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NFLPA Regulations As To Drew Rosenhaus Speaking With Cam Wake

I am currently in the process of writing an article to be published in a law review/journal with sports lawyer Jason Wolf regarding the new MLBPA Regulations Governing Agents as amended on October 1, 2010.  One of the new provisions in the new Regulations requires agents who wish to recruit players represented by others to give prior notice to the MLBPA.  Even if the player is the one to initiate contact with the agent who is not currently his agent of record, the agent must disclose the communication to the MLBPA within 24 hours.  While it is unknown whether agents will follow this particular rule and if the MLBPA will actually enforce it, it sounds good on paper.

The reason this comes to mind is a Tweet sent out 2 days ago by Paul Sheehy, President of Pro Star Sports.

If Cam Wake, the Miami Dolphins linebacker who is having a Pro Bowl, if not potentially an NFL Defensive Player of the Year, type of season was my client, I would be infuriated by that news.  Sheehy asks, “NFLPA Agent Regs anyone?”

Section 3(B)(21) prohibits a Contract Advisor from,

(a) Initiating any communication, directly or indirectly, with a player who has entered into a Standard Representation Agreement with another Contract Advisor and such Standard Representation Agreement is on ?le with the NFLPA if the communication concerns a matter relating to the:

(i) Player’s current Contract Advisor;

(ii) Player’s current Standard Representation Agreement;

(iii) Player’s contract status with any NFL Club(s); or

(iv) Services to be provided by prospective Contract Advisor either through a Standard Representation Agreement or otherwise.

(b) If a player, already a party to a Standard Representation Agreement, initiates communication with a Contract Advisor relating to any of the subject matters listed in Section 3(B)(21)(a) the Contract Advisor may continue communications with the Player regarding any of those matters.

(c) Section 3(B)(21) shall not apply to any player who has less than sixty (60) days remaining before his NFL Player Contract expires, and he has not yet signed a new Standard Representation Agreement with a Contract Advisor within the sixty (60) day period.

(d) Section 3(B)(21) shall not prohibit a Contract Advisor from sending a player written materials which may be reasonably interpreted as advertising directed at players in general and not targeted at a speci?c player.

Basically it boils down to a question of whether Drew Rosenhaus initiated the conversation with Wake or vice versa.  If Cam Wake called out Rosenhaus, then no harm no foul.  Under the MLBPA Regulations, which are more strict in this area, Rosenhaus would have to report the communication, anyway.  If Rosenhaus initiated the communication, then to stay clear of a violation, he could not have mentioned Paul Sheehy, talked about Cam Wake’s current contract with Sheehy, discussed Wake’s contract with the Dolphins, or talk about what he could be doing for Cam Wake if he was his Contract Advisor.

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.