Categories
Colleges Headline Recruiting Sports Law

Round 1 Goes To Andy Oliver

Andy OliverAn Opinion and Judgment Entry has been released by Judge Tygh M. Tone in the Common Pleas Court of Erie County, Ohio.  The case: Andrew A. Oliver vs. National Collegiate Athletic Association, et al.  If the name Andy Oliver does not mean anything to you, take a quick walk through the posts that have been written in the SportsAgentBlog.com archive.  I have provided the entire Opinion and Judgment Entry below, but if you already know the facts and the allegations made by both parties, you can skip to p.10 and the section titled, Breach of Contract.

Breach of Contract establishes that there is a contractual relationship between the NCAA and its member institutions (universities).  No contract is created between the NCAA and student-athletes once student-athletes sign an LOI or accept a financial aid package.  BUT, an action of breach of contract by a 3rd party can be brought where the parties to a contract intended to benefit the 3rd party.  So if the NCAA and a university are bound to a contract intended to benefit a student-athlete, does that mean that an action of breach of contract by the student-athlete can be brought?  Yessir!

The Good Faith and Fair Dealing section (starting on p. 13) says that NCAA Bylaw 12.3.2.1, which attempts to limit an attorney’s role in providing legal counsel to a student-athlete, is impossible to enforce and allows for exploitation of the student-athlete by professional and commercial enterprises.  The No Agent Rule was ruled to be unreliable (capricious) and illogical (arbitrary).  No entity, other than that one designated by the state, can dictate to an attorney where, what, how or when he should represent his client.

The actual Judgment Entry states that NCAA Bylaw 12.3.2.1 is void and that NCAA Bylaw 19.7 is overreaching and interrupts with the judicial power of the court system.  The Court reinstated Andy Oliver in good standing immediately and ordered that no further punishment be weighed on him by the NCAA or OSU.  A jury trial will begin on March 31, 2009 to determine if any monetary damages should be granted to Oliver..

Does the Judgment Entry now allow student-athlete advisors to have direct communication with scouts?  At a minimum, can an advisor be in the same room as a student-athlete who is negotiating numbers with a scout?  The Opinion clearly states that the NCAA cannot tell an attorney where, what, how or when he should represent his client, but what about an advisor who is not an attorney?  Will a non-attorney advisor have the same rights as an attorney-advisor?  There are still many questions left to be answered, but for now, it seems like a major victory for Andy Oliver, student-athletes, and athlete-advisors.

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.

4 replies on “Round 1 Goes To Andy Oliver”

Comments are closed.