Darren A. Heitner, Esq.

The Sports & Entertainment Attorney

Publications

Virginia Sports & Entertainment Law Journal

Co-Author

Spring 2011

The article, In Baseball's Best Interest?: A Discussion of the October 2010 MLBPA Regulations Governing Player Agents, argues that the Major League Baseball Players Association (MLBPA) Regulations Governing Player Agents (as Amended Effective October 1, 2010) are well intentioned, but unenforceable and not in the best interests of MLB players.

Harvard Journal of Sports and Entertainment Law

Co-Author

Spring 2011

The article, Corking the Cam Newton Loophole, a Sweeping Suggestion, discusses the emerging Cam Newton style "pay to play" scenario. The paper outlines the current regulatory schemes available to police NCAA athletes, their family/friends and prohibited athlete-agent conduct, explains why current NCAA legislation fails to deter athlete-agents from recruiting scholar athletes while they are still amateurs, introduces the reader to a concept known as the "Cam Newton Loophole" and provides the reader with a factual background of the Heisman Trophy winner's time as a scholarly athlete, presents the reader with discussion and analysis regarding recent scandals where notable NCAA athletes received impermissible benefits, and unveils the authors' proposed solution to deter individuals from engaging in the above-referenced prohibited conduct that violates the NCAA's principle of amateurism.

NYU IP and Entertainment Law Ledger

Author

April 2011

The article, You May Not "Like" This Title: Everything Stored On Facebook Is Discoverable, discusses how Facebook has revolutionized the way that people communicate and do business by providing an open and connected environment for individuals and businesses alike. This openness has largely contributed to both its popularity and success. However, enjoying the openness of this revolutionary platform may come at an unexpected cost, especially for those who do not understand how the website's content may be used as evidence in a lawsuit. Darren Heitner demonstrates how content published on a person's Facebook account may be discoverable for the purposes of litigation, even when the information sought is unavailable through Facebook's privacy settings.

NY State Bar Association Entertainment, Arts & Sports Law Journal

Co-Author

Fall 2010

The article, Have Some Standards: How The Sports Agent Profession Should Be Effectively Regulated, discusses the lack of state enforcement of sports agent laws. We propose a federal licensing system and self-regulation of the profession.

Gaming Law Review and Economics

Author

May 2010

The article, The Plight of PASPA: It's Time to Pull the Plug on the Prohibition, argues that the Professional and Amateur Sports Protection Act of 1992, which denies 46 states from adopting any type of state-sponsored sports betting scheme, has an outdated purpose and is in violation of the Tenth Amendment and Commerce Clause within the United States Constitution.

Dartmouth Law Journal

Author

Feb. 2010

The article, Duties of Sports Agents to Athletes and Statutory Regulation Thereof, argues that student-athletes should have a statutory right to enforce the duties of sports agents, all sports agents should have to be licensed under a federal registration system, and that there is a need for a self-regulatory commission of sports agents to help weed out the unscrupulous agents who do not fulfill their duties in the representation and solicitation of any athlete.

An Athlete's Guide to Agents: Fifth Edition

Contributing Writer

Dec. 2009

An Athlete's Guide to Agents, Fifth Edition is designed to better prepare athletes and their families to screen, select, and work with an agent. It teaches families about the importance of sports agents and allows athletes and their families to be active participants instead of handing all power away to a sports agent upon signing an agency contract.

Experience

Wolfe Law Miami, P.A.

Attorney at Law

October 2011-Present

Focusing on sports, entertainment, intellectual property, and commercial litigation and transactional work.

Indiana University Bloomington

Professor

Fall 2011

Teaching Sport Agency Management in the School of Health, Physical Education, and Recreation.

Collegiate Sports Advisors (CSA)

Co-Founder

February 2011-Present

Setting up Professional Sports Counseling Panels, Agent Days, and a bevy of Agent Education materials to universities.

Dynasty Athlete Representation

Chief Executive Officer

April 2007-Present

Manage the day-to-day operations for the full-service sports and talent agency based in the state of Florida. Progressively implement new promotional strategies, leveraging new media whenever possible. Conveniently initiate conversations with the various leaders in the sports business industry.

