At the time Calcaterra wrote his piece, Jayson Werth and Adrian Beltre were still free agents.  As Dan Furey pointed out yesterday, Werth is off of the market, after signing a contract that almost made Furey fall off his chair.  But Calcaterra did bring up an interesting general argument when it comes to Boras clients.

What happens if, in the course of a negotiation over Client A, someone on the Sox alludes to the fact that they’d prefer to spend money on Client B, or someone very much like him? I’m curious about how Boras handles that. I’m curious as to his explanation about how hitting the Sox as hard as he can in the course of a negotiation for one of his players doesn’t necessarily harm the interests of another who is obviously sought by the same team. One possible answer is that subordinates handle negotiations and are “walled off” from the man himself to keep things kosher, but I don’t think either Adrian Beltre or Jayson Werth hired Boras to be represented by a suboirdiante.

I also do not buy an argument stating that Boras does not handle his marquee clients’ negotiations himself.  This topic reminds me of a post that I published on May 8, 2009, which partly discussed David Dunn of Athletes First’s representation of Mark Sanchez and Kellen Clemens, who at the time was fighting with Sanchez for the starting quarterback role.  In the post, I quoted Mike Florio of ProFootballTalk.com, who wrote:

Every agent should want his client to be a starter — and should be doing everything he can to make the case for the player to start.

Clemens needs an agent who’ll be doing just that.  And Sanchez needs an agent who’ll do the same, especially since his contract will have a big-money one-time bonus triggered by participating in 35 percent of the snaps this year, of which Dunn will get a fee.

Dunn, however, has no choice but to keep his head low and his mouth shut.  So, neither guy will be getting the best possible representation.

It’s a conflict of interest.  And one of the two players should hire a new agent.

Should it also be said regarding Boras’ representation of free agent players at the same position?  While it may not be an issue of who is starting, it could come down to who is signed by what team and for how much money.

Does Scott Boras Ever Feel Conflicted? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Some commentators have said that Sainz was dressed too provocatively. Dressing provocatively is regularly seen in sports and generally accepted. The cheerleaders and dancers are often on the sidelines in little more than a bikini throughout most NFL, NBA and college games. If cheerleader uniforms are accepted, shouldn’t curve hugging jeans and a tiny shirt be accepted? Reporters are part of the entertainment industry and should be able to dress as deemed appropriate by their station.

I have been around professional sports for a few years and I have become accustomed to the banter and comments made by male athletes. I quickly learned to laugh these situations off, as they were usually joking, or just ignore the comments altogether.

Women have every right to be permitted to wear what they want, but should learn how to deal with the situations. At this point, nothing offends me; I’ve heard it all and seen it all. Should athletes have to censor their comments in the presence of females in their locker room? In my opinion, they should not. The reporters are entering their space, and should know what to expect and how to handle uncomfortable encounters. Hell, it should be written in the job description.

Women in the Locker Room from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

That same uncle seems to have authority of advisor in Andre Johnson‘s most recent contract negotiations.  The problem is that uncle Johnson is not certified by the NFLPA and thus does not have authority to directly negotiate with any NFL organization.  If the rules are adhered to, that means that Andre Johnson must do all the talking himself.  That’s a tough thing to do when you have five years remaining on your current contract and you are (at least should be) spending most of your time every day building strength, practicing, and watching film, along with doing good for your community through philanthropic events/causes.  Not to mention, I think Johnson also wants to use some of his free time to enjoy the money he is working so hard to earn.

If you are a four time Pro Bowler who has led the NFL in receiving yards for the past two seasons, do you really want to skip on the 3% (maximum) agent fee?  Johnson is about to enter year four of an eight-year deal that was an extension of his rookie contract.  I don’t care how good Johnson is, he could use the help of an experienced negotiator in trying to work out a new deal under his current constraints.

This post is not about whether or not Johnson deserves more money than what he is due to earn on his current contract.  It is about aligning yourself with the proper advisors when entering such important discussions.  You would think that Johnson learned the first time around.

Do not confuse Johnson’s situation with that of Mark Sanchez, who hired his brother, a business litigator with a firm who was certified by the NFLPA and also involved Athletes First in negotiations.  I was even a little skeptical of that decision at first, but it in no way compares to Johnson’s decision to have his non-licensed uncle serve as his advisor.

Andre Johnson Relying On Uncle For Advice from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The end of the 2009 NFL season will allow a number of solid football players to hit the open market. Usually, in the last year of players’ contracts, that player will play hard and put forth a great deal of effort in order to receive a substantial contract the following year. This year, however, some of the big names in the league are not showing teams that they are worth big pay days.

PFTV reported on Braylon Edwards‘ sloppy season and how his year has fallen apart five weeks in. Other players such as Shawne Merriman, Demarcus Ware, and Terrell Owens are having pretty sub-par seasons so far.

After the Brady Quinn failure in Cleveland, Braylon Edwards hoped that Derek Anderson would hit him with some passes……fail. Then, as if his 0 catch game against the Bengals was bad enough, he allegedly punched LeBron James’ friend after the game at around 2:30 AM (this case is still being looked at). Let’s see if he can earn a big pay check using Mark Sanchez’s arm.

Merriman’s troubles started with his injury last year; after returning and looking forward to a promising season, he was arrested on domestic violence charges (this case was tossed). In my eyes, Merriman is still a solid football player – he is only 25 and has a lot of years ahead of him if he can rehab properly. However, his 8 total tackles in 4 weeks has failed to prove me right.

You can blame Terrell Owens’ mediocre season on Trent Edwards (otherwise known as Captain Checkdown), or you can blame it on Buffalo’s solid running game this season, or you can blame it on whatever you’d like. With 8 receptions for 158 yards and 1 touchdown, T.O. has not impressed me this season and to be honest, I have no clue where he could end up next season.

Demarcus Ware has only 16 tackles and 1 forced fumble so far this season. Not horrible, but not good for someone looking to score big in the “cha-ching” department. Manny Lawson of the 49ers has 23 tackles so far and Patrick Willis has 37 tackles, 2.5 sacks and 2 interceptions (Willis is a MLB, though).

It’s all about performing in the NFL. If these guys don’t clean up their acts and get their heads in the game, they will be left with less cash than guys like Derrick Mason, Ronnie Brown, Pierre Thomas and Darren Sharper, who are all playing exceptionally well.

Don’t Underachieve? You Better Believe from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The New York Jets and rookie quarterback Mark Sanchez (#2 QB to be drafted in ’09) agreed to terms on a 5-year $50.5 million contract. Here are some previous “2nd drafted QBs” dating back to 2005 and their respective contracts:

• 2008 – Joe Flacco (5-year, $11.9 million)
• 2007 – Brady Quinn (5-year, $9.25 million)
• 2006 – Matt Leinart (6-year, $50.8 million)
• 2005 – Aaron Rodgers (6-year, $65 million)

This contract will make Sanchez the highest-paid New York Jet in organization history.

Sanchez: Highest Paid Jet Ever from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

1.      QB Drew Brees ~ New Orleans Saints = Brees is entering his 9^th season and at age 30 is now in his prime. Brees lit up opposing defenses last season for 34 touchdown passes, 5,069 yards (2^nd all-time), and had a 96.2 quarterback ranking. He was the top performer in fantasy last year and carries the same value headed into this season. If TE Jeremy Shockey can stay healthy this year, Brees touchdown numbers could possibly improve.

2.      QB Tom Brady ~ New England Patriots = Brady is coming off a serious knee injury, so some people may hesitate to pick him too high. I’m not one of those people because Brady has proven to be the consummate pro, he has an incredible work ethic and if anyone can come back 100% healthy one season after a serious knee injury it’s him. Prior to this last season Brady broke QB Peyton Manning’s NFL record of 49 touchdown passes in a single season with 50 to only 8 interceptions. You shouldn’t expect astonishing numbers like this for the upcoming year, but with the depth at every offensive position that the Patriots have, Brady will have the time and weapons to pick apart defenses once again.

3.      QB Peyton Manning ~ Indianapolis Colts = Manning is probably the safest pick out of the top three because of his unmatched consistency. Over his 11 year NFL career Manning has thrown for over 4,000 yards 9 times (NFL record) and has thrown for over 25 touchdowns every year of his entire career. WR Marvin Harrison is now gone, so WR Anthony Gonzalez, Roy Hall, or Austin Collie will need to step up. The Colts will be running essentially the same offense even with the loss of their head coach and offensive coordinator. Expect more of the same from one of the best to ever play, another 4,000+ yards & 25+ touchdowns.

4.      QB Philip Rivers ~ San Diego Chargers = Rivers is one of the toughest, most durable quarterbacks in the game which is a big plus for fantasy owners. Coming off a career year in which he passed for over 4,000 yards and 34 touchdowns with only 11 interceptions and a 105.5 QB rating. With RB LaDainian Tomlinson coming back healthy, less pressure will be on Rivers so his touchdown numbers could fall slightly. His excellent TD/INT ratio will continue, especially with the amount of weapons around him.

5.      QB Matt Ryan ~ Atlanta Falcons = Ryan was last year’s offensive rookie of the year and lead his team to the playoffs. He posted decent numbers, 16 touchdowns, 11 interceptions, 3,440 yards and an 87.7 rating. All these numbers should improve significantly with the continued improvement from WR Roddy White who appears to be a superstar in the making. It doesn’t hurt that the team traded for one of the greatest tight ends in NFL history this off-season either (Tony Gonzalez).

6.      QB Kurt Warner ~ Arizona Cardinals = Arizona has the best receiving combo in the NFL with WR’s Anquan Boldin & Larry Fitzgerald. Assuming the team works out an extension with the disgruntled Boldin, Warner could throw for some incredible numbers once again. The selection of RB Chris Wells in the first round tells me the team wants to be more of a balanced attack and with Warner being 38 by the time next year starts, an injury could happen sooner rather than later. There is no doubting that Warner was a top 2 fantasy quarterback last year with his 4,583 yards, 30 touchdowns, 14 interceptions, and 96.9 rating.

7.      QB Donovan McNabb ~ Philadelphia Eagles = McNabb has more weapons around him now than in his entire career. His offensive line is much improved as well. Donovan posted a career high in yards last season (3,916) to go along with 23 touchdowns, 11 interceptions, and an 86.4 rating. With RB LeSean McCoy joining the backfield, McNabb won’t throw quite as much last season so his yards could take a hit. What I do expect to improve to the 28-30 range is his touchdowns. WR Jeremy Maclin adds even more speed to an already very explosive offense. The Eagles have one of the deepest receiving corps in the NFL, two very explosive tailbacks, and a massive offensive line. Don’t be surprised to see a career year out of the 11 year pro.

8.      QB Aaron Rodgers ~ Green Bay Packers = Rodgers has the weapons around him to post a similar year to last season’s statistical breakthrough. In his first full season as a starter, Rodgers threw for 4,038 yards, 28 touchdowns, 13 interceptions, with a 93.8 rating. A significant reason for this was how disappointing RB Ryan Grant was last year. This is a new season, and the team will look to gear their offense to a more balanced attack. Rodgers still has one of the top duo’s at WR in the NFL with WR’s Donald Driver & Greg Jennings and a very good #3 WR James Jones & #4 Jordy Nelson. Look for 3,500+ yards and around 25-28 touchdowns from the 4 year pro.

9.      QB Tony Romo ~ Dallas Cowboys = Dallas lost WR Terrell Owens, so WR Roy Williams will finally get his chance to be the #1 on a good team. I don’t doubt Williams ability to step up nearly as much as I do with the other receivers on the roster. These names include WR’s Patrick Crayton, Travis Wilson, Manuel Johnson, Miles Austin, and Sam Hurd. TE Jason Witten gives Romo the best tight end target in the NFL, and with the best trio of running backs in the NFL (Marion Barber, Felix Jones, Tashard Choice) Romo will have solid weapons and a ground game to make life much easier in the best division in football.

10.  QB Ben Roethlisberger ~ Pittsburgh Steelers = Big Ben isn’t known to put up very big numbers; all he does is win football games. Entering next season, I fully expect all of his numbers to improve. In 2008, Ben threw for 3,301 yards, he had 19 total touchdowns and only an 80.1 rating. With his offensive line benefiting from much needed upgrades through the draft, more receiving weapons, and RB Rashard Mendenhall coming back from injury, the Steelers entire offense will be much better next year and so will Big Ben’s stats.

Sleepers

1.      QB Matt Hasselbeck ~ Seattle Seahawks = The year before last season when Hasselbeck suffered his season ending injury, he was stellar throwing for 3,966 yards, 28 touchdowns and only 12 interceptions. He did so without newly acquired WR T.J. Houshmandzadeh, rookie WR Deon Butler, and one of the best young tight ends in the league John Carlson. With new weapons around him expect Hasselbeck to have enough left in the tank to give you a productive season, somewhere in the neighborhood of 3,250+ yards and 20-25 touchdowns.

2.      QB Jay Cutler ~ Chicago Bears = Cutler had a career high last season in completions, attempts, yards, and touchdowns. He had arguably the best protection of any quarterback in the entire league, getting sacked only 11 times. In Chicago not only will the pass protection not be quite that good, he won’t have near the weapons he had in Denver. Still expect 3,500+ yards and 25+ touchdowns from Cutler.

3.      QB Trent Edwards ~ Buffalo Bills = Buffalo got rid of QB J.P. Losman for a reason, because they are giving Edwards full control of the offense this season. The Bills strengthened their offensive line through the draft with OL Eric Wood & Andy Levitre, drafted TE Shawn Nelson, and added WR Terrell Owens.  With these offensive pieces added with WR Lee Evans (who is one of the most underrated players in the NFL) as well as WR James Hardy who is a legit red zone threat at 6’6″, Edwards should post some solid numbers and is a good #2 QB for your fantasy team.

4.      QB Jason Campbell ~ Washington Redskins = Perhaps no quarterback in the NFL has a bigger chip on their shoulder than this guy. Owner Dan Snyder and the Redskins tried to replace him by trading for QB Jay Cutler and drafting QB Mark Sanchez. Campbell has tons of talent and hasn’t been able to have the same offensive coordinator for back to back seasons in his NFL career. These are factors working against him, but I still expect Jason to prove people wrong with a solid season where he throws for 3,000+ yards and 22-25 touchdowns.

2009 NFL Fantasy Player Rankings (QBs) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

It has been a while since Dunn’s 18 month suspension handed down by the NFLPA, and it surely does not seem to be affecting his business.  In the segment with Berger, Dunn started off discussing the process behind the rise of Mark Sanchez leading up to the draft.  He admitted that he does not have very much control over draft day and that its actually his clients who can influence their draft stock through workouts, visits with potential suitors, etc.  Interestingly, Dunn and Athletes First represent both Sanchez and his competitor for the starting job on the Jets, Kellen Clemens.  Dunn dodged a conflict of interest question posed by Berger pretty effectively.

Mike Florio of ProFootballTalk.com also brought up the conflict of interest yesterday.

Every agent should want his client to be a starter — and should be doing everything he can to make the case for the player to start.

Clemens needs an agent who’ll be doing just that.  And Sanchez needs an agent who’ll do the same, especially since his contract will have a big-money one-time bonus triggered by participating in 35 percent of the snaps this year, of which Dunn will get a fee.

Dunn, however, has no choice but to keep his head low and his mouth shut.  So, neither guy will be getting the best possible representation.

It’s a conflict of interest.  And one of the two players should hire a new agent.

Though, on the surface, Dunn and his colleagues at Athletes First might not appreciate our decision to raise this point, Dunn likely would be relieved if Clemens decided to hire another guy, so that Dunn could then begin doing everything he can to ensure that Sanchez will be the Week One starter.

As far as marketing Sanchez, Dunn stated that his approach to marketing is more conservative than most for incoming rookies.  His philosophy is to let the players’ performance on the field help them on the marketing end.  So don’t expect Sanchez to have any huge national media campaigns anytime soon, but do expect Sanchez to take at least a few jobs in the NY region.

Besides talking about Sanchez, Dunn discussed the collective bargaining talks and how he is not as opposed to a rookie cap as many in our profession are.  He represents a lot of veterans and does not mind more money going to them instead of unproven rookies.

Berger’s last question was: What is it really like to be an agent?  Dunn responded by saying that he has taken a few red-eyes and coach lately, had his kid throw his phone in the toilet, and talked to owners of teams while changing his kid’s diaper, but he loves his job.

David Dunn Of Athletes First Speaks To SBR from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules