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Looking Into Potential Improper Inducements By Boras Corp.

Scott Boras‘ company might have exploited Dominican Republic talented baseball players by giving them and their families loans and other payments in return for a better chance to represent the players and earn back the money paid out, and more, through the commissions received on their signing bonuses.  Scott Boras and his company would stand to make much more money off of the players if they made it to the Majors, earned more than minimum salary, and kept Boras Corp. as their agency for representation.

But what we really care about here is that these disbursements might contravene MLB Players Association Rules and Regulations.  If the loans were registered with the union, then the MLBPA would move on.  But if Boras Corp. did not first consult with the union regarding these loans, there could be consequences for the company’s prior actions.

As always, my colleague Gabe Feldman, head of the sports law department at Tulane Law School, has some insightful comments on the matter.

“You worry that these agents are gaining ownership over these prospects.  And the prospects then feel so indebted to the agents that the prospects feel that they cannot leave the agent for another.”

And I agree.  But instead of talking too much about the exploitation of innocent Dominican players, let’s stay focused on the MLBPA Rules and Regulations, which Boras and his team of lawyers should be combing over a few times this holiday weekend.

The MLBPA Regulations Governing Player Agents were amended as of October 1, 2010.  Unfortunately, I do not have a good uploaded copy of the old Regulations, which would have been the regulations that Boras Corp. was operating under when it provided any money to Dominican prospects.  The new Regs may be found at the end of this post.  Pay specific attention to Pages 20 and 21.

These rules state that no money or other thing of value may be provided to a player, or any person related to the player, for the purpose of inducing or encouraging the player to use or continue to use any person’s or firm’s services as a Player Agent, Representative, or Draft Advisor.  Read everything that follows that statement and quickly see that this issue could become one of interpretation.  My money is on Boras coming out of this unscathed.

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.