One MLS: the Benefit of a Reemergence

April 2015Professional Sports and The Law

Herrick partner Irwin Kishner published the article “One MLS: The Benefit of a Reemergence” in Professional Sports and The Law, a Hackney publication, which examines the history and operational structure of Major League Soccer (MLS) and its new collective bargaining agreement (CBA) with the Major League Soccer Players Union under the American Needle v. National Football League framework. Being the first major professional sports league to avoid a lockout since the seminal Supreme Court decision, Irwin and Mark attribute this success to both MLS’s arguably better position to defend Section 1 antitrust claims and also counterbalancing incentive as the league most dependent on continued play in order to avoid repeating professional soccer’s history in the United States. The result of these unique attributes derived from its reemergence in the 1990s has allowed the MLS, its players and fans, to experience an uninterrupted 20th season of Division I soccer in the United States -- a record in itself.