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Sports Q&A - Changes to FIFA's intermediary regulations - What do I need to know?
01 May 2019In this month’s Q&A, we take a look at the new and more stringent intermediary regulations which are being proposed by FIFA.
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Sports Q&A - What are the key terms to be aware of when preparing and negotiating Heads of Terms in lease transactions?
01 April 2019Here we look at some of the key things to be aware of with regards to heads of terms (HoTs) in commercial lease transactions, such as taking new office space or granting a lease of space in a stadium, and why HOTs are so important.
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"Play the whistle!" - Whistleblowing in Ireland
26 March 2019It seems that the FAI does not just have to worry about the results on the pitch as the qualification campaign for Euro 2020 kicks off, or the fact that they owed their CEO a significant sum of money (while also paying his rent) some time ago.
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Sports Q&A - What does the CMA's latest guidance on influencers mean for athletes?
15 March 2019This month's Q&A examines the CMA’s recent guidance on the hoops which influencers need to jump through to ensure their fans are aware when their content is in fact advertising, and what this means for athletes.
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Artificial Intelligence: The New Driving Force Behind Sports Performance and Entertainment
13 February 2019If I was to raise the topic of “artificial intelligence” in football, you’d be forgiven for thinking I was referring to Joey Barton’s decision to enrol as a philosophy student at Roehampton University back in 2013. But not so – last month it was announced that London-based non-league club, Wingate & Finchley FC, have employed football’s very first ‘AI coach’.
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The use of mediation in sports disputes
25 January 2019With sports disputes being on the increase, it is becoming more important for parties to consider using alternative means to resolve disputes instead of the more traditional route of proceeding to arbitration or court proceedings. Mediation is commonly used to resolve commercial disputes but with sports disputes, it is not used as often despite its many benefits.
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Sports Q&A - What are your top five legal tips for the transfer window?
25 January 2019Whether you’re a junior lawyer whose recently started work in a football club or are just a fan who wants to know what legal issues might be holding up a deal to get a player signed, this month's Q+A on the top five legal tips for the transfer window should be of interest.
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Court of Appeal finds no litigation privilege in internal emails discussing commercial settlement of dispute
09 January 2019The Court of Appeal has allowed an appeal by West Ham football club in its application to inspect certain emails sent internally amongst board members of E20 Stadium LLP (“E20”) and between E20’s board members and stakeholders, in respect of which E20 asserted litigation privilege. The emails were created with the dominant purpose of discussing the commercial settlement of E20’s dispute with West Ham over the club’s rights to use the London Olympic Stadium when litigation was in contemplation. The Court held that litigation privilege does not extend to documents concerned with the settlement or avoidance of litigation where the documents neither: (a) seek advice or information for the purpose of conducting litigation; nor (b) reveal the nature of such advice or information.
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Sports Q&A – Privilege in internal investigations
18 December 2018We sometimes need to conduct internal investigations, which can often relate to quite sensitive matters (which we would prefer not to be made public). However, I’ve heard that the content of these investigations is not always privileged. How does privilege work in internal investigations and do you have any tips about how to preserve it?
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Sports Q&A - How might Brexit affect sports immigration?
28 November 2018As things stand, the UK will leave the EU on 29 March 2019. The UK will adopt a new immigration system post-Brexit, under which free movement of European nationals and their family members will cease. There will be a period of transition until the end of 2020, during which free movement will continue, and a new “settlement scheme” will be rolled out for European migrants. Free movement will end completely from January 2021. All British businesses will be affected by these changes. However, Brexit poses some particular challenges to the sports sector.
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Sports Q&A - Are the new guidelines on influencer marketing relevant to Sport?
01 November 2018The requirement for influencers to use #Ad to ensure their promotion of brand partners on social media are clearly identified as advertising is not new. However recent guidelines issued jointly by the relevant regulators is a sharp reminder that they’re taking this seriously.
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Alex Kelham comments for City A.M: 'Why has Colin Kaepernick filed a trade mark of his image?'
30 October 2018In an article for City A.M, Alex Kelham comments on former San Francisco 49ers quarterback Kaepernick seeking to protect his assets by filing a trade mark in the US and discusses athletes' efforts to protect their personal brands.
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Sports Q&A - Are clubs allowed to ban their players from using social media?
27 September 2018This month’s question was inspired by comments from Manchester City boss, Pep Guardiola, about his first choice left back, Benjamin Mendy. During a press conference over the summer, Guardiola suggested that Mendy should, “forget a little bit the social media and improve a few things”. Mendy, who has a huge following on both Instagram and Twitter, vowed to “listen to the manager”...though he remains incredibly active online.
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Sports Q&A - EU trade marks post-Brexit
03 September 2018We hold registered EU trade marks to protect our tournament name and logos. Post-Brexit will we still have protection in the UK?
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Sports Q&A – Maternity leave and equal opportunities
31 July 2018Was it fair for Serena Williams to be seeded at Wimbledon?
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Sports Q&A – Corporate governance - key things to know
29 June 2018I’m taking on an in-house role with a professional sports team and will have responsibility for ensuring the board meets its corporate governance requirements. What are some of the key things I should know?
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Sports Q&A – Political and religious views of sports stars - balancing contractual restrictions with human rights
01 June 2018Sports personalities are often subject to sporting rules that restrict their ability to make political statements or promote religious ideology when competing. Furthermore, contractual provisions can also mean that statements made in their personal capacity while off duty, for example on social media, can lead to disciplinary action or worse. Can such restrictions be challenged on the basis of human rights? Does it make a difference if the athlete genuinely holds the views (e.g. because of religious or cultural beliefs)?
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Sports Q&A – We store medical and biometric data of our athletes, what will GDPR and the UK Data Protection Bill mean for this?
26 April 2018The GDPR, which comes into force on 25 May 2018, imposes more onerous requirements when processing (including storing) ‘special categories’ of personal data, which includes ‘data concerning health’ and ‘biometric data’. The processing of ‘special’ personal data is prohibited unless the data controller can show that an exception applies.
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Alex Kelham comments for Sports Market Intelligence: The lion's share: Premier League v UKIP
13 October 2017Alex Kelham’s article has been published in SportCal which discusses the new UKIP lion (logo) and its possible trade mark infringement on The Premier League.
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Brands and IP newsnotes - issue 6
12 October 2017Welcome to the 6th edition of our Brands & IP newsnotes put together to bring you the latest, and most interesting legal developments affecting intellectual property law. In this issue we cover; battlegrounds on Amazon listings, whether prestigious brands can prevent their resellers from selling online, the EU's position paper on IP rights, an quick guide on rights for designs, and trade mark infringements.