NFL spokesman Greg Aiello mentioned that Doty’s ruling on Vick’s bonuses was upheld in large part because the 8th Circuit found the contract’s forfeiture language ambiguous.

The ruling allows the Philadelphia Eagles backup Quarterback to keep more than $16 million in roster bonuses from the Atlanta Falcons.  The court claimed that Vick had already earned the bonus money before he was convicted of federal dog fighting crimes and the money was NOT subject to forfeiture laws.

Vick could certainly use the additional money to help pay off creditors and start over now that he is back on the playing field.  He is set to earn  $1.6 million from the Eagles this year with a team option for the second year at $5.2 million.

Obviously the NFL was not happy about the appellate court’s decision to agree with Judge Doty’s previous ruling.  Doty has handled NFL cases including Collective Bargaining Agreement (CBA) matters for years.  However, after his first decision in this case, the NFL began accusing the Judge of being biased and attempted to end his oversight of its contract with the players union.

Unfortunately, after the decision that the 8th circuit handed down, it looks like the relationship between the NFL and Judge Doty will continue a bit longer.

Baseball

• Some interesting ideas include: increase scholarships, bring back the one-time transfer rule, make a switch to wooden bats, and push the MLB Draft to after the CWS [College baseball still needs major changes].
• Big ATL agents (France – football and Abbott – baseball) will be in attendance [First Ever Brian McCann Celebrity Softball Game Set for 11/13].
• Quite a line from Boras: “If stem-cell research were around, you’d want to tap into that gene pool.” [Scott Boras is making pitch for Johnny Damon's free agency this winter]
• The Arizona Fall League has produced a lot of very successful Major League players [Scout's Diary: AFL Still A Great Secret].

Football

• Surprised that Antonio Gates is not in the top 10 paid TEs? [Under the Cap: Top Ten Tight Ends]
• I also hate the uniforms, but glad to see that NFL execs are taking a peek at the talent [Don't discount the UFL].
• Josh Morgan seems to be taking the news pretty well [Report: Crabtree likely to start for 49ers].

Sports Agents

• Former sports agent, Alonzo “Lon” Monk, was up to some shady business [Ex-Blagojevich aide pleads guilty to corruption].

Basketball

• 5 games in 3 continents, and a total of 40 sponsors. NBA office in India opening soon [NBA Int'l Games Reach New Levels With Record Number Of Sponsors].
• Casey Jacobson with a great look into the world of AAU basketball [(Too Much?) Power to Influence].
• Trading gym bags for backpacks [N.B.A. Players Make Their Way Back to College].
• The Chinese REALLY love them some Kobe Bryant [Kobe Bryant’s jersey still top seller in China; D Wade's moves up to fifth].

Baseball

• “This is the business we chose.” [Last Week].
• Dennis Gilbert’s chances at becoming a part owner of the Rangers may be increased due to his access to liquid cash [Notes from a press conference: Wrapping up the Texas Rangers 2009 wrap-up get together].

Entertainment

• Did you know that Arn Tellem (President at WMG), has a pretty powerful wife who works at CBS? [CBS' Nancy Tellem is in talks to step down from post].

Sports Agents

• SMWW may want to do a better job on its background checks in the future [ONLY IN AMERICA: From Corrupt SEIU Boss to Sports Agent].

Football

• Adrian Peterson’s next contract is going to shatter Larry Johnson’s current deal.  Poor Pierre Thomas…for now. [Under the Cap: Top Ten Running Backs].

Golf

• Giles used to represent Davis Love III and Tom Kite [Vinny Giles, 66, wins Senior Amateur at Beverly Country Club].

Football

• Andre Smith’s “Superman” clauses remind many of the contract Leland Hardy negotiated for Ricky Williams [Smith’s contract reminiscent of Williams’ pact].
• Fans may want their teams to lose in the first round of next year’s playoffs [What Free Agency Will Look Like in an Uncapped Year: The Final Eight Plan].

Baseball

• On drugs, document fraud, and skimming/kickbacks – fantastic piece [Dominican baseball prospects frequently play fast and loose with the rules].
• Pay closest attention to Rick Johnson’s words [NCAA cracks down on baseball advisers].

Networking

• Unfiltered messages from high profile athletes has its potential consequences [Social Media and the NBA].

Are the NFL and its member teams a single entity or do all teams act in a joint venture (similar to a partnership)?  The NFL wants the Supremes to hold that the teams and the NFL as a whole, is a single entity for all purposes and exempt from Section 1, not just in the licensing of intellectual property.  American Needle wants the Court to hold that the teams do not act as a single entity, and should not be restrained from trade under Section 1 of the Antitrust Act.

I tried to wrap up the case in one paragraph, which obviously did not do justice to the breadth of the issue.  So luckily for everyone, one of our favorite Sports Law professors, Michael McCann, has put together a law review note to appear in a future edition of the Yale Law Journal.

The United State Court of Appeals for the 7th Circuit has held that the NFL and its teams operate as a single entity when it comes to apparel sales.  Unless the U.S. Supreme Court reverses that decision, the holding will serve as solid precedent.  McCann believes that the Court should reverse and reject the NFL’s single entity defense.  As McCann notes in Part IV., A Recommendation to the United States Supreme Court,

The Court should reject a general availability of the single entity defense for professional sports leagues. Those leagues, however, should retain an opportunity to obtain exemption from section 1 in limited and carefully-defined circumstances.

Give the paper a read.  Do you agree?

David Carr knows the peak of the agent business. The former NFL number one overall draft pick from 2002 had almost every agent seeking his business when he came out of Fresno State. He has stuck with one agent his entire career (Mike Sullivan), but also hired a business manager. Carr was able to pick almost any agent he wanted, so his perspective on what went in to choosing an agent should definitely be of concern to our profession. Carr was gracious enough to share some time with us and give his insight into the agent business from the view of a player.

Richard Kimsey: How did you pick an agent coming into the NFL?

David Carr: I picked an agent coming out of school just based on recommendations of my peers, guys who were already in the league, guys who had been there for a while. I guess overall it was just how I felt about them, and not even every agent, but just a few guys. I think I ended up interviewing two or three guys and went from there.

Kimsey: About how many agents were after you and how did that affect the process?

Carr: A lot. I think that everyone who was an agent called me. I guess it’s the same with everybody. You got to just weed them out based on their experience. I was fortunate enough to be in a position where I was going to be a high round draft pick and it was really only two or three guys that I was interested in so that helped a lot.

Kimsey: What kind of tactics did they use to recruit you?

Carr: Everything, they used everything. Guys showed up at my school, they showed up at my house, my apartment, they tried to talk to my wife when she was at work. Called my parents, showed up at my parents house, everything.

Kimsey: How did a personal relationship build with the agent you chose?

Carr: Really with my agent, he did the contract. I also hired a business manager to handle the rest of the stuff, but I have a good relationship with my agent Mike Sullivan. We work together, but a lot of the business stuff that I do, I have a guy that takes care of that.

Kimsey: How did they prepare you for the draft and your first contract?

Carr: For the draft he was really helpful and just with the experience of him working with other guys. His first contract was lights out, he did a great job and that’s really the main reason why I choose him because he did the best contracts in the NFL. That was the main reason I got him and as far as preparation I had guys in that position, that was a big deal for me, because I wanted to make sure that the agent that I did sign with had anything to help him.

Kimsey: What’s the most important thing an agent can do to get a player to sign with them and to keep the player happy in the future?

Carr: Not necessarily doing anything like coming to my doorstep, that probably turns us off more than anything else, doing things that kind of bug us. If I hear about a good agent I’m going to test him out and talk to different players to see what the agent has done for them.

When the Bengals’ Andre Smith finally signed a contract on Sunday, it was released that a pretty interesting clause was stamped on it. Apparently, Smith’s contract says that his salary will be slashed for each game in which he is 350 pounds or higher and not on the active roster.

Upon learning of this, I decided to do some research regarding other players in the NFL that also have these clauses in place on their contracts. Kris Jenkins of the Jets has a weight clause implemented in his contract after he ballooned to 394 pounds from his previous 360. This was at the request of then coach Eric Mangini.

It was also stated that Kevin and Pat Williams also had weight clauses in their contracts which could have led to them violating NFL substance abuse policy by using water pills.

It is still unclear if weight clauses actually help the players. The clauses help players by keeping the extra weight off, but does it help when they limit their food intake and/or take banned substances? I don’t think so.

