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Brandon Marshall Is Highly Paid, But Maybe Not Highest Paid WR

Did you know that there is a clause in Brandon Marshall‘s contract that says he will earn a $2.7 million roster bonus in 2014 if he participates in 95%+ of Miami Dolphins Special Teams plays in 2010?  As of right now, I would say that there is a 0.00001% chance that Marshall actually benefits from this incentive clause.  So why would something like this be put into a contract?  To make Ken McGuire of MS World look good.  That’s the only reason I can think of.

The Richmond, Texas based agent must be thrilled that Brandon Marshall was traded and that he was able to negotiate a new contract for his client.  He’s probably not happy that Marshall is in shark infested waters (a.k.a. Drew Rosenhaus’ backyard), but he will live with it for now.  Anyway, MS World characterizes the deal as a 4-year, $47.5 million contract extension, which includes $24 million guaranteed.  The company’s website claims that Marshall is now the highest-paid receiver in NFL history.  Mike Florio of ProFootballTalk.com disagrees.

He says that the contract is worth $47.3 million over 5 years and that we should completely disregard the phony Special Teams clause.  He also isn’t too fond of the idea that,

If the Dolphins decide before April 2, 2011 that Marshall isn’t who they thought he was, they can walk away, possibly without paying Marshall another penny.  Prior to April 2, 2011, he has only $3 million in future guaranteed money that already has been unlocked.  But the contract contains offset language; if they cut him and someone else pays him $3 million in 2011, the Dolphins are off the hook for the balance of the contract.

While Marshall signed a great deal and McGuire probably did some excellent negotiating with the Dolphins, it is important to look at the beef of the contract instead of merely the “overall figure” that is thrown at you immediately by the major press entities.

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 “Brandon Marshall Is Highly Paid, But Maybe Not Highest Paid WR”

ha, I was listening to sports radio this morning and that is exactly what they said about why that incentive is in there. how often do you think agents negotiate incentive clauses like this one in the contract when they know that there is almost no possiblity that it will occur?

It makes the agent look good because what is usually reported is the “total amount” of the contract. I assume that agents try to cover it up a little better though.

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