Super Bowl XLII saw the Patriots leading the Giants17-14 with Eli Manning facing a 4th and 26.  The Patriots pass rush almost had him wrapped up before Manning threw a desperation prayer miraculously caught for the first down, eventually leading to a last-minute touchdown.  A dejected Tom Brady walked off the field in an unfamiliar place: the losing end of a Super Bowl.  Manning was hailed as a hero after pulling off perhaps the biggest upset in Super Bowl History.

A torn ACL followed by two disappointing playoff losses later, Brady finds himself against a familiar adversary in a rematch against Manning and the Giants.  There is no debate that Brady will end up in the Pro Football Hall of Fame.  In his ten years as a starter he’s made the Super Bowl five times.  He has three Super Bowl titles (winning MVP of the Big Game twice) and two NFL MVP awards.  You can find his statistics scattered all over NFL record books.  He makes more Pro Bowls then T.O. does sit-ups on his driveway.

But is he the greatest of all time?  Not if he loses two Super Bowls to Manning.  A victory however, ties him with Joe Montana and Terry Bradshaw as the only quarterbacks with four Super Bowl titles.  It would also put him ahead of Montana for the most career playoff victories all-time by a starting NFL quarterback.

Manning offended football circles earlier this season when he suggested that he was an elite quarterback in the NFL.  The very thought of him on the same level with the likes of Brady, Brees and his brother Payton didn’t resonate well.  But after almost throwing for 5,000 yards and a second Super Bowl appearance after upsets over the 15-1, Packers and 13-3, 49ers – he is backing it up.

Manning has already won a Super Bowl, not to mention a Super Bowl MVP Award.  He too has multiple Pro Bowl appearances.  But a victory would propel him to stardom with only one Super Bowl behind Brady and 1 ahead of, dare I say – Payton.

The two quarterbacks have traveled distinctly different journeys to get to this point.  One is playing to get to the Hall of Fame while the other vies to be the best the game has ever seen.  For Manning, it would mean stepping from the dark shadows as Payton’s little brother to: “You can’t spell Elite without Eli!”  For Brady, this is a shot at vindication.  It’s a chance to skyrocket into football infamy and rewrite his legacy by avenging the most crushing loss of his career.

Brady and Manning Legacies on the Line in Tonight’s Super Bowl from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Before getting into Cornwell’s arguments, it is worth taking a moment to consider who David Cornwell is and how he is so delicately connected to the NFLPA and the players that the association represents.  First of all, Cornwell went up against DeMaurice Smith for the title of Executive Director after the late Gene Upshaw had passed away, leaving an opening at the top position in the NFLPA.  Cornwell has over 20 years of expertise in the professional sports industry, representing professional athletes and sports agents in their legal affairs.  To be clear, Cornwell is not an NFLPA Contract Advisor himself, but he has been retained by NFL players and NFLPA Contract Advisors for various types of legal matters, including representation with regards to grievances through the NFLPA’s mandatory arbitration process.  In the past, Cornwell was Vice President and General Counsel of Upper Deck Company and Assistant General Counsel for the National Football League.  Suffice it to say, Cornwell knows the ins and outs in the world of professional football.

Cornwell’s observations are cleanly broken up into various sections.  The longest section of his memo concerns the new NFL Collective Bargaining Agreement (CBA) that was signed in 2011.  The other sections include a discussion of Terrelle Pryor’s suspension, the new NFL Drug Policy, the NFL’s Conduct Policy, and the NFLPA’s apparent lack of care for enforcing agent regulations.

As stated, the bulk of Cornwell’s memo reveals his dismay about the newly established NFL CBA.  He explains that players were misguided into believing that they would receive 47% of literally all NFL revenues, when in fact, that percentage is based on net revenues, and not gross revenues as was contemplated by the previous agreement.  Cornwell also states that the use of the term “True up” is misleading and that the idea of “Revenue Buckets” is a red herring.  Other issues are discussed at length.

