Prior to last night, if baseball agent Dan Lozano was a stock, his rating would be “Buy, Buy, Buy.”  It is not a far-fetched claim to state that no agent, in any sport, has experienced the meteoric rise in popularity in the past few years that Danny Lozano has accomplished.  Lozano departed from Beverly Hills Sports Council (BHSC) in 2010, and took his major clients with him.  Those clients included Albert Pujols, Jimmy Rollins, and Michael Young.  These big names became clients of Lozano’s new Icon Sports Group.

In 2011, Lozano hit the recruiting circuit hard.  He signed Nick Swisher (formerly represented by Joe Bick), Yonder Alonso (formerly represented by Greg Genske), Carlos Beltran (formerly represented by Scott Boras), and Alex Rodriguez, amongst others.  It seemed like Lozano was on freaking fire.  Gary Wichard type of crazy, quick success.  But when one increases in popularity, the skeletons come out of the closets.  Those with gripes come forward to spill the beans.  If you read the post that was published yesterday on Deadspin, you will find that someone had a very large can of beans to fry.  Writes Barry Petchsky of Deadspin,

A plain manila envelope with no return address recently appeared on the desks of a number of media outlets, including ESPN.com, Sports Illustrated, Fox Sports, and Deadspin. Inside were names, documents, and photographs, all telling a story of Lozano’s rise to power by any means necessary.

Here is the money shot, which a former co-worker of Lozano’s said to Deadspin:

“You kind of accept that you’re getting into the sleaze. It’s a sleazy world. But Danny was King of Sleaze Mountain.”

One must read the entire story to understand the depth of the accusations and view the pictures that are attached to the post.  While reading Petchsky’s piece, Lozano does not come off as a “super agent,” but instead, someone who will go to any and all lengths (including hiring escorts) to gain and please clientele.

Albert Pujols, Jimmy Rollins, and Lozano’s other clients will undoubtedly read the article published on Deadspin.  The most interesting thing will be to follow their reactions and whether any of them publicly comment on what was written.

Baseball Agent Dan Lozano Gets Scorched By Deadspin from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Alex Rodriguez has been around the block when it comes to representation.  In 2007, he dropped Scott Boras (only concerning marketing) in favor of Madonna’s agent, Guy Oseary.  Then, in 2008, Rodriguez hired William Morris Agency (WMA) for marketing purposes.  In 2010, Rodriguez dropped all ties to Boras, terminating his relationship with Boras Corp. with regards to negotiating baseball contracts.  Many people believed it did not matter based on the likelihood that Rodriguez would no longer play after his current contract ends.  This year, Rodriguez changed marketing agents again, hiring Steve Loy of Gaylord Sports Management.  And finally, A-Rod has just hired a new agent to handle any future baseball contracts.  The lucky new agent is Dan Lozano, who broke off from Beverly Hills Sports Council (BHSC) to start his own agency with clients like Albert Pujols, Nick Swisher, Yonder Alonso, and now Alex Rodriguez.  Let’s hope that A-Rod does not change his mind any time soon for the sake of Mr. Lozano and Mr. Loy.

Dan Lozano’s Empire Expands With Addition Of Alex Rodriguez from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

In 2010, Alex Rodriguez fired Scott Boras.  Boras had been Rodriguez’s MLBPA certified agent; his responsibility was to help Rodriguez choose the teams he would play for and negotiate the terms of his contracts with MLB teams.  However, Rodriguez has always had many other “agents” helping him out off of the field.

In 2007, Rodriguez dropped Boras as his marketing agent and signed Madonna’s agent, Guy Oseary, to negotiate his marketing/business affairs.  In 2008, Rodriguez hired William Morris Agency (WMA) to handle all of his marketing-based initiatives.  In 2009, WMA merged with mega agency Endeavor.

In 2011, Alex Rodriguez has a new marketing agent.  He recently hired Steve Loy of Gaylord Sports Management to work on his marketing deals.  Gaylord has already put up a nice profile page for Rodriguez, and made sure to include that, “In 1999, he was named one of People magazine’s 50 Most Beautiful People.”

A-Rod has been around the block went it comes to marketing agents.  I hope that Gaylord is able to have more success with the Yankees slugger than his former marketing reps.

Alex Rodriguez Goes With Gaylord For Marketing from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Darren Heitner: What percentage of your firm’s work is related to Sports Law?  What about your individual work?

Jay Reisinger: My personal caseload is about 85% Sports Law related.  Sports Law is about 50% of my firm’s total caseload. My firm also handles white-collar criminal defense and complex civil litigation.

Heitner: What is the most interesting Sports Law case you have ever litigated?

Reisinger: I’ve been lucky that in my career in that I have had a number of interesting Sports Law cases.  However, the most interesting Sports Law matter that I handled was Sammy Sosa’s testimony before Congress related to performance enhancing drugs in Major League Baseball.  The shear number of interested parties and competing interests created an intriguing and challenging atmosphere.  It was also the first case that I worked on with James Sharp, a well-known Washington, D.C. trial attorney who has also worked with me on Andy Pettitte and Alex Rodriguez.

Heitner: What are your thoughts on the current final-offer arbitration in baseball?  Any ideas on how to make the proceedings leading up to a hearing, and the hearing itself, more effective?

Reisinger: I believe that final-offer arbitration works to the benefit of the entire salary arbitration system.  Final-offer arbitration encourages mutually agreed upon settlements, which is why, on a percentage basis, very few cases actually go to hearing.  Hearings are reserved for those cases where, in the main, there is a philosophical chasm between the player and the club. Given that the system works well for all parties, I am not in favor of making any modifications to it.

Heitner: Does your negotiation strategy include anything that we won’t find much of in negotiation textbooks?

Reisinger: I’m not sure that I read any negotiation textbooks, so I’m not sure what’s in them!  I truly believe that it’s a skill acquired through experience.  That being said, I have found that the most useful negotiating tactic is preparation.  The ability to quickly counter on specific negotiating points at the table has served me extremely well.  Further, if you prepare for every eventuality, you are never surprised.

Heitner: Should the NCAA’s no-agent rule be abolished, or at least modified?

Reisinger: At a minimum, it should be modified.  The James Paxton and Andy Oliver cases were perfect examples.  How is a college (or potentially college-bound) student supposed to make life-changing decisions without appropriate and experienced counsel?  Quite frankly, the NCAA’s position on the matter is outrageous.

Heitner: You are a certified player agent with the MLBPA. Do you currently represent anybody on a team’s 40man roster? Who have been your more noteworthy clients?

Reisinger: I am a certified agent with the MLBPA, but I don’t represent (as an agent) any player on a 40-man roster.  I represent professional and amateur athletes as an attorney.  I represent athletes in disciplinary matters, grievance proceedings, eligibility matters, criminal and civil litigation, and salary arbitration.  I have represented players such as Sammy Sosa, Andy Pettitte, Alex Rodriguez, and Francisco Rodriguez, just to name a few.

Heitner: Does your firm have any plans to expand outside of Pittsburgh, Pennsylvania or to hire any new associates?

Reisinger: As it stands now, we have a nationwide practice that just happens to be based in Pittsburgh.  We are always looking for talented attorneys and staff who share our passion for the work that we perform for our clients.

Heitner: What would you suggest to somebody who is interested in not only being a sports agent, but practicing in the area of Sports Law?

Reisinger: The most important advice that I can give to those interested in Sports Law is to get practical legal experience in areas outside of Sports Law.  Prior to focusing on Sports Law, I practiced primarily white-collar criminal defense and complex civil litigation.  The experience that I gained in these areas, including litigation skills, has served me, and more importantly, my clients, well.

Q&A With Sports Attorney Jay Reisinger from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Baseball

• Not news. A-Rod has had Resinger as legal rep for a while now [Alex Rodriguez using Pittsburgh attorney, not Scott Boras, as legal representative].
• A look at an email Brandon Webb’s agent sent to a popular baseball blog [Webb Seeking Significant Base Salary For 2011].
• Teams that do not spend big money in free agency are proving to be very aggressive in the draft [Surprise Teams Spend On Draft].

