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UEFA Moves to Bar FIFA Subsidiaries from U.S. Discovery Proceedings

By Drooid · · How we work

Core Legal Move

UEFA filed a late-Thursday request in Manhattan federal court asking that FIFA (Americas) Inc and FWC2026 US Inc be excluded from a discovery fight over a potential Swiss criminal case against FIFA president Gianni Infantino. UEFA argues the subsidiaries lack a direct legal interest because they are not targets of the contemplated Swiss case and have not been served with subpoenas.

Background: Abandoned Commercial Rights Deal

Infantino had promoted a “FIFA Forward Enterprise” transaction that would have sold a permanent stake in commercial and operational rights linked to the World Cup and other FIFA events to private investors. After widespread backlash from football bodies and other critics, Infantino withdrew the plan on August 1. UEFA is now considering filing a criminal complaint in Switzerland alleging criminal mismanagement by Infantino and possibly other FIFA officials.

Legal Reasoning Cited to the Court

UEFA’s filing invokes U.S. discovery law under Section 1782, which normally permits early intervention by interested parties. UEFA contends that allowing the subsidiaries to intervene would create “unnecessary delay” by adding another round of merits briefing before UEFA can seek the records. The body also notes that Thrive Capital Management and its founder Joshua Kushner—who may hold information about the proposed transaction—already have legal counsel capable of challenging any subpoenas after service.

Responses from FIFA and Related Entities

FIFA characterized UEFA’s move as a “smear campaign” and described the discovery applications as a fishing expedition intended to damage FIFA and its leadership. Infantino has denied any wrongdoing. FIFA did not comment on the specific filing, and Thrive Capital did not respond to a request for comment. Joshua Kushner is identified as the brother of Jared Kushner, son-in-law of former U.S. President Donald Trump.

Potential Impact and Next Steps

If the court denies the subsidiaries’ participation, UEFA would retain sole standing to request documents and testimony from Thrive and Kushner, potentially strengthening its contemplated Swiss criminal complaint. Conversely, a court approval could allow the subsidiaries to act as proxies for FIFA and Infantino, complicating UEFA’s evidentiary strategy and extending the litigation timeline. The Manhattan court’s decision is expected in the coming weeks.