Categories
Headline International Basketball NBA Players

An NBA Lockout May Affect Early Entries And The Overseas Market

Yesterday, I was involved in a great discussion about the NFL Lockout, which I will include a link to in a future post.  I also had the opportunity to answer some questions for Marcus Shockley at Basketball Elite regarding a potential NBA Lockout and how it may affect players who are or may enter the 2011 NBA Draft.  Here is a portion of the Q&A:

If players cannot sign or collect a paycheck during a lockout, would this likely affect players deciding to go pro early?

Heitner: It certainly is affecting players’ decisions to leave college early to play professional basketball. We already have witnessed Sullinger state he is coming back, and more recently, Harrison Barnes has indicated he will return to North Carolina. These are two players who had a very strong chance at being selected in the top 5 of the first round. Others such as Kyrie Irving, Derrick Williams, and Brandon Knight are rumored to be waiting and listening as to what will occur in CBA discussions between now and the deadline to withdraw from the Draft.

There are mixed reports that some agents are attempting to gather funds to help their players during an extended lockout. Is this accurate, or just speculation, and if true, would it extend to players entering the draft?

Heitner: At this point, it seems to be mere speculation, but I certainly would not count that out. I remember last year when Xavier Henry would not sign with the Grizzlies because the team refused to sign him at 120% of his slot (which many teams do without even questioning the player selected). His agent, Arn Tellem, told a newspaper that he was ready to pay his client the difference if the team would not oblige. The bigger agents and agencies with large reserves will certainly be in a better position to provide funds to clients in the event of an extended lockout.

For players who are seniors entering the NBA, is there a possibility that a long term lockout would lead some to try playing overseas for a year?

Heitner: It is not only a possibility, I see it as a likely consequence. Many of these players do not come from the best socio-economic backgrounds and need to start earning money as soon as they leave school. The domestic leagues other than the D-League leave much to be desired in terms of level of play and payments. Furthermore, players need to continue to develop and not lose any part of their games. I do believe that in the case of an extended lockout, players will look to go overseas, but it will not happen until it is clear that the lockout will cancel a majority of the NBA season.

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.