Positions, Interests, BATNA, ZOPA, NOPA
o Positions-Specific outcomes that each party wants
I want to feel full I want a new contract
o Interests- The reasons the parties want positions
So I wont have to eat more money
o BATNA (Best Alternative to a Nego
Ed OBannon lawsuit
o 2009: OBannon filed a lawsuit against the NCAA and its licensing arm, the Collegiate
Licensing Company, whose exclusive agreement with EA Sports makes it the only studio
permitted to create NCAA-themed video games.
Sam Keller also
Details of the new NFL collective bargaining agreement
o Length of agreement: 10 yrs. No opt out clause.
o Revenue split: Split used to be roughly 50/50. Now, players must average at least 47% of
o Drafted Rookies: New rookie wage scale dram
MLB Arbitration (more in CLASS 9 slides)
o A player with 3+, but less than 6yrs, may file for salary arbitration.
o Player can be classified as a "Super Two" and be eligible for arbitration with < 3 yrs of
service if he has accumulated at least 86 days o
Recruitment of prospective NFL player-clients (more in class 9 slides)
o As of June 1, 2012, NFLPA certified Contract Advisors are subject to sanctions by the
Association if they (1) use, (2) associate with, (3) employ or (4) enter into a business
Duty of Good Conduct
o An agent is subject to a duty not to act in a manner that makes continued friendly
relations with the principal impossible. The agent must not bring disrepute to the
o Ex. An agent saying something slanderous about a clie
Basics of a fiduciary relationship. (56:51)
o The fiduciary relationship results from the manifestation of consent by the athlete
to the agent that the agent will act on the athletes behalf and subject to the
o Arises because the athlet
Duty of Loyalty during the relationship (1:14)
o Unless otherwise agreed, an agent is subject to a duty to the principal not to use or
to communicate information confidentially given him by the principal or acquired
by him during the course of or on acco
UAAA (Uniform Athlete Agents Act) *Have to read the whole thing*
o Uniform Athlete Agent Act Requirement:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A
STUDENT-ATHLETE IN YOUR SPORT;
IF YOU HAVE AN AT
Maximum commissions an agent can receive in the major U.S. sports.
o NFL: Max fee of 3% of compensation (2% on Franchise/Transition tag, 1.5% on
second tag, 1% on third tag).
o NBA: 4% cap on contracts above minimum compensation.
Compensation = base sala
NCAA v. Tarkanian
o NCAA v. Tarkanian (1998) NCAA isnt a state actor for purposes of 14th
amend. Primarily because of its national reach and scope.
o Is NCAA a state actor? an entity with power possessed by virtue of state law
and made possible only beca
How to become registered as a Contract Advisor with NFLPA and NBPA.
o Lots of stuff. All detailed in the class 4 PowerPoint
Rules restricting agents from representing players and coaches.
Players associations stances on interim certification.* more