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Headline Retirement

THE END Is Not Near

Dec 5, 2012; Dallas Mavericks guard Derek Fisher (left) is still getting playing time despite his age. Credit: Kirby Lee/Image of Sport-USA TODAY Sports

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Dec 5, 2012; Dallas Mavericks guard Derek Fisher (left) is still getting playing time despite his age. Credit: Kirby Lee/Image of Sport-USA TODAY Sports

There are people these days saying the world will come to an end on December 21, 2012.  I will reserve comment on that event until a later date, maybe December 22nd, so that I can say “I told you so.”

One can also say “I told you so” about an athlete’s career coming to an end.  It’s inevitable.  Retirement must happen to every athlete who’s ever played the game.  Although I’m leaving out a few people, names like Kenyon Martin, Mike Bibby, James Posey, Joe Smith, Michael Redd, Eddie House, Erick Dampier, Antonio Daniels, Peja Stojakovic…are all, like Derek Fisher recently, waiting to hop on board a team.  Those names alone could probably form a good team.  Are all of those players listed too old?   Have they lost their skills due to their age?  Many agents would disagree, saying each would lend a world of experience to a younger squad.  Let’s suppose for a minute none of them ever get a call from a team again.  What do they do?  What do you, as an agent, do?

From strictly a basketball standpoint, getting them a position on a team where they’ll be happy is the primary goal, of course.  There are only so many positions on so many teams to be had, though.   From a financial standpoint, there are many different options to suggest to a client.  Although there are various avenues to explore, a client may wish to stay away from the “market,” as he may have already lost money in that venue and therefore is afraid to lose anymore.  This fear can be remedied by directing them toward methods which will guarantee a certain amount of income for life, regardless of market conditions.  Naturally, nothing will guarantee income equal to an annual amount they earned during their playing days, but something is better than nothing.  Moreover, the “assurance” of income at some point in their life is very comforting at a time when they are so “unsure” of what they may do for the rest of their post-basketball life.  The emotional and psychological effect of assurances are so very important.

Disclosures.  The information contained herein is neither an offer to sell nor a solicitation of an offer to buy any security.  Past performance is not a guarantee of future results.  Further, the information herein is intended solely to provide general information and does not constitute a promotion of any offerings or products.  Donald J. Kushner is an independent financial advisor with Arque Capital, Ltd., and does business as DK Sports Financial.  Arque Capital, Ltd., and DK Sports Financial are unrelated entities.  Securities offered through Arque Capital, Ltd.  7501 E. McCormick Parkway, Suite 111 North Court, Scottsdale, AZ 85258.   (602) 971-9000.  Member FINRA/SIPC.  Any unauthorized reproduction of this information is strictly prohibited.

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.