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Andy Oliver Part II?

James Paxton

When I first reported on Andy Oliver back on June 2, 2008, no one had heard of him.  Since then, he has made national headlines in every major paper for his lawsuit against the NCAA, which eventually was settled for$750,000.  The antiquated NCAA Bylaw 12.3.2.1 was voided, only to be re-established by the settlement.  It looked like the NCAA would finally receive a blow, but the settlement allowed the organization to remain unscathed ($750,000 is pennies to the NCAA).

Many would say that the NCAA has gone back to its usual tactics of ignoring the rights of student athletes in favor of doing whatever it pleases.  One person who agrees with that statement is Richard Johnson, the attorney who represented Andy Oliver in his lawsuit.  Johnson also has the pleasure of representing another student-athlete who has a solid claim against the NCAA.  This player’s name is James Paxton, and he may have a stronger case than Oliver had.

Just as Oliver was a standout pitcher for Oklahoma State, Paxton is the #1 pitcher for the University of Kentucky.  Oliver was informed of his violation before the NCAA laid down a penalty.  Paxton was not as fortunate.  A University of Kentucky employee basically told Paxton that he would have to sit out from playing and would lose his financial aid if he refused to meet with NCAA investigators for a violation that the NCAA would not disclose.  The employee informed Paxton that when a basketball player cooperated with the NCAA, he only received a 6-game suspension instead of having to sit out the entire year.  Recently, UK has stated that Paxton will not have to sit out.

Paxton was drafted by the Toronto Blue Jays in the Supplemental First Round (#37 overall), largely due to his fastball, which has been clocked up to 98 mph.  He decided to come back to UK for his senior season instead of signing for the offer presented to him by the Blue Jays.  In all likelihood, the NCAA investigation surrounds Paxton’s actions regarding the draft.  Did his advisor have direct contact with someone in the Blue Jays organization?  His advisor was the same man who most recently represented Andy Oliver: Scott Boras.  Boras has already said that he is compliant with NCAA rules and regulations.

“We are compliant with the NCAA rules by mandate,” Boras said. “We have to go to families and charge them for information that we would otherwise not charge for. And we have to go through the bailiwick of having the parents deal with the teams through our counsel, which is crazy.”

The most shady part of how the NCAA has handled this thus far is that the NCAA told Paxton to keep the investigation hidden from his parents and lawyers.

Enjoy the Memorandum in Support of Plaintiff’s Motion for a Temporary Injunction, replicated below.

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.

4 replies on “Andy Oliver Part II?”

You know, being a successful sports agent is my ultimate goal. However, sometimes I wonder about the nature of the business. I have a pretty good idea of how it works. However, the agents that I see that are so successful (Boras, Rosenhaus, etc) always seem to have some illegal allegation against them for violating policy. This goes also with the NCAA and the leagues.

My point here is that I feel like the only way these great agents have the huge success that they have is because they “may” engage in unethical practices. (Not saying that they do).

I’m 100% sure that there are good guys out there but it’s just something that makes me think. I am by no means open to being a cheater in the business, that’s just not me.

I guess the truth can never be known so I’ll just run with my personal policies and see where that gets me.

The NCAA is corrupt as hell. What will it take for somehow to take this monopoly down? Unfortunately, the best known lawsuit against the NCAA include 2 African-Americans (which sadly the average American won’t care about at the same level as a white athlete) who were “trouble makers” on their football team. Neither had mass appeal across the nation which they could use to build support to override dumb NCAA laws. The fact that Clarett had been in trouble with the law previous to his lawsuit didn’t help. I really, really hope that a “clean cut” player beloved by ESPN/CNN will someday sue the NCAA. Someone needs to reveal the truth about the NCAA and remove the mirage that the NCAA gives a damn about the “student” athletes.

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