On May 24, 2010, the United States Supreme Court issued its eagerly anticipated decision in American Needle, Inc. v. National Football League, 130 S. Ct. 2201 )2010(. In a unanimous decision authored by Justice Stevens, the Court reversed and remanded the Seventh Circuit's opinion regarding the licensing of the NFL's intellectual property. The case involves a fundamental question of whether or not the National Football League is a single entity, and, as such, exempt from attack under section 1 of the Sherman Antitrust Act. The Court held that the league, through its separate corporation NFL Properties, was involved in concerted action when it granted an exclusive license to one vendor, and, thus, not categorically insulated from a section 1 challenge. The case presented the Supreme Court with an opportunity to clarify its decision in Copperweld Corp. v. Independence Tube Corporation, 467 U.S. 752 (1984).
Two members of the section, Professors Feldman and McCann, will discuss the implication of the Supreme Court's decision. Both have already published articles on the case prior to the Supreme Court's decision. A third panelist will offer a practitioner's perspective on the case.
Business Meeting at Program Conclusion.