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Mark S. Levinstein: Partner with Williams & Connolly, LLP, and Co-author of Sports Law: Cases and Materials [By Kenneth Davis] Mark Levinstein, a partner with Williams & Connolly, LLP, in Washington, DC, said that he has wanted to be a lawyer since he was 12 and that he was inspired by his grandfather to enter the legal field.
“My dad was a scientist,” he said. “When I
Levinstein said that there were very few
Levinstein said he kept a very low profile
said, ‘Should I be a scientist?’ my dad said,
books that covered sports law at the time,
during the Kerrigan case because he did not
‘You aren’t really interested in science.
so he did a Lexis search for all the antitrust
feel it would be in his client’s best interest
You don’t take things apart and put them
cases involving sports.
for the media to focus on her attorney. He
together.’ And it was my grandfather; he was
said he refused when Kerrigan’s agent asked
a lawyer and seemed to help people. Kids
“I read them and tried to make sense of
him to appear on Larry King Live.
today don’t have any clue what they want to
them, so that one day when somebody
do, but I always wanted to be a lawyer.”
came along, I’d know what was going
“We didn’t want anything in the papers
on,” he explained. “And then I handled a
about Nancy Kerrigan having a lawyer,” he
Levinstein stuck to his career plan and has
couple of big cases that involved sports and
said. “As soon as someone says that Nancy
had a successful law practice for 23 years.
antitrust, including a four-year case involving
Kerrigan has a lawyer, there would be
He handles civil and criminal matters, and
professional tennis.”
speculation about who she is going to sue.
his practice covers a wide range of areas,
Nancy Kerrigan was a skater with an agent
including antitrust, arbitration, commercial
After that, Levinstein’s sports practice took
who got hurt. She was just a victim and did
litigation, franchise law, intellectual
off. And over the past years, he has handled
nothing wrong.”
property, trademark, false advertising, and
a broad spectrum of sports-related cases.
unfair competition, labor law, and RICO. In
His sports clients run the gamut from
“The key is to focus on your client and decide
addition, he has a thriving sports law practice
professional athletes, players associations,
what’s in your client’s best interest,” he
representing a number of high-profile
sports teams, and owners to leagues
explained. “Was it in my best interest to be
clients. However, Levinstein didn’t initially
and league properties, Olympic athletes,
in the media all the time as Nancy Kerrigan’s
set out to become a sports lawyer.
organizations, amateur athletes, sports
lawyer? Maybe. But that wasn’t in her best
associations, and boxing managers and
interest, and we didn’t do it.”
“When I came to the firm, it was to do
promoters, among many others. His sports
litigation, generally with a focus on
cases have involved professional baseball,
Levinstein also represents all the members
antitrust,” he said. “It never was to be a
basketball, football, golf, tennis, skiing,
of the U.S. National Soccer Team.
sports lawyer. But the firm was founded by
volleyball, boxing, fastpitch softball, golf,
Edward Bennett Williams, who was probably
hockey, lacrosse, volleyball, wrestling, and
“I unionized them in 1996,” he said. “They
the most famous trial lawyer of the 1970s
many more sports.
were the first national team to become a union, and I’ve represented them for ten
and 80s. And he also owned the [Baltimore] Orioles and part of the [Washington]
In addition, he has represented a number
Redskins. So as a summer associate here, I
of famous athletes, including figure skater
saw that our firm had a lot of sports-related
Nancy Kerrigan. Levinstein was Kerrigan’s
Cyclist Lance Armstrong is also one of
litigation. I knew there were a lot of sports
attorney during the infamous knee-
Levinstein’s clients. Levinstein recently
antitrust cases, and so I figured, Well, one of
clubbing incident back in 1994, when rival
represented the seven-time Tour de France
these days the boss is going to walk in and say, ‘Okay, you know a lot about antitrust, but do you know about sports antitrust?’”
skater Tonya Harding allegedly conspired
champion when a French newspaper alleged
to have Kerrigan injured to prevent her
that he had used EPO, a performance-
from competing in the U.S. Figure Skating
enhancing drug, during the 1999 Tour de
Championships.
France. Armstrong was later cleared of all
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accusations that he used any performance-
“There was a character on Star Trek: The
District of Massachusetts. Judge Garrity was
enhancing drugs during the race.
Next Generation named Deanna Troi, and she was an empath,” he said. “She could take your pain or your stress or whatever unpleasant emotion you were experiencing. She would touch you and absorb all the bad emotions and suffer for you. That’s what a lawyer does sometimes. A client comes in with terrible stress and a major problem, and then it becomes your problem, too. And you do the best you can to take responsibility for the problem, so it no longer troubles your client to the same extent.”
widely recognized for implementing “forced
Additionally, Levinstein and his colleagues represented the Los Angeles Rams when the team moved to St. Louis in 1994. “We were the lawyers for the Rams, convincing the league that they didn’t want to have an antitrust lawsuit,” he said. The league decided to let the Rams relocate.
busing” at Boston-area schools in an effort to battle segregation in 1974. Levinstein clerked for Garrity for a year; he then joined Williams & Connolly in September of 1983 and has been with the firm ever since. In addition to practicing sports law, Levinstein writes about it. He coauthored a sports law casebook titled Sports Law: Cases
He also serves as outside counsel for the
the pros and cons before they move ahead
U.S. Olympic Committee and represented the
with any kind of action.
and Materials with Michael J. Cozzillio, a law professor at Widener University School of Law in Harrisburg, Pennsylvania. The book was published by Carolina Academic Press in 1997, and Levinstein said that he and Cozzillio are currently working on a second edition.
of years in a labor and antitrust dispute
“Clients often come to see their lawyer and
Levinstein has taught as an adjunct professor
against the Arena Football League.
want to sue somebody, and it may be your
of antitrust law, sports law, and advanced
job to advise them not to file the lawsuit,”
antitrust at Columbus School of Law at
Levinstein discussed what’s involved in
he said. “We take them through the pros
The Catholic University of America, George
becoming a sports lawyer:
and cons of litigation and what would be
Washington University National Law Center,
involved—what it would cost, to what extent
and Georgetown University Law Center. He
“Basically what makes someone a sports
it would cause non-financial costs, what
stopped teaching full courses in 1999, but he
lawyer is that you have a client in the sports
relief they could reasonably seek, what is the
still teaches classes occasionally and said
industry, and he or she comes to you and
probability of success, how long it could take
he may return to teaching courses again
has a legal problem,” he said. “And then you
to take the matter to completion, and what
in a few years, once his children are off to
could say you’re a sports lawyer. It could be
the client would have to endure for the next
college.
a criminal case, it could be tax, it could be
year or several years. And we say, ‘Would
intellectual property, it could be labor law,
our firm get paid if we sue them for you? Of
He said law professors apply many of the
and so on.”
course, but we do not want to do something
same skills they need in court when they
that’s not in the client’s best interest. We
teach.
Levinstein said that he and his colleagues represent a number of teams attempting to relocate.
He added that good attorneys don’t always rush their clients into litigation; they discuss
Arena Football League players for a couple
Levinstein said he likes to keep up-to-date
have plenty of work to do, and we do not need
on what’s happening in the sports fields
to take money for handling matters that are
“When you’re a trial lawyer, you’re talking to
with which his clients are affiliated so he
not in our clients’ best interests.’ Part of
judges, and you’re discussing and explaining
can represent them more effectively. For
what your clients are paying you for, even if
legal issues in the subject of the case, and
instance, one of his clients was the Royal
they do not know it, is for you to advise them
in many ways, it involves the same skills as
and Ancient Golf Club of St. Andrews, and
not to get involved in litigation when it’s not
being a law professor,” he said. “You need
even though he’s not a golfer, he subscribed
in their best interest to do so and they can
to learn how not to be condescending, to
to eight different golf magazines to stay
reasonably avoid it.”
acknowledge that others may have different
apprised of what was going on in the golf world in order to better serve his client.
views; you need to learn how to explain a Levinstein majored in economics at the
complex legal subject when you have more
University of Virginia and graduated with
familiarity with it than the judge or your
He said that two big parts of a lawyer’s job
honors in 1979. He went on to earn his law
students. That does not mean that you are
are helping clients deal with all aspects of
degree, also with honors, from Harvard Law
smarter than your students or the judge—you
their problems and taking responsibility
School in 1982. After law school, he worked
have just thought about the issues more than
for solving those problems, to the extent
as a law clerk for Judge W. Arthur Garrity,
they have, and you have to try to persuade
possible.
Jr., of the United States District Court for the
the judge and have to teach students how
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to be persuasive when they address a legal
“We were just granted public charity status
“When I interview applicants, I always tell
subject. You present your viewpoint (or two
last week,” he said. “So we have been
them in law school to make the most of
or more conflicting viewpoints) about what
dealing with tax issues, business planning
it,” he said. “Take all the basic subjects.
the cases say or what the law is in a way
issues, and a host of corporate governance
You can take ‘Shakespeare and the Law’ or
that persuasively argues for your side or
issues.”
other enjoyable courses that will entertain
helps the student understand the various
you, but I recommend that they take tax,
sides without the students feeling like you’re
Levinstein said what he enjoys most about
corporate tax, labor law, and other courses
talking down to them.”
practicing law is that he’s able to help people
that provide an overview of an entire area of
get through difficult situations.
law; make the most of the opportunity to take
Levinstein said the two people who
a course with a professor who is an expert
influenced him the most before he came to
“People come into my office with a problem,
on the subject, and he or she can give you
Williams & Connolly were Professor Kenneth
and often I think I can solve their problem
an overview about the subject and many of
Elzinga, an economics professor at the
better than anybody else there is,” he said.
the insights the professor has discovered in
University of Virginia, and Phillip Areeda,
“And so there’s nothing that makes me feel
many years of study—that sort of experience
who was the leading academic treatise and
better than to hear a client’s problem and,
and expertise can benefit you for many years
casebook writer in antitrust law. Elzinga
as I listen, think I have the solution. People
to come as you practice law.”
was Levinstein’s undergraduate advisor at
come in sometimes not knowing if they’re
the University of Virginia; he met Areeda
gonna go to jail or they’re gonna be sued or
at Harvard Law School and worked as his
they’re gonna lose their business or house.
research assistant for many years, both
So if you can evaluate their situation, apply
Williams & Connolly, LLP
during and after law school.
your knowledge of the facts and the law, and
www.wc.com
tell them that it won’t be as bad as they fear, Levinstein said one of the projects he’s
that’s already a huge benefit to the client.
currently working on is helping some of the
Practicing law is all about helping people.
athletes he represents create a charitable
It’s a personal service business, and people
foundation. The foundation is called Athletes
often forget that.”
For Hope, and some of the athletes involved include Lance Armstrong, Andre Agassi,
Levinstein had the following advice for law
Mia Hamm, Andrea Jaeger, Jackie Joyner-
students:
Kersee, and Alonzo Mourning.
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