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

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 had argued he fell within the “not linked to football” exception to Article 19 of FIFA’s RSTP – the rule that, in most cases, prevents clubs from signing foreign …

On Duty: A Franchisor’s Duty to Protect

Author’s Note: This article is part of an occasional series on liability issues facing the private security industry.  Two previous articles in the series addressed negligence claims for failure to protect a plaintiff against third-party attacks, specifically, the duty element of those claims.  These articles analyzed the duty owed by security guard companies and property …

On Duty: Private Security Companies and the Threshold Element of a Negligence Claim

Imagine the following hypothetical. The owner of an ice rink, where a famous figure skater trains, hires a private security company.  The owner’s main concern is that the rink has become overwhelmed with onlookers.  These crowds swell beyond the building’s capacity, exposing him to large fines for violating the town’s building code.  In addition, the …