Sports and the Law: Pistorius is Finally Free to Run
I previously wrote (here and here) about Oscar Pistorius, the Olympic hopeful who was ruled ineligible to compete in the Beijing Games by the International Association of Athletics Federations ("IAAF") because he uses Cheetah Flex-Foot prosthetic legs. With help from Dewey & LeBoeuf (disclosure: my previous employer) as his pro bono counsel, Pistorius recently challenged the IAAF's ruling in the Court of Arbitration for Sport.
On Friday, a three-person arbitration panel ruled in Pistorius's favor, finding that Pistorius's prosthetics do not provide him with "an overall net advantage" in violation of IAAF Rule 144.2(e). This opens the door for Pistorius to compete in South Africa's Olympic trials using his prosthetics. The panel reserved the right to change its ruling if new scientific evidence emerges.
With this matter resolved for now, let's take a look at the big winners and losers from the litigation:
Big Winners
Oscar Pistorius: Finally eligible for South Africa's Olympic trials, the Blade Runner is a step closer to competing against the world's finest. In addition, he is also a step closer to earning the kind of endorsement dollars that would make even Dan & Dave envious.
Ossur HF Company: The Iceland-headquartered supplier of the Cheetah Flex-Foot prosthetics is gaining all kinds of free publicity. Most of us have now heard of the Cheetah Flex-Foot. Can anybody name a competitor prosthetic? I didn't think so.
Dewey & LeBoeuf: Forget the goodwill that comes with pro bono representation. By winning this case, Dewey & LeBoeuf has expanded its sports-law footprint across the Atlantic Ocean, as well as opened the door to secure new business in international sports arbitration.
Debevoise & Plimpton: Real kudos goes to the Court of Arbitration for Sport for their gutsy and articulate 18-page decision that does not pull its punches with the IAAF. David W. Rivkin, a partner in the New York and London offices of Debevoise & Plimpton, was one of the three named arbitrators in this dispute. His work could only look good for the firm.
Read the rest, after the jump.
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