The entire event took place at the Renaissance Washington, D.C. Downtown Hotel.  It was sufficiently staffed, nicely decorated, and what is absolutely most important for this type of conference – it ran on-time.  But there were at least a couple of no-shows.  The panel titled, “Latest Development in Professional Sports Collective Bargaining” was supposed to be a discussion between Jeff Kessler (Dewey & LeBoeuf LLP) and Bob Batterman (Proskauer Rose LLP), moderated by my good friend Gabe Feldman (Associate Professor of Law and Director, Sports Law Program, Tulane University).  Understandably, Kessler and Batterman did not show for the panel, as they have to be careful about what is said with regards to the NFL Lockout.  The hole was filled well by Gary Roberts (Dean and Professor of Law, Indiana University School of Law [Indianapolis]) and Mark Levinstein (Partner, Williams & Connolly LLP).  Other than that, my only problem was that I arrived to no welcome package.  I had to wait about an hour to get the conference materials, but no big deal!

Gary Roberts kicked off the event with a fantastic wrap-up of almost every type of case and issue from the past year that had/has any relation to Sports Law.  The amount of focus on the NFL Lockout in this wrap-up and future panels was unsurprising.  Following that wrap-up was a panel on Media, Publicity, Fantasy Sports & Privacy Rights for Athletes.  Among the items discussed included the huge disparity between males and females with regards to participation in fantasy sports (93% of participants are male), right of publicity vs. first amendment rights, and some thought that courts are now favoring protection of first amendment freedoms over publicity rights.  The male:female ratio at SLA was not as bad as the fantasy sports disparity; maybe closer to 80% male.

The next panel was “Legal Impact of Agent Interference in Intercollegiate Athletics.”  I paid very close attention to the discussion between Anthony Agnone (President, Eastern Athletic Services), Rachel Newman Baker (Director of Agent, Gambling & Amateurism Activities, NCAA), Michael J. Powell (Managing Attorney, Office of the Secretary of State), and Allison Rich (Sr. Associate Athletic Director, Florida State University).  It was great to have Michael Powell on the panel, since his state recently made headlines for the bill its House and Senate just passed, which will allow a Texas state court to put a sports agent in prison for 10 years based on a violation of the bill (if it becomes law).  However, Powell tacitly admitted that his state selectively enforces its athlete agent laws.  While it is technically illegal to reach out to a student-athlete in Texas without being registered as an athlete agent with the state, his office will only tell the agent that such conduct is impermissible and that the agent must be registered.  But then why make it illegal in the first place?  What exactly is the harm of communication?  Further, when I asked Mr. Powell to justify why his athlete agent law provides potential criminal and civil liability for the sports agent who provides the benefit to the student-athlete, but does not hold the student-athlete accountable civilly or criminally for accepting the benefit, he could not provide any justification.  Allison Rich suggested that student-athletes are protected by Agent Days and that they should become more common around the country.  I disagree.  We are all ignorant if we believe that any student-athlete with a glimmer of hope of being drafted will not speak to an agent prior to a scheduled school Agent Day.  And why should student-athletes wait until those Agent Days, often scheduled in Spring just prior to graduation, to start discussions with agents who will potentially hold extreme power over the athletes’ futures?

The first day of the 2011 SLA wrapped up with a Town Hall Debate on the current state & legality of the college BCS system, moderated by Gabe Feldman.  The second day started with a panel on “Ethics for Sports Lawyers,” which ended up focusing heavily on sports agent issues.  One interesting discussion was based on the ethics behind representing coaches and players, management and players, and multiple players on the same team/position, along with the proper way of notifying all clients of the potential conflicts ahead of time.  At one point in time, it felt as though I was sitting through my 1L Professional Responsibility class, learning all the Model Rules of Professional Conduct.  But it certainly was not as bad, plus I was able to use my iPad (which my Professional Responsibility professor would not have permitted).  Michael Powell was on this panel, and spoke more about his state of Texas.  In the past, Texas was one of the few states that allowed business to be certified as agents.  That will be no more with the new law that is expected to be signed soon.  A very telling statement by Powell was, “The UAAA (Uniform Athlete Agents Act) says the states are all supposed to cooperate regarding agent regulation.  We are just starting now.”  Increased communication between states investigating the same agents could turn out to be very helpful for the states involved.  Hal Biagas (Executive Vice President, Wasserman Media Group) mentioned that it is near impossible for small agents/agencies to comply with state athlete agent laws.  He said that you need clients to be successful, but that it is extremely difficult to recruit those clients if you are paying all of the fees associated with the compliance with state athlete agent laws.  Michael Powell said that he cannot understand how a lawyer with a very active practice can also find the time to be a successful agent.  Based on Powell’s and Biagas’ statements, it does not seem to be a profession with its doors wide open for new entrants!

The SLA Luncheon was probably my favorite part of the entire event.  The food was great, but the speech was even better.  Ted Leonsis (Owner, Washington Capitals and Washington Wizards) captured the audience’s attention with stories that included a recent pizza delivery where the delivery boy thanked Leonsis for a generous tip, but responded by telling Leonsis that he hopes the Capitals do not choke again next year.  I am fascinated by Leonsis, because he is probably one of the few owners who actually understands the importance of technology and making his teams’ fans feel as though they are a part of the game.  It certainly does not help that he has a storied past with AOL.

Perhaps even better than the Luncheon was the networking.  I was finally able to meet many people who I have spoken to over the years since starting this website.  I thank each and every one of you for the kind words and hope that you continue to be a part of this site.

I will not go into too much detail about the break-out sessions, but hopefully the Teaching Sports Law session will help me as I begin to teach at Indiana University Bloomington in the Fall.  I look forward to hopefully attending SLA in 2012 in San Diego, California.  Until then, be ethical, successful, and tell someone on the SLA executive committee to turn down the air.  I’m still shivering.

Wrap-Up: 2011 Sports Lawyers Association Annual Conference from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: Monday, June 20, 2011 (5:15 p.m.)

Where: Sun Life Stadium (Florida)

This event will include networking between attendees, a speech by Florida Marlins General Counsel Derek Jackson, and Bullpen Box tickets for the 7:10 p.m. game between the Florida Marlins and the Los Angeles Angels of Anaheim.

Cost: $30 (Includes tickets to the Florida Marlins vs. Los Angeles Angels of Anaheim. Email Bram Maravent (bram.maravent@gmail.com) for more information.  The order form is below.

Florida Marlins Sports Lawyers Association Night from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Football

• A must love/hate Rosenhaus quote – “I love to hear myself speak” [Drew Rosenhaus: From Law Student to NFL Power Broker].
• This year, the hour after the NFL Draft ended was not so busy for agents [Lockout keeping Rutgers' undrafted players shut out from NFL].
• Which players will choose sooner playing time and acceptance over a chance in the NFL? [UFL aggressively trying to poach undrafted rookie free agents]

Basketball

• He helped Z-Bo get a 4-year $71 million contract [The Business of Sports: Raymond Brothers, Esq.].
• The background of this website makes me dizzy.  Good interview, though [Checkerboard Chatting with Sports Agent, Jared Karnes of A3-Allegiant Athletic Agency].

Baseball

• Jim Callis thinks that teams are going to pay top dollar for talent this year because it may be the last time they can pay high school players over-slot bonuses [Jim Callis Chat: April 27].
• For when you have a lot of time to kill [All-Time Draft Database].

Miscellaneous

• Calling on Ron Shapiro for help with negotiations [Famed Sports Agent Helps Hopkins Nurse Exceed in Business].

Shabbat Shalom: Friday Wrap-Up (5/6/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Basketball

• A nice article on Dynasty’s former head of basketball, Austin Walton [Hooplaw: The Life and Times of a Sports Agent].
• A good lesson for young, talented players [Selby's disappointing college career bad sign for pro future].

Baseball

• At least Brian Peters’ iPad presentation of Carl Crawford was memorable [A PERFECT STORM FOR CRAWFORD . . . AND WELLS].
• Harsh title [The MLB Agents Who Rip Off Teams The Most].
• Scouts are salivating over high school pitchers and outfielders [Stock watch: 2011 class one for ages].

Football

• Supposedly telling future rookies to not attend [NFL attempting to sabotage NFLPA event].
• Ben Dogra sees the plan as a restriction on players [NFL's rookie pitch frees $1.2B by 2016].

Sports Law

• Concerning the top sports transactions of 2010 [Sports Lawyers Association and Sullivan and Worcester Panel: Boom Goes the Dynamite!].

Shabbat Shalom: Friday Wrap-Up (4/15/2011) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Take advantage of this great opportunity to network with sports & entertainment lawyers from around the Detroit, Michigan area and speak to business and legal professionals from the Pistons!  Hurry, though.  The deadline to order tickets is this Friday, April 8, 2011.  For the full size poster/order form, please click here, or find it below.

