I absolutely love the Geico Kash logo. So Akron’s Pro Day was pushed back a week. At first, I was upset. Now, I realize that it may be a good thing. Our guys will continue to eat well and train, and hopefully the change of date will allow more scouts to attend the Pro Day. We continue to get some fantastic verbal commitments from high school and college baseball players and Austin is about to make some big trips to bring in solid basketball talent to our growing Basketball Division. Little known fact: I was an all-county Volleyball player in high school. It was nice to pick up a volleyball again for the first time in about four years, this past week. I am captain of my law school’s Volleyball team in a competition against Med, Vet, and Dental schools next week. Here are some stories I missed:
Football
- DeMaurice Smith was selected to be the successor to Gene Upshaw as the Executive Director of the NFLPA [Smith elected to head NFLPA].
- One step in the right direction towards bringing back the AFL next year [AFL might be back in ’10].
- Devin Hester is about to sport his wings with Red Bull [Hester Is A Flash In The Can].
- Great wrap-up of the early Pro Days [Pro Day Recap – Part 1].
- An agent rarely wants to see his name in the press. This is the 2nd week in a row that we can’t help but notice Bus Cook getting attention [Agent explains Cutler timeline].
Baseball
- $1.5 million guaranteed plus the possibility of making another $1.5 million this year [Rodriguez, Astros agree to contract].
Basketball
- The NBPA was not too happy with that Yahoo! Sports article calling out Ceruzzi Sports and Pat Barrett [NBA Players Association to probe agency].
Sports Business
- Make sure you provide your clients with solid financial planners [IRS Looking At Athletes More Closely].
11 replies on “Shabbat Shalom: Friday Wrap-Up (3/20/09)”
“An agent rarely wants to see his name in the press.” I guess Drew Rosenhaus doesn’t count… Bus Cook is trying to salvage an already mess situation spinning it so that the Broncos, read McDaniels, look like the bad guys. As soon as some team gives up a high 2 round pick Cutler is gone, the only issue is that do you want to P. Ramsey as the only QB on roster?
follow @JohnWPeterson on twitter
An agent who accepts his fiduciary duty to do everything to help out his clients will promote having his name in the press if it will serve to benefit his clients. There is no other reason for an agent to promote himself in the papers/online.
follow @Darren_Heitner on twitter
I can think of a bunch of reasons. The major one being to generate business. The agent’s fiduciary duty specifically his duty of care also requires him to act, because non-action would be nonfeasance and is just as bad as over stepping. Bus is trying to stay out in front of this because his client’s side needs to be explained to the press just as much as the other side’s. I think that the agent’s duty of loyalty to his client is not called into question in most cases of self promotion by an agent. The agent is not usurping opportunities from his clients. Granted, there is a fine line between self promotion and becoming a distraction but in my opinion Bus is far from becoming a distraction. Instead he is displaying his vigor in which he will represent his client’s interests.
follow @JohnWPeterson on twitter
You mentioned many reasons, but they all go back to the one I raised: to benefit an agent’s clients. As long as the generation of new clients also serves to benefit those already on the client roster, then I’m all for it. Once there is a negative impact on current clients, one must stop. I am not saying Bus Cook is right or wrong in this situation, I just hope that his speaking to the media does not hurt Cutler or any of his other clients.
follow @Darren_Heitner on twitter
I mentioned only one: “generate clients.” I guess there can be two camps: “a few clients” or “a lot of clients”. Your approach to how you conduct yourself with the media will inherently differ for an agent with a lot of clients or one looking to increase his client list. Yes, you owe a fiduciary duty to all current clients and the duty of loyalty that comes with that can be violated if you are using your clients to self-profit, but speaking to the press to tell your client’s side of the story is not a breach. I don’t see how Bus Cook is doing anything but representing his client’s interests. I would love to see you point to an example of how Bus has negatively impacted Cutler. I understand that time will tell but the current article that ESPN published is basically a piece put together by Bus, Cutler and his PR team. It is tell Cutler’s side of the story in the best way possible through another person not at the center of the mess. Cutler could have given an interview but that may have been counter productive and created more resentment with the Broncos.
follow @JohnWPeterson on twitter
Again, I am not taking Cook’s side or saying he is in the wrong. I cannot point to an example of how Bus has negatively impacted Cutler as the “saga” is ongoing. All I am saying is that all agents, Cook or otherwise, should be careful about what they say and who they say it to.
follow @Darren_Heitner on twitter
I understand, I was just highlighting the situation that you were trying to make an example of. As for being careful about what you say, that is a basic fundamental of business or for that fact life considering the technology we have today. Twitter has made sure that your thoughts or comments can be posted seconds after they are said or had. The old saying “you can’t unring a bell” never holds more true these days. I also think that you should key in on the agency relationship with regards to the actual and apparent authority an agent has for speaking for the client.
follow @JohnWPeterson on twitter
Apparent authority speaks for itself, but depending on the agency relationship between player and agent, the player may hand over the power of attorney, or at the least, authority to speak on behalf of the client, to the agent in the standard representation agreement.
P.S. – We don’t even realize the immense power of Twitter yet.
follow @Darren_Heitner on twitter
I hate to do this to you but your examples above: “but depending on the agency relationship between player and agent, the player may hand over the power of attorney, or at the least, authority to speak on behalf of the client, to the agent in the standard representation agreement,” are examples of actual authority. Apparent authority arises from the reasonable belief of third parties and subsequent reliance on that belief. No worries though.
Twitter is going to bring a whole new aspect to negotiations and behavior and moral clauses. That should be a topic for an article.
follow @JohnWPeterson on twitter
And no disrespect to you, but if you read my comment, I said that “apparent authority speaks for itself, BUT”, meaning I switched to talking about actual authority.
follow @Darren_Heitner on twitter
My mistake – totally misread that. Sorry.
follow @JohnWPeterson on twitter