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Horseracing Integrity & Safety Authority Ruled Unconstitutional - What Happened & Why (NHBPA V Black)

Thursday, 19 January 2023 By Howard Jacobs, Aaron Mojarras

Since the establishment of the Horseracing Integrity and Safety Authority (HISA), opponents of the organization—and more specifically, its uniform set of rules meant to improve the safety of the horseracing industry—have launched on arsenal of legal claims challenging its authority.

Thus far, all of these claims have been unsuccessful, with the sole exception of the U.S. Fifth Circuit Court of Appeals’ decision in National Horsemen’s Benevolent and Protective Association (NHBPA) v. Black1.

This article discusses the decision in NHBPA V. Black and looks at its potential impact on the HISA and other sports organisations in the United States of America.

It examines:

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Howard Jacobs

Howard Jacobs

Howard Jacobs has been identified by leading national and international publications as one of the leading sports lawyers in the world. He is an athlete’s lawyer and not a sports agent. He represents athletes in all types of disputes, with a particular focus on the defense of athletes charged with doping and other disciplinary offenses. He has represented over 250 professional athletes, Olympic athletes and amateur athletes in disputes involving doping, salary issues, team selection issues, SafeSport issues, endorsements, unauthorized use of name and likeness, and other matters. Howard Jacobs has been consistently listed by the Chambers Guide as one of the top ranked lawyers in the United States for athletic disputes.  In addition to his law practice, Howard Jacobs is an Adjunct Professor at Southwestern Law School in Los Angeles, where he teaches sports law.

As an athlete advocate, Howard provides a voice for athletes and others in all types of disputes; he has argued many landmark cases for athletes, winning cases that have set precedents and established better and more fair practices. Because of this, Howard Jacobs is a sought after expert on sports law issues.

Howard graduated from Florida State University and William and Mary Law School. He ran cross country and track & field for Florida State University and competed as a professional triathlete during law school. He currently resides in Southern California with his wife, two children, a gentle giant of a ridgeback mix, an aussiedoodle puppy and a garage full of bicycles.

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Aaron Mojarras

Aaron Mojarras

Aaron joined the Law Offices of Howard L. Jacobs as an intern during the spring of 2021 and never looked back, officially becoming an Associate in May 2021. His practice focuses primarily on representing athletes in arbitrations in disciplinary matters (anti-doping and SafeSport), salary disputes (basketball), and team selection disputes.

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