How to Play the Game: What Every Sports Attorney Needs to Know, Third Edition

There is a distinction between a sports lawyer and all other types of practitioners. It requires a deep understanding of the nuances that largely affect athletes, their representatives, and companies providing products and services in the space. It also necessitates an acknowledgment of and ability to effectively communicate and craft relationships with power brokers who may provide financial services, accounting, managerial services, or the like in the specific space.

How to Play the Game, by Miami-based attorney and sports agent Darren Heitner, is the go-to source for anyone interested in getting into the field of sports law. It discusses the laws that govern the sports industry, from contract drafting and negotiation to antitrust issues, intellectual property matters, and labor law concerns. It also discusses the role of players’ associations, the power of sports commissioners, sports betting regulations, and more.

But what makes it truly unique are the real-life case studies involving recognized professional and college sports figures as well as anecdotes from Darren’s own experiences as a sports attorney, agent, and media spokesperson for college and professional sports industries. In addition, an appendix contains examples of legal documents--including professional contracts—with which any sports attorney/agent needs to be familiar. In short, if you want to play the game, you need to read How to Play the Game.

Praise for the First Edition of How to Play the Game

“The subject matter related to Sports Law is immense. Much in the way International Law is hard to nail down, as virtually every area of law is present in the context of International Law,  Sports Law   is similar and encompasses many practice areas including, but not limited to, contract, tort, estate planning, intellectual property,  labor and employment law, anti-trust, family law, criminal law, litigation, negotiation . . . and the list goes on. If you are looking  for a summary of all of these practice areas in about 200 pages, I wish you luck finding it. If you are looking for a survey of topics relevant to your Sports Law practice, with small case studies to provide practical examples of issues you may encounter, then Darren has provided just that for you in his book How to Play the Game: What Every Sports Attorney Needs to Know. One builds a Sports Law practice, or any law practice, one brick at a time. This book is one brick, use it, and others, to build a strong foundation  for your practice.”
—Attorney Alexander Scott Dennison

“Mr. Heitner has set the bar with his work. This book is without a doubt the definitive go to piece in the industry. The in-depth knowledge, analysis and factual statements are 100% on-point. Every university with a Sports and/or Entertainment Law/ Management program should make How to Play the Game a mandatory read.”
—Travis Bell, Founder and CEO of The Seven Bridges Group

1143280414
How to Play the Game: What Every Sports Attorney Needs to Know, Third Edition

There is a distinction between a sports lawyer and all other types of practitioners. It requires a deep understanding of the nuances that largely affect athletes, their representatives, and companies providing products and services in the space. It also necessitates an acknowledgment of and ability to effectively communicate and craft relationships with power brokers who may provide financial services, accounting, managerial services, or the like in the specific space.

How to Play the Game, by Miami-based attorney and sports agent Darren Heitner, is the go-to source for anyone interested in getting into the field of sports law. It discusses the laws that govern the sports industry, from contract drafting and negotiation to antitrust issues, intellectual property matters, and labor law concerns. It also discusses the role of players’ associations, the power of sports commissioners, sports betting regulations, and more.

But what makes it truly unique are the real-life case studies involving recognized professional and college sports figures as well as anecdotes from Darren’s own experiences as a sports attorney, agent, and media spokesperson for college and professional sports industries. In addition, an appendix contains examples of legal documents--including professional contracts—with which any sports attorney/agent needs to be familiar. In short, if you want to play the game, you need to read How to Play the Game.

Praise for the First Edition of How to Play the Game

“The subject matter related to Sports Law is immense. Much in the way International Law is hard to nail down, as virtually every area of law is present in the context of International Law,  Sports Law   is similar and encompasses many practice areas including, but not limited to, contract, tort, estate planning, intellectual property,  labor and employment law, anti-trust, family law, criminal law, litigation, negotiation . . . and the list goes on. If you are looking  for a summary of all of these practice areas in about 200 pages, I wish you luck finding it. If you are looking for a survey of topics relevant to your Sports Law practice, with small case studies to provide practical examples of issues you may encounter, then Darren has provided just that for you in his book How to Play the Game: What Every Sports Attorney Needs to Know. One builds a Sports Law practice, or any law practice, one brick at a time. This book is one brick, use it, and others, to build a strong foundation  for your practice.”
—Attorney Alexander Scott Dennison

