Categories
Headline Sports Law

California Hearing Considers Effectiveness Of Athlete Agent Law

Last week, the Select Committee on Sports and Entertainment in the California State Senate held a hearing titled, Protecting Student Athletes from Unscrupulous Athlete Agents at the Los Angeles Coliseum to discuss the state’s athlete agent law known as the Miller-Ayala Athlete Agents Act, and what, if any, changes should be made to the law.  Speakers included former NFL receiver J.J. Stokes, Ramogi Huma of the National College Players Association, former NFL agent Josh Luchs, Los Angeles City Attorney Carmen Trutanich, USC vice president for athletic compliance David Roberts, and Marc Isenberg, author of Money Players.

The hearing was a part of California State Senator Kevin de León’s effort to get a new bill passed (it has already passed through the Senate), which he hopes will improve the enforcement of the athlete agent laws created initially by the Miller-Ayala Athlete Agents Act.  Specifically, the new law will force agents who violate its provisions to relinquish any money received or owed if connected to the violation.  Like many athlete agent laws created across the United States, California’s law has never actually been used to charge an agent since its creation in 1996.  A new law may have stricter penalties, but without proper enforcement, who really cares?

Gary Klein of the Los Angeles Times recorded some good quotes from former agent Josh Luchs.

Luchs, who in a Sports Illustrated cover story detailed how he paid players early in his career, compared NCAA rules to Prohibition — “As long as you have 1920s Prohibition, you’re going to have bootleggers,” he said — and told De Leon that financial advisors, marketing agents and their representatives, or “runners,” must also be held accountable.

“Everybody is a potential runner — and that includes coaches and family members and players on the team,” Luchs said.

But the best line of the event must have come from LA City Attorney Trutanich when he stated, “If you’re a sports agent, understand the cavalry has mounted.”  I am sure that many of you will believe it when you see it.  The more accurate statement was probably made by David Roberts – “Until there is a situation where an agent is the subject of a major civil award or criminal conviction, it’s not going to stop.””

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 “California Hearing Considers Effectiveness Of Athlete Agent Law”

We are looking for board members and staff to help us oversee an organization that will be able to withstand public scrutiny and legal implications for what we hope to do in the long term.

Comments are closed.