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A Discussion Of The October 2010 MLBPA Regulations Governing Player Agents

I am happy to announce that my newest law review article, In Baseball’s Best Interest?: A Discussion of the October 2010 MLBPA Regulations Governing Player Agents, has been published in the Spring 2011 Virginia Sports & Entertainment Law Journal.  The official citation to the article is 10 Va. Sports & Ent. L.J. 249 (type it into a Westlaw or LexisNexis search).

The following is the Abstract from the article:

This article argues that the Major League Baseball Players Association (MLBPA) Regulations Governing Player Agents (as Amended Effective October 1, 2010) are well intentioned, but unenforceable and not in the best interests of MLB players.  Part I of this article discusses the evolution of MLBPA Regulations Governing Player Agents.  Part II discusses the justification for establishing new Regulations in 2010.  Part III examines the new provisions written into the 2010 Regulations.  Part IV explains why many new provisions will be largely unenforceable by the MLBPA.  Part V discusses whether the 2010 Regulations are in the best interests of MLB players.  Part VI proposes a new set of provisions for the MLBPA to consider for future amended Regulations, how they should be enforced, and why they are more aligned with MLB players’ interests.

And this is the final paragraph:

We have no doubt in our minds that the MLBPA had good intentions when it drafted the 2010 Regulations, and we certainly believe that the MLBPA considered the best interest of the Players it has a duty of protecting. However, the Regulations themselves must strike a balance between expanding, to encompass all actors “representing” and “recruiting” Players, and ensuring that it has enough manpower to enforce the Regulations it promulgates. A piecemeal solution that does not cover all bases is no solution at all, and is not in the best interest of baseball.

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.