Name: Katie Smith Firm: Squire Patton Boggs (UK) LLP
University: Oxford University Degree: Classics and English
The future of litigation In terms of litigation more generally, Katie discusses the opportunities the practice will soon face. The increase in technology is an inevitable topic of conversation. “E-filing is now the norm for litigation so often there is now no need to physically go to a court and file the documents by hand. Similarly, E-disclosure platforms are learning how to sift through documents, seeking to make disclosure processes less labour intensive.” This all points towards a more connected and efficient working future for lawyers. If sports law sounds like an area of law you’d like to delve into, Katie has some advice on the skills you should develop. “It’s important to be organised and have an eye for detail from the start of your career. It’ll also help to have a proactive attitude – that means not waiting to see what the next task or stage of the dispute is but thinking ahead.” There are plenty of opportunities for students to find out more about this niche practice. Katie suggests attending or volunteering at the sports law conferences that take place regularly. “These conferences and voluntary roles can provide a good insight into sports law so that you can test it out and see whether it’s something you’re interested in before you go into it. As a non-law student, these helped me to understand what I wanted to do.” While you certainly don’t need to have a PhD to become a sports lawyer, Katie’s fascination and passion for the subject, especially sports regulation, has proven that once an academic, always an academic: “While sports law is an academic practice area in itself, I’m also studying for a sports law course on the side. This really is my dream job!”
If you’re wondering whether you’re likely to read about the cases Katie and her team work on in the national media, the answer is yes and no. “A lot of the cases I work on are reported in the media,” she confirms. “But arbitrations are by nature confidential processes, so many arbitration records won’t be published.” You can be certain, however, that the impact of sports litigation and regulation will be felt across the sports we follow and support around the world. Katie mentions the rules around breakaway leagues, and the ringfencing of leagues, as a key issue in the practice area at the moment. While the highly-publicised and short-lived European Super League in football springs to mind as an example of this, Katie adds that the Rugby Football Union has also recently announced new regulations to stop relegation in the premiership. Her team need to keep abreast of these changes as they continue to develop. We’re seeing developments in financial regulations in sport with the aims of improving financial viability and levelling the playing field Another key issue is the financial sustainability of sport, a concern that’s only been heightened by the impact of the coronavirus pandemic. “We’re seeing developments in financial regulations in sport with the aims of improving financial viability and levelling the playing field,” elucidates Katie. “For example, the salary cap regulations in Formula 1 and rugby, and the attempted enforcement by the English Football League of salary caps for League One and League Two that was scrapped after arbitration claims were issued. There will likely be further challenges down the line to such regulations based on competition law arguments, as well as employment and trade union law arguments.”
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