USA Swimming Names McRoberts as its Chief Counsel and Director of Legal Affairs; Fans and Critics Chime In

Jan 23, 2015

USA Swimming has named Lucinda McRoberts as Chief Counsel and Director of Legal Affairs, a newly created position.
 
McRoberts will serve as an advisor to the executive director, senior staff and board of directors on legal matters.
 
In her new role, McRoberts will lead the organization’s programs for the National Board of Review and Appeals, Criminal Background Checks, Athlete Partnerships, National Team Selections, Sponsorships and Special Events and Civil Litigation and Risk Management. She will work in collaboration with USA Swimming’s Secretary/General Counsel and outside counsel.
 
“I’ve had the privilege of working with USA Swimming for several years and have been very impressed. With its unparalleled leadership, talented staff and dedicated membership, it is one of the premier National Governing Bodies in the Olympic movement,” McRoberts said. “I appreciate the opportunity to serve the organization and am excited to take on the new challenges these responsibilities will bring.”
 
A graduate of Yale University and University of Michigan Law School, McRoberts has extensive experience working with USA Swimming while a member of the Sports Litigation team at Bryan Cave since 2012. Prior to her re-location to Colorado Springs, she contributed to the firm in areas of bankruptcy, restructuring, banking and real estate from the St. Louis office.
 
Her career began with stints in the United States Senate, Missouri House of Representatives, Kroenke Sports Enterprises and the Athletic Departments at Yale University and University of Missouri.
 
What They Are Saying
 
“Lucinda is one of the true up-and-coming talents in sports law and she will add incredible value to our USA Swimming executive team,” USA Swimming Executive Director Chuck Wielgus said. “As our organization grows year after year, Lucinda’s expertise in critical issues will greatly benefit our membership.”
 
Steve Smith, the co-head of the sports law practice area at Bryan Cave with Ryan Davis, told Sports Litigation Alert that there are several reasons McRoberts will excel in her new post.
 
“First, she is very smart,” he said. “She has an ability to grasp the important issue in a case very quickly. Second, she is also very good at relating to people. She has a way of making you feel that she is on top of things and you will get a good result working with her. Third, she is an absolute delight to work with.”
 
Not everyone is on board with the hire, however.
 
Nancy Hogshead-Maker, a former Olympic Gold Medalist in swimming and noted sports lawyer, told Sports Litigation Alert it was a “poor” choice.
 
“I have never met her, and have no personal contact with her, but I have read her deposition testimony, and found it lacking for the standards she uses that fail to protect athletes from sexual harassment and abuse,” said Hogshead-Maker, who has been a strong advocate on that front. “Specifically, she stated that four coaches testified that they saw the accused coach massaging swimmers, which is a violation of the code. Yet she didn’t consider this to be evidence; she considered testimony of young athletes making such assertions necessary, before proceeding on ‘inappropriate touching’ counts. In addition, she consistently looked for rationales to not follow up on testimony or complaints, rather than reasons to follow up on it. Finally, she didn’t examine or consider motives of those proffering witness statements, prepared by outside counsel, didn’t question the motives of attorneys that could have been colluding, and didn’t consider how two cases might interrelate.
 
“McRoberts has good academic qualifications, but like Susan Woessner, she comes from inside the pool, so to speak.”


 

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