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The NFLPA Has The Power To Take Action Against Agents Right Now

The NFLPA Regulations Governing Contract Advisors is a 54 page document that talks about everything from NFLPA Contract Advisor Certification to how to remain as an NFLPA Contract Advisor by adhering to the standard of conduct.

Section 6 of the Regulations is titled, Oversight and Compliance Procedure.  The committee in charge of agent regulation and discipline is called CARD.  The Committee is authorized to prosecute disciplinary procedures against Contract Advisors who violate the Regulations.  Robert Smith, a former running back for the Minnesota Vikings and current CARD member, recently said,

“I wish we could do more and move faster to get these morons out of there.  It has been a real hassle.”

But instead of wishing, perhaps Smith should read the entirety of Section 6 of the Regulations, specifically Section 6(B), which is titled, Complaint; Filing.  It is Smith and the rest of CARD that should be proactive, because disciplinary proceedings are initiated by the Committee upon filing of a written Complaint against a Contract Advisor.

And then there is the extraordinary circumstances clause.  It states that where CARD’s investigation discloses that the Contract Advisor’s conduct is of such a serious nature as to justify immediately revoking or suspending his Certification, CARD may immediately revoke or suspend his Certification with the filing of the Disciplinary Complaint or thereafter.  The Contract Advisor is then entitled to an expedited appeal of that action.

Will the NFLPA use this clause against Gary Wichard?  If Smith and others in CARD has credible information about Wichard or any other agent, will they use the power that they have to finally take some action against the unscrupulous agents?

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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