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Football Agents Fighting It Out In The Wild Wild West?

Immediately following the NFLPA’s decertification as a union for NFL players, turning it into a trade association representing professional football players’ interests, Twitter blew up with football agents Tweeting their concerns that athlete representation is going to turn into the Wild Wild West.

Nate Haber of PlayersRep Sports Management tweeted: “With the decertification of the NFLPA, now anyone can represent players if/when lockout ends. Biz just went from dirty to sewage.”

Blake Baratz of The Institute for Athletes commented: “Union decertifies. Unbelievable. Consider my business the wild wild west. Now I just need a horse and a holster!”

Brian Ayrault of Ayrault Sports Agency jokingly wrote: “No agent regulations….Rosenhaus signed 74 new clients in the last 56 minutes”

The concern for many agents is certainly justifiable.  Even with a players association in place, players frequently changed agents, which has been documented in part through our On To The Next One column.  Without the NFLPA, some agents may think that they have a “Get of of Jail Free Card” and will be able to poach competitors’ clients.  The new trade association cannot do anything about it, but agents who lose their clients to unscrupulous competitors may have a legal action in tort.

As discussed at length in the past, an agent who has a legal contract with his client, which is terminated based on the client’s recruitment by a rival agent who knew of the former contractual relationship, may have a solid claim of interference with contractual relations.  It is probably in a football agent’s best interest to have his clients sign representation contracts immediately if the relationship has been solidified only through a Uniform Player Contract formerly filed with the NFLPA.

Want to see what a Count for interference with contractual relations looks like within a Complaint?  Check out Count II of the Complaint filed by Tennessee Football, Inc. in a matter against Lane Kiffin, embedded at the bottom of the post.  And it can certainly be applied to the agent profession.  In September 2010, an arbitrator ruled that Andy Miller must pay Keith Glass $40,000 in damages for technically stealing a client.

Following decertification, I Tweeted, “Football agents: Client stealing still illegal. Tortuous interference w/contractual relations. I’ll happily rep you in court vs. scumbags.”  I stand by that statement.

Make sure to follow football agents along with many other athlete agents on the Master Twitter list of sports agents/agencies.

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.

One reply on “Football Agents Fighting It Out In The Wild Wild West?”

oh know, is the NFL going to be another victim
to a Govt Bailout. Hurry quick before they appoint
Barney Frank as the new commissioner.

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