SARMS And The Law

The lawsuit filed by Nutrition Distribution During the last few years, the popularity of Selective androgen receptor modulators (SARMs) has surged to new heights. SARMS suddenly became the most popular thing after Prohormones that once ruled the bodybuilding and fitness industries were banned by the US Designer Anabolic Steroid Control Act (DASCA) in December 2014.

Medically, Selective androgen receptor modulators (SARMs) have been used in many clinical trials to enhance bone health and physical function without posing adverse results on the cardiovascular system and the prostate. These “next generation” research chemicals have proved their efficacy in treatment of severe health conditions such as cancer cachexia, frailty, osteoporosis, aging and chronic diseases.

However, a big majority of bodybuilders and fitness enthusiasts have been using these drugs for image and performance enhancement purposes. This is primarily because SARMS have the ability to increase muscle mass, increase testosterone, improve bone density, stimulate fat loss, and many more. In addition to these advantages, SARMS do not get converted to estrogen and Dihydrotestosterone that means reduced risk of prostate cancer, cardiovascular disease, prostate enlargement, and virilization in women. Furthermore, Selective androgen receptor modulators facilitate the preferential expression of anabolic activity in bones and muscles and are not like the traditional testosterone supplementation that doesn’t possess the chemical makeup for withstanding the digestive system.

dshea vs fdaSARMS are not illegal in the United States for the fact that they are non-steroidal compounds that nevertheless have the ability to activate androgen receptors. However, they must be considered legal only for research purposes and are not meant to be sold as supplements or can be made available at supplement stores. In other words, SARMS can be purchased legally for research purposes only but they cannot be sold as supplements in the United States as that would be a purported violation of the US Food and Drug Administration’s Dietary Supplement Health and Education Act of 1994 (DSHEA). They are not classified as banned drugs by most countries of the world. Their use is prohibited at-all-times for professional athletes as SARMS find a place in the banned substances list for 2016 of the World Anti-Doping Agency.

Reference:

SARMS Reviewed and Explained

2016 List of Prohibited Substances and Methods by The World Anti-Doping Agency: http://list.wada-ama.org/

Dietary Supplement Health and Education Act of 1994: https://ods.od.nih.gov/About/DSHEA_Wording.aspx

 

 

Chargers Cowboys After Game Fight

Just another reason to watch the game in the comfort of your own home, in pajamas. Last week in the parking lot, fans got a little rowdy. The video shows two blows to the head by beer bottles. One of the men who took the blow is seen bleeding out of the right side of his head and looks to have suffered some serious damage. The question amongst the crowd is, “where are the police, where are the police?” I thought these fights only happened at Candlestick in SF. Guess not.

The Lakers Future: Life Without Dwight

Last night, Ice Cube put it best saying “Fuck Dwight Howard” at the Greek Theatre in LA and with the encouragement of the crowd continued “We could give a fuck about a Dwight Coward…He don’t deserve to be on that wall.” He finished his Laker’s rant with a prediction that Kobe Bryant will win another championship, but I couldn’t help but get the feeling that the crowd’s cheering was fueled by hope, not rationale.

The Lakers have a tough season ahead, and with the only offseason move being today’s 1-year signing of Chris Kaman (Center), our minds are clearly wrapped up not in this season, but the following in 2014. The management is in a state of transition, with Jeanie and Jim Buss running the organization and the player question marks remain-put: such as when will Kobe Bryant be ready, how about Jordan Hill’s injury, or will they sign any reliable bench players?

The truth is, the Laker’s management doesn’t really care. They will wait for the big-fish players to free-up and suffer mediocrity like the rest of the league for one more season, praying for a spot in the playoffs. Because the light at the end of the tunnel is bright, brighter than Dwight Howard, its LeBron James.

So take your time LA, don’t worry about basketball until you can be the best. And remember to never strive for mediocrity. “If ya ain’t first, you’re last.”

Check out the Video of Ice Cube Below

Intern at RulingSports

Officially, I am a new intern/contributor to RulingSports.com. The site, like SportsNLaw, gives a legal analysis on the sports world. It was founded by Alicia Jessop, who is a regular contributor to Huffington Post, Forbes, and Business of College Sports. I will be writing on both RulingSports and SportsNLaw regularly, giving you the most up-to-date and enjoyable reading on sports law.

And most importantly, I urge everybody to go check out RulingSports.com and see the new post, on all of the interns, including myself–and might I say, I look quite handsome.

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Sports Immigration Law, Its a Real Thing

Exhausted from a full day of first year classes, I dragged myself to a Chapman Law event, hoping to network and educate myself on immigration law, and discovered a field I never knew existed – Sports Immigration Law. Yes, you read that correctly, Sports Immigration Law – Its a Real Thing.

Now you may be able to anticipate what I am going to say next, but if you’re like me and relatively uneducated on the topic – then prepare for that feeling of, “That makes sense, how come I never thought of that.”

