• NCAA and college/university athletic rules
• Arena football
• Right of publicity and privacy of athletes
• Doping
• Eminent domain
• Pete Rose/gambling and the Baseball Hall of Fame
• Title IX
• Insurance
• Medical safety issues (i.e. concussions and helmets)
• Other suggested topics

This sounds like a great opportunity for people looking to get published in a legal publication, even if you are not currently practicing in the state of New York.  When choosing a topic, keep in mind that the target date for publication is 2013, so you want to choose something that will still be relevant by the book’s release.

Contact Elissa Hecker at eheckeresq@yahoo.com if you are interested in contributing to the upcoming Sports Law book.

Authors Wanted For Upcoming Sports Law Book from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

This comes in the wake of an alleged incident involving a first try bet in a Round 24 match last year with questionable bets being placed on the game. Player Agent Sam Ayoub was questioned and cleared of any suspicions.

While many other people connected to the sport (Players, Club Officials, Referees) are banned from betting, Player Agents have been free to bet because they aren’t directly connected to games.

In the light of this matter, NRL CEO David Galllop has reached out to the Players Agents Association to reconsider their position. Their response has been that they don’t see it as a major problem, with Agents not making a living out of betting on it. However, they will discuss the matter.

I personally think that Agents should be able to bet freely on sports in which they represent players. This is simply a knee-jerk reaction to allegations that were proven to be false. The position of Agent in relation to an Athlete is a close one, but it is no different to that of a friend or partner, who could just as easily coerce to fix an outcome. With an abundance of information available through the internet, it is rare for news such as an injury or an omission to be kept to a select few.

Thoughts?

Should Player Agents Be Banned From Gambling? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Yesterday, I read a report that Ted Forstmann, Chairman and CEO of IMG Worldwide, has been been betting on tennis matches.  IMG represents some of the best tennis players in the world, is a part-owner of The Tennis Channel, and also is responsible for the organization and execution of many tennis events.

The information that Forstmann has placed bets on tennis matches involving his own clients, was made available based on a lawsuit filed by James Agate.  Agate alleged that Forstmann once bet against IMG client, Roger Federer.  The response by an IMG Vice President denied the accusation, but instead admitted that Forstmann bet on Federer.  The media has taken an interest in this response, asking if Forstmann should be betting on his clients at all, whether it be for them to win or lose a match.  There are claims that there is a clear conflict of interest for Forstmann to be betting on a sport where he has a vested interest in its overall success.  Additionally, many people note that tennis already has a gambling problem that does not need to get worse.

Ted Forstmann Of IMG Accused Of Making Wagers On Tennis Matches from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Fantasy sports have become more than just the nerdy cult phenomenon that it originally appeared to be when it was run by advertising agencies through regional newspapers in the late 1980s.  Fantasy sports have now become an online game of luck, skill, addiction, and witty team names.  It is the culprit of an estimated $3-4 billion economic impact, as well as the number one contributor to decreases in work productivity from September to January.

There are a few things everyone should know about fantasy football: Never draft a kicker before the final round, anyone on the Jaguars with a hyphen in their name is usually a good bet (Maurice Jones-Drew, Mike Sims-Walker), and if you need a WR, contact Matt Millen as he seems to be loaded with them year after year.  All kidding aside, this lucrative business has become a cash cow, as an ever-growing list of websites are increasing their funding towards fantasy sports – the growth and opportunity are looking more promising than ever.  While the rules of the game and the guidelines most leagues follow are fairly similar from league to league, the discussion of the legality of it all is not quite so uniform.  It would be foolish to say that money and gambling aren’t predominant aspects of fantasy sports.  While the pride of winning and the feeling of true fantasy immortality are all well and good, a cash incentive is often the best way to reward a winning season.  There is no way for anti-gambling agencies to regulate whether or not the tens of millions of fantasy owners are playing the game for money (unless they use pay to play online leagues), but what the government can do is rule whether or not the activity as a whole is actually legal, and they have.  The issue boils down to whether or not there is skill involved in fantasy football.

