Mike Leach mediation goes nowhere, yet; Are the Gophers setting up to fire Tim Brewster?; Continuing Twins- Joe Mauer negotiations; NBA labor battle
Mike Leach's attorneys and attorneys for Texas Tech University met in a court-ordered mediation session Friday reaching no agreement.
Mediator Frank E. Murchison stated that mediation had not been completed and has been recessed "pending future scheduling.”
http://newsok.com/morning-roundup/article/3437506
Are the Gophers paving the way to fire football coach Tim Brewster?
Minnesota Golden Gophers football coach Tim Brewster's new contract contains a much lower buy-out provision for the University than his previous contract. If the university decides to fire Brewster without just cause, it will only owe him half of his remaining $400,000 annual base salaries. Brewster could be on the hot seat this fall as the Gophers have not really turned the corner that many Gopher faithful had hoped would happen when the team started play in their new stadium on campus.
Some good, clean, fun
If any readers need help with their laundry, here's a good lesson from the folks at the University of Minnesota. Starring Goldy Gopher!
Watch and enjoy.
http://www.youtube.com/watch?v=DrNFiM3YwDw
Keeping tabs on the status of the Twins and Joe Mauer contract negotiations should prove interesting over the next few months. Twins owner Jim Pohlad recently said he is staying out of the negotiations and leaving the heavy lifting to others in the organization.
Mauer is represented by Ron Shapiro.
http://sports.yahoo.com/mlb/news;_ylt=AoXr7phQFOTNGj1gU0J73JkRvLYF?slug=ap-twins-pohlad&prov=ap&type=lgns
Adrian Wojnarowski has an interesting take on the NBA's David Stern and the league's attempt to beat up on the players association.
http://sports.yahoo.com/nba/news;_ylt=AuhNOfoOM.qEZ0f_XvOWqni8vLYF?slug=aw-labortalks020610&prov=yhoo&type=lgns
Biggest game of the year for Who?; IOC busy; Toll of FSU academic cheating scandal; Lincecum arbitration
Not the biggest game?
The Super Bowl is over. For many people it was the culmination of the football season and the ultimate game of the year. Yet there are some people who would argue, hey, wait a minute, the third and fourth NFL preseason games each year are much bigger. What? Are those people crazy? NFL preseason games are boring and meaningless.
However, if you are an agent or attorney who represents NFL players who are rookies or borderline type players trying to make a team, there is nothing bigger than those last two preseason games. If you represent a player who does not get into the last two preseason games, you, as an agent, know that player is going to get cut, and have little chance to even make a practice squad. What this translates to, is that you, the agent, are not getting paid, and all the work you have done will be for naught. On the other hand, if your player plays in those last two preseason games and opens up some eyes, he just may make that 53 man roster and bring to fruition not only the player's dream, but allow his agent to be a mighty happy person as well.
So think about it next August; although the Super Bowl is big, for a lot of people those "meaningless" pre-season games are even bigger.
As we go from the Super Bowl to the Winter games in Vancouver, the IOC board is busy with such diverse tasks as monitoring the weather in Vancouver and conducting disciplinary hearings in matters dating back to 2001. http://sports.yahoo.com/olympics/news;_ylt=AvlANFT_RNlW0i0fBFcWEwp9sbV_?slug=ap-iocmeetings&prov=ap&type=lgns
The NCAA has denied FSU's appeal.
Bobby Bowden has 12 less victories from his all time totals at Florida State and the FSU trophy case has a little more room these days. Football was not the only sport to be forced to vacate victories; men's and women's basketball, softball, baseball, and several other sports had wins vacated because of the academic cheating scandal at FSU.
http://rivals.yahoo.com/ncaa/football/news?slug=ap-floridastate-cheating&pro
Reccomended reading: Bill Walsh's The Score Takes Care Of Itself; Mike Leach to mediation; NFL and NFLPA soon to battle
The Score Takes Care Of Itself: My Philosophy Of Leadership
Bill Walsh, with Steve Jamieson & Craig Walsh.
The Super Bowl is upon us. There are literally thousands of other sites that will have loads of information on the Colts vs. the Saints, if you want anymore. We will discuss the Super Bowl in terms of one of the game's greatest coaches. One coach who may stand above all others is the late Bill Walsh. Only Chuck Noll with 4 Super Bowl titles has more than Bill Walsh with his three. So today we will take a look at a new book by Coach Walsh who was three for three in his Super Bowl appearances. Although Bill Walsh was not a sports lawyer or agent, his book is an excellent source for any sports lawyer looking to begin his or her career or for a veteran striving to achieve excellence in their career.
