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Gilbert Arenas Has A Lot Of Free Time To Tweet

Gilbert Arenas does not like to be told when to shut up.  Perhaps that’s one reason why he has decided to not hire a sports agent (in case you did not know, Gilbert signed and negotiated his own contract with the Wizards).  But agents are known to taken on more roles than only negotiating contracts on behalf of their players.  One area that agents may aid their clients is in media/public relations.  Arenas could have used someone like that in his corner this past week.

Yesterday, Arenas was suspended indefinitely from playing in the NBA.  David Stern used the old “not currently fit to take the court” justification.  Article 35(d) of the NBA constitution lays out Stern’s powers in this circumstance (emphasis added):

(d) The Commissioner shall have the power to suspend for a definite or indefinite period, or to impose a fine not exceeding $50,000, or inflict both such suspension and fine upon any Player who, in his opinion, (i) shall have made or caused to be made any statement having, or that was designed to have, an effect prejudicial or detrimental to the best interests of basketball or of the Association or of a Member, or (ii) shall have been guilty of conduct that does not conform to standards of morality or fair play, that does not comply at all times with all federal, state, and local laws, or that is prejudicial or detrimental to the Association.

Seems pretty broad, right?  It was meant to be that way.  Maybe Arenas will file a grievance.  Under Article XXXI of the NBA Collective Bargaining Agreement, an arbitrary and capricious standard of review would be used as long as the Grievance Arbitrator finds that there is just cause for the penalty imposed.    That’s a tough standard to meet.

But why did it have to get this far in the first place?  Could an agent have possibly prevented this public relations nightmare?  Jason Wolf says yes, but that it would not help much in dealing with the law.  We can’t keep our clients out of prison after they have committed a wrongful act, but we might be able to save them from making the situation they find themselves in even worse.  We can at least try to stray them away from using Twitter for the wrong purposes.

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.

2 replies on “Gilbert Arenas Has A Lot Of Free Time To Tweet”

Somewhere former NBA Deputy Commissioner, Simon Gourdine, must be shaking his head right now. Not too long ago the NBA was considered “too black” and “drug infested” to ever reach mass appeal. Current players have reneged on their obligation to be ambassadors for a league built by Dr. Jr, Bird, Magic, and Jordan. For the best write-up of the Arenas situation go here: http://clicky.me/7lz

There is not doubt that any agent would have been able to tell AgentZero to stay on the downlow…but you gotta believe that someone close to him had his best interests in mind told him to stfu and he ignored it. I don’t think guns owned by NBA players is a big deal…they are some of the most easily identified multimillionaires out there…but leave them in the car!!! You are not going to be held up inside the patrolled player parking lot.

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