A Complaint dated December 22, 2011 was filed in the United States District Court Eastern District of Pennsylvania against Comcast-Spectacor.  The Plaintiffs, Robert Whitsitt and Thomas Shine, allege that they had a written agreement (a January 24, 2011 email) with the chairman and executive vice president/general counsel of Comcast-Spectacor, and that based on the terms of the contract, the Plaintiffs were entitled to $2 million for introducing Comcast-Spectacor to Jason Levien (a purchaser).  However, a “purchaser” must meet specific criteria according to the agreement between Plaintiffs and Comcast-Spectacor.  Here is more on why the language within the agreement will likely be the main issue of the lawsuit.

Neither Plaintiff is unfamiliar with the world of sports.  Whitsitt was formerly the president of the Seattle Seahawks and Portland Trailblazers.  Shine is senior vice president of Reebok International.

Interestingly, the Complaint reveals that Jason Levien was not the only person tied to the sports agent industry who had a potential interest in purchasing the 76ers.  Happy Walters’ name is first mentioned in Paragraph 10 of the Complaint.  That paragraph states that Walters was introduced to the chairman of Comcast-Spectacor in November and December of 2010 as a representative of a potential purchasing group.  Furthermore, Happy Walters’ name is included in the January 24, 2011 email agreement as a potential purchaser of the Philadelphia 76ers.

Walters currently represents Amare Stoudemire, Iman Shumpert, Corey Brewer, amongst others in the NBA and abroad.

Lawsuit v. 76ers former owner over $2 million finder’s fee

Basketball Agent Happy Walters Had Interest In Purchasing Philadelphia 76ers from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

I am honored to be named to SportsPro Media’s inaugural 10 NEXT class, which recognizes “ten stars of the sports business industry under the age of 30 that have achieved a level of success that is truly rare at such a young age.”  How about those St. Louis Cardinals?  I am having a good time watching them, as I followed many of the current players while they made their way through the Minors.  I remember thinking to myself only a couple of years ago that Allen Craig’s bat was just too good to keep out of Major League Baseball.  But it looks like the Texas Rangers have officially made this a series as they head back to Arlington, Texas.  There is lots of talk about this weeks Dolphins game, but mostly because Tim Tebow is the starting quarterback for the competing team.  Reminder – If you are not yet following me on Twitter, go give it a try.  I swear that I can be interesting at times.  Here are some stories I missed over the past week:

Football

• Al Irby calls the Jaguars a “sorry organization” [Agent accuses Jaguars of shirking bill by cutting David Garrard].
• An NFL agent provides the harsh reality of just how difficult and expensive it is to compete in his sport ["So You Wanna Be a Sports Agent…"].
• In part 2, Greg Linton answers some reader questions [SO YOU WANT TO BE AN AGENT?].
• Strong sign that the end of the UFL is near? [UFL exec sues for more than $100,000 in unpaid wages]

Shabbat Shalom: Friday Wrap-Up (10/21/11) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Baseball

• Based on Paul Kinzer failing to submit a no-trade list to the Mets [Did Francisco Rodriguez’s old agent really mess up? Or is this just classic Scott Boras?].
• Not surprisingly, Scott Boras came in at the #1 spot [Which Agencies Have The Most All-Stars?].

Football

• Relating to this Complaint filed by McAdoo [Michael McAdoo's reinstatement denied].

Shabbat Shalom: Friday Wrap-Up (7/15/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

All three agents found opportunities with NBA teams on the west coast of the United States, but there is no reason to look too much into that.  The three gentlemen also had law degrees, which is rather interesting to note considering that in the 2008-09 NBA season, only one General Manager had a law degree – Donnie Walsh of the New York Knicks.  However, in addition to the hiring of Myers, Babby, and Levien, Rich Cho (General Manager of the Portland Trailblazers) and David Kahn (President of Basketball Operations for the Minnesota Timberwolves) have been hired by their respective teams in the past couple of years, and each has a J.D.

Many basketball agents and attorneys would consider the title of NBA General Manager to be a dream job, and it seems to be coming more of a possibility in today’s day and age.  Whether you have such an interest or not, I encourage you to read through a recently published article titled, “National Basketball Association General Managers: An Analysis of the Responsibilities, Qualifications and Characteristics” written by Glenn Wong of the University of Massachusetts at Amherst and Chris Deubert of Ginsberg & Burgos, PLLC.  It has everything from the demographics and career paths of NBA General Managers to the Duties of an NBA General Manager.

The entire published article is embedded below, but first, here are a few notes I took while reading it:

• In 2008, the average NBA salary was $5.34 million, the highest in pro sports.
• NBA General Managers are generally involved in almost all operations of the team, including finances, marketing, stadium issues, media, public relations, coach selection, scouting, contract negotiations, and player personnel decisions.
• The NBA was the first U.S. pro league to implement a salary cap.  The cap was $3.6 million per team in the 1984-85 season.
• The salary cap in the 2010-11 NBA season was $58.044 million.
• Under the current collective bargaining agreement, which is about to expire, players are guaranteed at least 57% of Basketball Related Income in total salary and benefits.  Teams must spend at least 75% of the cap.
• Salary cap exceptions include the Bi-annual Exception, Mid-Level Salary Exception, Minimum Salary Exception, Traded Player Exception, Veteran Free Agent Exception (aka the Larry Bird Exception) – all discussed at length in the article.
• The average playing career of an NBA GM is more than double the average NBA playing career.
• Only 4 GMs in the 2008-09 NBA season had not played college basketball.
• In the 2008-09 NBA season, 50% of the then GMs had NBA coaching experience.
• Only 4 GMs in the 2008-09 season had advanced degrees.
• The average age of an NBA GM in 2008-09 was 50.1.  Only two GMs were under 40.

Twenty-First Century NBA General Managers from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Football

• Professor Gabe Feldman breaking it down [Q&A: Where does the labor situation sit after Friday's hearing?].
• Tony Agnone says the sky is not falling…yet [Agent telling players to stay prepared for inevitable return].
• University of Texas players not having the self control to say no to agents? [McCoy’s Wife: Longhorns ‘Didn’t’ Tell Agents ‘No’]
• Tweeted info about his teammate’s injuries [Ticats release player over Twitter posts]

Basketball

• Includes former agent Jason Levien [These Guys Want To Buy The Sixers].

Baseball

• I hear that Scott’s wife is the named advisor [Brewers draft Trent Boras, son of super agent Scott Boras].

Sports Business

• Molly Fletcher discusses how agents can help their clients into retirement [For the fans; Prepare for life after the game].

Sports Law

• Notarized contracts, $100,000 bond, strict document storage rules… [NC senate proposes strict sports agent laws].

Shabbat Shalom: Friday Wrap-Up (6/10/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Bob Myers joined Wasserman Media Group in 2006 as a basketball agent for the company.  He is responsible for representing players like Brandon Roy, Tyreke Evans, Brook and Robin Lopez, Kendrick Perkins, DeAndre Jordan, and many others.  Myers has been known as Arn Tellem’s “right hand man,” which is quite a compliment when referring to one of the best agents in the industry.

Myers has been a sports agent for over twelve years.  Prior to Wasserman Media Group, he worked at SFX Sports, where he served in a Vice President position.  Recently, Myers was honored by SportsBusiness Journal in its annual “Forty Under 40″ list.  Even more recently, I had the honor of serving as Moderator of a Sports Law panel at Southwestern Law School, which included Myers, David Pump, Warren Zola, and Marc Isenberg.  Myers certainly kept the Golden State Warriors secret well hidden from all of us.

Throughout the symposium, one could easily ascertain that Myers had a lot of issues with the agent industry.  He seemed rather deflated from a lot of the hoopla involved in recruiting athletes.  I think his dissatisfaction with the industry really shined when Myers discussed his recruitment of Jimmer Fredette and all of the difficulties he encountered in that process.  But Myers loves the game of basketball and is certainly one of the better basketball minds in the business of sports.  I have no doubt that he will be successful in his new position with the Warriors, and I am thrilled that my friend Peter Guber will acquire one of the best in the biz.

Bob Myers To Become Golden State Warriors Assistant General Manager from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

• Grant Hill – James Tanner (Williams & Connolly)
• Christian Laettner – Lon Babby (Williams & Connolly). Babby is now the President of Basketball Operations for the Phoenix Suns.
• Elton Brand – David Falk (FAME)
• Shane Battier – James Tanner (Williams & Connolly)
• Carlos Boozer – Rob Pelinka (Landmark Sports Agency)
• Chris Duhon – Kevin Bradbury (BDA Sports)
• Mike Dunleavy – Arn Tellem (Wasserman Media Group)
• Dahntay Jones – Aaron Mintz (Priority Sports)
• Daniel Ewing – Thad Foucher (Wasserman Media Group)
• J.J. Redick - Arn Tellem (Wasserman Media Group)
• Shelden Williams - Arn Tellem (Wasserman Media Group)
• Corey Maggette - Rob Pelinka (Landmark Sports Agency)
• Luol Deng – Jason Levien (LSR). Levien became general counsel and assistant GM of the Sacramento Kings and it is likely that Deng has either hired a new agent or is still in the market for one.
• Josh McRoberts - Bob Myers (Wasserman Media Group)

This year, the #1 overall pick in the NBA Draft could be coming out of Duke.  Kyrie Irving is projected to be one of the top picks in the Draft.  The talented freshman suffered a toe injury that has kept him out of much of this season.  Other Blue Devils expected to be selected are seniors Nolan Smith and Kyle Singler.  It is assumed that Smith will go ahead of Singler.  If Mason Plumlee decides to leave early, he could be a first rounder.

Looking at the list of Duke players along with their agents, Wasserman Media Group stands out from the pack.  Tellem, Myers, and Foucher do work!  And they also have B.J. Armstrong to assist in recruiting.  If you are not one of the big name agencies, it is doubtful that you have a shot securing a top Blue Devil.  Good luck competing against WMG, BDA, Landmark, FAME, Priority Sports, and Williams & Connolly (who takes more of a “lawyer approach” and charges by the hour up to a certain percentage of the player’s contract).

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

What:

When: Friday, March 25, 2011 (9:00 a.m. – 8:00 p.m.)

Where: Ames Courtroom (9:30 a.m. – 1:00 p.m.) and Austin West (1:00 p.m. – 6:30 p.m.)

PANEL #1 – AMATEURISM PANEL - 9:30-10:40am

Different sports entities answer the question “what it means to be an amateur” in different ways.  This panel takes a “comparative” approach to amateurism and look at how domestic and international sports organizations and entities (e.g., NCAA, IOC, and other sports regulatory bodies) define “amateurism.”  This panel will discuss how each type of organization defines “amateur” differently, and ask, normatively, what is the best way to define “amateurism”

PANELISTS:

• Roger Abrams (Northeastern University Law School)
• Jeremy Bloom (World Champion Skier)
• Christian Dennie (Barlow, Garsek & Simon LLP)
• Paul Haagen (Duke University)
• Michael McCann (Vermont Law School and SI.com)
• John Nichols (Penn State University and Co-Chair of the Coalition on Intercollegiate Athletics)

PANEL #2 – CONFERENCE REALIGNMENT PANEL – 10:50am-12:00pm

Over the past year, the landscape of college athletics has been dramatically altered with the movement of numerous teams to new conferences, including Nebraska to the Big 10, Colorado and Utah to the Pacific 10, Boise State to the Mountain West, and Brigham Young to independent status.  This raises issues about amateurism and the role of the NCAA in either facilitating or impeding conference realignment. This panel will explore legal and ethical issues related to amateurism and the role of the NCAA in conference realignment.

PANELISTS:

• Greg Byrne (Athletics Director, University of Arizona)
• Kristi Dosh (Taylor English Duma LLP and Forbes.com)
• Patti Ohlendorf (VP of Legal Affairs for the University of Texas at Austin)
• Patrick Rishe (Webster University and Forbes.com)
• Jason Russell (Skadden, Arps, Slate, Meagher, & Flom)
• Glenn Wong (UMass Isenberg School of Management)

SPORTS LEGACY INSTITUTE LUNCHEON - 12:00-1:00pm

The mission of the Sports Legacy Institute is to advance the study, treatment and prevention of the effects of brain trauma in athletes and other at-risk groups.  SLI was founded on June 14, 2007 by Chris Nowinski and Dr. Robert Cantu in reaction to new medical research indicating brain trauma in sports had become a public health crisis.  SLI has formalized groundbreaking neuropathological research by partnering with Boston University School of Medicine to form the Center for the Study of Traumatic Encephalopathy.  SLI President and CEO Chris Nowinski and other panelists will discuss SLI’s research and community outreach efforts and address the concussion crisis as it relates to intercollegiate athletes.

PANELISTS:

• Dave Bergeron (Stanford University, NFL)
• Peter Carfagna (Harvard Law School)
• Matt Henshon (Princeton University, Harvard Law School)
• Isaiah Kacyvenski (Harvard College, NFL)
• Pete Kendall (Boston College, NFL)
• Chris Nowinski (Harvard College, WWE, SLI President and CEO)
• Dave Zucker (Harvard Law School)

PANEL #3 – ATHLETE-AGENT PANEL - 1:10-2:20pm

The relationship between player agents and college athletes remains a hot topic for colleges, players, agents, players’ unions, and state governments.  Assuming we want to retain a model in which student-athletes are amateurs, how should colleges, unions, and states prevent agents from engaging in impermissible relationships with athletes?  More importantly, what role should colleges and universities play in assisting student-athletes who “go pro” in sports? This panel will discuss the athlete-agent issue by exploring agent regulation, how student-athletes and agents interact under the current regulatory regime, and what programs are in place to assist student-athletes who “go pro” in sports.

PANELISTS:

• Peter Carfagna (Harvard Law School)
• David Cornwell (DNK Cornwell)
• David Dunn (Athletes First)
• Dan Fitzgerald (Brody Wilkinson PC, Connecticut Sports Law Blog)
• Jason Levien (Agent and Former General Counsel, Senior Vice President and Assistant General Manager of the Sacramento Kings)
• Mike Zarren (Assistant General Manager of the Boston Celtics)
• Warren Zola (Boston College)

PANEL #4 – LITIGATING AGAINST THE NCAA – O’BANNON/KELLER/AGNEW LAWSUITS - 2:30-3:40pm

Three pending class action lawsuits (O’Bannon v. NCAA, Keller v. EA Sports, and Agnew v. NCAA) have the potential to forever change college sports.  The O’Bannon and Keller lawsuits attack the NCAA’s licensing practices as violations of antitrust laws and the players’ rights of publicity, while Agnew’s lawsuit challenges the NCAA’s 37-year-old practice of giving one-year scholarships.  This panel will explore the merits of the pending lawsuits and the potential impact of a successful outcome for any of the plaintiffs.

PANELISTS:

• Steve Berman (Hagens Berman)
• Gabe Feldman (Tulane University Law School)
• Rick Karcher (Florida Coastal School of Law)
• Ron Katz (Manatt, Phelps & Phillips, LLP)
• Jon King (Hausfeld LLP)
• Ed O’Bannon (Former NCAA Men’s Basketball Player and Lead Plaintiff in O’Bannon v. NCAA)
• Libby Sander (Chronicle of Higher Education)

PANEL #5 – BCS PANEL - 3:50-5:00pm

The Bowl Championship Series has been attacked by legal scholars, state attorney generals, and other interested parties as violating federal antitrust law.  In 2010-11, however, non automatic-qualifying schools took home a record $24.7 million.  Additionally, Playoff PAC recently submitted a report to the Internal Revenue Service challenging the tax-exempt status of the Fiesta, Orange, and Sugar Bowls and arguing that the three BCS bowls should not be considered Section 501(c)(3) charities.  This panel explores the antitrust and tax issues associated with the BCS.

PANELISTS:

• Marc Edelman (Barry University’s Dwayne O. Andreas School of Law)
• Brian Frederick (Sports Fan Coalition)
• Alan Fishel (Arent Fox)
• Nathaniel Grow (University of Georgia)
• Stephen Ross (Penn State University Law School)
• Mark Shurtleff (Utah Attorney General)
• Katie Thomas (New York Times)

KEYNOTE SPEAKER – SONNY VACCARO - 5:00-6:15pm

Cost: Free. Register here.

Harvard Law School 2011 Sports Law Symposium from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

• Mike Conley, Jr. – BDA Sports (Mike Conley, Sr.). Averaging roughly 14 points per game for the Grizzlies.
• Othello Hunter – David Lee Services (David Lee). Hunter is currently playing in the Lega Basket Serie A in Italy for Dinamo Basket Sassari.
• Ron Lewis – Unknown – last listed with Jason Levien. Playing in the NBL (Czech Basketball League) for CEZ Basketball Nymburk.
• B.J. Mullens – ASM Sports (Andy Miller). Currently on the Tulsa 66ers D-League roster.
• Greg Oden – BDA Sports (Mike Conley, Sr.). Plagued by knee injuries.
• Michael Redd – Kevin Poston. Expected to return from injury around March 21.
• Kosta Koufos – Mark Termini Associates (Mark Termini)
• Daequan Cook – BDA Sports (Mike Conley, Sr.). Getting limited playing time for the Thunder.
• Evan Turner – FAME (David Falk).

Termini has some serious Cleveland, Ohio roots, having gone to law school at Cleveland State University and worked in the Cleveland Cavaliers front office.  He also represented Jim Jackson.  But Mike Conley, Sr. is the main around campus.  However, all three of his clients listed above were a part of the same draft class.  Oden and Cook were tight with his son, who he also represents.  Will Conley, Sr. once again try to get in with the OSU draft eligible players in 2011, or will Termini, Andy Miller, or some other agent get in on the action? David Falk has been very selective in his recruiting since coming back to the business.  If he goes after anyone at OSU this year, it will be Sullinger.

Jared Sullinger will likely be a top 5 pick in the 2011 NBA Draft.  The Freshman is very likely to leave after this year.  William Buford is a talented shooting guard, but he still has one year left before graduation.  Will he leave early and select an agent?  Last, David Lighty, the senior shooting guard, has a good shot of being drafted, and could be selected in the upper half of the second round.

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

Who knows, you might just end up being an NBA General Manager or some other high-level executive within an NBA franchise.  You no longer have to be a former player, scout, or coach to get the high-level NBA job that many people dream of having.

Guys like Rich Cho, Lon Babby, David Kahn, and Jason Levien have changed the game in the NBA executive ranks, and I think the trend of hiring people with legal experience will continue.  And then there is the stat wiz, Daryl Morey, who does not have a legal background, but did graduate from M.I.T. (which has to count for something, right!).  In the future, will we see names like Joel Segal (Hofstra Law School), Tom Condon (Baltimore Law School), Ben Dogra (St. Louis University School of Law), Scott Boras (McGeorge School of Law), David Falk (George Washington University Law School), Arn Tellem (University of Michigan Law School), and Dan Fegan (Yale Law School) enter the mix of candidates for team executive position openings?

Sports Agents With Opportunities In The NBA from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules