
Darren Heitner
@DarrenHeitner
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Founder of @HeitnerLegal, focusing on Sports, Entertainment, Intellectual Property & Business Law. Teach NIL at Miami Law. Daddy to Maxx and Aliya. 🟦🎗️
Fort Lauderdale, FL
Joined March 2007
I’ve reviewed dozens of school revenue-sharing contracts. All contain very strict confidentiality clauses. Maybe not in this case. Otherwise, I’m surprised the agent would attach his name as the source of this info. Risk worth reward of maybe getting more biz for doing the deal?.
NEWS: Five-star OT Felix Ojo, No. 20 in the ESPN 300, has committed to Texas Tech. His agent Derrick Shelby tells @ESPN that Ojo will join TTU on a fully guaranteed, 3-year, $5.1 million revenue share contract, believed to be one of the largest guaranteed deals in CFB history.
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Tennessee AD: "We have to stop pretending that they are not getting compensated for playing for us." Other ADs in denial 🤷♂️ These are employee contracts with: 💰 Buyout clauses ⚖️ Liquidated damages 🔄 Claw backs 🏥 Injury terminations. #NIL NEWSLETTER:.
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As I stated to @DanielLibit, disclosing financials would foster trust and demonstrate a commitment to accountability, especially given the significant authority the CSC wields in enforcing rules that significantly impact athletes’ livelihoods.
NEW: The College Sports Commission speaks of fostering a "transparent" future for college sports through financial disclosure. So, @Sportico recently asked it for CEO Brian Seeley's annual compensation. Here's what @theCSCommission said. 🙊.
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North Carolina is now also 1 of the few states to update its sports agent law to account for #NIL's role in college athletics. It distinguishes a pro sports services agency contract from an NIL agency contract and requires different language in each agreement.
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North Carolina's governor has signed a bill into law that includes a public records exemption for #NIL contracts. Here's the specific language:
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I'm currently reviewing FSU's revenue-sharing agreement. It's probably one of the most unconscionable contracts I've reviewed in 15 years of practicing law. I wonder who thought it was a good idea to create such a one-sided contract that no reasonable person would agree to.
Florida State's rev share contract drafts have drawn sharp criticism from those in the NIL space, multiple sources tell @CBSSports. Unusual stipulations include: . - FSU's ability to extend a contract at the same rate throughout an athlete's eligibility window .- A lack of
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As I told @_NickKelly, there are many issues with the #NIL clearinghouse, including whether: (1) players submit all deals; (2) agreements will fall outside scope of "NIL" and not need to be submitted; and (3) contracts are moved away from "associated entities" to avoid scrutiny.
How much will Alabama football have to spend for a national championship roster in this new era of college athletics?. A deep dive to find the answer:
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It's July 1. The 1st day of revenue-sharing. And we already have a potential dispute brewing over the truthfulness of information used to set the cap on school spending. Welcome to the new era of #NIL.
As House-NCAA settlement takes effect today, a lead lawyer for plaintiffs says his side is exercising its right to audit school financial figures that are basis for revenue-sharing cap. Steve Berman: "We have questions about the information we’ve gotten."
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At the direction of schools that wanted to circumvent the rules that they fought to create. The comedy is some people believe schools will cease searching for ways to creatively pay players beyond the cap.
.@Opendorse processed nearly $20M in payments to college athletes … TODAY. Biggest day in company history.
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Wild turn of events. Jake Retzlaff is accused of sexual assault. BYU suspends Retzlaff because engaging in premarital sex (even if consensual) violates the Honor Code. Retzlaff's life is upended and he decides to transfer. And after all of that, the woman drops her case.
The woman who accused BYU quarterback Jake Retzlaff of sexual assault in a civil suit has withdrawn her civil case, sources tell me and @BonaguraESPN. The paperwork has been filed to end the case.
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My main takeaway from this article is that the commentary from Tennessee's athletic director will find its way into many lawsuits:
As college sports enters its most transformative era, many power league ADs are urging leaders to explore collective bargaining. They are attending CBA presentations & one SEC AD reveals his “athlete-employee” plan. “I’m not biting my tongue anymore.”.
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As I said to @Bachscore, some boosters paid as much as $2 million for a single basketball star player last season. Recently, top players were getting twice as much—$4 million—for next season. That doesn’t include any additional outside endorsements.
Payrolls for top college football teams will leap up to 75% next season, to as high as $35 million. But pay for top athletes could soon fall back to earth. Here’s why.
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I think Charlie Baker's compensation should be subject to a determination of whether it is fair market value.
NCAA's new tax records provide first look at Charlie Baker's compensation as association president. He started on March 1, 2023. For that calendar year, he was credited with just over $3.4 million in total pay:.
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ALY KHALIFA IS ELIGIBLE!. Thank you to everyone at Louisville, from Coach Kelsey to Josh Heird and everyone in between, as well as Aly's amazing supporters. The NCAA did the right thing on appeal. No one deserves this chance more than Aly. What a win! #AlyIsFree.
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Judges across the U.S. can’t agree on whether eligibility rules fall within the scope of antitrust law. Cases continue to be filed in various jurisdictions. Multiple cases are on appeal. This could be the next college sports issue to reach the Supreme Court.
University of Montana basketball player Kai Johnson's motion for a preliminary injunction to give him another year of eligibility has been denied.
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In this week's #NIL newsletter: NIL Go's confidentiality trap is concerning. Major brands use NDAs. CSC demands full disclosure. Athletes are stuck: breach your Nike contract or violate rules and risk ineligibility.
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