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World Sports Advocate

Volume: 15 Issue: 9
(September 2017)


News

Two American soccer teams, Miami FC of Division 2 and Kingston Stockade FC of the National Premier Soccer League, filed a claim with the Court of Arbitration for Sport (‘CAS’) on 3 August 2017 against the United States Soccer Federation (‘USSF’), CONCACAF and FIFA over Major League Soccer’s (‘MLS’) operation of a closed league system which prevents the promotion and relegation of teams to and from the MLS, regardless of the sporting achievements of lower tier clubs. / read more

Billionaire Andrew Forrest officially announced on 13 September 2017 his plans to set up a new Indo-Pacific Championship following dismissal of an appeal by Western Force against the Australian Ruby Union’s (‘ARU’) move to axe the team from the Super Rugby competition. Despite the reactionary nature of the proposed new Championship, which will begin on 13 August 2018 and will feature six teams despite interest from 20 countries, Forrest confirmed that “We will be, from here, investing, organising and energising the game of rugby in collaboration with the ARU, in collaboration with Super Rugby and in collaboration with the Wallabies.” / read more


Features

Ross Sylvester, Head of Sport at media rights specialists Wiggin LLP analyses the recent landmark deal between the ATP and Amazon which, from 2019, makes Amazon Prime Video the home of practically all elite men’s tennis in the UK outside of the four grand slam tournaments, and discusses the changing viewing habits in relation to audiovisual sports content. / read more

The tax treatment of footballers’ image rights has long been a concern for the UK’s HM Revenue & Customs (‘HMRC’). Recent developments demonstrate that the topic has again fallen into sharp focus. On 8 March 2017, the UK Government announced that “HMRC will publish guidelines for employers who make payments of image rights to their employees to improve the clarity of the existing rules.” Andy Brown and Tom Jaggar of Bird & Bird LLP, assess HMRC’s latest tax probe into footballers’ image rights. / read more

In the US an ever-increasing number of US states are introducing legislation to legalise fantasy sports betting, and the US Supreme Court has agreed to hear New Jersey’s case against PASPA. Greg Gemignani and Kate Lowenhar-Fisher, of Dickinson Wright, consider the events that have led to the US Supreme Court recently agreeing to hear New Jersey’s case on the legality of PASPA, which prohibits states from authorising and regulating sports wagering. / read more

Daily headlines show that - especially near or during the transfer market window - there are many cases where clubs try to use their position to demand action of players that is often impossible for players to comply with, which almost always pressures players to give in to the club’s request (e.g. sign a new contract, a termination agreement, or a document waiving rights to ask for any compensation). On the other hand, there are instances in which clubs seek compensation from players, claiming financial, marketing, sporting and/or moral damages and trying to adduce evidence demonstrating that the club’s image and reputation was negatively affected as a result of a player’s action. The case between Ariosa v. Club Olympia (CAS 2015/A/3882) is relevant in this scenario. On 29 July 2015, the Court of Arbitration for Sport (‘CAS’) widened the scope of compensation due to players for the first time following a termination by the club without ‘just cause,’ which involved the concept of ‘moral damages.’ Matteo Di Francesco, Managing Associate at Orrick, analyses the case and its importance. / read more

For some time, the German Bundesliga has increasingly been suffering from supporters who bring fireworks and cause riots in stadiums. The German Football Association (‘DFB’) usually sanctions those clubs whose supporters are responsible for such prohibited behaviour. The DFB statutes contain a system of strict liability of the clubs, irrespective of whether or not they are substantially responsible for the damage caused. Dr Tim Bagger von Grafenstein of Lentze Stopper and Paul Fischer of Martens Lawyers, provide detailed insight into the contractual situation for supporters purchasing away tickets and a club’s ability to claim damages as a result of prohibited behaviour by supporters. / read more


About World Sports Advocate

The monthly law publication providing guidance on all aspects of sports law, including licensing and sports data, anti-doping and doping sanctions, TV and broadcasting rights, sport technology, players agents, disciplinary measures, sports integrity, sports betting, player contracts, intellectual property, transfer regulations, sports sponsorship and marketing, and governance, as well as coverage of key legal cases, sporting regulations and governing bodies including the IOC, UEFA and FIFA and sporting events such as London 2012. / read more

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