Michael Beasley of the Minnesota Timberwolves is certainly thankful that the NBA season will soon commence.  He also has to be happy that he was granted summary judgment in the lawsuit filed against him by his former agent Joel Bell of Bell Sports, Inc.  As reported by the Washington Post, the judge granted Beasley summary judgment after finding that Beasley’s marketing deal with Bell was void based on the fact that Bell was not a licensed sports agent in Maryland.  Bell has stated that he plans to file an appeal.

Section 4-403 of the Maryland Uniform Athlete Agents Act is titled, “Acting as athlete agent without license.”  4-403(a) reads, “an individual may not act as an athlete agent in the State without holding a license under § 4-405 of this subtitle. ”  Does this mean that agents who sign agreements with any athletes, amateurs or professionals, must hold a license?  4-403(b) makes it seem as if it is a law regarding the signing of student-athletes.  This is an issue that will come up in appeal.

When Beasley left Bell Sports, Inc., the company filed the lawsuit against Beasley based on his non-payment of commissions stemming from a marketing deal with Adidas that Bell Sports believed it was owed.  Bell Sports claimed that it was owed its 20% commission, because the company supposedly negotiated most of the deal with Adidas prior to Beasley’s split.  A marketing agreement dated March 26, 2008 between Bell Sports and Beasley stipulates that Beasley agrees to pay Bell Sports 20% “pursuant to any agreement, arrangement, or association…on which negotiations substantially commenced during the term of this Agreement…”

Bell was a licensed agent in Kansas when he recruited and signed Beasley out of Kansas State.  Now the issue is whether he needed to be licensed when he served as Beasley’s marketing agent.  The marketing agreement that Beasley signed with Bell stipulates that the agreement is governed by and construed in accordance with the laws of the state of Maryland.

Joel Bell Does Not Agree With Interpretation Of Maryland Uniform Athlete Agents Act from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Michael Beasley of the Minnesota Timberwolves is currently a client of Jeff Schwartz at Excel Sports Management, but that was not always the case.  Prior to hiring Schwartz, Beasley had been represented for team contract negotiations and off-court marketing deals by Joel Bell of Bell Sports, Inc.

When Beasley left Bell Sports, Inc., the company filed a lawsuit against the NBA player based on his non-payment of commissions stemming from a marketing deal with Adidas that Bell Sports believed it was owed.  Bell Sports claimed that it was owed its 20% commission, because the company supposedly negotiated most of the deal with Adidas prior to Beasley’s split.  A marketing agreement dated March 26, 2008 between Bell Sports and Beasley stipulates that Beasley agrees to pay Bell Sports 20% “pursuant to any agreement, arrangement, or association…on which negotiations substantially commenced during the term of this Agreement…”  However, the marketing agreement attached to Bell Sports’ Complaint is not signed or dated by Beasley.  Further, it is poorly drafted in general (Bell Sports could certainly use my services to draft a better marketing agreement for future use…but I digress).

Beasley lawyered up and responded to Bell Sports’ Complaint with his own Counterclaim.  In Paragraph 24 of his Counterclaim, Beasley states, “On information and belief, in addition to funneling money to Beasley’s mother, [Bell Sports, Inc.] paid money to Malone “on the side” or “under the table,” in exchange for Malone, at least attempting to manipulate, NBA prospects like Beasley, but typically far less-talented than Beasley, into signing an agency agreement with [Bell Sports, Inc.].”  Malone is Herman C. Malone a/k/a Curtis Malone, co-founder and operator of the Amateur Athletic Union (AAU) DC Assault.  The team is based in the Washington D.C. area.

Count Five (of Eight) of Beasley’s Counterclaim is for Civil Conspiracy.  Beasley claims that Bell Sports violated NCAA rules, the Uniform Athlete Agents Act (UAAA), and the Sports Agent Responsibility and Trust Act of 2004 (SPARTA) based on the financial benefits it provided to Beasley while he retained student-athlete eligibility.  Beasley also named Malone as a third-party Defendant, and filed a separate Six Count Complaint against the co-founder of the AAU team.  Claims include that Malone funneled money to Beasley’s mother from Bell Sports and also violated NCAA, NBPA, UAAA, and SPARTA rules.  Paragraph 51 of the Complaint against Malone reads, “In summary, Third-Party Defendant, in concert with [Bell Sports, Inc.] corrupted every mechanism of honest guidance Beasley had in his life to assist him to pursue the best NBA agent available, which seriously deprived Beasley, both economically and otherwise.”

Michael Beasley v. Joel Bell, Inc. Exposes Dark Side Of Youth Basketball Recruiting from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Team Name: Miami Heat
This Year’s Predicted Record: 64-18
Last Year’s Record: 47-35
Key Losses: Quentin Richardson, Jermaine O’Neal, Michael Beasley, Dorell Wright, Daequan Cook
Key Additions: LeBron James, Chris Bosh, Zydrunas Ilgauskas, Juwan Howard, Mike Miller, Eddie House

1. What significant moves were made during the off-season?

The real question is, what significant moves were NOT made during this past year’s off-season? This summer was hyped up for the past three years, with several teams completely clearing all players from their roster in an attempt to land one of the big three available (Chris Bosh, LeBron James, and Dwyane Wade). The Heat cleared their roster of every player except one, Mario Chalmers, and succeeded in landing not just one of the big three, but all three. In addition to bringing in LeBron James and Chris Bosh and retaining Dwyane Wade, the Heat were able to bring back Udonis Haslem, Joel Anthony, James Jones, Carlos Arroyo, and Jamal Magloire. Much to every other team’s chagrin, the mastermind behind the whole operation, Pat Riley, was able to find a way to fill the rest of the roster and turn the Heat’s bench into one of the best benches in the NBA. The remaining roster includes Mike Miller, Eddie House, Juwan Howard, Zydrunas Ilgauskas, and draft picks Da’Sean Butler and Dexter Pittman. Pat Riley and the Miami Heat have succeeded in putting together one of the most feared teams ever assembled in the NBA.

2. What are the team’s biggest strengths?

With this team, the answer is always going to be the Big Three, especially on the offensive side. In the past 6 years, each of the Big Three have demanded double teams when handling the ball. The strength isn’t necessarily just the ability for these three to score, but the ability for them to open the floor for spot up shooters in the corners, which is something the Heat, for the first time since Jason Kapono, is not lacking with Mike Miller, James Jones, and Eddie House on the outside. LeBron James and Dwyane Wade are going to demand double teams on the perimeter, and many times Chris Bosh is going to demand a double team down low. With Wade and James’ ability to penetrate and dish, the corners are going to be wide open. A man-to-man defense with back-side help is not going to work against this team. This year’s Miami Heat may cause the zone defense to make a major comeback in the NBA, as it may be the only way to put multiple defenders on the Big Three while not taking defenders out of position.

3. What are the team’s biggest weaknesses?

The Heat’s biggest weaknesses are point guard and center play, but this weakness has been blown out of proportion in recent weeks. Most likely Mario Chalmers will starting at point guard, and while he is not a pure point guard, he is a serviceable guard who can spot up from the outside. His main job is going to be to bring the ball past half court, hand it off to Wade or James, and spot up from the outside, something he can do very well. Also, even though he is a starter, he is going to play role player minutes, as this team is not really in need of a primary ball-handler other than Wade and James. Chalmers is going to share a significant amount of minutes with Mike Miller and Eddie House. The same goes for Joel Anthony as the starting center. He is most likely going to be playing role player minutes as well, with Big Z being the first center off the bench, and Chris Bosh playing significant minutes at center with the warrior, Udonis Haslem, at the power forward position. The one thing that Joel Anthony does provide is great backside help. The Heat do lack overbearing skill at both of these positions, but this weakness is not going to cause the team to lose games. Most likely the Heat’s end of game line-up and the lineup that will play significant minutes throughout the game will be Dwyane Wade, Mike Miller, LeBron James, Udonis Haslem, and Chris Bosh, which, as can be seen, does not include a pure point guard or center.

4. What are the goals for this team?

There is only one goal with a team like the Miami Heat…championship or bust! This team is already being labeled as one of the greatest to ever be put together, and it was put together to win championships. Plain and simple…the Heat need to win multiple championships with this team, or they will face a different kind of heat from all angles.

5. Will Eric Spoelstra make it through the entire season?

This is one question that has been on everybody’s mind since the Big Three came together. We all remember 2006, the last time the Heat won the NBA Championship…Stan Van Gundy started the year as the Heat’s head coach, and about a quarter of the way through the season, he “voluntarily” resigned as head coach. With this season approaching, there are speculations as to whether Spoelstra will make it through the entire season. Riley has been quoted saying he will do anything to make sure that this team wins, but does that mean he is returning to the bench? Most likely Spo will finish this season as the head coach of the Miami Heat, but if he does not deliver a championship, do not discount the idea of him returning back to Assistant Coach status, with possibly Doc Rivers at the helm.

The 2010/11 Miami Heat Preview – Championship Or Bust from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

As the doors close, ending another anti-climactic Miami Heat season , we are all left in wonder of what will become of the franchise in the next few months. After just finishing a series where the Celtics pummeled the Heat like a school yard bully, we feel chills that those games could be the last Dwyane Wade played in with a Heat uniform on. But before we discuss that large elephant in the room, we will give this year’s team their fifteen minutes.

The Heat finished 47-35 (one game better than SportsAgentBlog.com predicted) this season, playing exceptional ball after the All-Star break that landed them in the number five seed in the playoffs. There were some minor bright spots over the course of the season. For example, Dorrell Wright could almost be mistaken for a first round draft pick. We were reminded just how good Dwyane Wade is, who carried this team himself with an under-achieving Michael Beasley and some garbage formally known as Jermaine O’Neal, who gave Wade the least help they could in order to make it to the post-season. Overall, this season left us with a lot of holes to fill over the summer, including one that could possibly be in the Head Coach position.

So if Dwyane Wade is this good when it’s so bad, just imagine the possibilities! This summer has become the most talked about thing in the NBA since the 2003 draft. Let’s look at it in the only way we care…how can the Heat get better? Well here is the menu: Notable Free Agents Chris Bosh, Ray Allen, LeBron James, Josh Howard, Dirk Nowitzki, David Lee, Carlos Boozer, Joe Johnson, and Yao Ming.

Best-case scenario: The Heat have a chance to make the biggest moves the NBA has ever seen, but only if Pat Reilly gets a little aggressive. First, the critical move: we need to ship Daequan Cook and Michael Beasley somewhere far away – a team with enough room under the cap to simply just give them to. What does this do except leave us with zero players on our roster? It allows the Heat the room to sign not only Dwyane Wade back, but to add two other max contracts. Yes, that math was right; the possibility of having LeBron James and Chris Bosh in Heat uniforms next fall.  Epic.

Worst Case Scenario: In the darkest of days, Dwyane would leave, but the thoughts of what the worst could actually be makes a Heat fan feel like it’s a nightmare on Elm street.

Likely Scenario: Wade returns, the Heat sign Bosh, and Beasley gets his second chance and gets to play as a terrific third scorer. Miami will replace the Celtics as one of the top tier Eastern powers. The results will come soon enough.

The Dimming HEAT from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Okay, so now that I have your attention…

Team Name: Miami Heat
Last Year’s Record: 43-39
Key Losses: Jamario Moon, Mark Blount
Key Additions: Carlos Arroyo, Shavlik Randolph, John Lucas, Quentin Richardson

1. What significant moves were made during the offseason?

Unfortunately for the Heat, the biggest move was acquiring Quentin Richardson from the Minnesota for salary hound center, Mark Blount. This summer, the Heat missed out on acquiring swing-man forward, Lamar Odom from the defending champion Lakers, and the bruising Carlos Boozer from the Jazz. The good news for Richardson and the Heat is that he brings the long ball threat that Miami loves to utilize, and he is also a long time friend of Dwyane Wade, who the Heat hope to sign an extension with this year. The Heat’s addition of Carlos Arroyo to their roster adds a veteran guard to the backcourt.

2. What are the team’s biggest strengths?

The Miami Heat’s biggest strength is…Dwyane Wade, surprised?  After a strong comeback season where he finished top 3 in MVP votes, “Flash” is back and better than ever. If second year forward Michael Beasley can get past his offseason woes, Pat Riley’s dream of a great tag-team can come full circle. The development of Mario Chalmers allows the Heat to run a fast paced offense, and by this season’s end, Chalmers will most likely be a top tier guard in the league.

3. What are the team’s biggest weaknesses?

Since the departure of Shaq and the retiring of Alonzo Mourning, the Heat’s biggest hole is the center position. Year after year the Heat try to develop a young center, but the products have been Earl Barron and Joel Anthony…enough said. With the mid-season acquisition of Jermaine O’Neal, the soft spot of the defense was hopefully going to be filled, but it seems only temporary. Perhaps with a Magloire, Anthony, and O’Neal frontcourt, the Heat can contend with the size the East has to offer.

4. What are the goals for this team?

Every so often, a summer like the one upcoming brings such great free agents that a team wants all of them. The Heat are looking to sign the likes of Chris Bosh, Amare Stoudamire, and/or put a bid in for LeBron James. The main goal is to sign Dwyane Wade to a multi-year deal in order to keep him from testing the free agent waters. The Heat are looking to add another big name to play along side Wade to not only keep him happy, but to keep the people of Miami interested.

5. Don’t count out Daequan Cook.

The third year guard out of Ohio State has shown significant improvement after each summer, including winning the 3-point shooting contest last All-Star break.  The 6-5 guard gives the Heat different looks at the guard position, and Cook has proved to be a good defender, and will only get better with experience. Look for big things from him this year.

Predicted Record: 44- 38. Due to the lack of free agent signings, the Miami Heat will improve only slightly this season and will enter the playoffs at a 4-6 seed.

The Heat Is On: 2009-10 Miami Heat Preview from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

There is often the misconception that an agent simply negotiates contracts and that is it. It seems that Beasley had apparently felt similarly, being that he had fired his previous agent shortly following signing with the Heat. He then stated publicly that he would only hire a new agent when his rookie contract expired. Now, he will certainly see that an agent like Schwartz and an organization like Excel Sports Management will function as much more than just a contractual advisor.

With Beasley’s well publicized turmoil this off-season, a well rounded agency like Excel to assist in getting his career back on track from both an on and off the court perspective is essential. They will likely immediately launch an extensive public relations re-branding effort to repair Beasley’s image and attempt to open up some doors from a marketing and endorsements point of view.

The fact of the matter is that Beasley is an immensely talented player and has huge potential. We can only wish Beasley the best in this upcoming season as the rigors of an NBA season and intense scrutiny that follow a 20 year old, second overall draft pick are obviously intense. But now, with the help of an experienced agent and organization helping to guide this player’s career, he surely will be better positioned to realize that potential.

Michael Beasley Chooses Jeff Schwartz and Excel Sports Management from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Football

• From $20k per year to $2 mil per year…quite a jump…especially when Starter is the endorser [Cowboys QB Tony Romo signs apparel endorsement deal].
• Name that sticks out to me: Alex Smith [NFL - Highest Player Salary Cap Numbers For 2008 Season - Top 25].
• Gain an endorsement and get to call yourself Chief Mayhem Officer at the same time?  Win-win situation [T.O. Is Chief Mayhem Officer].

Basketball

• A new Carnival of the NBA has been released.  Our story on Joel Bell and Michael Beasley is included [Carnival #60: The Brotherhood of the Traveling Blogs].
• A former Gator gets his contribution on [Gift from NBA's Mike Miller makes magazine list].
• Good times to represent a point guard [Points Made: Point Guards Today Can Dish and Swish].

Olympics

• Speedo took down a giant [Nike Pulls Out of Olympic Swimwear Battle].

Soccer

• An interview with our boy, Max Eppel [Agent Talks Soccer In America].

Baseball

• My hometown’s fans really need to start showing some support [Marlins rank last in attendance … again].
• You think the Marlins have anything to do with this? [MLB Will Pull in $6.4 Billion in 2008]

Shabbat Shalom: Friday Wrap-Up from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Besides worrying about the state of the Miami Heat, what will this move mean for the future of Joel Bell and Bell Management International?  Beasley was definitely the staple of Bell’s client list, although he does have solid clients in guys like Jamario Moon and Steve Blake.  But this year has definitely been a huge setback for Bell.  Not only has he lost Beasley, after definitely putting a lot of time and money into the former Kansas State stud, but he also witnessed his other drafted client, DeAndre Jordan, drop him for WMG after Jordan was selected in the second round.  Jordan was definitely disappointed at the position he was drafted, and Beasley seems to have been upset with Bell’s success in landing him strong endorsements (I am sure the shoe deal is a major part of that).

Wojnarowski hypothesizes that Aaron Goodwin of Goodwin Sports Management has the best shot at landing Beasley.  A lineup that includes Kevin Durant, Al Horford, and Michael Beasley looks pretty sexy.

Joel Bell Got Rung from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Last year’s NBA Europe Live games drew more than 10.3 million viewers and 75,000 spectators.  This is the third consecutive year that NBA teams are heading overseas to play.  The games originally were a way to expand the influence of the NBA and attract foreign players and viewers.  After the USA played China in their opening round Olympic game, you could see that It certainly did just that in China.  The Chinese love the NBA and its stars, and have made Yao Ming a national hero and spokesman.

The recent splurge of NBA players heading overseas only shows how competitive the NBA is.  Athletes leave the league either for financial reasons or because they can play more and dominate overseas.  They have a completely different role than they did in the NBA.  The NBA is still a great goal for many foreign players and will remain to be the ultimate platform for basketball players worldwide.  Despite the different rules, the level of play is clearly the highest and winning an NBA ring is valued more than even an Olympic medal to some ballers.

NBA Europe Live from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

A new era is beginning in Australia this weekend. The first professional women’s league for any team sport will commence on Saturday. Most of you are thinking basketball, but in fact it’s one of Australia’s biggest sports- Netball.

10 teams from Australia and New Zealand, the world’s two best coutries, will be vying for the title in the inaugural season of the ANZ Championship. The league will be in full swing, having all of their games broadcast live in Fox Sports.

In the initial season, the salary cap will be set at $268,000. This will be spread over 12 players, with the minimum contract being worth $12,000. [Search for the first million-dollar babe starts here] While this is a small amount, it’s a step in the right direction for a league that had been suffering in recent years, with players often having to pay their way to compete.

What will interesting is to see how high the profile of netballers will increase. There are already some household names. Liz Ellis, who recently retired, had media commitments in the latter stage of her career. Irene Van Dyk from NZ has endorsements off the court too. She is believed to be earning over $100,000.

Flamini talks hits a hurdle

Contract talks have broken down with promising midfielder Matthieu Flamini. The 23 year old is currently reportedly on €1m and was offered twice that for his new contract. In a sport where stars receive much more, it will be interesting to see whether Arsenal fight to retain the star, especially with Italian powerhouses Juventus and Milan waiting to swoop. [Juve & Milan Fighting over Flamini]

Luck of the Irish

Late last week the top 10 Irish sports stars list was released. On first thought, one might think that a soccer player would head the list. But alas, it is former F1 driver Eddie Irvine. He has amassed a net worth of an estimated €245m, with less than 25% of that being made from F1. [The Rich List Sports Stars] In second place is former soccer player turned manager Roy Keane, on €73m.

Of the current list, there is quite a broad breakdown. 2 in Motor Sport, 3 in Golf, 4 in Soccer and even a Jockey.

No measly amount for Beasley

Remember this time last year, prior to the NBA Draft, how figures were being thrown around about how much the top draft picks would earn? Well, then look no further than Michael Beasley. The Kansas State player is on top of everyone’s mock drafts, and Darren Rovell over at CNBC predicts a big future for him. [Sportsbiz]

Class of ’04 – Who will make the cut?

Staying on basketball, the NBA draftees on 2004 are coming to the end of their rookie contracts, and Sports Illustrated has done a great job of dissecting these player’s contracts and whether they’ll be playing at their original teams next year.

Also, Gilbert Arenas still wants to opt out of the last year of his contract, for less pay? [Arenas will take pay cut to return to Wizards]

The Wash Up from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules