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The AFL’s Future: Sink Plunging Or Swim-Moves?

Arena Football League

In December 2008, the Arena Football League canceled its 2009 AFL season with the intention of reviving the league for the start of a 2010 season.  Since then, Commissioner Ed Policy relinquished his position, but stated that the position of Commissioner will be abolished as a whole in favor of appointing a new person in a new role of CEO.  The AFL apparently remains in business, and wants to be viewed as a business by using a term like CEO over Commissioner.  In fact, a tentative agreement has been struck on a revised four-year Collective Bargaining Agreement.

The deal reportedly reduces costs — including salaries — and helps lend financial stability to the league. And the AFL was also said to be exploring a less-costly centralized business operation model.

“Players are making economic concessions now in return for a share of expected increases in the league’s value and revenue, because the players believe in the future of the AFL,” Richard Berthelsen, AFL Players’ Association acting executive director, said in a statement.

At the same time, this paragraph should worry those who expect the AFL will be coming back soon:

Moreover, the suspension forced teams to lay off nearly all support staff — including ticket and sponsorship sales, media relations, finance and marketing personnel and even people who answer the phones. Most Web sites are now dormant and one team — the Georgia Force — lost control of its URL (georgiaforce.com).

March 2010 is less than a month year away.  Will teams be able to basically build their infrastructures over again from scratch, pay players their salaries, and generate ticket sales in time?  Major League Baseball was able to come back from a partially scrapped season in 1994.  But Arena Football isn’t Major League Baseball..

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.

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