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World Sports Advocate

Volume: 9 Issue: 8
(August 2011)


The International Basketball Federation (FIBA) approved transfer of players contracted to US National Basketball Association (NBA) clubs to other clubs whilst the NBA 'lockout' continues, however a 'return clause' could lead to contractual issues when the lockout ends. / read more

The Committee for Culture, Media and Sport (CCMS) has told the UK Government to abolish the Football Creditors rule in its Football Governance Report, published on 29 July. The recommendation follows a 27 July Supreme Court ruling questioning the legitimacy of the rule. This comes ahead of Her Majesty's Revenue and Customs (HMRC) 28 November High Court case against the Premier League's Football Creditors rule. / read more

The International Association of Athletics Federations (IAAF) will ban any athletes who refuse to take a blood test ahead of the 2011 World Championships in Daegu, Korea, 27 August to 4 September. / read more


French 1,500 metres runner Hind Dehiba was recently banned from taking part in the 30 June Athletissima meeting in Lausanne, Switzerland, due to a recommendation not to admit athletes who have served doping bans to events organised under the Euromeetings banner. Dehiba successfully challenged her exclusion, which endangered her ability to qualify for the World Championships by running under 4:02.50 before 15 August. Jorge Ibarrola, a founding partner of Libra Law, examines Dehiba's application under Swiss law, the reasoning behind the decision to order Athletissima to accept Dehiba's participation and the implications. / read more

Alex McLeish recently resigned as Manager of Birmingham City to join rival Aston Villa, citing constructive dismissal as his reason for terminating his contract prematurely. Meena Botros, an Associate with Norton Rose LLP, examines what constitutes constructive dismissal and previous case law involving football managers who have claimed that by its conduct, a club has breached its contract. / read more

The National Basketball Association has postponed the start of its season, as players and owners have failed to agree on a Collective Bargaining Agreement, which sets the contract terms between team owners and players. Paul J. Greene, an Attorney with Preti Flaherty and former sportscaster for Fox News, examines the implications that this 'lockout' could have for European basketball. / read more

Legislative protection against ambush marketing was promised by New Zealand in its bid to host the 2011 Rugby World Cup. However, the Major Events Management Act passed by government is over restrictive on small local businesses wishing to benefit from New Zealand's hosting of the tournament, writes David Hood, a Solicitor with Maria Clarke Lawyers. The Act is so restrictive and difficult to interpret that it may deter many local businesses from attempting to benefit from the tournament, argues Hood, while many small businesses used to carrying out marketing could fall foul of the Act through ignorance. / read more

New rules permitting the use of product placement in UK and Irish sports broadcasts were introduced earlier this year. Adam Finlay, a Solicitor with McCann Fitzgerald Solicitors, explains what is permitted under the new rules, the new opportunities they may present for sport and potential issues. / read more

There has been much speculation about whether UEFA will 'investigate' Manchester City's partnership with Etihad under its Financial Fair Play Regulations (FFPR). This follows suspicion that the value of the deal has been inflated to allow the club to continue to spend freely whilst meeting the 'break-even' requirements under the FFPR. Stephen Hornsby, head of the sports group at Davenport Lyons, explains that UEFA can only ask questions based on documentation received from the club under the FFPR, and can only assess the 'fair value' of any sponsorship deal if the club itself considers the deal to constitute a 'related party' transaction. / 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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