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Sports Law

Proud Member of the Sports Law Association

Proud Member of the Sports Law Association

Professional sports have evolved into big business. As a result, international sports law has become a very specific and complex legal field that requires a qualified sports law attorney.

MONTEBLANC& ASSOCIATES provides clients with innovative strategies for complex legal matters and cases requiring sports law specialists. Our attorneys and sports consultants assist higher education, Olympic, amateur, professional and corporate clients with addressing sports-related legal, compliance, regulatory and administrative issues. Our areas of practice include but are not limited to: Olympic Committee compliance and investigations; first, second and third division soccer association compliance and investigations; risk management; sports drug testing; sports dispute resolution and arbitration; WADA cases, Sports contract drafting and review.

SERVICE AREAS

We have divided our Sports Law Services into two distinct areas: Counsel and Dispute Resolution.

COUNSEL:

Our team is in a position to advise you on all matters directly or indirectly related and inherent Sports Law. These may be:

  • Negotiations on behalf of clients to secure best deal possible.
  • Drafting and review of Sports contracts in the following fields:
    • Labor Law
    • Transfer of Players
    • Athlete Image Rights
    • Sports Agents
    • Sports Sponsoring
    • Sports Marketing
    • Athlete Audit & Visual Rights
    • Athlete Client Investment
    • Marketing, promotions, privacy, sponsorship, domain name, social media, and other intellectual property matters
    • Brand protection for professional athlete clients in all of their personal, professional, and charitable endeavors, including endorsement, domain name, social media, trademark, corporate, trust and estates, tax, charitable foundation, and litigation matters
  • Drafting of expert opinions
  • Drafting of statutes and regulations for federations
  • Advice and defense of athletes before the anti-doping bodies of national and international sports federations and the Court of Arbitration for Sports.
  • General legal advice regarding:
    • Training compensation and solidarity contribution
    • Specific contractual situations
    • The South American Football Confederation (CONMEBOL)
    • Licensing matters at national and CONMEBOL level

Sports Law 3

DISPUTE RESOLUTION:

We are able trepresent our clients in arbitration procedures and before sports federation bodies such as:

  • The Court of Arbitration for Sport (TAS/CAS)
  • FIFA Player’s Status Committee and Dispute Resolution Chamber
  • FIFA Disciplinary Committee
  • CONMEBOL and FPF Control and Disciplinary Body
  • Ad hoc arbitration tribunals

The line between sports and entertainment began blurring long ago, and today the two are virtually one and the same. Our sports clients aren’t just world-class players and well-known teams, they’re business people and multitalented individuals with many diverse investments and opportunities. We represent and protect the entertainment interests of our clients that include athletes as well as professional sports teams, sports league associations, and sports media companies.

Contact the legal services of MONTEBLANC& ASSOCIATES in Lima, Peru for more information about our Sports Law Practice or any other sports-related matter.

Understanding Sports Law

Contract Let’s look at it this way; while the internationally accepted concept of Sports Law in itself is that it is a legal specialty comprised of various areas of the law brought together in unique ways, whereby issues such as antitrust, contracts, and torts are intertwined to give life to this specialty, the informal definition of Sports Law in Peru is more of a knack that any one person —regardless of an inexistent knowledge of the la— can practice. It would surprise anyone to know that many (if not most) of the multi-million dollar deals in place today involving Peruvian soccer players were negotiated by the player’s father, uncle or friend who boasts zero knowledge or experience in the matter. Needless to say, these pseudo contracts lack any security or assurance for long-term issues involving the players themselves whare most vulnerable in its execution. The Sports Law attorney at MONTEBLANC& ASSOCIATES can shed light on this area of the law, which has yet to be recognized as such in many of the countries of the region.

Sports Law can be roughly divided into the areas of Amateur, Professional, and International Sports. The distinction between a professional and an amateur athlete is somewhat tenuous. The so-called “amateur” student/athletes at universities or clubs often receive scholarships and other forms of compensation. Also, keep in mind that even though an athlete may be defined as an amateur by one organization, he or she may not be an amateur according to another. Of course, this leads to even more confusion. A simplistic, yet useful definition would be that while amateur athletes participate in sports as an avocation, professional athletes are involved in sports as a vocation.

Defining Amateur Sports

The concept of amateur sports includes a range of activities from an individual casual weekend athlete to academic or club athletics extensively organized intercollegiate or international competitions. Athletic activities are often organized and managed by individual groups that establish rules for eligibility and competition, and courts are often unwilling to interfere with the actions of these groups as long as their rules are reasonably applied. Perhaps the most important of these organizations are the Peruvian Sports Institute (IPD), the Peruvian Olympic Committee (COP), and the many other Peruvian Federations and Associations that represent the many specialty sports inherent to this continent such as surf and Soccer. These governing bodies of first division sports collectively have hundreds of member clubs and universities.

Defining Professional Sports

Perhaps the most important relationship in the area of professional sports is that between the individual player and the team owner. This contractual relationship is governed by basic contract principles. Most sports leagues now have a Standard Player’s Contract which serves as a model employment contract between players and owners. The model contract can be modified to accommodate the special needs and talents of individual players. However, the dramatic increase in salaries in professional sports has compelled the majority of players to now be represented by agents. Typically, this relationship is governed by a Standard Representation Contract, which defines the duties and compensation of the agent. The counterpart to this is that none regulates agent activities nor are there any requirements that agents be registered with any type of administrative or regulatory agency. This last sentence takes us back to the first paragraph that pointed out the informality and lack of real professional advice when it comes to negotiating contractual agreements for the benefit of the athlete, not just the agent.

Defining International Sports

This is a highly specialized area of the law and you should not cut corners in seeking just any attorney. Should you be in need of an experienced Sports Lawyer, call Monteblanco & Associates and we can help you.