Lecture Outline – September 4, 2007

HPER K511 – Sports Law

Ryan M. Rodenberg, Esq.

Lecture Outline – September 4, 2007 

INTRODUCTION

SPORTS AGENTS

History of Sports Agents

Who are Agents?

Agency Law Principles

Regulation of Agents

Unions (see below)

Federal law

State law  

Individual Universities

MRPC

Role of the Player Unions 

Agent Fees

Team sports  

Individual sports 

Other Work Besides Individual Athletes

CASE STUDY – U.S. v. WALTERS

What did Walters do? Why did this dispute arise?  What was the three count indictment?  How did Walters plead?  What was the primary issue on appeal? What is the prosecutor’s mail fraud argument?   Why does the prosecutor’s argument fail?  

SMALL GROUP DISCUSSION

Ima Starr works as a sports agent for Big Time Agency (“BTA”).  BTA is a full-service sports marketing company located in San Francisco, California.  Before starting work at BTA, Mr. Starr worked as a litigation attorney in New York City.  Mr. Starr is licensed to practice in New York, but not California.  In his capacity as a BTA employee, Mr. Starr represents a 22 year old pro golfer named Brenda Birdie.  Ms. Birdie is currently #8 in the LPGA rankings.  In addition to representing individual athletes, BTA owns and manages a number of LPGA golf tournaments.  One of the tournaments owned and managed by BTA is the upcoming Reebok New York LPGA Open presented by Visa (“Reebok Open”).  Last year, Mr. Starr negotiated a lucrative Nike endorsement agreement for Ms. Birdie.  Mr. Starr’s boss at BTA just called him and told him that he needs to convince Ms. Birdie to play in the Reebok Open for an appearance fee of no more than $25,000.  If Ms. Birdie doesn’t play, Mr. Starr’s boss said there could be “repercussions.”  When Mr. Starr told Ms. Birdie about the Reebok Open, she said she wasn’t interested, citing her deal with Nike.  She said it would take at least $100,000 to get her to play in the Reebok Open.  How does Mr. Starr reconcile the instructions from his boss and the fiduciary duty owed to Ms. Birdie?  Does Mr. Starr have any potential problems coming up under the Model Rules of Professional Conduct? The small groups are below.  The first person listed in each group is the spokesperson for the group.  If the first person listed in the group is absent, the second person listed in each group is the spokesperson for the group.

Group #1

Anderson, Andrew Bret
Arth, Christopher Robert
BATLEY, BILAL
Breiner, Katherine Elizabeth
Cha, Eun Suk
Chung, Jinwook
Collins, Ian Richard

Group #2

Crawford, Derek Allan
Crowell, Kimberly Ann
Greenspan, Benjamin M
Horita, Tasuku
List IV, Walter Gordon
muehling, michael james
Neal, Rande Sharrell

Group #3

Portillo, Roberto
Puls, Michelle Kristen
Qadri II, Motaqid Haider
Rynne, Kevin William
Sampson, Kellen Matthew
Sargent, Joseph Michael
Schuster, Daniel Thomas

Group #4

Shea, Kathryn Elizabeth
Shore, Sarah Elizabeth
Snyder, David W L
Stechschulte, Abbie Renee
Swander, Kevin Andrew
Vallario, Lionel Anthony

QUIZ

This quiz counts for 3% of your final grade.  This quiz is being announced ahead of time.  Future quizzes will be unannounced.