Abstract
Data has never been more important in professional sports. On the field, players obsess over advanced statistics and the use of analytics. Off the field, front offices use newfound statistics and modeling to gain a competitive edge in setting starting lineups, drafting players, and structuring contract extensions. Stadium scoreboards and baseball cards now prominently display statistics that were an afterthought a generation ago. Thus, with this growth in analytics comes a need for teams and leagues to protect their information. Trade secret disputes are nothing new—companies have always taken efforts to protect their secrets and limit unfair competition. But, with the growth of data in front offices, this trend appears likely to enter the sports arena. Recent litigation between the New York Knicks and the Toronto Raptors highlights the issues teams and sports leagues may face in protecting their data and in determining which legal arena should hear the dispute. Further, with the growth of sports gambling, teams and leagues have additional incentives to protect their information from outsiders and competitors. This Article analyzes the current framework under the law and governing documents of the “Big 4” leagues: Major League Baseball (MLB), the National Basketball Association (NBA), the National Football League (NFL), and the National Hockey League (NHL). Additionally, this Article analyzes the issues presented in the ongoing legal saga between the Knicks and the Raptors before proposing solutions for teams and leagues to consider in order to avoid these issues, and when they inevitably occur, how to limit their exposure in the public arena.
Recommended Citation
Paule, Kevin
(2023)
"Prevent Defense: Trade Secret Protection in Professional Sports,"
Florida Entertainment and Sports Law Review: Vol. 3:
Iss.
2, Article 7.
Available at:
https://scholarship.law.ufl.edu/feslr/vol3/iss2/7