Cornwell was tacitly involved in Terrelle Pryor’s suspension as Pryor’s retained attorney.  Cornwell’s main issue is the way that DeMaurice Smith accepted a five game suspension for Pryor without following up with Pryor and/or Cornwell after Pryor answered some questions posed to him by Smith.  The way that Cornwell explains it, the NFLPA advised the media that the NFLPA urged Pryor and Cornwell to reject the five game suspension (which Cornwell says was false), Cornwell announced that he would appeal the decision, and then DeMaurice Smith demanded Pryor’s agent to provide Smith with a letter promising that the suspension would not be appealed.  Cornwell uses words like “baffling” and “deceptive” in his memo.  The story he paints makes me question what was going on behind closed doors.

I’ll skip the Drug Testing and Conduct Policy issues and jump right to Cornwell’s final section: Agent Regulations.  The following excerpt from Cornwell’s memo will probably not surprise the readers of this website.

In the Conclusion section of Cornwell’s memo, he wrote, “Despite my greatest hopes, my personal experience reveals that De’s vision in 2008 was little more than an inside Washington political campaign — high on style, low on substance. De’s grandiose pronouncments did not translate into meaningful progress in the business of playing football. Rather than  advancing the partnership between players and team owners, the new 10 year CBA relegated NFL players’ status to mere employees.”  Cornwell is “stunned at what the NFLPA has become under De’s leadership.”  Cornwell recognizes that DeMaurice Smith is not required to answer the memo, and in all likelihood, Smith will probably resist making any comment.

David Cornwell Stunned At What NFLPA Has Become Under DeMaurice Smith’s Leadership from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

It feels like just yesterday that Chris “Beanie” Wells donned the scarlet and gray of THE Ohio State University.  It also feels like just yesterday that Wells was signed to DeBartolo Sports.  But back in October 2010, Wells switched from DeBartolo to Drew Rosenhaus of Rosenhaus Sports Representation (RSR).  At the time, it seemed like quite a trend; many players were leaving DeBartolo in favor of RSR.

Fast forward a year and a few months, and Wells is making another change.  He has recently dropped RSR and signed with Sean Howard of Octagon Football.

The former 1st round pick under-performed in his first 2 years in the NFL, but then had almost as many yards in 2011 as he amassed in 2009 and 2010 combined.  2011 could prove to have been very important for Wells, because he was given a chance to get a lot of carries after the Arizona Cardinals’ second round pick, Ryan Williams, ruptured the patella tendon in his right knee, and sat out the entire 2011 season.

On To The Next One: Beanie Wells (Part II) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

On March 20, 2004, a man by the name of Darrell Wills made a written proposal to current Baltimore Ravens wide receiver Anquan Boldin whereby Boldin would provide Wills with $170,000.00 for the purpose of Wills creating a sports agency called, Imagine Sports International (ISI).  The proposal included a promise by Wills that he would repay the $170,000.00 loan plus interest within five years.  It also established that Wills would only charge Boldin 2.5% on his professional contract instead of the NFLPA maximum 3% commission and handle all of Boldin’s marketing for only 15% commissions instead of 20%.  Wills signed a promissory note that same month.  More than five years elapsed and Wills failed to pay Boldin the $170,000.00 much less the interest.

In 2011, Boldin filed a Complaint for Damages and Determination of Dischargeability of Debts.  Wills had previously filed a voluntary petition for relief under Chapter 7 of Title 11 of the United States Code.  In the Complaint, Boldin made sure to point out that pursuant to the rules of the NFLPA, agents of NFL players are prohibited from borrowing money from their clients.  Boldin filed a Motion for Entry of Default Final Judgment, which the Court granted.  The Court stated that Boldin was due $280,115.28.

It is unknown whether Boldin has received any of that money.  Perhaps he appropriates some more time to recouping his money now that the Baltimore Ravens’ season has come to a close.

Anquan Boldin’s Former Agent Owes Him A Boatload Of Money from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Robert Quinn was selected #14 overall by the St. Louis Rams in the 2011 NFL Draft.  Quinn was represented by Carl Carey, Jr. of Champion Pro Consulting Group, Inc. months prior to being selected by the Rams.  Carey, Jr. paid for for many of Quinn’s expenses leading up to the NFL Draft, including the player’s housing, transportation, and NFL Combine training, and provided loans to Quinn based on his requests.

