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ARTICLE · 07 SEPTEMBER 2015

Fantasy Football – Lessons Learned From "Deflategate"

Borden Ladner Gervais LLP
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In his lengthy decision of September 3, 2015, U.S. District Judge Richard Berman overturned the four-game suspension issued by NFL Commissioner Roger Goodell to New England Patriots' quarterback Tom Brady in the "Deflategate" scandal.

CanadaEmployment and HR
Clifford Hart
Clifford Hart
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In his lengthy decision of September 3, 2015, U.S. District Judge Richard Berman overturned the four-game suspension issued by NFL Commissioner Roger Goodell to New England Patriots' quarterback Tom Brady in the "Deflategate" scandal. The decision is very critical of the NFL and its processes, and has been appealed by the NFL. But there are important takeaways from the decision that are of general application for all employers.

Following the AFC Championship Game on January 18, 2015, the NFL commenced an investigation into the apparent use by the Patriots of deliberately deflated balls during the first half of that game. The investigation was conducted by Theodore Wells Jr. together with NFL Executive Vice President and General Counsel, Jeffrey Pash. The "Wells Report" was released in early May, 2015, and found, among other things, that it was "more probable than not that Brady was at least aware of the inappropriate activities ... involving the release of air

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