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”) …
Tag Archives: litigation
Foreign Clubs Turn MLS Money into Real Money
Earlier this year, FIFA’s Dispute Resolution Chamber decided two cases that may complicate MLS’ life. In each case, a DRC panel ruled the league must pay solidarity when one MLS team transfers a player to another MLS team for general allocation money (“GAM”) – a currency that only exists within the league. This could force …
Continue reading “Foreign Clubs Turn MLS Money into Real Money”
David Datro Fofana: From Abidjan to Chelsea and the Fight In Between
From start to finish, Chelsea drove the story of 2023’s winter transfer window. Like many a good story, this one was well-organized. It began in north, where Chelsea spent €12M to purchase emerging striker David Datro Fofana from Norway’s Molde and flowed downstream to its conclusion in the south, where they handed Benfica €121M for …
Continue reading “David Datro Fofana: From Abidjan to Chelsea and the Fight In Between”
Escape Room: Young MLS Signings and the Contracts that (May) Bind Them
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 for under 18 players, the contracts are likely valid under US laws. This article discusses creative solutions these players may have to free themselves from their long contracts. On …
Continue reading “Escape Room: Young MLS Signings and the Contracts that (May) Bind Them”
Regulatory Analysis: FINRA Rule 3280 – Private Securities Transactions
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 limits) private securities transactions by persons associated with a FINRA member (“associated persons” or “representatives”). In general, the rule forbids representatives from participating in private securities transactions unless they …
Continue reading “Regulatory Analysis: FINRA Rule 3280 – Private Securities Transactions”
Notes on Third-Party Influence: Confusion over the Level of Influence Prohibited
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”
Notes on Third-Party Influence: Trying to Insure the Sell-on Fee
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”
Definition of a Security: The Investment Contract (Part II)
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)”
Definition of a Security: The Investment Contract (Part I)
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 “security,” it becomes subject to an extensive apparatus of securities regulation. The most notable of this group are the Securities Act of 1933 and the Securities Exchange Act of …
Continue reading “Definition of a Security: The Investment Contract (Part I)”
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 …
Terry Brennan Law 