Legal news and trends for Canadian in-house counsel and c-suite executives
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like the Toronto Maple Leafs and the New York Yankees seem to be fairly impervious to the economy," says Pen- man. "Branding is still important, but it is not the only factor, there has to be some payback." Th e problem, he adds, will be for big franchises to fi nd enough good teams to play against, which when the economy is bad don't have the same safety net the big names have. It's a view shared by the latest Price- waterhouseCoopers report on the state of the sports industry. "Despite the economic downturn the largest sports brands with global reach and pulling- power have continued to attract the mas- sive sponsorship deals," said the report. "Th e mid-level brands or brands asso- ciated with a particular city or country have been hit badly." Th e report predicts positive growth every year through to 2013, but says this only comes aſt er the depths of the recession registered in the sports industry as well as when the com- bined Canadian and U.S. sports market declined by 4.7 per cent in 2009, followed by a rebound beginning in 2010. Th e recession also led to changes in who is actively investing in sponsor- ship, says the PwC report. In 2009, some banks shiſt ed their spending priorities away from sponsorship. However, look- ing forward, improving fi nancial condi- tions will likely see the fi nancial services sector's return to sponsorship. Another industry investing increasing amounts in sponsorship is online sports betting. While there is big money involved in team and venue sponsorships, indi- vidual athletes carry their own sponsor- ship contracts. And these contracts can be just as lucrative as those for teams or sports companies. But individual ath- lete sponsorship contracts also come with their own opportunities and pitfalls when negotiating sponsorships, says James Bunting, a sports-related litigation partner at Davies Ward Phillips & Vine- berg LLP. "Something that can become a source of contention are public image clauses. Th ey preclude an athlete from tarnishing his public image." One of the things sports lawyers worry most about is the use of perform- ance-enhancing drugs, a hot issue on and off the fi eld. Canada recently saw major developments in this area with the adoption by the Canadian Foot- ball League of performance-enhancing drug policies. "It's important and could change the state of play for the CFL," says Bunting. "With the adoption of its doping policy, the CFL has not only brought itself in line with other major professional sports, but has also sent a message to Canadian football athletes of all levels that doping will not be tol- erated in Canadian football." While the eff ectiveness of the CFL policy will need to be gauged by its re- sults, the mere adoption and implemen- tation of the policy is a positive step for- ward for Canadian football, adds Bunt- ing. No professional Canadian football team has been hit by doping allegations, A Practical Guide to the Law of Termination in Ontario, Second Edition The legal principles and practical advice for ending an employment relationship This book provides an overview of the law and helpful advice when planning a termination in Ontario and also helps you avoid commonly made termination mistakes, which often cause unexpected legal liability. ORDER your copy today Perfectbound • 174 pp. September 2010 • $65 P/C 970010002 ISBN 978-0-88804-505-8 A Practical Guide to the Law of Termination in Ontario, Second Edition, covers important topics such as: • • • • • • • • Notice of termination and severance pay under the Just cause terminations Disabled employees and the The termination meeting Reasonable notice at common law Elements of the severance package Employment contracts Litigating wrongful dismissal claims For a 30-day, no-risk evaluation call: 1.800.565.6967 CL0910 34 • OCTOBER 2010 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. INHOUSE Janice Rubin and H ena Singh H uman Employment Rights Code Standards Act, 2000