SLA & NSELS Night @ The Palace from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: May 19-21, 2011

Where: Renaissance Hotel, Washington D.C. (map)

Easiest to learn about the panels, cost, registration, and other pertinent information by sifting through the brochure, which is embedded below.

Attire: Business casual

2011 Sports Lawyers Association Conference from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: February 2, 2011 (6 p.m.)

Where: Prudential Center, Newark, New Jersey (map)

The event consists of a pre-game panel discussion, networking, and lower level tickets to the Nets vs. Sixers.  Featured speakers include Jeff Gewirtz (Executive Vice President & Chief Legal Officer, NETS Basketball) and Charlie Mierswa (Executive Vice President, Business Operations & Chief Financial Officer, NETS Basketball).

Cost: $20.  Tickets can be purchased through Matt Bish at the New Jersey Nets: mbish@njnets.com or (201) 635-3173.

Sports Lawyers Association Event At New Jersey Nets Game from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

Football

• I can’t imagine what Drew Rosenhaus thought to himself when he came across this [UScream: NFL Lineman Showers Live On Internet].
• Already talking about his endorsement appeal and he hasn’t even taken a snap yet with his new team [Will move to D.C. increase Donovan McNabb’s sponsor capital?].
• I would like to read more about financial advisors offering financial discipline to their clients [A rookie's most important business decision].
• A college football player’s take on the NCAA licensing players’ likeness during and after their collegiate careers [Should The NCAA Forever Own My Rights?].
• The not-so-glamorous world of negotiating low-round rookie contracts [Negotiating the lower-round rookie deals].

Baseball

• A good clause for agents to try to place in their vets contracts [Players Who Cannot Be Offered Arbitration].
• What actions teams have taken leading up to June 7-9 [Behind The Scenes Of The MLB Draft].

Sports Business

• My read of the week – about Hank Greenberg’s son, Steve Greenberg [The king of the sports deal].

Shabbat Shalom: Friday Wrap-Up (5/21/2010) from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

When: Wednesday, April 28, 2010 (Program: 6:00 – 7:00 p.m., Reception: 7:00 – 8:00 p.m.)

Where: Sullivan & Worcester LLP, One Post Office Square, 21st Floor, Boston, MA 02109 (map)

The Sports Lawyers Association and Sullivan & Worcester LLP will host a panel discussion of American Needle v. NFL and the potential impact the Supreme Court decision may have on the sports industry. The panel will include:

• Jack Mula, Of Counsel at Seyfarth Shaw; Formerly General Counsel, New England Patriots
• Professor Michael McCann, Vermont Law School
• Ryan Marth, Esq., Robins, Kaplan, Miller & Ciresi LLP
• Ed Weiss, General Counsel, New England Sports Ventures
• Wendi Nix, ESPN

Register here.

Panel Discussion On American Needle from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules

For the most part, the early portion of last week was spent trying to get some leads on a few NHL teams that I hadn’t noticed at the rink lately. At this point, I’ve got a pretty good idea as to where I think Andrey will go in this year’s NHL Entry Draft. While it’s only a projection, it is based off some things I’ve heard from scouts and it helps me gauge which teams will be more or less interested in taking him. With that in mind, I was able to narrow down a list of clubs to pursue more actively. I based my assessment on both the individual clubs’ style of play and also on whether each club had a good number of selections available this year in the rounds near where I think Kuchin’s likely to be picked. Fortunately, a few of the teams that I had put high on my list ended up being clubs who’ve sent a number of scouts down over the past couple weeks. Unfortunately, though, there were still a handful of clubs that Kuchin matched up with very nicely that I hadn’t noticed around. So it was back to the phones to leave another round of messages hoping to hear anything back.  I was able to touch base with a scout from one team I had my eye on, and while I once again wasn’t able to get any direct answers, there were a few things said that indicated that there was some definite interest. That’s the thing about team officials though – they know not to tip their hand. When I asked one particular scout who I’m fairly close with how I could get some information from the NHL clubs, all I got in response was “you don’t,” accompanied by a smile and a laugh.

On Thursday afternoon I made a trip into the city for a Sports Lawyers Association meeting. I’ve been a member of SLA for the past year, and just this past Fall, we started a Midwest chapter that has met a few times since then. We sat down for a short presentation regarding Family Law issues that commonly arise with professional athletes, and afterwards most of those in attendance stuck around for a little socializing/networking. I was able to meet a reader of this column, Rich Wallace (hope you don’t mind the shout out) as well as a few other people working in different areas of the sports industry. I recognized several faces from our past meetings, and with our annual SLA Conference taking place this May, hopefully I’ll be seeing them again soon.

For anyone not familiar with SLA, I encourage you to check it out. Besides enabling you to meet some great people, SLA puts on some terrific events. If you’re still in law school or graduated within the past two years, then I definitely suggest that you to look into membership – annual dues are extremely reasonable for individuals falling into that group. The SLA website can be found at www.sportslaw.org.

Friday morning it was off to Des Moines. For anyone not a “fan” of this column on Facebook, that night I was going to be meeting with members of the Drake University Sports Business Association and the Drake University Law School Sports and Entertainment Law Society. Overall, things went terrific – the students had some great questions and I hope that I was able to provide a little guidance. Special thanks should go out to Colin Hagan for putting everything together.

The next day the Steel were set to square off against the Des Moines Buccaneers at Buccaneer Arena. After I’d caught up on my email and ran a few errands,  I had a few hours to kill, so I swung by a local sports bar to catch a little bit of the NCAA Division I Men’s Hockey Regional action. If you’re not a big hockey fan, I suggest you check out the Frozen Four next weekend – without question it’s one of the most exciting tournaments in sports. Unfortunately, the scheduling forces it to compete with much of the Men’s Basketball tournament, so when I asked if they could put the Yale/North Dakota game on, I was escorted to a seat by a TV in the back corner of the restaurant. I was able to enjoy a cold drink and some food while I watched the first half of the game and then it was back in my car to head to the rink.

This was my first experience with Buccaneer Arena, and boy am I glad I decided to go. When I tried to picture what the rink would be like, I actually wasn’t too far off. If you’d like to see a picture taken from my vantage point, I have one posted on the Facebook page. Luckily, when I got to the rink and there wasn’t a ticket waiting for me at will call, I was able to speak with one of the events directors and when I told him I was Kuchin’s agent, he got me set up with one pretty quickly. He even was able to direct me to the hot spot for scouting activity. Not bad right?

During the game, I noticed a handful of guys who were obviously scouting with a team or teams, but it didn’t seem like there were too many in attendance. Andrey scored a goal on a nice defection in the first period, so I knew there’d be a little less pressure my initial approach. After the first period ended, I slid down and struck up a conversation with two of the guys I had noticed. It turned out that one was scouting for an NHL team and the other coached for an NCAA DI program. I brought up Andrey early in the conversation to try and get a feel for the interest level, but as expected, I wasn’t given much. The three of us spoke for most of the intermission about random aspects of our jobs and hockey in general. For the most part, I just want these guys to see that I’m a good guy that they can feel comfortable around. I want them to know that if they ever have any questions about any of my clients – in this case Andrey – they can call me without hesitation. Obviously, when I’m dealing with a college coach, there really isn’t as much immediate pressure (Andrey’s ineligible for NCAA play since he’s already played professional hockey in Russia), but at the same time, I still have younger kids whose families I advise, and knowing coaches at the NCAA level can certainly help out their situations.

With the goalie pulled late in the game, Kuch was able to bury a backhand shot for his 20^th goal of the season, but in the end, the Steel fell short once again – this time by a score of 4-3. Afterwards, I met with Andrey and Teddy (who by the way dressed the past three games) and was able to speak with them for a bit before they had to board the bus. Then it was back on the road for myself as well.

After a long five-hour drive, I pulled back into Chicago around 3:40am. I had considered staying over in Iowa City Saturday night, but sometimes all I want to do is sleep in my own bed. As long as I’ve got a little caffeine and some good music, sometimes driving at night is a great way for me to just have some time to myself. Come to think of it, lately it’s been the only time I have to myself.

With Andrey’s marketing packet close to completion, these next 48 hours or so will be spent putting the finishing touches on it. We still have some minor editing of his highlight DVD remaining, but once that’s done, which should be either today or tomorrow, we’ll be mailing them out to the teams we’re focusing most of our resources on. I should note that some clubs I’ve spoken with already have all his game film, so we’re really not too worried about them. Also, we should be posting the video on YouTube once it’s finished and I’ll be sure to keep you all posted via the Facebook Fan Page on that.

Well as I said, I have another busy week ahead of me. I apologize for the brevity of this week’s entry in comparison to those of weeks past, but I hope that my Facebook updates have been effectively filling any gaps in between. Thanks again to everyone I met with at Drake University this past weekend, and I hope you all have a terrific week. With that…it’s time to hit the showers.

Rookie Duties: Crunch Time from Sports Agent Blog - Sports Business, Sports Law, Sports Negotiations, NCAA Rules