Sports Law Speaker Series: Can a Lawyer Work as a Talent and/or Sports Agent? (with Professor Anderson)

All students are invited to join Professor Anderson as he discusses the regulation of talent/entertainment agents and athlete/sports agents, and the considerations for lawyers working in either or both fields.  Materials for this presentation can be found below.  The discussion will take place in room 433 at 12 pm.  Lunch will be provided.

• Athlete agent laws
  • Uniform Athlete Agent Act (2000)
  • Uniform Athlete Agent Act (July 2015 Draft) 
  • Wisconsin
    • Uniform Athlete Agent Act,Wis. Stat. §§ 440.99-440.999
    • Applicable Provisions of the Wisconsin Administrative Code, from the Department of Regulation and Licensing
  • Illinois
    • Illinois Athlete Agents Act, §§ 225 ILCS 401/1 – 401/215 (lots of additional language) (enacted July 14, 2010, effective 1/1/11)
    • Department of Financial and Professional Regulation, Chapter VII, Subchapter b, Part 1155, proposed rules on the Illinois Athlete Agents Act (2011 Illinois Register, Vo. 35, Iss. 10, March 4, 2011)
  • California
    • Miller-Ayala Athlete Agents Act, California Business and Professions Code, Chapter 2.5 (1996)
    • Filing Athlete Agent Disclosure Statement and Amendment to Disclosure Statement, 2 CCR 21920 (1998)
• Talent agency laws
  • California Regulation of Talent Agencies
  • New York
    • Employment Agencies, NY CLS Gen. Bus. Law §170 à 194 (1910)
    • Theatrical Employment Contracts, NY CLS Art & Cult Affr (1983)
  • Illinois
    • Private Employment Agency Act, 225 ILCS 515/0.01 à15 (1990)
    • Rules And Regulations Relating To The Operation Of Private Employment Agencies, 68 Ill. Adm. Code 680 à 890 (1963)
• Federal Law
  • Sports Agent Responsibility and Trust Act, 15 U.S.C. §§ 7801-7807 (SPARTA) (2015)
• NFLPA Agent Regulations (NFLPA Regulations Governing Contract Advisors (as amended through June 2012))
• MLBPA Agent Regulations
• Association of Talent Agents (ATA)
• Sports Cases
  • I Sports v. IMG Worldwide, 157 Ohio App. 3d 593 (Ct. App. 2004)
  • Grillier v. CSMG Sports, Ltd., 2009 U.S. Dist. LEXIS 50476 (E.D. Mich. 2009)
  • Luchs v. Pro Tect Management Corp., 2009 Cal. App. Unpub. LEXIS 3893 (Ct. App. Cal. 2009)
  • Speakers of Sport v. ProServ, 178 F.3d 862 (7th Cir. 1999) (player can leave if wants to)
  • Smith v. IMG Worldwide, Inc, 360 F. Supp.2d 681 (E.D. Pa 2005) (claimed agency defamed him and caused business to decline)
  • Lader v. Delgado, 941 F.Supp.2d 267 (E.D.NY 2013)
  • Bauer v. Interpublic Group of Companies, Inc., 255 F.Supp.2d 1086 (N.D. Cal. 2003)
  • U.S. v. Piggie, 303 F.3d 923 (8th Cir. 2002) (mail and wire fraud)
  • Hicks v. HSInternational Sports Management, Inc., 2009 U.S. Dist. LEXIS 103138 (D. Ore. 2009) (issue of whether agreements did not follow applicable agent laws)
  • Hilliard & Taylor v. Black, 125 F.Supp.2d 1071 (N.D. Fla. 2000)
  • Lounsbury v. Camby, 2004 Conn. Super. LEXIS 192 (S.C. Conn. 2004) (agent suing Marcus Camby based on his promise to sign with agent while in college)
  • Lake v. Griffin, 2009 Cal. App. Unpub. LEXIS 10240 (Ct. App. Cal. 2009) (agent suing Reggie Bush and his family for money given in expectation of representation)
• Talent cases
  • Cases focus on interpretation of talent agency laws specifically whether someone is covered by them (Wachs v. Curry, 13 Cal.App.4th 616 (Cal. Ct. App. 1993))
  • Cases focusing on interpretation of union regulations (Grammar v. Artists Agency, 287 F.3d 886 (Cal. Ct. App. 2002))
• Lawyer regulation cases
  • An Attorney is always an Attorney
    • In Re Dwight, 117 Ariz. 407 (1978)
    • In re Pappas, 159 Ariz. 516 (1988)
    • In re Jackson, 650 A.2d 675 (D.DC 1994)
  • Lawyer Athlete Agent is Still a Lawyer
    • Cuyahoga County Bar Association v. Glenn, 649 N.E.2d 1213 (Ohio 1995)
    • In re Horak, 224 A.D.2d 47 (N.Y. App. Div. 1996)