Alan Goldberger - Counsellor at Law - Articles and Presentations

Goldberger & Goldberger Counsellors at Law

PRESENTATIONS/SEMINARS/WORKSHOPS:

For Representative Seminar Topics, click [HERE] | View a list of Articles by Alan Goldberger

ATTENDEES SPEAK! [CLICK H E R E] TO READ WHAT OTHERS SAY ABOUT ALAN GOLDBERGER'S PRESENTATIONS! Attorney Alan Goldberger

Officiating and the Law

Officials need today, more than ever, to be concerned with the law regarding liability for injuries, assaults on officials, legal rights and liabilities of officials associations, the independent contractor/employee question, contractual relationships, and numerous other aspects of officiating life that are affected every day by the legal system.

With the publication of Sports Officiating: A Legal Guide in 1984, officials' legal responsibilities -- and their legal rights -- were discussed in this first and only single volume book devoted to the law of officiating. The Second Edition of Sports Officiating: A Legal Guide, published in 2007, is the essential guide for sports officials and those who supervise, manage and use their services. "The Guide" comes alive in Alan's seminars, featuring a practical, "real world" approach to the challenges presented to officials in legal matters.

Now, you can bring your officials up to speed with the best practices in officiating -- designed to manage your officials' exposure to liability and help all officials assert their legal rights. Alan Goldberger's presentations on safety, liability and risk management for sports officials and their associations have been widely acclaimed throughout the country. Workshops can be tailored for team and individual sports for active officials and referee associations, for topics ranging from "Managing an Officials' Association Today" to "Defending Your Referees" to "Risk Management and Liability in Officiating." The material in these seminars can be put to use starting with your next officiating assignment. contract negotiation or executive committee meeting.

For example, officials who attend Alan's seminar, Officiating Safely will learn

· how a good “pre-game” can help avoid liability

· the key to controlling rough play, taunting and baiting

· the art of managing the fight

· the importance of injury mechanics

· why officials need to enforce equipment/uniform related rules

· the value of preserving the appearance of impartiality

· techniques to manage exposure to liability after the game

· how an officials' association can help

Safety and Liability for Physical Education Teachers, Coaches, and Athletic Administrators

Alan Goldberger uses a practical -- not theoretical -- approach to the challenges faced by administrators, physical education teachers, and athletic coaches on a daily basis. Seminar lectures are geared to providing attendees with a succinct overview of the law of negligence and other aspects of the law which pertain to physical education and athletics as it applies in a education setting.

The ability to develop the virtues of positive behaviors and good sportsmanship during participation, to integrate game skills by following the rules of an activity and rules related to player safety, and the importance of practicing safe game techniques reflect the educational outcomes desired by all school districts. At the same time, the instruction in and practice of safe sport skills goes hand in hand with effective risk management. This philosophy results in enhancing professional development for teachers and coaches who master appropriate techniques and protocols and thereby demonstrate commitment to reducing risk associated with sports and physical activity, in these litigious times.

Alan Goldberger has trained thousands of administrators, recreation professionals, teachers, coaches and students in legal principles related to sport and physical activity. As a practicing attorney, he offers practical techniques and solutions based on his knowledge of the law and his extensive experience as a high school and college referee and umpire.

His program offerings profoundly enhance the professional development of athletic and physical education staff by demonstrating the importance of coaching and teaching safe game skills, adherence to playing rules, and sportsmanship. With the focus on maintaining the knowledge and skills necessary to provide a safe and positive experience for students and athletes, attendees benefit by receiving practical information they can put to immediate use. Knowledge of the activity, supervision, sportsmanship, and cross sport considerations are focal points in promoting learning and reducing injuries. Students learn safe game and activity skills from teachers who use an enhanced appreciation of their legal responsibilities as a springboard to maintaining a safer environment.

REPRESENTATIVE SEMINAR/WORKSHOP TOPICS

Alan's presentations encompass a wide variety of topics in the areas of sport and the law, association and business law, and related subjects. Below is a sampling:

· Board Secretary's Round Table

· Business Associations Law

· Criminal Background Checks -- In Your Board's Future?

· Defending Your Officials - A Practical Guide for IAABO Boards

· Employee or Independent Contractor? Who's What and Who Cares?

· Incorporating Your Association

· Intramural Sports, Liability, and Officiating: A Practical Guide

· Justice on the Court

· Legal Issues in Lacrosse Officiating

· Legal Issues in Lacrosse Umpiring

· Legal Aspects of Voluntary Associations

· Legal Issues in Sport Medicine

· Legislating Sportsmanship: Athletic Codes of Conduct

· Liability of Basketball Officials

· Little League Laws and Other Statutory Immunity

· Managing the Fight - The Legal Issues

· Managing Your Board's Exposure to Liability

· Officiating Safely: A Referee's Guide to Risk Management

· Out of Their League: Sanctions, Expulsions, And Due Process in Nonprofit Sports Organizations

· Play by the Rules: Utilize Game Officials to Better Manage Risk

· Recruitment and Training of IAABO Basketball Officials

· Risk Management and Liability for Coaches and Recreation Professionals

· Risk Management and Liability for Physical Education Teachers and Coaches

· Risk Management and Liability Workshop for Physical Education and Athletics

· Risk Management and the Role of Game Officials

· Risk Management for Football Officials

· Risk Management for IAABO Basketball Officials

· Risk Management for Referees Before and After the Game

· Role of Game Officials in Risk Management: What Every Coach, Athletic Director and Recreator Should Know

· Sizing Up the Competition: Legal Liability for Mismatches in Athletic Events

· Sport and the Law

· Teaching Sportsmanship: Practical Guidelines

· Ten Ways to Increase Your Association's Exposure to Liability

· The Changing Face of Sport Law: Key Concepts in a Soft Discipline

· The Other Equity - Legal Requirements For Injunctive Relief

· Violence, Rage and Liability in Amateur Sports

· Volunteer Immunity Revisited: Does it Take an Act of Congress?

· Volunteer Protection Act of 1997 - What You Need to Know

· Water: A Legal Parable

· What Every Professional Should Know about the Law

· What the Law Doesn't Say: Myths and Misconceptions of Sport Law

For Upcoming Seminars, click here

ORGANIZATIONS SERVED

Alan Goldberger has appeared before sports organizations, educational institutions, and professional associations throughout the nation, including:

Abington PIAA Officials
American Bar Association
Bergen County Baseball Umpires Association, Inc.
Central Pennsylvania Basketball Officials Association
Florida High School Athletic Association
Georgia High School Association
International Association of Approved Basketball Officials, Inc.
Livingston Public Schools
Medical Society of New Jersey
Millburn Public Schools
Montclair State University
National Association for Girls and Women in Sport
National Association for Sport and Physical Education
National Association of Sports Officials (NASO)
National Intramural Recreational Sports Association
National Parks and Recreation Association
New Jersey Council of Administrators of Health and Physical Education
New Jersey Football Officials Association
New Jersey Recreation and Parks Association
New Jersey State Baseball Umpires Association, Inc.
New Jersey State Interscholastic Athletic Association
North Brunswick Township Public Schools
Oceanside School District
Phil Fox IAABO Basketball Clinic
Philadelphia Police Athletic League
PIAA District IV Football Officials Clinic
Police Athletic League National Convention
Rockland County College
Rutgers University
School and Community Safety Society of America
Seton Hall University
Shore Board #194 of Basketball Officials
Society for the Study of Legal Aspects of Sport and Physical Activity
South Orange-Maplewood School District
Temple University
Tri-County Officials Association
US Lacrosse Mens Division Officials' Council
US Lacrosse Womens Division Officials' Council

RECENT ARTICLES BY ALAN GOLDBERGER

"Concussions and the High School Official: What You Need to Know" was the topic of Alan Goldberger's Legal Issues column in the Fall 2010 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Follow Procedures When Concussions Occur" appeared in the August, 2010 issue of Referee Magazine. "10 Steps to Protecting Yourself if You're Sued" appeared in the April 2009, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Legal Landmines -- Conversations with Spectators" was the topic of Alan Goldberger's Legal Issues column in the Spring 2010 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"A Lawsuit on Every Sideline?" by Alan Goldberger appeared in the Winter 2009 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Managing Your Exposure to Liability by Controlling Your Game from Start to Finish" appeared in the Fall 2009 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Officials Organizations: Nonprofit or Not?" appeared in the June 2009, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"In Defense of Sports: The Difference between 'Sports Law' and 'Entertainment Law' - And Why It Matters" by Alan Goldberger appeared in the October 28, 2009 issue of "The Voice" newsletter of the Defense Research Institute (DRI).

"Liability Issues for High School Officials - Before the Game" appeared in the Summer 2009 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Liability Triggers for High School Officials" appeared in the Spring 2009 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Legal Implications of Using Video to Train" appeared in the December, 2008 issue of Referee Magazine.

"Your Best Friend" appeared in the Winter 2008 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Advantages of Belonging to An Officials’ Association" appeared in the Summer 2008 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Preventive Officiating and the Two-Edge Sword of Warnings" was the topic of Alan Goldberger's Legal Issues column in the Summer 2008 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Court Presence: 11 Cases That Matter" appeared in the April 2008 issue of Referee Magazine. Also featured in the April issue of the magazine was "Incorporation Can Prevent Litigation."

Alan Goldberger’s article "Keep Your Distance From Spectators," originally published in Referee Magazine, was reprinted in the April 2008 issue of “The Squash Official,” newsletter of Squash Canada for its Officiating Program.

"They Don’t Call That in the Pros" was the topic of Alan Goldberger's Legal Issues column in the Spring 2008 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Statement to Attorney Can Be Used Against You" appeared in the February 2008 issue of Referee Magazine.

"Risky Business: The 7 Hot Spots of Liability," which originally appeared in the June 2007 issue of Referee Magazine, has been reprinted in the October 30, 2007 issue of "Stripes," the official newsletter of the Men’s Division Officials Council of U.S. Lacrosse.

"Who’s In Charge of Your Gym?" appeared in the December 2007 issue of "Sportorials," published by the International Association of Approved Basketball Officials, Inc.(IAABO). Alan Goldberger is legal counsel and parliamentarian of IAABO.

"New Season: New Legal Challenges" was the topic of Alan Goldberger's Legal Issues column in the Winter 2007 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Playing it Safe with Safety Rules" appeared in the December 2007, issue of "ON BOARD," the newsletter of the National Association of Sports Officials Organizations Network.

"Is Your Association a Legal Liability?" was the topic of Alan Goldberger's Legal Issues column in the Fall 2007 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Lacrosse Presents Challenges for Officials" appeared in the October 2007 issue of Referee Magazine.

"Fighting and Liability" was the topic of Alan Goldberger's Legal Issues column in the Summer, 2007 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Officiating Mechanics: The First Step in Managing Liability" appeared in USA Football's booklet, "Officiating Youth Football: 2006-2007"

"Risky Business: The 7 HotSpots of Liability" appeared in the June 2007 issue of Referee Magazine.

"Be Careful What You Ask For" appeared in the May 2007 issue of Referee Magazine.

"Keep Your Distance from Spectators" appeared in the January 2007 issue of Referee Magazine.

"Defense of Sports Personal Injury Claims -Part II: State and Federal Statutory Immunity Defenses for Sports Program Volunteers" appeared in the September 2006 issue of "The Business Suit," a monthly newsletter published by the Commercial Litigation Committee of the Defense Research Institute. Alan Goldberger is Chair of the Committee's Sports Law Special Litigation Group.

"A Legal View: Stop the Fight" appeared in the September 2006, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Officiating Organizations: What Does It Mean to Be a Member?" appeared in the June, 2006, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Above Suspicion: The Media Awaits" appeared in the May 2006 issue of Referee Magazine.

"You Can Be Sued for Slander" appeared in the April 2006 issue of Referee Magazine.

"On a Clear Sideline, You Can See Forever" appeared in the March 2006 issue of Referee Magazine.

"Independent Contractor or Employee?" appeared in the February 2006 issue of Referee Magazine.

"Dealing with Death Threats" appeared in the January 2006, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"A Contract to Protect?" appeared in the January 2006 issue of Referee Magazine.

"Defense of Sports Law Bodily Injury Claims: Violence and Entity Defenses" appeared in the January 2006 issue of "The Business Suit," a monthly newsletter published by the Commercial Litigation Committee of the Defense Research Institute. Alan Goldberger is Chair of the Committee's Sports Law Special Litigation Group.

"When Lightning Strikes..." appeared in the November, 2005 issue of Referee Magazine.

"A Letter from a Lawyer" appeared in the November 2005, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Sunglasses Pose a Shady Problem" appeared in the October 2005, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"All We Need is Some Information from You" appeared in the September 2005, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Watch the Sky ... and Your Backs" appeared in the September 2005 issue of Referee Magazine.

"Umpire's Car Vandalized During Game - Your Legal Rights and Responsibility" appeared in the June 2005, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Is a Sports Officials Assault Law Enough?" appeared in the May 2005 issue of Referee Magazine.

"P.A. Announcer Crosses the Line - Your Legal Rights and Responsibility" appeared in the May 2005, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Manage Liability with Proper Mechanics" appeared in the April 2005 issue of Referee Magazine.

"The Case of the 'Quid Pro No!'" appeared in the April 2005 issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Get Your Legal Facts Straight" appeared in the February 2005 issue of Referee Magazine.

"Your Legal Rights and Responsibilities: Six-Year-Old Lawsuit" appeared in the February 2005 issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"I Wouldn't Say That If I Were You" appeared in the December 2004 issue of Referee Magazine

"Crew Member's Mouth Could Get Everyone in Trouble" appeared in the November 2004 issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"All I Want to Do is Referee" appeared in the November 2004 issue of NASO ON-BOARD - the official newsletter of the National Association of Sports Officials.

"It's Only a Rec League Game" appeared in the October-November 2004 issue of "Sportorials", published by the International Association of Approved Basketball Officials, Inc.(IAABO). Alan Goldberger is legal counsel and parliamentarian of IAABO.

"Your Legal Rights and Responsibilities: Defamation in Local Paper" appeared in the October 2004 issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Officiating Questions-&-Answers," a column containing answers to referees' commonly asked legal questions appears regularly in NASO's newsletter, "It’s Official."

"Disqualification Procedures" appeared as a feature article in the Fall, 2004 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

"Your Legal Rights and Responsibilities -- Was I Assaulted?" appeared in the September 2004, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Your Legal Rights and Responsibilities -- Background Checks" appeared in the August 2004, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Officiating the Game...and the Bleachers" appeared in the August 2004 issue of Referee Magazine.

"Association or Conference: Whom Do You Work For?" appeared in the July 2004, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"A Guide to Defending Your Officials" appeared in the April 2004 issue of Referee Magazine. Also featured in the April issue was "Rolling with the Punches - A Conversation with Alan Goldberger." This feature discusses the role of the official in dealing with fighting.

"A Taxing Situation: Employee or Independent Contractor?" appeared in the April 2004, issue of "It's Official," a newsletter published by the National Association of Sports Officials (NASO).

"Safety Rules are There for a Reason" appeared in the March 2004 issue of Referee Magazine.

"Officiating Safely-The IAABO Way" appeared in the February 2004 issue of Sportorials, the official publication of the International Association of Approved Basketball Officials, Inc. (IAABO). Alan Goldberger is legal counsel and Parliamentarian for IAABO.

"Manage to Avoid the Risks" appeared in the February 2004 issue of Referee Magazine.

"Nine Ways to Decrease Your Association's Exposure to Liability" appeared in the January 2004 issue of "It's Official," a newsletter of published by the National Association of Sports Officials (NASO).

"Treat Safety as Priority One" appeared in the December 2003 issue of Referee Magazine.

"Update: Legal Liability and Risk Management for High School Football Officials" appeared as a feature article in the Fall, 2003 issue of the NFHS Officials Quarterly, published by the National Federation of State High School Associations.

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