to have our conversation, so I asked Stuart, can
we carve out some time maybe on Wednesday instead of Tuesday?
And he was, as one might expect, extraordinarily accommodating.
Speaker 2 (00:23):
And so here we are. Stuart, how are we doing?
Speaker 3 (00:25):
I'm doing good, moll. How about you?
Speaker 2 (00:27):
I'm doing well.
Speaker 1 (00:28):
I have a feeling you and I are going to
spend a lot of time talking about Major League Baseball
and their labor situation, which we've discussed already. The entire
twenty twenty six season is going to occur against the
backdrop of a workstoppage, a lockout in all likelihood that
will happen once the current collective bargaining agreement with the
players expires. This has been complicated because the Major League
(00:51):
Baseball Players Association has seen a shakeup in leadership because
of a scandal involving the guy that used to run
the MLBPA, and so now there's been a leader ship
change what could something like this mean for the the
upcoming negotiations.
Speaker 3 (01:06):
Well, Mo, it's it's a kind of changing your quarterback
before the Super Bowl. You know, Tony Park's been the
leader of the mlbp A for for a long time.
They know that the owners know who they're dealing with,
for better or worse, kind of the devil, you know,
versus the devil you don't in a way, so you
know who who's representing each party as a big sty
(01:27):
in setting the tone, and you know how how you
go about how aggressive you are, how cooperative you are,
And right now it's it's a it's an unknown with
the players Association. Who's going to run it? And what
kind of way is that new person going to run it?
Speaker 2 (01:45):
You know, Yeah, you're You're right. It's it's a good
way of putting it.
Speaker 1 (01:48):
I guess I would wonder if if the union's overall
position as it relates to the biggest issue in the sport,
which is so far the lack of a salarycap, like
that's that's been such a hard line stance that I
would wonder, as silly as this may sound, does it
really matter who the head negotiator is if their stance
has been unchanged for decades and is likely to unchange
no matter what.
Speaker 3 (02:10):
Well, I mean, they're only going to appoint somebody who
they who they want, who they choose, So I'm certain
they're gonna point someone that's going to represent the interest
that they want. So no, I don't think it's going
to change in that regard, but certainly the type of
leadership that person has and how dynamic they are, it
can change. The tone, can change how things are done
and uh and in many ways what is done and
(02:34):
how long it takes. Uh.
Speaker 1 (02:36):
Yeah, we're gonna be talking about this a ton as
the season unfolds, because it feels like a lockout is
almost unavoidable. Uh, can you tell me about this story
involving happen. Yeah, Well, here's here's a question though, right, Like, Uh,
you know they're they're gonna talk once the lockout starts,
for sure. I guess I would wonder, like, why why
(02:57):
can't the negotiations happen during the season. It feels like
every time we have one of these, they really don't
get the ball rolling on actual discussions about a new
labor agreement until the current one expires.
Speaker 3 (03:09):
Sure, deadlines bring a lot of bring a lot of
people to bring people to the table and create pressure
to him or something done. And sometimes people don't feel
the need to back off of their positions until they
see until they see the new clear option about to unfold.
I think it's very natural in any type of negotiation.
Speaker 1 (03:31):
I have a new rooting interest. I have a new
rooting interest. I want to switch gears. I have a
new rooting interest. I root against Patrick Mahomes. I wrote
against the Kansas City Chiefs. I hate to root against
Travis Kelcey because he played for the Bearcats, but I'm
sort of like, I'm just it's how I'm wired now
to root against. So they're being sued. They're being sued
along with people that are in business with over the
(03:52):
name of a steakhouse they've opened in Kansas City fifteen
eighty seven because I guess there's a sneaker brand fifteen
eighty seven, And they're saying, look, we already had that
four digit number as our brand, so you can't use
it for your steakhouse.
Speaker 2 (04:06):
How do we expect this to unfold?
Speaker 3 (04:09):
Well, you know, there's layers of insurance to all of this.
I mean, there are celebrity names that are put on
the top and you know it sounds sexy and you know,
headline grabbing when you have Travis Kelce Patrick Mahomes being sued.
But you know, in all likelihood, you know they certainly
aren't involved in the daily operations in such a business.
You know, they rely on their partners and management teams
(04:31):
and there's several layers of insurance that are ultimately going
to cover this. So you know, they are names. They're
outage of the lawsuits certainly, and they have to because
they're owners, but they're unlikely the main players in this.
Speaker 1 (04:42):
Quite frankly, this might be a stupid question. That's why
I have you on because you're an expert, isn't it
that isn't it easy for one to make the distinction
between a sneaker brand and a place where you can
buy a steak.
Speaker 3 (04:53):
You would think you would think they're going to have
the other plane if they have to.
Speaker 2 (04:57):
Prove their damages.
Speaker 3 (04:58):
Certainly, a steakhouse a sneaker brand are two very different things. Uh.
But you saw with the with the Utah hockey team,
you know they wanted to go with the name YETI,
and you know YETI coolers wouldn't wouldn't let him have it,
and you know made a uh, you know, made a
big stick about their trademark. You know, probably a very
misbranding opportunity, quite frankly, but you know, you you've seen
(05:20):
things akin to that.
Speaker 1 (05:21):
Certainly, our legal expert from the Manila Law Group, attorney
Stewart W. Penrose, is with us a day later than usual.
One more so, there's this racial discrimination suit being brought
on by some some African American coaches against the National
Football League. And the coaches include Brian Flores, Steve Wilks,
and Ray Horton. Uh, it's a it's a discrimination lawsuit.
(05:43):
There was a ruling in federal court that this suit's
going to proceed in an open court rather than a
closed door arbitration. I guess for me, I wasn't I
wasn't aware and this is my naivete speaking here that
such a thing could be held in a closed door
arbitration setting. I just naturally assumed this was going to
be in an open court.
Speaker 3 (06:05):
Uh.
Speaker 1 (06:05):
How often do things like this get decided by arbiters?
Speaker 2 (06:10):
Quite often.
Speaker 3 (06:11):
A lot of contracts and a lot of bargaining agreements
have have arbitration clauses. Here, and it sounds like that's
what the NFL was trying to you know, to try
and to impose, hey, we've got an arbitration agreement and
the and the court decided otherwise or that, uh, that
that it wasn't holding water in this circumstance. But you know,
being able to try this in public court versus arbitration
is a huge win for the plaintiffs here. It gives
(06:34):
them a lot more advantages by making things public. You know,
arbitration MOO is a private setting. Uh, there's limited discovery
with it. You know, there's no jury, it's very hard
to appeal. You know, it really would really benefit the NFL, uh,
you know, in a circumstance like this, whereas if you
go to uh, you know, to public court. You know,
(06:55):
first off, like a journey trial is public. Discovery is broad.
You can you can get more evidence to take more
depth positions. There's a lot more pressure that they could
put on the on the defense. You know, what comes
out in discovery. You're gonna get owners' emails that come out.
You're gonna get different communications, things that they might not
want to see the light of day that can now
you know, come out because it's going to be in
(07:17):
public court versus going to be, you know, behind the
screen of an arbitration, so it's a big win for
the plaintiffs.
Speaker 2 (07:21):
Yeah, no, it sounds like it, and you're right.
Speaker 1 (07:23):
Communication among owners, I would imagine there's a lot of
folks working in the NFL or people who own teams
who don't want that stuff being brought to light. Awesome insight.
As always, we will talk next week, my friend.
Speaker 2 (07:35):
Thanks so much, Thank you, Moo
Mo Egger News
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