Football

• As of today, the San Diego Union-Tribune story is still up [Vincent Jackson, agents demand retraction from San Diego Union-Tribune].
• I bet they also live longer than offensive tackles, on average, due to an adherence to a healthier diet [Is Cornerback The Next Great Money Position?].

Sports Law

• I think Stoops is way off, but they did not quote me on that! [Bob Stoops: Amnesty for some players].
• California’s sports agent law being tested [Sports Agent Sued for Collecting Illegal Commissions; Action Sports Athletes Entitled to Refund].

Sports Business

• No one has seen a lift in popularity quite like Victor Cruz [Rising Sports Stars: September 2010].

Shabbat Shalom: Friday Wrap-Up (9/3/2010) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

In many’s eyes, Albert Pujols is the best baseball player around and quite frankly, his numbers support that claim.  Pujols’ career statistics are superior  than many of the other players that hold down spots on the highest-paid list in the MLB; names such as Alex Rodriguez, Mark Teixeira, Manny Ramirez, Derek Jeter and Carlos Beltran.

Here is a list of these players and their current contracts:

• Alex Rodriguez – $238 million, 9 years
• Carlos Beltran – $119 million, 7 years
• Mark Teixeira – $108 million, 8 years
• Derek Jeter – 2009: $20 million, 2010: $21 million
• Manny Ramirez – 2009: $25 million, 2010: $20 million

Seeing as Albert Pujols’ career stats (.334, 40/122, 1.053) are better than A-Rod’s (.305, 42/122, .966), I think it is safe to say that Pujols should be a $200+ million man in the immediate future. Anything less would be tragedy!

Albert Pujols: Cash Flow Under-Achiever from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

And in this day and age, is it incredibly easy to make one’s self visible through the use of social media. Sometimes, though, there are pitfalls (in addition to the downsides of releasing contract terms) of using these outlets.

Such is the case of O’Neal, for one, who has recently spent a great deal of time holding on to the limelight by any means possible, most commonly by his use of Twitter.

As Fox Sports’ Mark Kriegel points out, O’Neal is a diversified showman, but at the same age, Kareem Abdul-Jabbar wasn’t pining for media attention, he was averaging 22 PPG en route to earning the NBA Finals MVP.

Kriegel also states that the news of O’Neal to the Cavaliers that re-surfaced during the NBA Finals was released at the wrong time. Similar to Alex Rodriguez and Scott Boras’ announcement during the World Series that Rodriguez would opt out of his contract with the Yankees, there is a right time and a wrong time for players and agents to attempt to create publicity.

In fact, if done incorrectly, it could hurt the reputation, change the way the personas of the parties involved are viewed, and actually do more damage than intended good. It is important to ascertain the best time for using social media in an age when information is instantly shared with millions of people across the globe.

O’Neal’s antics are enjoyed by all, but as his celebrity fades, he should consider focusing his energy on once again making waves on the court rather than in the media.  There are ways to gain the spotlight without abusing social media.

There is nothing wrong with O’Neal’s use of Twitter and other sites like Facebook, but he should let the exposure come to him instead of forcing the spotlight on himself with actions such as tweeting during halftime of a game. While some people may have no problem with this as social media continues to gain popularity, O’Neal is paid millions of dollars to play the game and anything that could possibly take his focus away from winning should be frowned upon by front offices and fans.

O’Neal knows how to get his name in the headlines, which can be incredibly advantageous for endorsement deals, as long as his actions are deemed acceptable by the media and fans. Several slip-ups could change fans’ perspective of O’Neal from one of the most dominant players ever to Twittering fool who focuses more on himself than the team he plays for. That kind of exposure is a risk if social media actions become lax.

The power of social media is immense, but taking precautions to prevent negative publicity is just as important as the tools itself especially as more and more people turn to these sites as a mean for news. Other athletes can learn from O’Neal as he inches closer and closer to the line.

Social Media Use Risks Come with Benefits from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Since free agency began in the 1970′s, the trend for rising contracts has skyrocketed.  In addition, there has been a continuous push towards defining sports as big business.  Just think about the deals we’ve witnessed in this past year.  C.C. Sabathia signed a 7-year, $161 million contract with the New York Yankees, who also opened their new $1.5 billion stadium in the Bronx.  This latter fact wouldn’t be as disheartening, until you remember that the New York taxpayers are picking up the tab during one of the worst recessions in American history.  A year ago we saw the Dolphins give their #1 draft pick Jake Long a 5-year, $57.75 million contract.  A player who had never stepped foot on a pro field became the highest paid offensive linemen in the NFL.  No need for more examples of the huge deals that have already been made amidst this economic crisis.

So where does this bring us?  What’s the state of affairs now?  Both the New York Yankees and the New York Mets overestimated their ability to sell high-priced seats in the newly christened Yankee Stadium and Citi Field.  Keep in mind that some of the seats in the New Yankee Stadium exceed $2,500, so who’s surprised that they aren’t filled for every game?  Both owners have now decided that they will review their ticket prices and possibly make changes.  Likewise, ticket sales are down in many places, and many teams are coming up with new, creative ways to sell seats.  The Detroit Pistons are clearly feeling the wrath of the economy, as they struggled to sell tickets for Friday night’s playoff game against the Cleveland Cavaliers.  Tickets were found on Stubhub for as low as $11, and the team’s front office even sent e-mails to Cavs season ticket holders offering tickets to those who want to make the 4 hour drive.  But the business of sports is not in a complete decline; in fact, it’s becoming increasingly impossible to make a general statement about the effect of this economic downturn on the industry.  Don Garber, MLS commissioner, said that the league’s law firm had canceled its season tickets at Yankee Stadium.  However, the large sports law firm Proskaeur Rose actually upgraded from a 20-game package to a full season ticket package in the new stadium.  Furthermore, while the housing construction industry may be in utter disarray, the Florida Marlins plan for a new $600 million stadium was just approved.

And what about the players that make these games possible?  The week leading up to this past weekend’s NFL draft hasn’t shown us that spending is down.  The Detroit Lions and the agents for Georgia QB Matthew Stafford were in talks all week to reach a deal before the draft.  Stafford was inked to a 6-year $72 million ($47 million guaranteed) which greatly exceeds Jake Long’s contract.  So the money may be getting out of hand, especially considering we are in an economic crisis.  As a future agent, these probably aren’t the words I should be saying, but it’s probably true.  But where do we place the blame?  Jeff MacGregor, senior writer for ESPN.com and ESPN the Magazine, infers that the fans are just as, if not more, responsible than those within the industry:

“Most of the men and women I’ve met over the years in professional sports would gladly go on playing their games for much less than they’re being paid now…Rather it is the market, reflecting the madness of the individuals who constitute it, that determines the relative value of that calling, whether to be a linebacker or golfer or shortstop. The athlete (and the agent and the owner) just operate within the market we allow them to create.”

At least we know that many players will take less money if the economy forces teams to do so, but probably not without a fight.  We have seen previous examples of extremely unselfish players who opted for lower contracts, despite the current trend for ever-increasing contracts.  Before the 2007 NBA season, Tim Duncan took less money so that the Spurs could create a winning team.  So maybe there’s some hope.  At least we can sleep knowing that not all athletes are only in it for the money.  For most great athletes, it’s about the game…they’ve already made enough money.  As fans we should feel lucky that it hasn’t reached the point where the money is the only factor for most players.  Imagine if the USA basketball team had to revert to using college players for the next Olympics competition.  As for sports in general, this industry may be feeling the effects of the economic crisis, but you can count on it returning to its normal form when the economy rebounds.  The Yankees will continue spending, the Marlins will still probably offer two-fer ticket deals in their new stadium, and most fans will watch ESPN waiting to hear about that next big contract with a mixed response of amazement, excitement, and disgust.  Hopefully I will be negotiating it.

“This is the Business We Chose” from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

On the field, the undoubtedly gifted Alex Rodriguez makes it look easy, but off the field it’s a whole different story.

For one of the greatest players the game has ever seen, the highly disparaged Rodriguez is hardly revered as one of the all-time baseball greats should be. But why is this?

Sure, A-Rod has the whole steroid scandal hanging over his head, but Rodriguez’s general distaste by the fans can be summed up in one sentence.

He tries too hard.

Rodriguez is not one of the guys. He doesn’t have that competitive fire and leadership like Jeter, the everyday ironman mentality like Ripken, or even the carefree playful spirit like Manny (when he’s not trying to leave a city). He worries too much about his image, radiates a false sense of bravado, and it seems like he wants people to know that he’s better than them.

Of course technically, though, he is. But pictures like those in Details magazine vilify the supposed hero, rather than make him seem down the earth. It makes no sense why Rodriguez would agree to a photo shoot amidst his steroid scandal. Especially since the photos were taken the day after Selena Roberts questioned Rodriguez about his steroid use and a day before she published her Sports Illustrated story that knocked A-Rod off his pedestal. Really?

Now it has come out that Rodriguez used a call-girl service and even dated the Manhattan madam, Kristin Davis, who ran the business. Did one of the highest profile athletes not think eventually this news would surface? It did for politician Eliot Spitzer. Does Rodriguez want this kind of publicity? What is he thinking?

Another tabloid attracting debacle A-Rod involved himself with was his rumored relationship with Madonna following Rodriguez’s divorce from ex-wife Cynthia Rodriguez. It seems that A-Rod puts himself into undesirable situations that make it harder for the mega-star to feel accepted. His poor judgment is one of the only qualities he lacks.

Adding to the fan aversion is Rodriguez’s poor performance in October. Year after year since Rodriguez’s arrival, the Yankees have gone down in the postseason and year after year A-Rod always gives the right answer, the answer he thinks people want to hear. It makes it so clear that Rodriguez is terrified of what the public thinks of him. It’s sad that a player so talented puts so much pressure on himself to succeed that it causes him to fail every year on the biggest stage.

Pressure was his excuse for his steroid use. He felt that he needed the extra help to maintain and live up to his image as baseball’s highest paid player. Rodriguez’s inability to handle the pressure is part of what’s tearing him apart in the news.

Now he’s trying to say that he doesn’t want the other 103 positive tests from the MLB’s 2003 survey program to be released. It almost looks like he wants all the burden from the steroid era on himself, but everyone knows he can’t handle that pressure.

“This is really about my mistake,” Rodriguez told YES Network’s Michael Kay. “You know, many nights I fell asleep thinking about who I can blame, and this guy, or that guy. And when I woke up I kept coming back to the same person; it’s me. I mean, there’s no one to blame. I hope those 103 names never come out.”

A-Rod’s authentic talent should make him one of the most beloved baseball players the game has seen, but his inauthentic actions are holding him back.

A-Rod’s Own Poor Decisions Hurt Image from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Where: 14 Vesey Street, New York, NY.  See map.

When: Wednesday, March 11, 2009 – 6:30 p.m

Subject:

A forum on the representation of athletes in individualized (as opposed to team) sports in negotiations and maintenance of endorsement and sponsorship deals will take place.  Among the topics to be covered are the recent Michael Phelps and Alex Rodriguez scandals and how to handle such matters as they pertain to endorsements and sponsorships, as their attorneys.

Moderator: Paul Stuart Haberman, associate, Heidell, Pittoni, Murphy & Bach, L.L.P.

Speakers:

• Elizabeth Durkin, partner, Durkin & Durkin, LLP
• Mike DiMaggio, associate, Collins, McDonald & Gann, P.C. and former executive director of the United Supplement Freedom Association
• Christopher Chase, associate, Frankfurt, Kurnit, Klein & Selz, P.C.
• Scott Shaffer, member, The Lustigman Firm, P.C.
• Keven Davis, partner at Garvey Schubert & Barer and attorney for the Williams’ sisters

Cost: Must register.  Email dlamb@nycla.org and write ‘March 11 forum’ in the Subject line.

Public Forum: Representing Athletes in Sponsorship & Endorsement Deals from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules