Renegade.  Athlete’s rights advocate.  Evangelist for the Olympics.  Difficult.  Exacting.  Argumentative.  Brash.  Insane.  Hyper-Active.  These are all slogans and adjectives that sports agent, Evan Morgenstein, President and CEO of Premier Management Group in Cary, North Carolina, has been tagged with at one time or another in his 19 year-long career.

I had the opportunity of hearing Morgenstein first speak at the Variety Sports Business Summit back in July 2011.  He immediately stuck out to me as someone “different” from the rest.  He sat extremely relaxed and would casually whip his hair back and forth (Willow Smith style).  The panel that he was on consisted of other agents and one of his clients, Olympic Gold Medalist, Janet Evans.  The conversation went in a direction that brought forth the question “Are agents expendable?”  Morgenstein sweetly reached his arm out and rested it on Evans’ shoulder, looked at her and said, “Oh.  We’re family.”  Although he said this in a playful manner, that truly exemplifies Morgenstein’s approach to his clients; they are family.

I have been fortunate enough to further build a friendship with Morgenstein over the past couple of months.  Never at a loss for words or desire to give his opinion, Morgenstein shared with me some of his philosophies on being an agent, representing iconic athletes and soon to be champions, life on the road and how he hopes to be remembered.

Heather Brittany: Evan, how did you start in this business?

Evan Morgenstein: I was fired from my last job in technology selling computer systems to the healthcare industry.

Heather Brittany: Why?

Evan Morgenstein: I was partying too much.  I didn’t take the opportunity seriously.  I was out 7 nights a week with a passion!  I knew selling systems to doctors who mostly were arrogant and insanely uninformed was not my future and this “career” choice was not going to end well.  I deserved to be fired.  But the truth is the company was full of ass kissers who never had a free thought in their life!

Heather Brittany: So you basically committed career suicide?

Evan Morgenstein: Perfectly worded!  It was time to bury that sad episode of an otherwise extraordinary life!

Heather Brittany: Tell us why being a sports agent was your passion.

Evan Morgenstein: My dad was an average football player who got a partial scholarship to play at Syracuse, my alma mater.   Sports were always part of my life and truthfully it was the only thing that strung two days together for me.

Heather Brittany: What do you mean?

Evan Morgenstein: Most people just meander through their day, through their life.   Never stop long enough to identify what makes them happy or eliminate what makes them sad.  Sports defined everything for me.   Seasons.  Activities.   Family time.  Friend time.   If I wasn’t playing it, I was talking smack.  Btw, the Dolphins sucked when I was a kid and they suck now! J-E-T-S!  JETS JETS JETS!

Heather Brittany: Well, I’m a Mark Sanchez fan, so I’m alright with that.  Where did Premier Management Group or PMG Sports come from?

Evan Morgenstein: I worked for a sports marketing agency that repped NBA athletes.  I did that for a couple of years, thought that 99 percent of the NBA athletes that I met or worked with were utter worthless, thankless assholes, so I quit and started my own company.  No NBA ATHLETES ALLOWED!  Truth is Charles Smith, the former NY Knick was that 1 percent.  He gave me a chance.  Treated me like family.  I owe him almost everything because he believed in me.  Can never thank him enough!

Heather Brittany: Why Olympic athletes?

Evan Morgenstein: Because in 1995/96, there was only one agency that focused on Olympic athletes and they only repped the icons!  Michael Johnson, Amy Van Dyken, etc.   I wanted to make a difference in the rank and file in the Olympic movement.  They work just as hard.  They deserved someone going out and singing their praises.

Heather Brittany: What has been the most rewarding partnership that you’ve had the opportunity to facilitate?

Evan Morgenstein: Here’s the problem, if I answer that, another athlete is going to see that… it’s like dealing with kids.  There’s nothing like cereal boxes… you know?  Walking down an aisle and seeing your athlete on the cover of a Wheaties box, it’s pretty incredible.

Heather Brittany: What would you like people to remember you for (in association with being an agent)?

Evan Morgenstein: I actually think about this a lot.   I’d like to be remembered for the guy that helped create a middle class in the Olympic movement in the US.  For all of those athletes who wanted to make representing their country, their sport and their family a career, I helped make that a reality.  That would make me feel like all the bullshit was worth it!

Interview With The Agent: Evan Morgenstein from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

One hot topic at the Games is whether the NHL should shut down again for the 2014 Winter Olympics in Sochi, Russia. This is the fourth Olympics that have included NHLers and each time the question of continued participation comes up. There are pros and cons to each side, but I personally hope the NHL continues to come to the Games.

On one side, it is easy to understand the concerns of owners and management. They invest a lot of money in these players, and having them play in the Olympics is a significant risk. The Ottawa Senators Stanley Cup hopes went out the window when Dominik Hasek was injured in the Czech Republic’s first game at the 2006 Olympics in Torino. He never played for the Senators again. The 2 week break in the season can also kill momentum. A team that was playing well before the break may not want the interruption.

However, participating in the Olympics is usually seen by most players as a huge honour. It brings together the top players from each country in a tournament like no other. The NHL break can also serve as a much needed rest period for players who may need time to rest up from nagging injuries.

In all likelihood, the NHL will likely end up going to Sochi. And even if the league decides not to, one of its biggest stars has already stated he is going. Alex Ovechkin has publicly stated that he will be competing for his home nation in 2014, no matter what the consequences. That might be reason enough for the league to head to Sochi.

I believe the NHL will end up going to the next Olympics, but there will be a new Collective Bargaining Agreement negotiated before they take place, so what happens with that is anyone’s guess. But the tournament only happens once every four years, and it is exciting for the players and fans alike. Hopefully it will continue.

Should the NHL go to Sochi? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

The 2010 Winter Olympics are in full swing in Vancouver right now with thousands of athletes proudly donning the colors of their countries.  However, one group of athletes that want to participate might not even have the opportunity to try out for the 2014 Olympics in Sochi, Russia.

With the NHL Collective Bargaining Agreement (CBA) set to expire at the conclusion of the 2010-2011 season, the debate over whether NHL players will be permitted to participate in 2014 Olympics remains to be decided.  Both Commissioner Gary Bettman and several owners have openly voiced their disapproval over the current arrangement, in which the entire NHL shuts down for a two-week period in order to accommodate player involvement in the games.  However, not participating in the Olympics beyond this year could be harmful to the competitive level of play on the United States and several other countries’ behalf.

The Problems with Participation

Commissioner Bettman argues that participation in the Olympics results in an unnecessary strain on the players, the schedule, and NHL fans.  He also believes that the league receives little positive impact from the Olympics when the games are played outside North America.  Meanwhile, the owners argue that permitting their star players to participate in the Olympics risks team success and can compromise player injury liability clauses.

There is no doubt that both the Commissioner and the owners raise valid points; however, it is from a selfish standpoint.  Commissioner Bettman’s point on the strain on players presumably is based on the same reasoning as the owners:  If a player is injured during the Olympics, his team will subsequently be severely harmed.  The same point is well taken from owners, who believe that if a player of Alexander Ovechkin’s caliber were injured, arguably, the chances of the Washington Capitals competing at the same level would be decreased for the length of any injury.

Commissioner Bettman’s arguments regarding burdens on the schedule and the fans are also valid from the same self-serving perspective.  It is true that scheduling a two-week break in the middle of an 82-game schedule does make for tricky planning.  Teams must play compressed schedules and one team, the Vancouver Canucks, were forced into a 14-game road trip due to the Olympics taking place on their home ice.  This surely results in empty arenas and no money brought in for NHL events during this time.  Further, despite being several years removed from the NHL lockout of 2004-2005, new fans are only now beginning to tune into weekly national broadcasts.  Thus, from the NHL leadership’s perspective, the Olympics are a large risk.

Potential Answers

One potential way to ease the strain on players is to consider what can be done in individual player contracts.  As mentioned here on SAB last August [The Cost of Representing Your Country], players raised fears that if they were injured at Olympic training camps their teams would not insure them —and rightfully so, as some clubs have clauses protecting themselves against this liability.  If a player wants to participate on his country’s behalf, why not base it on an individual level.  Teams could take a strong stand in the upcoming CBA discussions that if a player wants to play in the Olympics, he must contractually agree to give up certain money and release the team of liability if an injury occurs during that period.  From the NHL leadership standpoint, this will shift the burden to the players, who will be forced to choose between financial gain and representing their country.  Such an idea could lead to discontent, but it might at least serve as a starting point in negotiations.

Aside from contractual arrangements, one answer that should not be considered is non-participation by the NHL.  Such a decision would substantially harm the already fragile public persona of the NHL in the United States.  Non-participation would be harmful for several reasons.

