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Sports Business

This Is Family Business

When I reported that Mark Sanchez selected his brother Nick to be his NFLPA certified representative in contractual negotiations, there was a great follow-up discussion in the comments section regarding whether or not it should be a concern that Mark picked a family member to serve as his agent.  Commentator, Tony, had this to offer:

I have to agree with Darren that this is a bad idea! Not because brother Nick can’t handle the details of representing a professional athlete, but rather because mixing business with family always impacts the nature of the family relationship. There will be disagreements, fallouts, and possibly a breakdown in family matters – I don’t think it’s worth the risk.

So let’s take this discussion one step further.  Instead of having to make a decision of whether or not you should represent a family member, what do you feel about starting a sports agency with a loved one?  Drew Rosenhaus and Jason Rosenhaus (brothers) run Rosenhaus Sports Representation.  Shawn and Scott Smith (wife and husband) own X-A-M Sports.  Scott is the President and is NFLPA certified, while his wife, Shawn, serves as Vice President of Marketing & Media Relations.  Along with a few other employees, X-A-M Sports represents clients as big as Ike Taylor, Kevin Boss, and Jim Leonhard.  Not too bad for an agency located in frigid Madison, Wisconsin.

Shawn and Smith run X-A-M out of the basement of their house and even named their agency after their son, Max (X-A-M is M-A-X backwards).  And back to the whole family business issue…

Shawn said she doesn’t feel uncomfortable working so closely with her husband all day.

“I know it’s not for everybody,” she said. “It never crossed my mind that it would be an issue.”

So what do you think?  It seems as though the Rosenhaus’ and the Smiths have had success in their family-run sports agencies.  Would you encourage other families looking to break into the business to follow suit and do it as a team?

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.

8 replies on “This Is Family Business”

Hey Darren I talked to you over the phone about this when you were with my Dad during the super bowl. I still stand by what I said and that is I personally would not encourage other families to enter this business as a team. They always tell you to never mix work and relationships and this is a “FAMILY” relationship. There are many hazards that can stress the relationship such as resentment and frustration about business issues, household chores or money problems, communication problems and disagreements about how to manage the business. Here are some questions to ask yourself: How can you tell your spouse they made a bad business decision? what about If you have an argument at work, do you bring it home? Also, can you really fire your spouse if they are hurting the company? Take care Darren!!

Darren, your recent posts are awesome – great topics covered and terrific insight. Keep up the great work. Any idea where Rulon and Kevin might get drafted? Are the baseball clients you are advising in high school or college?

Thanks a bunch. Various analysts have Rulon being taken mid to late rounds. Kevin Grant is currently projected as a late round/free-agent pick up. I don’t put too much into those projections, though. They still have their Pro Days and individual team workouts to attend. I know just from seeing Kevin in his workouts, he has a lot to prove at his Pro Day. The baseball guys are both high school and college.

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By Post Author

Blood is thicker than water! When an Athlete\Agent contract is signed you become family anyway. I think that it is cool that these family’s make it work. I would love to be that close to my family on a daily basis.

I know I am going to catch hell for this…
Jessica Simpsons Dad\Agent is a great agent.

I think this all depends on the family relationship prior to the business dealings. If you are close-knit, then you can definitely make it work. If the bond is forced for the sake of business then it won’t work in the long-term.

At the end of the day, each case is different. I salute Mark for his decision and I think more athletes should go this route. There are many details that may require a lawyer or someone with more experience to handle, but for the most part, you don’t need to pay someone millions of dollars to basically be a personal manager.

Hiring an agent is more of a tradition for someone turning pro, than it is a need for career guidance. if you have a family member that can handle your business, thats great… if you find a great agent, that’s cool as well… but all agents are in the business for money and that should have athletes somewhat alert.

follow @jonraff on twitter

Jon,

I agree we are in this business to make money. I think even if I was representing my brother, I would still be hoping to make something for myself. I think that if Marks brother is able to adapt and learn fast he will earn business from his brothers colleagues; that could potentially be very lucrative for him.

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