Tuesday, April 30, 2013

Boston Business Breakfast on Sports Law this Thursday

I look forward to giving a talk at the Harvard Club in Boston this Thursday at 7:30 am.  It is for my alma mater, St. John's Prep, which I'm proud to say is also the alma mater of Notre Dame head football coach Brian Kelly (Class of 1979) and Penn State head football coach Bill O'Brien (Class of 1988).

I'll be discussing breaking issues in sports law, including the Boston Marathon bombings and the impact on stadium security.

Even if you are not an alum, but are interested in sports law, I hope you consider attending ($25/person):

Boston Business Breakfast

Michael McCann ’94 • Sports Law

  • Thursday, May 2 at 7:30 am
  • Downtown Harvard Club, 1 Federal Street
  • $25 per person
Lance Armstrong was recently interviewed by Michael McCann '94 for Armstrong's first interview since his conversation with Oprah Winfrey. Join us for a unique opportunity to hear McCann speak at the Downtown Harvard Club on Thursday, May 2 at 7:30 am. A leading expert in sports law, McCann is a tenured professor at the University of New Hampshire School of Law, where he is founder and director of the Sports and Entertainment Law Institute. He is also Sports Illustrated's legal analyst, and serves as an on-air expert on sports law matters for CNN and NBA TV.  McCann is expected to discuss his interview with Armstrong and how Armstrong can defend lawsuits, various legal issues involving the NCAA and student-athletes, and select business and legal issues impacting the NBA, NFL, MLB and NHL. He will also discuss his coverage of the Boston Marathon bombings for Sports Illustrated and WEEI, and how the bombings will affect sports security.

For more information, click here.

Academic Dorsey allowed to appeal High Court ruling


Academic Dorsey allowed to appeal High Court ruling
Ruling ordered him to disclose sources for blog post

THE Singapore appellate court has allowed local academic James Michael Dorsey to appeal a High Court ruling that ordered him to divulge his sources for a blog post that a company has claimed is defamatory of it.
Mr Dorsey, a senior fellow at Nanyang Technological University's (NTU) S Rajaratnam School of International Studies, is appealing an order by Justice Judith Prakash to name the sources that he quoted in a blog post entitled "FIFA investigates: World Cup host Qatar in the hot seat".
Justice Prakash found that his sources had "prima facie breached their duties of confidentiality" under a master rights agreement between events management firm World Sport Group (WSG) and the Asian Football Confederation (AFC), and ordered him to disclose if a copy of the agreement had been given to him.
WSG had tried to block Mr Dorsey from appealing on the grounds that "the order of the Judge giving pre-action interrogatories was not appealable".
But Chief Justice Sundaresh Menon, who delivered the grounds of decision yesterday, found that Mr Dorsey has a "right of appeal to the Court of Appeal against the order of the Judge giving pre-action interrogatories".
In ordering the appeal to be heard "on its substantive merits", CJ Menon noted that the action brought against Mr Dorsey is one purely for the discovery of information.
"This is separate and distinct from proceedings which may subsequently be commenced by the party having obtained the information. In these circumstances, it would be incorrect to treat an application to administer pre-action interrogatories as an interlocutory step in proceedings," he wrote.
"Accordingly, we conclude that an appeal against an order made on an application for leave to administer pre-action interrogatories does not come within any of the limitations prescribed in ... the Supreme Court of Judicature Act," he added.
CJ Menon also ordered WSG to pay Mr Dorsey the costs of the application, fixed at $5,000 inclusive of disbursements.
WSG, which is represented by Senior Counsel Deborah Barker of KhattarWong LLP, started pre-action discovery proceedings last year against Mr Dorsey to compel him to identify the parties responsible for publishing a confidential report by PriceWaterhouseCoopers Advisory Services, which allegedly contained statements defamatory of WSG.
The report, prepared on the instructions of the AFC and its Malaysian lawyers, reviewed transactions, accounting practices and contracts negotiated under the tenure of its former president, Mohamed Bin Hammam.
In agreeing that Mr Dorsey's article contained defamatory statements, Justice Prakash noted there was "an innuendo that (WSG) was involved in corrupt practices", including paying bribes to Mr Bin Hammam to secure the master rights agreement.
Represented by N Sreenivasan, SC, of Straits Law Practice LLC, Mr Dorsey has alleged the report is not confidential and that WSG ought to direct its planned lawsuit against AFC for "disseminating" the report. Mr Dorsey also argued that even if the contents of his article were defamatory of WSG (an allegation he has denied), they were fair comments.
Source: Business Times © Singapore Press Holdings Ltd. 
To view the judgment, click <here>.

JMD on Xinhua: AFC to elect new chief in first post-Hammam election


AFC to elect new chief in first post-Hammam election
linhao
745 words
30 April 2013
05:49
Xinhua News Agency
XNEWS
English
Copyright 2013. Xinhua News Agency. All rights reserved.
KUALA LUMPUR, April 30 (Xinhua) -- The Asian Football Confederation (AFC) this week is set to elect its new chief, who will have an uphill battle to restore the Asian football governing body' s tarnished image and reputation left by its disgraced former boss, Mohamed Bin Hammam.
Almost all candidates have promised stern actions against corruption, more transparency and better governance for the AFC in the first poll in the post-Hammam era.
Bahrain Football Association chief Shaikh Salman bin Ibrahim Al Khalifa, backed by Olympic Council of Asia (OCA) President Sheikh Ahmad Al-Fahad AL-Sabah, is widely seen as a frontrunner for the presidential race in the run-up to the AFC Extraordinary Congress to be held in Kuala Lumpur on Thursday.
He is competing with other two candidates from the Middle East -- United Arab Emirate Football chief Yousuf Al Serkal and Hafez Ibrahim Al Medlej from Saudi Arabia, as well as Thai FIFA Executive Committee member Worawi Makudi, for the AFC presidency.
Shaikh Salman is also running against Hassan Al Thawadi, a less known figure who led Qatar in winning the 2022 FIFA World Cup bid, for the FIFA executive committee seat.
Shaikh Salman is making good use of his narrow defeat in 2009 by Hammam in the election of FIFA Exco seat to position himself as a rival against the Qatari, who was banned by FIFA for life for bribery during the FIFA presidential race in 2011.
Shaikh Salman was reported as saying that he was confident to secure a two-third majority by winning 31 votes out of AFC' s 46 member associations.
He has promised a series of efforts to clean up AFC' s reputation.
However, Shaikh Salman' s own reputation is far from intact.
He is under increasing criticism recently for his role as football association chief and member of the royal family in human right abuses against players during the Bahrain' s crackdown on anti-government protest in 2011. He is also related to votes-buying allegations during the FIFA seat election in 2009.
Shaikh Salman has denied any wrongdoings.
UAE' s Al Serkal is another presidential hopeful, who publicly complains OCA' s
"interference" in the election.
Makudi is largely discredited for being a close ally to Hammam, while Hafez Ibrahim was reported earlier that he would pull out of the race in last minute before the AFC Congress.
A tight race may further rift the association. Caretaker chief Zhang Jilong has consistently called for unity.
The new AFC president will complete the Bin Hammam' s remaining two-year tenure before facing another election in 2015, casting doubt on whether he would have enough time to complete any major reforms.
James M. Dorsey, a football blogger and senior fellow at the S. Rajaratnam School of International Studies at Nanyang Technological University in Singapore, said most presidential candidates do not have a real reform agenda.
"Al-Serkal is the only candidate that has laid out a program that addresses the fundamental problems wracking the AFC, but he lacks a track record of pushing for reform," he told Xinhua.
Dorsey said AFC has not even started to recover from Hammam' s scandals.
In a letter disclosed by media before the AFC Congress, AFC general secretary Alex Soosay warned AFC' s member associations against any kind of bribery, conflicts of interests during the elections.
In the past two years, Acting AFC president Zhong Jilong, who took the rein after Hammam was banned, has tried hard to turn the regional football governing body around and successfully thwarted an attempted come-back by Hammam with the help of FIFA.
During the last AFC Executive Committee meeting his chaired as AFC chief in March, Zhang urged exco members to "restore AFC back to its health and glory" while serve as "shining examples of honesty, integrity, and transparency."
Zhang was once considered the leading figure for the presidential job, but announced that he would step aside before the nomination deadline.
Dorsey said the Chinese tried to confront AFC' s major problems, but didn' t have the leverage to take on vested interests as acting president.
"The presidential election is either not going to make a difference or could worsen things for the AFC. A defeat of Sheikh Salman by Qatar' s Hassan al-Thawadi in the battle for the FIFA Exco seat would be a step, but only a step forward," Dorsey said.

Monday, April 29, 2013

Players’ complaints overshadow Qatari attempts to project improved workers’ rights



By James M. Dorsey

Employment-related complaints by two international players, one of whom is barred from leaving Qatar, threaten to overshadow the 2022 World Cup organizing committee’s release of a charter of worker’s rights designed to fend off criticism of labor conditions in the Gulf state.

In separate interviews French-Algerian player Zahir Belounis, who is locked into a salary dispute with Al Jaish SC, the club owned by the Qatari military, and Moroccan international Abdessalam Ouadoo, who left Qatar last November to join AS Nancy-Lorraine, complained about failure to honor their contracts and pay their salaries as well as ill treatment.

The Qatar Stars League, the country’s premier league, did not respond to requests for comment.

Mr. Belounis is locked into a court battle with AL Jaish to get payment of almost two years of unpaid salary. He has been barred from leaving the country in a bid to force him to settle for faction of what is owed to him. “This is a crazy story… I cannot move around freely, I cannot work anymore, I'm 33 years old ... Who wants a player who has not played for months? Frankly, my career takes a hit,” he told Jeune Afrique.

In an interview with the BBC’s World Football, a clearly angry Mr. Ouadoo, who is owed five months’ salary, denounced the alleged refusal of Qataris to honor contracts. “The Qataris showed me no respect and I can never forgive them for that. I know that money is king but you don’t treat a man like that without paying a price,” Mr. Ouadoo said, asserting that he had been “treated like a slave.”

Mr. Ouadoo said he was barred last summer from joining his club for three weeks of training in Spain. Instead, he was forced to train in the Gulf state’s excruciating summer heat when temperatures go up to 50 degrees Celsius “just to push me to forget my rights. They did everything to discourage me…. The Qataris think they can do everything because they think money can buy anything: buildings, jazz, beautiful cars and men… Human rights are not respected. Human beings are not respected. The workers are not respected. A country that does not respect all these things should not organize the World Cup 2022,” Mr. Ouadoo said.

International players union FIFPro Africa division secretary general Stephane Burckhalter, whose group reportedly is investigating Mr. Belounis’ case, said about Mr. Ouadoo’s experience: “Nothing can justify this. These practices are shocking, unacceptable and outrageous.” Added a prominent soccer consultant: “Belounis’ case is typical for Qatar: contract then falling out of favor, then pressure to leave without being paid, passport withdrawn, etc...”

Mr. Ouadoo employed the very language the International Trade Union Confederation (ITUC) is using in a bid to persuade world soccer body FIFA to deprive Qatar of its right to host the World Cup by –re-running the December 2010 vote that awarded it to the Gulf state. The ITUC campaign follows two years of intermittent talks with Qatar with no agreement on demands that it endorse the principles of independent trade unions and collective bargaining, sensitive issues in a country in which foreign labor constitutes the vast majority of the population.

The complaints of Messrs Belounis and Ouadoo could not have come at a worse moment for Qatar. They coincided with the unveiling by Qatar’s 2022 Supreme Committee Workers’ Charter that would be binding on World Cup-related projects. The charter, a set of lofty principles, affirms the right of those working on projects “to be treated in a manner that ensures at all times their well-being, health, safety and security.”

Qatar Foundation, in a statement three days before the release of the charter, said it was working on a charter of its own and was introducing sweeping measures that “can guarantee the rights of workers at all stages of the migration cycle − from the moment they are recruited and until they are repatriated to their home countries.” It said its charter and measures were “based upon a holistic and principled approach that combines Qatari Labor Law and international best practice.”

Qatari labor law that enshrines the principle of kafala or sponsorship, under which an employee is beholden to his employer and that is at the root of the restrictions on freedom of movement that Messrs Belounis and Ouadoo experienced has long been criticized by human rights groups and is one key reason why the unions have turned on the Gulf state.

In a statement the 2022 Supreme Committee said that “our commitment is to change working conditions in order to ensure a lasting legacy of improved worker welfare. We are aware that this cannot be done overnight. But the 2022 FIFA World Cup is acting as a catalyst for improvements in this regard.” The statement said monitoring and enforcement of the committee’s charter would be key once construction of stadiums and other infrastructure begins.

Up to half a million workers were likely to be recruited for projects according to a recent estimate by Qatar labor undersecretary Hussain Al Mulla. Mr. Al Mulla appeared to be cutting back radically on earlier predictions that Qatar would be importing up to a million workers. A Bank of America Merrill Lynch research note reported that Qatar was negotiating with FIFA to reduce the number of venues for the tournament from 12 as proposed in its bid to eight or nine.

Labor conditions “is a matter of utmost importance for all those involved in the organization of the FIFA World Cup in Qatar 2022. We have always acknowledged that the current state of workers’ welfare needs to be improved. From the very beginning, we have pointed to the power of football as a tremendous catalyst for tangibly improving labor conditions in Qatar and the region at large. From day one, we have been working towards this objective with much care and great dedication to ensure that this is a key legacy of our tournament,” the committee statement said.

A committee spokesperson said in an email that “the Charter is a starting point of reference. It is important to point out that progress and developments are taking place on a daily basis in Qatar. The Charter is only one aspect of a larger mosaic of change.”

The statement described the ITUC appeal to FIFA as ‘disingenuous’ and charged that “this campaign is counterproductive and not in the spirit of collaboration.” The ITUC cited earlier the fact that it had not been consulted on the Supreme Committee’s charter as one of the reasons why it was now seeking to deprive Qatar of the hosting of the World Cup.

James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, director of the University of Würzburg’s Institute of Fan Culture, and the author of The Turbulent World of Middle East Soccer blog

NBA player comes out--Now what?

Sports Illustrated has the story of Jason Collins, a Stanford grad, 12-year NBA veteran, and current free agent (he spent the past year with the Celtics and Wizards) coming out publicly (he came out to his family last summer). Submitted without comment, other than to not that while this is not a star player in the prime of his career, it is a big step in that direction.

Saturday, April 27, 2013

"Pros or Cons" Thoughts For The Modern "Sports Attorney" - Part II

Sports Law Blog is publishing a 5-part series on the practice of sports law.  The series is co-authored by Peter Jarvis, a legal ethics and professional responsibility attorney with Hinshaw & Culbertson, LLP in Portland, Oregon and Jason Davis, a California attorney currently residing in Seattle, Washington.  These posts will appear on Saturdays.   The first one is available at this link.  Here is the second one:

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"Pros or Cons" Thoughts For The Modern "Sports Attorney"
Authored by Jason A. Davis, Esq. and Peter R. Jarvis, Esq. (all rights reserved)



(ARTICLE #2)
Home Field Advantage? (Choice of Ethics Law)

As a general proposition, an attorney who is licensed and practices only in one state will be governed by the Rules of Professional Conduct, or RPCs, of that state. When, however, an attorney is licensed in more than one state or the attorney's practice crosses state lines, the picture gets more complex. Of course, an attorney receives and maintains the ability to practice law by virtue of the licensing authority of the jurisdiction(s) in which the attorney is licensed. When the rules of the various jurisdictions are the same, this does not matter. But what if they are different? Which set(s) of ethical rules govern which of the attorney's actions?

In our first segment, we introduced Attorney Al, who is licensed in both New Jersey and New York. Which state's Rules govern Al's representation of his client Mega Star? Fortunately, RPC 8.5 of these two states are substantially similar to each other and to the equivalent ABA Model Rule. New Jersey's RPC 8.5, which is identical to ABA Model Rule 8.5, state in pertinent part:

Rule 8.5 Disciplinary Authority; Choice Of Law
(a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs. (...) A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct. (Emphasis added)

(b)(2) for [conduct not involving litigation], the rules of the jurisdiction in which the lawyer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur. (Emphasis added)

New York's Rule 8.5 varies at (2)(ii) in that if the lawyer is licensed to practice in New York “and another jurisdiction, the rules to be applied shall be the rules of the admitting jurisdiction in which the lawyer principally practices; provided, however, that if particular conduct clearly has its predominant effect in another jurisdiction in which the lawyer is licensed to practice, the rules of that jurisdiction shall be applied to that conduct.” (Emphasis added)

Depending at least in part upon Al's geographic location at the time of this work, one could theoretically pick New York, New Jersey, California or Texas as the location where most of Al's conduct in aid of the representation occurred. And looking at the location of "predominant effect" may not provide a clear answer. Is it New York, because that is where Mega now lives? In California or Texas if he signs with either of those teams? As will be noted, at least the New Jersey rule provides, as a safe harbor, that Al need only conform his conduct to the rules of a state which he reasonably believes is the state of predominant effect.

But if, say, the predominant effect is in a state in which Al is not licensed, will he be subject to discipline or prosecution for the Unauthorized Practice of Law? This topic to be continued . . .
 

Thursday, April 25, 2013

AFC election marred by interference allegations and candidates’ track records



By James M. Dorsey

Next week’s Asian Football Confederation (AFC) presidential elections designed to elect a leader to clean up two years of alleged financial mismanagement and unethical business conduct and polish the group’s tarnished image are increasingly marred by doubts that real reform is on the horizon, allegations of interference in the poll and controversy over the candidates’ track record.

The marring comes against a background of the AFC’s failure, despite efforts by reformers, to project sincerity in achieving transparency and accountability after its president, Qatari national Mohammed Bin Hammam, was banned for life from involvement in soccer because of unethical conduct in his management of the group’s finances and business affairs.

The group has failed so far to follow up on an internal PricewaterhouseCoopers (PwC) that almost a year ago recommended possible legal action against Mr. Bin Hammam and called for a review if not cancellation of the AFC’s foremost $1 billion contract to commercialize its rights.

The impression of lack of sincerity is cemented by the allegations of political interference and fears of bribery in the campaign of some candidates, a majority of which are tainted by their past association with Mr. Bin Hammam, as well as past allegations of wrongdoing as in the case of Worawi Makdudi of Thailand which he has successfully refuted and in Sheikh Salman’s failed 2009 election campaign in which he was defeated by Mr. Bin Hammam.

Sheikh Salman faces moreover assertions that his office identified athletes, including players for the Bahrain nation soccer team, who were arrested for their participation in anti-government protests, tortured and charged. Sheikh Salman has also been criticized for the fact that he has refused to denounce these alleged abuses of human rights.

The allegations of interference in the election are bolstered by the fact that three of the four candidates – Yousuf al Serkal of the United Arab Emirates, Sheikh Salman bin Ibrahim Al Khalifa and Hafez Al Medlej of Saudi Arabia – hail from the Middle East. Alliances and active support for the front runners, Sheikh Salman and Mr. Al Serkal, mirror the political line-up of Gulf states.

Kuwait publicly backs the Bahraini candidate, a reflection of the two countries frequent policy alignment with Saudi Arabia, versus the perceived Qatari backing for Mr. Al Serkal that groups the two states who often follow a more independent course. 

Mr. Al Medlej, who has hinted that he may withdraw at the last minute, does not seem to have significant backing even from his own government. While his Gulf competitors were on the campaign trail in private planes, Mr. Medlej said he only recently had money for his campaign deposited in his account.

Besides campaigning for the AFC presidency, Sheikh Salman is competing with Qatar’s Hassan al-Thawadi for filling Mr Bin Hammam’s seat on the executive committee of world soccer body FIFA.

Sources close to the AFC argue that the new president, who will be in office for less than two years to complete the term of Mr. Bin Hammam, will have little time for reform. As a result, they say Asian political and soccer leaders are focused on the 2015 election. “It takes six months to settle into office, six months to consolidate and then he’ll have six months to campaign,” said one source.


The focus on 2015 explains why the Gulf has fielded three rather than one candidate. “It would have taken one call from the king of Saudi Arabia for the Emirati and other Gulf candidates to pull out. They could have played if they had wanted to play,” the source said. Saudi media quoted the country’s sports czar, Prince Nawaf bin Feisal, as predicting this week that a Saudi national would head the AFC two years from now.

Nevertheless, politics is impacting next week’s election. It hardly helps the AFC’s image that the public campaign of front runner Sheikh Salman has in the recent weeks been dominated by defense of his record during the brutal squashing two years ago of a popular uprising in Bahrain.

The allegations of interference in the election center on the endorsement of Sheikh Salman by the Olympic Council of Asia (OCA) headed by former Kuwaiti government minister, Sheikh Ahmad Al-Fahad Al-Ahmed Al-Sabah. Messrs Al Serkal and Al Medlej have denounced the OCA’s support as interference in the election.

The OCA was reported to have offered in Sheikh Salman’s failed 2009 campaign several AFC members financial incentives if they voted for him. News reports said OAC officials have accompanied Sheikh Salman on several of his current campaign stops in Asia.

Inside World Football, citing its own sources and Reuters, reported further that the OCA had built domestic pressure in China to persuade acting AFC President Zhang Jilong to drop his plans to run for office. Mr. Jilong, who headed the AFC’s finance committee under Mr. Bin Hammam, emerged as one of the Qatari’s strongest critics and initiated last year’s PwC audit. He was described as ash-faced when he announced several months ago at a private meeting the he was not a candidate in the AFC election.

Inside World Football further disclosed this week a letter by AFC general secretary Dato' Alex Soosay to the group’s 46 member associations asking them to remember their "ethical obligations" when casting their vote. The letter warned against "offering and accepting gifts and benefits; bribery; and conflicts of interests." Mr. Soosay went on to note that “it is the duty and obligation of the Confederation to prevent the introduction of improper methods and practices which might jeopardize the integrity of, or give rise to, the abuse of football…”

Sheikh Salman, a member of the Bahraini royal family, has denounced allegations that his office assisted in abuse of human rights as a “clear attempt to damage my personal reputation and to interfere with the AFC presidential elections.”

He has stopped short of parroting statements by the government that protesters demanding greater freedom and rights were instigated by Iran described by a Bahrain expert in the corridors of a recent conference in Manama as delusional. The government this weekend denounced thousands of protesters who exploited the Formula One Grand Prix to showcase their grievances as “terrorists.”

Bahrain this week accused the US State Department of “fuelling terror and terrorists” by charging in a report on Bahrain that "the most serious human rights problems included citizens' inability to change their government peacefully; arrest and detention of protesters on vague charges, in some cases leading to their torture in detention." The report criticized the "lack of due process in trials of political and human rights activists, medical personnel, teachers, and students, with some resulting in harsh sentences." It claimed that "discrimination on the basis of gender, religion, nationality, and sect persisted, especially against the Shia population" which makes up a majority in Bahrain, ruled by the Sunni Al-Khalifa dynasty.

In a letter this week to AFC members, Americans for Democracy and Human Rights in Bahrain (ADHRB) said that "in the two years since the uprising began, life has been anything but normal for Bahrain's football players. The actions taken against Bahrain's football players by the Bahrain Football Association, led by Sheikh Al-Khalifa, are hardly credible, are devoid of integrity, and fail to respect the personal rights of the players. As leader of the organization that led such abuses, Sheikh Al-Khalifa bears responsibility for what was done to these players. Yet, in response to recent questions about the arrest, detention, and abuse of Bahrain's football players, Sheikh Al-Khalifa abdicated any personal responsibility for the abuse. Sheikh Al-Khalifa's actions and attitude evidence a clear incompatibility with the AFC Code of Ethics.”

