Sports Law 2014
In this roundtable we spoke with nine experts from around the world about the latest changes and developments in Sports Law. Our chosen experts discuss key topics including the potential legal implications of a Winter World Cup in Qatar, sponsorship and reputational risks in light of the Nicolas Anelka quenelle case, and anti-doping in the aftermath of the Lance Armstrong scandal. Highlighted case studies include: Football, Cricket, Australian Rugby League, Rugby Union, American Football, NBA & NCAA Basketball, Athletics and Cycling.
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Daniel Saoul 4 New Square
Dr Sebastian Cording CMS Hasche Sigle
Takuya Yamazaki Field R
Paul J. Greene Global Sports Advocates, LLC
Stephen Hornsby Goodman Derrick LLP
John Shea Morgan Cole LLP
Neil Swift Peters & Peters Solicitors LLP
Angus Bujalski Rugby Football Union
Gary Hughes Wilson Harle
1) Have there been any recent regulatory changes or interesting developments? 2) What were the most significant cases in 2013, and what trends are you expecting to see in the upcoming year? 3) What do you believe will be the main challenges to anti-doping in 2014 and have any lessons been learnt from the Lance Armstrong doping scandal? 4) Sports disputes of one kind or another, particularly commercial ones, frequently arise. Can you outline the available methods of alternative dispute resolution and discuss their benefits to negotiators? 5) Does the Court of Arbitration for Sport need a “Grand Chamber”? 6) With British ski cross number one Emily Sarsfield becoming the latest athlete to threaten legal action over Olympic selection policy can you talk us through the legal complexities for the various bodies and outline the difficulties which may arise (i.e. previous doping offences, strict eligibility criteria and denied re-allocation of positions)? 7) In light of the recent human rights issues and allegations of corruption surrounding the 2014 Sochi Winter Olympics can you discuss the roles and responsibilities surrounding the event organisers and outline what needs to considered when drafting a Sports Event Management Agreement (“SEMA”)? 8) With concerns surrounding the labour and employment abuse in Qatar for the development of its infrastructure for the FIFA World Cup in 2022, could sport lawyers play a role in helping eradicate or limit issues surrounding the logistics of a major event? 9) What legal implications are likely to occur if FIFA move the 2022 World Cup to November or December in order to accommodate the weather conditions in Qatar, and could this set a dangerous precedent for legal action as a result of the bidding process in other sporting events? 10) How critical is it that major events acquire the services of a knowledgeable and experienced sports lawyer with regards to broadcast rights agreements and sponsorship? 11) To what extent can an organisation undertake due diligence when sponsoring a high profile sporting personality or event and what assurances can be implemented to ensure damage limitation from potential reputational risks? 12) What can sport do to crackdown on match fixing and spot-fixing? 13) More than 50% of the managers in the Barclays Premier League are in their first season at their present club as the hire-and-fire culture in English football continues to grow at an alarming rate. Can you talk us through the relevant contractual issues involved in the managerial merry-go-round? 14) Following the dismissal of Colin Powell at Charlton Athletic in March2014 there is now only one non-white manager in employment across the 92-team English football league system. What effect do you believe the introduction of a system similar to the Rooney Rule in the NFL would have in the UK both in terms of promoting equal opportunities and its impact on employment laws? 15) Premier League clubs paid a record-high £96 million in agent fees between October 2012 and September 2013. To what extent could a lawyer provide a cheaper and more creative solution to player representation? 16) How does buying a football club differ from other mergers & acquisitions deals?