When: Friday, March 26, 2010 (12 p.m. – 8 p.m.)

Where: Pound Hall at Harvard Law School (map)

Cost: Free (my favorite price)

The theme for the symposium is “Operating in the Shadow of Upcoming Collective Bargaining Negotiations.”  Each of the panels and the keynote address will shed light on the key issues facing each league as it approaches the expiration of its collective bargaining agreement.  In addition to discussing the key issues that will need to be resolved to avoid a labor stoppage in each league, the symposium will explore how the labor uncertainty is affecting current operations within each league, and how any sort of a labor stoppage might affect the short-term and long-term interests of each league.  In exploring each of these issues, the participants will draw from their varied backgrounds to fully understand what is at stake for the leagues, teams, unions, players, and other entities close to the game.  The agenda seems to mirror that of the 2010 UF Sports Law Symposium.

Schedule:

Sports Legacy Institute Kickoff Luncheon (12:00-1:00 – Pound 334/335)

• Chris Nowinski, President and CEO, Sports Legacy Institute
• Sean Morey, Arizona Cardinals
• Isaiah Kacyvenski, Retired NFL Player
• Christian Fauria, Retired NFL Player
• George Atallah, Assistant Executive Director for External Affairs, NFLPA
• Moderator: Professor Peter Carfagna, Harvard Law School

NFL (1:15-2:30 – Pound 101)

• Adolpho Birch, Vice President of Law and Labor Policy, NFL
• David Feher, Partner, Dewey & LeBoeuf
• Neil Cornrich, President, NC Sports
• Sarah Stuart, Senior Counsel, Reebok
• Moderator: Professor Michael McCann, Vermont Law School

NBA (2:45-4:00 – Pound 101)

• Jeffrey Mishkin, Partner, Skadden, Arps, Slate, Meagher & Flom
• Hal Biagas, Executive Vice President of Management, Wasserman Media Group
• Michael Zarren, Assistant General Manager and Team Counsel, Boston Celtics
• Matthew Hong, Senior Vice President and General Manager, Turner Sports
• Robert Tilliss, CEO, Inner Circle Sports
• Moderator: Professor Peter Carfagna, Harvard Law School

Keynote (4:15-4:45 – Pound 101)

• Robert Manfred, Executive Vice President for Labor Relations, MLB

MLB (5:00-6:15 – Pound 101)

• Daniel Halem, Senior Vice President, General Counsel for Labor, MLB
• Derek Jackson, Vice President and General Counsel, Florida Marlins
• David Prouty, Chief Labor Counsel, MLBPA
• Timothy Slavin, Assistant General Counsel, MLBPA
• Joseph Rosen, Partner, Brown & Rosen
• Moderator: Jimmy Golen, Associated Press

Reception (6:30 – 8:00 – Austin West Rotunda)

With the Pro Bowl and Super Bowl XLIV in Florida this year, it is hard to imagine any more star power in the Sunshine State.  However, the 2010 UF Sports Law Symposium defied the norm and did exactly that, bringing some of the top names in the sports industry to Gainesville.

The symposium was titled “Bargaining Collectively,” and covered all areas of collective bargaining agreements in the MLB, NBA, and NFL. For those of you unable to attend or watch the event LIVE on ustream, here is a brief recap of each of the panels.

The moderators for each panel took slightly different approaches on how to conduct the sessions.  This was a great idea and kept the audience and panelists on their toes and active during the discussion.  Dr. Harvey Schiller, President of the IBAF and CEO of GlobalOptions Group started the symposium off with a bang, addressing the crowd of around 60 or more with some opening remarks on professional sports and CBA’s.

Following Dr. Schiller’s opening remarks and a fifteen-minute food and networking break, speakers for the first panel on MLB collective bargaining issues began taking their seats.  The panelists in attendance were Marc Edelman, Gabe Feldman, Bob Ruxin, Nick Ohanesian, and UF Law Professor Thomas Hurst, who served as the moderator.

Mr. Hurst introduced the panel and gave a brief introduction of each of the four astonishing panelists before giving them the floor one at a time to speak.  Each panelist addressed a different issue relating to major league baseball and the current CBA that will expire on December 31^st of 2011.  Mr. Ohanesian (Resident Officer at the Jacksonville Resident Office of the NLRB) gave a transitory recap of the labor law process and layed down the foundation to discuss collective bargaining issues.  Following Mr. Ohanesian was Bob Ruxin, Harvard Graduate and astute author of An Athletes Guide to Agents, with contributions by SAB’s own Darren Heitner (this is my plug for everyone to go out and buy the book).

Mr. Ruxin led off with the story of Sandy Koufax and Don Drysdale’s decision to negotiate their contracts with the Dodgers together in 1966.  After an amazing season by both players, Dodgers management met with the two separately and used their demands against each other. The two stars then sat down for dinner and discussed their contract issues, when Drysdale’s first wife, Ginger, suggested that they negotiate together.  Like any good husband would do, Don listened to his wife and the dynamic duo battled the Dodgers together.  Koufax and Drysdale did not like management’s stance on their contracts and they decided to not report to spring training.  In the mean time, the Dodgers trashed the two stars and their tactics and staged a public relations war against the two in the media.  After four weeks, Koufax told Drysdale he could negotiate new deals for the both of them. Koufax ended up getting $125,000 and Drysdale $110,000, which were the two highest salaries in baseball at the time.  This story is important because it represented one of the first situations in baseball where contracts were collectively negotiated between players and management.  The ramifications and fallout from that deal opened up the eyes of everyone involved in MLB and helped create the first ever collective bargaining agreement in professional sports in 1968 (emphasis added).

Following Mr. Ruxin, Gabe Feldman addressed the group. Each speaker had about 10-15 minutes to speak, which was followed by questions from the audience. The four panelists complimented each other very well and hit on many of the major areas that will be mentioned at MLB collective bargaining negotiations.

All four panelists had some great points to interject.  This session also included some additional commentary from Donald Fehr, the former Executive Director of the MLBPA, who was sitting in the audience enjoying his time and waiting for his turn to speak at the closing ceremonies.

I could obviously write much more about the great comments and suggestions the panelists made during the MLB discussion as well as the rest of the symposium, but in order to save time, I will leave you with a semi brief recap of the remaining panels.  If you have any questions about the symposium feel free to ask Darren or myself any questions (email: zakurtz@gmail.com or Twitter: @zakurtz).  Darren will also be posting video of the event as it becomes available.

After the conclusion of the MLB session, it was time for the NBA to step into the spotlight.  The moderator for this panel discussion was UF Professor, Mark Fenster.  Mr. Fenster took a different approach and directed questions to the panel and specific panelists.  The panelists in this session included Sports Illustrated Legal Analyst and Vermont Law School Professor Michael McCann; renowned author and advisor Marc Isenberg; sports litigator Alan Milstein, and Patrick Muldowney, attorney from Baker Hostetler and counsel for the Orlando Magic.  This panel discussed recent news such as Gilbert Arenas’ gun issue, Brandon Jennings and the “one and done” rule and ended with a discussion on revenue sharing and other possible issues that could cause an NBA lockout.  All of the individuals on this panel were not afraid to share their opinions and beliefs, even if they differed from other panelists.  This caused for some great debates and passionate discussions.  The brilliant minds of Michael McCann and Marc Isenberg worked well together and seemed to agree on many issues…more specifically, revenue sharing and the role of the NCAA on future NBA athletes.  Patrick Muldowney was viewed as the “pro-league” representative, although he did render neutral opinions that covered both sides throughout the discussion.  Professor McCann discussed his research regarding arrests of NBA players and their age, stating that no correlation exists between younger NBA players and arrests (Check out the Sports Law Blog for Professor McCann’s article on this topic).  Overall, the energy from these professionals was great and was certainly palpable by the audience.  Although the NFL panel covered more interesting topic areas to me, the NBA discussion was my favorite panel to listen to.  Not only were the debates exceptionally intelligent, but also each of the four speakers were very spirited while arguing their side.

Last but certainly not least was the NFL panel discussion.  This panel consisted of eight individuals, and like the previous two discussions, the amount of knowledge on the subject areas was overflowing from the UF Law School covered tables.  The moderator was a UF Levin College of Law professor Jeffrey Harrison.  Panelists were Ralph Cindrich of DeBartolo Sports & Entertainment; former VP of the Green Bay Packers and President of the National Football post, Andrew Brandt; J.I. Halsell, salary cap analyst and expert formerly with the Washington Redskins; Ryan Morgan, President & CEO of Morgan Advisory Group; Glenn Schwartzman, CEO of Alliance Sports Management; J. Richard Burnoski, President and CEO of Empire Sports Agency; and Paul J. Healy, Agent/Advisor and Partner at Healy Stone & Zahler.

