You have heard of Brandon Jennings.  He had problems attaining the requisite scores to go to a D1 school and decided to play his first year out of high school overseas.  His struggles were documented, but he was still a lottery pick of the Milwaukee Bucks.  There were many doubters.  He has shut them up thus far.  Through five games, Jennings is leading the Bucks in points-per-game (18.4), assists-per-game (4.4), and minutes-per-game (31.6).  Doubters have become believers, and it has made the NCAA nervous that young players will read up on the Brandon Jennings Experiment, deciding to play overseas for a year, pocket that money, and then hopefully be a lottery pick in a future draft.  Not so fast..

While Brandon Jennings may have “cheated the system”, there are those that believe he will be a rare exception.  They look at someone like Jeremy Tyler, who has not yet tested his luck in the NBA or its draft, but has been struggling mightily overseas in Israel.  Tyler left the states a year younger than when Jennings left; he left before he completed his senior year of high school.  His coach in Haifa is not too fond of him thus far, calling him lazy, out of shape, naïve, and immature. I find it interesting that after only two games, Pete Thamel of the New York Times can already confidently say,

The Milwaukee Bucks rookie Brandon Jennings skipped college and had rocky moments while playing last season in Rome. But they were nothing compared with Tyler’s.

What does this tell us?  Not much, yet.  Tyler still has a lot of time to prove himself overseas.  And let us not forget how much criticism Jennings received before becoming a solid player in the NBA.  It seems like some of our memories are very short.  I think it is way too early to call Tyler a bust.  However, if Tyler is unable to thrive in Israel and does not pan out in the NBA, then perhaps Jennings will be looked at as a fluke success story, and Tyler’s story may dissuade others from following his path.

One thing that is certain is that there are a lot of important people paying particular attention to how Tyler fairs in the long run.  Those entities include advisors like Sonny Vaccaro, agencies like Wasserman Media Group, executives within the NCAA, David Stern, shoe companies, and many others.  Personally, I hope that Tyler wakes up and gets his mind right, because as an agent, I love having more options for potential clients.  If a future Jennings or Tyler came to me asking for guidance on what to do, I’d like to have confidence that playing overseas instead of NCAA basketball will not kill his future.

Sports Business

• A job very well done by Red Bull [Red Bull's Project X = Sports Marketing Idea of the Year].
• Maybe not the world just yet, but starting off at the high school level is a good strategy [Can Under Armour, IMG Take the World By Storm?].
• St-Pierre t0 serve as the face of Under Armour’s Underwear [Under Armour signs UFC champ Georges St-Pierre to multi-year endorsement deal].
• I actually just yesterday had this discussion with somebody [End of the Day, Live Events Make Sports, Brands, King…].

Baseball

• A little baseball trademark law conversation [Wide world of ‘Series’].

Football

• No sense of urgency on the part of the owners [League rejects "lock-in" bargaining proposal].
• A two-paragraph statement that included no explanation – bothers me [Bryant loses final appeal].

Basketball

• BJ Armstrong answers a few questions while promoting the launch of Windows 7 [An Interview with BJ Armstrong].

Rajon Rondo, the six-foot point guard for the Boston Celtics, has captured the worlds attention. The publicity he is getting is both positive and negative. The positive side being his performance with the Celts. In four seasons with Boston, Rondo has played in 239 games and has a .481 FG%, .271 3PT%, and a .635 FT%. However, he has recently been the target of criticism for being late to practice and for his overly physical play.

Whether troubled or not, the Celtics have decided that they want Rondo in their future and have signed him to a 5-year, $55 million extension. Rondo is often compared to San Antonio Spurs point guard Tony Parker. Here is how Rondo stacks up to Parker:

Rajon Rondo (2006-Present) – 239 G, .481 FG%, .271 3P%, .635 FT%, 1396 Assists, 416 Steals, 32 Blocks, and 2294 Points

Tony Parker (2006-Present) - 221 Games, .519 FG%, .315  3P%, .795 FT%, 1343 Assists, 206 Steals, 19 Blocks, and 4354 Points

Parker is slated to make $12.6 million this season and $13.5 million next season.