Sports Agent Blog

Chief Editor

December 2005-Present

Continuously write and edit a variety of stories related to breaking news, legal issues, business issues, and other topics of concern. Deliberately grow the largest sports, entertainment agent, and legal focused blogs on the internet. Perpetually offer quality and creative assistance for all contributors.

National Sports and Entertainment Law Society

Public Relations Director

2009-Present

Responsibly administer the flow of information between the Society and the public. Proactively dispense critical growth options at weekly board meetings.

Jewish Coaches Association

Associate Executive Director

2009-Present

Help handle the internal and external operations for the not for profit organization. Specific focus on public relations and fundraising.

Koch Parafinczuk & Wolf PA

Attorney at Law

August 2010-October 2011

Assisting in the growth and overall success of the litigation law firm. Areas of practice include Breach of Contract/Business Law, Plaintiff Personal Injury, Insurance Carrier Defense, Workers' Compensation Defense, and Sports Law.

UF Entertainment and Sports Law Society

President

Fall 2008-Spring 2010

Intrinsically serve as the leader for the Society, which has received the Organization of the Year Award for the 2007-08 and 2008-09 school years. Energetically recruit prominent guest speakers in the sports and entertainment fields. Assertively chair the globally popular UF Sports Law Symposium.

Conference & Symposium Presentations

2012 NCAA Scholarly Colloquium on Intercollegiate Athletics

Presenter

Jan. 2012

Spoke on the topic: "Poignant Paradox: The Unintended Consequences of Sweeping Academic Reform in Collegiate Athletics." Took a deep look at the implications of these past changes, as well as the newly instituted standards and other proposed academic reforms. In analyzing statistical data associated with APR rates, came to a clear determination that if APR standards are raised, there will be a distinguishable disparate impact amongst certain member institutions as compared to the majority of others.

Arizona State University Sandra Day O'Connor College of Law

Panelist

Nov. 2011

Spoke on "Collective Bargaining Agreements - The Big 4" and "Amateurism" panels.

New York Law School

Panelist

Nov. 2011

Spoke on "Overview of Current Legal Developments in the Sports Industry" and "Athlete Agent Regulation and Enforcement" panels.

Union Internationale des Avocats 55th Congress

Sports Law Speaker

Nov. 2011

Spoke on "American Sports Law in Practice" at the Union Internationale des Avocats (UIA - International Association of Lawyers), an international congress of lawyers from all around the world.

Suffolk Law School

Panelist

Apr. 2011

Sat on a panel titled, "Ethics in Athlete Representation Panel" with speakers Josh Luchs, Warren Zola, Mook Williams. Moderated by Greg Bedard of the Boston Globe.

Southwestern Law School

Moderator

Apr. 2011

Moderated a panel titled, "Pre-Professional Athletes in an Amateur World: NCAA Rules, State Laws, Agents and Extra Benefits" with speakers Bob Myers, David Pump, Warren Zola, and Marc Isenberg.

Florida International University Law School

Keynote Speaker

Mar. 2011

Led a panel in discussing current issues in sports business and law, and provided insight regarding breaking into the industry.

University of Memphis

Consultant

Feb. 2011

Led breakout sessions with coaches and compliance, men's basketball team, men's football team, men's baseball team, and women's basketball team regarding NCAA rules & regulations, with special emphasis on athlete agent matters.

Nova Southeastern University Sports and Entertainment Law Symposium

Panelist

Feb. 2011

Member of the "Family Managing an Athlete's Career" panel.

Tulane University Law School's National Baseball Arbitration Competition

Arbitrator and Moderator

Feb. 2011

Served as a salary arbitration hearings arbitrator and was Moderator for a panel titled, "MLB in the Dominican Republic: Taming the Wild West of Professional Baseball" with panelists Jorge Arangure, David P. Fidler, and Fernando Tamayo.

Indiana University Bloomington

Speaker

Nov. 2010

Guest speech to the Indiana University Sport Marketing Alliance and Issues in Intercollegiate Athletics class.

