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Sports Law

CAA’s Todd France Scores Win In Case Concerning Kenny Golladay

NFL agent Todd France of Creative Artists Agency prevailed against a rival agent Jason Bernstein through the NFL Players Association’s arbitration process. Typically, these decisions are confidential and outside the purview of the general public. However, this case has now been made public by virtue of a federal court filing that seeks to have a court confirm the arbitration award.

The filing, made in a Virginia federal court, is essentially France asking the court to confirm that he does not owe any of the $2.3 million that Bernstein sought in the underlying arbitration.

“Via the award, the arbitrator entered a reasoned decision in favor of France and against Bernstein, and which, among other things, completely exonerated France of any of the misconduct or regulatory violations alleged by Bernstein in his grievance,” states the petition to confirm the arbitration award.

The dispute surrounded Bernstein’s allegation that France interfered with Bernstein’s representation of NFL wide receiver Kenny Golladay and whether France improperly provided or offered money or any other thing of value to Golladay to induce or encourage him to switch to France as his agent of record. The alleged improper inducement revolved around Golladay being compensated for a private autograph signing of sports memorabilia, which was also the subject of a separate case brought by Bernstein.

The testimony presented at the arbitration hearing was that Golladay approached France at a charity event, asked if France was an agent at CAA and asked France for his phone number, indicating that he intended to change agents. Golladay decided to terminate his business relationship with Bernstein and hire France in December 2018. The termination actually occurred in January 2019.

With regard to the improper inducement claim, France testified that he did not arrange the signing event, he did not attend the event, he was unaware of the event when it actually took place and never communicated with Golladay about the event, nor did he earn any compensation related to the event.

Because Bernstein brought the case, he was stuck with the burden of proof in the matter. The arbitrator found that Bernstein failed to sustain his burden to prove that France initiated communication with Golladay as opposed to vice versa. Additionally, it was determined that no evidence could prove that France was in any way involved with the private autograph signing that served as the foundation for Bernstein’s claim that an improper inducement was provided to pry Golladay away from him.

Perhaps the arbitrator’s opinion would have been different had important testimony been provided in support of Bernstein’s claims. However, per the order, many witnesses whom Bernstein subpoenaed simply failed to show for the hearing.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.