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On To The Next One: Anthony Spencer

NFL linebacker Anthony Spencer was drafted by the Dallas Cowboys with the club’s 1st round (#26 overall) pick in the 2007 NFL Draft.  Spencer has remained with the Cowboys since that date.  In fact, the Cowboys would like Spencer to continue to be a member of the team going forward, and has slapped the Franchise Tag on him.  He has not signed the Tag to date, but in the meantime, has decided to make a change of representation.

Spencer was formerly represented by Roosevelt Barnes of Maximum Sports Management.  He recently switched over to Jordan Woy of Willis & Woy Sports Group.  Woy happens to be based in Dallas and is a member of the State Bar of Texas.

Since the Franchise Tag was placed on Spencer prior to his change of representation, will he still owe an agent commission fee to Barnes once he ends up signing a deal with the Cowboys?  If so, will it be a percentage of the prior agreed upon fee between Spencer and Barnes or the entire amount?  If Barnes is left with nothing, I have to assume that Barnes will file a grievance against Spencer.

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.

One reply on “On To The Next One: Anthony Spencer”

From the article, it doesn’t seem like Barnes had much to do with the Cowboys slapping the Franchise tag on him. It seems the Cowboys were making a business move rather it being the product of a Barnes-Cowboys negotiation or Barnes-Cowboys parole oral/written understanding. I don’t think that Barnes has a claim for all or even a portion of the fee collected for the franchise tag.

Barnes may argue that he did play a role in the Cowboys slapping the franchise tag. Hypothetically, he could say that he consistently had dinner with the GM and over time eased them into the idea of putting the franchise tag on his client. There are many things he could say, but Barnes would essentially be arguing Unjust Enrichment if he were to not get his desired compensation connected to the franchise tag. Essentially, he would explain that the new agent would be unjustly enriched for directly benefiting/profiting the franchise tag which was to whatever extent, his (Barnes) work-product whilst representing Spencer.This could be dead wrong since im not sure how common law principles apply in the NFL context..

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