Darren Heitner: You are coming close to 20 years of negotiating deals for NFL players. Which period in that long term was your most enjoyable, and why?

Jack Bechta: Probably 1993 through 1998. In ‘93 I had a 2nd-rounder (OL Todd Rucci), a 3rd-rounder (OL Earl Dotson), and a UFA (CB Curtis Buckley) who all went on to be very successful. That was my breakout year, and the next several years were fun because I had the business somewhat figured out. Rucci became a very close friend, and in that period I signed guys like Tim Dwight, Adam Treu and Todd Washington, all of which I grew very close to because my clientele was still small. A few of these guys would live with me in the off-season, and we would travel together to places like Tahoe, Australia and Mexico. Good times!

Darren Heitner: You have negotiated over 200 NFL Contracts. Which one or two were the most creative deals, what were the creative terms, and how did you go about placing those terms into the contract?

Jack Bechta: For Todd Rucci in 1993, he was one of the first players ever to have a voidable clause in his contract under the new CBA. Also, I once had a weight clause in Dotson’s contract. If he reported under 320, he would get $100k bonus. We used it to make a make up a gap. I told Earl the number was 315, so he made it every time.

Darren Heitner: You are one of the brave few agents who has the courage and time management skills to represent talent and blog about it. How do you manage the load?

Jack Bechta: It’s pretty easy, actually. I try to keep my blogs to about 500 words, and I just write about current events and things I know well once or twice a week. Writing has actually made me a better agent, because I now pay attention to every single piece of information in the blogosphere and on our site. I am more informed than I ever have been. I also like educating young people, players and parents on the inner workings of the industry. A lot of agents try to make this business mystical, and I try to demystify it and make it more professional.

Darren Heitner: What benefits do you and your clients get from your regular postings at NationalFootballPost.com?

Jack Bechta: I won’t use NFP as a tool to help myself or my clients. However, they will benefit by getting some national exposure when I write about them.

Darren Heitner: You played college football. How has that helped you relate to clients? Has it helped you in your representation of athletes?

Jack Bechta: I understand what it’s like to go to camp, stay in shape, get hurt, get concussions, get a job, lose a job and be a rookie and a vet. A coach once told me there are football players, and there is the rest of the world. I feel I am in a unique fraternity. Although I played at small Texas A&M, we were big on football pedigree. We had 3 to 5 guys go pro the years I was there, including Hall of Famer Darrell Green. Gene Upshaw was an alum and visited a few times. Basically, it helps me tremendously. I can talk the language, and I am never starstruck.

Darren Heitner: How bad is client stealing amongst NFLPA certified agents? What can be done to curb the practice of client stealing?

Jack Bechta: It’s pretty bad. When a good player nears the doorstep of free agency, the wolves start to circle. So far the NFLPA has done very little to stop it. The problem is they need the player to turn in the wolf, and they won’t do it. I wrote a little bit about a client of mine who was approached by another agent in one of my NFP articles.

Darren Heitner: What’s your beef with Leigh Steinberg all about?

Jack Bechta: I don’t have a beef with Leigh. I actually respect him as a marketer, as he was the first agent to play to the media. However, I have little respect for the latter part of his career because I know some things that are downright disgusting relating to his behavior as a person and an agent. To this date I believe the rookie deal he did for Bledsoe in 1993 exponentially set the stage for rookie contracts today. Unfortunately, i know too much. I am rooting for him, though, to over come his addiction problems, especially since my father was an alcoholic. He’s a pioneer, and I wish him well, but I also tell it like it is.

Darren Heitner: How many years were you in this business before you started earning a profit? What kind of expenses go into being an agent?

Jack Bechta: It took me about 5 years to become a full-time agent. But things were different then. We didn’t have to pay for training, room and board, so my business has always been profitable. A beginning agent will need about $100k to get started.

Darren Heitner: I could not help but notice that you list your high school G.P.A. and class rank on your company website. What’s that all about?

Jack Bechta: I’m not sure, actually. I like to let people know what part of the country I am from. I treat my website like a resume, and college football players are only 4 or 5 years removed from high school, so they can relate. You can never give too much info about yourself – people want to know who you are.

Darren Heitner: What advice would you give to those in their early twenties who want to break into this industry?

Jack Bechta: The #1 rule is: Don’t be naive. This is the most competitive business on the planet. If you want to hear more of my thoughts on this topic, I’ve actually written quite a few posts over at NFP. “Cracking the Agent Business”, “Two Paths to Becoming an Agent”, and “Becoming an Agent Part Two”.

Darren Heitner: Anything else you would like to add for our readers?

Jack Bechta: The sports world can always use more hard working professionals who have the best interest of the players in mind!

Darren Heitner: You are coming close to 20 years of negotiating deals for NFL players. Which period in that long term was your most enjoyable, and why?

Jack Bechta: Probably 1993 through 1998. In ‘93 I had a 2nd-rounder (OL Todd Rucci), a 3rd-rounder (OL Earl Dotson), and a UFA (CB Curtis Buckley) who all went on to be very successful. That was my breakout year, and the next several years were fun because I had the business somewhat figured out. Rucci became a very close friend, and in that period I signed guys like Tim Dwight, Adam Treu and Todd Washington, all of which I grew very close to because my clientele was still small. A few of these guys would live with me in the off-season, and we would travel together to places like Tahoe, Australia and Mexico. Good times!

Darren Heitner: You have negotiated over 200 NFL Contracts. Which one or two were the most creative deals, what were the creative terms, and how did you go about placing those terms into the contract?

Jack Bechta: For Todd Rucci in 1993, he was one of the first players ever to have a voidable clause in his contract under the new CBA. Also, I once had a weight clause in Dotson’s contract. If he reported under 320, he would get $100k bonus. We used it to make a make up a gap. I told Earl the number was 315, so he made it every time.

Darren Heitner: You are one of the brave few agents who has the courage and time management skills to represent talent and blog about it. How do you manage the load?

Jack Bechta: It’s pretty easy, actually. I try to keep my blogs to about 500 words, and I just write about current events and things I know well once or twice a week. Writing has actually made me a better agent, because I now pay attention to every single piece of information in the blogosphere and on our site. I am more informed than I ever have been. I also like educating young people, players and parents on the inner workings of the industry. A lot of agents try to make this business mystical, and I try to demystify it and make it more professional.

Darren Heitner: What benefits do you and your clients get from your regular postings at NationalFootballPost.com?

Jack Bechta: I won’t use NFP as a tool to help myself or my clients. However, they will benefit by getting some national exposure when I write about them.

Darren Heitner: You played college football. How has that helped you relate to clients? Has it helped you in your representation of athletes?

Jack Bechta: I understand what it’s like to go to camp, stay in shape, get hurt, get concussions, get a job, lose a job and be a rookie and a vet. A coach once told me there are football players, and there is the rest of the world. I feel I am in a unique fraternity. Although I played at small Texas A&M, we were big on football pedigree. We had 3 to 5 guys go pro the years I was there, including Hall of Famer Darrell Green. Gene Upshaw was an alum and visited a few times. Basically, it helps me tremendously. I can talk the language, and I am never starstruck.

Darren Heitner: How bad is client stealing amongst NFLPA certified agents? What can be done to curb the practice of client stealing?

Jack Bechta: It’s pretty bad. When a good player nears the doorstep of free agency, the wolves start to circle. So far the NFLPA has done very little to stop it. The problem is they need the player to turn in the wolf, and they won’t do it. I wrote a little bit about a client of mine who was approached by another agent in one of my NFP articles.

Darren Heitner: What’s your beef with Leigh Steinberg all about?

Jack Bechta: I don’t have a beef with Leigh. I actually respect him as a marketer, as he was the first agent to play to the media. However, I have little respect for the latter part of his career because I know some things that are downright disgusting relating to his behavior as a person and an agent. To this date I believe the rookie deal he did for Bledsoe in 1993 exponentially set the stage for rookie contracts today. Unfortunately, i know too much. I am rooting for him, though, to over come his addiction problems, especially since my father was an alcoholic. He’s a pioneer, and I wish him well, but I also tell it like it is.

