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North Carolina And NCAA Fighting Over Access To Documents

On July 29, 2011, North Carolina’s Secretary of State Elaine Marshall issued a subpoena, which asked for documents and records from the NCAA regarding findings from the NCAA’s investigation of past NFLPA agent activity on the University of North Carolina-Chapel Hill’s campus. Most people choose to digitize these kinds of documents these days, as many are learning how to scan large documents to help preserve them for legal needs. The NCAA’s investigation has undoubtedly focused on names like former UNC associate head coach John Blake, the late NFLPA Contract Advisor Gary Wichard, and former UNC defensive tackle (and current New York Giant) Marvin Austin, but there are certainly many other athletes and agents that have been examined since the NCAA stepped foot on UNC’s campus in June 2010. The State of North Carolina started its own investigation, not specifically tied to UNC-Chapel Hill, on July 22, 2010.

Elaine Marshall’s office wants access to transcripts of the interviews that the NCAA conducted at Chapel Hill in the past year, a copy of John Blake’s credit report, and other relevant material, but the NCAA has not cooperated up to this point in time. Last week, Marshall’s office filed a petition for an order to compel the NCAA to release those documents, but not without the NCAA objecting to that request on jurisdictional grounds, claiming that Marshall should have filed the petition in Indiana (the NCAA’s principal place of business) instead of North Carolina. A hearing on the petition is currently scheduled for November 28, 2011 in the Wake County, North Carolina Superior Court. According to Ken Tysiac and J. Andrew Curliss of the News & Observer, Elaine Marshall’s makes sure to point out in its filing, that the NCAA has historically petitioned hard for states to pass the Uniform Athlete Agents Act (UAAA), but will not comply with the UAAA’s mandates.

This bewilders me. A state actually seems to be making an attempt to enforce its athlete agent laws, which the NCAA has fought tooth-and-nail for states to adopt (to retain “amateurism” and tax benefits), but the NCAA does not want to provide pertinent information that has a strong likelihood of benefiting the state in its own investigation?

NC Sec of State App for order to compel

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.