Quinn terminated his professional relationship with Carey, Jr. mere days prior to the conclusion of the NFL lockout.  Drafted players had not been able to negotiate and sign contracts with the teams that drafted them up until the end of the lockout.

On July 25, 2011, Carl Carey, Jr. and his company, Champion Pro Consulting filed a Complaint against former University of North Carolina defensive end Robert Quinn, Quinn’s Business Manager, Boca Raton, Florida-based Impact Sports Football, LLC, and two of Impact Sports’ agents (Mitch Frankel and Tony Fleming).  Carey, Jr. wanted to make sure that the first $300,000 Quinn received from his contract with the St. Louis Rams was paid immediately to Carey, Jr., and aimed to prevent Impact Sports from negotiating Quinn’s contract.

The Complaint was filed in the United States District Court for the Southern District of Texas, Houston Division.  On November 21, 2011, Carey, Jr. and Champion Pro Consulting Group filed a notice to voluntary dismiss their lawsuit without prejudice to refile, which the Court granted.

All was quiet until January 9, 2012, when Carey, Jr. and Champion Pro Consulting Group filed another lawsuit against the same named defendants (embedded at the bottom of this post), but this time filed the action in the United States District Court for the Middle District of North Carolina.  The Plaintiffs also decided to throw in a new defendant – former UNC and current New York Giants defensive end, Marvin Austin (who is represented by Impact Sports).  The Plaintiffs were not able to prohibit Impact Sports from negotiating Quinn’s rookie contract (for $9.4 million), but still want to be paid by Quinn for the expenses paid on Quinn’s behalf leading up to Quinn signing his professional contract with the St. Louis Rams, want a 3% commission on Quinn’s rookie deal, and wish to be compensated by the other named Defendants based on the Counts alleged.

Why don’t we see more of these types of sports agent cases brought in court?  Under Section 5 of the NFLPA Regulations Governing Contract Advisors, the NFLPA’s arbitration procedure is the exclusive method for resolving any and all disputes that arise from:

A dispute between two or more Contract Advisors with respect to whether or not a Contract Advisor interfered with the contractual relationship of a Contract Advisor and player in violation of Section 3(B)(21). If a Contract Advisor proves such a violation of Section 3(B)(21), then the Arbitrator shall award reasonable damages proven and/or any money award which he/she deems equitable.

However, the NFLPA decertified in early March 2011 in an effort to file an antitrust action (amongst other stated reasons) against the NFL after the NFL locked out its players.  The Plaintiffs believe that Section 5 of the NFLPA Regulations Governing Contract Advisors does not apply to their case, since they say that the Defendants committed their illegal actions while the NFLPA was still decertified and the regulations were not in effect.

The premise of Carey, Jr.’s Complaint is that Robert Quinn’s Business Manager (and girlfriend?), Christina White, led Quinn to believe that Impact Sports could do a better job than Carey, Jr. with regards to marketing Quinn and finding endorsement opportunities during the lockout.  Carey, Jr. also claims that White, Frankel, and/or Fleming told Quinn that he should have been selected higher than #14 overall in the 2011 NFL Draft, and that Frankel and Fleming would pay Quinn $50,000 along with pay Carey, Jr. and money Quinn owed to him.  Further, the Plaintiffs allege that Marvin Austin was paid by Impact Sports in return for recruiting players, including Quinn, who were represented by rival agents.

There are a total of 7 Counts in the new Complaint, including tortious interference with contract, civil conspiracy, unjust enrichment, beach of contract, unfair methods of competition and slander per se.

A couple of final notes of interest:

Carl Carey Jr. Continues His Fight Against Robert Quinn And Impact Sports; Includes Marvin Austin from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

It’s an agent’s dream.  Let another agent do all the babysitting and then sign a player right before he becomes a free agent and signs a new contract.  Agents don’t get paid for babysitting; they get paid for being the agent of record when their clients sign new deals.  Therefore, dream come true for Brian Mackler and James Ivler of Sportstars.

The gentlemen at Sportstars recently signed New York Jets nose tackle Sione Pouha.  While Pouha and the Jets did not make the playoffs (thanks in part to my Miami Dolphins), Pouha can expect a nice pay raise going into next season.  He was drafted by the Jets in 2005 and signed a three year extension in 2008.  Therefore, he will be a free agent in March 2012.  Whether he re-signs with the Jets remains to be seen.  He had over 50 tackles, a forced fumble, and a safety in 2011.

Pouha was formerly represented by Kenneth F. Vierra Jr., a partner at law firm Lynch, Gilardi & Grummer, which is based in San Francisco, California.

On To The Next One: Sione Pouha from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Jacksonville Jaguars cornerback Derek Cox was drafted in the 3rd round (#73 overall) of the 2009 NFL Draft.  Prior to entering the NFL, Cox was a 4-year starter at William & Mary, where he was twice selected All-Colonial Athletic Association.  Cox amassed 22 tackles through Week 11 of the current NFL season, but was placed on injured reserve with a knee injury late in November.  In his first two years in the NFL, Cox tallied four interceptions per season.  Prior to his injury in 2011, Cox had not picked off a single pass.

Sources have confirmed that Derek Cox is now represented by SportsTrust Advisors, which is the brainchild of Jimmy Sexton and Pat Dye, Jr., who merged their two respective companies, Athletic Resource Management (ARM) and ProFiles Sports, Inc. last year.  However, Sexton recently left SportsTrust to join up with Creative Artists Agency (CAA), where he recently signed Memphis defensive tackle Dontari Poe, who is projected to be a first or second rounder in the 2012 NFL Draft.  Pat Dye, Jr. continues to operate SportsTrust Advisors.

Cox was previously signed with David J. Sullivan of Kaufman & Canoles, P.C. (K+C Sports).

On To The Next One: Derek Cox from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Bryant was selected by the Dallas Cowboys as the #24 overall pick in 2010.  The Cowboys signed him to a five year contract worth up to $11.8 million, including $8.5 million guaranteed.  With many years left in his rookie contract, Bryant has fired Parker and signed with Drew Rosenhaus of Rosenhaus Sports Representation.

Rosenhaus just seems to have a knack for scooping up players prior to them signing their second contracts (where the real money starts to be made).  Don’t be surprised if you start to hear about negotiations between Bryant and the Cowboys regarding the renegotiation of Bryant’s rookie contract.

On To The Next One: Dez Bryant from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Blake Baratz

When I spoke to Baratz in January 2011, I noted that he had experienced success recruiting players out of Wisconsin.  I asked how he was able to get such a strong grasp on the school.  His response was,

“It all starts with one player. You get one player, you do a great job for him and his family and they refer you to someone else. The thing that I am most proud of as President of The Institute for Athletes is the fact that we only work off of referrals. This is extremely rare in this business. We have built this business with 100% referrals. No Runners, No recruiters, No Facebook, No cold calls, No Website. Strictly referrals. I think that in and of itself is a testament to what a great job we are doing for these players and their respective families.”

Baratz is trying to take his formula for success from Wisconsin and make it work with the signing of players in Michigan.  Stevie Brown was a 7th round pick in 2010 from Michigan and Mathews was an undrafted player in 2010 out of the same school.  The Institute for Athletes looks to continue to build its Michigan presence beyond the signing of Brown and Mathews.  I have a feeling that the company will be successful in its effort.

On To The Next One: Stevie Brown And Greg Mathews from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The extremely talented NFL linebacker Terrell Suggs, most recently made famous for stating he is from “Ball So Hard University” (he is actually from Arizona State University, and I admit that after taking a recent trip to speak at the University, they ball pretty damn hard), has signed a representation agreement with Joel Segal of Lagardère Unlimited.  He was formerly represented by Gary Wichard of Pro Tect Management, who passed away in March 2011.  Suggs had not filed paperwork with the NFLPA stating that he had a new agent until this week.

Other former Wichard clients who have signed new representation agreements include, Calais Campbell (Creative Artists Agency), Antonio Cromartie (Creative Artists Agency), Jimmy Clausen (Athletes First), and Jamaal Anderson (Lagardère Unlimited).

On To The Next One: Terrell Suggs from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules