Monthly Roundup - September 2021

LawInSport September Roundup
Monday, 11 October 2021

Welcome to LawInSport’s Roundup for September 2021. 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. 

Chris, Manan, Marcos and the rest of the LawInSport team.

Articles

Technology
The Legal Recognition Of Non-Fungible Tokens (NFTs) In India

What is the role of NFTs in turning digital art and mementos into marketable assets and the legal recognition of transactions of such assets and what regulations are applicable in India...read more  

Written By Abhinav Shrivastava, Counsel, LawNK & Parvati Bhat, Senior Associate, LawNK

Anti-Doping
Comparing Approaches To Anti-Doping: WADA, MLB, NBA, NHL, NFL & UFC

This 3 part series compares the key aspects of the WADA Code along with the anti-doping policies of the MLB, NBA, NFL & UFC in light of recent substance of abuse cases…read more

Written By Alastair Campbell, Partner, LEVEL Law

Anti-Doping
How DNA Determined Sample Identity In An Anti-Doping First For India – The Case Of Vijay Singh

In a first of its kind case in India, Mr. Singh was cleared of an Adverse Analytical Finding due to a DNA test proving that the contaminated sample did not belong to Mr. Singh…read more

Written By Vidushpat Singhania, Managing Partner, Krida Legal & Anika Dhingra, Associate, Krida Legal

Covid-19
Covid-19: Strategies For UK Sports Organisations Preparing For End Of Furlough

With the coronavirus furlough scheme ending on September 30, 2021, this article lays down certain key considerations for sports organisations who benefited from the furlough scheme…read more

Written By Serena Nicolls, Counsel, Farrer & Co. & Tabitha Juster, Associate, Farrer & Co.

Football
How Changes To UEFA’s 2021 Procedural Rules Fundamentally Affect Financial Fair Play

UEFA has substantially amended its Procedural Rules Governing the UEFA Club Financial Control Body and the impact of these amendments on Financial Fair Play is explored…read more

Written By Christopher Flanagan, Managing Editor, International Sports Law Journal

Football
Initial Recommendations From The Fan-Led Review Into English Football

On 22 July 2021, Tracey Crouch MP, the chair of the panel conducting an independent review of football governance in the UK provided an update by way of a letter to the DCMS…read more

Written By Neeraj Thomas, Partner, CMS Cameron McKenna Nabarro Olswang LLP

Football
Taxing Overseas Loans: Dutch Case Raises Important Points For Clubs & Footballers

A recent Dutch judgment sheds light on the taxability of signing-on fees following the loaning of three players from a Belgian club to a Dutch club...read more

Written By Daan Buylaert, Partner, Atfield & Mona Vera, Associate, Atfield

Football
Football Transfers: Buy-Back Clauses Explained

Take a closer look at buy-black clauses, how they work in practice, why they’re used, and the different variables which clubs and agents can negotiate as part of the deal…read more

Written By Daniel Geey, Partner, Sheridans & Alex Harvey, Associate, Sheridans

Football
How Leagues And Football Club Groups Are Leveraging Equity Finance

This article explores alternate forms of financing football clubs through equity in addition to the general equity investment including financing leagues, multi-club ownership and raising finance from general public…read more

Written By Michael Savva, Partner, Watson Farley & Williams & Stuart Bolton, Associate, Watson Farley & Williams

Football
Why Do Football Clubs Raise Finance And Who Are The Main Investors?

This article uses the examples of Roman Abramovich/Chelsea, Sheikh Mansour/Manchester City, Manchester United, Liverpool & AC Milan to…read more

Written By Michael Savva, Partner, Watson Farley & Williams & Stuart Bolton, Associate, Watson Farley & Williams

Football, United States
How The FA’s Visa Requirements Apply To American & Major League Soccer Players

Following a number of recent moves by American players to English clubs, this article delves into how The FA’s points system applies to players representing either MLS teams and/or the US Men’s National Soccer Team…read more

Written By Andrew Visnovsky, Founding Member, Ad Victoriam Sports Group

Football
An Introduction To Portugal’s Court Of Arbitration For Sport: A Unique Arbitral Body

