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Jayson Werth Was Not Free-Agent-Napped By Scott Boras

Last week, Jayson Stark of ESPN.com wrote the following:

Scott Boras’ latest attempt to free-agent-nap another marquee player — in this case, as first reported by Fox’s Ken Rosenthal, Mets dynamo Jose Reyes — was nothing new, other agents say.

Now, technically, there is nothing illegal about it, as long as Boras reports all contact with other agents’ clients to the players’ association, as required by the new agent rules. But it serves as more evidence that it isn’t just happenstance when high-profile free agents (such as Rafael Soriano and Jayson Werth this past winter) abruptly switch to Boras on the verge of their free agency. True, it’s only business — but that doesn’t mean it’s a particularly pretty part of the business.

Interesting choice of words with “free-agent-nap.”  Further, it is interesting that Stark included Jayson Werth’s name amongst those who have been “free-agent-napped” by Boras, since Werth has stated, after Stark’s story was published, that he was never solicited by Boras.  In fact, Werth first reached out to Boras after his friends and former teammates told him good things about the agent.

Prior to signing with Boras, Werth was represented by Jeff Borris (try not to get confused by the similar pronunciation of last names) at Beverly Hills Sports Council.  Werth was “shopping” for a new agent and certainly did not use any coupons in his selection of Boras.  I expect that Boras took a fair commission on the fantastic 7-year, $126 million contract he negotiated for his client.

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.