Jan Kleiner

Bär & Karrer

Zurich www.baerkarrer.ch

jan.kleiner@baerkarrer.ch Tel: +41 58 261 53 84

Biography

Jan Kleiner co-heads the sport, media and entertainment practice group of Bär & Karrer. His practice covers contentious and noncontentious matters in the fields of sports law as well as media, entertainment and data protection law. Jan Kleiner holds a doctorate in sports law from the University of Zurich, he was previously a legal counsel in an international sports federation and a partner in a law firm specialised in sports, media and entertainment law.

On which types of matters have clients sought your advice in the past year?

We have been very active in proceedings before the Court of Arbitration for Sport, mostly in regulatory/disciplinary disputes, transfer-related matters or commercial disputes linked to sports (notably in connection with TV rights or broadcasting agreements). As in the past, we have also regularly advised clients in regulatory matters across various sports, very often also in relation to data protection. New technologies (such as blockchain in general, cryptocurrencies, etc.) have also started to play an important role in sports and in our work.

What has been the most interesting case you have worked on to date, and why?

It is difficult to single out one specific case. Some matters are interesting because of their sheer volume (e.g., multimillion-dollar broadcasting agreements covering various jurisdictions), other cases may appear “small” at first glance, but sometimes the most difficult legal questions arise in such cases. Finally, there are cases that are very important on a personal level for a client, for example, when an entire career is at stake. Such cases are often difficult to handle, but always highly interesting.

The EU parliament has proposed a new regime to combat live sport content piracy. What does such a regime need to do to ensure its efficacy?

It is true that developments in digital technology and the easier access to digital content have increased the danger of pirated content. This creates risks not only for broadcasters, but also for event organisers, leagues, and ultimately also for athletes and fans. In order to be successful and efficient, as for any legislation, such a new regime will have to strike the right balance between targeted and effective measures, while at the same time avoiding the excessive blocking of legal content.

What further steps can be taken to ensure that arbitration professionals are more comfortable using arbitration hosting platforms and other technology increasingly used in the space?

I believe that during the covid-19 pandemic, many arbitration practitioners have become familiarised with the use of online platforms, hearings via videoconference, etc. However, there are some types of cases or hearings where such platforms undoubtedly have their limits. For example, in complex evidentiary matters and most importantly in cases involving long witness examinations, nothing can replace a physical hearing, where the interaction between lawyer, witness and tribunal can be directly observed. This is almost impossible to capture within a videoconference.

How are cryptocurrencies and blockchain technology being used by sports clubs and organisations?

It is impossible to give a short answer to this question, as the use cases for cryptocurrencies and blockchain technologies are so diverse. To name just a few, one has to think of NFTs in sports, ticketing, protection against counterfeiting, changes to the media landscape, smart contracts, the creation of new marketplaces, etc.

With the Olympics and Caster Semenya’s appeal to the CAS highlighting how IAAF regulations affect female athletes with high testosterone levels,

do you think we will see changes in these rules in the coming years?

This is very difficult to predict. On the one hand, the CAS Award gives some legal clarity to legal questions that had long been debated. On the other hand, debates continue to exist, for example in relation to transgender athletes in other sports – chances are that some governing bodies enact new (and potentially different) regulations, which may open up new kinds of legal challenges.

What advice would you give to someone starting out in sports law?

I think it is important to first have a solid academic backing, for example through a specialised master programme in sports law. Then, the most difficult step is often to get a foothold in the industry. Once this is done, I believe in the classic virtues: being kind, being humble, working hard, remaining open to learning new things every day – and from all such efforts, success will always follow.

What professional challenges are you expecting to encounter over the next few years, and how do you expect to navigate them?

I think we are all anxious to see whether we are really close to the “post-pandemic” world, whether societies will recover, whether businesses will recover, and whether sports events and sports activities will soon be “back to normal”, or whether some changes caused by the pandemic will remain. It will be crucial to observe such developments very closely to being able to navigate possible new challenges.

Peers and clients say: “Mr Kleiner is one of the best Swiss lawyers in sports law” “He has extensive knowledge of sports law and is often referred to as a true expert”