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Abstract: This Article builds upon the prior findings of our 2017 article, General Counsels in Sports: An Analysis of the Responsibilities, Demographics, and Qualifications. That Article provided an in-depth analysis of the responsibilities, demographics, and qualifications for General Counsels of the clubs in the National Football League (NFL), Major League Baseball (MLB), the National Basketball Association (NBA), and the National Hockey League (NHL). This Article updates that work, examines the role of General Counsel within a Major League Soccer (MLS) club, and compares the backgrounds of the present MLS General Counsels to the General Counsels of the other leagues. Additionally, this Article discusses the Women's National Basketball Association (WNBA) and the National Women's Soccer League (NWSL); however, currently, the majority of clubs within these two leagues do not have enough internal legal counsel to provide comprehensive data for a complete analysis.
As to the NFL, MLB, NBA, and NHL, we found the following changes: (1) an increase in the number of Black/African American General Counsels, but only a very slight increase for other racial/ethnic groups; (2) an increase in gender diversity, with significantly more women General Counsels today; (3) an increase in General Counsels with prior legal experience in the sports industry; (4) an increase in General Counsels with prior experience at prominent sports law firms, most of whom assume roles within the NFL; and (5) an increase in the number of General Counsels with prior experience in an Associate Counsel role.
Additionally, when examining the MLS General Counsels in comparison to their counterparts in the other leagues, we found that MLS General Counsels are generally: (1) younger and have fewer years of prior legal experience before assuming the role; (2) of greater racial/ethnic diversity, specifically Asian/Asian American and Hispanic heritage; (3) include notably more women; (4) more likely to come from law schools and law firms of lower prestige and ranking; and (5) more likely to have prior experience working at a league office or in a prior role as an Associate Counsel.
Lastly, this Article discusses possible changes to the role of General Counsel as it adapts to broader developments in the sports industry, emerging technologies, and the changes across the legal field. In total, this Article provides an updated and expanded comprehensive understanding of the role of General Counsel.
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