July 25, 2020
David W. Sussman, a member of Jenner & Block’s Content, Media and Entertainment Practice, recently spoke with KCBS Radio’s Curtiss Kim about the convergence of legalized sports betting and the capture and commercialization of athletes’ biometric data. 
This data includes respiration, temperature, blood pressure and other systemic levels, which teams collect and monitor for coaching, development, and talent evaluation decisions. Its proliferation comes at a time when more than 20 states have currently legalized sports betting following the US Supreme Court’s decision in Murphy v. National Collegiate Athletic Ass’n, which invalidated the Professional and Amateur Sports Protection Act of 1992. 
In the interview, Mr. Sussman discusses how biometric data could become incorporated into betting, either as a metric on which fans bet, or as information that fans use in placing bets on players or teams. 
“All of the teams, leagues, and probably players as well, particularly in the post-COVID environment, are looking for new ways to make the sports more attractive and engaging,” said Mr. Sussman in the interview.