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The Franchise Tag Must Die

Honestly, the Franchise Tag is starting to tear teams apart. February marked the beginning of Franchise Tagging Season, and even though no more players are being tagged, the NFL is still feeling the effects of disgruntled tagees. For more information about what the Franchise Tag is, click here.

There is good argument that the Franchise Tag is antiquated and should be abolished, but I blame a lot of tagee unhappiness on Nate Clements and Todd France. If you remember, back in the beginning of March, France got his client (Clements) an 8-year $80 million deal [In-Depth Look At The Nate Clements Deal]. Clements has never been in the playoffs or been invited to the Pro Bowl, but France knew that he could get good money for his client. He made sure that Clements’ former Franchise Tag with the Bills was only valid for one year, thereby allowing the 49ers to shell out massive amounts of money to Clements this year.

What is another (better) player supposed to think when he is being Franchised by a team for less money and can do practically nothing about it? Lance Briggs was extremely upset by the Bears tagging him and still demands a trade [The End Of The Franchise?].

Who is the newest member of the Franchise Tag Fan Club Bashers? Asante Samuel of the team that just acquired Randy Moss, formerly known as the Patriots. He plans on sitting out the first 10 weeks of the regular season and will not report to training camp [Disgruntled Patriots corner Samuel sits out minicamp].  Fully expect Samuel to sit out at least until July 15th, when he can sign only a one-year deal and cannot have his contract extended until the regular season ends. 

Here we see a repeat of the Nate Clements deal, but is this good for the NFL?  Definitely not, and this is something that you can expect to see in the future unless the Franchise Tag is altered or done away with.

-Darren Heitner 

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.

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