Litigator & Counselor
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, Article 18bis of FIFA’s RSTP forbids a club from entering into any transaction that may allow the counter-club or a third party to influence “in employment and transfer-related matters …
Continue reading “Notes on Third-Party Influence: Confusion over the Level of Influence Prohibited”
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 a club from entering into any transaction that may allow the counter-club or a third party to influence “in employment and transfer-related matters [the club’s] independence, [their] policies or …
Continue reading “Notes on Third-Party Influence: Trying to Insure the Sell-on Fee”
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 and profit derived from the efforts of others. Part I can be found here. Expectation of profits As confirmed by the Supreme Court, the definition of “profit” is broad …
Continue reading “Definition of a Security: The Investment Contract (Part II)”
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 …
Continue reading “Notes on Third-Party Influence: Consent and Rivals Clauses”
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 …
Continue reading “Definition of a Security: It’s All in the Family (Resemblance Test)”
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 …
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 3270 and …
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. Part II is available here. THE RULE FINRA Rule 3270 – Outside Business Activity of Registered Persons No registered person may be an employee, independent contractor, …
Continue reading “Regulatory Analysis: FINRA Rule 3270 – Disclosure of Outside Business (Part I)”
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 …
Continue reading “Youth Soccer Clubs’ Lawsuit: The Challenge of Certifying Defendant Classes”
Terry Brennan Law 