How to Play the Game: What Every Sports Attorney Needs to Know (Second Edition)

Author: Feb. 2018

What makes this Second Edition unique are the real-life case studies involving recognized professional and college sports figures as well as anecdotes from the author’s own experiences as a sports attorney, former agent, and media spokesperson for college and professional sports industries.

How to Play the Game: What Every Sports Attorney Needs to Know

Author: Mar. 2014

This definitive guide is an overview of sports law written for practitioners who are looking to add sports law to their practice, and need a practical, informative overview of the field to help them get started. There’s inside information on moving into sports law and how to succeed, all from one of the best in the business. This book will also give non-lawyers a behind-the-scenes look at the world of the business of sports.

Harvard Journal of Sports and Entertainment Law

Co-Author: June 2018

The article, What if Kaepernick is Correct?: A Look at the Collusion Criteria in Professional Sports argues that the language in each of the major U.S. professional sports league’s CBAs should be amended, through negotiation and perhaps concessions made by players, to deter teams and their owners from restraining athletes from competing professionally if such misconduct is truly occurring. Part I uses the Federal Antitrust laws to illustrate how parties customarily prove collusion and demonstrates how the four major U.S. professional sports leagues have the authority to create their own rules and procedures through a collective bargaining effort. Part II analyzes and differentiates the procedure and criteria for proving collusion under each league’s CBA. Part III discusses the grievances players and players associations have filed alleging collusive behavior. Finally, Part IV describes the policy implications and issues with the current grievance structure in major U.S. professional sports.

DePaul Law Review

Author: Fall 2016

The article, Why Fantasy Sports Should Welcome Uniformity of the Law: A Suggestion that the Uniform Law Commission Become Involved in Shaping Laws Concerning Fantasy Sports, explores (1) the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) and a desire to add clarity as it relates to whether daily fantasy sports is properly carved out therein, how daily fantasy sports would be defined, and how to determine the level of skill versus chance;8 (2) the Professional and Amateur Sports Protection Act of 1992 (PASPA) and how it should create a carve out for fantasy sports;9 and (3) how the Uniform Law Commission should play a role in developing effective legislation to bring finality to the legality of daily fantasy sports.

Recommended Citation: Darren Adam Heitner, Why Fantasy Sports Should Welcome Uniformity of the Law: A Suggestion that the Uniform Law Commission Become Involved in Shaping Laws Concerning Fantasy Sports, 66 DePaul L. Rev. (2017)

Harvard Journal of Sports and Entertainment Law

Co-Author: Fall 2014

The article, Personal Foul: Conduct Detrimental to the Team. Penalty Declined?, discusses a bullying case in the National Football League (NFL) between Richie Incognito and Jonathan Martin. The incident raises questions regarding the fairness of the “conduct detrimental to the league” and “conduct detrimental to the team” clauses (detrimental conduct clauses) of the new Collective Bargaining Agreement (CBA). Specifically, the article explores whether these detrimental conduct clauses are overly broad and considers whether the appeals process sufficiently protects the rights of NFL players.

Jeffrey S. Moorad Sports Law Journal (Villanova)

Co-Author: 2014

The article, Score a Touchdown, Kiss Your Tattoo, and Get Sued for Copyright Infringement?, discusses the connection between copyright law and tattoos, an art form that has not commonly been thought of as a highly protected type of intellectual property under the Copyright Act of 1976. The issue of existence and control of tattoo intellectual property has started to make its appearance in multiple federal district courtrooms across the U.S.; however, thus far all cases have settled before proceeding to trial. As a result, legal precedent informing potential litigants about the merits of their cases has yet to be firmly established. This article attempts to fully explain the applicability of the Copyright Act to the tattoo industry by highlighting the claims and affirmative defenses that the respective parties may assert in litigation.

Marquette Sports Law Review

Co-Author: Fall 2013

The article, Jay Z Has 99 Problems, and Being a Sports Agent May Be One, takes a look at Jay Z’s history of successful business ventures and seeks to analyze the impact that his newest venture, Roc Nation Sports, will have on the sports agent industry for years to come.

DePaul Journal of Sports Law & Contemporary Problems

Author: March 2013

The article, Pain in the Head: The Official Helmet Company of the NFLs Potential Liability in the Concussion Lawsuits, sheds light on the pending litigation against Riddell, which will naturally include discussion about the claims made against the NFL, because these two defendants have been joined together in multi-district litigation.

Sandra Day OConnor College of Law at Arizona State University Sports and Entertainment Law Journal

Co-Author: February 2013

The Journals lead article, An Offer They Should Refuse: Why Conflicts of Interest Raised by Dual Representation among Player Agents is a Major Threat to the NCAA and Professional Leagues, examines the plethora of conflicts of interest that Player Agents deal with each and every day. To remedy the ambiguity in dealing with these conflicts, the Authors suggest adoption of portions of the Model Rules of Professional Conflict.

NY State Bar Association Journal

Co-Author: February 2013

The Journals cover article, Made for Each Other: Social Media and Litigation, dispenses background information about the various types of social media, discusses how social media can be used, both in the courtroom and for other legal purposes, provides strategies for introducing information obtained through social media into evidence, examines the ethical and legal concerns raised by social media and its uses, and presents suggestions for further study.

DePaul Journal of Sports Law & Contemporary Problems

Author: Spring 2012

The article, Money and Sports: Economic Realities of Being An Athlete, claims that under the current NCAA rules, the intercollegiate athletes are the only stakeholders not benefiting from their relationship with the NCAA.

Pace Intellectual Property Sports & Entertainment Law Forum

Co-Author: Spring 2012

Baker, Heitner, Brocard and Byon, in their article Football v. Football, analyze agent regulation in the NFL and compare it to how agents are regulated in France for Ligue 1. The article begins with a brief discussion on the concept of a sports agency that includes analysis of governmental regulation of agency in both the United States and in France. The article continues by exploring how agents are regulated in their representation of the NFL and Ligue 1 football players. Subsequently the article concludes with a discussion that includes suggestions concerning future agent regulation for both the NFL and Ligue 1.

Virginia Sports & Entertainment Law Journal

Co-Author: Spring 2011

The article, In Baseballs 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 winners 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 NCAAs 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 websites content may be used as evidence in a lawsuit. Darren Heitner demonstrates how content published on a persons Facebook account may be discoverable for the purposes of litigation, even when the information sought is unavailable through Facebooks 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: Its 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 Athletes Guide to Agents: Fifth Edition

Contributing Writer: Dec. 2009

An Athletes 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.