Categories
Coaches Headline NFL Players Sports Agents Sports Law

The NFL Should Look Into The NBA’s Conflict Of Interest Regulations

Many NFLPA certified Contract Advisors are severely conflicted between representing players and the coaches and/or front office NFL team personnel.  No agency might be more conflicted than the newly formed SportsTrust Advisors, which is the result of a merger of Jimmy Sexton’s Athletic Resource Management (ARM) and Pat Dye, Jr.’s ProFiles Sports, Inc.

No issue when they are negotiating a contract for Phillip Merling, a Miami Dolphins players, and Sexton/Dye are also Bill Parcells’ agents?  What about working on a deal for Calvin Pace or Tony Richardson while they have Rex Ryan as a client?  On top of the issues surrounding conflicts of representing both sides who are at least some part of a negotiation, there are questions regarding coach clients potentially giving preferential treatment to their agents’ clients over other agents clients and/or providing any type of help to their agents in the recruitment of new clientele.

These conflicts are not only a concern with SportsTrust Advisors.  Many other agencies represent NFL team executives, including head coaches, and NFL players.  This dual representation is currently permitted by the NFLPA as long as there is full disclosure of all entities represented to each client.  But should it be allowed in the future?

The NBA takes care of the aforementioned potential conflicts by forbidding agents from representing coaches and players.  The NFLPA should do its due diligence and seriously look into adopting similar regulations to root out conflicts of interest.

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.

One reply on “The NFL Should Look Into The NBA’s Conflict Of Interest Regulations”

This has always been an ehtical issue. I hope that this issue will be regarded as one essential to real “agency” work.

Comments are closed.