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NBA and Players Close To New Deal; Is Wilson Chandler Happy?

Photo by Garrett Ellwood/NBAE via Getty Images
Photo by Garrett Ellwood/NBAE via Getty Images

The biggest news of the weekend was undoubtedly the proclamation that there will be a 2011-12 NBA season (albeit reduced from 82 regular season games to 66 regular season games). The announcement was made between 3 a.m. and 4 a.m. early Saturday morning. The season will tentatively kick-off with 3 Christmas Day games, including the Dallas Mavericks vs. Miami Heat.

While the big problem regarding the split of Basketball Related Income (BRI) between the players and owners has been rectified, there are still a variety of “B issues” (including drug-testing and whether players will have to be 20-years old and 2 years out of high school to be eligible for the NBA Draft) that remain to be resolved. Once the parties come to an effective agreement on all issues, a majority of the owners and a majority of the players must vote to approve what will become the NBA’s next collective bargaining agreement. The NBPA must also reclaim interest in representing the players as their official bargaining entity. If a majority of either the owners or players are not in favor of the agreement, then the announcement of a 2011-12 season starting on Christmas Day was all for naught, and the players’ lawsuit filed in Minnesota against the NBA and its member teams will resume (the lawsuit has not yet been dismissed).

From what I have read, it seems that the players and owners have agreed to a 50/50 split in BRI with the possibility of that split sliding to 51/49 in either direction, year-to-year, based on meeting certain projections, which will be fleshed out once the agreement is finally (hopefully) signed. Players had been taking 57% of the BRI under the previous deal.

An important note for agents – free-agents will be permitted to sign with NBA teams as early as December 9, 2011 under the new agreement, if executed. December 9 will also be the official opening of training camps, although I am told that many agents working with their clients to put together more organized “un-official” workout program.

Another thing to follow – what will happen to the NBA players who signed in China? The biggest name to sign was Wilson Chandler, who is playing for Zhejiang Guangsha in the Chinese Basketball Association (CBA). Due to the fact that Chandler, and all other NBA players who signed in China this offseason, acquiesced to China’s demand that no opt-out clause exist in his contract, he is effectively prevented from leaving his CBA team and signing with an NBA team.

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.