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Headline Recruiting Sports Agents Sports Law

Oregon Investigating An Agent And Possibly Changing Its Athlete Agent Law

Might one of the 37 agents registered in the State of Oregon be in trouble?  Or does the current investigation by Oregon’s Department of Justice involve a non-registered agent illegally recruiting student-athletes within the state’s borders?  The world may never know, since the DoJ’s spokesman refuses to mention the name of the agent under investigation, and we all know how few times these investigations actually result in any penalty being handed out.  In fact, Oregon has never penalized an agent since its Uniform Athlete Agent Act was put into action.

But as is the case with many legislators in other states and at the federal level, Oregon has its members of Congress who are proposing changes to athlete agent laws and their enforcement.  Oregon Senate President Peter Courtney wants Oregon to send a message.  His aim is to strengthen the existing Oregon UAAA statute by,

  • Broadening the definition of sports agent to include contract advisors, financial planners, marketing representatives, runners or any staff member who is employed or associated with a firm who represents any individual in the marketing of his or her athletic ability or reputation;
  • Mandating that, in addition to registering with the State of Oregon, that sports agents must register (at no cost) with compliance office or official at each respective institution where the agent wishes to contact student athletes;
  • Including elementary schools and high schools among those covered in the athlete agent law;
  • And making it illegal for sports agents to provide benefits indirectly to student-athletes through friends or family members.

And best of all, Courtney recognizes that if the new initiative were to pass, it would mean absolutely nothing without proper enforcement.  Let’s see what kind of support Courtney has when he proposes the new legislation, and if he can pull through with his plans for increased enforcement.

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.