BUCERIUS SUMMER PROGRAM IN SPORTS LAW 2016 COURSE CATALOGUE 1. ACADEMIC CALENDAR 2. LIST OF TOPICS BEING EXPLORED 3. UNIT DESCRIPTIONS 4. FACULTY BIOGRAPHIES (updated: Jan 2016)
ACADEMIC CALENDAR JULY 11 30, 2016 Please note that this is a preliminary schedule and will be expanded and updated over the coming months. Sunday, July 10 Evening gathering to welcome Bucerius Summer Program participants Monday, July 11 Orientation Program Monday, July 11 Courses begin Saturday, July 30 Sports Event 2
LIST OF TOPICS TOPIC/AREA OF FOCUS LECTURER HOME INSTITUTION INTRODUCTORY SESSIONS Negotiation Contract Drafting Presentation Skills Video Training Prof. Dr. Lars Kirchhoff & Hansjörg Schwartz Prof. Clifford Larsen & Lana Spangenberg Michael Friedman Dr. Carsten Jungmann CONTRACT DRAFTING European University Viadrina, Frankfurt/O. & TGKS Law Firm, Berlin Bucerius Law School Max Planck Institute for Comparative and International Private Law, Hamburg DUVINAGE Lawyers, Munich & Bucerius Law School Sports Events Contracts: The Olympics Prof. Jodi S. Balsam Brooklyn Law School, USA Arbitration Clauses for Athletes, Clubs and Associations Employment Contracts for Football Players Dr. Heiner Kahlert Dr. Johan-Michel Menke Martens Lawyers, Munich Heuking Kühn Lüer Wojtek, Hamburg Renting a Motorsports Racetrack Prof. Dr. Thomas Riehm University of Passau NEGOTIATION SKILLS Broadcasting and Other IP Rights in Sporting Events Prof. Dr. Peter Duvinage DUVINAGE Lawyers, Munich & University of Tübingen Sealing the Deals for Scoring the Goals Prof. Dr. Christian Duve Freshfields Bruckhaus Deringer, Frankfurt 3
UNIT DESCRIPTIONS CONTRACT DRAFTING SPORTS EVENTS CONTRACTS: THE OLYMPICS PROF. JODI S. BALSAM This unit offers an introduction to contract negotiation and drafting in the sports event industry, using the Olympics as its backdrop. Students will learn about the various components of common agreements a lawyer would encounter in representing parties producing a world-class sporting event, including venues, transportation, accommodations, security, sponsorship, media rights, and community development. Students will read and analyze real-world sports event contracts to understand the various moving parts and how they interact. Set in the high-profile, high-stakes context of the Olympics, the unit will build on the Sports Law Program s introductory sessions on contract drafting and negotiation to focus on the business purposes of selected contract doctrines, translating business ideas into contract concepts, standard sports contract provisions, managing risk through contract, and rules of contract interpretation and dispute resolution. Students will gain exposure to practical lawyering skills in the context of sports world transactions, including how to: use the client as a resource, develop and execute a negotiation strategy, and review and mark-up a counterparty s draft. Students will be tasked with drafting key provisions of a sporting event agreement and, in the concluding session, defend and negotiate those provisions. ARBITRATION CLAUSES FOR ATHLETES, CLUBS AND ASSOCIATIONS DR. HEINER KAHLERT The field of sports is an area in which almost all disputes are resolved by arbitration. At the same time, arbitration in the sports environment faces specific legal challenges that are not usually found in other industries. While providing an introduction into arbitration in general, this unit will focus on the very special discipline of sports arbitration. Inter alia, the participants will be familiarized with the Court of Arbitration for Sport (CAS), and they will learn about a number of legal issues that repeatedly arise in sports arbitration. In doing so, the unit will identify pitfalls to be avoided when drafting arbitration clauses. 4
UNIT DESCRIPTIONS CONTRACT DRAFTING EMPLOYMENT CONTRACTS FOR FOOTBALL PLAYERS DR. JOHAN-MICHEL MENKE The unit is about international player contracts in professional football from a European perspective. The focus will be on fixed-term employment contracts and relocations in professional sports from a German point of view. In particular, the claim of German goalkeeper Heinz Müller against his former club 1. FSV Mainz 05 e. V. will be highlighted. This case is one of the most important employment lawsuits in German sports in this century. It deals with the question whether fixed-term employment contracts of professional soccer players in Germany are valid. The Müller-case has what it takes to reach the European Court of Justice: In case Müller wins, the whole transfer system in European team sports (particularly with respect to Basketball, Handball, Hockey, Ice Hockey, etc.) will change and there will likely arise collective labor agreements. Apart from that, the problems with relocations in professional soccer in Germany will be presented and illustrated with prominent international cases: Is it possible to refuse a professional soccer player to train with the first team and to move him to the reserve team of a club? With respect to the content of the unit, the case study that students will explore will involve the breach of contract of a player. RENTING OF A MOTORSPORTS RACETRACK PROF. DR. THOMAS RIEHM In this unit, students will draft a comprehensive contract for the rental of a motorsports racetrack. After an introduction to the relevant legal and methodological questions, they will go through all relevant aspects of the organization of a complex car-racing event in small working groups. The drafted contract will cover financial and organizational questions, as well as aspects of safety and advertising, catering, entertainment or TV production. During the workshop, students will learn to structure complex situations and parties interests in order to find a comprehensive agreement including all essential points. 5
UNIT DESCRIPTIONS NEGOTIATION SKILLS BROADCASTING AND OTHER IP RIGHTS IN SPORTING EVENTS PROF. DR. PETER DUVINAGE The economic importance of sports media and sports advertising rights has continuously increased over the past twenty years. Today, professional sports are a multi-billion dollar/euro industry, and they are an integral part of the entertainment world. The exploitation of sports rights is not fully comparable to the licensing of normal IP rights. Also, tenders for the offering of sports rights, the negotiations and the drafting of the pertaining sports media and sports advertising contracts necessitate a profound knowledge of the sports business, its particularities and its main stakeholders. Thus, it is not surprising that even experienced lawyers sometimes feel quite uncomfortable when dealing with contracts and other legal matters in the field of sports law exploitation rights. The main purpose of the unit Broadcasting and Other IP Rights in Sporting Events is: - to understand the specifics of sports media rights and their licensing, - to conceptualize the key points that need to be addressed in major sports advertising deals, - to develop a draft of a term sheet for the licensing of sports media rights as well as a draft of a term sheet for the licensing of sports advertising rights, and - to negotiate the drafted term sheets and finalize them on the basis of the results of the negotiations. Equipped with their newly acquired knowledge, participants will form several negotiation teams who will receive the task to negotiate a sports media contract (television deal) and a sports advertising agreement (shirt sponsor of a football team). SEALING THE DEALS FOR SCORING THE GOALS PROF. DR. CHRISTIAN DUVE The workshop will deal with the negotiation of agreements in the world of sports. The first portion will address negotiation techniques from a general perspective. During the second portion, we will work to identify the framework, opportunities and limitations when sealing the deal. 6
FACULTY BIOGRAPHIES Dr. Carsten Jungmann is a program director at Bucerius Law School, coordinating the Diploma in Business Law Program at WHU - Otto Beisheim School of Management, and a partner at the law firm DUVINAGE in Munich/Hamburg. His primary fields of research are insolvency law, corporate law (including corporate governance), banking law and corporate finance. He studied law at the University of Bonn and at the University of Edinburgh. At the University of Bonn, he graduated as a Doctor of Laws. As a trainee solicitor, he worked inter alia with the international law firm Hogan Lovells and with HSH Nordbank; he also clerked for High Court Chief Judge Dr. Buechel. After passing the bar exam at the High Court of Hamburg, he went to the US and obtained an LL.M. from Yale Law School. Carsten Jungmann holds an M.Sc. in Finance, which he earned at the University of Leicester. Finally, he is a university-certified Compliance Officer. He spent a year as an academic visitor at the London School of Economics and was/is a lecturer in law at the University of Surrey, the University of Fribourg, the Leuphana University Lüneburg, the Heinrich-Heine-University Düsseldorf and at the Ludwig-Maximilians-University of Munich. He has published numerous articles on corporate, banking and insolvency law in leading law journals. He received the Best Teacher Award of the Master Program of Bucerius Law School three times, and was awarded the Bucerius Alumni Prize for Outstanding Teaching in 2011. Program. Jodi S. Balsam is Associate Professor of Clinical Law and Director of Civil Externship Programs at Brooklyn Law School. Among her teaching interests are Sports Law, Professional Responsibility, the Externship Seminar, and Negotiation and other lawyering skills. She is the faculty advisor to the Brooklyn Entertainment and Sports Law Society. Professor Balsam has also taught Sports Law at New York University School of Law and at New York Law School. In addition, she designed and taught an innovative class in sports contracts and negotiation at NYU s Sports Business Graduate Degree Program, and has collaborated on projects with the NYU Sports and Society Before joining academia, Professor Balsam was the National Football League's Counsel for Operations and Litigation, where she managed litigation in all areas of law, oversaw a variety of policy and operational matters, negotiated and drafted contracts for League special events including the Super Bowl, and administered the League's internal dispute resolution processes and compliance program. She began her practice career as a litigation attorney with Simpson Thacher & Bartlett LLP, representing primarily sports and entertainment clients in antitrust matters and complex commercial litigation. 7
FACULTY BIOGRAPHIES Professor Balsam has served as a law clerk for Chief Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit, and Judge Charles Brieant of the U.S. District Court for the Southern District of New York. Professor Balsam has also served as Counsel to the Clerk of the Second Circuit Court of Appeals, and spearheaded the court s project to comprehensively revise its local rules and internal operating procedures. She now sits on the Court s Attorney Advisory Committee on Local Rules. Professor Balsam has appeared at many sports law conferences and symposia, including presentations on sports negotiation, concussion litigation, and ethical issues in representation of athletes. She frequently appears in the media on legal issues in sports, and has been seen on ESPN and MSNBC, as well as quoted in the New York Times, USA Today, Bloomberg/Businessweek, and London Sunday Mirror. A graduate of Yale College, Professor Balsam received her law degree from NYU School of Law. Christian Duve is a partner with Freshfields Bruckhaus Deringer LLP in Frankfurt, focusing on dispute resolution. He regularly represents clients in front of courts or arbitral tribunals. Christian regularly acts as arbitrator or mediator and has, for example, served as arbitrator for the Court of Arbitration for Sport from 2007 to 2015. He has coordinated the investigation activities of the firm in Germany for the last couple of years. Christian has lectured at the University of Heidelberg since 2004 and was appointed as an honorary professor in 2013. He was Chairman and a member of various committees of the German Bar Association (DAV) and the Council of Bars and Law Societies of Europe (CCBE) before he became a member of the Board of the German Bar Association (DAV) in 2013. In addition to his professional activities, Christian is a member of the Board of the Association of Friends of the Jewish Museum (since 2009) and a member of the Board of the Association of Friends of the Museum of Modern Art (MMK) in Frankfurt (since 2013). Christian received his doctorate at the University of Munich (1998) and completed his graduate studies at Harvard University (as McCloy Scholar) (1995-1997). Prior to mandatory lawyer training and his studies in Wurzburg, Caen (France), Geneva (Switzerland) and Munich, he completed a two year training with a commercial bank in Hamburg. 8
FACULTY BIOGRAPHIES Prof. Dr. Peter Duvinage, professor at the University of Tübingen and partner of the law firm DUVINGE, has more than twenty-five years of experience in the world of sports law and in the media business. As part of his career, he was, inter alia, responsible for the national and international exploitation of the media rights to the German "Bundesliga" as well as other European soccer and hockey leagues. In addition, he organized leading sports events such as the Tennis Grand Slam Cup in Munich and has been involved in building new soccer arenas. Among his clients are national and international sports federations, leagues and clubs. The law firm DUVINAGE focuses on advising its sports clients in all media and advertising matters, which, beyond mere legal advice, particularly reflects the firm s expertise in the trade, licensing and production of sports media rights as well as in the combination of sports media and advertising rights. In addition, the professional services rendered by DUVINAGE include the representation of famous athletes and celebrities. At the University of Tübingen, Prof. Duvinage regularly holds seminars on sports management and sports communication: He also conducts conferences and workshops on questions of sports law and strategies for the future of professional sports in general. Michael Friedman received a B.A. in economics (magna cum laude) from the University of Southern California and subsequently studied law at the University of California at Berkeley, receiving his Juris Doctor in 1993. He practiced law as a senior attorney and litigator in the San Francisco Bay area with the Contra Costa County Office of the Public Defender. In addition to having served as an external lecturer at Bucerius Law School since 2006, he has conducted seminars on negotiation for both the German-American Lawyer s Association (DAJV) as well as the African Good Governance Network. He is a member of the International Negotiation Teaching and Research Association (INTRA). In 2012 he was named Best Teacher of the Bucerius Master of Law and Business Program (legal curriculum). He has lived in Hamburg since 2004 where he works with the Max Planck Institute for Comparative and International Private Law. 9
