One of my law school professors was Michael Josephson. He has an institute of ethics and used to have a radio show called “Character Counts.”
When an athlete fell down the ladder of a draft, he would point to the differential of the value of his contract and say something like, “this is the cash value of character.” There are certainly cases in point. Steph Curry and LeBron James get huge endorsements because their public image is pristine. Tiger, well…
This takes us to the Erin Andrews and Hulk Hogan cases. Ms. Andrews is a sports commentator who was just awarded $51 million after she was photographed naked through a peep hole in a hotel. Hulk Hogan is suing because Gawker published a sex tape involving him. In each case, the value of their existing reputation has come into play.
A few legal points. First, in Ms. Andrews’ case, there is doubt that the verdict will stand. It is likely too high. The trial judge sits as the 13th juror to correct excess and the Court of Appeals in Tennessee will do the same. For the sake of all, I think there will be a flurry of motions and eventually a confidential settlement.
Dave Stewart is the opposite side of the equation and perhaps reflects changing mores. He was caught with a self-identified lady of the evening and the Dodgers banished him to Oakland, where he prospered. He is now a successful agent, proving that there are second acts in America, but again, the legal aspects of all this are rather fascinating.