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Mississippi The Next State To “Crack Down” On Sports Agents

“If Mississippi ever wins a Heisman trophy, we want to keep it” – Mississippi Secretary of State Delbert Hosemann

That quote was taken from an article written by Jerry Mitchell of the Clarion-Ledger, who wrote about a new Mississippi law that will supposedly “provide greater accountability to sports agents…and will bring more responsibility to the recruitment process.”  I am not sure what will take longer – actual positive change to the way that sports agents are regulated or a player in Mississippi winning a Heisman trophy (I hope the Secretary of State realizes that neither a state or team can win the trophy).

I am not a big fan of the new law (are you surprised?).  Here is a list of some changes:

  • Agents have to notify the school before soliciting its athlete, relative, “or anyone living in the same place.”  Typically schools have a policy of requiring agents to notify them before soliciting one of its athlete.  Attaching a potential civil and/or criminal penalty at the state level is uncalled for.  What exactly is the harm in a violation?  I would argue that due to the harmful influences at some schools, it would at times be beneficial to not make it a requirement that the agent provides an advance warning.
  • Agents have to register with the Secretary of State prior to signing a student-athlete.  Gone is the 7-day window that agents used to have to sign the player and then get registered.  This will prohibit many of the smaller agents who would like to at least see if they have a chance at signing someone before forking out money to become registered.
  • Criminal penalty of up to 2 years in prison.  At least it is not Texas jail time (up to 10 years) or Tennessee jail time (up to 6 years), but it is still jail time, and I am not sold that the punishment fits the crime as long as there is any jail time associated with the unwanted acts.
And what about the outright praise of Bus Cook by Mississippi State football head coach Dan Mullen?  Mullen stated,
“I don’t worry about Bus [Cook] trying to illegally contact players or do something wrong because he’s going to do it the right way, and he handles his guy the right way afterward.”
Have you ever heard a college coach so directly support a particular agent in the past (that was not his own agent)?  But go ahead and make all agents notify the school before they solicit that school’s athletes.

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.

2 replies on “Mississippi The Next State To “Crack Down” On Sports Agents”

I do not agree with you Darren and hear is why. I feel like the NCAA lacks accountability and responsibility with sports agents. Young kids idolize these players who perform and they need to set good examples. There should not be any illegal contacting when recruiting these students athletes. This puts the player’s career in jeopardy and gives the school a bad reputation. College athletes are adults so they should act civil and follow the rules. If they break the law, they should do equal time just like anyone else. There should be no exception to athletes.

I agree that if agents are to be punished for an act that also involves the athlete, the athlete deserves to be punished as well…but does Mississippi’s new law do that? I haven’t read anything to suggest so.

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