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Law Times • June 8, 2009 SPORTS/ENTERTAINMENT LAW Opportunity in tough times BY KELLY HARRIS Law Times D CFL's Michael Copeland uses business background to succeed "When I talk about develop- iffi cult economic times and the threat of great- er competition does not seem to have the only sole- ly-Canadian professional sports league shaking in its cleats. Th e Canadian Football League sees both those issues as opportunities to further cement the gate driven and aff ordable league's hold on its market share. And, helping to pour that cement is league chief operat- ing offi cer and general counsel Michael Copeland. As the only lawyer in the league's head of- fi ce, he draws upon his experi- ence in business and knowledge of the law to help guide the CFL through what many con- sider tumultuous times. "Th e legal training I have re- ceived both in school and prac- tising has been indispensable to my ability to be a business man- ager," Copeland says. "It really gives you a sense of organiza- tion, a sense of rigor and focus, that when you apply it to prob- lem solving, whether it be legal or otherwise, it really is a signifi - cant advantage and one that has been critical to my success." Copeland is a Brampton na- tive and a graduate of the Uni- versity of Western Ontario law and business schools, receiving his MBA from the Richard Ivey School of Business. He entered business school after a brief stint at Harrison Elwood LLP, now Harrison Pensa LLP, in Lon- don, Ont., and Blake Cassels & Graydon LLP. Working as a commercial and corporate law- yer he realized he was more in- terested in what the companies were intending to do through transactions, than he was in the transactions themselves. After business school he went to work with a pair of consult- ing groups, Deloitte Consulting in Sydney, Australia, and then the Boston Consulting Group, Inc. in Toronto, before moving on to a business development and marketing role with Mol- son Coors Brewing Co. Copeland became chief operating offi cer for the CFL in 2006 and is responsible for the league's strategic planning, fi nance, legal, football opera- tions, and administrative func- tions. He has managed several key initiatives for the CFL, including the establishment of a new salary management system, the completion of a comprehensive new broadcast and digital rights agreement, the launch of instant replay, and a possible return of CFL football to Ottawa. Copeland sees the CFL uniquely positioned to capital- ize on tighter budgets in the face of more diffi cult economic times. He says the league's image of players that fans can relate to and who live in the community they play in, may prove to be a benefi t in hard times. ing your own unique position- ing, part of our positioning is aff ordability," he says. "When we think of the CFL we defi ne ourselves as aff ordable, authen- tic, and accessible, we represent an opportunity to bring your family out to a game for less than the price of a single ticket to some other major sports." Nowhere is that more im- portant than in Toronto. Aside from the Maple Leafs, Blue Jays, Toronto FC, and the Raptors, there are countless non-sport venues competing for dwin- dling entertainment budgets. "Th e real opportunity is to look at how you carve out a niche for yourself that reso- nates with all those groups, sponsors, community, media, and the fans, in such a way that you become relevant and interesting to people," he says. "All of our clubs try to do that, Toronto requires a greater level of focus and they are doing some really great things in that regard now." Copeland also points out that CFL players make more than 5,000 community appear- ances a year and are easily acces- sible. And that isn't by fl uke, the collective bargaining agreement the players are governed by in- cludes the understanding of the expectation that players will be good corporate citizens. "It's all part of our collective bargaining agreement, it re- ally defi nes the relationship we have with players through the Canadian Football League Play- ers Association," Copeland says. "From a legal perspective, that is one of the most signifi cant con- tracts that we have to manage." Th e CBA expires at the end of this CFL season and Cope- land is already working with the players association on their next contract. While he is leading the team negotiating the next CBA, he isn't alone. A trio of law fi rms, including Hicks Morley Hamilton Stewart Storie LLP, Torys LLP, and Cassels Brock & Blackwell LLP are working with the CFL and Copeland on a variety of issues. "We rely on outside coun- sel on a variety of matters," he says. "I'm the only lawyer currently employed with the league offi ce, so it becomes necessary to have outside counsel help us on corporate matters, intellectual property, and employment matters." While he says only a quarter of his time is spent on legal mat- ters, it seems hard to distinguish the diff erence between league or business issues, and legal ones. Whether he is helping to nego- tiate a new collective bargain- ing agreement with the players union, working with front-offi ce contracts, or responding to is- sues impacting the league, in the world of sport, law seems to transcend business. One such place where sports, the law, and business are colliding is U.S. bankruptcy Judge Redfi eld T. Baum's court- room in Phoenix, Ariz. Baum has been tasked with deciding the fate of the economically embat- tled Phoenix Coyotes, sought after for a move to southern Ontario by BlackBerry magnate Jim Balsillie. Unlike other North American sports leagues, the CFL has not made submissions to the bank- ruptcy hearings into the possible sale and relocation of the Phoenix Coyotes to Hamilton. Th at doesn't mean the league isn't in- terested in the hearings. Copeland says as a fan, greater access to hockey in Southern Ontario is an exciting prospect, but this issue is not simply about following a sport. "Th at issue really speaks to the ability of sports leagues to govern them- selves, and the extent to which their own governance docu- ments takes precedence over other interests," he says. "So we Ontario market. I can re- ally see how there is a really strong fan base . . . interest- ed in seeing hockey come to southern Ontario. As a fan it's exciting to think of that possibility as well." Th e CFL has to be pre- Canadian Football League chief operating offi- cer and general counsel Michael Copeland. "Part of the mandate of the league offi ce is to make sure that the league gets integrated and is capitalizing on all the opportunities it has before it," Copeland says. "Th ere is a pared for either of the out- comes. While many would see another sports franchise as nothing more than com- petition for entertainment dollars, Copeland sees it as an opportunity. "It could just really be a catalyst to the market, if it attracts corporate interest," he says. "If it attracts re- surgence to the city where you actually see businesses locating around something like that, it could really be something that creates a dynamic market in which the Tiger-Cats can thrive." Aside form the CFL, Copeland is a supporter of Special Olympics Can- ada and served as a director for the annual Special Olympics Festival since 2007. He is an avid runner who participated in the Ironman USA Triath- The legal training I have received both in school and practising has been indispensable to my ability to be a business manager. are keenly watching the out- come of that." If an economically-chal- lenged franchise can be moved without league consent, that cuts to the heart of a sports league's ability to market itself. strategy to that and you want to manage how that strategy unfolds, protecting your ability to do that is very important. "It is also very interesting and exciting to think of sports prop- erties re-energizing the southern lon at Lake Placid in 2006. He has competed in marathons in Chicago, Ottawa, and Toron- to, and is a board member of Triathlon Canada. Copeland and his wife have one daughter. LT Canadian Film & Television Business & Legal Practice For all the business and legal aspects of the Canadian Film and Television industry A godsend! Susan Cavan, B.A., LL.B. 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