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Sports Law

A Big Parley (NFL + NBA + MLB + NHL + NCAA) v. Delaware

On Friday of last week, the NCAA, along with “The Big Four” American professional sports leagues (NFL, NBA, MLB, NHL (side note: I recently heard a professor refer to them as the Big 3.5), filed a federal suit against the state of Delaware.  The leagues + NCAA are concerned over Delaware’s new declaration to allow people to make individual wagers on the outcomes of professional and collegiate games.

For a long time now, Delaware has allowed parley bets (a single bet based on two or more individual bets, that only pays out if all individual bets are in favor of the bettor), which was initially permitted by Delaware as a form of lottery.  The Professional and Amateur Sports Protection Act (PASPA) prohibits sports bets, but allowed Delaware to continue permitting parley bets, as they existed before the federal legislation was enacted.  Does a single bet not fall into the category of a “lottery”?  It is harder to win a parley than a single bet, but either both are games of chance or neither are games of chance…I don’t see how one is and one is not.  Personally, I believe that it’s all based on luck, and that very little skill is involved in making any type of sports wager (unless you have inside information).

The best analysis I have read concerning the pending litigation was written by Jeffrey Standen: NFL v. Delaware: Round II.

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.