Categories
Sports Law

When I Pitched The Partners About An NFL Concussion Lawsuit

This Summer I am teaching a class at the University of Florida titled, Issues in Sport Law.  Additionally, I have been provided the opportunity to sit in on a class taught by ESPN and Sports Illustrated writer Andrew Brandt that is called Business and Legal Aspects of Professional Sports.  Brandt is teaching the class through Villanova University’s online offering, which makes it easy for anyone to access the content.

I have been asked to chime in from time-to-time to discuss how a topic covered in Brandt’s class has played a part in my career.  This will be the first post in a series of articles in which I do my best to cover such ground by highlighting certain information provided by Brandt and supplementing it with whatever non-privileged information that I am able to provide.

Right now, Brandt is discussing the settlement of lawsuits joined together but originally filed by over 5,000 former NFL players who accused the league of hiding the ramifications of suffering head injuries over the years.  It could eventually cost the NFL $1 billion and make many plaintiffs’ lawyers very wealthy.

It brings back memories of when I was in my first year practicing law while juggling my own fledgling sports agency on the side and writing daily articles here on Sports Agent Blog.  I came across an article on NFL players’ head injuries in a legal publication and immediately figured this was something I needed to bring to the attention of the partners at the law firm.  I was told to flesh out my theory, propose a plan and give the partners an idea of costs.

While I do not know what I did with those notes, I do recall going home and spending hours researching the topic and coming up with a game plan.  I was convinced that this was worthy of pursuing.  I also started to go through my Rolodex and see if retired players would be interested in filing a lawsuit — by and large they were.

Then it came time to pitch the partners.  They seemed to be buying in, until they determined that it was too heavy a risk for a law firm primarily focused on insurance defense litigation.

This was before a single lawsuit had been filed.  Four years later, millions of dollars are ready to be provided to suffering former players and the lawyers representing them are destined to become very wealthy.

Now I have my own law firm.  Next time there will be no holding back.

If you’re interested in learning more about Villanova’s online sports program, please visit VillanovaU.com/SABSponsor.

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.

2 replies on “When I Pitched The Partners About An NFL Concussion Lawsuit”

Hi Darren: I enjoy the blog. Sounds like more than a little hindsight bias here. How much of the partners money and time were you ready to risk when the outcome was far from certain? Hardest part of my job (financial advisor) is talking clients out of wild flier investments: they somehow never forget the ones they wish they had done, but never remember the ones that went busto.

Certainly a bit of hindsight bias. I wish I had my notes from back then. I don’t want to make it seem as though this was any way a guaranteed win, and but for a settlement, the plaintiffs could have not prevailed.

Comments are closed.