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Holding Out For A Hero?

On June 29, I Want to be a Sports Agent contributor Paul Schackman wrote a Rookie Holdouts post, where he declared that “It is almost a guarantee that Jamarcus Russell will start this season, whether is it week 1 or three weeks in.” 2 months and a few days later, it looks like Mr. Schackman may have underestimated the will of Russell and his representation. In fact, it looks like Paul got it all wrong. Brady Quinn’s immediate future looks much more promising than Russell’s.

As long as Russell does not sign a contract with the Raiders, he does not count towards the team’s 53-man active roster. At least the Raiders are finally making headlines for something. The franchise just eclipsed a mark set by the St. Louis Rams when it took the team 33 days to reach a deal with 1997 first-overall pick, Orlando Pace [Around the League: Russell makes history]. As of today, September 4th, Russell is up to 40 days of holding out. It seems like he really wants to make history, Barry Bonds style.

Another holdout discussion includes the friendly gap-toothed Michael Strahan. Strahan held out of camp for 36 days, but unlike Russell, he had to pay a fine for taking such an action. On July 27 of last year, I mentioned that the NFL had increased its fines on veteran holdouts to approximately $14,000 per day, which is a $9,000 increase over the former penalty [NFL Holdout Fine Increased]. Strahan will not have to pay the $514,368 that he currently owes to the Giants, but reports indicate that he will be paying a big chunk of the fine [Strahan ends holdout after incurring $514K in fines].

Should we as the media be criticizing these holdouts, though? This goes back to an issue that I brought up over a year ago [NFL Holdouts]. Russell has his reasons for holding out and Strahan had his own. Should we criticize them for their absence from the field without looking deeper into the reasoning behind their holdouts? Remember that as an agent, you must do what is best for your client. If that means garnering some bad initial publicity, it may still be worth it.

-Darren Heitner

p.s. –  I will be on a live feed today (Sept 4th) at 1 PM EST with sports radio host, Adam Taxin, on wnwr.com (and, if you’re in Philadelphia, on 1540 AM WNWR).  Check it out!

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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