1. To counter Commissioner Bettman’s point regarding the little positive impact the NHL gains from the Olympics when the games are played outside North America, participation arguably boosts NHL notoriety outside of North America.  The NHL already participates in its own regular-season games outside of North America and has plans to continue these games to open several upcoming seasons.  If Commissioner Bettman truly believes that the NHL gains little by permitting its players to play for their country rather than an NHL team in an international venue, he is sorely missing an opportunity for more league exposure.  Rather than a hindrance, participation surely gains fans that want to see how certain players are doing prior to and after Olympic play.  While from an immediate revenue perspective, Commissioner Bettman may not see gains in the NHL coffers.  However, in all likelihood, it will result in the same or more revenue from the current NHL games taking place abroad in the long run.
2. Not permitting players to participate could result in resentment between players and the league.  Several high-profile players have already made it publicly known that they intend to participate in the 2014 Sochi games regardless of being given permission.  This includes the current face of the NHL, the wildly popular Russian-born Ovechkin.  If several high-profile players pack their bags for two weeks to play in the Olympics, leaving teams to find alternatives in their absence, the NHL will suffer more than if the league as a whole shuts down.  Down the road, a non-participation scenario could lead players considering the NHL to consider instead playing in leagues such as the KHL, whom permits Olympic participation.
3. The most important reason that non-participation is not the answer is the effect it will have on the United States level of Olympic play.  Currently, the entire U.S. squad is made up of NHL players.  The same can be said for Canada.  However, several other countries are able to put together very strong teams with experienced non-NHL players because leagues other than the NHL permit Olympic participation.  While Canada may be able to field a team of non-NHL players and remain as competitive as they are currently, the U.S. does not have that same luxury.

In all likelihood, if the NHL does not participate, players will come from the collegiate ranks.  While the likes of the “Miracle on Ice” roster did come from the NCAA, the level of competition in international play has changed drastically since that point in time.  Putting even the top Division I players up against experienced former NHLers playing in the KHL would result in a less competitive U.S. team.  This is nothing against the players that might be chosen, but outside of competition in the NCAA, many of these players will have little experience against the faster, stronger, and seasoned veterans from other countries.

While non-participation by the NHL in the Olympics may result in parity for certain countries, it would not continue the strong play of the United States.  Some may argue that non-NHL players would be hungrier or more determined— this remains to be seen.  Regardless of where others stand on this topic, whether the NHL will permit its players to participate will certainly be a point of negotiation for both sides at the expiration of the current CBA.

What are your thoughts?  Is continued participation in the Olympics beneficial to the NHL?

Why the NHL Should Continue to Participate in the Olympics from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

“It would be a huge benefit to us if mixed martial arts became an Olympic sport,” White said. “It would create instant awareness around the world, and it would be huge.

“I would support it 100 per cent. I personally am not out there trying to get mixed martial arts as an Olympic sport … but if it popped and they said, ‘Yes, we’re thinking about it,’ I would go guns ablazing and try to make it happen.”

I think it would be great to see MMA as an Olympic event. It would legitimize the sport while showing that the IOC cares about staying current and fresh. My concerns are that on such a big stage, people will certainly condemn the sport for being too violent, unless there are rule changes, which I would almost guarantee there would be if something like this was to happen. If MMA was to become a Olympic sport, but modified to IOC rules, I don’t see Dana White being as supportive then. What I would like to see in the meantime is some of the higher level fighters competing at their strongest discipline for their country. How cool would it be to see George St. Pierre suit up for Canada against the American, Jon Fitch in a pure wrestling match? Something like that would be great to watch and could still serve to legitimize the sport, since it would be obvious to people who think that UFC fighters are just brawlers, that these men are unbelievably skilled, trained athletes.

Please continue to post any questions or comments you may have and don’t forget to follow me on Twitter @zachlipari.

MMA a Future Olympic Sport? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

No matter how innocent the athlete may appear to be, WADA must uphold its stringent approach. Those who test positive for performance-enhancing drugs are punished for cheating and putting themselves at an unfair advantage of which their competitors are deprived. In terms of recreational substances, WADA cannot be seen to endorse the use of these drugs and so the offending athlete is also liable to punishment. Any failed test for prohibited substances will result in punitive action, including a probable ban.

