Escape Room: Young MLS Signings and the Contracts that (May) Bind Them

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. Recently, Major League Soccer has signed several players under age 18 to lengthy (five-to-seven years) professional contracts.  While these contract terms exceed the maximum FIFA allows …

Will MLS’ (Contract) Options Remain Open

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. This article was first posted on March 9, 2018 (on Medium). It has undergone minor edits for clarity. In January 2018, Canadian striker Cyle Larin completed …

Regulatory Analysis: FINRA Rule 3280 – Private Securities Transactions

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. The following is part of an occasional series on specific rules and regulations governing financial professions.  This article will analyze FINRA Rule 3280, which governs (and …

Notes on Article 19: In pursuit of a more coherent standard

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. In late 2021, the Court of Arbitration for Sport denied 15-year-old American David Kelley’s[1] attempt to sign with Fehervar, one of Hungary’s top clubs.  The player …

Notes on Third-Party Influence: Confusion over the Level of Influence Prohibited

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. The following is another article in my series on third-party influence.  Previous articles in the series can be found, here, here, and here.     Once again, …

Notes on Third-Party Influence: Trying to Insure the Sell-on Fee

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. This article is part of a series on FIFA’s enforcement of Article 18bis in its Rules on the Status and Transfer of Players.  This rule forbids …

Notes on Third-Party Influence: Penalties vs. Bonuses

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. There is a subset of third-party influence cases that turn on a confusing distinction between penalty and bonus clauses.  Usually, the debate arises in the context …

Definition of a Security: The Investment Contract (Part II)

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. The following is Part II of my article on investment contracts.  It will analyze the final two elements of the Howey Test: The expectation of profit …

Definition of a Security: The Investment Contract (Part I)

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. This article is the second in an occasional series on the definition of a “security.”  As I explained previously, when a financial instrument qualifies as a …

Notes on Third-Party Influence: Consent and Rivals Clauses

Important Announcement! Terry Brennan Law is now a part of Bedard Law Group, P.C. in Duluth, GA. Please visit us and learn more about our law firm and services. FIFA’s Regulations on the Status and Transfer of Players include two provisions that restrict third-party influence on clubs: Article 18bis, which limits influence from other clubs, …