I sat down at a table dressed professionally with white cloth, with a gratis Mexican platter of beans, rice, and enchiladas. I began to quick-eat to satisfy my hunger before the panel began. As I ate the fiesta on my plate an attorney sat down directly to the right of me, who came to support her fellow Immigration Law colleagues. Before I could ask a question she started explaining her practice and the field, using the Los Angeles Clippers as an example, and the story goes as so…

The Canadian Border

The Canadian Border

On Feb 2nd of 2013, the Los Angeles Clippers traveled on a road trip to Toronto for their game against the Raptors. Before arriving, the Clippers management – aware of Canadian Law- contacted this attorney (who I will keep anonymous for the time being) to make sure the players would have no trouble crossing the border. At the time I thought this was odd, because I often read about American Senior Citizens crossing the border to get pain medication and the issue is not entrance into Canada, but re-entrance back into the United States. So what were the Clippers concerned about? Were some of the players wanted by the Canadian police? Were they international criminals? My guesses weren’t even close. The Clippers were worried about their players’ DUI convictions. Turns out, Canada is extremely harsh on prior DUI convictions, even those that did not occur in Canada.

Routine screening upon entry into Canada includes the question, “Have you ever been convicted of a crime?”

If you have been convicted of impaired driving – even if no collision was involved – you may be denied entrance.  Even with no other criminal violations. Think carefully.  Don’t lie about any convictions, regardless of how ‘trivial’.  This is especially true if  you’re entering from the U.S.  Increased cooperation between Canada and U.S., as part of post-911 security measures, means that the border agent could already have access to criminal records. Lying/forgetting about a conviction could get you barred from entry into Canada for many years.  -via TripAdvisor.com

Once again I envy the Canadian way, this is a great issue for a country to put its foot down on. It is relatively uncontroversial and saves lives.

Now the attorney wouldn’t dish exactly which Clippers had prior DUI convictions, but she did mention ten of the players were concerned with the strict law. I can’t say I’m surprised. Ever see those KIA commercials? I imagine Blake Griffin in his Optima flying down the 405 with a jet pack in the back seat. Regardless, as the Clipper’s immigration attorney she researched and successfully found a way for the convicted players to enter Canada.

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Blake Griffin’s Iconic Dunk over a KIA. @2011 NBA Dunk Contest

At a panel where I expected to be mildly entertained about lawyers who moved here from another country or who help people immigrate from foreign soil; I had the pleasure of learning about a new aspect of Sports Law – Sports Immigration Law. It reaches to olympic athletes, foreign boxers who fight in Las Vegas, and teams in the little league world series; but this is just the tip of the iceberg. Think NBA, NFL, NHL, MLB, MLS, MMA, UFC, WWE, and more. All of these sports play internationally and have international players on their teams; all of whom aforementioned can afford high legal fees. Needless to say, Sports Immigration Law is a lucrative business and one that I will keep an eye on as I continue into the depths of Sports Law.

2013 Super Bowl: Advertisements Cost More than Kaepernick’s Net Worth

With the Super Bowl less than one week away, Kaepernick stars in the biggest television event of the year. How big? In 2012 more people watched the Super Bowl than voted in the previous presidential election. This year expectations are the same. UCLA economist Lee Ohanian  “The Super Bowl is recession proof. And it will be for the foreseeable future.”

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49ers QB Collin Kaepernick

In fact, CBS sold out all advertising time for this year’s Super Bowl at $4 million per 30 seconds (up $500,000 from last year). And here’s the interesting comparison, Kaepernick cannot afford to buy an advertising slot for his own Super Bowl.

Yes it’s official, franchise QB Collin Kaepernick is the most underpaid player in all of sports. He is locked in the second year of a four-year contract worth $5.12 million. Even if Kaepernick wins the world championship, a feat too great for Hall of Fame QB Dan Marino, he still cannot renegotiate his contract, he’s stuck. ESPN analyst Adam Schefter:

Sixty minutes from a world championship, Kaepernick is finishing up Year Two of a four-year, $5.12 million deal that is worth more than $3 million less in full than what Mark Sanchez will make from the New York Jets next season.

Yet Kaepernick has no out. He is locked into the deal until after the 2013 season.

Now I’m not one to argue that a millionaire deserves more money, but this is absurd. His contract deal with the 49ers, similar to QB Russel Wilson’s $2.99 million 4 year contract, is criminal. With the slew of rookie Qb’s becoming franchise players; agents must negotiate opt out clauses or performance based bonus’s within their client’s contract because it is equitable. And maybe the players and owners should look to revamp the CBA (collective bargaining agreement) to reward players whose existing contract is so substantially surpassed by their herculean performance.

Because when you earn the ring, you deserve the bling. 

Readers Suing Lance Armstrong for “Autobiographies”

Suit needs more plaintiffs to meet federal court’s diversity jurisdiction requirement of over $75,000 in damages.

 Did you buy either of Armstrong’s books “It’s Not About the Bike” (2000) or “Every Second Counts” (2003)?

Then join the bandwagon of lawsuits consumers are filing against Armstrong and his publishers for: fraud, false advertising, and other wrongdoing for publishing denials that he never cheated.

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The complaint filed in Sacramento federal court, under Diversity Jurisdiction (28 U.S.C. §1332), alleges Armstrong tricked his audience to believe his books were truthful accomplishments done without cheating.

