How Deflategate May Affect Your Business

In a closely watched case, federal judge Richard M. Berman of the Southern District of New York vacated the four-game suspension handed down to New England Patriots quarterback Tom Brady by NFL Commissioner Roger Goodell. Relying on Section 10 of the Federal Arbitration Act, Judge Berman's decision focuses in large part on the discovery aspects of the arbitration proceeding which originally confirmed Brady's suspension. In vacating the suspension, Judge Berman strikes a blow to those who view arbitration as a low-cost alternative to the traditional expense and burden of discovery, and provides an arrow in the quiver of parties looking to employ discovery costs as leverage in their disputes.