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The Memphis Grizzlies Not Budging With Xavier Henry

The Memphis Grizzlies kick-off their 2010-11 campaign against the Indiana Pacers on October 6.  The date is only a little more than a month away, and the Grizzlies have still yet to lock up their most recent #1 overall pick, Xavier Henry.  They also have failed to sign their second 1st round pick, Greivis Vasquez.  All other teams have signed their domestic 1st round picks.

This whole topic of conversation is a new one for the basketball media to cover.  Traditionally, a 1st round pick signs a deal at the mandatory slot, and the team throws in easily attainable bonus clauses (like promotional appearances on behalf of the team, perform in a conditioning program, and sometimes minutes played), which allows the player to end up with a payment at 120% of the slot (the ceiling as proscribed by the NBA’s current Collective Bargaining Agreement).  Some rookie contracts do not contain these bonuses, and the team guarantees all 120% of the slot, but this type of treatment is not the norm.  Occasionally, but very rarely, a team will not give a first rounder a chance to earn 120% of the slot (almost strictly players drafted by the San Antonio Spurs).  Just because giving 1st rounders a chance to earn up to 120% of the slot is standard practice, though, does not mean that the Grizzlies have to follow suit.  And they are trying to break tradition…getting some flack in the media in the process.

The word is that the Grizzlies are willing to sign Xavier Henry to a contract that could be worth up to 120% of the slot that he was selected, but that the bonus clauses are much more difficult for a player to attain than the types of incentives that are more common in 1st round players’ contracts.  Instead of including easy promotional incentives or performance incentives, the Grizz might be trying to push unlikely performance incentives (think along the lines of large minutes played) on Henry and his agent, Arn Tellem.  If the Grizzlies are not in contention for the playoffs, Henry could receive the Nate Robinson treatment, where a team sits a player as a cost prevention strategy.  Such a move could cost Henry $1.7 million over the course of his rookie deal.

I almost want to side with the Grizzlies on being bold to challenge an unwritten rule that has allowed 1st rounders to basically earn 120% of the slot without doing much, but then I remember that the team just paid Rudy Gay over $80 million.

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.