Because the complaint was filed in federal court under 28 U.S.C. §1332, the plaintiff (wronged consumers) must ask in good faith for compensation of no less than $75,000 and one cent. It would not be good faith for one consumer to ask such high damages individually and thus this suit is a class action. A class action filed under §1332 will take all of the plaintiffs individually, add their damages, and the summation must reach over the $75,000 and one cent. But will it?

It is reasonable to ask for damages spent on the book, but no more than that. Maybe $20 per book at the most. Thus, assuming everybody bought one $20 book the court would require 3,751 plaintiffs to reach the $75.01K threshold.

Similar Cases…

In 2006, James Frey, author of “A Million Little Pieces” settled a class action lawsuit for fraud by offering refunds for the cost of the memoir.

On the other side, in April of 2012 a federal judge in Montana denied a complaint for fraud against author Greg Mortenson of “Three Cups of Tea” as imprecise, flimsy and speculative.

Conclusion

The Armstrong scandal is on a global stage, affected millions, and thus sets it apart. Retribution is coming, just find your receipt!

To Fix Lakers, Kobe Says “Trade Everyone”

At an abismal 17-24 the Lakers fans might as well give up because the players already have. Except for one-Kobe Bryant-who is having the best season of his 17 year career averaging 29.2 points per game. So what does Kobe think? TRADE EVERYONE!

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So why don’t the Lakers trade everyone?   The Lakers pay a hefty $130 million dollars to lose. Lakers owner Jerry Buss has to be wondering why pay anything to lose, heck losing is free!

One way to cut costs, get rid of Pau Gasol! Who makes almost $40 million over the  next two seasons.

This year Gasol averages a sad 12 points per game, 8 rebounds per game, and 3.7 assists per game. These numbers are not worth $19 million per year, not even close. Furthermore his lack of performance brings the rest of the team down. He is lazy on the court, which is why I deem him The Spanish Curse!

Trading Pau is not a new idea and the Lakers haven’t done it because he is “undervalued” by other teams. Well I challenge that notion and say he is valued right where he should be.

So don’t take Kobe’s advice and trade everybody, because there is still a ton of talent on the team. Just trade Pau-for lack of effort and for taking too many Barcelona Siestas while on the court.

Falcons Fan Stabbed in the Neck! Legal Implications.

Following the 24-28 49ers victory over the Falcons, witnesses claim a Falcons fan punched a 49ers fan who then stabbed the Falcons fan in the neck. The fan was rushed to the hospital and his status is currently unknown.

Will the fan take legal action?

If he does it is likely he will charge the other fan with Attempted Murder. To prove attempted murder the following two elements must be met beyond a reasonable doubt:

1) that you took at least one direct (but ineffective) step towards killing another person, and

2) that you intended to kill that person.

Is there a legal defense?

The 49ers fan will likely claim Self Defense, because the Falcons fan punched him prior to the stabbing. Self Defense allows you to use reasonable force to defend yourself or another person if you reasonably believe that you or that other person is about to suffer imminent bodily harm. Here the underlying question is whether or not the neck stabbing was a reasonable force. In my opinion it is unlikely for a court to determine the stabbing was a reasonable response to a punch. However if the court determines that the punch was so great it could be defined as deadly force-and in that case the neck stabbing would be an appropriate counter force to constitute self defense.

Predicted Result?

The 49ers fan may likely be charged with attempted murder without an appropriate claim to self defense, since a stabbing to the neck was deadly force compared to the initial punch which was not. The sentence could vary from 1 year in jail to a life sentence, I suppose time will tell. Regardless I think these 49ers fans need to calm down, especially after earning a trip to the Super Bowl.

Enjoy this youtube clip of a 49ers fan beating up a Giants fan in 2012

“To be honest, we’ve sued so many people”

One of the most memorable quotes from Lance Armstrong’s “tell all” interview with Oprah.

This past Thursday Armstrong went public and reluctantly admitted to the world that he doped during all seven of his Tour De France victories. For the once champion it was a tough pill to swallow coming around to the truth. There is no doubt he is a competitor and in keeping this haunted secret he fought to the death.

Over the past decade Armstrong faced numerous allegations about his doping from former teammates, doctors, and competitors. And in a frenzy he responded with a fierce confidence, and sued more people than he can even count. With a strong legal team backing him it is not surprising he was so successful. As the saying goes, the best defense is a strong offense.

How many lawsuits did Armstrong file against the innocent?

Armstrong isn’t even sure. However, in 2006 the Associated Press reported Lance Armstrong saying “I think we’re 10-0 in lawsuits right now.” Including a $7.5 million dollar settlement against an insurance company, a libel case against Britain’s Sunday Times newspaper which settled for $500K, and a $5 million arbitration settlement against SCA insurance company. We can be confident many more were filed, since Armstrong can’t even recall all of them.

Will there be justice?

As of today the bbc reported SCA Insurance will be looking to recover the lost $5 million with interest, asking for $12 million. If not recovered they will pursue litigation. It is uncertain if the other lawsuits will follow, most likely dependent on the statute of limitations within the jurisdiction.

But for me…I cannot wait to see the suits taken against Armstrong in the quest for justice.