The harshest example of this can be seen in the case of British Olympic Skier Alain Baxter. Baxter had failed a drug test when ‘lev-methamphetamine’ was found in his sample. It later transpired that this substance is present in the American version of a Vicks nasal inhaler. The British version does not contain the prohibited substance and Baxter bought and used the American one at the Salt Lake City Winter Olympics, assuming the content would be the same. In its judgment, the Court of Arbitration for Sport said that Baxter was a “sincere and honest man who did not gain a competitive advantage despite the trace of lev-methamphetamine in his system”. In spite of his honesty and innocence, Baxter was stripped of his Bronze medal, which was ultimately awarded to his 4^th-placed Austrian counterpart, Benjamin Raich.

It would seem that the resulting damage from testing positive for a prohibited substance is not only of that to your reputation, but the financial consequences can also be severe. Adrian Mutu, a Romanian footballer who is famous for having played for Chelsea, Juventus and Fiorentina, tested positive for cocaine in 2004. He was banned for 7 months and fined £20, 000. Chelsea purged him from the club for breach of contract. He later signed for Juventus for free. Chelsea sued him on the basis that they were denied a transfer fee that was due to them for what should have been his sale to Juventus. As he breached his contract, he was removed from the club and as a result he was able to sign for Juventus for free, where normally the recipient club would be required to compensate the selling club for the transfer. The matter went to the Courts and was resolved within the last month. The Court of Arbitration for Sport dealt him out a staggering fine of €17 million, which he was told to pay Chelsea to compensate for their loss. This represents the highest ever fine imposed by FIFA.

The moral of the story if you are a professional athlete is not to do drugs – it is quite simple really. In all likelihood you will get caught, and your punishment will be severe. There are not many athletes who can comfortably afford to pay the fines, and the damage to reputation can be brutal – nobody likes a cheat!

Drugs and Sport – Why It’s Not Worth It from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

I had always dreamed of being involved, somehow, in the Olympic Games and on hearing the news in 2005 that my home country had secured the 2012 Games, I found myself forging ahead with making that dream a reality. First, I had to gain some Olympic experience, and being the less than proud owner of a 15.2 second 100m PB time and realizing doggy-paddle was the only stroke I can reasonably swim, I decided it must be work experience and not athletic prowess that gets me there. First stop: Beijing.

I found myself at Beijing Capital Airport, having quit my job in Tokyo, Japan and found some part-time work in Beijing teaching English. I set about searching for any opening possible in the organization for the Games and any links to the Chinese sports industry. I should also note at this stage I had never been to China before and knew approximately 4 words of Chinese (of course the bad ones. Always the bad ones first, right?) The opening came online in the form of a Volunteer Trainer position opening for the Olympic Committee. This was a low-paid, 7-day a week position, training the Chinese students in languages, security, first-aid, and basically how to deal with stressed foreigners and lost 4 year-olds. It did turn out to be a great experience with highly motivated volunteers and staff, but most importantly it got my foot in the door.

The foot in the door cliché is overused, I know, however looking back, I cannot stress how important that was for me, coming into the industry with only a Sports Degree from the University of Southampton in the UK and a few years teaching in Japan, the old CV was not looking so impressive. Doing the volunteer training camps enabled me to meet the right people at the right time and connect with decision makers and gate keepers. I made business cards, networked with the other trainers, the trainer’s bosses in the Olympic Committee and of course the volunteers. It was one of the volunteers who worked in a sports marketing agency that brought me the break I had been looking for.

Again, part-time was the way in. Working part-time or doing an internship is a great way to get your foot in the door (there I go with the cliché again I hear you cry).  I wouldn’t be saying it if it didn’t work time and time again. I then began working part-time at Prescient Group, a small (20 employees) sports agency in Beijing. The work environment was tough, being the only foreigner in the company and with only basic Chinese, I was immediately dropped in at the deep-end as I moved to full-time and given the job title of Sales and Business Development Specialist. My job suddenly involved stadium naming rights negotiations, team and athlete representation, sponsorship sales, event planning and marketing…also liaising with our partner agency in New York. I had to learn fast and although on-the-job training is the best way for this, I was a little shocked at how much responsibility they put on my shoulders in the first few months: “First we see if u can swim in the river” my boss told me looking me right in the eye, “if we see you do not drown and you keep your head up we will help you, but if we see you cannot swim, we will let you go”.

I quickly became aware that in China, on many levels of society, but in business especially, they never look back. They never complain or moan and if a problem or obstacle arises they rarely debate or argue over what to do, they just do something, and if it doesn’t work out they simply change it and move on. There is rarely any fuss, rarely any procrastination and always action. If you can’t keep up you are left behind…to drown I guess. Lucky I’m so adept at doggy paddle I thought to myself. It is brutal, but given China’s current economic clout and speed of development, this philosophy seems to be working. This is a country of 1.3billion people that didn’t know what sponsorship was 20 years ago. So I began adapting and learning how to swim with the rest of them.

On the 8^th day of the 8^th month at 8 minutes past 8 everything came alive. The Olympics brought China a new dawn. People around the world sat up during that Opening Ceremony and watched in awe as the Chinese put on a show that none of us can forget. The Games lived up to the hype too, with broken world records galore, stories of heroism, redemption, tears, passion, politics and joy. Just what the Olympics have always and will always be about. The China medal machine worked perfectly, churning out more golds than they ever could have imagined and the Chinese people who I talked to during the Games and around Beijing this year were truly proud to be a part of everything Olympic.

For the Chinese sports industry it was a turning point too.  In terms of knowledge, the Chinese people now had first hand experience of how worldwide sponsors activate, how global superstars were marketed, how huge events came to fruition and what the Olympic spirit was all about. In terms of lessons learned, it was one of the best. Now Chinese consumers demand more and expect more, they are more intelligent when it comes to brands and now sports sponsorships in China, following the models from the US and Europe.  Chinese businesses are no longer about slapping a logo on an event or sports star and hoping for the best.

The number of sports agents in China is increasing at a rapid rate, the number of sports marketing agencies is rapidly flooding the market and the amount of control and say the federations get is beginning to decline as the industry becomes more and more commercialized. China’s time is coming and the big leagues and associations such as the NBA, the NFL, the MLB, the English Premier League are already jumping on the bandwagon. The opportunities continue to rise, so grab you phrasebooks everyone, 2008 was a good year for the China sports industry, 2009, 2010, 11, 12 promise to be even more fruitful. My psychic friend said so.

2008: A Year in the China Sports Industry from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Depending on where you look, the United States finished either first or second in the medal standing at the Olympics. They had the most medals, beating China 110-100 but had less gold medals. However, using another method, comparing medals to population, reveals entirely different results and a 17^th place finish. Led by Bolt and the track team, Jamaica actually had the greatest amount of medals per population. Jamaica won an astounding medal per every 255,000 living in the country, including infants, small children and seniors. By comparison, the United States won a medal for only every 2,762,000 people.

These results were obviously influenced by Bolt’s dominance on the track, but likewise, the United States had an athlete that did pretty well in the pool. Based on the method of population/medals, 2^nd in the ranking went to Australia while Cuba finished 3^rd. Held down by a population of over 1.3 billion people, China finished 20^th out of the 20 countries measured (the top 20 in overall medals were compared). Belarus’ performance should certainly be noted. They finished 4^th overall in population/medal ratio of the top 20 countries. What is especially impressive about this feat is, of the 20 countries, Belarus’ GNI (gross national income) per capita is only $4220, lower than 13 of the other countries. By comparison the GNI per capita in the United States is $46,040.

I thought this would just be an interesting thing to look at and I had no preconceived notions before looking at the statistics. What they reveal is that the United States might not be the most athletic country but rather one that benefits from its large population and economic strength. Given that the United States has the highest GNI per capita on the list and the 2^nd highest population, dominance in the medal standings should be achieved. It also shows Canada finished about where it should; Canada finished 10^th in population/medals while having the 4^th highest GNI per capita on the list.

While a simple statistical analysis obviously does not prove anything, and is not protracted over any length of time, Australia, Cuba, Jamaica, Belarus and Kazakhstan should be especially happy with their athletes’ performance at the Olympic Games. For complete results and sources, please see the attached spread sheet.

Who Really Won in the Medal Standings at Beijing – Jamaica? from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Well, that comment and his notable skills during only four games in group play caused NBA commissioner David Stern and the NBA legal counsel to advise NBA teams of their rights when dealing with Iranian players.

In the letter, which was sent to all NBA teams Friday, the NBA legal counsel wrote: “It has come to our attention that representatives of Hamed Ehadadi, an Iranian basketball player, may be contacting NBA teams to discuss the possibility of signing Mr. Ehadadi to an NBA player contract. We have been advised that a federal statue prohibits a person or organization in the United States from engaging in business dealings with Iranian nationals.”

Ehadadi was asked in a press conference if any NBA teams had contacted him so far. He replied by stating that two or three NBA teams had already contacted him, including the Memphis Grizzlies.

In Iran’s four losses in Pool B of the Olympics, Ehadadi averaged 16.5 points, 10 rebounds and 2.5 blocks. He is considered a project by many NBA teams, but recently has shown improvement with his inside game, showing more strength than in previous settings. Ehadadi also has shown that he can block shots. His most impressive attribute however, remains his height. At seven-foot-two, the young 23 year old is a project that many NBA teams would like to start working on right now.

Currently, the NBA is applying to the U.S. Office of Foreign Assets Control to get a license that would allow any NBA team to negotiate with Ehadadi. Until the NBA gets permission, no franchise is allowed to discuss anything with the HUGE Iranian.

I wonder if the NBA will investigate any of the three teams that have contacted Ehadadi already. If Major League Baseball investigated Manny’s situation after he was traded to L.A. then David Stern will certainly be looking more into this situation and the NBA teams involved. I do not believe it will result in anything substantial, but contacting an athlete who cannot be legally contacted is a violation of NBA rules.

No Iranians Allowed In The NBA from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Even though there is a small window for swimming to catch mainstream America and the rest of the world’s attention, many, including myself, believe that Phelps will be one of the highest paid athletes in terms of endorsements for at least the next five years. Personally, I think Carlisle needs to forego sleep and start racking up the deals right now, while Phelps still holds the spotlight. He still has about another two weeks before he begins to fade a little. Phelps will go to England to help “begin” preparations for the next Summer Olympics at the conclusion of the Beijing Games and then will hit the late night and early morning TV circuit. Now is when Phelps will receive his largest endorsements.

Phelps automatically will receive $1 million for winning more than seven gold medals. Speedo guaranteed the prize money prior to the Games. Phelps ended up adding one more to his belt just for fun, finishing with eight golds. Tiger Woods makes about $100 million annually from prize money and endorsements. Phelps will never see that kind of money, but his agent says that over Phelps’ lifetime, the swimmer will receive roughly what Tiger makes in one-year, which is extremely impressive for a guy who makes his living in a pool. Some say $100 million is an aggressive number for Carlisle to put out there. I think that it is rather modest. Phelps was making about $5 million per year before he completely took the world under his broad shoulders this summer. Within the next year alone, his income from endorsements should at least triple, especially if a bidding war erupts between Speedo and Nike. Even Phelps’ mom is getting endorsement opportunities.

Cash in now, young man, but play it smart. You have many years ahead of you where you have potential to make big money. If Carlisle aligns his client with the right sponsors, he will undoubtedly makes Phelps a nine-figure swimmer.

Dealing With My Phelps Man-Crush from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Monday night’s Olympic uneven bars competition at Beijing’s National Indoor Stadium felt even less fulfilling than that.

China’s diminutive (and very possibly underage) gymnast, He Kexin was the first competitor. After some apparent minor deductions, He received a score of 16.725. Next up was Nastia Liukin of the United States, the 18 year old who had already captured the gold in the individual all-around. After a nearly flawless routine, Liukin was given the exact same score as He (16.725). But when Liukin’s score flashed up on the board, He had a 1 in front of her name and Liukin had a 2 (the tiebreaking procedure is programmed into the scoreboard computer). Though Liukin and He had the exact same score, He was awarded the gold medal because she received a lower average deduction (0.933) than Liukin (0.966). Liukin had to settle for silver.

The 1996 Atlanta Olympics was the last time double or even triple medals were awarded in the event of a tie. But after 1996, the International Olympic Committee said judged sports needed a tiebreaking procedure, and Monday night it was used to decide two gold medals (in the men’s vault, Poland’s Blanik won gold over France’s Thomas Bouhail in a tiebreaker after both had an average of 16.537 for their two vaults).

Even the president of the international gymnastics federation (FIG), Bruno Grandi, admitted, “If you have the same score, you should get the same medal.”

Liukin now has four medals — gold in the individual all-around, two silvers and a bronze — and she will go for a fifth medal today on the balance beam, where she is the world champion.

Monday night’s uneven bars competition (and that somewhat tarnished silver medal) will be a constant reminder to Liukin (and the rest of the world who watched) that sometimes a tie doesn’t even measure up to a sister’s kiss. With the rules now in place in Olympic gymnastics, a tie is like no kiss at all.

No Kiss At All from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules