Hey Kobe Bryant.  Here is your official, public invitation to come ball at my local Jewish Community Center (JCC).  You know, in case you get tired of the one in Irvine, California.  I am heading to Memphis, Tennessee tonight to host the University of Memphis’ first Agent Day with Jason Belzer tomorrow.  We will also be organizing the school’s first Professional Sports Counseling Panel.  University of Memphis is a client of start-up Collegiate Sports Advisors, which I strongly suggest you pass on to your colleagues at various university athletic departments.  With so much talk about all the things that universities could be doing to better inform and protect their student-athletes, out-of-house Collegiate Sports Advisors is an excellent choice for schools to take a step in the right direction.  Okay, I’m off my soapbox.  Here are some stories I missed from the past week:

College Sports

• About that need for Professional Sports Counseling Panels.. [Time for Transformative Change in Intercollegiate Athletics].
• Class action Complaint alleges that the NCAA has engaged in a long-established pattern of negligence [College Athletes Move Concussions Into the Courtroom].

Baseball

• I provide an in-depth look into how and when MLB players compensate their representatives (unfortunately it is behind a pay wall) [Darren Heitner on MLB Player-Agent Comp].
• The new collective bargaining agreement supposedly reduces the number of rounds in the Rule 4 Draft from 50 to 40 [CBA Links: Michael Weiner, Draft].
• I have a feeling this fight is not yet over [Checking In With Albert Pujols’s Agent, Who Threatened To Sue Us Before He Knew What We Were Going To Write].

Shabbat Shalom: Friday Wrap-Up (12/2/11) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Baseball

• “I am embarrassed for the people who are behind this. I want to make sure that people hear that.” [Pujols sticking with Lozano as his agent].
• Can’t wait to see the policy governing the use of Social Media [Summary of MLBPA-MLB Labor Agreement]
• It may be difficult for teams to justify drafting two-sport stars [CBA Reactions: Marlins, Twins, Amateur Draft

Basketball

• Bartelstein says what we all know – it’s not fun to not be getting paid [NBA lockout costs Chicago agent, but he says it’s worth it
• Key question: Is the disclaimer of interest enough to end the non-statutory labor exemption and lower the antitrust shield? [NBA Lockout: The NBA’s Nuclear Winter — Where Do We Go From Here?
• Maurice Clarett’s counsel could be involved [Extended NBA lockout could lead to legal challenges of draft eligibility rule

NCAA

• It would be nice if states then decide to drop their registration systems.. [NCAA nears revamp of sports agent oversight to include runners, eyes national registration
• More pub for Arkansas [UAAA Summit reinvigorates agent oversight

Shabbat Shalom: Friday Wrap-Up (11/25/11) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Basketball

• Agents want more tools in their toolboxes [Some agents believe recent NBA deals are diminishing their power].
• Mark Bartelstein says that the owners are being greedy, not the agents [Agent fires back at Stern over 'greed' comment].
• I say the answer is no [Would decertification kill current contracts?].
• Some agents were unaware of the NBPA’s decision to disclaim interest [Agents irked as NBA players say no].
• We may be seeing lots of lawsuits [Agents may sue league on behalf of locked out rookies].
• Early concessions by the NBPA could have damaged negotiations [Agent says NBA players did what they had to]

Shabbat Shalom: Friday Wrap-Up (11/18/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

“By some combination of mendacity and greed, the agents who are looking out for themselves rather than their clients are trying to scuttle the deal.  They’re engaged in what appears to be an orchestrated Twitter campaign and a series of interviews that are designed to deny the economic realities of the proposal.” – NBA Commisioner David Stern on 11/12/2011

I must have the wrong agents listed on The Master Twitter list of sports agents/agencies, because I have missed any semblance of a “Twitter campaign” led by agents who hope to quash a potential deal to end the labor battle between the NBA and the NBPA.  In fact, most agents that I talk to are eagerly anticipating the day that a new collective bargaining agreement will be struck, albeit with terms more favorable to the agents’ client.

Are agents looking out for themselves?  You better believe it.  But they are also looking out for their clients.  While money is not the be-all and end-all for every player, many of them are genuinely interested in keeping the various exceptions to the salary cap, increasing minimum salary, etc.  Agents certainly fear an environment where there is little room for contract negotiations, because that takes away their ability to legitimize a full 4% commission on individual contracts.  However, players should also be concerned about implementing any new restrictions on negotiating their salaries.

Stern is right about one thing, though.  Decertification is a losing strategy.  But it is not a losing strategy for the players.  It is a losing strategy for the entire NBA, which includes all owners and players.  Decertification will likely end the hope of any kind of 2011-12 NBA season, force the NBA and NBPA to spend a large amount of money to their respective lawyers, and kill whatever goodwill the league earned in a fantastic 2010-11 NBA slate of games.

Basketball Agents Are Greedy Twitter Campaigners from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Yesterday, I spoke to the Union Internationale des Avocats’ (UIA – International Association of Lawyers) 55th Congress on the current issues in Sports Law, with a specific focus on what is going on in the world of athlete agent regulation and discipline.  More than 1,200 lawyers from more than 70 countries around the world have attended the entire event.  Luckily for me, the Congress was held in Miami, Florida.  However, today I am doing quite the traveling.  I am in New York for the New York Law School Sports Law Symposium, and I am flying out of New York tonight to go to Arizona, where I will be speaking at Arizona State University’s 2nd Annual Conference on Sports and Entertainment Law.  Here are some stories I’ve missed over the past week:

Basketball

• Let “the hurt” commence [Why Is NBA Labor Deal Closer? Players Get Last Check On Monday].
• Mark Bartelstein sheds some light on the fact that owners are not asking for a true 50/50 BRI split [Analysis: Sides get closer, but NBA lockout keeps rolling on].
• Amazing how the labor battle has recently focused on Billy Hunter vs. Derek Fisher [Hunter’s actions in NBA labor talks weaken union].

