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World Sports Advocate

Volume: 14 Issue: 9
(September 2016)


News

The World Anti-Doping Agency (‘WADA’) confirmed in a press release on 13 September 2016 a hack on its Anti-Doping Administration & Management System (‘ADAMS’) by the Russian cyber espionage group known as Fancy Bear. According to WADA, the group accessed athlete data, including medical data such as Therapeutic Use Exemptions (‘TUEs’) related to the Rio 2016 Olympic Games. Following the hack, some of the confidential data has been leaked on Fancy Bear’s website. / read more

FIFA’s Independent Ethics Committee Investigatory Chamber has opened a new set of formal proceedings against former President, Sepp Blatter, former Secretary General Jérôme Valcke and former Acting Secretary General and Director of Finance & Corporate Services Markus Kattner, according to a media release on 9 September 2016. The investigation will look into potential violations of the FIFA Code of Ethics (‘FCE’) including Art. 13 (General rules of conduct), Art. 15 (Loyalty), Art. 19 (Conflicts of interest), Art. 20 (Offering and accepting gifts and other benefits) and Art. 21 (Bribery and corruption), in the context of salaries and bonuses and other provisions included in contracts relating to the three individuals. In addition to this, a possible violation of Art. 16 (Confidentiality) will be investigated relating to Markus Kattner. / read more

The European Professional Football Leagues (‘EPFL’) stated in a press release on 8 September 2016 that the process by which the Union of European Football (‘UEFA’) has formulated reforms to UEFA club competitions is ‘unacceptable for an organisation that claims to be the governing body of football in Europe.’ UEFA announced on 26 August 2016 a new procedure for entries to the UEFA Champions League and the UEFA Europa League, which would involve Bundesliga, La Liga, the Premier League and Serie A receiving four guaranteed Champions League group stage places for the 2018/19 season, in addition to increased financial distribution to clubs for both leagues. / read more


Features

One and a half years have passed since the coming into force of Article 12bis of the Regulations on the Status and Transfer of Players (‘FIFA Regulations’) on overdue payables. At the time of its coming into force, a number of issues relating to its interpretation and impact were unclear. Since then, FIFA has published over 50 decisions concerning the application of Article 12bis, the analysis of which helps understand the practical application of this provision. Paolo Lombardi, Managing Director at Lombardi Associates, sheds light on the application of Article 12bis so far. / read more

Over two days in August, the leading global National Anti-Doping Organisations (‘NADOs’) and the Institute of National Anti-Doping Organisations (‘iNado’), an advocacy organisation that enables NADOs to improve their programmes and adopt best practices met to develop a new way forward in the wake of revelations of state-sponsored doping in Russia. The proposed reforms were aimed at satisfying three goals: to better protect clean athletes; restore confidence in the integrity of sport; and ensure past damaging events do not repeat themselves1. / read more

Coming just a few weeks after what many believe to be the pinnacle of sporting achievement, the Paralympic Games has often been viewed as the smaller, less exciting, cousin that follows the main event. This issue was highlighted when with only a few weeks before the opening ceremony The Guardian reported that only 12% of tickets had been sold. In addition to this there were signs that the Rio 2016 Organising Committee had a severe funding shortfall that was leading to the delay of travel grants awarded to competing nations. Local media reported that Paralympic funding had been diverted to the Olympics. Against this backdrop, Fraser Reid and Daniel Alfreds of Couchmans LLP, explore what the future holds for the commercial sponsorship programme of the International Paralympic Committee (‘IPC’) and what can be done to ensure that it remains attractive to sponsors and capable of growing its monetary base, in an increasingly competitive sponsorship landscape. / read more

Following the publication of the McLaren Report, the IOC Executive Board (‘EB’) issued its Decision concerning the participation of Russian athletes in the Rio 2016 Olympic Games. The EB Decision stipulated that entry into the Games would only be accepted if an athlete was able to provide evidence to the satisfaction of their International Federation (‘IF’) that they had not been ‘implicated’ in the alleged state-run doping programme. In this article Mikhail Prokopets and Darina Nikitina of Legal Sport, provide their opinion on the EB Decision, which they believe was a hasty one, resulting in decisions being made that unfairly deprived athletes of the opportunity to compete at Rio. / read more

The Court of Milan issued its decision in Mediaset Premium S.p.A. v. Calcion and Others in a case involving the request for a blanket blocking order relating to sports broadcasting via live streaming websites in Italy. Pierfilippo Capello and Andrea Bozza of GeA Studio Legale Associato, discuss the details of the case. / 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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