Three Key Points:
- Legal Experts: Skadden and Proskauer Rose are prominent firms advising on the merger, bringing vast experience in sports law to the table.
- Ownership Dynamics: Both leagues have substantial backing—RedBird Capital and Dwayne “The Rock” Johnson for the XFL, and Fox Corp. for the USFL.
- Unknown NFL Role: The NFL’s potential involvement in an XFL-USFL merged entity remains unclear, adding a layer of complexity.
Introduction
Thursday, the XFL and USFL announced their intentions to merge. While the specifics are still under negotiation, what is clear is the caliber of legal firepower each side has enlisted. Bloomberg Law reports that Proskauer Rose and Skadden, Arps, Slate, Meagher & Flom are aiding these leagues in their complex merger process. This article explores the implications of this legal alliance and what it it means for the future of spring football.
Legal Titans Step In
According to Bloomberg Laws Brian Baxter the XFL is represented by Skadden corporate partners Thaddeus Hartmann and Jeffrey Brill, while Wayne Katz and associate Sean Wildes from Proskauer Rose are advocating for the USFL.
These are no ordinary attorneys; Hartmann recently facilitated soccer superstar Lionel Messi’s move to Miami and Brill was pivotal in XFL’s broadcast agreement with Walt Disney Co.’s ESPN. On the flip side, Katz has handled big-ticket sales in the NBA and MLB.
NFL’s Possible Role
It’s intriguing that the NFL’s role in this new merged entity is still shrouded in mystery. Skadden and Proskauer both have close NFL ties, which adds some interest to the merger equation. Having both competing leagues as one, could be enticing for the NFL. Rather than waiting to see who ‘wins’ the Spring Football Wars. The National Football League can now work with one entity.
Navigating the Legal Gauntlet: A Recap
As previously detailed in our article “XFL and USFL’s Legal Gauntlet,” the process of merging two sports leagues involves several intricate layers that go well beyond the gridiron. Here’s a quick refresher on some of the key issues:
- Regulatory Approvals: Both leagues need to secure “customary regulatory approvals,” which can be a prolonged and uncertain process.
- Players Union: The USFL has an existing players union, introducing another set of negotiations that will likely need to be merged with the XFL’s approach to player relations.
- Publicly Traded Companies: Fox is publicly traded, bringing an added layer of scrutiny and regulation to the merger.
Moreover, as we’ve already mentioned, the potential for a government shutdown could add further delays to an already complex approval process. These legal and structural hurdles don’t just make the merger challenging; they require a comprehensive approach that can only be navigated with the kind of legal expertise Proskauer Rose and Skadden, Arps, Slate, Meagher & Flom bring to the table. These mergers are are treated as confidential and will not be disclosed by the government.
With seasoned legal advisors, substantial ownership backing, and a complicated football landscape, this XFL-USFL merger is shaping up to be anything but straightforward. Add on top a potential government shut down, the football world is watching closely as these two leagues attempt to redefine spring football in America.
