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A Discussion Of The October 2010 MLBPA Regulations Governing Player Agents

I am happy to announce that my newest law review article, In Baseball’s Best Interest?: A Discussion of the October 2010 MLBPA Regulations Governing Player Agents, has been published in the Spring 2011 Virginia Sports & Entertainment Law Journal.  The official citation to the article is 10 Va. Sports & Ent. L.J. 249 (type it into a Westlaw or LexisNexis search).

The following is the Abstract from the article:

This article argues that the Major League Baseball Players Association (MLBPA) Regulations Governing Player Agents (as Amended Effective October 1, 2010) are well intentioned, but unenforceable and not in the best interests of MLB players.  Part I of this article discusses the evolution of MLBPA Regulations Governing Player Agents.  Part II discusses the justification for establishing new Regulations in 2010.  Part III examines the new provisions written into the 2010 Regulations.  Part IV explains why many new provisions will be largely unenforceable by the MLBPA.  Part V discusses whether the 2010 Regulations are in the best interests of MLB players.  Part VI proposes a new set of provisions for the MLBPA to consider for future amended Regulations, how they should be enforced, and why they are more aligned with MLB players’ interests.

And this is the final paragraph:

We have no doubt in our minds that the MLBPA had good intentions when it drafted the 2010 Regulations, and we certainly believe that the MLBPA considered the best interest of the Players it has a duty of protecting. However, the Regulations themselves must strike a balance between expanding, to encompass all actors “representing” and “recruiting” Players, and ensuring that it has enough manpower to enforce the Regulations it promulgates. A piecemeal solution that does not cover all bases is no solution at all, and is not in the best interest of baseball.

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.