All major players in the sponsorship industry need to be up to date with opinion and advice on how to prepare contracts that maximise protection and opportunity. The time and cost of obtaining legal opinion on this and other key sponsorship issues is significant.
Many sponsors and rights holders have lost heavily because of poor legal protection. This includes paying too much for rights, failing to pay according to performance and being unable to escape contracts when the other party brings bad publicity.
Compiled by barrister, Stefan Fabien, the report features articles provided by some of Europe’s leading sports business lawyers:
Ashurst (Germany)
Bird & Bird
Cloisters
Farrer & Co
K&L; Gates
Klinkert Zindel Partner
McCormicks Solicitors
Olswang
onside law
Teacher Stern
Sports Sponsorship & the Law is a detailed analysis of the legal framework on key sports law issues and provides essential practical advice for contract preparation and sponsorship activation. The report will help sponsors, rights holders, law firms and agencies to:
• Save time spent on legal issues
• Reduce legal bills
• Maximise sponsorship performance
• Protect and leverage rights
The major subjects covered include:
Ambush marketing – what is now legally possible
Morality clauses – how sponsors can protect themselves
Incentive clauses – how to maximise impact and reduce risk
Endorsement conflict – what legal framework is needed
Termination – when should a breach trigger action?
Individual endorsements – what clauses should always be in place
Sponsor boycotts – contract changes needed to address third party actions
Report content
Sponsoring an individual athlete – some key issues for sponsors
Craig Giles, Bird & Bird
When endorsements conflict
Chris Sweeney and George Castro, Teacher Stern
Fan boycotts – how do sponsors and rights holders protect themselves?
Alastair Cotton, Farrer & Co
Morality clauses – how a sponsor can protect itself from problematic behaviour affecting its brand reputation
Warren Phelops, K&L; Gates
When is a breach sufficient to treat the sponsorship agreement as terminated?
Jonathan Crystal, Cloisters
What is ‘Ambush Marketing’ in sport and does it represent perfectly legal and normal competitive behaviour?
Jamie Singer and Adam Leadercramer, onside law
Ambush marketing vs. sponsorship values at the Olympic games
Dr André Soldner, LL.M, Ashurst
Ambush marketing vs. alternative marketing
A retrospective of the Football World Cup 2006 and 2010 and an outlook for the FIFA World Cup 2014
Dr. Thomas C. Körber, Klinkert Zindel Partner
The uncertain future of listed events and its effect on sport
Simon Bernholt and Andrew Danson, Olswang
Sports sponsorship – a review of alcohol & betting advertising in sport
Peter McCormick OBE, McCormick’s Solicitors
Zoe Ward, Liverpool Football Club
About the editor
Stefan Fabien BA LLB LLM MCIArb
Stefan Fabien is a non-practising Barrister who has a background in law and politics in both the jurisdictions of New York and London. Stefan is an avid sportsman, who merged his passion for both sport and the law, by pursuing an LLM in Sports Law at Nottingham Law School; producing a dissertation that provided an in depth analysis into the often controversial concept of ambush marketing. Stefan has also worked in the sports group of Bates, Wells & Brathwaite London LLP and has experience in a variety of sport and IP related disputes, in addition to the conduct of sports arbitrations. Stefan is a Member of the Chartered Institute of Arbitrators and currently leads the adjudication team at a dedicated dispute resolution firm in London.
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