Shout-Out: A Triple Play for Skadden's Anthony Dreyer
In a five-day span preceding the holiday, the IP litigator and co-head of Skadden's sports practice resolved three major cases: two via favorable settlements, and one by winning complete dismissal of a $150 million claim.
November 26, 2018 at 11:41 PM
3 minute read
Skadden, Arps, Slate, Meagher & Flom Washington, D.C. offices. June 19, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.
Skadden, Arps, Slate, Meagher & Flom partner Anthony Dreyer just cleared his plate—and I don't mean at Thanksgiving dinner.
In a five-day span preceding the holiday, the IP litigator and co-head of Skadden's sports practice resolved three major cases: two via favorable settlements, and one by winning complete dismissal of a $150 million claim.
In the highest-profile of the three matters, Dreyer and Skadden partner Jeff Mishkin represented the PGA Tour in reaching a deal on Nov. 20 with pro golfer Vijay Singh, who said the tour wrongly accused him of an anti-doping violation.
According to court papers, Singh in a Sports Illustrated article admitted to using a product called “deer antler spray” for his knee and back problems.
The PGA promptly began an anti-doping investigation. Singh's urine sample tested negative for any banned substance, but the PGA sent the spray to a laboratory, which determined it contained Insulin-like Growth Factor 1—a banned substance.
Singh and the PGA were headed for arbitration over the doping allegations (while the tour kept his earnings in escrow) when the World Anti-Doping Agency announced deer antler spray is not actually prohibited.
Represented by Peter R. Ginsberg of Peter R. Ginsberg Law LLC, Singh sued the PGA in New York state court, alleging that the tour's doping program is recklessly and inconsistently administered, that he was exposed to ridicule and humiliation, and that the tour lacked the legal authority to put his prize money in escrow.
In 2017, Justice Eileen Bransten on motions for summary judgment kept alive Singh's claim that the PGA breached its implied covenant of good faith. In June, the Appellate Division First Department upheld her decision.
The terms of settlement last week were not public, but the PGA and Singh released a joint statement making nice with each other.
“The PGA TOUR recognizes that Vijay is one of the hardest working golfers ever to play the game, and does not believe that he intended to gain an unfair advantage over his fellow competitors in this matter,” the statement said. “Vijay fully supports the PGA TOUR's Anti-Doping Program and all efforts to protect the integrity of the game that he loves so much.”
For Dreyer, this happy ending followed a resolution the day before on behalf of client the Pan American Health Organization in a trademark fight with Uniting for Health Innovation.
The settlement included a stipulated permanent injunction, cancellation of Uniting for Health Innovation's infringing trademark registration, and a confidential monetary payment to the Pan American Health Organization.
Uniting for Health was represented by Bryan Couch of Connell Foley.
But wait—there's more. On Nov. 16, Dreyer and Mishkin plus counsel Peter Julian and Jordan Feirman scored for the NCAA, NBA, NFL, NHL and MLB in a fight with the New Jersey Thoroughbred Men's Association.
Notwithstanding this year's Supreme Court ruling, the Skadden team persuaded a federal judge in New Jersey to dismiss the association's $150 million claim that it was wrongfully enjoined from conducting sports betting operations.
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