BUCERIUS SUMMER PROGRAM
IN SPORTS LAW 2016
COURSE CATALOGUE
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ACADEMIC CALENDAR
LIST OF TOPICS BEING EXPLORED
UNIT DESCRIPTIONS
FACULTY BIOGRAPHIES
(updated: March 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
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LIST OF TOPICS
TOPIC/AREA OF FOCUS
LECTURER
HOME INSTITUTION
INTRODUCTORY SESSIONS
Prof. Dr. Lars Kirchhoff
European University Viadrina,
Frankfurt/O. & TGKS Law Firm,
Berlin
Negotiation
& Dr. Hansjörg
Schwartz
Contract Drafting
Prof. Clifford Larsen
& Lana Spangenberg
Bucerius Law School
Presentation Skills
Michael Friedman
Max Planck Institute for
Comparative and International
Private Law, Hamburg
Video Training
Dr. Carsten Jungmann
DUVINAGE Lawyers, Munich
& Bucerius Law School
CONTRACT DRAFTING
Sports Events Contracts: The Olympics Prof. Jodi S. Balsam
Brooklyn Law School, USA
Arbitration Clauses for Athletes, Clubs
and Associations
Martens Lawyers, Munich
Dr. Heiner Kahlert
Transfer of a Football Player - Involved
Parties, Regulations, Commercial
Jörg von Appen
Terms and Contracts
von appen I jens legal, Hamburg
Renting a Motorsports Racetrack
University of Passau
Prof. Dr. Thomas Riehm
NEGOTIATION SKILLS
Broadcasting and Other IP Rights in
Sporting Events
Prof. Dr. Peter Duvinage
Sealing the Deals for Scoring the Goals Prof. Dr. Christian Duve
DUVINAGE Lawyers, Munich
& University of Tübingen
Freshfields Bruckhaus Deringer,
Frankfurt
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UNIT DESCRIPTIONS
CONTRACT DRAFTING SKILLS
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.
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UNIT DESCRIPTIONS
TRANSFER OF A FOOTBALL PLAYER - INVOLVED PARTIES, REGULATIONS, COMMERCIAL TERMS
AND CONTRACTS
JÖRG VON APPEN
Gareth Bale, Neymar, Mesut Özil, Kevin de Bruyne, just to name some of the most expensive
player transfers in recent years, have stirred enormous interest in the football world. Transfer
fees are still on the rise and they will reach another peak this coming summer, when new stars
will be borne during UEFA EURO 2016 in France and more TV-money is received in England and
elsewhere. Enough money to enable Clubs to compete for the stars and upcoming stars and to
strengthen their teams for National 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 is 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.
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.
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
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UNIT DESCRIPTIONS
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:
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to understand the specifics of sports media rights and their licensing,
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to conceptualize the key points that need to be addressed in major sports advertising deals,
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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
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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.
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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.
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
Program.
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.
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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.
Prof. Dr. 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.
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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.
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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.
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FACULTY BIOGRAPHIES
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.
Dr. Hansjörg Schwartz has been a business mediator since 1995 and was
trained by Gary Friedman, Jack Himmelstein and John Haynes. He has
conducted programs addressing negotiation and conflict management for
national coaches, the German Sport Leadership Academy
(Führungsakademie des Deutschen Sports), as well as football coaches at
the "Hennes Weissweiler Akademie" of the German Football Association
(Deutscher Fußball-Bund e.V.). He was a participant in the Harvard Law
School Program on Negotiation and serves as a negotiator in professional
sports cases (motor sports, football).
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
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.
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FACULTY BIOGRAPHIES
Jörg von Appen studied law at the University of Constance and earned his
first law degree in 1993. He clerked at the Hanseatic Higher Regional Court
in Hamburg, interned in Toronto and worked as a legal consultant for
property at the Treuhandanstalt in Berlin. He earned his second law
degree, was admitted to the bar and joined the the law firm Reifkogel,
Konas & Wegdell in May 1997. In this role, his focus included sports law. In
November 1998, Jörg von Appen joined the International Sports Rights
Division of UFA Sports GmbH (from 2001: SPORTFIVE GmbH & Co. KG) as
an in-house legal counsel. In December 2002, he was appointed Vice
President Legal Affairs heading the legal department of SPORTFIVE Group, where he remained
until his departure in October 2009. Under his management and guidance, SPORTFIVE’s legal
department grew from 4 to 16 in-house lawyers in three offices (Hamburg, Geneva and
Singapore). Jörg von Appen has negotiated with many well-known rights holders, various
national and international sponsors and media companies. He is currently a lawyer and partner
at von appen | jens legal.
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