Notes on Third-Party Influence: Consent and Rivals Clauses

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, and Article 18ter, which limits influence from outside entities.  Through FIFA’s enforcement, these two rules have matured into a thick body of law – one that covers almost any …

Definition of a Security: It’s All in the Family (Resemblance Test)

This article is the first in an occasional series on the definition of a “security.”  The answer is important.  When a financial instrument qualifies as a security, it unlocks a set of laws and regulations that would not otherwise apply.  These include two statutes that are discussed extensively below: the Securities Act of 1933 and …

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 …

Regulatory Analysis: FINRA Rule 3270 – Disclosure of Outside Business Activity (Part II)

Author’s Note: This article is part of an occasional series on specific rules and regulations governing financial professions.  It is also the second in a multi-part analysis of FINRA Rule 3270.  Part II will analyze portions of the rule’s text that were not discussed in Part I, examine the content required for a notice under …

Regulatory Analysis: FINRA Rule 3270 – Disclosure of Outside Business (Part I)

Author’s Note: This article is part of an occasional series on specific rules and regulations governing financial professions.  It is also the first in a multi-part analysis of FINRA Rule 3270. THE RULE FINRA Rule 3270 – Outside Business Activity of Registered Persons No registered person may be an employee, independent contractor, sole proprietor, officer, …

Youth Soccer Clubs’ Lawsuit: The Challenge of Certifying Defendant Classes

NOTE: This article has been modified from an earlier version, published in August 2016.  In a March 29, 2017 order, the United States District Court for the Eastern District of Texas dismissed the featured lawsuit on jurisdictional grounds.  Nonetheless, the ruling does not change the article’s analysis of defendant class certification. In July 2016, the …