David S. Fogel

  • Professor

Associate General Counsel, National Basketball Coaches Association

As the NBCA’s Associate General Counsel, David Fogel manages core areas of the day-to-day legal operations of the NBCA. His responsibilities include:

  • Managing the Association’s pension and benefit plans
  • Negotiating, drafting, and reviewing employment contract and severance disputes
  • Drafting annual NBA Coaches Association Employment Guide
  • Conducting NBA Coaches Association Fine Appeal Process
  • Facilitating marketing opportunities and sponsorship relationships for the Association

David joined the NBCA in 2013. Prior to assuming his current position, David worked as a Board Agent for the National Labor Relations Board, a government agency responsible for the investigation and remediation of unfair labor union practices, and for Brody & Browne LLP, a law firm specializing in entertainment and employment law.

David currently serves as an Adjunct Professor at Pace University School of Law, where he teaches a course titled “Legal Aspects of Professional Sports.” He has also been a Guest Lecturer at Benjamin N. Cardozo School of Law and New York University School of Professional Studies, where he has taught several courses on labor relations, the duty of fair representation, alternative dispute resolution and collective bargaining in sports.

David published several legal articles related to NBA issues in the New York State Bar Association’s Entertainment, Arts and Sports Law Journal. His first article titled Labor Relations and the Anti-Flopping Policy: Has the NBA Dropped the Ball? analyzed the NBA’s unilateral implementation of its anti-flopping policy in relation to Federal Labor Law. His second article titled Removing the One and Done Policy: An Analysis of the Non-Statutory Labor Exemption and the NBA’s Draft Eligibility Requirements analyzed Commissioner Silver’s proposed increase of the draft eligibility age requirement in relation to Federal Anti-Trust Law. His third article, written for NBCA members, was titled Negotiating and Drafting the Ideal NBA Coach’s Contract: Strategies, Tips, and Techniques. The article focused on negotiating and drafting ideal employment agreements for professional sports coaches and executives.

David earned his law degree from Benjamin N. Cardozo School of Law, where he graduated Cum Laude. He served as Director of the Cardozo Sports Law Symposium, President of the Cardozo Labor and Employment Law Society, and Student Chair of The New York State Bar Association’s Sports Law Section. He served as 3-year captain and starting point guard for the Cardozo Law School Basketball Team. In addition to his law degree, David also received a Graduate Certificate in Sports Business Operations from New York University School of Professional Studies.

David was recruited to play Varsity Baseball at Emory University. He graduated from Emory University with a degree in Political Science and Sociology and was inducted into the Phi Eta Sigma, Alpha Kappa Delta, and Order of Omega National Honor Societies.