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Players Add Plaintiffs, Amend Their Minnesota Complaint v. NBA

Darren Heitner — Wed, 23 Nov 2011 14:00:02 +0000

Last week, Caron Butler, Ben Gordon, Anthony Tolliver, and Derrick Williams filed a Class Action Complaint against the NBA and its member teams in the U.S. District Court for the District of Minnesota. At roughly the same time, another class of NBA players filed a similar lawsuit in the Northern District of California. The California lawsuit has since been dismissed without prejudice, and the Complaint filed in Minnesota has been amended to include the Plaintiffs from the California suit.

The following list displays the current class of Plaintiffs in the Minnesota lawsuit along with their respective agents.

Carmelo Anthony – Leon Rose (CAA)
Chauncey Billups – Andy Miller (ASM Sports)
Caron Butler - Raymond Brothers
Baron Davis – Bill Duffy (BDA Sports)
Kevin Durant – Aaron Goodwin (Goodwin Sports Management)
Ben Gordon - Raymond Brothers
Kawhi Leonard – Brian Elfus (Impact Sports Management)
Steve Nash – Bill Duffy (BDA Sports)
Leon Powe – Aaron Goodwin (Goodwin Sports Management)
Anthony Randolph - Bill Duffy (BDA Sports)
Rajon Rondo - Bill Duffy (BDA Sports)
Sebastian Telfair - Andy Miller (ASM Sports)
Anthony Tolliver - Larry Fox
Derrick Williams - Rob Pelinka (Landmark Sports Agency)

With the addition of the new Plaintiffs, there no longer appears to be a claim that all Plaintiffs are somehow tied to the state of Minnesota (other than the fact that they all travel to Minnesota in away games against the Timberwolves). My friend Marc Edelman, who I consider to be one of the leading experts on Antitrust in Sport, believes that the NBA players smartly dismissed their California Complaint in favor of joining up with the class in Minnesota. He feels that it will be easier for the class to argue market power in the Minnesota jurisdiction as opposed to the Northern District of California jurisdiction, where precedent may have worked against the players’ arguments.

NBA players will now put up a fight, in unison, in the same court that NFL players were heard within the past year. The Honorable Patrick J. Schlitz is the judge that has been randomly selected to hear the NBA case. As Michael McCann has pointed out, Judge Schlitz was a lawyer in the case concerning the Timberwolves’ attempt at relocating to New Orleans and has represented the NFL in several cases.

NBA Amended Complaint in Minnesota

Players Add Plaintiffs, Amend Their Minnesota Complaint v. NBA from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Shabbat Shalom: Friday Wrap-Up (9/23/2011)

Darren Heitner — Fri, 23 Sep 2011 14:35:36 +0000

The sports symposiums are starting to sprout up across the country, and I am beginning to formalize my plans regarding which schools I will be attending this Fall. If you happen to be somewhat near one of the upcoming panels/symposiums, do your best to make it, as they are extremely informative and happen to be great networking events. I can’t wait to make my return to Gainesville next weekend to see the Florida Gators take on the Alabama Crimson Tide. We are almost one-fourth through the semester at Indiana University, and the Sport Agency Management class that I am teaching is going great. More news on my change of legal work to come next week. Here are some stories I missed over the past week.

Sports Agents

Bill Duffy of BDA Sports will be honored [BESLA Announces 2011 Conference Theme: "INCEPTION: Mastering Entertainment and Sports Paradigms in a Digital Universe"].

Social Media

Now you know why JR is tweeting with the #YearoftheFan hashtag [How Sports Agent JR Rickert is making this the Year of the Fan].

Skateboarding

“Skateboarding is really insular. They don’t like their own, much less outsiders coming in.” [AN INTERVIEW WITH CIRCE WALLACE, AGENT]

Basketball

Arn Tellem visited Lithuania and provided labor updates to his client [European title in hand, Marc Gasol ready to return to Memphis].
Prominent agent: “The union hasn’t been listening to its players.” [Battle lines drawn for NBA, players, agents].
Falk isn’t part of the group of agents who want the NBPA to decertify [David Falk implies there'll be a full season or no season at all].

College Sports

All nice thoughts, but will not be happening as long as they are considered “student-athletes” [Student-athletes need an agent].

Baseball

It doesn’t sound like Pujols is leaving Lozano any time soon [Albert Pujols, agent wary of rivals aiming to land star].

Shabbat Shalom: Friday Wrap-Up (9/23/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Agents In Control Of Collective Bargaining Negotiations For NBA Players

Darren Heitner — Mon, 19 Sep 2011 13:00:42 +0000

With a full slate of NFL and NCAA football, it is easy to forget that any other sports exist. However, the NBA is coming off of a fantastic season with its highest NBA Finals television ratings since 2004 (and I contend that there were much less competing TV options six years prior). Yet, as each day passes, the NBA inches closer and closer to forfeiting 2011/12 regular season games.

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

2011 NBA Draft Listing Of Players Selected And Their Agents

Darren Heitner — Fri, 24 Jun 2011 14:00:43 +0000

Other than a couple kids from Kentucky (Josh Harrellson and DeAndre Liggins), the following is a comprehensive list of players selected along with their agents of record. Do not pay too much attention to the teams listed, as a lot will change based on trades. Based on the information that is listed below, BDA Sports, Octagon, and Creative Artists Agency each had 5 clients selected. Priority Sports and ASM Sports each had 4 clients selected. The real winner was Wasserman Media Group, with involvement in the representation of 7 player selected. 30 players were selected from the 6 agencies listed above, accounting for exactly half of the entire draft.

First Round

Kyrie Irving (Cleveland Cavaliers) – Jeff Wechsler (24-7 Sports Management) – This is the first client of Wechsler’s to be drafted #1 overall. However, Wechsler is no stranger to having 1st round clients. He represents Larry Hughes, D.J. White, Quentin Richardson, Mike Sweetney, and used to represent Penny Hardaway – all of whom were selected in the 1st round.
Derrick Williams (Minnesota Timberwolves) – Rob Pelinka (Landmark Sports Agency) – Pelinka has a lot of talented clients, none larger than Kobe Bryant. However, he also represents names like Carlos Boozer, Wesley Johnson, James Harden, Derek Fisher, and Andre Iguodala.
Enes Kanter (Utah Jazz) – Max Ergul – Not much info on Max Ergul; however, he does represent former Milwaukee Bucks forward Ersan Ilyasova.
Tristan Thompson (Cleveland Cavaliers) – Leon Rose (Creative Artist Agency) – Leon Rose and CAA happen to represent another former #4 overall pick named Chris Paul. The agency also represents LeBron James, Carmelo Anthony, and Dwyane Wade.
Jonas Valanciunas (Toronto Raptors) – Sarunas Broga (East Players) w/CAA – All of Broga’s clients listed on his FIBA page were born in Lithuania.
Jan Veseley (Washington Wizards) - Aleksandar Raskovic w/Arn Tellem – Raskovic is said to be working with Wasserman Media Group to represent Veseley in negotiations.
Bismack Biyombo (Charlotte Bobcats via trade) – Igor Crespo (Xpheres Basketball Management) – 6th international player taken in the 1st 7 picks of the draft.
Brandon Knight (Detroit Pistons) – Arn Tellem (Wasserman Media Group) – I wonder if Knight will get along with Tracy McGrady, who is also a Tellem client.
Kemba Walker (Charlotte Bobcats) – Jeff Schwartz (Excel Sports Management) – This is the same company that recently hired Casey Close and is quickly developing a very powerful baseball division.
Jimmer Fredette (Sacramento Kings via trade) - Jeff Austin (Octagon) – The crew at Octagon did a tremendous job boosting the marketability of an already marketable Fredette. Let’s see what they can do with him once he is in the NBA.
Klay Thompson (Golden State Warriors) – Bill Duffy (BDA Sports) – I had heard back in march that Thompson was a priority for BDA Sports.
Alec Burks (Utah Jazz) – Andy Miller (ASM Sports) – Along with Andy Miller, Justin Zanik and Andrew Vye represent players at ASM Sports.
Markieff Morris (Phoenix Suns) – Tony Dutt (Rival Sports Group LLC) – I covered the interesting story about Markieff and his brother signing with Dutt and how a man named Jason Martin may have played a big role.
Marcus Morris (Houston Rockets) - Tony Dutt (Rival Sports Group LLC) – Just read the linked story above.
Kawhi Leonard (San Antonio Spurs via trade) – Brian Elfus (Impact Sports Management) - Late 2010, Elfus became a part of Impact Sports Management, which has a history of representing a multitude of football players.
Nikola Vucevic (Philadelphia 76ers) - Rade Filipovich (BDA Sports)
Iman Shumpert (New York Knicks) – Happy Walters (Rogue Sports) – Shumpert joins another Happy Walters client in New York - Amar’e Stoudemire.
Chris Singleton (Washington Wizards) – Bill Duffy (BDA Sports) – 3 BDA Sports clients taken in the top 18 picks of the draft.
Tobias Harris (Milwaukee Bucks via trade) – Henry Thomas (Creative Artists Agency)
Donatas Motiejunas (Houston Rockets via trade) – Herb Rudoy (Interperformances) – The agency also represents Manu Ginobili and other foreign born players in the NBA.
Nolan Smith (Portland Trailblazers) – Joel Bell (Bell Management International)
Kenneth Faried (Denver Nuggets) - Thad Foucher (Wasserman Media Group)
Nikola Mirotic (Chicago Bulls via trade) – Igor Crespo (Xpheres Basketball Management)
Reggie Jackson (Oklahoma City Thunder) - Aaron Mintz (Priority Sports)
MarShon Brooks (New Jersey Nets via trade) – Seth Cohen (Original Creative Representation)
Jordan Hamilton (Portland Trailblazers via trade) - Lee Melchionni (Wasserman Media Group)
JaJuan Johnson (Boston Celtics via trade) - Kevin Bradbury (BDA Sports)
Norris Cole (Miami Heat via trade) – Joel Bell (Bell Management International)
Cory Joseph (San Antonio Spurs) – Leon Rose (Creative Artists Agency)
Jimmy Butler (Chicago Bulls) - Happy Walters (Rogue Sports)

Second Round

Bojan Bogdanovic (Minnesota Timberwolves via trade) – Marc Cornstein (Pinnacle Management)
Justin Harper (Orlando Magic via trade) – Lance Young (Octagon)
Kyle Singler (Detroit Pistons) - Greg Lawrence (Wasserman Media Group)
Shelvin Mack (Washington Wizards) - Doug Neustadt (The Neustadt Group)
Tyler Honeycutt (Sacramento Kings) - Tony Dutt (Rival Sports Group LLC)
Jordan Williams (New Jersey Nets) - Andy Miller (ASM Sports)
Trey Thompkins (Los Angeles Clippers) - Arn Tellem (Wasserman Media Group)
Chandler Parsons (Houston Rockets) – Mark Bartelstein (Priority Sports) – Go Gators!
Jeremy Tyler (Charlotte Bobcats) - Makhtar Ndiaye (Wasserman Media Group)
Jon Leuer (Milwaukee Bucks) – Mark Bartelstein (Priority Sports)
Darius Morris (Los Angeles Lakers) – Brian Dyke (Shibumi Sports)
Davis Bertans (San Antonio Spurs via trade) - Marc Fleisher (Entersport)
Malcolm Lee (Chicago Bulls) - Brian Elfus (Impact Sports Management)
Charles Jenkins (Golden State Warriors) – Michael Lindeman (Excel Sports Management)
Josh Harrellson (New York Knicks via trade) – Unknown
Andrew Goudelock (Los Angeles Lakers) – Austin Walton (Walton Sports Management Group)
Travis Leslie (Los Angeles Clippers) - Andrew Vye (ASM Sports)
Keith Benson (Atlanta Hawks) – Leon Rose (Creative Artists Agency)
Josh Selby (Memphis Grizzlies) – Andy Miller (ASM Sports)
Lavoy Allen (Philadelphia 76ers) – Happy Walters (Rogue Sports)
Jon Diebler (Portland Trailblazers) – Lance Young (Octagon)
Vernon Macklin (Detroit Piston) – Lance Young (Octagon)
DeAndre Liggins (Orlando Magic) - Unknown
Milan Macvan (Cleveland Cavaliers) - David Bauman (DB Hoops)
E’Twaun Moore (Boston Celtics) – Mark Bartelstein (Priority Sports)
Chukwudiebere Maduabum (Los Angeles Lakers) - Ugo Udezue (BDA Sports)
Tanguy Ngombo (Dallas Mavericks) - Bill McCandless (Court Side)
Ater Majok (Los Angeles Lakers) - Michael Lelchitski (SIG Sports)
Adam Hanga (San Antonio Spurs) - Alex Saratsis (Octagon)
Isaiah Thomas (Sacramento Kings) – Byron Irvin/Dan Fegan (Lagardere Unlimited)

2011 NBA Draft Listing Of Players Selected And Their Agents from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Jimmer Fredette Is An Octagon Client

Darren Heitner — Wed, 04 May 2011 13:00:14 +0000

The battle for the right to represent Jimmer Fredette has come to an abrupt end. Adrian Wojnarowski of Yahoo! Sports broke the news yesterday when he reported that Fredette has signed with Jeff Austin and Chris Emens of Octagon. The men at Octagon will aim to continue Jimmer fever that has swept across the country in the past year.

