Women in the Law - California Sports Lawyer
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®
®
®
MAY/JUN 2020
Women
in the
Law
Legal Ethics in the
PLUS Age of Coronavirus
Volunteering in Robes
Practicing Law
Productively at Home
CONTENTS
COLUMNS
PRESIDENT'S COLUMN BUSINESS OF LAW
8 Don’t Let a Covid-19 “Gender 17 Practicing Law Productively
Tax” Set Women Back — A Call to at Home
Action for Leaders in the Law by Anne Kammer
and Beyond
by Johanna Schiavoni SAN DIEGO VOLUNTEER
45 LAWYER PROGRAM
LAW SCHOOL COLUMN by Jennifer Nelson
11 Law Review Makes
Better Lawyers MEET YOUR BAR-ISTA
by Kelly Reis 45 Elizabeth Sorensen
LRIS Senior Specialist
ETHICS
12 Ethics in a World Upside Down:
Pandemic Changes Everything WHY I BELONG
46 Get to know Mariza Lockhart
Page by Edward McIntyre
18 TECHNOLOGY WHAT TO DO WHEN ...
14 46 Your Client is Incompetent
Tech Tidbits
by Bill Kammer by Shannon O'Neill
DISTINCTIONS
47
FEATURES
LEGAL ETHICS IN THE AGE OF ATHLETES VS. TIME
18 CORONAVIRUS 36 by Jeremy M. Evans
From the D.C. Bar
by Saul Jay Singer JOHN J. CLEARY
39 by Chuck Sevilla
VOLUNTEERING IN ROBES
20 Serving as a Temporary Judge JUDGE WILLIAM B. ENRIGHT
by Renée N.G. Stackhouse 40 TRIBUTE
by Hon. Larry Burns
THE COST OF LIVING
32 AS A WOMAN THE CHAPTER
Page A Look Into the Pink and 41 by George W. Brewster Jr.
Tampon Taxes
40 by Hailey Johnson TUMULTUOUS TERMS:
43 ALL THE WORLD'S A STAGE
PIRATES LIVE ON IN THE FORM by George W. Brewster Jr.
34 OF SOVEREIGN STATES
by Lisel Ferguson
Women in the Law
WOMEN IN THE LAW 100TH ANNIVERSARY OF THE
21 by Lilys D. McCoy 28 19TH AMENDMENT
by Julie Houth
FINDING MY VOICE AS
22 A FEMALE LITIGATOR THE WILL TO FIND A WAY
by Sarah Brite Evans 29 My Unique Path to
Law Practice
WORK/LIFE BALANCE OF by Rachel M. Allums
24 LAWYER MOMS
by Renée N.G. Stackhouse THE RISE OF WOMEN
30 IN POLITICS
Page
BETTY BOONE by Yahairah Aristy
21 26 Steady as She Goes
by George W. Brewster Jr.
SAN DIEGO LAWYER | May/June 2020 5ATHLETES
VS.
TIME
THE POWER OF PANDEMICS ON THE
SPORTS INDUSTRY, PSYCHOLOGY,
AND PHYSIOLOGY OF PERFORMANCE
By Jeremy M. Evans
Cartoon by George W. Brewster Jr.
he record is clear: the entire The entertainment industry is no and offering more, but different
T live sports industry has been
upended during the current
pandemic. The result of this is that
different. 2 The news media outlets,
however, and the internet, video
conferencing, gaming, and streaming
content. Others have gone to
Esports, like NASCAR’s iRacing and
NBA 2K, where professional athletes
athletes, broadcasters, streamers, are all breaking records with use and compete in their sport of gaming and
advertisers, and fans are all feeling viewership numbers.3 Sports fans consume the live game as if
the financial and emotional loss of streamer DAZN, run by a former watching a broadcast on television.
not having sports. It started with the ESPN executive, has stated that they
cancellation of entertainment and are unlikely to pay their bills. However, what about the
media conferences like South by Through the CARES Act, the United psychological and physiological
Southwest (SXSW), movie theaters, States government is sending funds training of the athletes? What
and business meetings. Then came (by temporarily suspending the happens when an Olympic athlete
the announcements of suspended payroll tax) to individuals and is suddenly forced to extend training
seasons for American college sports offering emergency loans to for another year before the proverbial
for men and women, the Women's businesses to survive, with incentives dance? The simple answer would be
National Basketball Association to those companies that do not let that the athlete gets more time to
(WNBA), the National Women's employees walk. prepare and train. True, but the
Soccer League (NWSL) and Spring athlete will also be a year older.
Training and the season by Major On the international stage, Age matters in collegiate, Olympic,
League Baseball (MLB), Major entertainment, media, and sports and professional sports regarding
League Soccer (MLS), the National conferences and games have been peak performance. 4 Furthermore,
Basketball Association (NBA), and suspended or canceled, including there is always the potential for injury
the National Hockey League (NHL). Wimbledon. Most recently, the 2020 and mental toughness plays a role.
