Last weekend in Memphis, Tennessee was a great success.  We put together a tremendous Professional Sports Counseling Panel at the University of Memphis and received fantastic feedback from athletes, parents, agents, and administrators with regards to Memphis’ first Agent Day.  I have to really thank my partner Jason Belzer; he is the reason that Collegiate Sports Advisors is going to be a successful venture.  Lots of big deals being brokered in the NBA and MLB.  Any readers spend some time in Dallas during the Baseball Winter Meetings?  Here are some stories I missed over the past week:

Football

• A few good questions for athletes and their parents to ask agents [Inside the player-agent interviews].

Shabbat Shalom: Friday Wrap-Up (12/9/11) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Whether or not Terry Bross is the agent that used Bibi Jones in the recruitment of Major League Baseball players, this whole issue presents an interesting question.  Would an MLBPA certified agent’s use of a porn star to recruit Major League Baseball players be a violation of the MLBPA Regulations Governing Player Agents?  The following is Section 5(B)(5) of the Regulations:

Would a porn star be covered by the any other thing of value clause?  Sections 5(B)(5)(a) through 5(B)(5)(f) say nothing about providing a porn star for the purpose of inducing or encouraging players to use a person’s services (which should not be surprising).  However, those specific sections simply lay out per se violations.  If in fact tangible proof is proffered regarding an MLBPA certified agent having provided or promised to provide Bibi Jones to baseball players, how will the MLBPA respond?

Is Providing A Porn Star To An MLB Player An Improper Inducement? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The following is the Abstract from the article:

This article argues that the Major League Baseball Players Association (MLBPA) Regulations Governing Player Agents (as Amended Effective October 1, 2010) are well intentioned, but unenforceable and not in the best interests of MLB players.  Part I of this article discusses the evolution of MLBPA Regulations Governing Player Agents.  Part II discusses the justification for establishing new Regulations in 2010.  Part III examines the new provisions written into the 2010 Regulations.  Part IV explains why many new provisions will be largely unenforceable by the MLBPA.  Part V discusses whether the 2010 Regulations are in the best interests of MLB players.  Part VI proposes a new set of provisions for the MLBPA to consider for future amended Regulations, how they should be enforced, and why they are more aligned with MLB players’ interests.

And this is the final paragraph:

We have no doubt in our minds that the MLBPA had good intentions when it drafted the 2010 Regulations, and we certainly believe that the MLBPA considered the best interest of the Players it has a duty of protecting. However, the Regulations themselves must strike a balance between expanding, to encompass all actors “representing” and “recruiting” Players, and ensuring that it has enough manpower to enforce the Regulations it promulgates. A piecemeal solution that does not cover all bases is no solution at all, and is not in the best interest of baseball.

A Discussion Of The October 2010 MLBPA Regulations Governing Player Agents from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Sports agents talk to already represented players all the time, but rarely do such communications get covered by the media.  When Scott Boras is involved; however, the media takes note.

Recently, Ken Rosenthal of Fox Sports reported that New York Mets shortstop Jose Reyes is being courted by Boras.  Brian Costa of the Wall Street Journal Tweeted that Reyes has spoken to Boras on the phone, but said there is no chance he is leaving his current agent.  Reyes is represented by Peter Greenberg of Peter E. Greenberg & Associates.  Greenberg represents a lot of foreign born players, including Bobby Abreu, Johan Santana, Martin Prado, and Maicer Izturis.

According to the MLBPA Regulations Governing Player Agents (As Amended Effective October 1, 2010), Boras is permitted to have communication with non-client players so long as he provides written disclosure to the MLBPA of that communication.  The written disclosure must include the date, time, and specific location where the communication occurred or is expected to occur, and state whether the communication included or involved, or is expected to include or involve, any recruiting.

In the past, we have covered Rafael Soriano’s switch from Greenberg to Boras, along with Carlos Guillen leaving Greenberg in favor of Octagon.

Rumors Of Jose Reyes Considering Switch To Scott Boras from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Five years have passed, and according to multiple reports, it appears that Gus Dominguez is back to representing baseball players.  His name has been attached to Garcia Speck, a lefthanded pitcher who, not surprisingly, defected from Cuba, and is looked upon as a very intriguing prospect.  Speck was formerly represented by Carlos Perez and Lazaro Collazo of Miami Sports Consulting.  BaseballAmerica reports that Dominguez also represents two players who were selected in the 2011 MLB Draft – Yordanys Perez (taken in the 28th round by the Cincinnati Reds) and Alfredo Unzue (taken in the 35th round by the Oakland Athletics).

