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Wayne Chism And His Agent Awarded Money By Basketball Arbitral Tribunal

In my Shabbat Shalom: Friday Wrap-Up from February 11, 2011, I wrote that agents should make sure to get Basketball Arbitral Tribunal (BAT) clauses it in their international players’ contracts.  If inserted in a player’s contract, the clause allows either the team or player to have the Basketball Arbitral Tribunal oversee a legal proceeding and resolve a dispute.

There is no denying that many teams are late on their payments or refuse to pay their American players indefinitely.  BAT proceedings are highly effective, because if the team does not honor an award, FIBA will prohibit it from signing new players.  As Daniel Edward Rosen of the New York Times wrote on February 5, 2011, “Before F.A.T., if a player was injured while playing overseas, he would often be cut and not paid.”  F.A.T. is what BAT used to be called, but it is the same tribunal.  Now, injured players who are cut have a legitimate outlet to claim their withheld payments.

One of those injured players who was denied payment is former Tennessee Volunteer, Wayne Chism.  Just yesterday, BAT decided that Chism’s former team, Antalya Buyuksehir Belediye of the Turkish Basketball League must pay the player $73,044.42, plus interest, costs, and attorney fees for breaching its contract with Chism.  The team released Chism in December 2010 after he sustained an injury.

Chism is represented by Jared Karnes of Allegiant Athletic Agency.  BAT found that the contract Karnes drafted sufficiently guaranteed payments to Chism in the event of an injury.  Further, Karnes won a judgment in a separate claim to recover agent fees that were never paid out by the team.

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.