Shabbat Shalom: Friday Wrap-Up (11/4/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

You probably have never heard of the Student Basketball Forum, but if author/speaker/businessman Marc Isenberg and Nolan Smith of the Portland Trail Blazers (and former Duke Blue Devil) have their way, the “Forum” will gather the strength to empower the next generation of great college and pro basketball players and great leaders.  The gentlemen have made their presence known on an official Facebook page and they received some positive press a few days ago in the Wall Street Journal.

The Forum’s missions are as follows:

• Empower: We believe uninformed and misinformed athletes are easy marks for unscrupulous coaches, boosters, agents, financial advisors and even friends and family. The Forum will educate and empower players to take a more active role in shaping their future success—and give hem the educational tools necessary to do so.
• Advocate: College basketball is a great game, but it is a questionable business, especially when viewed though the athletes’ experience. College players need a group dedicated to their interests.  Think about it: Every other group within the NCAA’s hierarchy has an group that represents college presidents, athletic directors and coaches. It’s 2011: College basketball players deserve an organization that unapologetically serves them.
• Mentor: Too many professional athletes end up experiencing problems— financial, physical and mental. This is a reversible trend—at least for those who are willing to put in the time necessary to learn how the business of sports works. In order to help basketball players succeed, The Forum will build a trusted mentorship network to help the next generation of players succeed.

A Student Basketball Forum To Empower And Mentor Athletes from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Basketball

• Wasserman Media Group is part of the mix [Pistons' Brandon Knight wants to be healthy role model].
• I just like the fact that Glass is quoted saying, “”And as my ex-wives learned, I don’t go to court unless I know I’m going to win.” [Long-time agent Keith Glass urges NBA owners & players not to forget the fans].
• Does Stern treat the comment that he is “the master of spinning a story” as a compliment? [Top NBA agent Bartelstein blasts Stern for handling of lockout].
• Mark Bartelstein is really making the rounds [A Lot of Talk, but Few Stars Have Left the Country to Play].

Shabbat Shalom: Friday Wrap-Up (10/14/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Baseball

• But the MLB seems to be doing a better job catching it as of late [Fraud still rampant among Dominican baseball prospects].

Shabbat Shalom: Friday Wrap-Up (10/7/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

I am on my way up to Gainesville, Florida to return to my alma mater (undergrad and law school) and watch the Gators take on the Alabama Crimson Tide.  I can’t wait to see a lot of friends and watch some good football under the lights at Ben Hill Griffin Stadium (8 p.m. kickoff).  I will return on Sunday and then it’s off to the new office on Monday.  The new law firm is called Wolfe Law Miami.  It will be myself and Richard Wolfe, a very experienced entertainment law attorney.  Our office space is in Brickell (right next to downtown Miami, Florida) in the penthouse of a beautiful building.  Here are some stories I missed over the past week:

Basketball

• David Falk: “I would bet a lot of money that if we miss one or two games, we’re going to miss the whole season.” [Sports agent Falk says entire NBA season is in jeopardy]
• The ultra-punitive measures alternative [NBA owners budge on hard cap demand].
• Tyreke Evans is being counseled by Arn Tellem and “Team Tyreke” [Don’t Curb Your Enthusiasm].

Shabbat Shalom: Friday Wrap-Up (9/30/11) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

NBA owners and the National Basketball Players Association (NBPA) are certainly not sitting idle.  However, I still do not feel a strong sense of urgency from either side of the bargaining table.  That could soon change, as many prominent basketball agents are making it known that they wish to decertify the NBPA.

Arn Tellem (Wasserman Media Group), Bill Duffy (BDA Sports), Mark Bartlestein (Priority Sports), Dan Fegan (Lagardère Unlimited) and Jeff Schwartz (Excel Sports) have collectively had their names printed by many media outlets over the past week.  These gentlemen have decided that they are in favor of decertification of the players’ union, which would allow their clients to file antitrust lawsuits against the NBA.  As long as the NBPA exists as a certified union of NBA players, the players forfeit their right to sue for any antitrust claims.

Journalists have been quick to point out that the five aforementioned agents collectively represent roughly thirty percent of the active players who comprise the NBPA, which happens to be the percentage of players needed to sign a petition in favor of decertification prior to all players in the union voting on the matter.  Thereafter, a simple majority would effectively decertify the NBPA.

This discussion reminds me of an article written by NBA.com columnist David Aldridge on July 4, 2011, where he said,

Players are much more unified this time around than in ’99, in no small part because [Billy] Hunter has neutered the influence of powerful player agents like Arn Tellem, Mark Bartlestein and Bill Duffy, with an executive committee comprised mainly of middle-class players like Roger Mason, Jr. and Keyon Dooling.)

I wrote a reply, respectfully disagreeing with Aldridge’s assessment.

It is naive to think that the “middle-class players” will control negotiations on the players end, especially when a big problem with the current system is the large dollars that mid-level players are receiving.  The heavy hitting agents will be involved, whether or not they represent any players on the Executive Committee.

At this point in time, it seems as though the major agents are actively involved and will not be ceding control any time soon.  Whether this is a good thing for the NBA, in general, remains to be seen.

Agents In Control Of Collective Bargaining Negotiations For NBA Players from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules