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North Carolina To Gain Access To NCAA Documents On Agent Activity

The State of North Carolina and the NCAA have been busy fighting over access to documents regarding findings from the NCAA’s investigation of past NFLPA agent activity on the University of North Carolina-Chapel Hill’s campus.  On July 29, 2011, North Carolina’s Secretary of State Elaine Marshall issued a subpoena asking for said documents, which are apparently under the NCAA’s control.  Elaine Marshall’s office wants access to transcripts of the interviews that the NCAA conducted at Chapel Hill in the past year, a copy of John Blake’s credit report, and other relevant material.

After not receiving a favorable response, Marshall’s office filed a petition for an order to compel the NCAA to release the documents.  The NCAA objected on jurisdictional grounds, claiming that Marshall should have filed the petition in Indiana (the NCAA’s principal place of business) instead of North Carolina.  The hearing on the petition commenced two days ago in the Wake County, North Carolina Superior Court.  Instead of ruling one way or the other, the judge (Judge Paul C. Ridgeway) provided the parties an additional 60 days to attempt to resolve their dispute; however, Ridgeway did state that Marshall’s office should re-file the subpoena in Indiana.  The NCAA’s attorney promised that the requested documents will be delivered, in unredacted form, thereafter.  The petition filed by Marshall’s office noted that the NCAA previously aimed to redact “confidential information.”

Now that the NCAA has changed its stance, the assumption is that the State of North Carolina will file the subpoena in Indiana and gain access to the documents.  Perhaps at some point in time, the state will be able to get to the bottom of many agent related issues, including the relationship between John Blake and Gary Wichard.

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.