You probably have never heard of the Student Basketball Forum, but if author/speaker/businessman Marc Isenberg and Nolan Smith of the Portland Trail Blazers (and former Duke Blue Devil) have their way, the “Forum” will gather the strength to empower the next generation of great college and pro basketball players and great leaders.  The gentlemen have made their presence known on an official Facebook page and they received some positive press a few days ago in the Wall Street Journal.

The Forum’s missions are as follows:

• Empower: We believe uninformed and misinformed athletes are easy marks for unscrupulous coaches, boosters, agents, financial advisors and even friends and family. The Forum will educate and empower players to take a more active role in shaping their future success—and give hem the educational tools necessary to do so.
• Advocate: College basketball is a great game, but it is a questionable business, especially when viewed though the athletes’ experience. College players need a group dedicated to their interests.  Think about it: Every other group within the NCAA’s hierarchy has an group that represents college presidents, athletic directors and coaches. It’s 2011: College basketball players deserve an organization that unapologetically serves them.
• Mentor: Too many professional athletes end up experiencing problems— financial, physical and mental. This is a reversible trend—at least for those who are willing to put in the time necessary to learn how the business of sports works. In order to help basketball players succeed, The Forum will build a trusted mentorship network to help the next generation of players succeed.

A Student Basketball Forum To Empower And Mentor Athletes from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Football

• Tick, tock. Tick, tock [UFL shrinks to four teams, six games].
• No team spending requirements until 2013 [Breaking in the new Cap].
• He is also engaging in some important negotiations on behalf of Michael Vick and Chris Johnson [How Football Agent Joel Segal Made His NFL Clients $150 Million In Eight Days].

Shabbat Shalom: Friday Wrap-Up (8/12/11) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

But let’s talk about the bill that will soon become law in California.  As I have stated many times over, there is no cause for celebration just because some new legislation has been passed in any given state.  Any perceived issue by and large is not due to a lack of regulations; what needs fixing (if you are of the belief that these regulations are worthwhile) is the enforcement of the regulations.  California’s law has never actually been used to charge an agent since its creation in 1996.  Statements like “California is now one step closer to preventing student athlete victimization with the passage of this legislation” sounds great in re-election campaigns, but legislators need to be honest with the public – these new laws do not mean a damn thing unless and until they are enforced.  As USC vice president for athletic compliance David Roberts has stated in the past, “Until there is a situation where an agent is the subject of a major civil award or criminal conviction, it’s not going to stop.”

Here is a line in de León’s press release that got me just a tad worked up:

[Sports agents] frequently employ tactics that involve secret payments, providing student athletes with unrealistic promises, and force student athletes into entering contracts that are not in their best interest.

Does the Senator not realize that his legislation, and no sports agent law on the books in the entire United States, will have any effect on agents providing student athletes with unrealistic promises?  Athletes succumbing to unrealistic promises from sports agents is probably the number one issue we should be concerned about, yet the only way to fix that problem is through educating the athletes on what they should be looking for in an agent, along with the types of statements that should throw up a red flag.  A reformation to an existing athlete agent law is supposed to somehow make athletes wake up and sniff out the false promises?

The good: California’s new athlete agent law will force agents who violate its provisions to relinquish any money received or owed if that money was connected to the violation.  Additionally, sports agents will have their business privileges suspended or revoked if it is found that they violate the athlete agent law.

I first covered this legislative attempt to change California’s athlete agent law back in May 2011 when the Select Committee on Sports and Entertainment in the California State Senate held a hearing titled, Protecting Student Athletes from Unscrupulous Athlete Agents at the Los Angeles Coliseum to discuss the state’s athlete agent law, and what, if any, changes should be made to the law.   Speakers included former NFL receiver J.J. Stokes, Ramogi Huma of the National College Players Association, former NFL agent Josh Luchs, Los Angeles City Attorney Carmen Trutanich, USC vice president for athletic compliance David Roberts, and Marc Isenberg, author of Money Players.

Following California’s governor signing Kevin de León’s sports agent reform bill, Josh Luchs (@Joshluchs) Tweeted, “Never saw final language. I was 4 plyr protection, but entire system still needs change.”  Marc Isenberg (@marcisenberg) Tweeted, “1)our govt should hv more impt things to focus on. 2)absurd to elevate NCAA rules into law 3) no enforcement. 4)touted as protecting athletes, but mostly abt protecting schools. 5)no crim penalties 4 coaches/boosters who engage in similar activities.”  I have spoken on the same panels as these gentlemen at institutions of higher education, and I am far from surprised that our views align on this particular issue.  Is anyone actually listening to what we are saying?

California’s Athlete Agent Act To Be Reformed In 2012 from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Football

• Quinton Coples the next UNC player under investigation [2011 draft may have created another problem for UNC].
• Doubt Joe Linta is successful with his request [Agent Wants His Players to See Latest Offer].

Baseball

• Good read about two groups not discussed much with regards to the lockout [Assistants and agents caught in the crossfire].
• Roughly 230 players project to be eligible [Arbitration Eligible Players For 2012].

Basketball

• Being prepared by Don MacLean, who trains Priority Sports clients [Feeling the draft: Leuer preps for NBA dream].
• The NBPA wants an injunction against what it says is the NBA’s unlawful bargaining practices and its unlawful lockout threat [Players' association files unfair labor charge against NBA].
• My man Marc Isenberg put this together with Rick Rhoads [Master the Basketball Recruiting Process With Compete].

Sports Law

• At least one person likes Texas’ new agent law [Lauding Texas’ Sports Agent Law, a Great First Step].

Shabbat Shalom: Friday Wrap-Up (5/27/2010) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Earlier today, Isenberg provided a guest contribution titled, DIYRS: Do It Yourself Rookie Symposium.  Within that post, Isenberg offers a booklet, free of charge, to any NFL draftee, undrafted free agent, and current NFL player.  That booklet is called Go Pro Like a Pro, and is a much shorter read than Money Players.  In fact, it is a small booklet that has been created for athletes, their parents, and others who have the privilege to influence, advise, and work on athletes’ behalf.  The goal is that those who read it will empower themselves and others to maximize their earnings and sustain their wealth.

I have to give props to Isenberg for printing one of my favorite quotes before his initial message to the reader.  ”I am not a businessman/I am a business, man” – Jay-Z.

Beyond the great quotes, Go Pro Like a Pro might be an even better for athletes than Money Players, not only because of it being a shorter read and less time consuming for someone who already has very little free time to spend, but also because it really fleshes out somewhat complex topics into easy-to-understand blurbs.  It can be carried around as a reference by amateur and professional athletes – and it should be.

One of the main points of the brochure is to explain the laws and NCAA rules regulating their relationships with others and the consequences of not knowing or adhering to those laws/rules.  Isenberg and Nece also make sure to speak of the wide array of benefits a competent and ethical agent may provide, especially since athletes are often dealing with general managers, coaches, and other team executives who have a tremendous edge in experience over the athletes they negotiate with and draft.  But they really stress that it is in athletes’ best interests to stay away from agents who are trying to “buy” their clients.

Chapter 4 is titled, “Stay in school or go pro” – something I have written extensively about in the past.  It is probably the toughest decision a talented amateur athlete has to make in the early part of his life.  As Marc correctly points out, the money offered should be considered only after the athlete decides whether he is mentally and physically ready for the rigors of a professional obligation.  And something I tell guys I am advising is that college coaches are great to go to for advice on the field/court, but when it comes to a decision to leave early, their advice will undoubtedly be biased.

Then there is Chapter 6 – “Select the right agent & management team.”  It’s all about an athlete associating himself with good people and distancing himself from those who might cause harm.  Isenberg attempts to assist the reader in this process.  Here are some things Isenberg points out as services that a good agent/lawyer should provide:

• Negotiating contracts
• Help with preparation for the draft
• Protection from making rookie mistakes
• Education regarding collective bargaining issues
• Information and feedback
• Help maximize financial opportunities, including endorsements
• References to other professionals, including business managers and financial advisors

Overall, I am quite impressed with the brevity and conciseness of the booklet.  It will be a good thing if this gets into the hands of amateur and professional athletes.

Book Review: Go Pro Like A Pro from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

“The direction in which education starts a man will determine his future life.” – Plato

The NFL rookie symposium, which was scheduled for June 26th, is an unfortunate casualty of the lockout.

Perhaps holding it is untenable, as CAA football agent Ben Dogra told the AP, “The truth is, how can you cancel an event that isn’t supposed to happen anyway since there is a lockout? The NFL is closed for business. Thus, to hold a rookie symposium wouldn’t make any logical sense.”

On other hand, ESPN’s Michael Smith pointed out NFL officials “guilt-tripped those rookies into showing up for the Draft during a work stoppage so they could show up and help the TV ratings and help the league’s event go on. And yet you won’t put on a symposium to help them stay in the league and not mess up the money they eventually get or make the wrong life decisions.”

The NFL’s Rookie Symposium and the NBA’s Rookie Transition Program are great programs to help young players handle their newfound income and the media, fans, agents and potentially disruptive influences. It’s disappointing that both sides couldn’t come together when it comes to helping players make better financial and personal decisions, but that’s life.

So, does not having the Rookie Symposium increase the probability of future financial problems, divorce and other legal problems? Doubtful. Unfortunately, as a director of player programs once told me, the excitement of the first few days of a pro sports career “is not a teachable moment” for many players. Top athletes need to start learning the fundamentals of being a professional while they are still in college, if not earlier.

This year’s rookie class has rough summer ahead: Lots of free time, little to no savings and possibly some significant debt (hey, that loan the NCAA helped secure on your behalf so you could stay in school another year, yeah, that’s got to be paid back starting in the fall.) But entering the job market in these dark days may help some guys see the light. As Mark Twain said, “A man who carries a cat by the tail learns something he can learn in no other way.”

It is too bad the NFL rookie symposium is not happening. But if you’re a rookie, deal with it. Seriously. If you want to succeed in this business, take the necessary steps to get you where you want to go. Step one: Read my publications. Here’s the deal: I will send a free copy of Go Pro Like a Pro to any NFL draftee, undrafted free agent and current NFL player. Same goes for basketball. Just email me at marc.isenberg@gmail.com.

(One caveat: Free copies are for players only. I’ve already received a few emails from agents who asked me to send free copies for their rookie clients. I applaud agents who want their guys to read Go Pro but they can purchase copies at a nominal rate. The free offer is for athletes who take 76 seconds to send an email saying they want to read Go Pro. Just like life, a little initiative goes a long way.)

DIYRS: Do It Yourself Rookie Symposium from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The hearing was a part of California State Senator Kevin de León’s effort to get a new bill passed (it has already passed through the Senate), which he hopes will improve the enforcement of the athlete agent laws created initially by the Miller-Ayala Athlete Agents Act.  Specifically, the new law will force agents who violate its provisions to relinquish any money received or owed if connected to the violation.  Like many athlete agent laws created across the United States, California’s law has never actually been used to charge an agent since its creation in 1996.  A new law may have stricter penalties, but without proper enforcement, who really cares?

Gary Klein of the Los Angeles Times recorded some good quotes from former agent Josh Luchs.

Luchs, who in a Sports Illustrated cover story detailed how he paid players early in his career, compared NCAA rules to Prohibition — “As long as you have 1920s Prohibition, you’re going to have bootleggers,” he said — and told De Leon that financial advisors, marketing agents and their representatives, or “runners,” must also be held accountable.

“Everybody is a potential runner — and that includes coaches and family members and players on the team,” Luchs said.

But the best line of the event must have come from LA City Attorney Trutanich when he stated, “If you’re a sports agent, understand the cavalry has mounted.”  I am sure that many of you will believe it when you see it.  The more accurate statement was probably made by David Roberts – “Until there is a situation where an agent is the subject of a major civil award or criminal conviction, it’s not going to stop.”"

California Hearing Considers Effectiveness Of Athlete Agent Law from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

What: Business of Amateur Sports Symposium at Southwestern Law School

When: April 8, 2011 (9:15 a.m. – 7:00 p.m.)

Where: Southwestern Law School (map)

The Business of Amateur Sports is a one-day symposium featuring leading experts exploring some of the most timely and important questions facing collegiate sports today: regulation of agents and discipline of student athletes; the latest medical science on sports-related concussions, and how it may impact safety rules and legal liability; media deals and marketing in college sports, including the use of student-athlete names and likenesses; and the federal antitrust implications of college football’s Bowl Championship Series.

Schedule

9:15 - 10:00 a.m.: Check-in/Coffee

10:00 - 11:30 a.m.: Pre-Professional Athletes in an Amateur World: NCAA Rules, State Laws, Agents and Extra Benefits

• Bob Myers, NBA Agent, Wasserman Media Group
• Warren K. Zola, Assistant Dean for Graduate Programs, Boston College’s Carroll School of Management
• Marc Isenberg, Principal, INsight Sports Business and Author, Money Players: A Guide to Success in Sports, Business & Life for Current and Future Pro Athletes and Go Pro Like A Pro
• Moderator: Darren Heitner, CEO, Dynasty Athlete Representation and Associate, Koch Parafinczuk & Wolf

11:30 - 11:45 a.m.: Break

11:45 a.m. - 12:45 p.m.: Concussions, Law and Amateur Sports: Implications of Emerging Medical Science for the Regulation of Student Athlete Safety

• Dr. Jason P. Mihalik, Assistant Professor, Department of Exercise and Sport Science, University of North Carolina at Chapel Hill
• Daniel E. Lazaroff, Director, Loyola Law Sports Institute, Professor of Law and Leonard Cohen Chair in Law and Economics, Loyola Law School
• Moderator: David Fagundes, Associate Professor of Law, Southwestern Law School

1:00 - 2:30 p.m.: Lunch and Special Guest Conversation

• Jim Harrick, Former NCAA Basketball Head Coach and Broadcaster, in conversation with Jeff Fellenzer, Adjunct Professor, USC’s Annenberg School for Communication & Journalism

2:45 - 4:15 p.m.: Big Brands and Bigger Budgets: Marketing, Merchandising and Media Rights in College Sports

• Alonzo (“Al”) Wickers, IV, Partner, Davis Wright Tremaine
• Stuart M. Paynter, The Paynter Law Firm
• Jeremy Langer, Vice President Collegiate Sports and Rights Acquisitions, Fox Sports
• Moderator: Debbie Spander, Vice President, Business Affairs, MTV Entertainment and Director, Sports Lawyers Association

4:15 - 4:30 p.m.: Break

4:30 - 5:30 p.m.: The BCS and Competition: An Antitrust Analysis of College Football’s Bowl Championship Series

• Gary R. Roberts, Dean and Gerald L. Bepko Professor of Law, Indiana University School of Law – Indianapolis
• Alan G. Fishel, Partner, Arent Fox
• William (“Tripp”) L. Monts, III, Partner, Hogan Lovells
• Moderator: Vered Yakovee, Law Offices of Vered N. Yakovee and Adjunct Associate Professor of Law, Southwestern Law School

5:30 - 7:00 p.m.: Cocktail Reception

Cost: $85 (General admission), $25 (Students). Register here. 6 CLE credits offered.

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

College sports has a handful of core problems: “One and done,” academics, commercialism, gambling and agents. When someone does something wrong or a scandal breaks, we put the klieg lights on the people and the problems. The NCAA has made agents the issue de jour. Rachel Newman Baker, NCAA’s head of agent, gambling and amateurism activities, told ESPN.com: “People are just kind of tired of it. They’re fed up, and our membership feels very strongly about agents and wants us to aggressively pursue agent issues.” Alabama football coach Nick Saban also fanned the flames when he equated unscrupulous agents to pimps.

Some believe agents and their runners are the bane of college athletics. The case many coaches and athletic administrators make against agents is impressive:

• They pay players, their families, and anyone else who might influence players to sign with them.
• They have no regard for NCAA rules.
• They don’t care about players’ welfare, especially their education.
• They influence high-school players in their recruitment.
• They operate outside the law.
• They all cheat, even the so-called super agents.
• They give bad advice when it comes to leaving school.
• They have no integrity.

(Of course, many of the same things could be said about some college coaches.)

Not surprisingly, NCAA and its members have stepped up its efforts to combat the “agent problem.” On the flipside, we should not lose sight of the fact that agents play a vital function in protecting the interests of their clients. Of course, the focus is on the bad apples, which spoil the whole batch – and give credence to those who want to demonize agents.

The mounting frustration is understandable, but the finger pointing ends up clouding the real issues. Like a lot of things in college athletics, the real world is far different than the lofty ideals and the news releases.

Athletic departments are adopting protocol about agents contacting their athletes that is far more restrictive than NCAA rules.

Here is a snippet from an athletic department regarding its agent policy:

“Athletes … will be instructed not to give out phone numbers or addresses. All mail should be directed to the athlete in care of the interview coordinator. Athlete agents shall make no phone calls to athlete until completion of final game of senior year.”

Another school goes a step further:

“All correspondence from athlete agents should be sent in duplicate. The original will be given to the student-athlete, and the other will be kept in the Compliance Office in the athlete agent’s file. (School) will not provide the addresses or telephone numbers of student-athletes. Furthermore, we request all agents and advisors to refrain from telephone contacts and face-to-face encounters with student-athletes, or their parents and relatives until the student-athlete has exhausted his or her NCAA eligibility.”

The fact is, schools cannot effectively police unethical agents. Such restrictions can have the unintended effect of driving unsavory agent activities further underground.

So, what is the solution? Solving the agent problem is similar to the pursuit of peace in the Middle East (without the actual bloodshed, of course). Factions are so entrenched that reasonable compromise becomes impossible.

There is a current proposal to ease up agent restrictions. No one is suggesting agents should be allowed to pay college athletes, but they should be allowed to provide them competent counsel.

Big 12 commissioner Dan Beebe agrees: “Let agents have contracts with players and the schools. Those clauses would have a liquidated damages clause, where it would cost the agent $1 million or $2 million if they did anything that made the player ineligible … The ethical guys will come out of it in better shape by putting sunshine on this. You’ll promote the agents who want to do it the right way.” There’s definite merit to Beebe’s proposal.

On the other hand, two college basketball coaches I greatly respect point out the potential downside of embracing agents. Syracuse coach Jim Boeheim calls it “about as bad an idea that I can think of off the top of my head. It’s putting the wolves in the sheep’s den.” Duke coach Mike Krzyzewski believes that if the NCAA goes down this path, agents will get involved “even earlier. If you open that door even a little …”

Others think the NCAA and athletic departments need to batten down the hatches. Until the NCAA membership institutes new rules, the NCAA will continue its aggressive approach, monitoring the activities of high-profile players like never before. We definitely don’t need additional NCAA agent rules, especially with the problems the NCAA has enforcing existing rules.

My suggestions:

1. Allow athletes to get the counsel they need. Elite college athletes should absolutely be allowed to consult with informed experts about their prospects. These experts are called agents. Good agents are well-positioned to properly advise amateur athletes about the market realities.
2. Improve the message to athletes. I totally support NCAA rules prohibiting athletes from accepting benefits from agents. When I speak with college athletes, I say, hypothetically, if tomorrow the NCAA said agents could pay players, I would absolutely argue that agents are the last people on earth athletes should be taking money from. Even if the NCAA never finds out that an athlete violated a rule, accepting “gifts” makes them beholden to an unethical and quite possibly incompetent agent. These arrangements always come with strings attached, which can be far more costly in the long run.
3. Improve education. College athletics needs to do a better job preparing athletes for the business of pro sports. Agent education should involve more than scaring them about the dangers of associating with unscrupulous characters. It should be about helping athletes (and their families, too) understand the roles agents and others play in helping athletes. Until we all do a better job helping athletes understand the connection between whatever rules exist and why it is in their best interest to follow the rules, we’re never going to get in front of the problem. I devoted an entire book to the topic of preparing athletes to succeed in the business. Along with my business partner, Ryan Nece, who played seven seasons in the NFL, we work with athletic departments to prepare student-athletes and their families for success in sports, business and life.

Sports Agents = The Issue de Jour from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: Monday, May 24, 2010 @ 3:30pm

Where: USC Annenberg School for Communication & Journalism (map)

Description: Join USC Annenberg “Sports, Business, Media” professor and sports entrepreneur Jeff Fellenzer in an hourlong discussion and open forum with INsight founders Marc Isenberg and Ryan Nece about the business of professional sports. INsight’s mission is to provide education and mentorship to elite college athletes in order to maximize their success in sports, school, business and life. Marc and Ryan help athletes prepare for the business side of professional sports, including agent selection, spending/saving, investing. Isenberg and Nece will also talk about their soon-to-be-released booklet, “Go Pro Like a Pro.”

Cost: Free

For more information or to RSVP, e-mail marc.isenberg@gmail.com or call: 310.567.6233.

Best parking is at Gate 6, off Vermont Avenue at 36th Place. Then just tell the attendant at the kiosk to give you a campus map. The Annenberg School is just a few steps from Heritage Hall.

Discussion: College Athlete Preparing For The Business Of Pro Sports from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules