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Headline Sports Law

NCAA Amateurism Cabinet Seeks To Expand Definition Of Sports Agent

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In the past year, states like Tennessee, have taken great efforts to expand their definitions of “sports agents” within their respective athlete agent laws.  Whether or not new states’ legislation will actually bring a change to states’ enforcement of the regulations remains to be seen.

Last week, the NCAA revealed that it too has begun seriously considering an expansion of its definition of athlete agents.  The NCAA’s Amateurism Cabinet’s proposed changes to the NCAA’s athlete agent definition actually closely resemble the changes made in the state of Tennessee.   The Amateurism Cabinet wants to increase the scope of its athlete agent definition to include the following entities:

1. Anyone who represents or attempts to represent a prospective or current student-athlete in the marketing of his or her athletics ability or reputation for financial gain; or

2. Anyone who seeks to obtain any type of financial gain or benefit from securing a prospect’s enrollment at an institution or a student-athlete’s potential earnings as a professional athlete.

Also like Tennessee, the NCAA is concerned about runners, marketing representatives, financial advisors, and the Cam Newton Loophole.  And it also has a similar “Will Lyles provision” – The cabinet’s proposal expands the definition to include people marketing athletics skills to a collegiate institution for personal gain.  However, the NCAA has made it clear that the personal financial gain will have to be significant enough to warrant the the attention of the NCAA.  Subjective, but I guess some leeway is necessary.

If the NCAA’s Division I Legislative Council approves the Amateurism Cabinet’s athlete agent definition proposal, it will then go up for final approval in April 2012.  If approved, it will go into effect immediately.  Thus, while the new definition will certainly have no role in the 2011-12 NCAA seasons, it could start to have some influence on collegiate sports immediately thereafter.

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.