FACULTY BIOGRAPHIES Dr. Heiner Kahlert is an attorney at Martens Lawyers, a Munich-based law firm specializing in dispute resolution in commercial and sports matters as well as sports law in general. He advises sports federations, clubs and athletes on a wide range of issues. Dr. Kahlert has also been involved in numerous arbitrations both in and outside the field of sports. Prof. Dr. Lars Kirchhoff is an international lawyer and mediator, partner at the Berlin-based firm TGKS, as well as academic director of the postgraduate master s program in mediation and the Institute for Conflict Management at the European University Viadrina. He specialized in Dispute Resolution at Yale Law School, the OSCE and in the mediation program of the US District Court of Northern California. He is also a lecturer and conflict coach at Bucerius Law School, the External Action Service of the European Union and a wide spectrum of commercial and political institutions. Lars Kirchhoff has authored numerous publications on state sovereignty, mediation and the interplay between international commercial arbitration and mediation. Professor Clifford Larsen received his B.A. from Tulane University, a B.A. and M.A. from Oxford University (where he studied as a Rhodes Scholar) and his J.D. from the University of Virginia. In 1993, after practice of law at White & Case in New York City and S.G. Archibald in Paris, Larsen received an offer of a professorship from Washington & Lee University. In his 13 years there, he published a number of articles, in German and English, primarily in the areas of arbitration and comparative law, became a full professor, and was named Director of International Legal Studies Programs. As well as teaching in Mexico and frequently in Cologne for the University of California, he was a Fulbright Senior Scholar and Commerzbank Visiting Professor of Law at Bucerius Law School, during which time he taught in English in the International Program and in German in the LL.B. curriculum. He is a member of the New York and Louisiana Bars and is avocat à la cour de Paris. 10
FACULTY BIOGRAPHIES Dr Johan-Michel Menke studied law at the University of Hamburg from 1998 to 2003 with a study visit in Madrid, Spain. After his master thesis ( Lawfulness of long-term employment contracts in professional football ) and first state examination he gained his doctorate at University of Hamburg in the field of Sports law (thesis: Professional athletes between labour law and entrepreneurship ; doctoral viva: Referees, foul play, damages ). At the same time, he completed the extension studies Sports law at FernUniversität Hagen. During his legal traineeship from 2005 to 2007, he worked (among others) for Bird & Bird and the German Football League (DFL Deutsche Fußball Liga GmbH). Since 2009 he is Certified Employment Lawyer and since 2013 Partner at Heuking Kühn Lüer Wojtek in Hamburg, Germany. Within the scope of his legal practice he advises i. a. the German Football League (DFL Deutsche Fußball Liga GmbH) and several sports clubs and agencies. Besides his legal practice, Menke is General Secretary of the International Sport Lawyers Association (ISLA) and lecturer in European Sports Law at FernUniversität Hagen and International Employment Law at St. John s University New York. He is also an arbitrator at the German Court of Arbitration for Sports (DIS) and publishes regularly in the field of sports law. Prof. Dr. Thomas Riehm is Professor of Law at the University of Passau (Germany) since 2013 where he holds the chair for German and European Private Law, Civil Procedure and Legal Theory. Prior to this role, he taught at the universities of Munich, Augsburg, Marburg, Paris (Créteil and Panthéon-Sorbonne) and at Bucerius Law School (Hamburg). His main fields of research are German, European and Comparative Contract Law, Law of Obligations and Tort Law as well as Dispute Resolution (Litigation, Arbitration and Mediation). He has published several books and articles on these issues, for students as well as for practitioners, and teaches them regularly. He is also working as arbitrator and as an advisor and coach for communication in critical situations of economic conflict. Lana Spangenberg received her Juris Doctor from Washington and Lee University School of Law in 2004, where she externed at the White House Office of Faith-Based and Community Initiatives as well as the Lexington Legal Aid Office. She received her Bachelor of Science in Political Science at Texas A&M University. She participated in the first international exchange semester at Bucerius Law School in 2002 and later returned to teach Anglo-American Commercial Law in 2006. After receiving her Juris Doctor, she was selected by the Alexander von Humboldt-Stiftung as a German Chancellor Scholar (Bundeskanzlerstipendiatin) where she was 11
FACULTY BIOGRAPHIES the Scholar-in-Residence at the Evangelisches Institut for Kirchenrecht an der Universität Potsdam under the mentorship of Verband Diakonischer Dienstgeber Deutschland, e.v. Mrs. Spangenberg is an Attorney-at-Law and a member of the Texas Bar. 12