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Headline Recruiting Sports Law

New NFLPA Regulations Will Attempt to Restrict Recruiting by Non-Certified Agents

Two days ago, the NFLPA sent an email to all certified Contract Advisors concerning the NFLPA Board of Player Representatives’s recent approval of amendments to the existing NFLPA Regulations Governing Contract Advisors.  The memorandum attached to that email is embedded at the bottom of this post.

The memo advises agents to pay particular attention to Resolution No. 1, which repeals the Junior Rule and prohibits Contract Advisors from “using, employing or entering into any business relationship with an individual to recruit prospective player-clients who is not an NFLPA Certified Contract Advisor.”  The Junior Rule should have been repealed immediately after it was established.  The new prohibition sounds great in theory, but appears to be rather difficult to enforce.  And then there is the concern by many agents that the NFLPA may selectively enforce the new prohibition, letting some of the more “connected” agents off the hook in the case of a violation.  The amendments are not effective until June 1, 2012, which gives Certified Contract Advisors some time to terminate any conspicuous written agreements with non-certified recruiters/runners.

The new prohibition may have the largest effect on Sports Management Worldwide (SMWW) based on the company’s business model.  SMWW sells an online, 8-week “Athlete Management Course” for individuals who want to become, or work with, sports agents.  SMWW refers to its Athlete Management Course graduates as “Agent Advisors,” but under the new NFLPA resolution, can these Agent Advisors recruit football players prior to being certified by the NFLPA?  It appears that the answer is conclusively no.  In the past, SMWW offered Agent Advisors the opportunity of teaming up with NFLPA Certified Contract Advisors to recruit new clientele, but under the new NFLPA regulation, that option is no longer possible.  However, Agent Advisors will continue to have the opportunity to work with players after they are signed to a Standard Representation Agreement (SRA) an NFLPA Certified Contract Advisor who is a part of SMWW.  Once SMWW signs a player, it becomes an internal issue, and Agent Advisors can help service clients in-house.  SMWW President Dr. Lynn Lashbrook believes that the new rule will make his company even stronger and more successful, because it will require that Lashbrook is more involved in the recruitment of players.  Lashbrook is confident that he can compete with anyone out there.

There are a total of five resolutions in the embedded memo, below.  A quick note regarding Resolution No. 3 – the existing requirement that individuals applying to be NFLPA Contract Advisors have a post-graduate degree continues to contain a “sufficient negotiating experience” exception.  However, that exception  (which is still rather subjective) has been clarified.  Applicants must have at least seven years of sufficient negotiating experience in order to avoid the post-graduate degree requirement.

2012 Memo to Agents Re Amendments to the Regulations

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.