Is Eugene Parker so busy fielding questions from the media and having discussions with the 49ers front office, that he is not paying enough attention to his veteran clients?  49ers faithful are getting crabby with the agent, and it looks like SportsAgentBlog.com readers are not to thrilled with the Crabtree holdout, either.  Whether or not the Crabtree time commitment has had an effect on Parker’s representation of his other clients, I would place a bet on the fact that other agents are using it against him.

Yesterday, Liz Mullen of SportsBusiness Journal reported on Twitter that Atlanta Falcons CB, Chris Houston, dropped Parker for Todd France of FAAM.  I also have to think that something about Todd France being around Houston (France is based in Atlanta) had a lot to do with the switch.  Houston probably saw France and his employees around the Flowery Branch, GA facility quite a few times before deciding to change agencies.

Drafted in the second round by the Atlanta Falcons in the 2007 NFL Draft, Houston has been a solid contributor, racking up tackles along with his two interceptions last year.  He recently missed some time with a hamstring injury, but as long as he is healthy, I expect a big year out of him.  Todd France is hoping that my expectations are right on.

Cool video above, right?  Kind of makes me want to get my hair cut with Commissioner Stern.  I am back in Gainesville and ready to begin my final year of classes next week.  I made my schedule so that I have absolutely no classes on Monday, which should allow for a lot of work to get done on the most important workday of the week.  The baseball regular season is quickly coming to a close, and many of our Dynasty boys have had very successful seasons.  We are pumped for next year.  I also have a basketball client leaving for Lithuania today.  More news on that to follow.  Here are some stories I missed over the past week:

Baseball

• Purke, Washington, and Crow did not sign.  But Crow still has a while to come to an agreement with the Royals [List Of First Round Draft Picks To Sign].
• LeVon Washington could have been the biggest loser, although nothing is wrong with junior college [Draft deadline winners and losers].
• Even if Strasburg would have received a little less, Selig couldn’t be happy about the way teams ignored his bonus recommendations [$160.2 Million Spent In Top 10 Rounds].
• I would really like to see a team take a chance on a left-handed catcher [Left-Handed and Left Out].
• A proud product of the Rule 5 Draft [Bill Conlin: Say Aloha to Phillies' best-ever defensive centerfielder: Victorino].

Football

• Players are getting prepared [NFLPA's Smith warns of 2011 lockout].
• “One of the most important roles of an agent is to shine when his client gets hurt during camp.” [Negotiating an injury settlement]

Basketball

• A strong incentive to keep the weight down [Glen "Big Baby" Davis and The $500,000 Diet].
• If you’re all about relationships, that makes you a superagent, in my book [Superagent days in past, Falk looks ahead].

When Matt Cassel signed with the Kansas City Chiefs this offseason, Dominic Perilli noticed that Cassel, a college backup to USC starting quarterback, Matt Leinart, will make more money on this contract than Leinart will make on his current contract, which has a length of one year more than Cassel’s contract.  To be fair to Leinart, he is still working on his rookie contract.  But then again, with the work that Leinart has done since entering the league, I am not sure that I want to see the structure of Leinart’s second deal (to be seen in the future).

Cassel’s 5-year deal for $63 million with $27.75 million guaranteed looks great on paper, but those numbers don’t do justice to the actual contract that was signed between Cassel and the Chiefs.  J.I. Halsell wants you to start looking at metrics other than potential total value of contracts and guaranteed money.  Here are a few:

• Average Per Year (APY) – Take the total value of the contract and divide that number by the term of the agreement.  If it is a contract renegotiation or extension, subtract the money still to be earned on the former contract and divide by the term on the new contract (new years).
• 3-Year Total (3YT) – The total amount of money that a player will receive if his contract is terminated 3-years into the term of the agreement.  As an agent, you want the contract to be front-loaded (a high 3-year total), because a lot of players never make it through the term of their agreements.  You can also re-negotiate the deal after three years if the player is performing at a high level and is due to make a small amount thereafter.  You then have the leverage!
• Guarantee Per Year (GPY) – Take the guaranteed money and divide it by the term of the agreement.

Cassel’s APY = $10.5 million, 3YT = $30.5 million, and GPY = $4.625 million.  As Halsell points out, amongst his peers of small track record, NFL starting quarterbacks (Romo, Rodgers, Anderson), Cassel did very well for himself.