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Sports Law

What Could Be The Fallout For Casey Close Concerning Freddie Freeman?

Major League Baseball player Freddie Freeman has ended his relationship with baseball agent Casey Close of Excel Sports Management based on Close failing to inform Freeman about a final offer that was presented by the Atlanta Braves, per Doug Gottlieb. According to Gottlieb, this information was not disclosed to Freeman because Close knew that Freeman would have accepted the offer.

Freeman is currently listed as being self-represented and the Major League Baseball Players Association (MLBPA) purportedly sent an email to agents that they should not be contacting Freeman.

What is the fallout from this? It is far too early to tell. However, the MLBPA Regulations Governing Player Agents could give us some guidance.

Section 5 of the MLBPA Regulations deals with the Standards of Conduct for Player Agents. Under Section 5(B), which governs prohibited conduct and grounds for disciplinary action, is a provision that says no Player Agent shall engage in conduct involving dishonesty, fraud, deceit, misrepresentation, or other conduct which reflects adversely on his fitness to serve as a Player Agent (See Section 5(B)(15)). Failing to disclose material information to a client would seemingly violate this provision, amongst others in the MLBPA Regulations.

The MLBPA has the right to revoke or suspend the certification of any Player Agent, under Section 4(O) of the MLBPA Regulations, if the Player Agent fails to comply with or engages in conduct in violation of any provision of the Standards of Conduct set forth in Section 5 of the MLBPA Regulations. It could also require that a Player Agent provides restitution to players for damages or losses he has wrongfully caused.

Separately, Section 7 of the MLBPA Regulations provides the right for Players to bring disputes against Player Agents.

It is very possible that this all gets swept under the rug; however, there is also the potential for Freeman and/or the MLBPA to take action. That said, Close has been a Player Agent for decades and has represented the likes of Derek Jeter, Clayton Kershaw, Zack Greinke, Kenny Lofton, and Ryan Howard. It is rare to see someone with that kind of experience suffer severe consequences no matter the allegations that may be floating around.

Update: Excel Sports Management has released a statement on behalf of Close, which says that “Doug Gottlieb tweeted a wholly inaccurate characterization of our negotiations with the Atlanta Braves on behalf of Freddie Freeman. We are immediately evaluating all legal options to address the reckless publication of inaccurate information.” Casey Close added, “I will not stand by as the circumstances surrounding Freddie Freeman’s departure from Atlanta are mischaracterized. Since March, the Braves have fostered a narrative about the negotiations which, stated plainly, is false. Part of that false narrative is the suggestion that I did not communicate a contract offer to the Freemans. To be clear, we communicated every offer that was made, as well as every communication Excel had with the Braves organization throughout the entire process. I have a 30-year reputation in this business for integrity and honesty, and I have always operated with the utmost character. At Excel, we are privileged to represent many exemplary athletes, some of whom have chosen to spend their entire careers with one franchise. We always put the player’s goals and best interests first and will always continue to do so.”

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.