Earlier this month, France won a World Cup qualifier against the Republic of Ireland to advance through to next summer’s finals. The winning goal has; however, been overshadowed by enormous media attention relating to allegations of cheating. FC Barcelona striker Thierry Henry provided the assist for William Gallas’ winning goal by illegally handling the ball not once, but twice. Neither handball was seen by the referee or his officials, and the goal was awarded well into extra time. Ireland could not recover from the incident and ultimately lost the tie as a result.

The outcry against Henry was huge. He has been labeled a cheat and a fraud, and his character will forever be called into question. Formerly known as a man of fair play, this article seeks to examine how it will again be possible to commercially exploit his status as one of the world’s greatest football players. Indeed, he has been branded as the best player ever to grace the English Premier League, arguably the best and strongest tier of football in the world. Furthermore, he has been praised worldwide for his ambassadorial role with, and commitment to, UNICEF.

Henry’s representatives have managed to secure some colossal commercial contracts for their client over the years. He has had contracts with Pepsi and Reebok. His largest success off the field was in the form of a lucrative multi-million dollar deal with Gillette. You may recall seeing him in these advertisements alongside fellow sporting greats Tiger Woods and Roger Federer. If not, here you go.

The problem now facing Henry and his representatives is how Gillette will decide to handle the renegotiation of this deal when the current one expires.

Any entity that seeks to use sporting superstars such as Woods, Federer and Henry will obviously look at the reputation of the individual that they wish to use as the face of their brand. Will Gillette be happy to re-sign Henry when the contract’s renewal is due? On his current form you would have to say no. The extent to which this recent incident has damaged Henry’s marketability cannot be underestimated.

The critical question is therefore how an agent can help his client to overcome such situations where his integrity has been seriously damaged. It is a problem that many of SportsAgentBlog’s aspiring readers may well have to encounter in their careers and so I shall suggest a few ideas as to how to tackle it – and would welcome further thoughts in the comment box below. Indeed, in many instances, the situation may well be irrecoverable but agents must protect the image of, and take care of their clients in general – that is what they are paid to do. So let’s take a look at some potential methods of recovery:

1. An Apology

The first act of a wrongdoer should be to apologize. An apology is an acknowledgment that what s/he did was wrong and also that s/he shows remorse for having carried out the relevant act. It would also be worth vowing never to perform a similar act again.

2. Stay out of the limelight

In the aftermath of an incident, there will be much publicity about it. Given its sensitive nature, it is probably a good idea to keep a low profile for a while to avoid inflaming matters further. Whatever a client proclaims publicly will be scrutinized in one way or another by the media. Probably best to steer clear altogether.

3. Perform well

The client’s success will often result from being a champion in his/her relevant field. Going back to the root of the original success is a good place to rebuild. They should therefore focus their attention on performing well in whatever it is that they do professionally, thereby reminding the world why they deserve their public image and status.

4. Engage in socially-approved activities

Things such as working with anti-racism campaigns, charities, children and the underprivileged are highly acclaimed by society at large. It is my opinion that this should not take place too soon after the damaging incident, to avoid coming across as narcissistic.

5. Turn the media in the client’s favor

All good agents out there will have formed contacts in the media. The best agents will have a few contacts that they have established very good relationships with. An agent should always try to stay onside with the media because if an incident like this arises, the agent might be able to positively influence what is written about their client.

6. Passage of time

As with many of life’s big challenges and difficulties, time is a great healer. If steps 1-5 are followed, time will accordingly help to make the negative incident a thing of the past. Some people will never forget what happened, and it may be that it is impossible to completely eradicate the damage to an individual’s reputation, but these steps (amongst others) should go a long way to helping.

The task of an agent in mending the broken character of a client is a tough one. Nonetheless, it can be done.

Believe it or not, David Beckham was hated in Britain after being needlessly sent off in a critical game against Argentina at the 1998 FIFA World Cup. He was booed at every stadium around the country and was singled out and blamed for England’s failure at the tournament. However, he is now adored not only in Britain but all around the world. He has since become the highest earner in football and has been the face of more brands than I dare to remember. He is frequently involved with charitable causes and is currently an ambassador for England’s 2018 World Cup Bid.

I have little doubt that Henry will be able to overcome this recent incident. However, it will be down to those representing him and negotiating his commercial activities, to help him achieve this outcome.

It will be fascinating to witness Henry’s transformation back from villain to hero once again.

Fifteen months on, and it would seem my conclusion has been heavily questioned. Despite not wanting to admit it, could I have been wrong? According to an independent report undertaken on behalf of FIFA, a proposed ‘6+5′ rule would not breach EU rules.

What is the ‘6+5′ rule? The rule establishes that at the beginning of a game, each team must field at least six players who would be eligible to play for the country in which that team plays. So for example, in each English Premier League game that Manchester United competes in, at least six of their starting eleven must be eligible to play for the England national team.

Under the EU rules on freedom of movement for workers, this would, on the face of it, represent an illegal restriction on the ability of EU citizens to move freely within the relevant industry/market. In essence, a soccer player who is an EU national might be restricted from plying his trade at a team because he is ineligible to play for the country in which that team is located. His place in the team might have to go to somebody who is eligible to play for that country. Thus, his right to freely move across the European Union might be restricted because of this rule. The EU rules on free movement were created to abolish and prevent such restrictions.

However, free movement rules can be circumvented where there is a legitimate justification behind the implementation of a restrictive provision such as the 6+5 rule. The Institute for European Affairs (INEA), which was the body responsible for FIFA’s independent report, has found that the rule does not conflict with EU law because it supports the creation and assurance of sporting competition:

“The 6+5 rule does not impinge on the core area of the right to freedom of movement. The rule is merely a rule of the game declared in the general interest of sport in order to improve the sporting balance between clubs and associations” said INEA.

The rule provides that there would be no limit on substitutions and no limit on the number of non-national players that teams can employ. However the team would be prohibited from fielding more than five non-nationals at the start of each game. So, whilst the rule may be indirectly discriminative, the report from INEA states that the rule “merely considers entitlement to play for the national team concerned, and any possible indirect discrimination can be defended on the basis of compelling reasons of general interest”.

INEA argues that, due to the completely open nature of the market at present, young talented players are discouraged from pursuing their dreams of playing soccer for their local teams because these teams are opting to recruit foreign players. These players normally come ready-trained and often represent a sound financial investment for the clubs.

There can be no doubt that an independent report such as this will assist FIFA in its quest to implement rules such as the 6+5 rule, however it must also be said that the report holds no legal standing. The ultimate decision makers are the European Commission and the European Government.

As determined, FIFA may be to bring these rules into operation, the EU commission is equally unwavering in its position to veto any such action. It is for this reason that I maintain my original conclusion that rules of this sort will not be sanctioned by the EU authorities; they remain illegal restrictions on the free movement of workers within the EU.

His original move to LA Galaxy from Real Madrid was seen as a revelation for the MLS. Before his arrival, 250,000 ‘Beckham’ jerseys were sold, prompting fanfare and worldwide interest in the Galaxy and the MLS. Attendances jumped, and US soccer benefited from his signature. The $250 million, 5 year deal, which included a mountain of sponsorship signed 2 years ago would have seen him signed through to the age of 37. Last season, despite David being a fantastic player, the LA Galaxy struggled, even with other ex-premier league star, Able Xavier, on their team they failed to make the playoffs.

So, being a world class player and one of the most marketable sportspeople in the world, why would LA want to sell him? Firstly, no team wants a player who doesn’t want to play for them. While I’m sure if the transfer falls through David will still give his best, there is no point LA stopping this deal. Galaxy has already made back the money they invested in David, so there would be no loss in him moving on. In terms of a team point of view, by releasing him the team could bring in another star under what was ironically known as ‘The Beckham Rule’, where only a portion of a marquee signing’s salary falls under the cap. A team is allowed 2 marquee players, so even without Beckham, $400,000 is freed for additional players.

So why wouldn’t they want to sell him? With David at the Galaxy the team is valued at about $100 million. This would fall by almost half, jeopardizing sponsorship for the club. Gate attendances would drop, merchandise sales lost. The impact would take some shine off the glamor club. Not to mention it may be difficult attracting a player of Beckham’s talent to replace him.

Taking a deeper look into his lucrative contract, Beckham may see some of those big bucks lost. Breaking it down at $50M a season, $10M is in his performance contract, $10M in merchandise sales, $20M in sponsorship and the last $10M in profit sharing from Galaxy. As you can probably tell $30M of that will be wiped instantly, however a move to Milan may see a similar performance contract and merchandise sales should still be in the same vicinity, as the Beckham brand is global. In terms of sponsorship, Beckham’s deals should stay relatively unaffected as they are worldwide companies. Any shortfalls of US specific marketing bonuses may be made up by new sponsors in Italy.  Italy, the home of fashion, presents a lot of opportunities. Despite David’s long list of sponsors, he still has some room for more. Fine living and luxury items such as fashion and cars are industries in which David may sign up with in Italy.

Obviously the move isn’t about money.  It’s about fulfilling his dream of trying to win a World Cup, and 2010 will most likely be his last chance. Galaxy have already dismissed AC’s first bid of between $10 and $20m, telling them to increase it. I guess time will tell whether they will.

Just when you thought all the Indian Premier League teams were finalized, they hold a second auction. Only a handful of International players were available this round.

Of the 28 players, 14 were Under 19 Indian cricketers. The Under 19 players were chosen by a draft system.

The most expensive player to be chosen this time round was James Hopes ($300,000), possibly off the back of his wonderful performance in the second final of the recent tri-series. [Hopes the biggest draw in low-profile auction]

Pakistan’s Twenty20 star performer Misbah-ul Haq was picked up for $150,000.

One of the biggest surprises of the day was the first and only England player to be playing in the tournament. Dimitri Mascarenhas was picked up by Hampshire. England was believed to not be involved in the IPL, as they have committed to an international tour during the time, not to mention it conflicts with the start of County cricket season. But Mascarenhas received a special exemption from his County side.

Matt Giteau re-signs

Good news for Australian Rugby this week with Matt Giteau signing on till the end of the 2011 World Cup. The Western Force five-eighth is an integral part of the Australian team, and was the highest paid player when he signed for the Western Force in their inaugural year.

However, Matt has inserted a clause in his contract which states that he has the right to negotiate terms with another Australian club for the 2010 and 2011 seasons. His contract with the Western Force expires at the end of 2009. [Brumbies return option for Giteau]

While the Force is disappointed he hasn’t committed for longer, Matt insists that it’s just in there because he had to think for the future and is very happy at the Force.

The clause has brought up speculation that Matt Giteau may return to where he began his Super 14 career- the Brumbies. ACT is where his family also resides.

Brumbies coach Laurie Fisher has expressed interest in signing Matt Giteau if he becomes available, and if Matt continues his fantastic form, the Brumbies will surely attempt to sign him.

Yao Ming is still King

Without Yao Ming, the Rockets are continuing on their winning streak by winning their 20th game tonight. But Yao is not a forgotten man.

Despite missing the rest of the NBA season, Yao’s marketability is still at a high. [Even on sideline, Yao is marketable]

China’s number 1 athlete earns around $25 million from endorsements every year. This includes deals with Reebok, Coke and Visa. Some of these sponsors including Coke, have tied Yao in with their Olympic Campaigns.

The ads featuring Yao and Olympic-related sponsors will remain, as their is still a hope that he will play.

The buzz that is generated around Yao at the moment is at an all-time high. The big question that is debated is will he play in the Olympics or won’t he, and thus Yao is receiving a large amount of coverage from the media. This will be refreshing news to Reebok, who is missing out on their main source of exposure- Houston games.

While the details of his contracts with sponsors are not known, he may suffer in the short term if there are clauses in regards to injury. But in the long run, he is still the No.1 athlete in China, and only 27, so there are many more sponsorship dollars to be made.

David’s Dilemma

Last week I did an extensive wrap on the new Indian Premier League and listed all the players salaries. One of the big surprises was that of David Hussey. David was bought for $625,000 by Kolkata, and was expected to play the whole tournament. This could be a reason why he went for nearly double the amount of his brother Michael, despite Michael being a regular in the Australian team.

However, David is also contracted to Nottingham, an English County side. By playing the IPL, David will miss the first five games of County, causing a dilemma for all parties involved. David’s salary is substantially lower for county, being only $80,000 per season. [County commitments may clash]

Currently all parties are trying to work out a resolution. Conflicting dates between clubs, countries and the IPL may occur for some time, as the ICC has not given the IPL a window.

So what options are there available for resolution? They may be:

1. David forfeits part of his wage in turn for missing a portion of the tournament.

2. Nottingham and Kolkota reach an agreement where David only misses say 3 games of Nottingham.

In other IPL news:

Justin Langer has reneged on his commitment on the IPL, citing he will play for his County side Sommerset. Also a couple more Australian players are in talks to join- Luke Ronchi and Luke Pomersbach. [David Hussey in doubt, Langer pulls out]

A League Update

The A League will expand from 8 to 10 teams next season, with Gold Coast Galaxy and North Queensland Thunder the two new teams. Gold Coast Galaxy are wasting no time searching for their marquee player, with Portsmouth striker Kanu being linked to the club. [Kanu Linked With Move Down Under] However, Harry Redknapp, Portsmouth’s Manager, has dismissed this move.

In other A Leage news:

Tom Pondeljak has signed with the Melbourne Victory for 2 years. The former Central Coast Mariners defender played in their losing Grand Final last weekend. Also, Nick ward has singed a 1 year extension to his deal at Melbourne Victory. [Pondeljak returns to Melbourne]

Nike managed to outbid both Adidas and French company Airness to the surprise of soccer enthusiasts that had just witnessed Nike get rejected by German soccer groups in 2007. The French national team called Les Bleus will still wear Adidas apparel, footwear, and equipment at this year’s European Championship and during the 2010 World Cup if it qualifies. But if Nike is a company of its word, expect many more elite teams to be offered substantial amounts of money to convert over to the Evil Empire.

Another story to note is that Nike recently bought England’s Umbro PLC for $566 million in a deal that should be approved in March. Umbro’s line of gear is sold in excess of 90 countries and is the official uniform of England, Ireland, Sweden, and Norway’s national soccer teams. Additionally, Umbro provides apparel, footwear, and equipment to six teams in the English Premier League and more than 100 other professional teams around the globe. With this kind of portfolio, what competitors are left to hold Nike back? Anyone doubt whether in two years Nike will accomplish becoming the worldwide leader in soccer?