Sports Business

• “Take the opportunity to meet as many people as you can.” [Sports leaders explain the key to success]
• A sign that lacrosse is growing in the U.S.? [MLL, NLL lacrosse star John Glynn signs with agent Matthew Norfolk]

Baseball

• Even if they don’t make it in baseball, they may make some good money off of the rights fees [Story Of Indian Pitchers Bought By Sony].
• All because of a misunderstanding [Sports Law Blog's Joe Rosen Signs Red Sox Reliever Hideki Okajima as Client].
• That Vernon Wells contract… [Bad Contract Swap Meet].
• A great read for players, parents, scouts, and advisors [Showcases Have Turned Baseball Into A Year-Round Sport].

Football

• Keep your mouth shut and your tweeting at bay [The Cost of Larry Johnson’s Gay Slur on Twitter: $213,000].
• The UFL vs. CFL portion is a good read [Sports Agent Corner: UFL vs CFL, “Runners”, and the Stay-or-Go Debate].

Also, one last note.  Buffalo Wild Wings is hosting a cool contest.  Register to win a roster spot to play in an exclusive football game at Raymond James Stadium in Tampa, Florida, this spring.  You can register at any Buffalo Wild Wings location through November 8 (no purchase is required). The winners will be selected November 18 and will receive round-trip airfare and hotel accommodation for the February 13 game, among other prizes. The winners will be split into two teams and given celebrity coaches (ESPN’s Mike Golic and Mike Greenberg) and captains (Jerome “The Bus” Bettis and Marshall Faulk).

They also want me to share a coupon with you, which is good until November 1 (yeah, not much time to use it).  You can print this page (there is a button to do that on the top of this post), to use the coupon.

Baseball

• Some interesting ideas include: increase scholarships, bring back the one-time transfer rule, make a switch to wooden bats, and push the MLB Draft to after the CWS [College baseball still needs major changes].
• Big ATL agents (France – football and Abbott – baseball) will be in attendance [First Ever Brian McCann Celebrity Softball Game Set for 11/13].
• Quite a line from Boras: “If stem-cell research were around, you’d want to tap into that gene pool.” [Scott Boras is making pitch for Johnny Damon's free agency this winter]
• The Arizona Fall League has produced a lot of very successful Major League players [Scout's Diary: AFL Still A Great Secret].

Football

• Surprised that Antonio Gates is not in the top 10 paid TEs? [Under the Cap: Top Ten Tight Ends]
• I also hate the uniforms, but glad to see that NFL execs are taking a peek at the talent [Don't discount the UFL].
• Josh Morgan seems to be taking the news pretty well [Report: Crabtree likely to start for 49ers].

Sports Agents

• Former sports agent, Alonzo “Lon” Monk, was up to some shady business [Ex-Blagojevich aide pleads guilty to corruption].

Okay, so now that I have your attention…

Team Name: Miami Heat
Last Year’s Record: 43-39
Key Losses: Jamario Moon, Mark Blount
Key Additions: Carlos Arroyo, Shavlik Randolph, John Lucas, Quentin Richardson

1. What significant moves were made during the offseason?

Unfortunately for the Heat, the biggest move was acquiring Quentin Richardson from the Minnesota for salary hound center, Mark Blount. This summer, the Heat missed out on acquiring swing-man forward, Lamar Odom from the defending champion Lakers, and the bruising Carlos Boozer from the Jazz. The good news for Richardson and the Heat is that he brings the long ball threat that Miami loves to utilize, and he is also a long time friend of Dwyane Wade, who the Heat hope to sign an extension with this year. The Heat’s addition of Carlos Arroyo to their roster adds a veteran guard to the backcourt.

2. What are the team’s biggest strengths?

The Miami Heat’s biggest strength is…Dwyane Wade, surprised?  After a strong comeback season where he finished top 3 in MVP votes, “Flash” is back and better than ever. If second year forward Michael Beasley can get past his offseason woes, Pat Riley’s dream of a great tag-team can come full circle. The development of Mario Chalmers allows the Heat to run a fast paced offense, and by this season’s end, Chalmers will most likely be a top tier guard in the league.

