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Corporate counsel is running strong

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In-House Counsel

If anyone knows how to stay on track with what’s happening in sports and entertainment law, it’s probably the lead attorney for USA Track & Field.

As general counsel and chief of business affairs for the Indianapolis-based sports organization that governs track and field, running and race walking, Norm Wain is in the right spot to not only help transform and modernize the country’s largest participant sport but also bring together sports and entertainment corporate counsel from across the country.

In the months leading up to the 2012 Summer Olympics in London when an array of events are scattered across the country and world, the organization sees this as a prime time to get sports fans interested in track and field. And Wain is the legal mind charting that path forward.

“We’re exploring many options to make track and field more relevant,” he said. “For me, this position has been dynamic and exciting. It’s presenting opportunities to improve upon the product and build on it, and that’s the type of challenge that gets my juices flowing.”
 

wain-norman-15col.jpg Norm Wain (IL Photo/ Perry Reichanadter)

Although he’s only been with USA Track and Field since July 2010, Wain has been on a course leading to this point since he graduated from Pepperdine University School of Law in 1996. After graduating, he interned for Doug Logan who led Major League Soccer during its inaugural year. Wain hoped to get a job there, but it didn’t materialize and he went to work for a Los Angeles talent agency, Fox Sports World and Big Shot Films International, which created direct-to-consumer videos of professional athletes. He came to Indianapolis in 1999 after taking a position with athletic specialty retailer The Finish Line, and worked for more than a decade as vice president of corporate legal affairs.

A couple years ago, Wain’s first mentor, Logan, took over as CEO of USA Track and Field and the two connected at an Indiana Pacers vs. Los Angeles Lakers game at Conseco Fieldhouse.

“We started chatting at the game, and I joked about there being no statute of limitations on that MLS job offer,” Wain said. “We got a good laugh, and the next thing I know I’m working for him again at USA Track and Field. What sold me on the position was that this sport has been on the decline for several years and the perception is kind of like an Olympic sport – you hear about it every four years and that’s it. We’re trying to professionalize it and make it another strong sports property with regular coverage and consistency.”

As the sole in-house attorney, Wain said his daily duties involve basic corporate counsel tasks such as governance, contracts and policy and procedure reviews. Some tasks might involve developing an integrated marketing strategy that hits across all digital platforms or exploring the possibility of a reality TV show that follows an athlete and leads into coverage of USA Track and Field events with sponsorships.

In revamping the sporting events, Wain said he’s looking at creating new events that could coincide with a network TV season and setting up more local events – such as a “city games” concept that could involve a sprint down Washington Street in Indianapolis where bleachers are set up on the sidewalks.

“You run it from A to Z, and that’s part of the challenge,” he said about the job. “Athletes want it to be a professional sport and they want to see the money associated with that professionalism. We’re laying a foundation and trying to secure and protect our events, to properly package for the sports world.”

The organization’s chief communications officer, Jill Geer, said Wain’s role as general counsel is different from his predecessors. He’s been more involved in the overall strategy and planning aspects of the USA Track and Field.

“As general counsel, Norm can go from soup to nuts very quickly,” she said about his ability to adapt to whatever is needed. “We’re in the midst of changing our businesses model, and he’s been more actively involved on the front end, where in the past general counsels were on the back end just drafting contracts. This gives Norm the ability to prevent some of those 11th-hour changes and problems.”

Wain’s influence in the corporate counsel world extends beyond Indiana. He’s not only the former president of the Association of Corporate Counsel of Indiana, he also serves as a member of the ACC’s national governing board. In that role, he has taken the lead in making sports and entertainment law a focus for corporate counsel nationwide.

On Nov. 30, the ACC announced the creation of a new Sports and Entertainment Committee, aimed at serving members with an interest in those areas of law and focusing on specific issues such as contracts, licensing, sponsorships, endorsements, technology and intellectual property.

The new committee has been in the works for about a year, according to Wain, based on a concept that he formulated with Ellen Zavian, the first female sports agent representing NFL players and now associate general counsel for the ACC. The pair attended another sports law association’s conference and heard updates in the world of sports and what was happening in each individual league, but there wasn’t anything specific to corporate counsel, Wain said. They explored the idea and found a strong interest for something more among the general counsels for sports teams, professional leagues, amateur sports and other related businesses. Last year, they created an interest group focusing on those areas.

“There are different sports organizations for sports lawyers out there, but neither of us felt that those organizations hit the day-to-day legal issues that come across the desk of in-house sports lawyers on a regular basis,” Wain said. “There wasn’t anything touching on those nuts and bolts of what we handle every day, like real estate or concessions, player deals or sponsor agreements.”

Wain plans to chair the new committee before stepping aside in October 2012.

The new committee’s goal is to use eGroups, legal updates and local events nationwide to connect with the organization’s 29,000 members and provide corporate counsel specific resources, Wain said. Members have already presented CLE programs at the organization’s annual meeting in St. Louis.

“Members of the sports industry in general are coming together more and more to network and support each other,” said Amie Peele Carter with Baker & Daniels’ sports and entertainment law group, who created the nonprofit Sports Circle Indy networking organization earlier this year. “The ACC has become more active in recent years in supporting general counsel in niche areas, and targeted groups can be very effective resources for general counsel as a means to discuss ideas, current topics of concern and best practices.”•

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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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