Chris Deubert

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Articles

Constangy’s 10 must-read articles of 2024

Jan 9, 2025 | constangy.com | Robin Shea |Jason Friedman |Chris Deubert |Ellen Kearns

1. Five areas of employment law (at least) may be affected by Trump's second act. Author: Robin Shea | Topic: Predicting Legal Changes With President Trump’s second term now imminent, this article offered an analysis of potential shifts in employment law. Key areas likely to be affected include labor relations, wage and hour regulations, independent contractor classifications, and enforcement priorities of the Equal Employment Opportunity Commission.
NASL Seeking Half A Billion Dollars From MLS And U.S. Soccer At Trial

Dec 11, 2024 | forbes.com | Chris Deubert

On January 13, 2025, trial will begin in an action brought by the defunct North American Soccer League (NASL) against the United States Soccer Federation (U.S. Soccer) and Major League Soccer (MLS) for their alleged coordinated effort to extinguish the NASL. The NASL is looking for damages of $516 million.
MLB’s Proposed Television Plan Raises Antitrust Questions

Dec 4, 2024 | forbes.com | Chris Deubert

Major League Baseball (MLB) has a long-held exemption from antitrust law that has been described by the Supreme Court as “unrealistic,” “inconsistent,” and “aberrational.” Yet, the exemption continues, with MLB having recently dodged a potential Supreme Court review by settling a lawsuit brought by minor league clubs who lost their MLB affiliations. Now MLB is reportedly considering a new television model that is likely to raise the prospect of renewed antitrust challenges.
MLBPA Defeats Challenge To Its Authority By Bad Bunny Would Be Agents

Nov 19, 2024 | forbes.com | Chris Deubert

At the 2009 Sports Lawyers Association Conference, in response to a question (from me) about the possibility of agents suing players unions for failing to enforce their regulations, Don Fehr, then-Executive Director of the Major League Baseball Players Association (MLBPA), came out of the audience to declare that if agents sued the union, then the union would disband its agent certification program and negotiate all player contracts itself.
USL Super League Players Have Unionized - Is NWSL Merger Ahead?

Nov 14, 2024 | forbes.com | Chris Deubert

Last week, a reported 97% of players in the USL Super League voted to unionize and be represented by the USL Players Association (USLPA). The unionization comes in the middle of the league’s first season and about two months after the National Women’s Soccer League (NWSL) and NWSL Players Association (NWSLPA) reached a groundbreaking collective bargaining agreement that seemed to give the NWSL a competitive advantage over the Super League.
NHL Players Aim To Bring CBA Into Compliance With Bioethics

Nov 8, 2024 | forbes.com | Chris Deubert

The current NHL-NHL Players Association (NHLPA) collective bargaining agreement (CBA) expires in September 2026, shortly before a new season would start. ESPN has recently reported on the NHLPA’s priorities entering those negotiations. The players’ share of league revenues is a constant source of discussion. But one issue raised by the NHLPA arises out of a 2021 dispute between the Buffalo Sabres and Jack Eichel concerning his medical treatment.
Tua’s Return Raises Questions About Autonomy, Disability, And Cognitive Bias

Oct 25, 2024 | forbes.com | Chris Deubert

On Wednesday, Miami Dolphins quarterback Tua Tagovailoa returned to practice for the first time since sustaining a concussion during the Dolphins’ September 12 game against the Buffalo Bills. Tagovailoa is has now reportedly received clearance from a neurological consultant designated by the Dolphins and approved by the NFL and NFLPA to return to play this Sunday.
WNBA Players Look To MLS And NWSL Financial Models, But It’s Risky

Oct 23, 2024 | forbes.com | Chris Deubert

In February 2020, MLS and the MLS Players Association (MLSPA) agreed to an unprecedented provision in their new collective bargaining agreement (CBA) – the salary budget (cap) would increase if MLS’ broadcast revenues increased “above the amount generated by the league in 2022 plus $100 million.” This past summer, the NWSL and NWSL Players Association (NWSLPA) also agreed to share media revenues in their new CBA.
The Path To General Counsel Of A Professional Sports Team

Oct 15, 2024 | forbes.com | Chris Deubert

The legal profession is a mixed bag. While many lawyers earn relatively high salaries, the job also comes with heavy workloads and considerable stress. The challenges of the job can be mitigated if one is fortunate enough to do legal work in an industry that interests them. Not surprisingly then, legal counsel for a professional sports team is a highly coveted role. But who gets those jobs?
EU Ruling Against FIFA Transfer Fees Obvious To American Sports Lawyers

Oct 4, 2024 | forbes.com | Chris Deubert

In an October 4, 2024 decision, the Court of Justice of the European Union, the EU’s top court, ruled that certain of FIFA’s rules requiring compensation to be paid to a player’s former club when the player changes team violate EU law. The Court found that the rules unreasonably “impede the free movement of professional footballers” and unreasonably restrain cross-border competition. American courts reached the same conclusion as to similar restraints imposed by its sports leagues decades ago.