3. What are the team’s biggest weaknesses?

Since the departure of Shaq and the retiring of Alonzo Mourning, the Heat’s biggest hole is the center position. Year after year the Heat try to develop a young center, but the products have been Earl Barron and Joel Anthony…enough said. With the mid-season acquisition of Jermaine O’Neal, the soft spot of the defense was hopefully going to be filled, but it seems only temporary. Perhaps with a Magloire, Anthony, and O’Neal frontcourt, the Heat can contend with the size the East has to offer.

4. What are the goals for this team?

Every so often, a summer like the one upcoming brings such great free agents that a team wants all of them. The Heat are looking to sign the likes of Chris Bosh, Amare Stoudamire, and/or put a bid in for LeBron James. The main goal is to sign Dwyane Wade to a multi-year deal in order to keep him from testing the free agent waters. The Heat are looking to add another big name to play along side Wade to not only keep him happy, but to keep the people of Miami interested.

5. Don’t count out Daequan Cook.

The third year guard out of Ohio State has shown significant improvement after each summer, including winning the 3-point shooting contest last All-Star break.  The 6-5 guard gives the Heat different looks at the guard position, and Cook has proved to be a good defender, and will only get better with experience. Look for big things from him this year.

Predicted Record: 44- 38. Due to the lack of free agent signings, the Miami Heat will improve only slightly this season and will enter the playoffs at a 4-6 seed.

Wow, that was a long paragraph.  But after almost 2 1/2 years of law school, I can now confidently say that I will graduate with a better understanding of the best practices in representing talent, and that I will have an edge over my counterparts who never put in the 3 years to attain a J.D.  I did not write that statement with the intention of denigrating anyone’s intellectual capacity, and there are plenty of amazing sports agents who have had tremendous success in scrupulously representing their clients.  However, I do believe that there is a lot to gain by going to law school, especially in the realm of learning how to effectively negotiate (which really cannot be learned by just reading a book).

There are a lot more sports agents (A LOT MORE) than there are General Managers in their respective sports.  While not every agent has had the proper education necessary to effectively negotiate on behalf of his client, you better believe that every GM knows every trick in the book, whether it be from formal education or years and years of experience.  Mark Warkentien, VP of Basketball Operations for the Denver Nuggets, is one of those expert negotiators.  During Summer, he spent a week at Harvard Law School in order to enlarge his arsenal of negotiation tools, and shared some of his wisdom with Ian Thomsen of SI.  Some important points he talks about are:

• The need to know what your counterpart is going to say before you sit down at the negotiating table.
• Find points of agreement before starting the negotiation.
• Make your counterpart justify his interests and positions.
• Face-to-face negotiations beat phone/email/fax conversations.
• Showing emotion often does not help you in progressing your position.
• Be flexible in negotiations.
• Don’t talk down to your counterpart.
• Never use the word “but”.

I have learned all of those bullet points, minus the very last one.  However, it is definitely an interested point, and one that I may take into consideration when altering my own negotiating style.  This is how Warkentien describes Harvard Law School’s justification for scrapping the word “but” from negotiations:

“When you say, ‘I hear what you’re telling me, but …’ what you’re really saying is, ‘Go to hell.’ That word — ‘but’ — comes across as if everything the other guy has just said doesn’t matter.”

As a side note, I will be speaking at Barry University School of Law exactly a week from today.  If you are in Orlando, please join the discussion next Monday at 12 p.m.  Contact Thomas M. Schoendorf for more information.

Did you know that the popular basketball commentator, Len Elmore, went to law school at Harvard, served in the Brooklyn District Attorney’s office, and was once a sports agent?  As for the tail-end of that question, Len Elmore talks about being a sports agent, why he left the business, and much more about his life and thoughts on various issues in sports, in an amazing interview with BITTER LAWYER.

I was a sports agent for five years, beginning in 1992. The company I founded, Precept Sports and Entertainment, represented seven NBA first-round picks, several high draft picks in the NFL, an MLB player and several Olympic gold-medal winners.

Why did you quit working as an agent?

I left the agent business because the environment was becoming toxic to my ethics and scruples. I was not going to jeopardize my reputation and license by even being associated with the industry, let alone attempt to remain competitive by conducting my business as many of my competitors did.

Basketball

• 5 games in 3 continents, and a total of 40 sponsors. NBA office in India opening soon [NBA Int'l Games Reach New Levels With Record Number Of Sponsors].
• Casey Jacobson with a great look into the world of AAU basketball [(Too Much?) Power to Influence].
• Trading gym bags for backpacks [N.B.A. Players Make Their Way Back to College].
• The Chinese REALLY love them some Kobe Bryant [Kobe Bryant’s jersey still top seller in China; D Wade's moves up to fifth].

Baseball

• “This is the business we chose.” [Last Week].
• Dennis Gilbert’s chances at becoming a part owner of the Rangers may be increased due to his access to liquid cash [Notes from a press conference: Wrapping up the Texas Rangers 2009 wrap-up get together].

Entertainment

• Did you know that Arn Tellem (President at WMG), has a pretty powerful wife who works at CBS? [CBS' Nancy Tellem is in talks to step down from post].

Sports Agents

• SMWW may want to do a better job on its background checks in the future [ONLY IN AMERICA: From Corrupt SEIU Boss to Sports Agent].

Football

• Adrian Peterson’s next contract is going to shatter Larry Johnson’s current deal.  Poor Pierre Thomas…for now. [Under the Cap: Top Ten Running Backs].

The agent-related article of last week that generated a lot of buzz in the sports agent community was a very long piece written by ESPN.com’s Andy Katz.  While I was not able to put aside the time to give it a thorough read until several days after it was written, I am glad that I kept that tab hanging around and finally read it.  So if you have not yet read the piece, Agents and coaches battle for prospects, go ahead and give it a try.

Adding a player as a friend on Facebook is an interesting tactic for an agent to employ.  As Cameron Schuh, the Associate Director for Public and Media Relations for the NCAA, once told me, there are no restrictions between agents and student-athletes in the NCAA rules/bylaws as far as communicating through social networking … AS LONG AS no oral and/or written agreement has been made.  Katz basically echos that statement in his piece.

Additionally, SPARTA and other laws are not particularly well-suited for online communication.  So it seems as though an agent is not violating any particular rule by communicating with a student-athlete over a site like Facebook.  And if an athlete is so bothered by agents contacting him on a social networking site, that athlete always has the option of not adding the agent as one of his contacts, or not having a profile on that site at all.

Coaches do hate it when agents have contact with their players, even if the agents are taking actions that are 100% legal.  I will not mention any names, but I have already had an experience with a college coach leaving me a 3 minute phone message, screaming expletives at me and basically telling me that he would make sure I never sign another college basketball player again in the future.  Was he out of line?  Of course.  Especially because he did not know that his player actually contacted me and asked that he be the one to break the news to his coach that he would be leaving early to play ball professionally.  It was not my fault when the player did not tell the coach until a couple of days before leaving school.

That’s why I am not surprised at all when Katz writes that Wake Forest coach Dino Gaudio said to him, “Anybody that I find who goes behind my back to get my kids, I’ll do everything in my power to see that they’re not involved in the process.”

But is it any better if an agent goes through a coach instead of going directly to the player?  Coaches might refer a particular agent to their players even if that agent is not necessarily the right fit for the particular player.  Then we have to worry about shady coach/agent relationships…is the coach getting a cut of the action?

And yes, AAU coaches have taken the spot of college coaches as the emphasis for agents in building relationships for all the reasons mentioned by Katz.  But many college coaches still have very tight relationships with various agents.

The moral of the story is that basketball is pretty dirty.  There are a lot of different actors looking to benefit from an athlete’s talent.  There is a lot of money in the game of basketball, so the fact that there is so much shadiness behind the scenes should not surprise anybody.