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Sports Agents

Fiduciary Duty

Looking over the history of posts on this blog, I was surprised to find very little content relating to an agent’s fiduciary duty to act in the best interest of his/her client at all times.  Fiduciary duty is a term which means that there exists a special relationship where trust, confidence, or responsibility to others in certain circumstances.

Sports Law Blog points to an example of where an agent is being sued for beach of contract and breach of fiduciary duty [Golfer’s Suit Against Agent Heating Up].  Golfer, David Toms, is looking to break his contract with his agent (David K. Parker of Links Management Group, LP located in Plano, Texas) and gain compensatory damages with interest.  For a complete list of reasoning on why the fiduciary duty was breached, head on over to the external link above.

Toms believes that his agent’s actions have made his game suffer…or maybe he just does not want his contract with his current agent to be automatically renewed at the end of this year… [David Toms sues his agent].

[tags]david toms, agent, sports agent, golf, fiduciary duty[/tags]

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.

2 replies on “Fiduciary Duty”

[…] Sports Agents should take this as a wake up call. Representing an athlete does not start and end with your client’s on-field struggles. It should continue once the player is retired. Along with suggesting reading material to your clients (like OT Magazine) and referring them to financial advisers, an agent should be alongside their players whenever needed. Not only will commissions still be made, but it falls into the fiduciary duty to do whatever you can to benefit your client. […]

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