Mr. Harrison had his own unique approach to moderating his panel.  Mr. Harrison posed several questions throughout the hour and fifteen-minute pane, and allowed any/all panelists to chime in on issues they were familiar with.

Ralph Cindrich kicked off the last panel by showing a marketing video that he and the DeBartolo Sports team made for Notre Dame safety Tom Zbikowski.  Cindrich went on to talk about how new media outlets such as YouTube are being used by agents to market unknown athletes and even stars with notoriety.  He mentioned that NFL scouts and managers actually do watch these videos.  Using Rex Ryan’s 27 views of the Zbikowski video is a prime example.

This star studded panel tackled the hard issues relating to the upcoming collective bargaining agreement that ends in March of 2011.  The panel unanimously agreed that the owners and NFLPA are unlikely to come to a decision by the end of this March, thus making this next season an uncapped year.  This would mean that the NFL would act like the MLB, with no ceiling or floor in regards to team salaries.  According to the panel, the players are asking for transparency and want to see the books.  They are asking management to take less than the 18% they currently are taking.  Both of the requests are unlikely to be accepted, which will most likely bring an uncapped year to the NFL.

Salary cap expert J.I. Halsell and Andrew Brandt discussed the ramifications of an uncapped year.  Halsell mentioned that this would drastically decrease the number of unrestricted free agents.  The uncapped year will add two more years to player’s contracts, making them unrestricted free agents in six years instead of the usual four years that we are accustomed to.  Mr. Brandt followed with a discussion on revenue sharing and discussed the wide disparity between teams in baseball and how that could occur in the NFL next year.

Glenn Shwartzman, J. Richard Burnoski  or “Bruno” and Paul Healy also discussed the role of agents during collective bargaining agreements.  The three took turns discussing how important it is to communicate effectively with your client right from the start.   Bruno mentioned that if an uncapped year is a likely possibility, like it is here, the agent may handle the players contract differently.  Healy discussed the ability to have players paid over a 30 week period instead of the more traditional 17 week period, which would help tremendously if a lockout were to happen.

Overall, the large NFL panel worked great together and covered almost all areas that I was interested in learning about.  They even threw in some helpful hints to future agents about being honest and truthful at all times with your client, even if it is something he may not want to hear.  The panelists all agreed that they would rather lose a client, than take on someone with unrealistic goals or visions of themselves or their agent.  The panel concluded with a Q and A session that was very informative.

After three great panel discussions, the symposium was finally ready for the great Donald M. Fehr to address the crowd.  The insightful words of Mr. Donald Fehr were an amazing way to end a great symposium.  Mr. Fehr worked as the MLB Players Association’s Executive Director for 26 years.  He recently (2009) passed the title over to Mike Weiner.  During his tenure with the MLB, Mr. Fehr successfully negotiated two collective bargaining agreements with the MLBPA and the league (2002 and 2006) and has a tremendous amount of knowledge in the areas of collective bargaining, contract administration, grievance matters, arbitration issues, and pensions and health care matters.

Mr. Fehr is an amazing speaker.  He not only discussed the many different areas that would be covered in collective bargaining agreements, but was able to connect with the majority in the room (law school students) and all others through his use of specific comparisons and diagrams on the white board.  He began his dialogue talking about the draft and recited one of my favorite comparisons of the day to describe how ludicrous the whole draft thing really is.  He compared the teams taking part in the draft with prestigious law firms and the college or draft eligible athletes with the law students.  He compared the fairness of the draft system on NCAA student athletes with a hypothetical situation where law students could only get a job offer from one of thirty possible law firms.  The law firms would interview with students, research the top students, test the students, and rank them or choose them based on those tested areas.  The students who were picked by those thirty schools would be lawyers while ALL others have to choose something else.

As I mentioned throughout this article, all the panelists were very insightful.  I could not possibly recap all the great speakers or discuss the conference in its entirety.  That is why everyone reading this should plan on attending next year’s symposium at UF and find out for themselves what all the fuss is about.

I would like to thank Darren, Adam and the rest of the UF EASLS crew for putting together such a wonderful symposium.  I would also like to thank all the wonderful speakers who dedicated much of their time and energy to the symposium. It certainly was a success to everyone.

Jason Kyle

Jason has been building Pro Player Connect for roughly two years.  He has branded it as a place where professional athletes can network with one another and receive offers from national, regional, and local businesses.  Companies have also used the database to offer jobs to retired athletes, and over 30 such retired athletes have already been given work through those leads.  There are also many additional features planned for the future that involves interaction with fans.  Eventually, players will be able to create video chats and appearances, provide downloads, deliver athletic tips, and conduct various types of interviews.  It should not be a problem to build as the company just received its second round of funding.

At this point, most of the 1,000+ athletes using Pro Player Connect are professional football players.  Most likely, that number will increase tremendously since the NFL Players’ Association recently put its support behind Jason Kyle’s company.  On October 20, the NFLPA was proud and pleased to announce its support of Pro Player Connect.  With the NFLPA behind this project, Jason has already been able to roll out a new feature that helps athletes with their Workers’ Comp forms.

Athletes are not charged to use the service.  Instead, companies are charged a small fee per lead.  They pay to get an offer out to the players on the website and the offer is only released to the athletes targeted if the Pro Player Connect employees deem the offer to have value.  Speaking of employees, Jason told me that there are 3-full time employees and Jason puts roughly 3 hours per day into the company, which is a big time commitment for an active NFL player.

Should this service scare sports agents?  After all, doesn’t it make agents less needed?  Jason says no.  And he encourages agents to bring their clients to the website.  If the agent is involved, Pro Player Connect will copy the agent on all offers.  If the player signs up without the assistance of his agent, the agent will lose the opportunity to be involved in all offers that the player receives through Pro Player Connect.  Jason says that the offers can be anything from $500 for a local Monday Night Football appearance at a bar to $10,000 for an autograph appearance.

I told Jason that I am very impressed with his drive and passion concerning his product.  It really says a lot about a player who is able to put so much energy into a company while taking snaps in the NFL.  I wish him the best and continued success with Pro Player Connect.

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].

Players that are accepted to the program partake in a three-month, paid internship gaining experience in areas like communications, membership services, legal, and information systems.  Sports marketing internships are also available through the union’s marketing and licensing arm, NFL PLAYERS.  The pros must go through the same application process that students normally go through to get internships, by submitting an application, resume, cover letter, getting recommendations, submitting a writing sample, and a providing a transcript.  The only qualification…candidates must have played at least one full season in the NFL and/or AFL.  Tom DePaso, current Associate General Counsel and a Regional Director at the NFLPA and former NFL linebacker, participated in the internship back in 1984.  Being his first off-the-field work experience, DePaso said that “I would not be where I am today without having had that experience.”

The internship program isn’t the only way that the NFLPA helps out retired players.  The union holds a career opportunity expo as part of the NFLPA Retired Players Convention in Palm Springs.  The most recent one had eight employers in attendance, including New York Life Insurance Company, Prudential, and The Corporate Playbook.  Retired players can network and find out about employment opportunities from the companies in attendance, as well as have on-site interviews in private areas the expo has provided.  This year’s expo marks the fifth year that this aspect of the convention has been held.

In addition to setting up conferences like the career opportunity expo, the union set up a NFL Player Job Board in 2008 as a resource for retired players to find jobs with employers specifically interested in hiring former professional football players.  New Executive Director DeMaurice Smith has taken a proactive role in aiding former players find jobs.  He recently sent a letter to over 1,000 retired players who own their own companies or work for corporations in Florida, Texas, and California asking for help in finding employment opportunities for other retired players by listing their companies on the job board.  According to the NFLPA website, over 50 retired players have already found jobs using the job board.

While other unions like the MLBPA and NBPA help retired players find post-playing employment, the NFLPA’s efforts are even more necessary as the average career length is about two years shorter.  Retired football players have several options and resources to explore.  Agencies like Darren’s Dynasty Athlete Representation offer post-career guidance for their clients, and players often turn to their agents for help and advice when it comes to finding a new job because they have hopefully formed a trusting relationship over the years.  But the NFLPA’s continuous effort to aid athletes after their playing days are over is a noteworthy action for its players.

If you are one of the lucky people to have applied this past January for NFLPA Contract Advisor certification, you most probably received an email recently that states whether your application has been approved or denied.  If approved, step one (the easy step) is out of the way.  Now you will have to attend the NFLPA Contract Advisor Seminar for New Applicants and start studying for the exam that will be given at the seminar.  A passing grade on the exam is required in order to be granted certification.

The seminar and examination will take place at The Ritz Carlton Hotel on 22nd and M Street on July 30-21, 2009.  If you have not begun to study for the exam, it is time to start cramming.  This can be an extra difficult task if you are concurrently studying for the Bar Exam as well.  Dynasty’s Football Director, Matthew Watkins, put himself through that pain last year, but impressively ended up passing both tests.

In fact, for those of you getting ready to go to Washington D.C. for the Seminar and exam, I suggest you read Matthew’s post regarding last year’s events.  It is quite informative.  As was the case last year, the exam will consist of 60 multiple-choice questions.  And in order to pass, you will need to received a scaled score of 70 or higher.

Take this test seriously if you want to become an NFLPA Contract Advisor any time soon.  If you do not pass, you may be prohibited from retaking the examination for 5 years according to new amendments to the NFLPA regulations.

Mr. Smith is only one of the many amazing names that will be in Chicago at the conference. Some of the other great names include Jeff Gewirtz, Senior VP and General Counsel of NETS Basketball/ Brooklyn Sports & Entertainment. Stephanie Varvadas, Managing Attorney for Nike Inc. Donald M. Fehr, Executive Director and General Counsel for the MLBPA, Richard J. Berthelsen, General Counsel for the NFLPA,  along with Professors Richard Karcher Director of Law and Professor Florida Coastal School of Law Center for Law and Sports, Vared Yakovee Professor at USC Gould School of Law and Editor-in-chief of Entertainement & Sports Lawyer, Gary R. Roberts from Indiana University School of Law and Gabe Feldman, Director of the Tulane Univesity Sports Law Program to name only a few.

The NFL’s Junior Rule prohibits NFLPA advisors from communicating with a college athlete or any person in a position to influence that college athlete until said player is eligible for the NFL Draft.  From April 10, 2007 until March 25, 2009, the prohibition lasted until an underclassman who applied for special eligibility was placed on the NFL’s official published list that goes out in the middle of January each year.  But now, agents can start contacting early entries a little bit sooner.

As of March 25, 2009, the NFLPA is allowing certified agents to contact potential early entries after their last regular season college or conference championship game (excluding any post-season bowl game) or December 1, whichever is later, of the college football season immediately prior to the year in which such prospective player would be eligible to apply for the NFL Draft (basically the Junior year in almost all cases).

This will allow NFLPA advisors to talk to players as much as 6 weeks earlier than they were able to in the past (according to the rules).

Football

• DeMaurice Smith was selected to be the successor to Gene Upshaw as the Executive Director of the NFLPA [Smith elected to head NFLPA].
• One step in the right direction towards bringing back the AFL next year [AFL might be back in '10].
• Devin Hester is about to sport his wings with Red Bull [Hester Is A Flash In The Can].
• Great wrap-up of the early Pro Days [Pro Day Recap - Part 1].
• An agent rarely wants to see his name in the press.  This is the 2nd week in a row that we can’t help but notice Bus Cook getting attention [Agent explains Cutler timeline].

Baseball

• $1.5 million guaranteed plus the possibility of making another $1.5 million this year [Rodriguez, Astros agree to contract].

Basketball

• The NBPA was not too happy with that Yahoo! Sports article calling out Ceruzzi Sports and Pat Barrett [NBA Players Association to probe agency].

Sports Business

• Make sure you provide your clients with solid financial planners [IRS Looking At Athletes More Closely].

MMA

• Gary Wimsett expands his online presence and has a great interview with Jens Pulver [No Rest for the Wicked: Jens Pulver Fights for the Little Guy].

Basketball

• Jason Belzer looks at some young college coaches who have tons of talent [Young Guns: 3 Top Under-the-Radar College Assistants].

Golf

• From WMA to IMG [Wie to get ‘fresh start’ with IMG].

Football

• The last of the big-name inside linebacker free agents has been signed [Peterson, Falcons ink deal].
• A $16.6 million pay cut for the former #1 overall pick [Smith reworks last 2 years of deal].
• Nothing that $100 million can’t fix, right? [Haynesworth indicted on traffic charges]
• Do Trace Armstrong’s connections to CAA have you concerned about him being a candidate? [Contentious campaign, critical vote for NFLPA's top job]
• It only keeps getting worse for Alvin Keels.  I cannot imagine the amount of stress he is under [Alabama’s Tubby, Shirtless Wonder, Andre Smith].

Sports Agents

• Bruce Ciskie has doubts about Bus Cook [Is Bus Cook a Troublemaker?]

Baseball

• One of those “great stories” [Lester lands five-year extension with Red Sox].