Darren Heitner: How many years were you in this business before you started earning a profit? What kind of expenses go into being an agent?

Jack Bechta: It took me about 5 years to become a full-time agent. But things were different then. We didn’t have to pay for training, room and board, so my business has always been profitable. A beginning agent will need about $100k to get started.

Darren Heitner: I could not help but notice that you list your high school G.P.A. and class rank on your company website. What’s that all about?

Jack Bechta: I’m not sure, actually. I like to let people know what part of the country I am from. I treat my website like a resume, and college football players are only 4 or 5 years removed from high school, so they can relate. You can never give too much info about yourself – people want to know who you are.

Darren Heitner: What advice would you give to those in their early twenties who want to break into this industry?

Jack Bechta: The #1 rule is: Don’t be naive. This is the most competitive business on the planet. If you want to hear more of my thoughts on this topic, I’ve actually written quite a few posts over at NFP. “Cracking the Agent Business”, “Two Paths to Becoming an Agent”, and “Becoming an Agent Part Two”.

Darren Heitner: Anything else you would like to add for our readers?

Jack Bechta: The sports world can always use more hard working professionals who have the best interest of the players in mind!

U.S. District Judge Paul Magnuson’s decision on Friday to uphold a District Court order temporarily restraining the League’s suspension of five players (Kevin Williams and Pat Williams of the Minnesota Vikings and Charles Grant, Deuce McAllister and Will Smith of the New Orleans Saints) for allegedly violating its drug policy surprised many observers who expected that a federal court especially was likely to interpret the matter under the bright-line language of the CBA and hold in favor of the League. Numerous apparent discrepancies in the League’s handling of the matter, however–including possibly withholding material information from players relating to the supplement at hand, StarCaps, a weight-loss substance containing the banned diuretic bumetanide; supposedly failing to respond to players’ inquires about the supplement through its supplement/drug hotline; and finally waiting months (the samples in question were from this summer) to announce the results of the tests and then implementing the corresponding suspensions late in the season, thereby implicating salaries and the playoff push–have apparently made the case a bit murkier than it first appeared. Judge Magnuson stated that he will need “more time to fully and carefully consider all of the briefs, arguments, and cases put before him,” and some pundits expect that the case will not fully be completed until early next year–possibly even after the Super Bowl.

Mike Florio at ProFootballTalk.com nicely lays out the hurdle the players will have to clear in the coming days/weeks/months in order for the Court to completely dismiss their suspensions and fines:

Typically in matters of this nature, the plaintiffs must prove that they will suffer “irreparable harm” if the defendant isn’t blocked from doing whatever it is that the defendant plans to do. The defendant in such cases usually responds by arguing that, since the plaintiffs can later recover a monetary award to compensate them for their lost wages and other damages, their available remedies are adequate and ”equitable relief” (e.g., telling a party that it can’t do something that it wants to do) isn’t appropriate.

In other words, the NFL will argue in this case that, because the players can later recover cash money from the league if it turns out that the suspensions violated their legal rights, there’s no need to stop the league from suspending them.

In this type of case, however, where NFL players have only so many seasons during which they can play NFL football and where that lost 25 percent of one season will never return, the argument in favor of a finding of irreparable harm might be stronger than most cases involving actions to be taken against employees.

The real battleground in this case could be the requirement that, in order to obtain an injunction pending the outcome of the litigation, the players must prove that they have a strong likelihood of eventually winning the case. The NFL surely is arguing strenuously that the legal theories advanced by the players are not valid, because the only potential legal claim that can be made in this case is that the NFL violated the Collective Bargaining Agreement and/or the steroids policy.