Florida Coastal School of Law

Speaker

Nov. 2010

Guest speech to its Sports Law Society.

York College of Pennsylvania Sport Management Professional Panel

Panelist

Nov. 2010

Big 3 panel included Peg Kaufmann (Athletic Director, Millersville U.) and Bryan Minniti (Assistant General Manager, Washington Nationals).

Flagler College Sport Management Department Conference

Speaker

Apr. 2010

The mission of the conference is to offer Sport Management students the opportunity to expand their educational and practical experiences through the perspective of professionals who have working knowledge of the sport industry.

St. Thomas Entertainment and Sports Law Society Symposium

Panelist

Mar. 2010

Member of the closing panel titled, "Looking for a Client who is Looking for You." The panel's focus was on othe pitfalls an attorney should avoid and ethical areas affected when seeking new talent or courting potential clients. Also a member of the panel titled, "Sports and Social Networking," which focused on the legal influence or implications of Facebook, Twitter, MySpace and other social networking tools on the four major professional leagues.

Nova Southeastern University Sports and Entertainment Law Symposium

Panelist

Feb. 2010

Member of the "Redemption: Athletes Overcoming Their Indiscretions" panel.

2010 UF Sports Law Symposium

Chair

Jan. 2010

Symposium Discussion titled, "Bargaining Collectively." Three panels during the all-day event: 1) MLB Collective Bargaining Agreement, 2) NFL Collective Bargaining Agreement, 3) NBA Collective Bargaining Agreement. Secured nineteen moderators and panelists which included sports law attorneys, sports law professors, sports agents, executives at professional teams, and other sports business professionals. In charge of budgeting, promotions, sponsorships, and logistics. Secured Keynote Speaker, Dr. Harvey Schiller (Former Commissioner of the Southeastern Conference) and Closing Speaker, Donald M. Fehr (Former Executive Director of the Major League Baseball Players Association).

2009 Princeton Sports Symposium

Panelist

Dec. 2009

Member of the "Partnership Activation Rising Stars" panel.

Barry University Dwayne O. Andreas School of Law

Guest Speaker

Oct. 2009

Speech given to the Sports and Entertainment Law Society.

2009 UF Sports Law Symposium

Chair

Jan. 2009

Four discussion topics for the event: Recruiting, Negotiation, Labor Issues, and Future of Sports Business. Secured nineteen moderators and panelists which included sports law attorneys, sports law professors, sports agents, executives at professional teams, and other sports business professionals. In charge of budgeting, promotions, sponsorships, and logistics. Secured Keynote Speaker, Kevin Sullivan (Former Assistant to President Bush for Communications) and Closing Speaker, Bill Rasmussen (Founder of ESPN).

Education

University of Florida, B.A., magna cum laude/Valedictorian, 2007

University of Florida Levin College of Law, J.D., 2010

Honors & Recognitions

-Florida Blue Key Inductee

-"Rising Star" in the sports industry by Partnership Activation, Inc.

-National Merit Scholarship Finalist

-Power 30 Under 30 Miami 2010 Honoree

-Named a Top Sports Social Media Professional of 2010 by SportsNetworker.com

-Recognized by SportsPro Media as 1-of-10 stars of the sports business industry under the age of 30

Jurisdictions Admitted to Practice

Florida, 2010

U.S. District Court Southern District of Florida, 2011

Referenced in the Following Published Law Review/Journal Articles

  • R. Alexander Payne, Rebuilding the Prevent Defense: Why Unethical Agents Continue to Score and What Can Be Done to Change the Game, 13 Vanderbilt Journal of Entertainment and Technology Law 657
  • Chris Deubert, WHAT'S A "CLEAN" AGENT TO DO? THE CASE FOR A CAUSE OF ACTION AGAINST A PLAYER'S ASSOCIATION, 18 Villanova Sports and Entertainment Law Journal 1
  • Daniel A. Schwartz, Shutting the Back Door: Using American Needle to Cure the Problem of Improper Product Definition, 110 Michigan Law Review 295
  • Steve E. Cavezza, "CAN I SEE SOME ID?": AN ANTITRUST ANALYSIS OF NBA AND NFL DRAFT ELIGIBILITY RULES, 9 University of Denver Sports & Entertainment Law Journal 22
  • Andrew B. Carrabis, STRANGE BEDFELLOWS: HOW THE NCAA AND EA SPORTS MAY HAVE VIOLATED ANTITRUST AND RIGHT OF PUBLICITY LAWS TO MAKE A PROFIT AT THE EXPLOITATION OF INTERCOLLEGIATE AMATEURISM, 15 Barry Law Review 17
  • Victor Broccoli, Policing the Digital Wild West: NCAA Recruiting Regulations in the Age of Facebook and Twitter, 18 Sports Lawyers Journal 43
  • Tenesa S. Scaturro, The Anticybersquatting Consumer Protection Act and the Uniform Domain Name Dispute Resolution Policy: The First Decade: Looking Back and Adapting Forward, 11 Nevada Law Journal 877
  • Brandon D. Morgan, Oliver v. NCAA: NCAA's No Agent Rule Called Out, but Remains Safe, 17 SPORTS LAWYERS JOURNAL 303
  • Stacey B. Evans, Sports Agents: Ethical Representatives or Overly Aggressive Adversaries?, 17 VILLANOVA SPORTS & ENTERTAINMENT LAW JOURNAL 91
  • William Rothstein, The Business of Sports Representation: Agent Evolution in the "Industry", 9 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 19
  • James Halt, Andy Oliver Strikes Out the NCAA's 'No Agent' Rule for College Baseball, 19 JOURNAL OF LEGAL ASPECTS OF SPORT 185
  • Joshua M. Liebman, Tip Your "Cap" to the Player: 2007-2008 Off-Season Reveals NHL's Salary Cap Benefits on Players. 16 SPORTS LAWYERS JOURNAL 81


In The News

  • "Agent searches increasingly move to campus; Liz Mullen, SportsBusiness Journal, Jan. 9, 2012 (referencing Darren Heitner as co-founder of Collegiate Sports Advisors)
  • "Does the U.S. Need a Sports Czar?," Darren Heitner, Fox News, Dec. 1, 2011
  • "Darren Heitner on MLB Player-Agent Comp; Brian Walton, Scout.com, Nov. 28, 2011 (thorough discussion on how and when MLB players compensate their representatives)
  • "Dan Lozano and Albert Pujols' 2004 Contract; Brian Walton, Scout.com, Nov. 26, 2011 (discussing how baseball agents get paid)
  • "Forcing social media silence not the answer for colleges," Darren Heitner and Jason Belzer, SportsBusiness Journal, Nov. 14, 2011
  • "Patriots' image might take a hit, experts say," John Zaremba and Gary Remal, The Boston Herald, Nov. 2, 2011 (discussing the ramifications of Julian Edelman's actions)
  • "NCAA's $2,000 boost to scholarship-athletes: too little, but a start," Darren A. Heitner, The Miami Herald, Oct. 29, 2011
  • "Big 12 Q and A: What about a Baylor lawsuit?," Jason Schwartz and Chris Corbellini, Columbia Missourian, Sept. 9, 2011 (discussing tortious interference lawsuits)
  • "IN THE POCKET: Some NFL players turn to high-risk loans to make ends meet," Jason Schwartz and Chris Corbellini, The Daily, May 15, 2011 (discussing why NFL players are taking out loans during NFL Lockout)
  • "NFL Agent Confidential," Ian Gordon, Darren Heitner, Joe Person and Stacey Pressman, ESPN The Magazine, Apr. 21, 2011 (results from a Confidential survey to 26 football agents)
  • "Stanford after Harbaugh: Players lobbying for David Shaw," Elliott Almond, San Jose Mercury News, Jan. 7, 2011 (discussing Stanford football's next head coach)
  • "As season wraps up, agent issues grow," Mark Giannotto, The Washington Post, Jan. 2, 2011 (discussing timing of football players making representation decisions)
  • "Are Agents Ruining College Baseball?," Brian Foley, The College Baseball Blog, Oct. 15, 2010 (discussing improper relationships in college baseball)
  • "Sports agent talks ethics in response to SI article," A. Isaac, Guyism, Oct. 13, 2010 (ethical agent response to Josh Luchs article)
  • "Agent oversight continues to vex college sports," Alan Scher Zagier, Associated Press, Sept. 2, 2010
  • "UF law grad urges reforms for agents, student athletes," Nathan Crabbe, The Gainesville Sun, July 28, 2010
  • "College football has an agent problem, but what does the NCAA do about it?," Jeremy Fowler, Orlando Sentinel, July 28, 2010 (discussing enforcement of athlete agent laws)
  • "Coaches calling upon NFL in agent issue," Anthony Chiang, The Independent Florida Alligator, July 27, 2010 (discussing lack of NFLPA & NCAA power in regulation of agents)
  • "Agents taking heavy hits," Dave Matter, The Columbia Daily Tribune, July 23, 2010 (discussing what the media's focus means for the NCAA)
  • "Laws restricting improper agent contact with NCAA athletes seen as ineffective," Steve Yanda, The Washington Post, July 23, 2010 (discussing the lack of resources for states and the NCAA)
  • "Pimps and predators: Saban, Meyer criticize rogue agents," Jon Solomon, The Birmingham News, July 22, 2010 (discussing the creation of a uniform federal system that oversees agent conduct)
  • "Reggie Bush-USC case opening eyes to NCAA and agents," John Jeansonne, Newsday, July 21, 2010 (discussing agent handouts to student-athletes)
  • "Schools, agents on notice amid NCAA investigations," Noah Trister, Associated Press (numerous publications), July 20, 2010 (discussing NCAA's need to take action on leads)
  • "Agent analyzes UF's potential rules violation," Anthony Chiang, The Independent Florida Alligator, July 20, 2010 (discussing how the University of Florida handled a potential situation)
  • "NCAA turning up heat on agent-player relations with more probes," Stewart Mandel, Sports Illustrated, July 19, 2010 (discussing a prediction that this is just the beginning of allegations)
  • "UNC football probe continues," ABC11 News Chapel Hill, July 16, 2010 (discussing student-athlete interaction with the public and agents)
  • "Jed Williams Talks To Darren Heitner," ACC Sports Journal, July 16, 2010
  • "A Talent for Entertainment," Kara Carnley Murrhee, UF Law Magazine, Spring 2010
  • "RaptorsHQ Talks to Darren Heitner of Sports Agent Blog.com," RaptortsHQ.com, Jun. 15, 2010
  • "End of the line could be near for Hill," Bobby Deren, Rivals.com, Apr. 8, 2010
  • "Darren Heitner: Sports Agent Law Student Blogger Man," BitterLawyer.com, Mar. 16, 2010
  • "Hot Stove TV: Sports Agent Darren Heitner," Tom Reese, HotStove.com, Mar. 10, 2010
  • "Interview with Darren Heitner, Sports Agent," Ryne Gery, Redbird Rants, Feb. 23, 2010
  • "Tebow defends Super Bowl ad amid growing criticism," Nathan Crabbe, The Gainesville Sun, Jan. 26, 2010 (discussing Tim Tebow appearing in a religious-based commercial for the Super Bowl)
  • Blogger Bunch, CNN, Atlanta, Georgia, first aired on television Aug. 14, 2009 (discussing Michael Vick playing with the NFL after prison time)
  • "Michael Crabtree's holdout shines light on NFL rookie problem," John P. Lopez, Sports Illustrated, Aug. 13, 2009 (discussing the possibility of changing the rookie salary structure in the NFL)
  • "Q & A With The Sports Agent Part 2," Jon Scott, Scout.com, Jun. 25, 2009 (discussing contract length, bonus money, and gag orders on players)
  • "Q & A With The Sports Agent Part 1," Jon Scott, Scout.com, Jun. 23, 2009 (discussing super agents, getting started in the industry, contract terms, and more)
  • "got2beglued - The Darren Heitner Interview," Carolyn I. Hastings, The Cleveland Plain Dealer, Mar. 26, 2009
  • "UF student heads up, co-founds sports managing agency," David Cumming, The Independent Florida Alligator, Nov. 13, 2008
  • "Entrepreneur Success Story: Dynasty Athlete Representation, LLC," Young Money Staff, Young Money Magazine, Nov. 11, 2008
  • "CBB Editorial: The Pedro Alvarez Situation," Brian Foley, The College Baseball Blog, Aug. 27, 2008 (discussing the importance of following the rules set forth in Collective Bargaining Agreements)

Radio & Television Work

KXXV-TV News Channel 25 (ABC)

Topic: RG3 can capitalize on endorsement deals

Jan. 17, 2012

99.9FM The Fan | 620 The Buzz (ESPN Radio)

Topic: Reaction to the Sports Illustrated article on Josh Luchs

Oct. 13, 2010

99.9FM The Fan | 620 The Buzz (ESPN Radio)

Topics: South Carolina vs. Southern California Trademark battle, coach/agent relationships

Oct. 5, 2010

Sports Illustrated

Topic: Improper athlete-agent relationships in NCAA football

July 23, 2010

730AM Charlotte (FOX Sports)

Topics: Checks and balances in place to prevent NCAA violations, hand-outs from agents, whether student-athletes should be paid for their services

July 21, 2010

99.9FM The Fan | 620 The Buzz (ESPN Radio)

Topics: NCAA agent investigations, type of contact allowed between agents and college players, how the NCAA can better regulate sports agent activities.

July 16, 2010

WNWR 1540AM Philadelphia - The Adam Taxin Show

Topics: College bowl game predictions, college football players to watch

Jan. 1, 2008

WNWR 1540AM Philadelphia - The Adam Taxin Show

Topics: Miami Dolphins

Dec. 11, 2007

WNWR 1540AM Philadelphia - The Adam Taxin Show

I interview Heisman Trophy winner, Eric Crouch

Dec. 11, 2007

WNWR 1540AM Philadelphia - The Adam Taxin Show

Topic: United Football League

Oct. 23, 2007

WNWR 1540AM Philadelphia - The Adam Taxin Show

Topic: Reggie Bush and his involvement with Michael Michaels and Lloyd Lake of New Era Sports & Entertainment

Oct. 16, 2007

WNWR 1540AM Philadelphia - The Adam Taxin Show

Topic: SEC football

Oct. 2, 2007

Beyond the Game with Rick Horrow (CBS)

Panelist with Rick Davis [Clip of Miami Dolphins Segment]

September 19, 2011

Beyond the Game with Rick Horrow (CBS)

Panelist with Brian Finkel

July 2, 2011

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Beyond the Game with Rick Horrow (CBS)

Panelist with Brian Finkel

June 25, 2011

Beyond the Game with Rick Horrow (CBS)

Panelist with Gary Ferman

June 4, 2011

Beyond the Game with Rick Horrow (CBS)

Panelist with Gary Ferman

May 14, 2011

Beyond the Game with Rick Horrow (CBS)

Panelist with Rick Davis

Mar. 5, 2011

Beyond the Game with Rick Horrow (CBS)

Panelist with Rick Davis

Jan. 22, 2011

Beyond the Game with Rick Horrow (CBS)

Panelist with Rick Davis

Jan. 15, 2011

Beyond the Game with Rick Horrow (CBS)

Panelist with Rick Davis

Dec. 18, 2010

Beyond the Game with Rick Horrow (CBS)

Panelist with Rick Davis

Oct. 16, 2010

Beyond the Game with Rick Horrow (CBS)

Panelist with Rick Davis

Sept. 4, 2010

Beyond the Game with Rick Horrow (CBS)

Panelist with Keith Byars

Aug. 7, 2010

CNN

Talk about Michael Vick being signed by the Philadelphia Eagles

Aug. 14, 2009