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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 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.