And then on February 6, 2012 the official NCAA Market – Job Search website began hosting a job opening for “Sports Agent Intern.”

Color me just a bit confused.

It does not even appear to be the NCAA that is assisting with the search for the “Sports Agent Intern,” but instead, is advertising a search that will be conducted by another search party, www.SportsJobBoard.com, which calls itself “the #1 source for job opportunity information in Professional Sports.”

The job description highlights the following responsibilities:

• Assist with writing & disseminating scouting reports.
• Assist with player contracts.
• Assist with communications projects for website.
• Develop grassroots marketing programs.
• Develop marketing materials for professional athletes.

Perhaps instead of spending time and energy sending out Baseball Prospective Student-Athlete questionnaires, the NCAA should be keeping a closer tab on its official “Job Market.”  Does it look good when an institution self-charged with regulating a profession then hosts a search for an intern at a specific company within that profession?

The NCAA Has A “Sports Agent Intern” Job Posting from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: Friday January, 27 2012

Where: White Stag Building, Portland, Oregon (map)

Schedule:

8:30 a.m. – 9:15 a.m.: Registration
9:15 a.m. – 10:45 a.m.: Panel Presented by Schwabe, Williamson, & Wyatt: Entertainment in the Northwest 

• Javier Zamora, Assistant General Counsel in the Legal Department at NIKE, Inc.
• Bart Day, partner at the Portland law firm of Day and Koch LLP
• Matthew Hooper, Chair of the Arts & Entertainment Group at Foster Pepper.
• Moderator: Mike Cohen, Shareholder at Schwabe Williamson & Wyatt in Portland.

11:00 a.m. – 12:30 p.m.: Women in Sports and Entertainment 

• Peg Brand, Ph. D., Courtesy Associate Professor with the University of Oregon School of Law and the Robert D. Clark Honors College and an Associate Professor of Philosophy and Women’s Studies at Indiana University.
• Ellen Devlin, Adjunct Professor of Sports Products at the Lundquist College of Business at the University of Oregon.
• Eryn Potempa, attorney in the Sports Marketing group at NIKE, Inc.
• Lynne Graybeal, Partner at Perkins Coie in Seattle and serves as Co-Chair of their Arts, Entertainment & Sports Industry Group.
• Moderator: Whitney Wagoner, Senior Instructor of Sports Business/Industry Analyst for the University of Oregon’s Warsaw Sports Marketing Center.

12:30 p.m. – 1:30 p.m.: Lunch
1:30 p.m. – 3:00 p.m: The Changing Face of the NCAA 

• Woodie Dixon, General Counsel and Vice President of Business Affairs for the Pacific-12 Conference.
• Maureen Weston, Associate Dean for Research and a Professor of Law at Pepperdine University School of Law.
• John Shukie, Director of Academic and Membership Affairs (AMA) at the NCAA in Indianapolis.
• Jerry Parkinson, Professor of Law at the University of Wyoming College of Law since 1998 and served as Dean from 1998 to 2009.
• Moderator: Benjamin Golliver, Northwest sports journalist.

3:15 p.m. – 4:45 p.m.: The Rise of the Agent 

• Richard Karcher, Professor of Law and the Director of the Center for Law and Sports at Florida Coastal School of Law.
• Audie Attar, President of Paradigm Sports Management, LLC.
• Eugene T. Lee, Esq., President of ETL Associates, Inc.
• Moderator: Mark Phelps, Tykeson Senior Instructor of International and Sports Business Law and Ethics in the University of Oregon’s Lundquist College of Business and its Warsaw Sports Marketing Center.

5:00 p.m. – 6:00 p.m.: Reception

Cost: $90.00 [for practitioners]; $35.00 [for the general public] and $25.00 [for students] (Registration includes: attendance to all panels, lunch, and reception).  Day of registration at the door is: $100.00 [for practitioner], $40.00 [for the general public] and $30.00 [for students].  Register here.

University of Oregon School of Law Sports Law Symposium from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Shabbat Shalom!  In a few days, I will be saying shalom with more regularity, as I will be traveling in Israel.  But first, I will be in Barcelona for a couple of days.  I leave later today for the trip, which will keep me out of the United States until December 25.  This is my first time going to Barcelona and my third time venturing to Israel.  I doubt I have much access to internet and I have not yet tested out the WordPress app on my iPad 2, so I am not sure whether I will be posting at all between today and Christmas Day.  If you do not hear from me ahead of time, I hope all of you have extremely Happy Holidays.  And let’s go Heat!  Here are some stories I missed over the past week:

College Sports

• Looking more and more like a private cartel [97 schools sign petition against stipend].
• He has created the “Congressional Collegiate Sports Caucus” [Rep. Joe Barton, noted BCS hater, ups his push for a college football playoff].
• 1.2% of NCAA basketball players make it to the pros [Estimated Probability of Competing in Athletics Beyond the High School Interscholastic Level].

Football

• On Twitter, Facebook, blogging, etc. [Embrace Your Brand].

Basketball

• I assume the potential lawsuit will vanish now that Paul is a Clipper [Hornets guard Chris Paul may take NBA to court over rejected trades].
• I feel like I say this a lot, but Professor Gabe Feldman killed it on this one [The Misadventures of David Stern].

Baseball

• Boras Corp. rejected my request for a copy, but I’m not bitter about it.. ["The Book" on Prince Fielder].
• Includes a summary of the primary issues that will be considered [MLB, MLBPA To Talk International Acquisitions].

Shabbat Shalom: Friday Wrap-Up (12/16/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

After not receiving a favorable response, Marshall’s office filed a petition for an order to compel the NCAA to release the documents.  The NCAA objected on jurisdictional grounds, claiming that Marshall should have filed the petition in Indiana (the NCAA’s principal place of business) instead of North Carolina.  The hearing on the petition commenced two days ago in the Wake County, North Carolina Superior Court.  Instead of ruling one way or the other, the judge (Judge Paul C. Ridgeway) provided the parties an additional 60 days to attempt to resolve their dispute; however, Ridgeway did state that Marshall’s office should re-file the subpoena in Indiana.  The NCAA’s attorney promised that the requested documents will be delivered, in unredacted form, thereafter.  The petition filed by Marshall’s office noted that the NCAA previously aimed to redact “confidential information.”

Now that the NCAA has changed its stance, the assumption is that the State of North Carolina will file the subpoena in Indiana and gain access to the documents.  Perhaps at some point in time, the state will be able to get to the bottom of many agent related issues, including the relationship between John Blake and Gary Wichard.

North Carolina To Gain Access To NCAA Documents On Agent Activity from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Baseball

• “I am embarrassed for the people who are behind this. I want to make sure that people hear that.” [Pujols sticking with Lozano as his agent].
• Can’t wait to see the policy governing the use of Social Media [Summary of MLBPA-MLB Labor Agreement]
• It may be difficult for teams to justify drafting two-sport stars [CBA Reactions: Marlins, Twins, Amateur Draft

Basketball

• Bartelstein says what we all know – it’s not fun to not be getting paid [NBA lockout costs Chicago agent, but he says it’s worth it
• Key question: Is the disclaimer of interest enough to end the non-statutory labor exemption and lower the antitrust shield? [NBA Lockout: The NBA’s Nuclear Winter — Where Do We Go From Here?
• Maurice Clarett’s counsel could be involved [Extended NBA lockout could lead to legal challenges of draft eligibility rule

NCAA

• It would be nice if states then decide to drop their registration systems.. [NCAA nears revamp of sports agent oversight to include runners, eyes national registration
• More pub for Arkansas [UAAA Summit reinvigorates agent oversight

Shabbat Shalom: Friday Wrap-Up (11/25/11) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Here is a section of the op-ed:

If a blue-chip, five-star recruit is weighing his options, deciding between attending Florida State University, the University of Florida, and University of Miami, why should the University of Miami not have the power to provide whatever amount of money required to get a commitment from that player? What is the problem with compensating a student-athlete based on the true value that he is projected to bring to the institution that seeks his service?

I know, abolishing a cap on athletic scholarships is a pipe dream. The NCAA will never get behind such a plan, because it would make college sports look too much like professional sports. In professional sports, there is no claim that the participants are operating under a cloak of amateurism. That cloak currently allows the NCAA to retain its tax exempt status under Part 7, Chapter 25, Section 26 of the IRS Manual, which states in part: “Under circumstances where such payments do destroy the amateur status of an athlete under the rules of the relevant sanctioning body, the organization cannot qualify for the exemption.”

There is too much profit at stake for the NCAA to consider getting rid of the cap entirely.

Let’s Just Abolish The Cap On Athletic Scholarships from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

What: 

When:  Thursday, October 27, 2011 (4:00-5:30 p.m.)

Where:  American University Washington College of Law (Room 602)

AU WCL’s Sports and Entertainment Law Society is hosting a panel discussion regarding the athlete-agent relationship, NCAA regulation of athletes, and the impact of legislation concerning both subjects.

Panelists

• Moderator: Kevin Blackistone, Panelist on ESPN’s Around the Horn
• Howard Shatsky, Certified NFLPA Contract advisor and WCL professor
• Mark Levin, Director of Salary Cap and Agent Administration at the NFLPA
• Patrick Nero, George Washington University Athletic Director

Cost: Free. Registration is required for all attendees.  Click here to register and make sure to choose the 10/27 event on the drop-down menu.

American University Washington College of Law Sports Law Panel from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Last week, the NCAA revealed that it too has begun seriously considering an expansion of its definition of athlete agents.  The NCAA’s Amateurism Cabinet’s proposed changes to the NCAA’s athlete agent definition actually closely resemble the changes made in the state of Tennessee.   The Amateurism Cabinet wants to increase the scope of its athlete agent definition to include the following entities:

1. Anyone who represents or attempts to represent a prospective or current student-athlete in the marketing of his or her athletics ability or reputation for financial gain; or

2. Anyone who seeks to obtain any type of financial gain or benefit from securing a prospect’s enrollment at an institution or a student-athlete’s potential earnings as a professional athlete.

Also like Tennessee, the NCAA is concerned about runners, marketing representatives, financial advisors, and the Cam Newton Loophole.  And it also has a similar “Will Lyles provision” - The cabinet’s proposal expands the definition to include people marketing athletics skills to a collegiate institution for personal gain.  However, the NCAA has made it clear that the personal financial gain will have to be significant enough to warrant the the attention of the NCAA.  Subjective, but I guess some leeway is necessary.

If the NCAA’s Division I Legislative Council approves the Amateurism Cabinet’s athlete agent definition proposal, it will then go up for final approval in April 2012.  If approved, it will go into effect immediately.  Thus, while the new definition will certainly have no role in the 2011-12 NCAA seasons, it could start to have some influence on collegiate sports immediately thereafter.

NCAA Amateurism Cabinet Seeks To Expand Definition Of Sports Agent from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Before the NCAA ruled McAdoo permanently ineligible to perform in intercollegiate athletics, UNC actually petitioned the NCAA to reinstate McAdoo’s eligibility to play college ball.  But according to McAdoo, UNC made some mistakes in its petition, specifically with regards to reporting that he violated NCAA Bylaw 10.1(b) by representing another’s work as his own.  NCAA Bylaw 10.1(b) forbids knowing involvement in arranging for fraudulent academic credit or false transcripts for a prospective or an enrolled student athlete.  The claim was that McAdoo’s university-assigned tutor provided too much assistance with three classes, which was relayed to the NCAA prior to any findings by the UNC Honor Court.  UNC’s Honor Court later found McAdoo not guilty of receiving impermissible assistance in one class and did not find enough evidence to charge McAdoo with regards to another one of the three classes.  His tutor had also graduated from UNC.  Thus, technically, her assistance was an improper benefit provided to McAdoo (worth $11, as stated above).  McAdoo disputes that he ever knowingly was involved in arranging for fraudulent academic credit.

The other $99 of improper benefits relates to a financial planner named Todd Stewart, who paid for a hotel room for McAdoo, Marvin Austin, and Greg Little on an April 2010 trip to Washington D.C.  According to McAdoo’s Complaint, he was told by Marvin Austin that Austin was covering the expenses, not Stewart.  He believed that Austin paid the cover charge to the nightclub.  This was also possibly paid for by Stewart.

UNC and McAdoo informed the NCAA that they would be appealing the NCAA’s November 12, 2010 decision to declare McAdoo permanently ineligible.  However, McAdoo did not have independent counsel to represent him at the appeals hearing, and according to his Complaint, no one at UNC ever told McAdoo that UNC’s counsel could not represent his individual interest or that he should consider getting separate counsel.

McAdoo’s Complaint includes a whopping 16 claims for relief.  While McAdoo would like to be compensated by the Defendants based on their actions, he is probably more concerned with the injunctive relief sought in his filed Complaint.  McAdoo wants the Court to issue a mandatory injunction or writ of mandamus to compel UNC’s Chancellor to declare McAdoo eligible and reinstate him as a member of the UNC football team in addition to an injunction against the NCAA to keep it from declaring McAdoo ineligible.

UNC’s first 2011 regular season game is September 3, 2011 at home against James Madison.  As of right now, the NCAA’s Committee on Infractions will not meet until October 28, 2011 to discuss the allegations contained in McAdoo’s Notice of Allegations.  By that time, UNC football will have played 8 games, with its 9th game occurring one day later at home against Wake Forest.  In order for McAdoo to prevail on his request for a preliminary injunction, he will have to prove that he will suffer irreparable harm by losing out on organized team practices and the playing of those 8 games (and potentially more games) in 2011.  He should use Weslye Saunders as an example of the type of harm that a player may suffer from missing a year of college football.

For more on this story, Andy Staples of Sports Illustrated provides strong commentary.

McAdoo Verified Complaint Final

Michael McAdoo Sues UNC, NCAA To Restore Eligibility from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

As the facts began to unfold, it became clear that Newton’s father was responsible for the “pay-to-play” demands placed on potential schools in exchange for his son’s services.   The younger Newton had let his father decide where he would play, and the elder Newton allegedly used this opportunity to indirectly contact potential schools to solicit six-figure payoffs to steer his son toward that institution.  Although Mississippi State was the only confirmed school  that Newton propositioned with the “pay-to-play” demand, speculation abounded whether other schools received the same, or a similar, request.

Many people were disappointed that Cam Newton was able to participate in the National Championship Game and that he has not been penalized in any way by the NCAA.  Taking the opposite stance, Jeff and I applaud the NCAA for not taking any rash action against Newton.  And here is the latter half of the conclusion to our article:

It is vital that the “Cam Newton Loophole” be closed through revising applicable statutes and NCAA bylaws to better encompass the increasing number of hypothetical violations that might occur.  The proposed amendments, however, should not change the outcome for players who do not purposefully work with third parties (even fathers) in furtherance of receiving  impermissible benefits.  Federal law should step in to regulate family members, but not the athlete, who act for the purpose of obtaining an impermissible benefit.

It is inequitable to permit a loophole that allows a student-athlete to deflect any discipline by placing the  blame on a third party despite the student-athlete’s intent to profit.  However, the current bylaws as written do not allow the NCAA to levy a tangible punishment upon any actor other than the athlete or university.  The NCAA’s focus should be on punishing the educational institution for engaging in any “pay to play” scheme, but without proving the athlete’s purpose, the NCAA bylaws should not punish the student-athlete for the actions of third parties.

Punishing student-athletes for the  wrongdoings of parents and agents will not eliminate the practice of family members seeking benefits.  Beyond actions taken by the NCAA against its member institutions, parents and agents need to be held accountable for their actions, and the federal government should be tasked with the duty to include provisions within their laws to accommodate for this scenario.

Click here to read the entire article in the Harvard Journal of Sports & Entertainment Law

Corking The Cam Newton Loophole, A Sweeping Suggestion from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules