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Raiders Want JaMarcus Russell To Return Some Cash

Yelling JaMarcus Russell in an Oakland, California theater is almost like yelling fire – everyone is going to look for the nearest exit.  The Raiders are not too happy with their investment in the former #1 overall pick and are going to do whatever they can to pay him the least amount of money as possible.

Russell’s agents claim that $32 million of Russell’s $68 million rookie contract was fully guaranteed.  The Raiders claim that Russell’s rookie contract was modified at some point, and have filed a grievance, where this will all be looked at very closely.  The Raiders want Russell to give back $9.55 million – no small chunk of change.

Was this modification oral or written and signed?  As Paragraph 21 of the NFL Uniform Players’ Contract states, This contract, including any attachment to it, sets forth the entire agreement between Player and Club and cannot be modified or supplemented orally.  This is commonly termed a “no oral modifications” clause.  But what if there was a written modification?  Russell was already obligated to perform on his rookie contract with the Oakland Raiders.  Did he provide any new consideration?  If not, the modification would seem to be unenforceable.

If the modification claim is dropped and the Raiders want the money back saying it was merely a “salary advance” and not guaranteed, then good luck to them!

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.

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