Regardless of the outcome, the lawsuits in question (both the above-named players and the union are suing the NFL) present serious questions about the implementation of the League’s drug policy. Moreover, the fact that the cards have been stacked against the players from the get-go, and that the League felt reasonably sure that it could waltz into Federal Court and have its way (it still may), is indicative of just how much control the NFLPA lost to the League in regards to disciplinary measures during their negotiations (the steroids policy, while not part of the CBA, was also the product of collective bargaining). As columnist Patrick Reusse of the Minneapolis Star-Tribune pointed out this week:

“Any union worth its salt would have hung tough in negotiations to create a disciplinary panel — one representative from management, one from the players and a neutral party — to decide these matters.

Gene Upshaw never fought that fight in his time as union chief. He ceded the authority to the commissioner, and now the players find themselves with Roger Goodell running amok and robbing their paychecks at every turn.”

Finally, given the NFLPA’s own lawsuit against the NFL in the matter, tensions are now even higher between the two sides in regards to their impending CBA negotiations. Goodell has seemingly had a good time flaunting his disciplinary authority so far, and his objective to polish up the League’s image is probably a virtuous one. That said, draconian hubris has a way of unfolding over time. Friday’s decision could be just the start.

A federal jury awarded over 2000 NFL retirees more than $28 million in damages last week after a three week trial in San Francisco in a class action lawsuit against the NFL Players Association (NFLPA). The lawsuit, filed by hall of fame cornerback Herb Adderley, claimed that the NFLPA actively excluded retired players from lucrative marketing deals in an attempt to increase the royalties for current players.

A particular point of contention on the part of the retirees was the use of their likenesses in EA Sports’ Madden NFL video games. The plaintiffs pointed to a letter from the NFLPA to EA Sports demanding that EA scramble the images of the retired players on the vintage teams included in the game so that the NFLPA could avoid paying them any royalties. While the Madden vintage teams used rosters with no-name players and likenesses, the retirees contended that the players were easily recognizable based on their characteristics. The jury agreed, awarding $7.1 million in actual damages and another $21 million in punitive damages to the retirees.

The jury award comes at a time when not only tensions between the union’s representation of current players and former players are high (not only over marketing, but over the highly publicized disputes concerning retirement and disability benefits as well), but the NFLPA also faces the challenge of replacing longtime executive director Gene Upshaw with a new commissioner who appears to rule with an iron fist, and the possibility of labor strife as the current collective bargaining agreement is due to expire after the 2010 season.

The choice of a new executive director for the union promises to be an important one. Gene Upshaw was highly respected during his tenure, but his leadership was also the source of substantial criticism. While some supporters suggest that the current labor peace and the substantial success of the NFL as a whole were reasons to maintain the status quo, detractors contend that Upshaw’s relationship with the league owners was much too congenial. Bryant Gumbel once suggested that Upshaw was “docile” and that Paul Tagliabue made him his “personal pet.” These critics point to the fact that most NFL salaries are not guaranteed and that the hard salary cap severely limits players’ earning potential. Comparisons to baseball and the strength of its players’ union are inevitable.

The new executive director, expected to be elected at the NFLPA’s annual meeting in March, will be immediately confronted not only with the issue of the tensions arising out of the recent lawsuit, but also of the expiring CBA. The current deal, which could have carried through the 2012 season, was opted out of by the owners this year. Assuming a new deal is not struck beforehand, the 2010 season will be played without a salary cap. This decision on the part of the owners should signal to the NFLPA that the owners are not necessarily content with the status quo and will be looking to tighten the purse strings once again.

The new NFLPA executive director will have an immediate impact on how the union will be perceived by the owners entering negotiations for a new CBA and on the perceived strength of the bargaining unit. Players and their agents alike should be lobbying for strong advocacy. A cozy relationship with the front office should not be the number one priority, but instead more guaranteed money in player contracts and some unification between the union’s representation of current and former players should dominate the initial agenda. The NFLPA faces a potentially difficult and tumultuous road ahead and strong leadership will be essential to the future of the players, their representatives and the NFL’s retirees.

Guest contribution by Michael C. Frilling, Esq.; General Counsel; www.fksportsmanagement.com

2008 Veteran Signings

• Bernard Berrian, WR, (Minnesota Vikings): Signed a 6-year, $43.4 million contract
• Derek Anderson, QB, (Cleveland Browns): Signed a 3-year, $24 million contract
• Ryan Grant, RB, (Green Bay Packers): Signed a 4-year, $20 million contract
• Michael Turner, RB, (Atlanta Falcons): Signed a 6-year, $34.5 million contract
• Flozell Adams, T, (Dallas Cowboys): Signed a 6-year, $43.8 million contract
• Asante Samuel, CB, (Philadelphia Eagles): Signed a 6-year, $57.14 million contract

2008 Rookie Signings

• Jake Long, OT, (Miami Dolphins, 1^st Overall Pick): Signed a 5-year, $57.75 million contract
• Chris Long, DE, (St. Louis Rams, 2^nd Overall Pick): Signed a 6-year, $60 million contract
• Matt Ryan, QB, (Atlanta Falcons, 3^rd Overall Pick): Signed a 6-year, $72 million contract
• Darren McFadden, RB, (Oakland Raiders, 4^th Overall Pick): Signed a 6-year, $60 million contract
• Glenn Dorsey, DT, (Kansas City Chiefs, 5^th Overall Pick): Signed a 5-year, $33 million contract
• Vernon Gholston, LB, (New York Jets, 6^th Overall Pick): Signed a 5-year, $32.5 million contract

After looking these contracts over, it is insanely hard to believe that Jake Long, an unproven NFL tackle is making more than Flozell Adams, a 4-time Pro Bowl veteran tackle. How is Darren McFadden making more than Ryan Grant and Michael Turner both of whom played excellent roles on their respective teams last year?

Seeing as the attendance of rookies at training camp is so vital to the success of the player, it pained some to see 2007 1^st overall draft pick JaMarcus Russell hold out of camp until September 12^th when Russell was signed to a 6-year, $61 million deal with $29 million guaranteed. One cannot help but wonder if the reason why rookies get paid so much up front is to prevent another “JaMarcus Russell hold out.” The NFL owners are not crying poor, so Goodell’s battle is not one of finances but one of fairness. Do not think for one minute that rookies believe that the amount of money being paid to them is sane. In an interview with Falcons quarterback Matt Ryan, he stated: “I’ll take it. I see both sides of the argument but I’m going to take the (current) argument now.”

A great point made by the late Gene Upshaw was that the rookie contracts only help those free agent veterans who are up for new contracts. What Mr. Upshaw means is that, for example, lets jump into the shoes of an 18-year-old girl who is negotiating with her parents about buying a car. The teen, so paradoxically calm, says: “But, Mom! Angie got a BMW and she’s only 16!” This is a perfect parallel to the situation in the NFL. Agents of veteran free agents can go to negotiations armed with the contracts of these rookies. Whew, no wonder why teams these days want to stay clear of early first round picks. As a future NFL agent, I cannot help but disagree with not being able to pay rookies these huge contracts.

Roger Goodell is not wasting any time on this matter so look to see some headlines fairly soon.

16. Theodore Forstmann Chairman, CEO, IMG (2007 – #26)

37. Scott Boras President, Boras Corp. (2007 – #12)

43. George Pyne President, IMG Sports and Entertainment (2007 – #59)

46. Casey Wasserman Chairman, CEO, Wasserman Media Group (2007 – #79)

70. Tom Condon NFL Agent, CAA (2007 – #90)

98. Arn Tellem President, WMG Management (2007 – #83)

Not ranked. Gene Upshaw Chairman, NFLPA (2007 – #33)

Not ranked. Mark Steinberg SVP and global managing director of golf, IMG (2007 – #72)

Observations

• Similar to last year, I must say that IMG is getting mucho love from the voters.  Forstmann and Pyne received a boost; however, what the hell happened to Steinberg?  He gets his client, Tiger Woods, #1 for two consecutive years and has his name drop off the list?  Where is the justice in that?
• Gene Upshaw, may he rest in piece, must have been left off the list due to his recent death.  Had he still been living, I would bet my money that he makes the list in 2008.
• Wasserman jumps more than thirty slots but Tellem goes down fifteen?  Tellem absolutely tore it up this year with BJ Armstrong is his more than able wingman.  At least no basketball agent was positioned ahead of Tellem on the list.
• Boras has had his fair share of bad moments in the media this year.  While he is still making a lot of money for his clients, I understand why voters have positioned him lower on the rankings.

Last, here is an interesting opinion from Darren Rovell of CNBC regarding agents in this listing:

The most glaring omission from a sector standpoint is the agents. Most notably, Drew Rosenhaus, who I had as No. 20 on my list, is even not in BW’s top 100. Agents Scott Boras (37), Tom Condon (70) and Arn Tellem (98) appear on the list, but I might have had Aaron and Eric Goodwin on the list this year, particularly because of the shoe deals they structured for Kevin Durant, Dwight Howard and Candace Parker.

I agree.  Rosenhaus above the Goodwins, but all of them deserve to be mentioned.  Next question…

Gene Upshaw became Executive Director of the NFLPA in 1983 and served in such capacity until his recent death.  He has been a topic of conversation numerous times on SportsAgentBlog.com.  In 2007, he was ranked #33 in BusinessWeek’s Power 100.  But earlier this year, we started to cover some of the complaints that Upshaw was receiving from within his players’ association.  Matt Stover said that Upshaw was on his way out as Executive Director, but Kevin Mawae, the active-players-leader of the NFLPA, refuted Stover’s comment.  It did not help that Dawkins backed Stover’s claim.  Gene Upshaw did not want to hear the mention of a succession plan, and got veterans like Trace Armstrong to defend him against those who were making public statements against his role as Exec Director.

No matter what your thoughts are on how Gene Upshaw handled the oversight of NFL players, you can be rest assured that he cared about active, injured, and retired players alike.  For over twenty years, his life was devoted to giving NFL players increased rights and strengthening their position against ownership in connection with labor issues.  Gene will be missed by all.

The answer may be a slotting system, but as NFLPA President Kevin Mawae states, if the players give in on a slotting system, the owners better be giving something back in return. The other major issue I see comes in the debate over what percentage of overall revenue the players should be entitled to. NFL players currently receive roughly 60%, amounting to a total of $4.5 billion each year, leaving owners about $4 billion. Mawae says that no matter what the issues are, the players remain united around Gene Upshaw (has the disunity subsided?).

Some other issues that are being discussed include: G-3 funding for stadiums, better benefits, easier access to treatment for retirees, pensions, bigger salaries, and guaranteed contracts. To be honest, I have always wondered how the owners get away with giving players these fake contracts that have little to no guarantee. Sure, football is a dangerous sport full of major contact on the human body, but shouldn’t that actually play as a strong point for guaranteeing a contract? If a player is going to give his all every Sunday, should he not be compensated for putting his life or future ability to walk in danger? Why do baseball and basketball players have their salaries guaranteed but football players struggle to get a small portion of their contract deemed as “guaranteed money”?

Most likely, the retirement and pension issue will get pushed to the side like it always is, in favor of talking about the sexy issues of revenue sharing and rookie slotting. There are many, including Leigh Steinberg, who will be upset if the NFLPA and the owners push the topic to the back of their agenda.

Matt Stover’s only comment was that the move was “interesting.” The important quote from Stover is, “We need Gene to be in full authority through the next CBA, even if it means going beyond his current contract. I just think we can have a orderly process that still gets his successor in place without undermining Gene. That’s where my heart is.”

Gene does not want to hear anything about a succession plan, though. And he may need to concede on that point if he truly cares about strengthening the union in preparation for a big battle against NFL owners.

“I’m not sitting here defending Gene Upshaw, but when you have Matt Stover, who is not even the president of the NFLPA — I think, it’s Kevin Mawae — making a decision that we all need to stand behind, it makes us not look like we’re a strong front and shows that we’re divided,” Texans veteran defensive end N.D. Kalu said. “And that doesn’t look good when you’re negotiating, because whoever the NFLPA negotiates against or with, they are going to know we are divided on certain issues.”