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States Focused On New Athlete Agent Legislation, Not True Regulation

The latest regulatory trend concerns states pushing to “strengthen” their athlete agent laws.  This push is probably based on increased media attention paid to student-athletes receiving money and other benefits from sports agents.  The article that was likely read by every Sponsor of a piece of legislation to enhance athlete agents laws is Sports Illustrated’s Confessions of an agent.  It named 30 former college football players who supposedly received money and/or other benefits from agents.

I applaud the state legislators like Rep. David J. Sanders in Arkansas and those in the state of Oregon who care enough about the problem of inducements offered to student-athletes by sports agents, to propose changes within their states.  However, I think that these individuals have mostly missed the boat, which could end up harming true worthwhile reforms.  In a vast majority of states, athlete agent laws already exist.  In the states where they do not yet exist, legislators need to propose legislation based on the Uniform Athlete Agent Act (UAAA).  But if states with existing athlete agent statutes think that new legislation with harsher punishments for violators will serve as a noble deterrent to unscrupulous agents who will do almost anything to gain an edge over the competition for highly touted rookie players, they are certainly mistaken.  A deterrent is a state putting a sports agent in jail for ignoring its existing laws (see: Alabama).  A non-deterrent is beefing up an existing statute while failing to do something about a top tight end who had to sit out his senior season in 2010 (see: South Carolina).

South Carolina Sen. Joel Lourie is another legislator who really has fantastic intentions with regards to the protection of student-athletes and institutions of higher education within his state.  However, he has fallen into the same trap as many other congressmen throughout the country.  He believes that tougher athlete agent laws in his state will help regulate illegal contact between athletes and agents.  But most states already have the tools to regulate the illegal conduct under consideration.  Why wait?  Why not enforce the laws currently on the books?

Let it be known that I have nothing against the new legislation making its way through state legislatures.  However, the mere suggestion that the passing of new legislation will serve as some deterrent is a complete joke.  The only way agents will be deterred from ignoring laws is to actually enforce them.  Regulation is controlling through rules and regulations, not creating additional rules and regulations.

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.