Before getting into Cornwell’s arguments, it is worth taking a moment to consider who David Cornwell is and how he is so delicately connected to the NFLPA and the players that the association represents.  First of all, Cornwell went up against DeMaurice Smith for the title of Executive Director after the late Gene Upshaw had passed away, leaving an opening at the top position in the NFLPA.  Cornwell has over 20 years of expertise in the professional sports industry, representing professional athletes and sports agents in their legal affairs.  To be clear, Cornwell is not an NFLPA Contract Advisor himself, but he has been retained by NFL players and NFLPA Contract Advisors for various types of legal matters, including representation with regards to grievances through the NFLPA’s mandatory arbitration process.  In the past, Cornwell was Vice President and General Counsel of Upper Deck Company and Assistant General Counsel for the National Football League.  Suffice it to say, Cornwell knows the ins and outs in the world of professional football.

Cornwell’s observations are cleanly broken up into various sections.  The longest section of his memo concerns the new NFL Collective Bargaining Agreement (CBA) that was signed in 2011.  The other sections include a discussion of Terrelle Pryor’s suspension, the new NFL Drug Policy, the NFL’s Conduct Policy, and the NFLPA’s apparent lack of care for enforcing agent regulations.

As stated, the bulk of Cornwell’s memo reveals his dismay about the newly established NFL CBA.  He explains that players were misguided into believing that they would receive 47% of literally all NFL revenues, when in fact, that percentage is based on net revenues, and not gross revenues as was contemplated by the previous agreement.  Cornwell also states that the use of the term “True up” is misleading and that the idea of “Revenue Buckets” is a red herring.  Other issues are discussed at length.

Cornwell was tacitly involved in Terrelle Pryor’s suspension as Pryor’s retained attorney.  Cornwell’s main issue is the way that DeMaurice Smith accepted a five game suspension for Pryor without following up with Pryor and/or Cornwell after Pryor answered some questions posed to him by Smith.  The way that Cornwell explains it, the NFLPA advised the media that the NFLPA urged Pryor and Cornwell to reject the five game suspension (which Cornwell says was false), Cornwell announced that he would appeal the decision, and then DeMaurice Smith demanded Pryor’s agent to provide Smith with a letter promising that the suspension would not be appealed.  Cornwell uses words like “baffling” and “deceptive” in his memo.  The story he paints makes me question what was going on behind closed doors.

I’ll skip the Drug Testing and Conduct Policy issues and jump right to Cornwell’s final section: Agent Regulations.  The following excerpt from Cornwell’s memo will probably not surprise the readers of this website.

In the Conclusion section of Cornwell’s memo, he wrote, “Despite my greatest hopes, my personal experience reveals that De’s vision in 2008 was little more than an inside Washington political campaign — high on style, low on substance. De’s grandiose pronouncments did not translate into meaningful progress in the business of playing football. Rather than  advancing the partnership between players and team owners, the new 10 year CBA relegated NFL players’ status to mere employees.”  Cornwell is “stunned at what the NFLPA has become under De’s leadership.”  Cornwell recognizes that DeMaurice Smith is not required to answer the memo, and in all likelihood, Smith will probably resist making any comment.

David Cornwell Stunned At What NFLPA Has Become Under DeMaurice Smith’s Leadership from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Oakland Raiders defensive end Lamarr Houston was selected by the team in the second round (#44 overall) in the 2010 NFL Draft.  Houston, who used to play for the Texas Longhorns, had a solid second season in the NFL, gathering 51 combined tackles, 1 sack, 3 pass deflections, and even an interception.  Tackles were up compared to 2010, but sacks decreased by 5.  The numbers were good enough for Drew Rosenhaus to pay attention.

Houston recently switched from Jordan Woy of Willis & Woy Sports Group to Rosenhaus Sports Representation.  Last September, Woy was on the other side of an On To The Next One, when he signed defensive back Jordan Pugh of the Carolina Panthers, who had previously been represented by Garriet M. Blair of GMB Sports and Entertainment, LLC.

On To The Next One: Lamarr Houston from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Former LSU cornerback Patrick Peterson was selected #5 overall by the Arizona Cardinals in the 2011 NFL Draft.  In the 2012 NFL Draft, another LSU cornerback may be off the board within the first five picks.  Peterson was represented by a lesser known agent named Patrick Lawlor of Galaxy Sports.  This year’s star cornerback from LSU, Morris Claiborne, is represented by a man who is oft recognized for being the agent of Brett Favre – Bus Cook.

Representing athletes from the southeast is nothing new for Cook.  Last year, his name was on the Standard Representation Agreement for six players selected in the Draft (four from Mississippi State, one from Ole Miss, and Cam Newton – #1 overall pick from Auburn).

Claiborne will not be the first overall pick in 2012 and likely won’t be the second pick either, but there is a strong possibility that he is the first cornerback taken in the Draft.  He is leaving LSU a year early, but not before earning All-American honors and the Jim Thorpe Award, which is awarded to the top defensive back in college football.

Top 2012 NFL Draft Cornerback Morris Claiborne Signs With Bus Cook from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

It feels like just yesterday that Chris “Beanie” Wells donned the scarlet and gray of THE Ohio State University.  It also feels like just yesterday that Wells was signed to DeBartolo Sports.  But back in October 2010, Wells switched from DeBartolo to Drew Rosenhaus of Rosenhaus Sports Representation (RSR).  At the time, it seemed like quite a trend; many players were leaving DeBartolo in favor of RSR.

Fast forward a year and a few months, and Wells is making another change.  He has recently dropped RSR and signed with Sean Howard of Octagon Football.

The former 1st round pick under-performed in his first 2 years in the NFL, but then had almost as many yards in 2011 as he amassed in 2009 and 2010 combined.  2011 could prove to have been very important for Wells, because he was given a chance to get a lot of carries after the Arizona Cardinals’ second round pick, Ryan Williams, ruptured the patella tendon in his right knee, and sat out the entire 2011 season.

On To The Next One: Beanie Wells (Part II) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

• Alfonzo Dennard, Nebraska, CB, 3rd Position, 17th Overall, Big Ten Defensive Back of the Year, 1st Team All Big Ten
• Melvin Ingram, South Carolina, OLB, 1st Position, 19th Overall, 1st Team SEC, 1st Team All American
• Michael Floyd, Notre Dame, WR, 3rd Position, 22nd Overall, Notre Dame MVP 2x, FBS Independent Offensive POY
• Kelechi Osemele, Iowa State, OG, 4th Position, 43rd Overall, 1st Team Big XII, 2009 Big XII 2nd Team
• Nick Foles, Arizona, QB, 4th Position, 50th overall, Pac 12 Honorable Mention, Unitas Finalist
• Cyrus Gray, Texas A&M, RB, 9th Position, 100th Overall, 2 time Big XII honorable mention
• Harrison Smith, Notre Dame, SS, 3rd Position, 102nd Overall, All Independent 1st Team, Notre Dame Team Captain
• Kennan Robinson, Texas, OLB, 13th Position, 108th Overall, Big XII 2nd team, Butkis Awards semi-finalist
• Jeff Fuller, Texas A&M, WR, 20th Position, 158th Overall, Big XII Honorable Mention
• Ryan Broyles, Oklahoma, WR, 22nd Position, 178th Overall, 2010 and 2011 All American, NCAA all time leading receiver
• Ryan Miller, Colorado, OG, 12th Position, 220th Overall, 3rd Team All American
• Kellen Moore, Boise State, QB, 12th Position, 221st Overall, 2010 Heisman finalist, 2x All-American

Melvin Ingram and Alfonzo Dennard were discussed in this Sports Agent Blog post on January 5, 2012.

NFLDraftScout.com was used to provide the position and overall ranks listed above .

Catching Up With Athletes First’s 2012 NFL Draft Class from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

On March 20, 2004, a man by the name of Darrell Wills made a written proposal to current Baltimore Ravens wide receiver Anquan Boldin whereby Boldin would provide Wills with $170,000.00 for the purpose of Wills creating a sports agency called, Imagine Sports International (ISI).  The proposal included a promise by Wills that he would repay the $170,000.00 loan plus interest within five years.  It also established that Wills would only charge Boldin 2.5% on his professional contract instead of the NFLPA maximum 3% commission and handle all of Boldin’s marketing for only 15% commissions instead of 20%.  Wills signed a promissory note that same month.  More than five years elapsed and Wills failed to pay Boldin the $170,000.00 much less the interest.

In 2011, Boldin filed a Complaint for Damages and Determination of Dischargeability of Debts.  Wills had previously filed a voluntary petition for relief under Chapter 7 of Title 11 of the United States Code.  In the Complaint, Boldin made sure to point out that pursuant to the rules of the NFLPA, agents of NFL players are prohibited from borrowing money from their clients.  Boldin filed a Motion for Entry of Default Final Judgment, which the Court granted.  The Court stated that Boldin was due $280,115.28.

It is unknown whether Boldin has received any of that money.  Perhaps he appropriates some more time to recouping his money now that the Baltimore Ravens’ season has come to a close.

Anquan Boldin’s Former Agent Owes Him A Boatload Of Money from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Wasserman Media Group’s Athlete Management division has been best known for the leadership of Arn Tellem, who represents some of the highest profile athletes in professional basketball and baseball.  Tellem’s name has recently been in the news regarding whether or not the Texas Rangers will sign his Japanese starting pitcher client Yu Darvish by this afternoon’s deadline, but recently, someone else has stolen the show at Wasserman.  That person is a brand new part of the Athlete Management team and is about to make a huge splash in the sports agent industry.

Wasserman Media Group has long resisted entering the world of representing professional football players.  In order to change course, the company needed a really good incentive.  That incentive just happens to be former Stanford quarterback and likely future #1 overall pick Andrew Luck.

Within the past few days, Wasserman Media Group hired Andrew Luck’s his uncle and NFLPA-certified advisor Will Wilson, who will represent Luck leading up to the 2012 NFL Draft.  Wasserman has also named Wilson the company’s Executive Vice President of Football.  Wilson formerly served as Executive Vice President of International Business & Special Events of Major League Soccer (MLS) and Soccer United Marketing (SUM) for the past four years.

Wasserman Media Group will not only represent Luck with regards to his professional contract with the team that selects him, but the company will also help Luck find opportunities off the field of play, including marketing endorsements, media relations, social media counsel, and charitable and community development.

On Twitter, I openly wondered whether the signing of Andrew Luck and the establishing of a football division may hamper Casey Wasserman’s interest in being strongly involved in a future Los Angeles NFL team.  Apparently, Wasserman does not believe that hiring Wilson and representing Luck will conflict with his efforts to bring a team to Los Angeles.

Wasserman Media Group Signs Andrew Luck; Hires Luck’s Uncle from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

If three years have passed since a college football player’s high school class graduated, he is officially eligible to declare for the NFL Draft.  Typically, that rule provides redshirt Sophomores and true Juniors the opportunity to leave school early and test their luck with NFL teams.

Players who are interested in declaring for the NFL prior to the culmination of their Senior seasons must express their intent to enter the NFL Draft prior to January 15 of each calendar year.  Thereafter, those players who have soft-declared have a 3-day window (until January 18) to decide whether they will remain eligible to be selected in the forthcoming NFL Draft or remove their names from the pool.  Importantly, if an underclassman hires as agent, that player will forfeit his remaining eligibility to play college football whether or not the player withdraws his name from the NFL Draft pool.

Today being January 17, there is a large group of underclassmen who have soft-declared for the 2012 NFL Draft, and who have roughly 24 hours to change their minds.  There are currently 61 underclassmen who believe that they are prepared to make the jump to the NFL.  While players such as Justin Blackmon, Robert Griffin III, and Andrew Luck are sure to be very high picks in the 2012 NFL Draft, there are many players listed who may not be selected at all.  They have taken risks (hopefully calculated risks with the advice of knowledgeable and caring advisors) to forfeit their remaining eligibility in favor of the perceived riches waiting for them in the NFL.  Further, they have hopefully utilized the NFL’s College Advisory Committee, and submitted their information to get their current draft grades.

61 Underclassmen Soft-Declare For 2012 NFL Draft from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Baseball

• If he wins the bidding war, he could take Arn Tellem out of the agent biz [Hedge-fund executive Steven Cohen is bidding for the Dodgers].
• Scott Boras is making his pitch for 39-year-old Jason Varitek [Red Sox can often be late risers in roster moves].

Football

• Peter Schaffer’s new firm [JR Announces Official Deal with Authentic Athletix].
• Leigh Steinberg reportedly owes a lot of money to various entities [Real-Life ‘Jerry Maguire’ Facing Jail Over Debts?].
• Maybe Steinberg doesn’t think the general public should be concerned with his issue, but it is certainly a noteworthy subject for this site’s readers [Legendary Agent Leigh Steinberg Responds To Unpaid Debt Charges].
• Hard to believe that Jason Babin only has $5.5 million guaranteed on his 5-year contract [Making a list: best and worst of 2011 contracts].
• More than a dozen lawsuits have been filed since July 2011 [For N.F.L., Concussion Suits May Be Test for Sport Itself].

Basketball

• Arn Tellem and Dan Fegan listed in the “supporting cast” [What Really Happened In The Chris Paul Fiasco].

Shabbat Shalom: Friday Wrap-Up (12/30/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

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