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What Are These Waters Being Tested?

With the end of the college basketball season every year comes a rush of student-athletes declaring that they are going to test the waters regarding entering their names in the NBA Draft.  This year is special, as many people believe that it could be the last season before the NBA owners lockout, jeopardizing at least the 2011 season.  A lot of players who would not normally be testing the waters are throwing their names into the pool.  Those who test the waters will not sign an agent.  Doing so would automatically shed their student-athlete designation, rendering them professional athletes, and barring them from ever playing another college game that counts.  These water testers have until May 8 to figure out their draft stock before they must decide whether they will keep their names in the draft or return to school.  After May 8, you either swim or drown…testing is no longer an option.  Also, players who have not yet decided to declare for the draft and test the waters have until April 25 to do so.

So when you hear a guy like Alex Tyus from my alma mater, University of Florida, has entered the NBA Draft, don’t immediately start screaming “What the hell is he thinking?!?!?!”  Tyus is most likely waiting to receive some draft grades, and my guess is that he will return to school.  Thus, he won’t hire an agent and will just test the waters for now.

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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