There are many philosophy of leadership books out there from Coach K , Pat Riley, Phil Jackson, Joe Torre, Bill Belichick; the list is endless. But Bill Walsh, who worked on this book with Steve Jamieson before his death, may have one of the best. Through Bill Walsh's eyes you are given the chance to understand how he took a struggling 49ers franchise and turned it into a dynasty.
Bill Walsh based his coaching and leadership philosophy on a "Standard of Performance". Quoting from the book, the Standard of Performance is" a conceptual blueprint for action; that is, a perception of what should be done, when it should be done, and why it should be done. Your philosophy is the single most important navigational point on your leadership compass."
Coach Walsh then goes on to describe his Standard of Performance in detail and describes how it applied it to his coaching career, then describes how it can also apply to your career. Needless to say, in this small space, we cannot do it justice.
But as they say on television, "but wait, that's not all you get!", this book gives you much more. For you young sports lawyers looking for a mentor, Coach Walsh describes the lessons he learned when he was breaking into the coaching business. Legends such as Paul Brown and Al Davis played an important role in the mentoring of Bill Walsh, although those two never considered themselves mentors. In fact one of Bill Walsh's toughest lessons in life came from the great Paul Brown, who bypassed Walsh for the Bengals coaching job and then tried to keep Bill Walsh from getting a head coaching job in the NFL. Like Bill Walsh, as you go through your career you may run into people who may attempt to put a road block in your path to achievement, so you can learn something from Bill Walsh about how he over came this.
Bill Walsh then describes how he mentored younger coaches such as Mike Holmgren and Dennis Green.
Coach Walsh also describes in detail the latter years when he was coaching the 49ers and the mistakes he made in getting too preoccupied with having to constantly win; so much so that his own self worth depended on winning. He admits that this happens to many people,and gives advice on how to avoid it.
The Score Takes Care Of Itself: My Philosophy Of Leadership abounds with timeless lessons for anyone interested in sports law as a career.
Mike Leach heads to mediation on Friday
http://playerpress.com/articles/7227-texas-tech-and-mike-leach-to-go-into-mediation-friday
NFLPA executive director DeMaurice Smith said at the NFLPA's Super Bowl press conference that, with 2010 looking like an uncapped year in the NFL, it will be virtually impossible for the NFLPA to agree to go back to a salary cap. The posturing continues as we get ready to see the upcoming battle between the NFL and NFLPA. For those of you too young to remember the labor battles in the NFL of the 1970's, 1980's and early 1990's (as described by Frank Murtha in the SLT interview of February 3-4), just wait a while and you'll see some fireworks. If you enjoy labor battles this promises to be a good one.
http://profootballtalk.nbcsports.com/2010/02/04/de-smith-virtually-impossible-to-go-back-to-capped-system/
Part II of interview with veteran agent/attorney Frank Murtha; NCAA and Michigan look into allegations of practice limit violations
Part II of Frank Murtha Interview
SLT- Can you discuss some of the changes you have seen in the recruiting process and the agent business in general?
Frank Murtha- The business has become more competitive. There are a significant number of agents, probably around 700 or 800 in football alone, going after about 1,800 or 2,000 clients. There has always been competition in signing players, and there have always been legal and illegal inducements. There have been people like Norby Walters who had close to sixty players signed for the 1987 draft, and it was later disclosed that one of his silent partners was Michael Franzese with his Mafia ties. There were others as well, such as Harold “Doc” Daniels, well known for signing players “early”, who said," The NCAA can’t do anything to me, I don’t care about their rules. The NCAA didn’t have nothin’ to do with my business.”
SLT- What about the training programs for draft eligible players?
FM- Athletes in the 80’s and 90’s trained on their own for the combine and their pro days. Before that there wasn’t the mental emphasis placed on the combine that there is now. The combine was shrouded in elements of mystery. Then a few agents realized that if the players did the drills ahead of time it would be an advantage or give them an edge. Then some practice training programs began to spring up. Jack Wirth was one of the early pioneers of this. Then Bruce Allen (now the GM of the Redskins) brought players out to Arizona to train them and he would later be reimbursed when the players made a team. A new industry began to evolve with training facilities for the players before the combine. Agents would usually front the money and then be reimbursed by the players. Now players expect the agent to pay for the training. This is very expensive, particularly for non-lottery pick type players.
SLT- Has this changed your thinking in that you no longer want to take some players that years back you may have wanted to represent?
FM- It has clearly changed the economic landscape of the business. You have to re-evaluate your thinking. In many cases, just to break even, a player has to get drafted in the third round. Many agents with the motivation to get a business started are willing to look past training expenses. Also, bigger agencies are giving marketing advances or bonuses that are not a lot different than agents slipping players cash.
SLT - You are currently teaching a Sports Law class at Northwestern’s Kellogg School of Management. Can you give us some information on the course?
FM- The course is called Sports Labor Relations and Negotiations. I was required to design the syllabus, and it was the first time a sports law type course was taught there. I have now taught it for four years and usually have the class every other quarter. The class is an elective. We try to give the students an overview of the CBA’s in the NFL, the NBA and MLB; two with a salary cap and one with a competitive balance tax. The students submit a paper comparing the three CBA’s, and we consider sports without a union for a mock unionization and CBA. Antitrust is touched upon. We conduct mock contract negotiations (ungraded), then the students submit a written contract proposal (graded). One of the books we use is Marvin Miller’s A Whole Other Ball Game. The baseball player’s union I consider(ed) to be the gold standard of sports unions.
There are mostly MBA students in the class with a few law students as well. Some students already have JD’s, or are even practicing attorneys. There are even some coaches and faculty who take the class. Students’ ages generally range from 21 to 50-some years old. There is an enrollment maximum of 25, and we have usually had a class of 15-18 over the past 4 years.
SLT- As is our custom, can you tell us what advice you would give to a youngster trying to break into the business?
FM- Don’t quit your day job at first. It is competitive. But there still is a place for competent, well-meaning lawyers in the business. Acquire a high level of competency; work long hours and perhaps associate yourself with a team or agency for experience. There are far more people interested in getting into the sports industry than the capacity it has for them. Be prepared to pay your dues. Don’t go to law school just to become an agent.
SLT- Tell us a little about your role in the first Arena football CBA.
FM- In 1999, after years of asking the NFPLA for help, UFCW organized the AFL players and asked for recognition. Mysteriously they eventually withdrew that request, and joined with the NFLPA in the filing of an anti-trust case against the AFL. Responding to client inquiries I realized the employer was willing to be unionized in a traditional way so I introduced the Teamsters who began their own campaign. At the last minute they had to withdraw and the League was going to fold rather than fight the anti-trust threat. Many players asked me to form a union for them which we did at the very last minute and were successful in negotiating the first union contract for the players. I got added as a defendant to the anti-trust case as my reward for saving the jobs!! Gave me a good laugh at the time but an expensive one. However, it was the right thing to do for the players.
SLT- Your further reflections on your career to this point?
FM- I’ve always looked at it as a service business. I’ve had opportunities to have a hand in shaping the lives of young players. An agent/attorney can play a role well beyond contract negotiations. For instance, I have always thought it important to ask my clients, “What do you want to do when all this [your playing career] is over?”
I’ve been very lucky and never had a bad job. I feel like I’ve made a contribution. I thoroughly enjoy it, and our business can be emotionally and financially rewarding.
SLT- Thanks for sharing your insights and anecdotes with our readers.
The University of Michigan and the NCAA are investigating allegations that players exceeded NCAA limits on practice and/or time engaged in football-related activities.
http://rivals.yahoo.com/ncaa/football/news?slug=ap-michigan-ncaa&prov=ap&typ
Interview with attorney/agent Frank Murtha
Today we are pleased to speak with veteran attorney/agent Frank Murtha. Frank has represented football and baseball players, coaches, and franchise owners. He is currently president of Professional Sports Consultants, Inc., and teaches a Sports Law course at Northwestern University's School of Business.
SLT- Tell us about your early years and your college and law school background.
Frank Murtha- Basically, my father was a teamster’s official from New York. We eventually moved to Chicago and I attended high school at Loyola Academy in the North Suburbs. I was a baseball player, playing college baseball at Notre Dame. I had an interest in becoming a lawyer, not specifically a sports lawyer. My interest at the time was in criminal law and trial work.
I graduated from Notre Dame a semester early and had a chance to play professional baseball. At that time the Viet Nam War was going on and students were able to defer their draft status as long as they were in school. When I was out of school and playing baseball, the draft board could’t find any good reason to continue my deferment. I had been accepted in several law schools and that Fall I promptly enrolled in Law School after a brief stint in the Braves organization.
SLT- You enrolled in Northwestern Law School. Was there any type of Sports Law Program at that time?
FM- There was nothing in terms of Sports Law at that time. I went there to become a criminal defense lawyer. I graduated from Law School in 1969. I was interested in Criminal Law and Litigation but started working as the House Counsel for the Teamsters Pension fund until mid-1970. After that I had an offer to become an assistant US attorney from Jim Thompson who had been my criminal law professor at Northwestern.
SLT- What was your initial involvement in Sports Law?
