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Contract Negotiation Sports Law

SPARTA – not the Greek city

Greece...has nothing to do with this post

SPARTA stands for “The Sports Agent Responsibility and Trust Act,” and along with the UAAA (Universal Athlete Agent Act), it is an important document to become accustomed to.

Of SPARTA’s three primary objectives, I find the second objective to be the most important. Its second objective places violations of the act under the jurisdiction of the FTC (Federal Trade Commission). This is important, because many of the regulations in SPARTA are general regulations that are seen within the UAAA. By establishing the FTC as a regulating agency, power is transfered to a federal bureau for regulation instead of leaving all issues up to the players’ unions. Agents should feel more threatened from action by the FTC over a slap on the hand from a union.

Theoretically, SPARTA should have achieved great gains in regulating Sports Agent activity, but those gains have still not been realized. Many existing state and federal laws actually implement strict penalties that would supercede FTC involvement, but even those Acts are often not applied often when they should be.

The FTC maximum civil penalty is $11,000…and that is after a warning is offered to an Agent. For moderately successful Agents, the $11,000 fine is certainly not enough money to deter one from using illegal practices to obtain clients (that is, of course, if one were inclined to do so…which is not a smart idea in the first place).

So as an ethical and law-abiding Sports Agent, you may be at a disadvantage when entering this business. That is why it is your responsibility to help pave the way for increased oversight and stricter regulations on Sports Agents at a federal level. If the playing field is leveled, and those who gain an unfair advantage are prosecuted for their crimes, the actual Superstar Sports Agents will reign, and players, Universities, and professional teams will benefit. The image of the Sports Agent will rise as well.

[tags]sparta, sports agent, ftc[/tags]

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.

2 replies on “SPARTA – not the Greek city”

[…] Ethical attorney agents have had a competitive disadvantage in signing clients because of their bar-mandated ethical obligations that they must adhere to (if they actually do). As I have stated in a post all the way back on February 15th, SPARTA (The Sports Agent Responsibility and Trust Act) has attempted to change that and treat all agents alike. SPARTA implements attorney-like regulations for all Sports Agents. […]

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