Topics & Schedule
Develop your contract drafting and negotiation skills
Working in small groups under the guidance of experienced professionals, you and fellow participants will receive challenges to learn strategies that you can apply to a career in sports law.
Kicking off the program, you will take part in two sessions to ensure a firm understanding of drafting and negotiation principles. During the latter, a video training and critique will enable you to boost your presentation skills!
Having established a solid foundation, you and your peers will take part in four core sessions to explore current topics relevant to sports law professionals. Each of these sessions will involve a graded assignment: working in teams, you will be tasked with analyzing a specific area of practice and developing a presentation of your findings.
In addition to receiving feedback from lecturers and your peers, each presentation that you deliver will be evaluated to provide you with four marks as well as an overall (average) grade for the course.
Two practical exercises, a moot court and negotiation simulation, will provide you with an opportunity to apply your knowledge and gain insight into challenges faced by field specialists.
This unit will familiarize participants with the writing skills needed to communicate effectively through written work.
Employing a practical approach to contract drafting, the session will break down a modern contract into its components for examination and make recommendations regarding contract structure and content.
Participants will examine common problems and mistakes in transactional writing and use in-class writing exercises to hone clarity and cogency.
Prof. Clifford Larsen
Clifford Larsen is Professor of Law at Bucerius Law School and the Dean of the Bucerius Master of Law and Business (LLM/MLB) Program. His research interests include Comparative Law, International Arbitration, International Procedure and Contract Law.
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.
Negotiation is not a science; it is an art. The success or failure of a negotiation depends on our understanding of basic negotiation principles in connection with our mastery of verbal and non-verbal communication skills.
In the first part of the Principles of Negotiation course, a simple transactional negotiation completed by the workshop participants will be the basis for exploring a variety of fundamental strategic and tactical questions associated with negotiation. How and when should you make the first offer? How do you evaluate and establish your bottom line? What needs to be kept in mind when formulating and seeking concessions? How do you ensure that your counterpart is satisfied with the outcome and ready to perform as agreed? Comparing and contrasting the outcomes achieved by participants, we will begin to understand what express (i.e. verbal) moves at the bargaining table are likely to influence the value which a party is able to claim.
The second part of the course aims at improving non-verbal negotiation skills and skills away from the bargaining table. In a highly interactive workshop the participants will learn (i) to structure a negotiation process in advance and (ii) to make use of their gestures, body language, facial expressions, eye contact, posture, tone of voice, etc. Throughout the second part, it will be demonstrated how important it is to thoroughly prepare and plan a negotiation. In addition, we will encounter examples of impressive (or rather inelegant) negotiations by analyzing short scenes from Hollywood blockbusters (such as Pulp Fiction and Wall Street). Based on these insights, we will use video self-analysis to work on our non-verbal communication skills.
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.
Dr. Carsten Jungmann
Dr. Carsten Jungmann serves as Program Director Law for the Master Program of Bucerius Law School and also coordinates the Diploma in Business Law Program at WHU - Otto Beisheim School of Management. In addition, he is a practicing lawyer in his capacity as the Director Corporate Law and Structure of BIRKENSTOCK Group in Neustadt (Wied). His primary fields of research are insolvency law, corporate law (including corporate governance), banking law and corporate finance.
Core Sessions: Contract Drafting
To be provided
Dr. Hermann Schlindwein
Dr. Hermann Schlindwein is a recognized expert in sports law as well as M&A and private equity. He advises on sports marketing, sponsoring, law of associations, sports employment law, player transfers and TV marketing.
Following a thorough and extensive overview of U.S. federal antitrust law as applied to amateur and professional sports organizations, participants will be asked to play the role of "law clerk" to a Supreme Court justice in reference to the review of one of the most significant cases in recent sports antitrust law, O'Bannon vs NCAA. This case, first filed in 2009, worked its way to the 9th Circuit Court of Appeals. After the appellate court rendered its decisions, both parties—via a so-called writ of certiorari—asked the Supreme Court to review the case. The Supreme Court, with only 8 justices on the bench, declined.
Participants will be asked to draft a memo with a thorough legal analysis of the arguments of both parties and a recommended outcome. In addition, participants will look closely at two decisions by the National Labor Relations Board, a federal administrative entity, regarding amateur sports in the U.S.
Oliver Luck is an executive with the National Collegiate Athletic Association (NCAA) in charge of the organization's regulatory functions. He is a former American football quarterback who played five seasons in the NFL.
Core Sessions: Negotiation
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).
Prof. Dr. Peter Duvinage
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.
This unit will offer tips and insight from the perspective of an arbitrator and specialist who has spent three decades working in the discipline.
The first portion will address day-to-day topics confronting attorneys in the field of sports law: the study of regulations, disciplinary issues, financial fair play, ambush marketing, litigation in national and foreign courts and procedures for the Court of Arbitration for Sport or Basketball Arbitration Tribunal.
By asking questions and engaging in discussion, participants will be able to explore new issues of ethics and governance arising in this field.
Placing the group into a practical situation, the second portion of the unit will call upon participants to demonstrate their knowledge by engaging in a contest for a contract. The assignment will involve either a transfer, labor or sponsorship agreement.
Teams will compete and be critiqued based upon their performance in the negotiation and drafting of the agreement; the lecturer will raise questions and either confirm or overturn their points.
Juan de Dios Crespo Pérez
Juan de Dios Crespo Pérez is Head of the Sports Law Department at the Valencia-based firm Ruiz-Huerta & Crespo. A specialist in Sports Law, he is also President of the Sports Law Section of the Valencia Bar.
Sports is an area in which almost all disputes are resolved by arbitration. The range of disputes is vast and includes anti-doping cases just as it comprises claims arising out of a failed joint venture. Even though sports arbitration shares many features with general commercial arbitration, it is still a very special discipline of arbitration with its own legal challenges and idiosyncrasies.
This unit will provide an introduction to the world of sports arbitration by way of a moot court. In this very interactive setting, the participants will be familiarized with the procedures before the Court of Arbitration for Sport (CAS) and will learn how to put a convincing argument before an arbitral tribunal. In doing so, they will be sensitized for pitfalls to be avoided when drafting arbitration clauses.
Dr. Heiner Kahlert
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.
Gareth Bale, Neymar, Mesut Özil, Kevin de Bruyne, Pogba, just to name some of the most expensive player transfers in recent years, have stirred enormous interest in the football world. More and more TV-money is received by the major Football Leagues in Europe. Investors have identified football as an interesting industry to invest. Enough money to enable Clubs to compete for the stars and upcoming stars and to strengthen their teams for National Football Leagues and European Cup Competitions and meet the expectations of their fans.
More than enough reasons to take a closer look into the transfer of the registration of a football player from one club to another. Who are and when do the different parties get involved? Which regulatory environment must be observed? What kind of commercial terms and conditions may be included? Employment, image rights of the player, agent agreements need details and careful drafting of the underlying agreements. Thus, the involved clubs must come to an agreement, mainly about the transfer fee, but also on other terms and conditions.
This unit will give a detailed overview of all issues relating to the transfer of a football player and will simulate a negotiation between two clubs and a club and the agent of a player.
Jörg von Appen
Jörg von Appen is a lawyer and partner at von appen | jens legal. He has negotiated with many well-known rights holders, various national and international sponsors and media companies.