“It will be the wild, wild West.”
That was perhaps the most oft-repeated comment last week about the news that the NFL Players Association is no longer regulating agents who represent players in contract negotiations with NFL clubs. But the cowboys — that is to say, the agents who have represented NFL players in negotiations with clubs for decades — don’t exactly see it that way. In fact, agents say there are some good things about the elimination of the NFLPA’s oversight of agents, most notably losing the so-called and much-hated “junior rule.”
The NFLPA notified agents on March 11, at about the same time it decertified as a union, that it was “discontinuing its agent regulation system.” That means a lot of things, including that agents can now charge clients whatever they negotiate with those clients as fees for negotiating contracts. It also means that when one agent thinks another agent stole his client, he can take the other agent to court instead of going through the NFLPA’s former grievance process, in which players were not forced to testify and the allegedly wronged agent could not take depositions or use discovery to find texts, e-mails, phone calls and other presumed evidence of poaching.
Further, all agents, not just marketing agents and formerly NFLPA-certified agents who break rules, can now talk to college football players and not wait until the players are three years removed from high school. Agents said the “junior rule” that set those bounds gave the upper hand to unscrupulous player-contract agents, marketing agents and financial advisers because they were able to recruit players long before the NFLPA-certified agents who did not violate the rule could do so.
“The ‘junior rule’ had disastrous effects,” said Peter Schaffer, principal at Denver-based All Pro Sports and Entertainment, which represents about 75 NFL players. “While the rule had proper intentions, the actual ramifications of the rule didn’t comply with the intentions.”
Other agents noted that the rule created “middle men,” who tried to get close to players and then would sell those players to agents for a fee or a cut of the NFLPA-certified agent’s percentage.
“It will be difficult for the street guys to get to them [college football players] early and influence them,” said prominent NFL agent Eugene Parker. “It will allow underclassmen to see a variety of agents, including the ones who typically comply with the rules.”
GARY WICHARD DIES: Longtime NFL player agent Gary Wichard died March 11 at his Los Angeles area home from complications resulting from diabetes and pancreatic cancer. He was 60.
Wichard represented a number of star NFL players over the last 25 years, including free agent defensive end Jason Taylor. Wichard also was one of the targets of an NCAA investigation and a North Carolina Secretary of State investigation into allegations that he provided benefits to a student athlete at the University of North Carolina.
In December, regarding those charges, he agreed to a nine-month suspension from representing NFL players in contract talks, a penalty imposed by the NFLPA before it renounced its union status and its agent-regulation program.
He leaves behind his wife, Maire, and two daughters.
LOZANO SIGNS PLAYERS: MLB player agent Danny Lozano, who left Beverly Hills Sports Council last year to start his own firm, has signed a number of players, including Minnesota Twins third baseman Danny Valencia. Lozano also signed Cincinnati Reds first baseman Yonder Alonso, New York Yankees outfielder Nick Swisher, and shortstop Manny Machado of the Baltimore Orioles organization, who was the third pick overall in the 2010 MLB draft.
CAA FOOTBALL SIGNS PLAYERS: CAA Football has signed Kansas City Chiefs right tackle Barry Richardson and Chiefs cornerback Brandon Carr and Arizona Cardinals defensive end Calais Campbell for representation. CAA agents Tom Condon and Ben Dogra will represent Campbell. Dogra will represent Carr and Richardson.
OCTAGON SIGNS NFL DRAFT PROSPECT: Octagon agent Doug Hendrickson has signed Eastern Washington running back Taiwan Jones for representation in the NFL draft.
Liz Mullen can be reached at lmullen@sportsbusinessjournal.com. Follow her on Twitter @SBJLizMullen.
