February 22, 2019

Free Non-CLE Webinar on 2/26: Athlete Biometric Monitoring – Is It Worth the Gamble?

Athlete Biometric Monitoring – Is It Worth the Gamble?

Join us on Tuesday, February 26, 2019 from 11:00 a.m. – 12:30 p.m. ET for this free, non-CLE webinar!

Presented by the Sports Related Disputes Subcommittee of the Business and Corporate Litigation Committee
Co-Sponsored by the Gaming Law, Intellectual Property and Young Lawyer Committees


Now that the U.S. Supreme Court has struck down a federal law banning states from legalizing sports betting, a growing number of states are enacting legislation authorizing sports gaming.  This legal development coincides with continued technological advances in "wearables" which allow the collection of biometric data from athletes.  The legal implications from the intersection of these two developments are significant including the publicity rights, privacy and intellectual property issues that are raised. Is this a potential game changer? You can bet on it!

Jeffrey Schlerf, Partner, Fox Rothschild LLP, Wilmington, DE; Adjunct Professor, William & Mary Law School; Co-owner, Williamsport Crosscutters

Program Panelists:
David Foster, NBA Players Association, New York, NY
Kristy Gale, HYPERGOLIC Data Governance & Rights Management, Scottsdale, AZ
Oliver Trinchera, KINEXON, Munich, Germany
Daniel Wallach, Wallach Legal, Fort Lauderdale, FL

David Foster serves as Deputy General Counsel for the NBA Players Association.  In 2016, David was a part of the NBPA negotiating team that worked on behalf of the NBA players to secure a new collective bargaining agreement with the National Basketball Association (“NBA”). Additionally, David’s responsibilities include the regulation of NBPA certified agents, mediation of disputes between agents and players, as well as representing NBA players during disciplinary proceedings before the NBA and providing general legal advice to NBA players on a variety of issues. With the recent changes in the gambling laws across the United States, David has been given the responsibility of crafting and advocating the NBPA’s position on this issue. David has spoken before state legislatures and on numerous panels regarding the legalization of sports gambling and its potential impact on athletes. Prior to joining the NBPA David was an Assistant District Attorney in Queens County New York for 5 years and then served as an Assistant United States Attorney for 6 years in the District of New Jersey.

Kristy Gale, an attorney, is the founder and CEO of Hypergolic Enterprises, which provides solutions to help sports industry players simplify and maximize athlete biometric data privacy, ownership and usage rights, while protecting and leveraging it for revenue generation. She specializes in personal data governance and monetization, and helps each party in the sports ecosystem develop strategies to derive value from the data and minimize risk of using the data in new ways as the Internet of Things and corresponding legal rights evolve. She is also a regular contributor on Sports Tech Law for SportTechie. In October of 2016 she joined the Institute for Biometric Data Optimization & Protection as an Advisory Board Director. She also serves as President of Sports Data Strategies, as of January 2017.

Oliver Trinchera serves as co-founder and Managing Director of KINEXON Sports & Media GmbH. Munich-based KINEXON is a technology pioneer in the fields of athlete monitoring and digital media. The company’s biometric monitoring uses ultra-wideband radio technologies. Roughly half of the NBA uses KINEXON’s technology. Oliver studied Business Administration in combination with Electrical Engineering at Technische Universität München (TUM). In addition to that he studied Technology Management at the Center for Digital Technology and Management (CDTM). Furthermore, he holds a PhD from Technische Universität München.

Daniel Wallach, an attorney at Wallach Legal, is a nationally recognized authority on gaming law and sports law, and has counseled professional sports teams, fantasy sports operators, casinos, racetracks, equipment manufacturers and suppliers, and other industry participants on a wide spectrum of gaming-related matters. He is one of the leading voices in the emerging area of sports gambling law, and, in particular, the laws and rules governing sports betting and fantasy sports. Mr. Wallach is a member of the prestigious International Masters of Gaming Law (IMGL). The IMGL is an invitation-only organization for attorneys who have distinguished themselves through demonstrated performance and publishing in gaming law, significant gaming clientele and substantial participation in the gaming industry. He also is a law school professor.


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Call-In Information

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Program Materials and Past Programs

There are no written materials for this program. All recordings and materials from this program and previous programs are available for free for ABA members and can be found on the Business and Corporate Litigation Committee website.