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Pitcher Roman Colon Wants $1 Million+ From Baseball Agent For Failing To Disclose A Team’s Offer

Feb 25, 2011; Glendale, AZ, USA; Los Angeles Dodgers pitcher Roman Colon (60) poses for a picture during photo day. Credit: Jake Roth-US PRESSWIRE
Feb 25, 2011; Glendale, AZ, USA; Los Angeles Dodgers pitcher Roman Colon (60) poses for a picture during photo day. Credit: Jake Roth-US PRESSWIRE

On October 6, baseball pitcher Roman Colon elected to become a free agent.  Twenty-three days later, the Dominican-born professional baseball player filed a lawsuit against his former sports agent John David (J.D.) Smart and Smart’s former employer, Hendricks Sports Management, LP.  Colon says that the agent and agency should pay for failing to inform him of an offer made by a Korean baseball team.  Colon has asked for a reward of at least $1 million.

After a few years of performing for the Atlanta Braves, Detroit Tigers and Kansas City Royals, Colon was offered and accepted a contract to play for the KIA Tigers in Korea.  He was used as a starting pitcher and went 8-7 with a 3.91 ERA.  According to the Complaint, which was filed by his attorneys Patrick Zummo and Adam B. Kenner, Colon’s agent began negotiating a new contract with the KIA Tigers, and the team eventually presented a qualifying offer of 75% of Colon’s prior contract.  However, Colon was never notified of the offer.  The qualifying offer was terminated, but the team retains Colon’s rights in Korea for an additional five years.

The Complaint alleges that if Colon had known about the qualifying offer, he would have immediately signed with the KIA Tigers.  Instead, Colon signed with the Los Angeles Dodgers for a monthly payment of $12,500.  Within the count for breach of fiduciary duty, it says, “Hendricks and Smart breached their fiduciary responsibilities, obligations, and duties imposed on them by engaging in dishonest, disloyal, and immoral conduct.”  In addition to that claim for relief, there are counts of negligence, negligent misrepresentation and breach of contract. J.D. Smart, a defendant named in the Complaint, is no longer a Hendricks Sports Management employee.

Smart and two other baseball agents formerly at Hendricks recently left the company to join Excel Sports Management’s baseball division, which is led by Casey Close.

This could turn into the biggest case involving Hendricks Sports Management since it was sued by Athletes Premier International (API) for tortiously interfering with API’s representation of professional baseball pitcher Aroldis Chapman.  That case was settled.

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.