Portugal has created a specialised method of dispute resolution in sports…read more

Written By Fernanda Duarte Marques, Football Lawyer

Crime & Investigations
An Athlete's Guide: Knowing Your Rights When Involved In Police Investigations

This article provides professional athletes with an overview of the procedures, and their rights and entitlements if arrested…read more

Written by Leo Martin, Partner, Freemans Solicitors

Motorsport
How Patents & Trade Secrets Are Utilised In Motorsport

In practice, patents may not be used as often as expected by motorsport teams and trade secrets might be better suited to protecting confidential information…read more

Written By Simon Casinader, Senior Associate, K&L Gates & Niall Lavery, Associate, K&L Gates

Motorsport
What Happens When Drivers Ignore Flags In Formula One?

In Baku 2021, following Max Verstappen’s crash that resulted in the waving of red flags, there was miscommunication by Nicholas Latifi’s race engineer, resulting in the Williams car remaining on the track and not returning to the pits as ordered. However, in spite of it being a clear team error, Latifi ended up receiving an in-race penalty and penalty points on his license…read more

Written By Anshul Ramesh, Jindal Global Law School 

Media Rights
Is Australia’s “Anti-Siphon List” Still The Best Way To Protect Live Sports Broadcasts?

The evolution of the sports broadcasting landscape over the past 30 years has led to views that Australia’s anti-siphoning list is no longer the most effective method of ensuring Australia has free access to major sporting events…read more

Written By Andrew Riordan, Partner, Norton Rose Fulbright Australia & Sophie Timms, Lawyer, Norton Rose Fulbright Australia

United States
How Could US College Football Be Restructured To Improve Its Competitive & Economic Potential?

There have been structural changes to college football post the Alston decision and this article examines several options for structural change that the author believes would benefit the current system…read more

Written By Drew Thornley, Associate Professor of Legal Studies, Nelson Rusche College of Business, Stephen F. Austin State University

United States
Minor Leaguer’s Fight For Fairer Wages Enters Final Innings: A Review Of Senne V MLB

In this class action suit, the minor leaguers accuse MLB and the clubs of violating the federal Fair Labor Standards Act and other state wage and hour laws, and are seeking damages in the form of years of backpay…read more

Written by Alex Rahmanan, Law Student at Brooklyn Law School, and Vice President of Brooklyn Law School Entertainment and Sports Law Society

Podcasts

How Lawyers Are Supporting Paralympic Athletes - E118

This episode highlights the work that Hogan Lovells & Global Disability Innovation Hub and other partners are doing to support Para Sport Against Stigma - a four-year collaborative project that will include free-to-air broadcasting of the Tokyo 2020 Paralympic Games to 49 Sub-Saharan African countries provided by the International Paralympic Committee…listen here

Membership

We would like to welcome and thank our new and renewing Corporate Members.

 New Members

  • Ambiel, Manssur, Belfiore, Gomes, Hanna Advogados
  • Brucher Thieltgen & Partners
  • Linklaters
  • Stats Perform

Renewing Members

  • 2 Temple Gardens
  • The Asian Football Confederation
  • Mills & Reeve
  • Lewis Silkin
  • Sheridans
  • UCFB
  • Charles Russell Speechlys

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

Career Opportunities

To stay up to date with the latest opportunities in sport, visit our Jobs Board here.

Current Openings:

Deadlines Closed In September 2021:

  • LawInSport (Remote) - Digital Marketing Associate
  • The Football Association (UK) - General Appeal Board; Chairperson Panel Member (UK)
  • PGA European Tour (UK) - Risk & Compliance Manager (Maternity cover 1 year)
  • Mercedes-AMG Petronas Formula One Team (UK) - Legal Assistant
  • The Asian Football Confederation (Malaysia) - Head of Sports Legal Services, Disciplinary & Governance
  • Premier League - Regulatory Paralegal
  • Centrefield (UK) - Employment Solicitor
  • Kellerhals Carrard ( Switzerland) - Attorney - Sports Law
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