According to the BaseballAmerica article, Dominguez said he is working as a “consultant” for a new Los Angeles agency, but can it really be distinguished from representation?  In fact, BaseballAmerica even states that Dominguez “represents” Perez and Unzue.  If/when Dominguez applies for MLBPA certification as a Player Agent, it will be interesting to see the MLBPA’s response.  According to Section 4(M) of the MLBPA Regulations Governing Player Agents (As Amended Effective October 1, 2010), the MLBPA may deny certification as a Player Agent to any applicant, or may impose limits or conditions on the certification granted to any applicant on certain grounds.  Of note is Section 4(M)(9).

One does not need to be a licensed Player Agent to advise players for the MLB Draft; however, if Dominguez hopes to represent players when they are added to their teams’ 40-man rosters, he will have to be cleared by the MLBPA.  As of now, there is no indication to believe the MLBPA will rule a certain way with respect to this matter.

Gus Dominguez Out Of Jail, Working With MLB Players from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Barak Netanya wishes you a Happy Purim.  I am up in Atlanta, Georgia for the day, speaking to the student body at Emory University.  I absolutely love this time of the year.  I do not think there is a sport event as engaging as the NCAA Tournament.  And the icing on the cake is that my Florida Gators looked really good last night.  I don’t have them in my Final Four, but would be more than happy for my bracket to bust if it meant that the Gators make it to Houston.  I just finished up another lengthy article.  This one is co-authored and is focused on the October 2010 Amended MLBPA Agent Regulations.  It was also just accepted for publication in the Virginia Sports and Entertainment Law Journal.  Thanks to the excellent members of the board at Virginia and Harvard; I am thrilled to be a part of your Journals this Spring.  Here are some stories I missed over the past week:

Football

• Gregg Levy seems to have a good point [League claims decertification came too early to avoid “sham” defense].
• He is the agent for Brian Robison and Ben Leber, who are both named plaintiffs in the Brady v. NFL case [Vann McElroy has ties to both of the antitrust cases].
• But who is an “agent” without the NFLPA to certify them? [Sources: GMs to log all agent contact]
• In case you get bored this weekend and want to read Tom Brady v. NFL [Class Action Complaint].
• It actually could make bonuses easier to attain if there are any offseason workouts [Lockout threatens workout bonuses].

Basketball

• Getting paid is still a problem in certain countries [Foreign teams may not be a great option for locked-out players next season].
• Sam Porter says that market size doesn’t matter much if the team isn’t winning [If big markets are king, how about Beijing?].

Cricket

• Allegations of a sports agent engaging in match-fixing [Cricketers in court over 'cheating].

Shabbat Shalom: Friday Wrap-Up (3/18/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

One consequence of the 2010 Regulations is that the MLBPA will need a lot more manpower to ensure proper oversight of the new rules.  In my future article, I will attack many of the 2010 Regulations’ provisions based on a variety of reasons, most importantly that they are not in the best interests of the players that the MLBPA is supposed to represent.  But I digress.

The 2010 Regulations call for Michael Weiner, the current Executive Director of the MLBPA, to appoint a Player Agent Advisory Committee “for the purpose of reviewing and discussing the MLBPA’s implementation, interpretation and enforcement of the Regulations, any potential amendments to the Regulations and relations among Players, Players agents, and the MLBPA…”  This information may be found in Section 9 of the 2010 Regulations, which is page 40 of the document (if you were brave enough to click on the link above).  Section 9 states that the Committee will consist of 5-7 active, certified Player Agents, yet Mr. Weiner has appointed a total of 9.  The following individuals were recently appointed:

• Casey Close, CAA (New York)
• Keith Grunewald, Career Sports and Entertainment (Atlanta)
• Damon Lapa, All Bases Covered Sports Mgt (Valencia, CA)
• Sam Levinson, ACES (Brooklyn, NY)
• Alan Nero, Octagon (Chicago)
• Mike Nicotera, Sparta Group (Parsippany, NJ)
• Jim Munsey, Munsey Sports Mgt (West Palm Beach and Durham, NH)
• Mark Pieper, SFX (Northbrook, IL)
• Larry Reynolds, Reynolds Sports Mgt (Riverside, CA)

Each of the aforementioned agents will serve on the Committee for 2 years; however, the first 3 members appointed will have a 3 year term.  There has been no indication as to who were the first 3 agents selected.  Jay Reisinger has been asked to serve as outside legal advisor to the Committee.  Scott Boras’ name is nowhere to be found.

Mr. Weiner had the challenge of creating a diverse Committee representing various categories of the agent population such as experience level, geography, size of agency, etc.  How would you grade Mr. Weiner based on the committee listed above?

MLBPA Player Agent Advisory Committee Established from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Football

• It does seem as though a lot of underclassmen are deciding to leave early this year [Rookie wage scale could prompt more underclassmen to leave school].
• I’m not so sure that there is nothing wrong with a player agent also representing a GM in the same sport [Let the agent wars begin]

Hockey

• Paul Krepelka says they are “taking things slow and keeping it low key” [Hockey agent gets his shot at McCarthy].

Baseball

• The MLBPA has determined that Boras Corp.’s loans to Edward Salcedo did not break rules in place at the time [Union finds no rule-breaking by agent Scott Boras].
• High ranking baseball officials seem to not be as convinced [Selig Is Said to Be Unsatisfied With Union’s Stance on Boras].
• Baez has signed 53 players to professional baseball contracts [Fraud charges for Victor Baez after he allegedly lies about ages of players from Dominican Republic].

Basketball

• Leon Rose – the family man from Cherry Hill [Shot Caller].
• Len Elmore believes that the best way to combat agents, runners and misleading advisers is through information and education [Inside iHoops].

Shabbat Shalom: Friday Wrap-Up (1/7/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The reason this comes to mind is a Tweet sent out 2 days ago by Paul Sheehy, President of Pro Star Sports.

If Cam Wake, the Miami Dolphins linebacker who is having a Pro Bowl, if not potentially an NFL Defensive Player of the Year, type of season was my client, I would be infuriated by that news.  Sheehy asks, “NFLPA Agent Regs anyone?”

Section 3(B)(21) prohibits a Contract Advisor from,

(a) Initiating any communication, directly or indirectly, with a player who has entered into a Standard Representation Agreement with another Contract Advisor and such Standard Representation Agreement is on ?le with the NFLPA if the communication concerns a matter relating to the:

(i) Player’s current Contract Advisor;

(ii) Player’s current Standard Representation Agreement;

(iii) Player’s contract status with any NFL Club(s); or

(iv) Services to be provided by prospective Contract Advisor either through a Standard Representation Agreement or otherwise.

(b) If a player, already a party to a Standard Representation Agreement, initiates communication with a Contract Advisor relating to any of the subject matters listed in Section 3(B)(21)(a) the Contract Advisor may continue communications with the Player regarding any of those matters.

(c) Section 3(B)(21) shall not apply to any player who has less than sixty (60) days remaining before his NFL Player Contract expires, and he has not yet signed a new Standard Representation Agreement with a Contract Advisor within the sixty (60) day period.

(d) Section 3(B)(21) shall not prohibit a Contract Advisor from sending a player written materials which may be reasonably interpreted as advertising directed at players in general and not targeted at a speci?c player.

Basically it boils down to a question of whether Drew Rosenhaus initiated the conversation with Wake or vice versa.  If Cam Wake called out Rosenhaus, then no harm no foul.  Under the MLBPA Regulations, which are more strict in this area, Rosenhaus would have to report the communication, anyway.  If Rosenhaus initiated the communication, then to stay clear of a violation, he could not have mentioned Paul Sheehy, talked about Cam Wake’s current contract with Sheehy, discussed Wake’s contract with the Dolphins, or talk about what he could be doing for Cam Wake if he was his Contract Advisor.

NFLPA Regulations As To Drew Rosenhaus Speaking With Cam Wake from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Scott Boras

But what we really care about here is that these disbursements might contravene MLB Players Association Rules and Regulations.  If the loans were registered with the union, then the MLBPA would move on.  But if Boras Corp. did not first consult with the union regarding these loans, there could be consequences for the company’s prior actions.

As always, my colleague Gabe Feldman, head of the sports law department at Tulane Law School, has some insightful comments on the matter.

“You worry that these agents are gaining ownership over these prospects.  And the prospects then feel so indebted to the agents that the prospects feel that they cannot leave the agent for another.”

And I agree.  But instead of talking too much about the exploitation of innocent Dominican players, let’s stay focused on the MLBPA Rules and Regulations, which Boras and his team of lawyers should be combing over a few times this holiday weekend.

The MLBPA Regulations Governing Player Agents were amended as of October 1, 2010.  Unfortunately, I do not have a good uploaded copy of the old Regulations, which would have been the regulations that Boras Corp. was operating under when it provided any money to Dominican prospects.  The new Regs may be found at the end of this post.  Pay specific attention to Pages 20 and 21.

These rules state that no money or other thing of value may be provided to a player, or any person related to the player, for the purpose of inducing or encouraging the player to use or continue to use any person’s or firm’s services as a Player Agent, Representative, or Draft Advisor.  Read everything that follows that statement and quickly see that this issue could become one of interpretation.  My money is on Boras coming out of this unscathed.

Looking Into Potential Improper Inducements By Boras Corp. from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules