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Arbitration Headline MLB Players

2012 Baseball Salary Arbitration Update (Teams Lead 3-2)

While a little over a handful of arbitration eligible baseball players remain unsigned, most players who were eligible for arbitration have either gone to hearing or settled with their respective teams on single or multi-year deals.  The unsigned player who is garnering the most attention is David Ortiz, who has requested $16.5 million, while the Boston Red Sox offered Ortiz $12.65 million.  The gap, and player, are rather large.

Thus far, there have been more salary arbitration hearings than all of last year (there were three hearings last year).  The teams lead the players in number of victories, with a record of 3-2.  The only two team losses have been suffered by the newly minted Miami Marlins, who are among roughly five teams who subscribe to a “file-and-go” approach.  The file-and-go tactic is a measure adopted by teams in an effort to try to deter getting to the point of officially openly exchanging numbers just prior to arbitration hearing.  If the file-and-go team exchanges figures with the player, they will go to hearing, even if the split is extremely small (see: Emilio Bonifacio – $1.95 million/$2.2 million split).  The Marlins also happen to be one of the few teams that handles all arbitration preparation and the actual arguing of their side at hearing in-house.  The club’s overall arbitration hearing record is an abysmal three wins and seven losses.

Here is a list of the players/teams who have gone to hearing, along with their results:

  • John Lannan lost to the Washington Nationals ($5 million/$5.7 million split).  Lannan is represented by Brodie Van Wagenen of Creative Artists Agency (CAA).
  • Jeff Niemann lost to the Tampa Bay Rays ($2.75 million/$3.2 million split).  Tampa Bay is a file-and-go team, and has improved its record to 6-0 all-time (much different story than the Marlins).  Niemann is represented by Hendricks Sports.
  • Anibal Sanchez defeated the Miami Marlins ($6.9 million/$8 million split).  No starting pitcher had ever received an arbitration hearing award this large.  Sanchez is represented by Eugene Mato of Mato Sports Management.
  • Emilio Bonifacio defeated the Miami Marlins ($1.95 million/$2.2 million split).  A friend of Sports Agent Blog, Jay Reisinger, prepared and argued the case on behalf of Bonifacio.  Bonifacio’s agent is Paul Kinzer of Wasserman Media Group.
  • Brad Bergesen lost to the Baltimore Orioles ($800,000/$1.2 million split).  Bergesen is represented by Paragon Sports International.

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.