Governance

Subscribe to Governance RSS Feed

Preserving Fair Competition in Esports: How Should We View the Lifetime Ban Handed Out to Shyshko?

Introduction and Background In its statement published at the end of last year regarding the disciplinary action taken against Alexey Shyshko, the Esports Integrity Commission (ESIC) pronounced that Shyshko’s actions had “tarnished the reputation of esports as a whole” and “threatened the very foundation of fair competition in esports”.[1]  ESIC’s public statement accompanied a lifetime … Continue Reading

Name, Image & Likeness: New Class Action Could Determine Whether NIL Activities Are Subject To US Federal Law Prohibiting Sex Discrimination In Education

Women’s sports are on the rise, and so are the conversations regarding Name, Image, and Likeness (“NIL”) in connection with women athletes.  NIL activities have created an exciting new area for college athletes, and with that the importance of equity in opportunities and support for women’s teams.  The legal framework of NIL is evolving on … Continue Reading

How Artificial Intelligence is Changing the Game of Professional Sports

Our sister blog, Global IP & Technology Law previously reported that artificial intelligence (“AI”) is changing the landscape of all aspects of our modern economy. The world of professional sports is no exception. Emerging technologies are transforming the games we know and love. From player recruitment to athlete recovery, AI’s integration into sports is opening … Continue Reading

All I Want for Christmas is Effective Sports Governance

At the start of this year, following his appointment as Chair of the UK’s Department for Culture, Media, and Sport (“DCMS”), Damian Green MP put sports governance firmly on the agenda. This commitment came after the publication of the Whyte Review in June 2022 (the “Review“), which was an independent report into allegations of mistreatment … Continue Reading

Faster, higher, stronger. But also more global, sustainable and appealing to youth. A brief overview of how new sports are added to the Olympic Games programme.

For the first time in 128 years, cricket returns to the Olympics when it will feature at the Los Angeles 2028 Olympic Games (“LA28“). It has been a long leave of absence for the sport, which last featured at the 1900 Olympics in Paris, when Great Britain secured the gold medal against the host nation … Continue Reading

Tackling Online Abuse In Sport: The UK’s Online Safety Act 2023

After years in the making, the Online Safety Act (the “OSA”) has come into force after receiving Royal Assent on 26 October 2023 (as discussed in our blog here). Amidst the proliferation of social media use, there has been a worrying increase in the levels of abuse that players, athletes, officials, managers, coaches and other … Continue Reading

Kicking Off the Discussion on the Future of Women’s Football

Women’s football is firmly in the spotlight this summer.  Following a record-breaking domestic season, where viewership and live audiences for the Women’s Super League (WSL) hit an all time high, the expanded World Cup format is showcasing the ever-increasing quality and strength in depth of the women’s game.  Despite a faltering build up for the … Continue Reading

Women’s Sports on the Rise

The 2023 NCAA Division I Women’s Basketball national championship averaged 9.9 million viewers, becoming the most-watched women’s college basketball game and ESPN platforms’ most-viewed college basketball game (men’s or women’s) on record, and it was not even playing in a prime-time slot. This shows a tidal shift in the interest and growing opportunity in women’s sports, and … Continue Reading

How Schools and Private Entities Have Engaged in NIL Activity

Now that a regulatory framework is in place, either by way of the NCAA’s interim policy or through the various state laws discussed in the second iteration of this blog series, academic institutions and private entities, such as alumni and companies, have quickly engaged in the NIL space. This final post of our three-part blog … Continue Reading

How US Federal and State Legislatures Have Addressed NIL

As discussed in part one of this blog series, the landmark decision by the United States Supreme Court in the Alston case effectively paved the way for collegiate athletes to profit from their own name, image, and likeness (“NIL”). While many states quickly enacted legislation addressing NIL, it remains to be seen whether and how … Continue Reading

Name, Image, and Likeness in US College Athletics: One Year Later

In the United States, college athletics are as popular as professional sports, generating revenues of over $1 billion for the 2021 fiscal year. Despite this popularity, college athletes have long been classified by the National Collegiate Athletic Association (“NCAA”) as having amateur status. The NCAA—which promulgates the rules and regulations pertaining to student-athletes’ participation and … Continue Reading

Disqualified For Technical Breach Despite No Advantage: The Cautionary Tale Of A Rally Driver

This article was written for and first published by LawInSport. While nearly all of the column inches relating to recent FIA stewarding decisions have (unsurprisingly) focused on the fall out of the ‘Hamilton v Verstappen’ F1 2021 season finale, an interesting recent decision1 in the FIA World Rally Championship (WRC3)2 underlines just how impactful decisions in the fast-paced world of … Continue Reading

The FA v Marc Bola

On 3 September 2021, The FA announced that Marc Bola (“the Player”), of Middlesbrough FC, had been charged with misconduct for an alleged Aggravated Breach of the FA Rules, 2021/2022 (“the 2022 Rules”), rules E3.1 and E3.2 (“the Charge”). The Charge related to a Tweet the Player posted from his Twitter account on 14 April … Continue Reading

The Low-Down on FIFA’s New Player Loan Regulations

Big money permanent transfers are usually the headline grabbers but there have been some significant loan moves this window… Tanguy Ndombele from Tottenham to Lyon, Adama Traoré from Wolverhampton Wanderers to Barcelona, Antony Martial from Manchester United to Sevilla, and Aaron Ramsey from Juventus to Rangers, to name just a few of the international loan … Continue Reading

What’s next for European sports governance and how will it address its current challenges?

Sports governance became a hot topic within Europe in 2021, particularly in light of the proposed establishment of new competitions, particular football club takeovers, and financial fair play matters, as well as the challenges posed by the Covid 19 pandemic to sport’s sustainability. The ‘specificity of sport’ was recognised by the amended Treaty of the … Continue Reading

FIFA takes decisive action in strengthening women’s employment rights

In November, FIFA announced that its Stakeholders Committee (the “FSC”) had approved reforms aimed at strengthening employment rights for female players. These reforms offer necessary protections, such as guaranteed maternity leave, to all female football players playing for a club that is regulated by FIFA. At this stage the changes are only ‘proposed’, but they … Continue Reading

Nikolay Bodurov vs Esteghlal: FIFA DRC considers ‘force majeure’ effect of COVID-19

Following the near global suspension of football activity, many clubs were put in the unfortunate position of being unable to satisfy their existing contractual obligations as significant revenue streams from gate receipts, sponsorship and broadcast were all severely impacted. FIFA has recently published a decision which concerns the extent to which the global pandemic has … Continue Reading

Game-changer: following the developments in elite women’s rugby

Back in June, Sport Shorts considered the premature conclusion of the Premier 15s season, which was rendered null and void as a result of the Covid-19 pandemic. Following a near seven month period without any rugby for the elite of the women’s game, the newly branded 2020/21 Allianz Premier 15s campaign got underway on 10 … Continue Reading

Five Stars to the NBA: A Successful Bubble

Congratulations to the Los Angeles Lakers who won their 17th NBA championship on Sunday night after beating the Miami Heat 4-2 in an entertaining series. After an incredibly challenging and unprecedented season, the LA Lakers were crowned champions. The NBA, and Commissioner Adam Silver, have pulled off a meticulously executed project, which has been an … Continue Reading

Preparing the Pitch – England’s Return to Grassroots Football

On July 18, the English Football Association (the “FA”) announced plans for a ‘phased return’ to the pitch. For our American readers, the FA (formed in 1863) is the oldest football association in the world. It is responsible for overseeing all aspects of the amateur and professional game in its territory, which includes England and … Continue Reading

FIFA announces changes to the transfer window

Sports Shorts previously commented on the FIFA guidelines that were recently published to address some of the practical issues that arose as a consequence of the COVID-19 crisis. FIFA has now published temporary amendments to its FIFA Regulations on the Status and Transfer of Players (“RSTP“), which are binding. FIFA also published recommendations in response … Continue Reading

Are Digital Health Passports the Key to Unlocking UK Stadiums? The data privacy perspective

The ban on mass gatherings in order to combat the spread of COVID-19 resulted in the cancellation or postponement of sporting fixtures and live events globally. This includes the English Premier League that had to postpone all fixtures following the lockdown. On 10 May 2020, Boris Johnson announced that, as part of the UK government’s … Continue Reading
LexBlog