“Mr. Heitner has set the bar with his work. This book is without a doubt the definitive go to piece in the industry. The in-depth knowledge, analysis and factual statements are 100% on-point. Every university with a Sports and/or Entertainment Law/ Management program should make How to Play the Game a mandatory read.”
—Travis Bell, Founder and CEO of The Seven Bridges Group

89.95 In Stock
How to Play the Game: What Every Sports Attorney Needs to Know, Third Edition

How to Play the Game: What Every Sports Attorney Needs to Know, Third Edition

by Darren Heitner
How to Play the Game: What Every Sports Attorney Needs to Know, Third Edition

How to Play the Game: What Every Sports Attorney Needs to Know, Third Edition

by Darren Heitner

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$89.95 

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Overview

There is a distinction between a sports lawyer and all other types of practitioners. It requires a deep understanding of the nuances that largely affect athletes, their representatives, and companies providing products and services in the space. It also necessitates an acknowledgment of and ability to effectively communicate and craft relationships with power brokers who may provide financial services, accounting, managerial services, or the like in the specific space.

How to Play the Game, by Miami-based attorney and sports agent Darren Heitner, is the go-to source for anyone interested in getting into the field of sports law. It discusses the laws that govern the sports industry, from contract drafting and negotiation to antitrust issues, intellectual property matters, and labor law concerns. It also discusses the role of players’ associations, the power of sports commissioners, sports betting regulations, and more.

But what makes it truly unique are the real-life case studies involving recognized professional and college sports figures as well as anecdotes from Darren’s own experiences as a sports attorney, agent, and media spokesperson for college and professional sports industries. In addition, an appendix contains examples of legal documents--including professional contracts—with which any sports attorney/agent needs to be familiar. In short, if you want to play the game, you need to read How to Play the Game.

Praise for the First Edition of How to Play the Game

“The subject matter related to Sports Law is immense. Much in the way International Law is hard to nail down, as virtually every area of law is present in the context of International Law,  Sports Law   is similar and encompasses many practice areas including, but not limited to, contract, tort, estate planning, intellectual property,  labor and employment law, anti-trust, family law, criminal law, litigation, negotiation . . . and the list goes on. If you are looking  for a summary of all of these practice areas in about 200 pages, I wish you luck finding it. If you are looking for a survey of topics relevant to your Sports Law practice, with small case studies to provide practical examples of issues you may encounter, then Darren has provided just that for you in his book How to Play the Game: What Every Sports Attorney Needs to Know. One builds a Sports Law practice, or any law practice, one brick at a time. This book is one brick, use it, and others, to build a strong foundation  for your practice.”
—Attorney Alexander Scott Dennison

“Mr. Heitner has set the bar with his work. This book is without a doubt the definitive go to piece in the industry. The in-depth knowledge, analysis and factual statements are 100% on-point. Every university with a Sports and/or Entertainment Law/ Management program should make How to Play the Game a mandatory read.”
—Travis Bell, Founder and CEO of The Seven Bridges Group


Product Details

ISBN-13: 9781639050406
Publisher: American Bar Association
Publication date: 05/02/2022
Sold by: Barnes & Noble
Format: eBook
Pages: 238
File size: 2 MB

About the Author

Darren Heitner is the Founder/CEO of Dynasty Dealings, LLC, Professor of Sport Agency Management at Indiana UniversityBloomington, Co-Founder of Collegiate Sports Advisors (CSA), Contributor at FORBES, and Founder/Chief Editor of Sports Agent Blog, a leading niche industry publication. He is an attorney with Wolfe Law Miami, P.A. who is licensed to practice on the state and federal level, and focuses on sports, entertainment, and intellectual property litigation and transactional work.

In 2010, Darren was named to Miami, Florida’s Power 30 Under 30 in the Sports category along with the MLB’s Hanley Ramirez, NBA’s Udonis Haslem, and NFL’s Ronnie Brown. In 2011, Darren was named to SportsPro Media’s 10 NEXT, which honors ten stars of the sports business industry under the age of 30 that have achieved a level of success that is truly rare at such a young age. In 2012, Darren was chosen as a Florida Legal Elite Up and Comer for 2012 (top attorneys in Florida under 40 years of age) and was named to Sports Launch Magazine’s Thirty Under 30 Award winners in sports business. In 2013, Darren was chosen as a Rising Star by a Daily Business Review panel of judges and was among the 40 young attorneys with the highest ratings.

Darren has a Bachelors of Arts from the University of Florida and a Juris Doctor (J.D.) degree from the same institution.

Table of Contents

Foreword xiii

Introduction xv

Chapter 1 Collective Bargaining Agreements 1

NFL Concussion Litigation 2

Lockouts and Strikes 11

Disparity in Baseball 13

Baseball's Arbitration System 18

Chapter 2 Amateurism 25

The NCAA's Concept 26

Employer-Employee Relationship 35

Stipends for Players and the Pay-for-Play Scenario 37

Likeness Issues 39

The NCAA's Jurisdiction over Agents 42

Chapter 3 Athlete Agents 47

Fiduciary Duties 49

Registration and Certification 53

Noncompete Provisions with Agencies 61

Agency/Player Disputes 66

Agent/Agent Disputes 69

Chapter 4 Intellectual Property Matters 75

Trademarks 75

Right of Publicity 81

Copyright 84

Cybersquatting 90

Chapter 5 Gambling and Gaming 95

PASPA 95

Litigation Arising from Sports Betting Prohibitions 99

Contest or Sweepstakes? 104

Fantasy Sports 107

Chapter 6 Ethics 113

Conflicts of interest 114

Unauthorized Practice of Law Issues 119

Chapter 7 Drug Testing and Use 125

Major League Baseball 126

National Football League 132

Lance Armstrong's Battle with the USADA 134

Chapter 8 Contract Drafting and Negotiation 137

Morals Clauses 138

Naming Rights Deals 142

Artful Negotiation 146

Chapter 9 Antitrust 151

Antitrust Threshold Issues 152

Types of Antitrust Violations 153

Brady v, NFL and the Nonstatutory Labor Defense 156

Afterword 159

Acknowledgments 167

Appendix A Form Sponsorship Agreement 169

Sponsorship Agreement 169

Recitals: 169

Agreement 170

1 Term 170

2 Arena Manager and Team Obligations; Conditions and Limitations 170

3 Signage/Sponsorship Conditions and Limitations 170

4 Sponsor's Obligations 172

5 Representations and Warranties 172

6 Nba Rules 173

7 Broadcast Rights and Copyright Retention 173

8 Government Regulations and Broadcast Acknowledgement 174

9 Use of Trademarks and Service Marks 174

10 Termination 175

11 Relocation 176

12 Force Majeure; Labor Disputes 176

13 Taxes 177

14 Notices 177

15 Choice of Law 177

16 Reservation of Rights 177

17 Dispute Resolution 178

18 Waiver 178

19 Binding Effect and Assignment 179

20 Entire Agreement; Modifications 179

21 Confidentiality 180

Schedule A Inventory 180

Schedule B Exclusivity 180

Appendix B Student-Athlete Statement, NCAA Division I 183

Form 13-3a Academic Year 2013-2014 183

Part I Statement Concerning Eligibility 184

Part II Buckley Amendment Consent 185

Part III Affirmation of Status as an Amateur Athlete 187

Part IV Promotion of NCAA Championships, Events, Activities or Programs 187

Part V Results of Drug Tests 187

Part VI Incoming Transfers-Previous Involvement in NCAA Rules Violations (s) 189

Part VII Incoming Freshmen-Affirmation of Valid ACT or SAT Score 189

Appendix C NFLPA Marketing Representation Notice 191

Appendix D NFLPA Section 5 Grievance Filed by Agent John "JR" Rickert v. Audie Attar 193

Section 5 Grievance 193

Before Arbitrator Roger Kaplan 194

Request for Relief 195

Certificate of Service 196

Appendix E Pablo Sandoval Preliminary Report 11/5/11 197

Index 205

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