Friday Wrap-Up

Shabbat Shalom: Friday Wrap-Up (3/20/09)

geico kashI absolutely love the Geico Kash logo.  So Akron’s Pro Day was pushed back a week.  At first, I was upset.  Now, I realize that it may be a good thing.  Our guys will continue to eat well and train, and hopefully the change of date will allow more scouts to attend the Pro Day.  We continue to get some fantastic verbal commitments from high school and college baseball players and Austin is about to make some big trips to bring in solid basketball talent to our growing Basketball Division.  Little known fact: I was an all-county Volleyball player in high school.  It was nice to pick up a volleyball again for the first time in about four years, this past week.  I am captain of my law school’s Volleyball team in a competition against Med, Vet, and Dental schools next week.  Here are some stories I missed:




Sports Business

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.

11 replies on “Shabbat Shalom: Friday Wrap-Up (3/20/09)”

“An agent rarely wants to see his name in the press.” I guess Drew Rosenhaus doesn’t count… Bus Cook is trying to salvage an already mess situation spinning it so that the Broncos, read McDaniels, look like the bad guys. As soon as some team gives up a high 2 round pick Cutler is gone, the only issue is that do you want to P. Ramsey as the only QB on roster?

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I can think of a bunch of reasons. The major one being to generate business. The agent’s fiduciary duty specifically his duty of care also requires him to act, because non-action would be nonfeasance and is just as bad as over stepping. Bus is trying to stay out in front of this because his client’s side needs to be explained to the press just as much as the other side’s. I think that the agent’s duty of loyalty to his client is not called into question in most cases of self promotion by an agent. The agent is not usurping opportunities from his clients. Granted, there is a fine line between self promotion and becoming a distraction but in my opinion Bus is far from becoming a distraction. Instead he is displaying his vigor in which he will represent his client’s interests.

follow @JohnWPeterson on twitter

You mentioned many reasons, but they all go back to the one I raised: to benefit an agent’s clients. As long as the generation of new clients also serves to benefit those already on the client roster, then I’m all for it. Once there is a negative impact on current clients, one must stop. I am not saying Bus Cook is right or wrong in this situation, I just hope that his speaking to the media does not hurt Cutler or any of his other clients.

follow @Darren_Heitner on twitter

I mentioned only one: “generate clients.” I guess there can be two camps: “a few clients” or “a lot of clients”. Your approach to how you conduct yourself with the media will inherently differ for an agent with a lot of clients or one looking to increase his client list. Yes, you owe a fiduciary duty to all current clients and the duty of loyalty that comes with that can be violated if you are using your clients to self-profit, but speaking to the press to tell your client’s side of the story is not a breach. I don’t see how Bus Cook is doing anything but representing his client’s interests. I would love to see you point to an example of how Bus has negatively impacted Cutler. I understand that time will tell but the current article that ESPN published is basically a piece put together by Bus, Cutler and his PR team. It is tell Cutler’s side of the story in the best way possible through another person not at the center of the mess. Cutler could have given an interview but that may have been counter productive and created more resentment with the Broncos.

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I understand, I was just highlighting the situation that you were trying to make an example of. As for being careful about what you say, that is a basic fundamental of business or for that fact life considering the technology we have today. Twitter has made sure that your thoughts or comments can be posted seconds after they are said or had. The old saying “you can’t unring a bell” never holds more true these days. I also think that you should key in on the agency relationship with regards to the actual and apparent authority an agent has for speaking for the client.

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Apparent authority speaks for itself, but depending on the agency relationship between player and agent, the player may hand over the power of attorney, or at the least, authority to speak on behalf of the client, to the agent in the standard representation agreement.

P.S. – We don’t even realize the immense power of Twitter yet.

follow @Darren_Heitner on twitter

I hate to do this to you but your examples above: “but depending on the agency relationship between player and agent, the player may hand over the power of attorney, or at the least, authority to speak on behalf of the client, to the agent in the standard representation agreement,” are examples of actual authority. Apparent authority arises from the reasonable belief of third parties and subsequent reliance on that belief. No worries though.

Twitter is going to bring a whole new aspect to negotiations and behavior and moral clauses. That should be a topic for an article.

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