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America’s Staple Sport On The Verge Of Crisis?

Matt StoverGene UpshawMaybe not crisis, but the NFL and the NFLPA better get their act together before the major press entities start uncovering more information about what is going on behind the scenes of American football. Let’s start with the internal union issue.

Gene Upshaw has always had his critics. Many think that he does not do enough to ensure fair compensation for retired players. Others think that he has been stubborn and not promoted policies to allow for greater care of players on the field, where they are prone to massive concussions. Whatever your beef may be with Mr. Upshaw, it seems like he is on his way out. But should the public really be gaining this information via the Baltimore Ravens place-kicker? Not only that, but Kevin Mawae, the new active-players leader, refuted Stover’s letter, saying that there are no plans to replace Upshaw. More disagreement followed when Brian Dawkins seemed to back the idea that there is currently a search for Upshaw’s replacement. What does a PR expert like my pal Joe Favorito think about that? This should all be happening behind the scenes. Honestly, you and I should not have any idea that any of these talks were going on unless we represented one of the players involved in the decision making process.

Now might not be the best timing for such information, either. I cannot believe that news of a possible Upshaw ouster can help the recent press about the NFL possibly heading toward a lockout at the end of the 2010 season. 130 NFLPA registered agents have been formally warned that the CBA may end two years early, with the possibility that it won’t be renewed or replaced in time for the 2011 season. It would also make the 2010 season an uncapped year. Hear that? No salary cap in 2010. It’s not official yet, but agents need to be kept on guard that talks are going on behind the scenes.

Problems with unity within the players’ union and the possibility of a lockout coming out at the same time. What’s going on with America’s sport?

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.

5 replies on “America’s Staple Sport On The Verge Of Crisis?”

The mere fact that the owners want to back out of the CBA should be testament to Upshaw’s ability to negotiate on the players’ behalf. The point about former players is valid; yet the benefits current players receive borders on the supremely lavish.

I think it comes down to veteran players wanting a rookie scale like they have in the NBA, so that the veterans aren’t cut or won’t have their salaries cut so that their teams can sign a first round pick to an outrageous salary before they ever take the field. Obviously I think they also care about the retired players, but I think the veteran v. rookie salary issue is the main issue we’ve got going here. I am not a football business expert (basketball is my bag), but it seems pretty obvious to me that is the issue we have going on here. Early round rookies get big guaranteed money, while veterans are always worried about getting cut to make room for those guys.

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