[COPY] The 14th Update
[Edition 3 – July 2024]
Welcome back to the 14th Update, a Newsletter curated by 14 Sports Law, where the world of sports law unfolds with the rhythm of a well-struck penalty kick. We will continue to be a monthly fixture on your calendar, hitting your inboxes on the 14th day of every month.
We’ll be looking at some of the most recent happenings in the world of Sport. For those who don’t follow our activity, Sport is generally defined as a competitive physical activity, usually won by someone from Spain! Major congrats to Alcaraz and the Spanish National team, building on Real Madrid’s success earlier in the year.
As always, we invite you to share your thoughts, feedback, and questions with us at [info@14sportslaw.com].
Happy reading!
Best,
Luis Cassiano Neves
Founding Partner, 14 Sports Law
Our team represented FC Alverca in the joint CAS Appeal filed by Sana Dafa Gomez & Al Wasl Football Company LLC against the former. The Award in CAS 2023/A/10086 was pronounced on 2 July 2024, confirming the decision rendered by the FIFA Dispute Resolution Chamber dated 24 August 2023. Well deserved win for our client
Our friends at Sferico Sports Management got off to a flying start to the transfer market with 4 deals already under the belt. Joao Correia has joined Pafos FC; Goncalo Teixeira has joined CSM Politehnica Iasi; Felix Andrade has signed a permanent deal with Gil Vicente FC after a season on loan from Juventus; and Yannick Semedo has joined FC Vizela.
Great job from our amigos at MadeInFootball, kicking off the transfer market with a move for Raul Silva to SC Farense.
Our client António Félix da Costa has bagged a hattrick of Formula E wins after victory in Portland E-Prix.
Alarm Bells for Football Agents in the UK? – Agents to be Classified as ‘Employment Agencies’?
The Football Association sent a circular to all licensed football agents regarding discussions with the UK Government’s Department for Business & Trade (DfBT) and the Employment Agency Standards Inspectorate (EASI). The main issue was the potential classification of football agents as “employment agencies” under the 1973 Employment Agencies Act. This would require compliance with all related regulations. This move has sparked confusion and concern among agents. On the surface, the definition of an employment agency: “a business that finds permanent roles for job seekers” seems to fit the perceived role of a football agent. However, the role of football agents is far more complex, involving player transfers, negotiations, and career management, not merely job placement.
The FA’s consultation process with selected agents on changes to the National Football Agent Regulations (NFAR) hinted at this development as early as the third quarter of 2023. Agents were advised to be aware of English law concerning employment agencies, but many agents missed this warning or were not licensed at that time. Now, concerns arise from the broad definition provided by the DfBT, which could misclassify football agents’ roles. It is to be noted that exceptions exist in the Employment Agencies Act for certain occupations in entertainment and modelling, potentially including professional sportspersons. These exceptions might mitigate the impact on football agents. In summary, while the proposal raises valid concerns, further clarification from the DfBT is needed. The football agent industry must ensure that its unique roles are fully understood by the regulatory bodies to avoid misguided regulations.
Updated Dates for the FIFA Agent Exam
On 3 July 2024, FIFA released Circular No. 1891, informing of the reduced application period for the Agent Exam to 45 days, and the conduction of the Exam merely once a year as of 2025. These are the relevant upcoming dates:
4th FIFA Football Agent Exam: Application Period – 19 August 2024 to 4 October 2024; Exam Date – 20 November 2024;
5th FIFA Football Agent Exam: Application Period – 13 January 2025 to 28 February 2025; Exam Date – 21 May 2025
Mark your calendars! We will be offering another round of our preparation course in September 2024 to ensure your success. Should you have any questions or require guidance on your journey to becoming a licensed FIFA Agent, do not hesitate to reach out – we are here to support you every step of the way.
UEFA’s Verdict on Croatia-Albania EURO 2024 Match
On 24 June 2024, UEFA’s Control, Ethics, and Disciplinary Body (CEDB) announced sanctions following the Croatia vs. Albania EURO 2024 match on 19 June 2024 in Hamburg. The Croatian Football Federation (HNS) was fined EUR 28,000 for fans throwing objects and lighting fireworks, while the Albanian Football Association (FSHF) faced a EUR 47,500 fine for provocative messages, fireworks, and pitch invasion.
Additionally, Albanian forward Mirlind Daku received a two-match suspension for violating sporting conduct rules and delivering a political message. These decisions highlight UEFA’s commitment to maintaining discipline and fair play.
UEFA CFCB Decision on Multi-Club Ownership: Girona/Man City and Man United/OGC Nice Cases
In its recent ruling on July 5, 2024, the UEFA Club Financial Control Body (CFCB) First Chamber has approved the participation of certain clubs in the upcoming 2024-2025 UEFA club competitions under the multi-club ownership scrutiny. Proceedings were initiated due to potential conflicts with Article 5 of the UEFA club competitions regulations on multi-club ownership. This rule ensures that no individual is involved in the management, administration or sporting performance of more than one club participating in UEFA competitions and that no individual has control or decisive influence over more than one such club.
City Football Group, which owns both Girona FC and Manchester City FC, implemented substantial changes to its governance structure. Girona FC’s shares were transferred to independent trustees through a blind trust overseen by UEFA, ensuring independent control compliant with regulations for the upcoming season.
INEOS, involved with both Manchester United FC and OGC Nice, undertook significant governance and ownership adjustments to comply with the relevant UEFA rules. OGC Nice’s shares were placed under the supervision of independent trustees through a blind trust, facilitated by UEFA, ensuring adherence to regulatory standards. The UEFA CFCB First Chamber will maintain oversight to ensure continued compliance throughout the 2024-2025 season.
Settlement Reached in Friel v. Dapper Labs Lawsuit – NBA Top Shot Moments NFTs
Dapper Labs, originally known for CryptoKitties, later developed its own blockchain, Flow, to host NBA Top Shot, a platform selling “Moments” or NBA highlight NFTs. In May 2021, a class action lawsuit accused Dapper Labs of selling unregistered securities. The plaintiffs argued that Moments constituted securities under the Howey test, traditionally used by the SEC to determine such matters. Dapper Labs countered by comparing NFTs to traditional trading cards like baseball or Pokémon cards, asserting they should not be considered securities. On February 22, 2023, Judge Victor Marrero of the Southern District of New York denied Dapper Labs’ motion to dismiss, marking the first instance where an issuer of NFTs was deemed to potentially offer an “investment contract” and thus could be liable for selling unregistered securities. The Court’s decision was notably narrow, specifying that not all NFTs are securities and each case must be evaluated individually.
The lawsuit has now been settled. On June 4, 2024, Judge Marrero approved a settlement where Dapper Labs agreed to pay $4 million into a settlement fund, covering payments to class members, attorneys’ fees, and administrative expenses. Despite the settlement, the broader regulatory implications remain unresolved.
CAS’s Announcement of 2 Temporary Offices for the Paris Olympics 2024
On 11 June 2024, the CAS announced the opening of 2 temporary offices in Paris for the Paris Olympics 2024. The first one is the CAS Ad Hoc Division, for the purpose of resolving any disputes that arise during the games. This Ad Hoc Division of the CAS has operated during every edition of the Summer and Winter Olympic Games since 1996, besides other major sporting events. It guarantees free access to dispute resolution services conducted within a timeframe consistent with the competition schedule insofar as decisions can be rendered within 24 hours in urgent matters.
The second temporary office is for the CAS Anti-Doping Division which shall adjudicate anti-doping related matters arising during the games. This structure has been in operation since the Rio 2016 Olympic Games to handle disputes referred to by the International Testing Agency (ITA) in accordance with the International Olympic Committee (IOC) Anti-Doping Rules. Both these temporary offices will operate from 16 July 2024 until 11 August 2024.
WADA Publishes New Guidelines highlighting athlete education
The World Anti-Doping Agency (WADA) has released new guidelines to assist Anti-Doping Organisations (ADOs) in developing and implementing effective programmes for major events. The guidelines are structured into five sections, emphasizing key aspects of programme organization and execution. Section 2 provides an overview of the anti-doping programme, while Sections 3, 4, and 5 cover the planning phase, pre-games implementation, the games-time period, and reporting and knowledge transfer. A notable addition is the mandatory completion of anti-doping education courses for participants during the pre-implementation phase. This is indeed a positive step and will further reinforce WADA’s commitment to ensuring anti-doping education amongst athletes.
De-recognition of the IBA and Update on IBA Boxers
The international Olympic Committee (IOC) has recently released a statement clarifying that boxers from the International Boxing Association (IBA) member federations would be ineligible to participate in the 2028 Los Angeles Olympic Games. Last year a lack of financial transparency at the IBA was flagged by the IOC, which was also a reason for the withdrawal of its recognition. The Appeal challenging the withdrawal of its recognition was dismissed by the CAS two months ago. The IOC has commented on this issue and mentioned in its statement that “as always with IBA, it is unclear where the money is coming from…”
Amidst the controversy surrounding the revocation of the IBA’s membership – the national boxing federations of the United States, Great Britain, Sweden, Germany, the Netherlands, and the Philippines had cancelled their membership in protest and formed a new international federation called ‘World Boxing’. The question which looms now is whether or not World Boxing meets the threshold to be recognised by the IOC. It will be important to ensure that by early 2025 the IOC has an international federation as a partner for the sport of boxing. As per thestatus quo, World Boxing’s presence continues to increase, especially is Asia; it currently has around 30 members, and merely needs 20 more to meet the necessary requirements.
India Wins T20 Cricket World Cup – New Era for the World of Cricket
From a thrilling India vs. Pakistan to the home team USA emerging as underdogs, the 2024 T20 Cricket World Cup had everything. This was the first time ever that the ICC 20 over format Cricket World Cup was organised in the USA and West Indies. From bouncers to boundaries, this was surely a tournament to remember. India won the final against South Africa, ending its 13-year drought in the global Cricket arena.
This was India’s second win after the inaugural T20 win in 2007. Despite Cricket being the world’s second most popular sport after Football, it is very much a novelty for the majority of Americans. In this new Cricket frenzy, investors have pumped nearly a billion dollars into building the sport in the USA. Microsoft’s CEO Satya Nadella and Adobe CEO Shantanu Narayen are amongst the many who have invested in the new league in the USA – Major League Cricket. Cricket is now officially a part of the Los Angeles Olympics 2028, marking the sport’s return to the Olympic stage after 128 years.
All Time Cricket Legend Virat Kohli Retires from T20 Cricket After Winning the World Cup
Like always, we shall be concluding the Newsletter with an interesting story! This time around, we honour the legendary modern-day cricketer, arguably the best to have ever played the sport, Virat Kohli, who has ended his T20 career with a World Cup trophy. Virat made his announcement shortly after India clinched their second T20 World Cup title in Barbados. As soon as this emotional announcement was made, other legendary cricketers such as of Indian Captain Rohit Sharma and Ravindra Jadeja also confirmed their retirement from the 20 over Cricket format. The legacy of Virat Kohli has left a mark in the Cricket universe, now paving the way for young and budding talent to emerge. Kohli was the pioneer of the aggressive nature and style of play of Indian Cricket.
Kohli’s international career began in 2008, when he donned the famous blue jersey in a One Day International (ODI) against Sri Lanka. Soon enough, Kohli rose through the ranks to become the anchor in India’s batting order. It would not be an understatement to say that Kohli has been a craftsman of the game, with one great innings after another. His ability to lead and inspire Indian Cricketers has been evident, seamlessly transitioning from domestic Cricket to International success in the so-called ‘Gentleman’s Game’.
Virat Kohli’s unique batting style, especially his world-famous square cuts and cover drives are a batting manual of their own. His batting style has been a wild combination of conventional strokes and modern aggressive gameplay, captivating people around the world with his effortless flicks and insanely beautiful pulls. Records have fallen every time Kohli took on the pitch; his records include the fastest in ODI to reach 8000, 9000, 10000, and 11000 runs, as well as getting in the most centuries in successful run-chases. He has been aptly referred to as the Chase-master. Even in the Indian Premier League (IPL), the top league of club level Cricket worldwide, Kohli holds the record for most IPL Centuries, not to mention most runs in a season by any player (973 runs in 2016).
Kohli is nothing short of a deep case study of batting in modern Cricket. Ever since Sachin Tendulkar retired from the game in 2013, Kohli, the Delhi-born player became an indisputable legend of modern-day cricket. Not simply the best batsman, Kohli became a global celebrity, a social media influencer, and above all, a true leader on and off the field.
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