We formed the client LLC and facilitated transfer of a farm into the LLC. We worked with the client to negotiate a lease agreement with a horse trainer interested in leasing the property. After advising the client on several issues related to the trainer’s compliance with the lease, we assisted the client in declaring the trainer to be in default, terminating the lease agreement, and initiating and completing forcible detainer proceedings to evict the trainer. We then assisted the client in negotiating a new lease agreement and a settlement agreement with the trainer.

Our client purchased an American Saddlebred show horse in reliance upon a pre-purchased examination performed by a local veterinarian. The examination failed to note navicular cysts in both front feet despite the cysts being visible on radiographs taken during the exam. The horse became chronically lame and required management for the rest of his life. We assisted our client in submitting a claim to veterinarian’s malpractice insurer and in negotiating a settlement without the need for litigation.   

Saddlebred Rescue, Inc. (SBR) is a non-profit horse rescue based in New Jersey. We serve as SBR’s outside counsel and advise on corporate governance and non-profit best practices. We also prepare adoption agreements and advise on a variety of issues related to fundraising, social media, and staffing.    

This client maintains a training barn and lesson program in Kentucky. Our work includes general business advice, collections litigation, liability waivers and risk management, counseling on disputes with customers, bills of sale, agency/commission disclosure obligations and boarding and training contracts.

Represented account wagering companies (online handicapping) in acquisition of various state licenses (Oregon, North Dakota, Kentucky, etc.), and continued regulatory compliance at the state level including representation before the Racing Commission.

Ongoing counsel to various not-for-profit equine trade associations. Work includes advice on corporate governance, rule book compliance, hearing committee, intellectual property protection, employment agreements, election protocol and general contract work.

Draft and negotiate purchase and sales agreements for racehorses, stallion prospects and elite show jumpers and hunters.

Draft and negotiate stallion syndicate agreements for premier stallion farms. Drafted and/or negotiated agreements for BIG BROWN, GHOSTZAPPER, AWESOME AGAIN, WAR PASS, FLOWER ALLEY, POINT OF ENTRY, FORT LARNED, DIALED IN, ICEBOX, BRILLIANT SPEED and many others.

Draft and negotiate mare share agreements, stallion service contracts, foal share agreements, pinhooking partnerships, artificial insemination and embryo transfer agreements.

Formation of racing partnerships and advise and negotiate choice of entity, terms of management, transfer provisions and regulatory compliance.

Draft and negotiate purchase and sale agreements and co-ownership agreements for elite show jumpers and three-day event horses.

Draft lease agreements for competitive show horses and ponies and racehorses.

Advised show jumping operation regarding obtaining USEF and FEI show dates, and all contractual aspects of hosting FEI CCI*** competition.

Advise sport horse and thoroughbred and standardbred farms in all aspects of operations including boarding contracts, lease agreements, bills of sale, releases and waivers, liability, local and state regulatory matters, lien placement and collection of payment due.

Represented client in purchase of horse show dates and compliance with USEF license transfer and compliance.

Purchase and sale representation of thoroughbred and sport horse farm real estate.

Host Communications, Inc. (HOST) is a sports marketing and association management company that was the primary marketer for the National Collegiate Athletic Association.  Its annual revenues exceeded $46 million.  HOST also held a 34% interest in its affiliate, Universal Sports America, Inc. ("USA"), a successor to a number of businesses formed to operate and market grass-roots participation events.  USA's annual revenues exceeded $62 million.

Bull Run Corporation, a publicly traded company, through a corporate reorganization and a series of subsidiary mergers acquired HOST, USA and Capital Sports Properties for consideration of cash and common stock in the approximate amount of $158 million.  See Form S-4 Registration Statement, as amended, for B.R. Holding, Inc. filed on August 9, 1999.

The firm's experience as sports marketing counsel for HOST and USA brought inherent knowledge of the niche industry to the deal.