Sports
The sports industry is one of the most dynamic and rapidly growing sectors globally, encompassing a wide range of activities from organizing sports events to manufacturing equipment and managing athletes. This industry, which has undergone and continues to undergo profound transformation, not only generates billions of dollars in revenue but also has a significant impact on culture, economy, and society.
One of the main pillars of the sports industry is the organization of competitions and events, such as the Olympics, World Cups, and professional leagues. These events attract millions of spectators, both in person and via television and streaming platforms, generating substantial revenues through ticket sales, broadcasting rights, sponsorships, and merchandising.
Additionally, the sports industry includes a vast array of professionals, from athletes and coaches to marketing, management, and logistics experts. Talent management has become a crucial area, with agencies dedicated to promoting and finding opportunities for athletes in various disciplines.
Another relevant aspect is the relationship between sports and technology. Technological innovations are transforming how events are broadcasted, such as instant replay systems and performance analysis, which help teams improve their results and provide a richer experience for fans.
Beyond the economic aspect, the sports industry also plays an important role in promoting health and well-being, encouraging physical activity and active lifestyles. Community initiatives and youth programs have a positive impact on societies, promoting inclusion and social development.
Finally, the sports industry faces challenges such as sustainability issues, gender equality, and ethics in sports. As awareness of these topics grows, there is increasing pressure for sports organizations to adopt more responsible and transparent practices.
Souto Correa has a multidisciplinary team, offering full-service and specialized legal support to meet the various demands of the sports industry, including:
- Corporate Law: Formation of Football Corporations and other business entities for sports practice, as well as the formation of leagues and federations; Conducting legal audits for the evaluation of associative clubs and business entities for acquisition and/or transformation operations.
- Intellectual Property: Registration, licensing, and protection of trademarks, naming rights, branding, game designs, characters, sound effects, software, and copyrights; Assistance in negotiating and drafting software and technology development and licensing contracts; Licensing of content such as audiovisual materials, musical works, phonograms, texts, scripts, and arguments; Consulting for game and content production companies on intellectual property issues.
- Marketing and Advertising: Guidance on the rules and regulations governing the advertising of games and betting; Code of conduct and dissemination of good advertising practices; Assistance in negotiating and drafting sponsorship and advertising partnership contracts; Assistance with ambush marketing issues; Review of advertising campaigns and content clearance to ensure the campaign does not violate third-party rights and applicable laws; Representation before the National Council for Advertising Self-Regulation (CONAR).
- Corporate Governance: Legal advice related to the governance of sports-related entities, including drafting statutes, codes of ethics, and conduct manuals, as well as reviewing procedures and conducting investigations and audits.
- Capital Markets: Advising on the issuance of debt securities by Football Corporations and the use of assets and receivables for structuring Investment Funds and Receivables Certificates, including structuring guarantees using sports assets of practice entities; Conducting audits and issuing legal opinions.
- Contracts: Drafting and negotiating sports event broadcasting contracts, sponsorship contracts, material supply, naming rights, athlete and coach image licensing, trademarks, products, and services; Legal advice on issues related to organizing sports events, ticket sales, arena access, and managing fan membership programs.
- Labor Law: Advising on negotiating and drafting employment contracts, use, exploitation, and licensing of image rights, and athlete training contracts; Advising on negotiating athletes’ economic and federative rights.
- Tax Law: Tax advice for entities and athletes to minimize tax burdens, as well as representation in litigation and administrative matters; Consulting on tax incentives and mechanisms of the Sports Incentive Law; Ensuring all tax obligations are correctly fulfilled.
- Wealth and Succession Planning: Advising on wealth and succession planning issues for athletes and technical staff members.
- Judicial Recovery: Advising on representing clubs and business entities in judicial recovery matters, as well as individual creditors and collective negotiations.
- Dispute Resolution: Representing industry clients in litigation before the Judiciary and Arbitration Courts.
- Compliance and Corporate Criminal Law: Developing and implementing integrity programs for football clubs and other sports and sports associations; Developing anti-money laundering policies; Drafting policies, procedures, and training for preventing match-fixing and other frauds; Conducting and/or supporting internal investigations to uncover fraud.
- Technology: Assistance on compliance with data protection laws, such as Brazil’s General Data Protection Law (LGPD); Advising on cybersecurity issues to protect sensitive information and prevent fraud.
- Consumer Law: Representing interests before consumer protection agencies (SENACON, PROCONs, Public Prosecutor’s Office); Institutional relationships with SENACON, PROCONs, and Judiciary bodies; Specialized consulting in Consumer Law, focusing on compliance with specific legislation; Drafting and reviewing Terms and Conditions, Terms of Use, and similar documents; Defense in low and medium complexity judicial processes, as well as strategic judicial processes involving consumer law issues at all instances.