About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Memo [1] (February 28, 2014)

handle is hein.nccusl/nccpub4382 and id is 1 raw text is: Amended Uniform Athlete Agents Act Drafting Committee From: Paul Pogge, Associate Athletic Director, University of North Carolina Date: February 28, 2014 RE: Additional Thoughts for the Amended Uniform Athlete Agents Act Drafting Committee Thank you all for your continued efforts on this important initiative. With the great leadership of Dale and Jerry, I believe we are making significant progress. I spoke with Dale earlier today about several related matters and he asked that I share with all of you some of the thoughts we discussed. First, a number of people familiar with the professional representation industry are concerned with the increasing involvement of individuals who do not self-identify as agents or financial advisors, yet who nevertheless work with or solicit athletes for professional representation purposes. We have discussed many of these individuals already. One area which has seen marked growth in this type of activity involves the professional trainers who help prepare athletes for seasons or, especially at this time of the year, the NFL Combine or individual Pro Days. These trainers have been known to recruit on behalf of agents. In addition, there has been a marked increase in activity from business managers. Although these individuals usually do not have the credentials to become an agent, they often manufacture a job where one would otherwise not exist. For example, business managers usually offer to help coordinate travel, marketing, and/or non-profit work for an athlete despite the fact that most reputable agents already fulfill those roles for their clients. By convincing athletes to hire them for the aforementioned purposes, business managers are able to circumvent rules that would preclude them from being retained as agents. Nevertheless, athletes still need a certified agent in most cases to negotiate their contract with a professional team. Therefore, business managers are forced to either have the athlete negotiate the contract on their own or retain the services of a licensed agent in addition to the services they are providing. We have strong reasons to believe that this often leads to collusion between agents and various business managers, marketers, and other similar roles. Naturally, these scenarios also lead to additional and unnecessary financial obligations for athletes. Second, there has been some dialogue regarding the extent to which attorneys should be subject to the legislation. I believe it is important to reiterate that some very prominent issues confronting the industry have been presented by licensed attorneys and financial advisors. Therefore, it is imperative that we ensure that attorneys and financial advisors are among those governed by the proposed legislation. Moreover, it would be helpful to require professional representation entities themselves to register and require disclosure about their paid and unpaid personnel, services they provide, affiliated persons and entities, and current and former clients. To:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most