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World Sports Advocate

Volume: 11 Issue: 4
(April 2013)


News

The US Department of Justice (DoJ) filed a $120 million claim against cyclist Lance Armstrong and associated defendants with the US District Court for the District of Columbia on 23 April, alleging that they defrauded the US government. The 28-page lawsuit (case 1:10-cv-00976-RLW, Document 44) alleges that by ‘regularly and systematically’ doping, Tailwind Sports Corp., Armstrong and Johan Bruyneel violated the US Postal Service’s (USPS) 1998-2004 sponsorship contract and as a result, submitted to the US government ‘false or fraudulent invoices for payment’. / read more

The International Association of Athletics Federations (IAAF) is to launch a satellite laboratory in Kenya to assist with the testing of Kenyan athletes in remote locations by the end of this year. The laboratory will enable analysis of samples from 150 Kenyans with an Athlete Biological Passport profile, which was previously impossible due to the requirement for samples to be tested at a World Anti-Doping Agency (WADA)-accredited laboratory within 36 hours of collection (Article 7.2 of the Athlete Biological Passport Operating Guidelines). The only WADA-accredited laboratories in Africa are in South Africa and Tunisia. / read more

The World Anti-Doping Agency (WADA) is considering joining the Spanish anti-doping authority’s appeal against a Madrid court’s decision to order the destruction of all evidence relating to the Operación Puerto investigation, after it sentenced Dr. Eufemiano Fuentes and Ignacio Labarta to imprisonment on 30 April. ‘Access to this evidence motivated WADA’s involvement in the case’, read a 1 May WADA statement. ‘This would ensure appropriate sports sanction processes against the cheats who used Dr. Fuentes’s services. The Court did consider that his conduct was a crime against public health. WADA is currently fully reviewing the decision and any possible appeal or other action with its Spanish legal advisors, and the Spanish national anti-doping organisation.’ / read more


Features

In Spanish football, pre-contract agreements between clubs and minors requiring the payment of a penalty clause should the minor join another club, are common. In February, the Spanish Supreme Court ruled that such an agreement requiring payment of a penalty is null and void, and that only training costs should be paid. In this first instalment of a two-part article, Stephen Sampson, Fernando Gonzalez and Lloyd Thomas of Squire Sanders examine the decision and its implications. / read more

As well as revealing serious issues with doping in Australian sport, February’s Australian Crime Commission report on Organised Crime and Drugs in Sport highlighted that drug control in Australian sport is failing. Bob Stewart, an Associate Professor in Sport Studies at Victoria University, suggests a new approach. / read more

In a recent judgment, the Delhi High Court has confirmed that ball-by-ball coverage of cricket constitutes infringement of STAR’s mobile rights, when offered on a commercial basis by other mobile phone operators. Amrut Joshi and Aditya Shamlal, of Gamechanger Sports Ventures, examine the arguments made in the case, give an explanation for the ruling and assess its implications for mobile media rights to cricket in India. / read more

Spain’s anti-doping regulations have recently come under the spotlight during the trial of Eufemiano Fuentes. Madrid has also launched its third bid to host the Olympic Games, in 2020. These developments have prompted the Spanish government to draft a new anti-doping Act. Ricardo Gentzsch, a Business Developer with Corporate Defense International, analyses the new draft Act. / read more

Great Britain’s Gambling Commission has maintained that primary responsibility for dealing with betting-related corruption should fall to sports governing bodies (SGBs). Paul Scotney is a former Director of Integrity Services at the British Horseracing Authority where he established a purpose built Integrity Unit to counter the threat of betting-related corruption in Horseracing. He is now a freelance sports integrity consultant working with a number of major sports providing advice and guidance on betting related issues. He is also a member of the Sports Resolution Panel. In the light of increased accessibility to betting markets, for example through on-line platforms, he outlines in this article what SGBs should be doing to protect their sport from this potential threat to integrity, and why. / read more

Manchester United already owns a number of trademarks in the US and is hoping to capitalise from its opening of an office on the East Coast. Ryan S. Hilbert, a Special Counsel with Sheppard Mullin Richter and Hampton LLP, offers some important considerations to take into account when registering a sports trademark in the US. / read more

College sports are immensely popular in the US and as such, computer games companies have been keen to use the likeness of student athletes within their games. Dr. Anastasios Kaburakis, Assistant Professor of Management and Sports Business at Saint Louis University, explains how his research has helped identify the issue and provides data-driven recommendations that may assist the National Collegiate Athletics Association formulate policies on use of student athlete images. / 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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