Bennett Liebman

The legal threads connecting the rights of licensees to ply their trade and racetrack owners to police their grounds have been pulled tighter than a rip cord these past few years, thanks to a series of high-profile battles involving Hall of Famers Jerry Hollendorfer and Bob Baffert. These same threads hamstrung the years-long dispute between California's trainers and racetracks about what should be written into the race-meet agreement about fair procedures for trainers facing potential banishment from a facility. It all boils down to this: How best to balance the...

With just over a month before the racetrack safety component of the Horseracing Integrity and Safety Act (HISA) is set to go into effect, two separate lawsuits cast looming shadows over the program's legal and operational future. One of the suits challenging HISA's constitutionality was filed by the National Horsemen's Benevolent and Protective Association (NHBPA). In March, United States District Court Judge James Wesley Hendrix dismissed the suit finding that while HISA pushes boundaries of public-private collaboration, the law as constructed stays within the current constitutional limitation. The NHBPA subsequently...

One year ago, a decades-old state requirement in New York that mandates that same-race mounts of married jockeys be coupled in pari-mutuel wagering cost the state an estimated $4.2 million in lost betting handle. That same rule also caused two well-respected, just-married riders--Katie Davis and Trevor McCarthy--to uproot their lives during the middle of a pandemic, necessitating them to move from New York to California to try and earn livings by riding where no such restrictions exist. In the midst of that upheaval, a New York lawmaker whose district includes...

After a two-year absence, the Racing and Gaming Conference is back. The two-day conference will kick off Aug. 16 and will be held in the 1863 Club on the grounds of Saratoga Race Course. With the goal of examining industry trends and challenges facing the sport, the conference was known for bringing together notable industry leaders from across a wide spectrum, including racing officials, regulators and politicians. This year, more than 40 gaming and racing industry professionals will participate in 14 sessions as speakers and panelists throughout the two days....

As a Government Lawyer in Residence at Albany Law School and an adjunct professor of law, attorney and educator, Bennett Liebman has long had his finger on the pulse when it come to racing's rules, regulations and laws. He has written extensively on the subjects of due process and whether or not racetracks have the right to exclude licensees, two key elements of Bob Baffert's lawsuit against NYRA in which he sought injunctive relief to have his suspension temporally overturned. For three years, the New Yorker was Deputy Secretary to...