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Sports Law

Oregon Considers Modifying Its Sports Agent Law

The State of Oregon Senate is considering a bill that would alter the state’s athlete agent laws. Senate Bill 5, titled the “Revised Uniform Athlete Agents Act,” would revamp various definitions, including that of “athlete agent.” It would make changes as to whom would be a considered an athlete agent in the state as well as whom would be excluded from the definition.

Importantly, the proposed law would consider the following as “athlete agents”: those who serve the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes. The aforesaid individuals would not traditionally be viewed as athlete agents, as they are not directly involved in negotiating contracts. As such, Oregon may expand the definition of what it means to be an athlete agent, strictly within the state’s borders.

An individual employed by, and acting solely on behalf of a publicly traded corporation engaged in consumer brand marketing and seeking to negotiate an endorsement contract would not be considered an athlete agent under the proposed law.

Existing law on this subject allows an educational institution to have a cause of action against an athlete agent or former student athlete for damages caused by a violation. Interestingly, the proposed law would also give a student athlete the right to sue an athlete agent under the statute for civil remedies as well.

“We cannot be complacent; there is still a problem for athletes in Oregon’s high schools and colleges,” stated University of Oregon’s senior associate athletic director Jeff Hawkins in his testimony to the Senate Judiciary Committee. “We’ve seen tremendous growth in sports agents, and they have powerful economic incentives to form relationships with athletes. Unfortunately, often times they use improper benefits like cash and gifts that put student’s education and careers at risk. SB 5 protects student athletes and their families and better regulates improper interactions between athletes and agents.”

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.