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The Chilling Effect Of The James Paxton Case

It took a while before mainstream media picked up on the Andy Oliver affair.  Eventually, Andy’s case against the NCAA made national headlines, but before any true damage was done to the NCAA’s practice of restricting the rights of its student-athletes, Oliver settled with the association for $750,000.  Now, there is a new athlete who is tired of the NCAA bullying him.  His name is James Paxton.  Here is some more information about Paxton’s case.  For a brief recap,

Paxton was drafted last year by the Toronto Blue Jays in the Supplemental First Round (#37 overall), but did not sign.  The NCAA is concerned that his advisor, Scott Boras, had direct contact with someone in the Blue Jays organization (against NCAA “no agent” rule).  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.  Paxton took this baby to court.

Last Friday, Fayette County Circuit Judge James Ishmael told Paxton that he will have to sit out of competition until he complies with the NCAA investigation.

The unfortunate consequence of all of this is that informed baseball players and their parents may read about this case and Andy Oliver’s case and say that it is not worth it to hire an advisor for the draft.  The fact that the NCAA is litigating these matters with such vigor will only serve to chill the business of qualified advisors.  In the end, the student-athletes, which should be protected by the NCAA, will end up hurt without the assistance of advisors who understand the business of the game of baseball.

Paxton is the only player picked in the top 100 slots of the 2009 MLB Draft who did not sign, so maybe the chilling effect is not far reaching.  However, even if only one or two student-athletes are affected negatively by the NCAA’s actions against Oliver and Paxton, it is more than what is acceptable.

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.

3 replies on “The Chilling Effect Of The James Paxton Case”

Are you sure Paxton was the only player not to sign in the top 100? Have a look at Matt Purke , Levon Washington, Jake Eliopoulos, Kenny Diekroeger, and Jake Barrett.

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