Who is Jeffrey Kessler? Everything on the lawyer leading 23XI Racing's fight to transform NASCAR
Jeffrey Kessler has been hired to aid two NASCAR Cup teams who have filed an antitrust lawsuit against NASCAR and its CEO Jim France. Kessler was previously engaged with the Cup Series teams to advise them on the new charter agreement.
23XI Racing and Front Row Motorsports have retained Kessler to sue NASCAR over "anticompetitive and exclusionary practices" to "enrich themselves at the expense of the premier stock car racing teams."
One of the most prominent sports lawyers, Kessler rose to fame by being involved in high-profile sports litigations such as the lawsuit that led to the free agency rule in NFL. Moreover, he has represented the NBA and MLBPA. The attorney also won the lawsuit for equal pay for the US women's national soccer team.
Born on February 19, 1954, the Brooklyn native graduated from Columbia University summa cum laude, followed by Columbia Law School. Kessler began his career working as an associate for Weil, Gotshal & Manges in the Antitrust Department. He soon became a partner with the firm and was the lead counsel in various cases on sports law, intellectual property cases, antitrust laws, and several jury trials.
Representing a number of US and international companies, he has been recognized by many publications, such as 'Litigator of the week' by Am Law in March 2019 and as a 'Litigation Trailblazer' by the National Law Journal for his victory in the antitrust litigation against the NCAA's anticompetitive compensation restrictions. Moreover, in the area of sports, Kessler was named under the '50 Most Influential People in Sports Business' by Sports Business Journal in 2021.
Now working as a partner at Winston & Strawn LLP, Kessler has been tasked again with a joint lawsuit and advising the only two Cup series teams who haven't signed the newly proposed charter deal by NASCAR. When hired by teams to negotiate charter deals, Kessler said in a statement (via racer.com):
"This is reminiscent for me of many sports that have gone through a transformative model. (It’s) sort of a moment when the legal style basically confronts them and says, 'either you’re going to voluntarily change or you’re going to be changed and you can either get on the bus or get run over by the bus.' No one wanted this litigation but NASCAR didn’t really give these teams any choice — you either submit to the bully or you fight. They’re going to fight."
Furthermore, he said (via The Athletic):
"Someone had to stand up and say, 'I’m not going to take it anymore.' That’s what these two teams have done."
"Change is necessary" - 23XI Racing and Front Row Motorsports on their antitrust lawsuit against NASCAR
Amid the long-standing negotiations, most teams reportedly signed the agreement under duress. The key factors that led to the delay in finalizing the new charter deal included making charters permanent, an increased share in revenue, and more governance.
Furthermore, FRM and 23XI issued a joint statement that read:
"We share a passion for racing, the thrill of competition, and winning. Off the racetrack, we share a belief that change is necessary for the sport we love. Together, we brought this antitrust case so that racing can thrive and become a more competitive and fair sport in ways that will benefit teams, drivers, sponsors, and, most importantly, fans."
Deep into the 2024 season, a lot remains uncertain and only time will tell where the racing series' future lies.