Categories
Contract Negotiation Headline MLB Players Sports Agents

Scott Boras Criticized For Overplaying His Hand With Free Agent Clients This Offseason

Baseball agent Scott Boras is generating some heat for the way he has managed his free agent clients this offseason.

Outfielder Michael Bourn, right-hand pitcher Kyle Lohse and closer Rafael Soriano all have something in common – each is currently stuck on the free agent market.  Another commonality between the trio is that they are represented by Scott Boras of Boras Corp.  And in a recent New York Daily News article, Bill Madden wonders whether Boras has “overplayed his hand” with his lot of free agent clients, will be unable to find a “patsy” owner to bail him out and has finally, like Napoleon, met his Waterloo.

If history has anything to do with the way the cards fall, Boras will find a way to get his players healthily compensated.  However, Madden is not so sure.  He says a number of factors are working against Boras in 2013, including an alteration in the way that teams are compensated (through the receipt of draft picks) for the loss of free agents to other teams, the new method of docking the amount of money a team can spend on the subsequent draft as a result of a free agent signing and a lack of fear exhibited by teams willing to make $13.3 million qualifying offers to a number of players.

Madden provides a good example of how all these factors come into play:

“For instance: The Tampa Bay Rays get the Atlanta Braves’ first-round draft pick for losing Upton to them. That pick has been deemed to be worth $1.8 million, which will then be subtracted from the Braves’ overall allotment of a little more than $4 million (the bonus pool maximums have not yet been determined, but last year the Braves were at $4,030,000). So it’s a double whammy for the Braves — as well as all the other clubs who sign free agents that received qualifying offers from their teams.”

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.