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NBPA Could Do Better Job To Limit Conflicts Of Interest

In 2008, National Basketball Players Association (NBPA) Executive Director Billy Hunter drafted an "inflexible memo" to announce the NBPA's plan to enforce its rule with regard to the prohibition against agents representing both NBA players and NBA coaches. While the rule effectively prevented individuals from representing the two classes of people, it failed to thoroughly address the conflict of interests that remain today.

First, the rule does nothing to restrict agencies from concurrently representing NBA players and NBA coaches. For instance, Creative Artists Agency (CAA) is the employer of popular NBPA agents Leon Rose and Henry Thomas. While neither Rose or Thomas may represent NBA coaches, CAA's William Wesley (also known as Worldwide Wes) does represent coaches, including Tom Thibodeau, head coach of the Chicago Bulls. If the concern is that there is a conflict of interest when an agent represents NBA coaches and NBA players, does that same concern not exist if instead of an agent representing both classes, that agent's company considers both classes as clients?

Further, while it may be a conflict if an agent negotiates a contract between a player and coach that he represents, an even more glaring problem appears to exist. That problem is when an agent represents NBA players and college basketball coaches. The NBPA currently has no rule preventing such relationships, which effectively allows college coaches to covertly refer/induce/suggest players to sign with their agents.

Four years after Hunter warned agents that the NBPA will no longer overlook conflicts of interests, Hunter should take an even more bold stance and restrict agencies, not just agents, from representing NBA players and NBA coaches. Additionally, Hunter and the NBPA should look into a rule that would effectively prevent agents and agencies from representing NBA players and college coaches.

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.

3 replies on “NBPA Could Do Better Job To Limit Conflicts Of Interest”

I’m guessing from the tone of this article that you believe a “cone of silence” approach would be insufficient when it comes to conflicts of interests between different agents in a single company representing both coaches and players. I know at least several jurisdictions still take that approach when analyzing conflicts of interests between different lawyers in a single firm. Thoughts?

How would a cone of silence correct a conflict of interest? Instead, it would permit a loophole to continue to exist, violating the activity that NBPA at least appeared to have wished to erase.

I don’t know if a “cone of silence” is a corrective measure. I’d view it more as a preventative one. Anyways, aren’t the mega agencies like CAA big enough to where two agents basically work independent of one another? Let me know if this assumption is incorrect. If it’s true, then I think there is an argument that while the same agency may benefit from both classes of contracts, if there is no overlap between agents, each individual agent will be free from the prohibited activities. 

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