I know that BDA Sports pushed hard to recruit Fredette and heard Bob Myers, formerly of Wasserman Media Group and currently the Assistant General Manager of the Golden State Warriors, talk about how difficult the recruitment of Fredette had become. In the end, Octagon prevailed. It will be interesting to see whether Fredette also allows Octagon to handle his marketing endeavors or if he separately hires a company for all off-court matters.

Jimmer Fredette Is An Octagon Client from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Derrick Williams Picks Rob Pelinka Of Landmark Sports Agency

Darren Heitner — Tue, 26 Apr 2011 12:32:12 +0000

Derrick Williams just finished his Sophomore season at the University of Arizona. During the NCAA Tournament, quite a few people said that Williams was one of, if not the, best college players in America.

On March 24, 2011, I looked at which agents and agencies have signed talented Arizona basketball players over the past few years. I noted that BDA Sports and Landmark Sports Agency both seem to be in the lead with two players each, but that it seemed as though anybody had a shot at Derrick Williams. At the time, I knew that BDA Sports, Landmark Sports Agency, and Wasserman Media Group were in the running, and time has told who the victor will be.

According to HoopsHype, Rob Pelinka of Landmark Sports Agency has recently signed Williams.

Derrick Williams, a potential No. 1 pick in the draft, has signed with agent Rob Pelinka, sources told HoopsHype. http://bit.ly/hAAEtT

April 25, 2011 3:33 pm via FaWave ReplyRetweetFavorite

@hoopshype

HoopsHype.com

Other players currently represented by Pelinka at Landmark Sports Agency include Kobe Bryant, Derek Fisher, Andre Iguodala, and Carlos Boozer.

Derrick Williams Picks Rob Pelinka Of Landmark Sports Agency from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Mark Payne Hires BDA Sports For Representation

Darren Heitner — Mon, 04 Apr 2011 13:00:54 +0000

Mark Payne played his college basketball for UC Davis in the Big West Conference. The 6’7 195lbs hybrid guard/forward has nice size at the 1 or 2 position, shoots the ball well, but is not great at creating his own shots. He seems to be able to manage the game well at the point, but his height may prevent him from spending too much time at that position at the next level. He seems like a Chandler Parsons type of player, without a true position, but just not as good of a basketball player as Parsons. Thus, Payne may be headed for a start overseas or in the D-League. He will be using the services of BDA Sports to help him make it professionally.

Been a great two weeks, finished college thursday and signed with @BDA_Sports this week...looking forward to what the next chapter holds!

March 20, 2011 10:08 pm via webReply RetweetFavorite

@Mpayne11

Mark Payne

It truly is unclear what the future holds. He will probably become more of a shooting guard than a point guard, looking to take shots instead of create opportunities for his teammates. I am sure that a lot of scouts will be looking at what he does at the Portsmouth Invitational Tournament, which kicks off play this Wednesday.

Mark Payne Hires BDA Sports For Representation from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

BDA Sports Is Off To A Strong Start With Its 2011 NBA Draft Class

Darren Heitner — Tue, 29 Mar 2011 14:30:08 +0000

A little over a week ago, I noted that recruiting for the 2011 NBA Draft is heating up. As teams have been getting knocked out of the post-season tournaments, the players who perform for those teams have either declared their intention to enter the NBA Draft or commit to staying at least one more year at their respective institutions. In the post linked above, I suggested that BDA Sports has been putting great emphasis on recruiting Nikola Vucevic of Southern California and JaJuan Johnson of Purdue. Both teams are out of the NCAA Tournament, thus each player has the right to select an agent.

The LA Times has reported that Nikola Vucevic is leaving USC early and has already signed with BDA Sports “to show he was making a firm commitment to the draft rather than just ‘testing the waters.’” And while no large publication has announced it yet, I have heard from a credible source that JaJuan Johnson has also selected BDA Sports as his representatives for the NBA Draft. Whereas Vucevic is leaving USC early, Johnson just finished his senior year at Purdue. Thus, the decision to sign with an agent at this point in time is not as bold of a move.

Neither player is guaranteed to be a first round selection in the 2011 NBA Draft, but if more top prospects follow the lead of Jared Sullinger, who recently announced that he will be returning to Ohio State, and commit to staying at least one more year with their college basketball teams, guys like JaJuan Johnson and Nikola Vucevic can easily jump into the first round, giving BDA Sports a draft class reminiscent of 2009, when the company represented 6 first rounders.

BDA Sports Is Off To A Strong Start With Its 2011 NBA Draft Class from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Agent Selection Scenarios: Arizona Basketball

Darren Heitner — Thu, 24 Mar 2011 15:00:35 +0000

At 9:45 p.m. EST, the Arizona Wildcats will take one the #1 seeded Duke Blue Devils (who I happen to have winning the entire NCAA Tournament). The Wildcats are no push over, though. In fact, the team has one of the best players in the nation with Sophomore Derrick Williams. The kid can flat out play. Here are some other former Wildcats who got work done on the court at Arizona and later on as professionals.

Hassan Adams – David Lee (David Lee Services). Currently playing for Rain or Shine Elasto Painters of the Philippine Basketball Association.
Gilbert Arenas – No agent
Jerryd Bayless – Jeff Schwartz (Excel Sports Management)
Mike Bibby – David Falk (FAME)
Chase Budinger – Kevin Bradbury (BDA Sports)
Channing Frye – Rob Pelinka (Landmark Sports Agency)
Jordan Hill - Kevin Bradbury (BDA Sports)
Andre Iguodala - Rob Pelinka (Landmark Sports Agency)
Richard Jefferson – Todd Eley (Stratosphere Sports)
Jason Terry – Dan Fegan (Lagardere Unlimited)
Luke Walton – James Tanner (Williams & Connolly)
Marcus Williams – Aaron Goodwin (Goodwin Sports Management). Not quite sure what happened to him.

BDA Sports and Landmark Sports Agency both seem to be in the lead with two players each, but no one firm has dominated Arizona basketball over the years. Other big names seen at many other schools include Williams & Connolly, Lagardere Unlimited, and Excel Sports Management. Thus, it seems like anybody has a shot at Derrick Williams, who has to be leaving after this year. As stated last week, BDA Sports, Landmark Sports Agency, and Wasserman Media Group (which is not listed above) are all pushing for the right to rep Williams. Time will tell who the victor will be.

Agent Selection Scenarios: Arizona Basketball from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Agent Selection Scenarios: Kentucky Basketball

Darren Heitner — Wed, 23 Mar 2011 14:00:40 +0000

This Friday will make or break my bracket. Going into the NCAA Tournament, I knew I would have to make a bold move in order to have a chance at winning, but I wanted to pick a team I thought legitimately had a chance of making it to the Final Four. That team is the University of Kentucky, which I believe has the talent to make it to Houston, but has to beat a very powerful Ohio State basketball team. Kentucky beat my Florida Gators in the SEC Championship game and may just have what it takes to knock off the Buckeyes. Here are some fairly recent UK alumni who have made it at the professional level.

Kelenna Azubuike – Mike Higgins (The Higgins Group)
Eric Bledsoe – Leon Rose (Creative Artists Agency)
Keith Bogans – Michael Harrison
DeMarcus Cousins – John Greig (SportsTalent)
Chuck Hayes – Calvin Andrews (BDA Sports)
Jamaal Magloire – Arn Tellem (Wasserman Media Group)
Nazr Mohammed - Mike Higgins (The Higgins Group)
Jodie Meeks – Unrepresented
Daniel Orton – Ara Vartanian (Vartanian/Simmons Sports Management)
Patrick Patterson – Odell McCants (Capitol Sports Management)
Tayshaun Prince – Bill Duffy (BDA Sports)
Rajon Rondo - Bill Duffy (BDA Sports)
John Wall – Dan Fegan (Lagardere Unlimited)

Many people expected John Wall to sign with Leon Rose of CAA last year based on Coach Calipari’s supposed cozy relationship with Rose and his buddy William Wesley (who now has an official position as a Coach Agent with CAA). However, as noted above, Wall signed with Dan Fegan. Does that give agents outside of CAA hope to recruit effectively at a school with Coach Cal at the helm? BDA Sports has a few UK graduates, as does Mike Higgins. Odell McCants jumped on the scene last year with Patrick Patterson. Will he be able to leverage that relationship to get more UK blue blood? Enes Kanter was supposed to play at Kentucky this year, but had to sit out due to an NCAA ruling. Expect him to be a lottery pick. Terrence Jones and Brandon Knight may also be lottery picks if either or both decide to leave early. They are both very talented Freshman that can certainly improve their Draft stocks if they stick around at UK; however, based on their potential, they both will be sure first rounders if they leave early. My hunch is that at least Knight sticks around at least one more year.

Agent Selection Scenarios: Kentucky Basketball from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules