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World Sports Advocate

Volume: 11 Issue: 3
(March 2013)


News

The Article 29 Working Party, a body representing the European Union’s data protection regulators, has written to the World Anti-Doping Agency (WADA) warning that proposed revisions to the World Anti-Doping Code (the ‘Code’) do not respect European data protection law. ‘In the context of the third and final stage of the public consultation organised by WADA, the Art. 29 WP would like to express a number of observations and concerns with regard to these documents, particularly the latest modifications’, reads a 5 March letter to the World Anti-Doping Agency (WADA). ‘The Art. 29 WP feels that WADA’s proposals do not strike the necessary and proportionate balance between WADA’s aims and the respect for fundamental rights’. / read more

Over 200 anti-doping experts from over 25 countries will convene at Twickenham Stadium on 13-14 March for the sixth edition of World Sports Law Report's Tackling Doping in Sport annual conference. Thanks to the help of organising partners Squire Sanders (UK) LLP and UK Anti-Doping (UKAD), the event has grown from a niche briefing in a law firm's offices to a two-day symposium featuring over 15 national anti-doping authorities, over ten international federations and over 30 national sports associations. / read more

A group of five plaintiffs have launched a consumer protection class action against cyclist Lance Armstrong, six publishing companies, Thomas Weisel and William Stapleton; alleging that they defrauded the public through publication of five Lance Armstrong books as works of non-fiction. Filed 7 March at the US District Court for the Eastern District of California, case 2:13-cv-00116-MCE-KJN seeks 'damages, injunctive, equitable and declaratory' relief, alleging that defendants 'labeled and sold [the books] as truthful and honest works of nonfiction biography (or autobiography) when, if fact, Defendants knew or should have known that these books were works of fiction'. / read more


Features

An 8 April incident involving former Manchester City player Mario Balotelli led England’s Football Association (FA) to clarify that it can only take retrospective action where match officials didn’t see the incident in question. Lloyd Thomas, an Associate with Squire Sanders, examines whether FIFA’s position on retrospective action allows national associations to take retrospective action, and analyses whether the FA’s rules explicitly prohibit it. He explains how the RFU’s rules on ‘citing’ dangerous incidents could be utilised by football to solve issues such as this. / read more

On 22 February, the US Department of Justice (DoJ) elected to intervene in a ‘whistleblower’ case brought under the False Claims Act by cyclist Floyd Landis. The suit alleges that as the US Postal Service team was sponsored by a governmental organisation, Lance Armstrong violated the cycling team’s contract and defrauded the government by accepting sponsorship money whilst continuing to dope. John T. Holden and Ryan M. Rodenberg, of Florida State University, explain the Landis lawsuit and the amended suit after DoJ intervention. / read more

On 6 February, the UK Court of Appeal (CoA) upheld Football DataCo’s contention that its ‘Football Live’ database is protected by the Database Directive. Gavin Llewellyn, an Associate Director with Berwin Leighton Paisner LLP, explains how the judgment helps Football DataCo protect against unauthorised use of its database, even if the unauthorised user is based overseas. He also examines the history of the case, the final CoA decision and its implications. / read more

The aim of UEFA’s Financial Fair Play Regulations (FFPR) is to protect European football clubs from spending more than they earn. Martin Stopper and Tim Bagger, of Lentze Stopper Rechtsanwälte, examine how prohibitions within the FFPR on transactions with ‘related parties’ and on investment from third parties could contravene European law, and explain that a salary cap would be a more proportionate method of achieving UEFA’s aims. / read more

The Australian Crime Commission released a February report alleging that ‘widespread’ doping is occurring in Australia and that organised crime is involved. This has led to the ASADA Amendment Bill 2013, which suggests greater investigative powers for the Australian Sports Anti-Doping Authority (ASADA). Catherine Ordway, a Sport & Anti-Doping Consultant who was formerly a Director at ASADA, explains why these and other powers are needed to help ASADA do its job. / read more

In the second of a series of two articles, Michal Králík, a Supreme Court Judge, examines athlete liability for sports related injuries in the Czech Republic. This second instalment examines criminal liability, including analysis of recent judgments which indicate how the courts should approach cases involving breaches of sports rules results in actual bodily harm. / 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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