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Sports Agents Sports Law

99 Problems…Is The NFLPA One?

Jeffrey Standen, also known as The Sports Law Professor, strongly believes that the cause of NFLPA agent problems (he gives examples of Carl Poston and Tank Blank) stems from the players association itself. As always, I encourage you to check out the article in its entirety, but if you are too lazy or crunched for time, here is a quick recap of Standen’s main points on why the NFLPA should implement changes and act more like the MLBPA when it comes to the regulations of player agents:

  1. Agents are limited in what they can charge clients for services rendered (3% tops).
  2. The certification process is intense compared to other professional leagues.
  3. The cap of 3% may lead the best agents toward representation in other sports.
  4. “Players can’t pay for the best even if they want to.”
  5. Agents must spread themselves thin (taking a big client list) in order to make a living.
  6. The fixed maximum fee makes it hard for players to determine quality of an agent.

And here is Standen’s final point in its entirety:

But to the free market the NFLPA will not turn. Instead, in the wake of recent scandals and Congressional oversight, the football union will likely adopt more certification and continuing education requirements and more limits on the ability of players to contract freely with agents. Further regulation will only create additional costs to entry, exacerbating the NFLPA’s problem. The NFLPA should try to draw the best agents to professional football, not push them away.

This is a very interesting take, and a viewpoint that is rarely put forth in the world of sports. In fact, most of the discussion about player association reform concerns changing the MLBPA to look more like the NFLPA. Instead, maybe the MLBPA is doing the right thing by allowing a “free market” for players and agents.

Which players association do you feel is doing a better job taking care of its registered agents and watching over their moves?

-Darren Heitner

p.s. – talking about NFLPA violations…I just spoke on the Adam Taxin radio show about the Reggie Bush scandal.  I will post it up once I get the mp3 and transcript.

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.