FM- Sports Law became a bigger interest when my younger brother was drafted by the Texas Rangers in the mid - 1970’s. Mike Hargrove was one of his teammates and that got me involved in the representation field.
SLT - What was the agent or representation field like at that time?
FM- You had sports agents then; people like Bob Woolf, Jerry Kapstein, and Jack Childers. There were more agents in baseball than in football at that time and not every player had one. At many universities, Notre Dame included, some prominent businessman or alumnus helped players do their contracts. During my time working for the pension fund and working as a US attorney I met an Indiana businessman named Ferris Traylor, who was a Purdue alum who worked with quarterbacks Bob Griese and Mike Phipps. In June of 1975, when I left the US Attorney’s Office, Ferris called me up and wanted me to work for him for Bob and Mike. At that time Phipps was traded from the Cleveland Browns to the Chicago Bears. Mike Phipps referred me to some more players on the Bears. After some time, my sports agent practice was going well enough, and my law practice morphed into a football and baseball practice. In the early 1980’s my football and baseball practice became full-time.
SLT- 1983 brought the first NFLPA agent certification program. Can you tell us about that?
FM- All it consisted of was filling out an application form and attending a seminar. There were no educational standards; initially no fees were collected. We received a salary survey, but we did not get copies of all the contracts like we get now.
SLT - You must have some pretty interesting stories from those early days as an agent in the 1970’s and early 1980’s.
FM- When Jim Finks was the general manager of the Chicago Bears, and they had just traded for Mike Phipps, Finks handed Phipps a card for an agent by the name of Jack Childers and suggested Phipps use him. Phipps got in touch with me and said that he would be reluctant to use an agent that the general manager had recommended to him. Jack was a good agent, but the source of the recommendation didn’t sit right with Mike!
SLT- The 1980's and early 1990's saw strikes and other labor struggles between the NFL and NFLPA. Tell us about that period.
FM- From 1982 to 1993 the NFL and NFLPA went 11 years without a collective bargaining agreement. Into the early 1990’s the NFL operated under 1982 wages. There were strikes and impasses and the league still had minimum salaries from the 1982 CBA. In the late 1980’s the NFL owners’ system of free agency, called Plan B, was unilaterally imposed. Under Plan B a team could protect 37 players from free agency. This caused problems for starters when you had back-ups getting raises from free agency and joining new teams because the starters were not receiving the same type of raises. The NFLPA was really twenty years behind Major League Baseball when it came to free agency. Much of this can be attributed to Marvin Miller and what he brought to the baseball union.
Tomorrow: Part II of the Sportslawtalk interview with Frank Murtha
Olympics drug testing; Tom Hicks and Rangers are sued
With the excitement building for the Winter games in Vancouver, the accounts of failed drug tests begin to mount. Athletes find it increasingly difficult to avoid detection of performance enhancing drugs.
http://www.universalsports.com/news/article/newsid=397467.html
Tom Hicks and the Texas Rangers are sued for $6.9 million
RTKL Associates, Inc. and Vratsinas Construction accuse the defendants of failure to pay for work performed on a development project next to Rangers Ballpark.
Wednesday and Thursday SLT will have an interview with veteran attorney/agent Frank Murtha.
Who Dat an NFL trademark?; BCS investigation more likely?; Twins confident they can sign Mauer?
Who dat say who dat when we print who dat?- "trademark" pirates?
an NFL trademark?
"Who dat say dey gonna beat dem Saints?", often abbreviated to "Who Dat?", has appreared on shirts, etc., since the 80's. Sales of thus emblazoned apparel have boomed for the Super Bowl. Now t-shirt makers have received cease-and-desist letters from the NFL. When "Who Dat?" is used in conjuction with the Saints' fleur-de-lis logo and other team designs the NFL claims that the shirts infringe on their legal trademark.
http://msn.foxsports.com/nfl/story/nfl-and-new-orleans-saints-fans-in-dispute-over-who-dat-ownership
The call for an investigation of the BCS looks to actually be gaining traction
Asstistant Attorney General Ronald Weich is considering Senator Orin Hatch's request that The Bowl Championship Series be investigated. Possible antitrust violations have drawn the Justice Department's interest.
The ratings system used by the BCS to select championship game teams has often been assailed by critics who would prefer a playoff system.
