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29 Ent. & Sports Law. 1 (2011-2012)

handle is hein.journals/entspl29 and id is 1 raw text is: Im act of American Needle v. NFL on FB.T v. Aftermath: Eminen Electronic Discove in Lea ue Sports. lective Bargaining and Merchandising Raps the Record Industry Who Controls the laybook? A PUBLICATION OF THE ABA FORUM ON THE ENTERTAINMENT AND SPORTS INDUSTRIES VOLUME 29, NUMBER 1 SPRING 2011 [ Forum on the Entertainment & Sports Industries -I- Product Endorsements Beware of New FTC Guides BY PAMELA M. DEESE he opportunity to endorse a product means many things to an athlete or ce- lebrity. Most often it suggests that you have arrived at a status where someone is willing to pay you because they believe that consumers will be motivated to act based on your recommendation. In fact, there is more to simply saying a product changed your life than an unwary endorser might recognize. The U.S. Federal Trade Commission (FTC) actually developed policies known as Guides that provide the template for appropriate participation in the business of product endorsements. The Guides Concerning the Use of Endorsements and Testimonials in Advertising as revised contain two key aspects that advertisers and endorsers should take note of: First, there are changes pertaining to consumer endorsements, which eliminate the results CONTINUED ON PAGE 30 The Robot's Record Protecting the Value of Intellectual Property in Music When Automation Drives the Marginal Cost of Music Production to Zero BY WILLIAM JACOBSON The following essay is the overall winner of the GRAMMY Foundation®'s 13th annual Enter- tainment Law Initiative (ELI) writing competition, open to students of all ABA-accredited law schools. The competition invites students to research, analyze, and submit essays regarding a compelling issue facing the music industry and propose a solution. It promotes future careers in entertainment law by seeking out the nation's top law students and giving them invaluable networking and educational opportunities. A national panel of legal experts judges the papers in a blind process and selects five finalists, including an overall winner. The ELI writing competition awards over $20,000 in scholarships, including all-expense-paid trips for the contest winners to CONTINUED ON PAGE 32 PROFILE Stephanie Vardavas BY MATTHEW KIMMEL tephanie Vardavas wakes up in the morning facing a decision most would find daunting: What shall I do next? In depth and breadth, Vardavas' career is enviable of sports' law practitio- ners many years her senior and now, after nearly 14 years working in the general counsel's office at Nike, after corporate aiid departmental reorganizations, it is once again time to find a new challenge. For her, though, the proposition is an. opportunity. She credits her successes not to her sterling academic credentials or creative legal mind, but to her willing- ness to tackle new challenges: Every professional job that I've ever had has exposed me to more, not fewer, possibili- ties. If I hadn't left Major League Baseball (MLB) when I did and gone to work at ProServ, I would never have been ex- posed to tennis, golf, basketball, or foot- ball. And, in leaving ProServ and coming to Nike, I have just amped up the types of work and issues I've been exposed to. Most lawyers become more specialized as they practice longer. For me, happily, it has been exactly the opposite. At this writing, Vardavas is preparing to leave Nike for her next opportunity. Her next stop, no doubt, will utilize the skills that she has developed throughout a robust CONTINUED ON PAGE 37

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