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Behind the scenes of the Super Bowl

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Indiana Lawyer Focus

The Super Bowl isn’t just football plays and TV commercials.

Yes, it is those things. But there’s also a full roster of Indiana lawyers behind the scenes reviewing legal issues, assessing risk management and making sure the annual event is a safe, successful and liability-free experience for millions of people.

emerson Indianapolis attorney Dan Emerson is heavily involved in planning and organizing for the Super Bowl. (IBJ Photo/ Perry Reichanadter)

Indy is determined to put its best foot forward with a level of preparedness that organizers say is possibly unmatched in host city history and boosted by good old-fashioned Hoosier hospitality. “I definitely think there’s a level of excitement and enthusiasm and support and unwavering collegiality,” said Dianna Boyce, director of communications for the Indianapolis Super Bowl Host Committee. “The sense of excitement and the understanding of the international spotlight that this brings is definitely here.”

Planning has been in the works for years, and teams of lawyers have been intimately involved in aspects of the organization and coordination of the big event. Seven of the largest law firms in Indianapolis have agreed to do pro bono work assisting the host committee, with each firm assigned to a specific group that has a responsibility in the event’s planning, such as marketing and communications, operations, special events and volunteers.

John Neighbours with Faegre Baker Daniels said that a couple of years ago he and host committee chair Mark Miles discussed creating a legal committee which would operate with volunteer attorneys in six or seven different areas. Conflicts involving hotels, vendors or others involved in the event could be handled by various members.

“You sure don’t want to have to pay a law firm’s typical hourly rates when it’s mostly contract issues as the largest thing you deal with,” he said. “They agreed to do this pro bono, and that’s a huge contribution from those law firms to do that substantial amount of work.”

Neighbours said the legal committee has met about four or five times, with each law firm reporting to a division head as needed. Neighbours said he’s served in sort of an oversight role for legal affairs. The recent NFL lockout consumed a significant chunk of his time – he analyzed the contract with the NFL about the possible implications a lockout might have and the impact it could have on the Super Bowl if it wasn’t resolved. One of those issues was buying insurance in case the Super Bowl was cancelled.

“Most of the work overlaps with what someone’s expertise might be in and where their counsel is best suited,” he said.

Mark Saltsgaver, who handles corporate risk management for Eli Lilly, said he’s been leading the host committee’s risk management review aspects. Weather and seating issues at the 2010 Super Bowl in Dallas and the Indiana State Fair tragedy in August have provided lessons for those organizing and planning for the Indianapolis event in February.

Analyzing possible risk has been an interesting process, Saltsgaver said. The risk management panel has looked at liabilities created by parking, weather, restaurant space downtown and power outages as well as the implications of long lines. Nearly 300 different types of risks were boiled down to about 25 top concerns and specific mitigation plans were outlined for all of them, he said. “Our goal is to make it through with a safe and great fan experience and that despite all our work, the fans will never have known if we had to pull out and implement a mitigation plan,” Saltsgaver said. “That’s utopia for us.” 

One of the attorneys whose insight has been crucial is Dan Emerson with Bose McKinney & Evans, a partner who leads the firm’s sports, entertainment and media practice group. Emerson has represented the Indianapolis Colts and served as the club’s general counsel since 1984. He was one of the lawyers responsible for bringing the Colts to Indianapolis and making sure the club could stay in the city.

saltsgaver Saltsgaver

Emerson says his workload for the club and owner Jim Irsay has increased through the years. His work has ranged from collective bargaining agreements between players and the league to season ticket trends, leasing contracts and vendor agreements. The RCA Dome lease was simple and straightforward, he said, compared to the new Lucas Oil Stadium development and lease agreement that involved naming rights and concession aspects.

“There are a tremendous number of rules and regulations in the NFL, many of which have pretty extreme consequences if you screw up,” he said. “And the collective bargaining agreements in places read like Internal Revenue Code with increasing traps for the unwary. I’ve mined relationships during those times, always making sure people were crossing the ‘T’s and doing what’s needed.”

This season’s losing record has been a struggle, Emerson admits, on a personal and professional level. While he does “bleed blue,” Emerson said the team’s record impacts his strategy development when it comes to the draft and how games are scheduled for next year.

“The record does impact my job, because it has a derivative trickle down effect on legal, sponsorship and marketing. We are working extra hard to make sure we don’t have a fall off with season ticket holders and sponsors, and that necessarily entails my review of additional approaches and issues,” he said.

The years of experience representing the Colts and dealing with the NFL on various levels has laid a foundation for Emerson to be a part of the planning and organizing for the Super Bowl in Indianapolis. For example, he’s handling issues such as liability for the Colts Complex where the AFC Championship team will practice. Emerson is making sure those players and any potential liabilities are anticipated and a plan is in place. He’s analyzing sponsors at Lucas Oil Stadium and reviewing how suite holders will be affected when the NFL comes in and sets the pace for everything at the stadium. “There’s a number of people losing sleep trying to anticipate the parade of issues we might encounter,” he said. Emerson said for the past year more than half of his professional time has involved the Colts and Super Bowl, but in recent weeks the majority of his time is spent focused on the club and event. “I’ll readily admit there’s a 10-year-old boy inside me that thinks this is all real cool,” Emerson said with a laugh. “This is a big professional football franchise and this is the Super Bowl we’re talking about. How can you not be excited about that? This is going to be a great thing for the city and NFL, and we’re all pretty excited about it.”•

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  1. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  2. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  3. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  4. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  5. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

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