With the election shaping up as a close battle between Sheikh Salman and Mr. Al Serkal, the Emirati has emerged as the candidate with the most far-reaching program for reform of the AFC. He has nonetheless yet to convince proponents of reform that he would actually walk the talk. They note that his record as an AFC executive committee member under Mr. Bin Hammam does not serve as a credential.  

Mr. Al Serkal has promised to publish “all allowances and benefits given to me by the confederation, and expenditure incurred by my office,” establish a whistle-blower hotline to encourage the exposure of wrongdoing, make all the AFC’s commercial contracts available to its members for scrutiny, and hire auditors to look at current agreements.”

At the bottom line, the AFC has so far lacked the political will to tackle many of the same issues that also confront  FIFA which like the Asian and other regional soccer bodies have been scarred by years of scandal.

A study by three graduates of Ohio University's Sports Administration program laid out what needs to be done in FIFA that also apply to the AFC. Their recommendations, include enhanced financial governance and anti-corruption controls, a state-of-the-art anti-corruption compliance program, transformation of the ethics committee into an independent investigative body, establishment of a committee to determine executives’ and senior staffs’ salaries and benefits, creation of an election campaign finance system that bars private funding, and limitations on executives’ terms in office.”

“It is all up to the AFC Congress. The problem is some members follow certain people’s suggestions,” said one source close to the AFC.

James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, director of the University of Würzburg’s Institute of Fan Culture, and the author of The Turbulent World of Middle East Soccer blog

Saturday, April 20, 2013

Egyptian soccer TV rights aim to alleviate financial crisis


Soccer protests in Bizerte
By James M. Dorsey

The Egyptian Football Association (EFA) hopes to raise at least $17 million in an auction this week of the premier league’s television broadcast rights for clubs financially strapped by two years of political strife that has seen soccer suspended for much of that period and fans banned from attending matches.

Egypt’s Satellite Broadcasting Commission headed by the chairman of crowned Cairo club Al Zamalek SC,  Mamduh Abbas, has set EGP 120 million ($17.3 million) as the starting price of the auction that does not include radio broadcast rights and gives the winner the ability to parcel out segments of the league to different broadcasters.

The targeted price for television broadcast rights constitutes a multiple of the $2.6 million paid by Qatar’s state-run Al Jazeera network in late 2011. It was not immediately clear whether Al Jazeera would bid again for the rights that fit into its building of a significant sports franchise that includes the rights for 23 countries to the 2018 and 2022 World Cups as well as to France’s top league and the launch of a sports channel in the United States.

In a world in which top European clubs like Manchester United, Real Madrid and FC Barcelona have become global brands, Egypt boasts some of the Middle East and North Africa’s most popular teams, including Zamalek and its arch rival Al Ahli SC that is believed to have a fan base of 50 million.
Al Jazeera’s drawback in the short term is that Egyptian matches have until now also been broadcast on free-to-air channels in a country where cable television penetration remains low.

In a bid to give the winner of the auction confidence that he will not run afoul of the Egyptian Television and Radio Broadcasting Union, which controls all broadcast satellite uplinks, broadcast matches will display the union’s emblem.

A successful auction would give a badly needed financial boost to clubs that are financially troubled and have often been unable to pay players as a result of Egypt’s political volatility since mass protests first erupted in early 2011 that toppled president Hosni Mubarak.

Al Ahli along with five other premier league clubs -- Haras El-Hodoud, Ittihad El-Shorta, Bani Swaif Telephones, Arab Contractors and El-Dakhleya – withdrew this month from the Egypt Cup because they could not raise sufficient sponsorship.

Soccer has been at the core of more than two years of protests with militant soccer fans playing a key role and the death of more than 70 Al Ahli fans in a politically loaded brawl in February of last year in the Suez Canal city of Port Said.

The volatility remains as Egypt’s struggles to find a political balance and fans barred from both domestic and international matches after a year-long suspension of professional soccer in the wake of Port Said, the worst incident in Egyptian sports history, was lifted earlier this year.

The ban was earlier this month expanded from domestic to international matches as a result of several incidents including a display by Al Ahli fans during a match against Kenya’s Tusker FC in which they blamed Egypt’s former top military commander, Field Marshal Mohamed Hussein Tantawi, who was the country’s de facto ruler at the time of the Port Said brawl, for the incident.

Angry Zamalek fans blocked the entry to the sports ministry earlier this week with a banner that read:  "The stand is closed on the orders of the ministry and the ministry is closed on the orders of the stand."

Egyptian national team coach Bob Bradley cautioned that "a football match without spectators has no soul. Any footballer who has played in an empty stadium will confirm what an eerie, silent experience it is."

With soccer fan activism not limited to Egypt, Al Ahli meets this weekend in an African Champions League match Tunisia’s CA Bizerte, a club whose fans this week fought pitches battles with security forces this week after their team was disqualified from the domestic league as a result of alleged match-fixing. The fans attacked banks and shops and hurled rocks at police who fired tear gas in response.

Fan fury was sparked by a Tunisian Football Association decision to allow Club Africain rather than Bizerte to compete for the domestic title against Esperance Sportieve du Tunis, despite both teams coming second in their group with the same number of points. Club Africain and Esperance are Tunisia’s richest and two most popular teams.

The Tunisian club announced on Tuesday that it was withdrawing from the CAF Champions League in protest at Monday's decision in favor of Tunisia's two richest and most popular teams.

Bizerte initially said it would withdraw from the African tournament but then reversed its decision.

James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies, director of the University of Würzburg’s Institute of Fan Culture, and the author of The Turbulent World of Middle East Soccer blog

"Pros or Cons" Thoughts For the Modern "Sports Attorney" - Part I

Sports Law Blog will be publishing a 5-part series on the practice of sports law.  The series is co-authored by Peter Jarvis, a legal ethics and professional responsibility attorney with Hinshaw & Culbertson, LLP in Portland, Oregon and Jason Davis, a California attorney currently residing in Seattle, Washington.  These posts will appear on Saturdays.  Here is the first one:

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"Pros or Cons" Thoughts For The Modern "Sports Attorney"
Authored by Jason A. Davis, Esq. and Peter R. Jarvis, Esq. (all rights reserved)

Being a "sports attorney," in today's national professional sports scene can be a precarious balance of seeking the best advantage for your client, while ensuring that you maintain your sworn obligations as a licensed attorney. All attorneys owe ethical obligations, which are enforced by the state bar association(s) or the judicial system(s) in jurisdictions in which the attorney is licensed. In addition, some governmental agencies have their own rules and many civil and criminal statutes apply to lawyers. Just as in any sport, the most spectacular play can be overturned and players sanctioned or sent off the field if there was an infraction of the rules.

In the following series of articles, constituting four additional installments, we would like to highlight specific areas of concern that an attorney who serves a professional athlete/entertainer on a national scale may encounter. We hope to start the conversation that will lead to an enlightened approach of balancing responsibilities owed to the profession and the client.

To set the playing field, consider the following hypothetical:

Mega Star currently resides in New York and plays professional football for the Big Bruisers, and he has a long-standing relationship with Attorney Al, who is licensed in both New Jersey and New York. Mega's contract with the Big Bruisers is set to expire at the end of the season. With the end of Mega's career in the foreseeable future, he wants his next (and possibly the final) contract signing to be as lucrative as possible. Two other teams are trying to sign Mega for next season. One team is located in California, and the other in Texas. Mega also wants to start a motivational speaking business -- on the side for now but as a full-time endeavor after his professional career ends.

Mega asks Al to (1) negotiate possible contracts with (a) the California team, (b) the Texas team, (2) analyze possible state and federal tax implications of each. In addition, Mega wants Al to (3) organize a motivational speaking business and file the articles of incorporation in Delaware, and (4) review and advise him on a real estate purchase for a vacation home in Florida.

Over the next four installments, we will cover the common ethical obligations as it pertains to an attorney who practices on a national level. More specifically, we will cover questions concerning which jurisdiction's ethical rules may or do apply and the unauthorized practice of law.

Tune in next time to see how Al could/should ethically respond to Mega's requests.

--Jason A. Davis & Peter R. Jarvis