Monthly Roundup - February 2022

Monthly Roundup - February 2022
Tuesday, 08 March 2022

Welcome to LawInSport’s Roundup for February 2022. We have curated a selection of recent articles and podcasts from our content that reflect contemporary issues and popularity. An excerpt from each article is set out below, and the full article is accessible via the hyperlink. We have also included updates on events, jobs and new members of LawInSport.     

Please enjoy, and if you have any related questions or feedback then please don’t hesitate to contact us. If you would like to write for LawInSport on any particular topics, please do get in contact and email us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Chris Bond, Editorial Director and Manan Agrawal, Editor

LawInSport Mentoring Scheme 2022/23

We have recently announced the latest edition of the LawInSport Mentoring Scheme for 2022/23. The global Mentoring Scheme was launched in 2018 with the aim to provide a practical mentoring scheme for students, lawyers as well as current and former athletes to help develop the next generation of sports lawyers who do not already have an existing network in the sector.

In this Mentoring Scheme, mentees will:

  • Engage in a remote work experience, shadowing or project/research work for their Mentor at a mutually convenient time during the year.
  • Meet with their Mentor on at least two further occasions during the year for coffee, lunch or over phone/Zoom to discuss the mentee’s progress and provide general advice and mentoring.
  • Participate and engage with other mentees.
  • Write at least one blog article during their year for publication for LawInSport (whether written with the Mentor or otherwise);
  • Write a report about how the scheme worked out and exchange it. LawInSport will have the right to republish any part of that report in a longer piece about the scheme.

For more information on applying for the Mentoring Scheme as a mentee, please see here.

Mentors

Mentors are established sports lawyers be it in-house counsel, solicitor, barrister, advocate or academic.

If you would like to be one of our mentors, please email This email address is being protected from spambots. You need JavaScript enabled to view it. with a brief overview of why you would be interested.

Articles

Football
Can Clubs Shift The Financial Burden Of FIFA’s Solidarity Contribution For Player Transfers

Are football clubs involved in a player transfer free to agree on which of the two clubs shall bear the financial burden associated with the solidarity contribution under FIFA RSTP? If so, how can this be achieved?…

Written By Maximilian Wegge, Associate, Martens Lawyers

Motorsport
A Guide To How Trade Marks Work In Formula One®

This article examines the popular trademarks in motorsport along with some landmark decisions…read more

Written By Nicholas Buckland, Managing Associate, Lewis Silkin and Ella Nawaro, Trainee Solicitor, Lewis Silkin

Football
New Precedent Set For Withholding/Editing Content From Regulatory Decisions? – The FA V Marc Bola 

An FA Regulatory Commission made by Middlesbrough footballer, Marc Bola (Player), to edit the content of its Written Reasons in order to remove the wording of the social media post…read more

Written By John Shea, Senior Associate, Lewis Silkin

Regulation & Governance
What Tournament Organisers Can Learn From India’s AFC Women’s Cup Exit 

The Indian women’s football team (Indian team) was forced to withdraw from the Asian Football Confederation (AFC) Women’s Asian Cup 2022 (AFC Cup) due to twelve players testing positive for COVID-19…read more

Written By Abhinav Shrivastava, Counsel, LawNK and Shubham Jain, Research Associate, LawNK

Motorsport
Disqualified For Technical Breach Despite No Advantage: The Cautionary Tale Of A Rally Driver 

In a recent decision, the International Court of Appeal highlighted that performance advantage is not a necessity to be sanctioned if found in breach of the applicable regulations…read more

Written By Andrew Moroney, Senior Associate, Squire Patton Boggs’

Motorsport
Pitfalls Of Sports Federations Playing Judge, Jury & Executioner – A Review Of Turk V FIM

Mr Turk’s sanction for alleged misconduct included an eight-year ban from all motorcycling-related activity in circumstances where he was not given a sufficient opportunity to defend his case and where he had breached no ethical or disciplinary policy…read more

Written By Joel Wallace, Barrister, Littleton’s Chambers

Football
Why A Sixth Substitute In Football May Not Automatically Mean A Forfeit Loss

Since 2020, the rules of football allow for five substitutions per team, per match. Therefore, the general understanding has been that if a team substitutes a sixth player, it loses the match by forfeit…read more

Written By Dr. Vitus Derungs, Owner, Vitus Derungs Sports Law LLC

Football
How To Use ‘Variable Sell-On Clauses’ In Football Transfers After Arsenal’s Win At CAS

FIFA are concerned that ‘variable sell-on clauses’ may breach their regulations against third party influence…read more

Written By Jason Shardlow-Wrest, Managing Associate, Linklaters

Safeguarding
Safeguarding Athletes: Why World Athletics’ New Policy Raises The Bar 

World Athletics released its Safeguarding Policy which has been developed to ensure that those in positions of authority in athletics adopt practices that actively prevent harassment, abuse and exploitation with the sport…read more

Written By Katie Fudakowski, Partner, Farrer & Co. and Rachel Nolloth, Associate, Farrer & Co.

Olympics
Why Rule 50 Still Isn’t Working For Athletes – Beijing 2022 Olympic Winter Games

Despite the opportunity to make a positive legal change to protect the human rights of athletes at the Olympic Games, the International Olympic Committee’s failure…read more

Written By Nikki Dryden, Attorney and Law Graduate of Brooklyn Law School

Olympics
Eligibility Cases From The Beijing Olympic Winter Games 

This articles examines four eligibility decisions released by The Court of Arbitration for Sport Ad Hoc Division at the 2022 Beijing Winter Olympic Games…read more

Written By Mike Cook, Arbitrator and Member of the International Panel at Sport Resolutions

Data Protection
Legal Rights In Performance Data: Why Athletes Need To Dig Down For Data Mining 

Whether and to what extent athletes’ performance and health data is protected by law?…read more

Written By Kim Roberts, Counsel, King & Spalding International LLP

Anti-Doping
How Could CrossFit’s Anti-Doping Policy Be Strengthened?

This article compares CrossFit’s Drug Testing Program[1] to WADA’s World Anti-Doping Code[2] (WADC), and offers the author’s views on how CrossFit’s policy could be strengthened…read more

Written By Mike Cook, Arbitrator and Member of the International Panel at Sport Resolutions

Regulation & Governance
Key Amendments To The Hungarian Sports Act – Major Events, Anti-Doping & Agent Regulation

In Hungary, the legislative framework for sports is set out in Act I of 2004 on sports which comprehensively regulates…read more

Written By Péter Rippel-Szabó, Associate, Bird & Bird

Competition Law
‘Win It On The Pitch’ – EC Registers European Citizens’ Initiative To Protect European Sports Model 

The European Commission has registered a European Citizens’ Initiative entitled “Win It On The Pitch1. The initiative calls on the Commission to protect…read more

Written By Anand Patel, Lawyer, Linklaters and Karolis Pocius, Associate, Linklaters

Cryptocurrency, Fan Tokens, NFTs
Commercialising Digital Assets: Opportunities & Threats From New Digital Revenue Streams For NFTs

Football clubs are interested in exploring new revenue streams, particularly in response to the league shutdowns and game cancellations caused by the pandemic. One of those revenue streams…read more

Written By Will Quaranta, Extern, LawInSport

Data Protection
How Are Changes To The Law Impacting The Sports Ability To Commercialise Data?

In recent years, the sports industry has increasingly been shaped by the expanding use and commercialization of data…read more

Summary Written By John Ellis, Extern, LawInSport

Podcasts

Representing Kevin De Bruyne & FIFA's Agent Regs - Daan Buylaert & Sven Demeulemeester - E129

Sean and Manan talk to Sven Demeulemeester and Daan Buylaert (Partners at Atfield) to discuss their work representing Kevin de Bruyne for his latest contract extension at Manchester City, the use of analytics for the extension and the future of agent-player relationships…listen here

In Conversation With Sohail Ali & Gurpreet Duhra On Discrimination In Cricket And Law – E128

Sean and Manan talk to Sohail Ali and Gurpreet Duhra (Partners at DLA Piper) to discuss their personal experiences of discrimination in both sport and law in the UK in the aftermath of the Azeem Rafiq case…listen here

Membership

New Member Organisations

  • Walker Morris
  • World Athletics
  • Liverpool FC

Renewing Members

  • Wiggin
  • CMS
  • Manchester United

You can find further information about becoming a Corporate or Academic member of LawInSport here.

Career Opportunities

To stay up to date with the latest opportunities in sport, visit our Jobs Board here. If you have any enquiries for job listings on our Jobs Board, please email This email address is being protected from spambots. You need JavaScript enabled to view it.

Active Jobs:

Expired Jobs:

  • WADA – Independent Ethics Board Member
  • UK Sport – Senior Lawyer
  • England and Wales Cricket Board – Panel Chair: ECB Safeguarding Panel

 

This article was written with the assistance of Angelina Sanchez, who, as on the date of publishing this article, is undergoing an externship at LawInSport from Brooklyn Law School, New York.

LawInSport

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