About 4 years ago, there was an interesting lawsuit involving the legality (or possible illegality) of fantasy sports.  On June 20, 2006, Charles E. Humphrey, Jr. filed a complaint in the federal district court in the state of New Jersey against Viacom, Inc. (owner of the three main providers of online fantasy leagues), alleging that pay-to-play leagues are illegal Internet gambling.  In most states, “the test of the character of the game is not whether it contains an element of chance or an element of skill, but which is the dominating element that determines the result of the game.” According to previous rulings, games that fall under the gambling statutes are those classified as games of chance rather than games of skill.  What makes fantasy sports such an interesting topic of discussion with regards to that matter is that there is no consensus opinion.  The main question still remains the same: Does fantasy football require any skill, or is it merely all luck?  I guess it depends who you ask, because as we all know when we win, it was skill, preparation, and knowledge that brought us the trophy.  Yet when we lose, it was most likely because someone else got lucky.

In the end, the court ruled that “fantasy sports involve elements of both skill and chance, but the skill elements are dominant… as through research, intelligence, and skill, the participants can control the outcome of the contests.”  There you have it: You can now officially brag and say with pride that you won a fantasy football league because you tactfully put together a team that gave you the best chance to win.  Just don’t go rubbing your winnings in anyone’s face.

Copy of case: Humphrey v. Viacom, Inc.

Skillful Planning or Lucky Break? Fantasy Football’s Unique Ruling from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Per is a Norwegian (34) who lives in the suburbs outside of Oslo. He is married and has a daughter (8). Per has been working as an executive sales director for many years and has a Bachelors degree in Science Business – Communications. Per has always been fascinated by new and exciting industries – and although the (online) gambling industry was hardly new in 2006, he still decided that it was somewhat untouched when it came to agencies; and that made Per start up Poker Icons.

Richard Kimsey: Why did you decide to found a poker agency and how was the idea formulated?

Per Hagen: The idea of founding Poker Icons came about after discovering that the industry was still very much booming in 2006, and a lot of sites were sponsoring players, but with no real plan, capacity or focus on how to optimize the relationship between them and the player. I could also see that the players really needed someone to help them managing their careers in many ways. So I started up with a few players focusing on Europe and online talents, and now we are 40+ from all over the world. Most of them are really big winners who are young and dominating both online and live poker. We also have a selection of US players on our list, and by the end of 2009 we expect to have about 100 players in total with offices all over the world.

Richard Kimsey: What is a typical day for you, if there is one?

Per Hagen: Since we work over all the time zones in the world it’s pretty much a 24/7 job. I wake up to approx 30 waiting e-mails and IM’s, read through the latest poker/industry news and articles. Check in with some of the players and partners, have a brief meeting with the others in the company – before starting the nitty-gritty. No 2 days are identical, but we have a clear strategy we follow, so it’s important for us to stay on track. There are always great new opportunities, but I think it’s important to look for synergetic effects in everything you do, have a clear idea on where you want to go, and keep focus on how you can get there.

Richard Kimsey: Why do you feel there is a need for representation of poker players and when did this become relevant? Was this needed before the big boom when the World Series of Poker began becoming popular on ESPN?

Per Hagen: The boom obviously started when WSOP started to get TV attention and it just continues to grow. This means that the players are getting more and more exposure, not only in poker, but also from general media. In addition the sponsors have now become much more focused on actually using the players they sponsor in campaigns and such. This means that there is now much more pressure on the players, and there is a need for poker agencies like ours. We help both the sponsors and players so their partnership runs smoothly. We also handle most of the media for the players.

Richard Kimsey: How does the exposure of the sport on ESPN and other networks benefit your company?

Per Hagen: Every time the sport is aired in a positive way and environment, this benefits the industry. It’s good to see that mainstream media is also starting to give it some attention.

Richard Kimsey: As far as contract negotiations, what do you try to get for your clients and how do you angle the negotiations for a poker player?

Per Hagen: For us it’s important to find the right sponsor for our players, and vice versa. No players are alike, so it’s really important to map out the players wishes and try to negotiate a deal with the sponsors so they both know in advance what they will be getting (besides the financial part) from each other, and establish some routines to make sure they both follow up on it.

Richard Kimsey: What kind of marketing opportunities do you find for your clients and what kind of demand is there for them?

Per Hagen: Poker Icons mainly work with high profiled players that get a lot of media attention and exposure. They write blogs, articles, books, do TV shows and figure on the biggest poker media’s front covers.

Richard Kimsey: What other services does your agency perform for its clients and how do you feel those services give the clients an advantage?

Per Hagen: Poker Icons provides a full poker player agency service, we have a separate marketing team that does a lot of marketing jobs for our partners, we recruit staff for poker jobs, do poker productions and arrange poker events also.

Richard Kimsey: How do you recruit your clients and what kind of competition is there with other poker agencies?

Per Hagen: First of all the players have to be really good poker players, but it’s also very important that the players are marketable, and if he/she hails from an area of the world which is targeted by the biggest sponsors – that’s a big bonus. As far as competition goes, I actually think competition is good. Even though we are the biggest agency in Europe and a close number 2 in the world – we do our own thing and don’t really compete so to say with the others. We are blessed with a long list of satisfied poker players, and they are really good ambassadors for us. I think that’s the best marketing we could do.

Richard Kimsey: Do you feel that poker agencies are a growing industry?

Per Hagen: It’s a very niche industry, so I don’t think anyone could just start up. It takes time to build up a relationship with a big player base and you have to prove your worth to the sponsors before you are accepted in. I think it would be very hard for someone else to start up now. The market is pretty much taken by us and the other US focused agency.

Richard Kimsey: What would you say to someone trying to break into the industry?

Per Hagen: Good Luck – and don’t forget that there is something called moral and ethics

Richard Kimsey: Do you offer any internship opportunities?

Per Hagen: Yes

Interview With The Agent: Per Hagen from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

6. Hire an agent who sniffs a lot and/or is constantly checking the scores on his BlackBerry. Those are the kinds of guys who will suck up your dough like a street-sweeper. Ex-Knick Mark Jackson once had a business manager he thought he could trust. Turned out the guy was forging Jackson’s signature on checks—an estimated $2.6 million worth—to feed a gambling jones. “And it wasn’t like I was a rookie—I was a veteran,” Jackson says. The only reason he says he’s getting some money back is because he didn’t … [7. Sign over power of attorney]

Helping You Lose Your Money Effectively from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

After the whole Tim Donaghy scandal, it would be smart if athletes decided to stop gambling, at least for a while.  Since the Donaghy story broke, we have heard about Charles Barkley and Adam Jones (formerly known as Pacman) getting sued by Las Vegas casinos for not paying their gambling bills.  This week we now hear that Alonzo Mourning is also charged with having an unpaid bill at a Vegas casino.

Barkley has been quoted saying that he [Charles] has a gambling problem, but he has the money to afford it…another great Barkley quote. Zo apparently owes $50,000 to the same casino that Barkley owed his money.  However, reports say that Zo’s debt was not from casino gambling but from reserving a dining room for his charity during last year’s all-star break.

Although Zo might not been in Vegas gambling away his money, why do he and other athletes not pay their bills?  It only costs them more money and hassle in the long run by running away from debt. This gives the athletes a bad image in the media and can hurt their careers.

If they want to keep their gambling habits out of the media and not under the microscope, athletes should pay their checks and avoid going to court.  These athletes are not bums like Tim Donaghy who have much less money and make deals with the Mafia.  They could easily pay their bills and should do so before they leave Vegas.  As the amended saying goes, what happens in Las Vegas should stay in Las Vegas.

Gambling With Your Career from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules