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AGENTS

AGENTS. Issues Discussed. Conflicts with Players Illegal acts during representation Negligent representation Breach of fiduciary duty Conflicts of Interest Recruiting of college players Enforceability of fraudulently back-dated contracts Criminal penalties Tort remedies

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AGENTS

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  1. AGENTS SPORTS LAW FALL 2010

  2. Issues Discussed • Conflicts with Players • Illegal acts during representation • Negligent representation • Breach of fiduciary duty • Conflicts of Interest • Recruiting of college players • Enforceability of fraudulently back-dated contracts • Criminal penalties • Tort remedies • Regulation of Agents SPORTS LAW FALL 2010

  3. Negligent Representation • Steve Bartkowski selected in '74 as the #1 pick of the NFL draft by the god-awful Falcons; on draft day, Bart announces that this is a dream come true... he would play for free in the NFL ... he wouldn't think about the WFL; agent fails to pursue WFL offers and can't get close to decent offer from Falcons • What should the agent do? SPORTS LAW FALL 2010

  4. 2/ Negligent Representation • Why was Bob Woolf potentially liable for advising client to sign with rival league, while Howard Zinn was not liable for advising client NOT to? SPORTS LAW FALL 2010

  5. Lions v Argovitz • Would contract be enforceable if Argovitz had fully explained conflict to Sims? • Agree with the court that the key breach of duty was failing to seek a final offer from the Lions? SPORTS LAW FALL 2010

  6. Walters v Fulwood • How are disputes arising under NFL agent-player contracts supposed to be resolved? • Why did the judge not follow the contract’s dispute resolution terms? • What is the basis for concluding that the entire transaction was an “illegal contract” • What is the basis for holding that violating NCAA rules is contrary to the public policy of the State of New York? SPORTS LAW FALL 2010

  7. Recruiting • Other than causing NCAA problems for schools, what is wrong with agents providing cash inducements to players? SPORTS LAW FALL 2010

  8. Sleazy Agents and Mail Fraud • Under government’s theory, who was victimized? SPORTS LAW FALL 2010

  9. Tortious Interference with Contract • Iowa law establishes elements for tortious interference w/ contract: • (1) plaintiff had a contract with a third-party; • (2) defendant knew of the contract; • (3) defendant intentionally and improperly interfered with the contract; • (4) the interference caused the third-party not to perform, or made performance more burden some or expensive; and • (5) damage to the plaintiff resulted SPORTS LAW FALL 2010

  10. Walters and Harmon • Could University of Iowa have sued Walters for tortious interference with their contract with Harmon? SPORTS LAW FALL 2010

  11. Agent Regulation • Is the marketplace for agents, and general criminal and tort law principles adequate to deal w/ abuses among sports agents? If not, why not? • Will regulation fix the problem? • do state statutes do the job? • suits against the union? SPORTS LAW FALL 2010

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