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

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].

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

It has been a very eventful past couple of weeks for me.  Quite a bit of stuff is still pending; some I wish to keep confidential and other information I feel free to share.  I have accepted a new legal job, which will start in about a week and a half.  I have had an amazing year working at Koch Parafinczuk & Wolf, PA (KPW) in Fort Lauderdale, Florida, where I have grown tremendously as a litigator.  I am forever thankful for the opportunity that they gave me.  However, I have been offered a position to work directly with a prominent Entertainment/Intellectual Property attorney who has left his firm to start up a new venture from scratch.  It will be the two of us plus a couple of secretaries, and we will be largely focusing on Entertainment/Sports/Intellectual Property matters.  I will certainly provide more information over the next couple of weeks.  In the meantime, I am wrapping up some work at KPW and handling a lot of other matters that need to be taken care of.  Everyone is talking about this article that was written in The Atlantic this week.  I hope to get a chance to finally read it this weekend.  Here are some stories I missed over the past week:

Basketball

• Thoughts on Adam Silver attending the U.S. open with Casey Wasserman? [NBA players storm Vegas for all-pro 'lockout league,' union meeting].
• Arn Tellem, Bill Duffy, Mark Bartelstein, Jeff Schwartz, and Dan Fegan want the NBPA to decertify [Sources: Agents want union to decertify].
• How the NBA’s lawsuit may preclude decertification of the NBPA [GameTime: Labor Roundtable].

Shabbat Shalom: Friday Wrap-Up (9/16/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Basketball

• Michael Lee speaks to Bill Duffy and Mark Bartelstein [Agents provide insight into NBA labor dispute].
• Only 2 teams have fully paid all their players [Best and worst paying Greek clubs].
• Trying to grow its .19% share of the total basketball shoe market [Under Armour Signs Kemba Walker].
• In addition to Rob Pelinka of Landmark Sports Agency [NBA Superagent Arn Tellem Also Plotting China Exhibition Tour During Lockout].
• It gives some guys an opportunity to go back to school [NBA lockout leaves draft picks with plenty of time to fill, minus a paycheck].

Football

• Signature products to come in 2012 [Clinch Gear Signs Linebacker A.J. Hawk to Exclusive Endorsement Agreement].
• Concerns about right-of-first-refusal tags [Potential NFL free agents wait to learn how free they will be].
• A fun read…unless you went to law school and happen to be looking for a job [How Is Law School Like the NFL Draft?].

Shabbat Shalom: Friday Wrap-Up (7/8/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

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

1. 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.
2. 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.
3. Enes Kanter (Utah Jazz) – Max Ergul – Not much info on Max Ergul; however, he does represent former Milwaukee Bucks forward Ersan Ilyasova.
4. 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.
5. Jonas Valanciunas (Toronto Raptors) – Sarunas Broga (East Players) w/CAA – All of Broga’s clients listed on his FIBA page were born in Lithuania.
6. Jan Veseley (Washington Wizards) - Aleksandar Raskovic w/Arn Tellem – Raskovic is said to be working with Wasserman Media Group to represent Veseley in negotiations.
7. Bismack Biyombo (Charlotte Bobcats via trade) – Igor Crespo (Xpheres Basketball Management) – 6th international player taken in the 1st 7 picks of the draft.
8. 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.
9. 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.
10. 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.
11. Klay Thompson (Golden State Warriors) – Bill Duffy (BDA Sports) – I had heard back in march that Thompson was a priority for BDA Sports.
12. Alec Burks (Utah Jazz) – Andy Miller (ASM Sports) – Along with Andy Miller, Justin Zanik and Andrew Vye represent players at ASM Sports.
13. 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.
14. Marcus Morris (Houston Rockets) - Tony Dutt (Rival Sports Group LLC) – Just read the linked story above.
15. 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.
16. Nikola Vucevic (Philadelphia 76ers) - Rade Filipovich (BDA Sports)
17. Iman Shumpert (New York Knicks) – Happy Walters (Rogue Sports) – Shumpert joins another Happy Walters client in New York - Amar’e Stoudemire.
    
18. Chris Singleton (Washington Wizards) – Bill Duffy (BDA Sports) – 3 BDA Sports clients taken in the top 18 picks of the draft.
19. Tobias Harris (Milwaukee Bucks via trade) – Henry Thomas (Creative Artists Agency)
20. Donatas Motiejunas (Houston Rockets via trade) – Herb Rudoy (Interperformances) – The agency also represents Manu Ginobili and other foreign born players in the NBA.
21. Nolan Smith (Portland Trailblazers) – Joel Bell (Bell Management International)
22. Kenneth Faried (Denver Nuggets) - Thad Foucher (Wasserman Media Group)
23. Nikola Mirotic (Chicago Bulls via trade) – Igor Crespo (Xpheres Basketball Management)
24. Reggie Jackson (Oklahoma City Thunder) - Aaron Mintz (Priority Sports)
25. MarShon Brooks (New Jersey Nets via trade) – Seth Cohen (Original Creative Representation)
26. Jordan Hamilton (Portland Trailblazers via trade) - Lee Melchionni (Wasserman Media Group)
27. JaJuan Johnson (Boston Celtics via trade) - Kevin Bradbury (BDA Sports)
28. Norris Cole (Miami Heat via trade) – Joel Bell (Bell Management International)
29. Cory Joseph (San Antonio Spurs) – Leon Rose (Creative Artists Agency)
30. Jimmy Butler (Chicago Bulls) - Happy Walters (Rogue Sports)

Second Round

1. Bojan Bogdanovic (Minnesota Timberwolves via trade) – Marc Cornstein (Pinnacle Management)
2. Justin Harper (Orlando Magic via trade) – Lance Young (Octagon)
3. Kyle Singler (Detroit Pistons) - Greg Lawrence (Wasserman Media Group)
4. Shelvin Mack (Washington Wizards) - Doug Neustadt (The Neustadt Group)
5. Tyler Honeycutt (Sacramento Kings) - Tony Dutt (Rival Sports Group LLC)
6. Jordan Williams (New Jersey Nets) - Andy Miller (ASM Sports)
7. Trey Thompkins (Los Angeles Clippers) - Arn Tellem (Wasserman Media Group)
8. Chandler Parsons (Houston Rockets) – Mark Bartelstein (Priority Sports) – Go Gators!
9. Jeremy Tyler (Charlotte Bobcats) - Makhtar Ndiaye (Wasserman Media Group)
10. Jon Leuer (Milwaukee Bucks) – Mark Bartelstein (Priority Sports)
11. Darius Morris (Los Angeles Lakers) – Brian Dyke (Shibumi Sports)
12. Davis Bertans (San Antonio Spurs via trade) - Marc Fleisher (Entersport)
    
13. Malcolm Lee (Chicago Bulls) - Brian Elfus (Impact Sports Management)
14. Charles Jenkins (Golden State Warriors) – Michael Lindeman (Excel Sports Management)
15. Josh Harrellson (New York Knicks via trade) – Unknown
16. Andrew Goudelock (Los Angeles Lakers) – Austin Walton (Walton Sports Management Group)
17. Travis Leslie (Los Angeles Clippers) - Andrew Vye (ASM Sports)
18. Keith Benson (Atlanta Hawks) – Leon Rose (Creative Artists Agency)
19. Josh Selby (Memphis Grizzlies) – Andy Miller (ASM Sports)
20. Lavoy Allen (Philadelphia 76ers) – Happy Walters (Rogue Sports)
21. Jon Diebler (Portland Trailblazers) –  Lance Young (Octagon)
22. Vernon Macklin (Detroit Piston) – Lance Young (Octagon)
23. DeAndre Liggins (Orlando Magic) - Unknown
24. Milan Macvan (Cleveland Cavaliers) - David Bauman (DB Hoops)
25. E’Twaun Moore (Boston Celtics) – Mark Bartelstein (Priority Sports)
26. Chukwudiebere Maduabum (Los Angeles Lakers) - Ugo Udezue (BDA Sports)
27. Tanguy Ngombo (Dallas Mavericks) - Bill McCandless (Court Side)
28. Ater Majok (Los Angeles Lakers) - Michael Lelchitski (SIG Sports)
29. Adam Hanga (San Antonio Spurs) - Alex Saratsis (Octagon)
30. 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

When: September 8, 2011 (9 a.m. – 5 p.m.)

Where: Locatelli Center, Santa Clara University (map)

Topics: Concussions (Keynote: DeMaurice Smith, Executive Director, NFLPA), Steroids (Keynote: Mark Fainaru-Wada, ESPN Investigative Reporter), Labor Strife (Keynote: William B. Gould, IV, former Chairman of the National Labor Relations Board), and the Use of Player Images (Keynote: Sonny Vaccaro, Former Director of Basketball Programs at Nike, Adidas and Reebok).

The Reception speaker will be William Neukom, Managing Partner, San Francisco Giants, and Jim Brown will be an honored special guest at the event.

Other speakers include:

• Dan Coonan, Santa Clara University Athletic Director
• Bill Duffy, CEO of BDA Sports Management
• Dan Rascher, University of San Francisco Sports Management Professor
• Retired NFL players Ben Lynch and Shawn Stuckey
• Mike Gilleran, Former WCC Commissioner
• Don Gralnek, General Counsel of San Jose Sharks
• Paul Haagen, Co-Director of the Duke Law School Center for Sports Law and Policy
• Andy Schwarz, Sports Economist
• Professors Kevin Greene, Lateef Mtima and Tyler Ochoa

Cost: Early registration (before July 1, 2011) = $125.  Regular registration = $175.  Deadline to register = August 25, 2011.  Free entry for all college students.  Register here.

2011 Santa Clara Sports Law Symposium from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

• 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

Basketball agents have been on the grounds of several universities for quite some time, and may have even been recruiting certain players well before they entered their current institutions of higher education.  Lately, we have been running a feature titled, Agent Selection Scenarios, where we look at schools who have made it to the NCAA Tournament, their former players who have professional experience, the agents they chose to represent them in contractual relations, and current players at the school who may be drafted in 2011.  Sometimes we make a prediction as to the agents that the players might be considering.

One agent who has success year after year is Bill Duffy of BDA Sports.  I have heard of a few players that BDA Sports has been focusing on in the 2011 Draft, putting great emphasis on recruiting these gentlemen.  Names like Klay Thompson of Washington State, Nikola Vucevic of Southern California, and JaJuan Johnson of Purdue are prospects that I hear are at the top of the radar.  But I am also hearing that BDA Sports is in the mix for BYU standout Jimmer Fredette, Georgia’s Trey Thompkins, and is also in the races to represent Marcus Morris and Markieff Morris from Kansas.  Rumors have also surfaced that BDA Sports is seeking (and may be in the lead) to represent future lottery pick, Derrick Williams of Arizona, but that Rob Pelinka of Landmark Sports Agency and Bob Myers of Wasserman Media Group are competitors.

Bill Duffy has proven his capacity to be an excellent negotiator for his clients over the years.  However, last year Duffy only represented one player who was picked in the first round of the Draft.  That would be a major win for most agents, but certainly was not the norm for Duffy, who represented 6 first rounders in 2009, including the #2 overall pick, Hasheem Thabeet.  Did the OJ Mayo scandal have anything to do with that?  Will his 2011 Draft class look more like his 2010 class or his killer 2009 class?

Looking at the partial list above, Duffy casts his recruiting net far and wide.  The only concern is that it gets difficult when one has to manage so many talented players at the same time.  I suppose it is a good problem to have, but if Duffy already has Klay Thompson, Nikola Vucevic, and JaJuan Johnson “locked up”, will his company also have the time to represent all of the other talented players listed above?

Recruiting For the 2011 NBA Draft Is Heating Up from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

• Carmelo Anthony – Leon Rose (Creative Artists Agency)
• Donte Greene – Bill Strickland (Lagardere Unlimited)
• Etan Thomas – Arn Tellem (Wasserman Media Group)
• Hakim Warrick – Bill Duffy (BDA Sports)
• Jonny Flynn – Leon Rose (Creative Artists Agency)
• Andy Rautins – Bill Duffy (BDA Sports)
• Wesley Johnson – Rob Pelinka (Landmark Sports Agency)
• Jason Hart – Bill Neff (Saga Sports)

If you want to go real old school, we can talk about two of my favorite Syracuse Orangemen (that’s what they were called before it became politically incorrect), Rony Seikaly and Danny Schayes (I will also throw current FIU basketball broadcaster Jared Schwartz in the fold).  But let’s stick to the game plan and focus on this year’s Syracuse players who may have a shot at the NBA in 2011.

I was very high on Kris Joseph at the beginning of the season, and still think he has great pro potential, but his draft stock might have gone from sure 1st rounder to middle of the road or high 2nd rounder.  He is only a Junior, so he could opt to come back, which he may end up doing should Syracuse perform poorly in the Tournament.  Rick Jackson does not have that option.  The 6’9 Senior will likely be a mid-to-late 2nd rounder.  Looks like it will likely be a fight between Tellem, Rose, and Duffy.  The three are used to competing with one another.

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