Thought Leadership

  • FIFA Regs: The Protected Period and its Effect on the Transfer Market

    As follow-up to my earlier posts on the Diarra ruling and Viktor Gyokeres’ transfer saga, this edition will take a closer look at the “protected period” in a player’s contract.[1]   FIFA’s Regulations on the Status and Transfer of Players define this as the contract’s initial two-to-three-year stretch, when an unjustified breach will subject the player,…

  • Why the Gyokeres transfer saga is not the Diarra ruling’s moment

    Viktor Gyokeres has a problem and so far, he has not asked the landmark Diarra ruling[1] to solve it. For at least the past two transfer windows, the Swedish striker has been the market’s resident “missing piece” – the player who would complete a lucky superclub and turn their competitive dreams into reality.  So to…

  • Regulatory Analysis: FINRA Rule 2111 – Suitability

    The following is part of an occasional series on specific rules and regulations governing financial professions.  This article will analyze FINRA Rule 2111, which establishes an advisor’s duty to recommend investments that are suitable for his or her customers. Rule 2111 – Suitability (a) A member or an associated person must have a reasonable basis…

  • After Diarra: Q&A on the New Transfer Market

    It has now been almost two months since the Court of Justice for the European Union (the “CJEU”) issued Diarra.[1] The decision held that portions of FIFA’s Regulations on the Status and Transfer of Players (the “RSTP”) were inconsistent with the Treaty on the Functioning of the European Union (the “EU Treaty”).  In effect, the offending…

  • Diarra: Unpacking the Court’s Analysis

    Earlier this month, the Court of Justice for the European Union (the “CJEU”), issued its long-awaited judgment in Diarra[1] – a case that targets the core of FIFA’s transfer system.  As expected, subject to confirmation by the lower court, the CJEU struck portions of FIFA’s Regulations on the Status and Transfer of Players (the “RSTP”)…

  • The Chain Reaction that could Upend FIFA’s Transfer System

    On October 4, the Court of Justice for the European Union (“CJEU”) will announce its decision in FIFA v. BZ (“Diarra”).  Technically, the court will determine whether FIFA’s rules punishing clubs for signing players who break their previous contracts comply with European Union law. But if the CJEU answers this question in the negative, its ruling…

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