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Book Review: Never Make the First Offer

A fairly common question that I receive from people interested in learning more about the sports agent business, is who are some of the people I look up to as mentors in the profession.  One name that I cannot leave off that list is Donald Dell.  I had the honor of initially meeting Dell as a first year law student, when he came to visit the University of Florida.  He was undoubtedly there to meet with Joakim Noah and Corey Brewer, who are now clients of Dell at Blue Equity Sports Entertainment  (BEST), but was gracious enough to stop by the law school to give a speech to the student body.  Last year, I once again had the opportunity to chat with Dell at the 2008 Princeton Sports Symposium.  My best discussion with him to date, may actually have been a one-way communication, and he did not even know he was speaking to me.  I just finished reading an advance copy of his book that is scheduled to come out September 1, Never Make the First Offer, and will probably take it with me on every future business trip.

I am going into my 3rd and final year of law school, and will finally be able to take classes that I am extremely interested in.  One of the classes that I will be taking this fall, is Negotiation & Mediation.  I think I will have a leg up on my classmates after reading Never Make the First Offer, but then again, there are no winners or losers in a negotiation.  I learned a lot from reading Winning With Integrity by Leigh Steinberg, but cannot say that it has affected my thought on negotiation in the same fashion as Dell’s new book.  Dell gets into fine detail about many of his former negotiations involving big names like Michael Jordan, Andy Roddick, Jimmy Connors, and even FedEx, and shares his advice on how to effectively navigate the process to ensure short and long term success for all parties involved.

The advance copy that I read is less than 200 pages, extremely easy to read, and is great pool deck material.  That said, it is something you don’t want to get wet, because it should sit perfectly on your business desk.  My one beef with Never Make the First Offer, is that for all the talk of Michael Jordan, Dell never gets into the story behind the mess between Jordan, Dell, and one-time Dell employee, David Falk.  I figured at least something would be said after Falk downed Dell, but then again, Dell’s best strategy may be to ignore it and move on.

This past weekend, Donald Dell was inducted into the International Tennis Hall of Fame.  I’d like to congratulate him on this amazing honor and wish him well as he continues to develop a powerhouse at BEST.  I am positive that we will meet again soon, and cannot wait for the opportunity.  At least his book will always be by my side.

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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