April 3, 2024
April is synonymous with so many things – spring flowers, the Masters Tournament in Augusta, Georgia, and of course, the return of America’s pastime, Major League Baseball (MLB). However, MLB fans of several teams are likely unaware that where and how they will be able to watch or stream live sports games in the future is subject to an extremely complex ongoing Chapter 11 bankruptcy case in the Southern District of Texas.
Diamond Sports Group, LLC, et al. and certain related entities (collectively, “Diamond”) filed Chapter 11 bankruptcy on March 14, 2023. According to Diamond’s Chapter 11 Disclosure Statement filed on Feb. 29, Diamond is the “leading provider of local sports programming in the United States.” Diamond operates regional sports networks across the county and has the exclusive multi-year rights’ agreements to air the games of 14 MLB teams. Generally, these MLB teams grant Diamond the right to telecast all local games (that are not selected for exclusive national telecast) within a specified territory in exchange for annual payments to the MLB teams. Diamond broadcasts the games via wholly owned Regional Sports Networks (RSNs) that operate under the trade name “Bally Sports” – Diamond has a naming-rights’ agreement with Bally’s Corp. to use Bally’s as the trade name for the RSNs. Diamond also maintains minority investments in Marquee Sports Network, the local broadcast network for the Chicago Cubs, and the YES Network, the local broadcast network for the New York Yankees.
Since the March bankruptcy filing date, Diamond has taken several significant actions that have essentially kept the status quo for the 2024 season but has provided little clarity on the 2025 season and beyond. A summary of these actions is as follows:
Essentially, as of early April, Diamond (through the Bally RSNs) will continue to air games for the 2024 season. However, the MLB media landscape for 2025 and beyond is entirely unclear. With Diamond likely terminating the Bally’s Corp. naming rights’ agreement, the Bally’s RSNs will likely go extinct after the 2024 season, leaving 14 MLB teams (a little less than half of the MLB’s 30 teams) without a regional sports network starting in 2025. Will Amazon acquire the streaming rights to some or all of these teams? Will the MLB teams or MLB itself offer paid streaming subscriptions like the Padres and Diamondbacks? Or, will Diamond find a new naming-rights’ partner and resurrect the RSNs under a different name?
While the answers to these questions are unknown currently, what is certain is that the days of the average fan turning on the cable box and easily finding a regional MLB broadcast are likely over. The MLB media landscape appears to be headed toward a disjointed mix of streaming and traditional regional broadcasts. Indeed, the future may well depend on the outcome of the rare interaction between bankruptcy and baseball unfolding in the Diamond Sports’ bankruptcy.
[1] This article is not intended to provide a detailed legal analysis of the Diamond Sports bankruptcy, but rather is intended to provide an entertaining look at the rare interaction between a complex bankruptcy case and professional sports. All Court filings can be accessed for free at https://cases.ra.kroll.com/DSG/. Please consult an attorney if you need legal assistance regarding any aspect of the Diamond Sports case.
[2] Those teams are the Arizona Diamondbacks, Detroit Tigers, Miami Marlins, Tampa Bay Rays, Kanas City Royals, St. Louis Cardinals, Milwaukee Brewers, Minnesota Twins, Cincinnati Reds, Cleveland Guardians, San Diego Padres, LA Angels, Atlanta Braves, and Texas Rangers. Diamond has a minority ownership interest in the entities that broadcast Chicago Cubs and New York Yankees games.
[3] Regional broadcasts for the following MLB teams are operated by networks that are not subject to the Diamond Sports bankruptcy: Chicago White Sox, Oakland Athletics, Philadelphia Phillies, San Francisco Giants, Boston Red Sox, Pittsburgh Pirates, Baltimore Orioles, Washington Nationals, Seattle Mariners, Houston Astros, LA Dodgers, New York Mets, Toronto Blue Jays, and Colorado Rockies.
[4] These documents are very complex, and a detailed discussion thereof are beyond the scope of this article.
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