I Speak Out for Athletes Everywhere


As many of you know, I’m not a fan of the wide world of sports. But I am a fan of labor unions, and in that capacity, I have noticed that there have been quite a few lockouts over the past couple of years — four in fourteen months, to be exact. I assumed that was because of the general shittiness of the sports bosses. It is, but there’s another factor, as Dave Zirin reports here: the shittiness of the sports bosses’ lawyers.

A law firm called Proskauer Rose is now representing management in all four major men’s sports leagues, the first time in history one firm has been hired to play such a unified role. In practice, this has meant that in four sets of negotiations with four very different economic issues at play, we get the same results: lockouts and a stack of union complaints with the National Labor Relations Board. It’s been great for owners and awful for players, fans, stadium workers and tax payers.

Proskauer Rose partner Howard Ganz represents the NBA and Major League Baseball, and fellow-partner Bob Batterman has led negotiations for the NFL and the NHL. As Sports Business Daily reported, “Batterman and Ganz provide advice on strategy, as well as on issues that can emerge during talks, such as the legality of using replacement players.”

[ . . . ]

Proskaur Rose’s love affair with corporate power is not confined to representing professional sports owners. They boast on their website of having “one of the world’s pre-eminent private equity practices.” They are Bain, if Bain was smart enough to remain in the shadows. The firm’s other prize clients are a Murderers Row of Big Oil titans including BP America, Chevron, and ExxonMobil. Incidentally, this culture of representing polluters and union busters with pride and without societal concern seems reflected in the firm’s internal culture. Proskauer Rose is now being sued by their former Chief Financial Officer Elly Rosenthal, who accused the law firm of firing her following sixteen years as CFO after she took leave for breast cancer treatment. (Remember Elly Rosenthal the next time you see the NFL festooning its players in pink for Breast Cancer Awareness Month.)

As it happens, I know Proskauer Rose quite well. Years ago, when I led the grade strike at Yale, the administration hired Proskauer to represent them in an unfair labor practices suit we brought against the university (Yale had tried to break the strike by threatening us with mass firings, expulsion, which would have meant deportation for international students, and negative letters of recommendation.) My most vivid memory of that case was of the lead attorney Saul Kramer (the other one was this tool) yelling at me at the witness stand, reading aloud statements I had made in a meeting where I called for massive disruption — I think I may have even used the word anarchy — of the campus.

This article is for subscribers only. Please login or subscribe to access our full archives and beautiful print and digital magazine starting at just $3 a month.