The National Football League (NFL) Summer Olympics were postponed
followed suit with delays and a first- to July 2021, although for advertising, Practically speaking, the National
of-its-kind virtual NFL Draft. The XFL branding, and historical purposes, Collegiate Athletic Association
then canceled its inaugural season. the Games will still be called the (NCAA) has extended college playing
“Tokyo 2020.” Some conference eligibility for an extra year.5 In the
Financially speaking, the industry will organizers and sports leagues have news, the MLB has extended
lose billions of dollars just from pivoted their businesses by going payments to minor leaguers.
television contracts and advertising.1 virtual via technology and platforms Sports executives and professional
36 SAN DIEGO LAWYER | May/June 2020athletes have taken pay cuts and For the athlete specifically, and athletes are no different. As
donated funds to keep employees adaptation is both mental8 and much as the athletes need mental
working and dreams alive. There physical.9 Once acceptance occurs toughness and physicality through
have been discussions about (e.g., the Olympics being postponed training, Americans and the world
extended seasons. for one year), the hard work begins. have used sports to get back to life
Athletes will have to fight time like and work before.10 Sports have often
It would be irresponsible not to Tom Brady in his Facebook special, played a major role in the next great
mention the issues with contract Tom vs. Time. There is a reason that American comeback. When sports
cancellations, extensions, athletes utilize trainers and sports return, it will be one of the first steps
postponements, and the implications psychologists; they need them, and toward life outside and beyond the
of force majeure clauses, rightfully so. Imagine preparing for virtual experience.
impracticability, and frustration of the bar exam only to be told the
purpose.6 The above applies to exam would not happen for another Recovery is also about adaptation,
sponsorships, endorsements, and year. The first thought would be even if by necessity. Meaning,
salary, as much as it applies to inconvenience, the next anger, then the move to digital is happening
broadcast dollars, merchandise, and despair, and then maybe acceptance quicker.11 Indeed, brace for change
vendors. Although NBA Commissioner and preparation. that is permanent as well.
Adam Silver has stated that 99% of
viewership is online through some One thing is for sure, athletes will Jeremy M. Evans
media platform, even before the rely heavily on their agents and (Jeremy@CSLlegal.com) is
pandemic, that 1% of in-person family members to get through the the Founder & Managing
attendees is significant and without process, not to mention the training Attorney at California Sports
games being played, all parties are with assistance from professionals. Lawyer®, representing
entertainment, media, and
having a tough time adapting.7 Everyone needs experts and help,
sports clientele based in
Los Angeles.
Footnotes
1. Matthew Futterman, Kevin Draper, Ken Belson and Alan Blinder, “The 6. Schuyler Moore, “Responding to COVID-19: How to Limit Damages
Financial Blow of the Coronavirus on Sports,” The New York Times, After a Breached Contract (Guest Column),” The Hollywood Reporter,
March 14, 2020 (https://www.nytimes.com/2020/03/14/sports/ March 16, 2020 (https://www.hollywoodreporter.com/thr-esq/covid-
sports-coronavirus-impact.html) 19-how-limit-damages-a-breached-contract-1284818)
2. Cynthia Littleton and Elaine Low, “Hollywood Braces for Coronavirus 7. Tim Bontemps, “Adam Silver lays out conditions for NBA's return,
Financial Hit That Could Change the Industry Forever,” Variety, mulls charity game 'diversion',” ESPN, March 18, 2020 (https://www.
March 19, 2020 (https://variety.com/2020/biz/features/ espn.com/nba/story/_/id/28923583/adam-silver-lays-conditions-
hollywood-coronavirus-financial-festivals-film-television- nba-return-mulls-charity-game-diversion)
production-1203537442/); Hadley Meares, “Closed Movie Theaters
and Infected Stars: How the 1918 Flu Halted Hollywood,” The 8. Dr. JoAnn Dahlkoetter, “10 Sports Psychology Mental Training Tips,”
Hollywood Reporter, Apr. 1, 2020 (https://www.hollywoodreporter. HuffPost, Nov. 6, 2012 (https://www.huffpost.com/entry/sports-
com/news/how-1918-flu-halted-hollywood-1286640) psychology_b_2062354)
3. Julia Alexander, “The entire world is streaming more than ever — and 9. Coach Pace, “The Five Principles of Elite Athletic Performance,” The
it’s straining the internet,“ The Verge, March 27, 2020 (https://www. Sports Armory (https://thesportsarmory.com/5-principles-of-elite-
theverge.com/2020/3/27/21195358/streaming-netflix-disney-hbo- athletic-performance/)
now-youtube-twitch-amazon-prime-video-coronavirus-broadband-
10. Mark Ein, “The uniquely unifying power of sports, and why it matters,”
network)
World Economic Forum, Feb. 9, 2018 (https://www.weforum.org/
4. Ross Pomeroy, “This Is When Athletes Hit Their Peak,” Real Clear agenda/2018/02/north-and-south-korea-have-shown-us-the-
Science, June 24, 2015 (https://www.realclearscience.com/journal_ unifying-power-of-sport/)
club/2015/06/25/this_is_when_athletes_hit_their_peak_109280.
11. Jeremy M. Evans, “Three Ways Businesses Must Adapt,” Sports
html)
Radio America, March 23, 2020 (https://sportsradioamerica.
5. Mark Schlabach, “NCAA approves extra year of eligibility for spring com/2020/03/23/three-ways-businesses-must-adapt/)
athletes,” ESPN, Mar. 30, 2020 (https://www.espn.com/college-
sports/story/_/id/28972856/ncaa-approves-extra-year-eligibility-
spring-athletes)
SAN DIEGO LAWYER | May/June 2020 37You can also read