Can the Twins sign superstar Joe Mauer given their small market, or will the Yankees or Red Sox win in bidding?
http://sports.yahoo.com/mlb/news;_ylt=Ahbntf98fiRreYDmqXJS1SMRvLYF?slug=ap-twins-mauer&prov=ap&type=lgns
Did Craig James threaten to sue Texas Tech for Mike Leach's treatment of his son?; LeBron James endorses McDonalds
A Texas Tech memo states that Craig James said he would sue the university over the mistreatment of his son, Adam James, by Mike Leach if the university didn't conduct an investigation. James denies it.
http://rivals.yahoo.com/ncaa/football/news?slug=ap-texastech-leach-james&pro
LeBron James signs endorsement contract with McDonalds
The new partners stress their like histories of giving back to the community.
http://msn.foxsports.com/nba/story/Cleveland-Cavaliers-LeBron-James-McDonalds-endorsement-deal-012810?GT1=39002
Gilbert Arenas and Javaris Crittenton supspended for remainder of season; single-publication rule applied in defamatory communication case; Pro Bowl attendance rules apply to all players selected
The Commissioner has spoken, and both Gilbert Arenas and Javaris Crittenton have been suspended for the remainder of the season. Davis Stern said the issue here is that guns in the workplace will not be tolerated.
http://www.upi.com/Sports_News/2010/01/27/Arenas-Crittenton-suspended-for-season/UPI-46661264627169/
Defamatory communication: the single-publication rule in the age of the internet
The Brewers and Bob Uecker prevailed in a defamation lawsuit brought by a plaintiff who argued that alleged defamatory statements made by Uecker fell within the statue of limitations due to their continued wide availability on the internet.
In ruling, the court adopted the “single-publication rule” that says people can sue for defamation only over an original publication but not each time something is republished. “We reject the notion that each ‘hit’ or viewing of the information should be considered a new publication that retriggers the statute of limitations,” In other words, the statute of limitations starts running when an article is published or a statement is made and not each time they are reprinted or read.
http://sports.yahoo.com/mlb/news;_ylt=AoAsY8IVGyPGdpzs5ILBYAQRvLYF?slug=ap-ueckerstalker&prov=ap&type=lgns
The NFL says rules are rules
With the change in timing of the Pro Bowl this year (that is before the Super Bowl and not after it), three Indianapolis Colts players are at least expected to be at the Pro Bowl game in Miami. Colts owner Jim Irsay says the team will comply with league rules, even if it means the three players will have to make a roundtrip flight to Miami on Sunday.
http://www.sportingnews.com/nfl/article/2010-01-27/colts-owner-team-comply-nfl-rules
No deal = no salary cap = no NFL in 2011?; NFLPA certified contract advisor or professional gambler?; Jim Thome signs with Twins
The Super Bowl is upon us, but the uncapped year and beyond will start to receive a lot more attention once the Super Bowl is over.
http://www.chron.com/disp/story.mpl/sports/fb/texansfront/6836563.html
Future Hall of Famer Jim Thome signs with the Minnesota Twins for $1.5 million.
"Gentleman Jim" Thome's a Twin now
Jim Thome, who one day should be in Cooperstown, signed a one year contract with the Minnesota Twins for $1.5 million. Thome, who is 39 years old, is taking a huge pay cut from his last contract. But Thome, whose skills have certainly diminished, can still provide value in a limited capacity with the Twins. This illustrates a contract where the team is getting value and the player gets to continue to play the game he loves.
http://sports.yahoo.com/mlb/news;_ylt=AqyltKWEbG7pCUfSY5_Oa0ERvLYF?slug=ap-twins-thome&prov=ap&type=lgns
Place your bets
Now that the college football season is over, most draft eligible players have made their agent selection. If you are looking to become an NFLPA certified contract advisor, the term that the players union uses, here is something you should know.
Because of the emphasis put on the combine and pro days most college players who are draft eligible select their agent quickly these days. Why, because they need to start their training programs in January to have plenty of time to prepare for the combine in late February and their pro days in March.
Most agents front the money for the players' workout programs. The trend as of late is that the player does not pay the agent back whether he makes a team or not. For an agent to break even these days he needs the player to be drafted by the third or fourth round.
The majority of agents do not have the luxury of representing a high draft pick. If the agent is new to the business or, even a veteran trying to grind out a living with late-rounders and priority free agents, the business becomes much riskier.
If you take into account the training expenses the agent must pay before the draft, which could range anywhere from $1,000. to $25,000., an agent representing the proverbial late round pick or priority free agent is possibly setting himself up to take quite a financial hit if things break the wrong way. If an agent looks at the training expenses he is paying for a player who is a borderline draft pick, it has now become much less of an investment in the player and more of a gamble in the case of a borderline player. In fact, in many instances, some agents would be better off gambling in Las Vegas than hoping and praying that his camp free agent makes a 53 man roster.
So, if you’re thinking of getting into the agent business as an NFLPA contract advisor, think twice about it; your money may be better spent in Vegas.
