Sports Law
Fennemore Craig’s sports law practice includes extensive experience in the public/private partnerships often involved in the development, ownership and operation of sports arenas and ancillary uses, financing, refinancing and other transactions. The practice serves sports law clients with a team of business, finance, real estate, construction, and intellectual property attorneys. Our experience includes both transactions and litigation concerning:- Concession and facility management agreements
- Facility siting, development and construction
- License or use agreements by major tenants
- Luxury suite agreements
- Player and coach contracts
- Public/private partnerships
- Preferred provider, major sponsorship and naming rights
- Sports franchise general representation
- Sports franchise financing
- Sports venue luxury suites (boxes), club and special seating, advertising, and ticket policies
- Sports products and marketing (and related trade name and trademark matters)
Arizona Sports and Tourism Authority (AZSTA)
Fennemore Craig is general counsel to the AZSTA, a political subdivision of the State of Arizona, the owner and operator of the 70,000-seat University of Phoenix football stadium, which opened in 2006. AZSTA’s activities also include the development and renovation of Cactus League spring training facilities, and the development and improvement of youth and amateur sports and recreational facilities in Maricopa County.
In connection with this representation, the firm has represented or currently represents AZSTA in connection with:
- Siting and construction of the University of Phoenix Stadium, home of the Arizona Cardinals and the Fiesta Bowl
- Issuance of tax-exempt revenue bonds for the University of Phoenix football stadium
- Use agreements by major tenants including master suite licenses
- AZSTA agreements with management services and concession providers for the University of Phoenix Stadium
- City of Surprise new Cactus League facility for the Texas Rangers and the Kansas City Royals
- AZSTA contribution of funds for renovation of Phoenix Memorial Stadium, home of the Oakland A’s
- AZSTA commitment of funds for the Avondale Youth Sports Complex
- AZSTA commitment of funds to renovate the Cactus League facilities in the City of Tempe for the Anaheim Angels and the City of Scottsdale for the San Francisco Giants, and to construct new Cactus League facilities in the City of Goodyear for the Cleveland Indians and in the City of Glendale for the Los Angeles Dodgers and the Chicago White Sox.
Phoenix Suns
Fennemore Craig is outside counsel to the Phoenix Suns, Phoenix Arena Sports Limited Partnership (the operator of the Phoenix Mercury, Arizona Rattlers and Phoenix Roadrunners), Phoenix Arena Development LP (the operator of U.S. Airways Center), Sports and Entertainment Services, Inc. (which provides security and other services for U.S. Airways Center, Chase Field and the Dodge Theater) and the other Phoenix Suns affiliates. Fennemore Craig represented the prior owner of the Phoenix Suns in the sale of the Suns and its affiliates in 2004 and the firm continues to serve as outside counsel to the Phoenix Suns and its affiliates on its public/private partnership with the City of Phoenix, player matters, employment contracts, television, radio, advertising, ticket policies, charitable programs, sponsorships, promotions, licensing, financing and NBA-related matters, and related real estate matters. Fennemore Craig represented the Phoenix Suns in the approximately $1 billion NBA League-wide Credit Facility, the initial financing and subsequent refunding and parity bond financings for the U.S. Airways Center.
U.S. Airways Center
Fennemore Craig represented the Phoenix Suns in negotiating arrangements with the City of Phoenix for the development of the America West Arena. Completed in 1992, the Arena became U.S. Airways Center in 2006. Fennemore Craig formed Phoenix Arena Development Limited Partnership, an affiliate of the Phoenix Suns, to develop and operate the Arena for the benefit of the City (as owner) and the Phoenix Suns, including the preparation of the Phoenix Suns/Phoenix Arena Development Limited Partnership/City of Phoenix agreements and documents for the financing, constructing, and operation of the Arena.
Fennemore Craig represented the U.S. Airways Center (then America West Arena) in negotiations with the Winnipeg Jets (NHL), resulting in the relocation of the franchise to Phoenix as the Phoenix Coyotes.
The approximately $100 million Arena was financed by the City of Phoenix and Phoenix Arena Development Limited Partnership, an affiliate of the Phoenix Suns, through the issuance of taxable bonds by the Maricopa County Industrial Development Authority, backed by an irrevocable letter of credit in favor of bondholders issued by Fuji Bank, San Francisco Agency, on behalf of Phoenix Arena Development Limited Partnership. The bond financing was the first of its kind, non-recourse as to the Phoenix Suns and with recourse limited to the removal and replacement of Arena management (the City as owner of the Arena would not permit the pledging of any interest in the facility itself). Fennemore Craig has also represented Phoenix Arena Development Limited Partnership in re-financings, including financing for a $50 million expansion and renovation, initiated in 2001, that include the Budweiser Paseo located on the east side of the Arena and the sponsorship agreement and related opportunities related thereto.
Jobing.com Hockey Arena, City of Glendale
Fennemore Craig represented the City of Glendale in connection with the Coyotes Arena, now the Jobing.com Arena. The Arena is owned by the City of Glendale and is operated, subject to City oversight, by an affiliate of the NHL franchise. The firm is also representing the City in connection with a convention center and hotel in Westgate City Center, which are due to be completed in 2007.
Dodge Theater
Fennemore Craig represented Phoenix Downtown Theatre LLC and Phoenix Theater Development and Management LLC in negotiating arrangements with the City of Phoenix for the development of a 5,000-seat theater (the Dodge Theatre) and shared parking with the City of Phoenix and the acquisition, construction and permanent financing for the project.
Joint Ventures
Fennemore Craig represents Team Shops LLC, a joint venture formed between the Phoenix Suns and the Arizona Diamondbacks (and previously the Phoenix Coyotes) for the retail sale of products for the Phoenix Suns, the Arizona Diamondbacks, the Phoenix Mercury, the Arizona Rattlers and the Phoenix Roadrunners at venues and other outlets in the Phoenix metropolitan area.
Relative to sports facilities and related commercial development, Fennemore Craig has extensive experience in forming and representing real estate joint ventures and syndications (generally limited liability companies or limited partnerships) for commercial projects, including industrial parks, office buildings, and shopping centers. Representative transactions have ranged from $1 million to more than $600 million of equity, and include several projects that individually will produce revenues well in excess of a $1 billion. We have represented landowners, developers and financial partners (including tax-exempt entities) in these joint ventures on a broad range of real estate and tax issues.
Sponsorships/Promotions
In addition to representing teams and facilities in sponsorship and promotion matters (including naming rights, signage, television, radio and other media), Fennemore Craig represents sponsor companies in sponsorship and promotion agreements. The firm assists Phoenix Arena Development LP (the operator of U.S. Airways Center) with its major sponsorship agreements, including naming rights. The firm also represented Qwest as special counsel for sponsorship rights at the Pepsi Center (Denver), the Rose Garden (Portland), the Key Arena (Seattle), the Delta Center (Salt Lake City) and the Coyotes Arena (Glendale).
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