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2012 Memo to Agents Re Amendments to the Regulations

2012 Memo to Agents Re Amendments to the Regulations

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Published by Darren Adam Heitner

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Categories:Business/Law
Published by: Darren Adam Heitner on Apr 12, 2012
Copyright:Attribution Non-commercial

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04/12/2013

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MEMORANDUMTo: Contract AdvisorsFrom: Legal DepartmentRe: 2012 Amendments to the NFLPA Regulations Governing Contract AdvisorsDate: April 10, 2012=====================================================================The following resolutions amending the NFLPA Regulations Governing ContractAdvisors were passed by our Board of Player Representatives at the annual Board meetings inMarch. While all of these amendments are important, we ask you to pay particular attention toResolution 1 which repeals the so-
called “junior rule” and
prohibits a Contract Advisor fromusing, employing or entering into any business relationship with an individual to recruitprospective player-clients who is not an NFLPA Certified Contract Advisor. Because of thissignificant change we will not make these amendments effective until June 1, 2012. Before then,we will forward to you an updated copy of the Regulations reflecting all the changes madethrough these amendments. As always, call if you have any questions.RESOLUTION No.1Junior Rule and Use of RunnersWHEREAS, due to the so called Junior Rule contained in Section 3B(30) of theRegulations Governing Contract Advisors, which has prevented agents from talking to college juniors before their eligibility is up
, an increasing number of “runners,” business managers, and
other individuals not regulated by the NFLPA have gone on college campuses to recruit juniorsbefore their college eligibility has expired, often running afoul of NCAA Regulations andpossibly causing a player to lose college edibility; andWHEREAS, persons who are certified as Contract Advisors under the Regulations arebetter suited to advise college juniors as to the propriety of entering the NFL after their juniorseason, and are subject to sanctions by the NFLPA if they do not conduct themselves inaccordance with applicable rules of the NCAA, the colleges, and the NFLPA;THEREFORE BE IT RESOLVED to amend Section 3B of the Regulations as follows:(1) Add the following subsection to Section 3B, Prohibited Conduct, to state thatContract Advisors are prohibited from:(32) Using, associating with, employing or entering into any businessrelationship with any individual in the recruitment of prospective player-clients
 
who is not certified and in good standing as a Contract Advisor pursuant to theseRegulations.(2) Delete Section 3B(30) of the Regulations so that certified contract advisors are nolonger barred from contact with college juniors before their last game in their juniorseason has been played.(3) Make any additional changes to the Regulations necessary to confirm with thisresolution.RESOLUTION No. 2Agent vs. Agent Disputes re FeesWHEREAS, there have been several recent cases where agents who have workedtogether in the same firm and who represent the same players decide to go their separate ways,resulting in between them over fees due from their player-clients; andWHEREAS, such a dispute puts the player in the middle of a conflict that is not of hiscreation, and puts him at risk if he pays the fee to one of the agents instead of the other;THEREFORE BE IT RESOLVED THAT the NFLPA Regulations Governing ContractAdvisors is amended to add the following provision to Section 5A of the Regulations, whichdeals with Arbitration Procedures and Disputes:This arbitration procedure shall be the exclusive method for resolving any and alldisputes that may arise from the following:(6) A dispute between two or more Contract Advisors with respect to their individualentitlement to fees owed, whether paid or unpaid, by a player-client who was jointlyrepresented by such agents, or represented by a firm with which the agents in question
were associated. In such cases, at player’s option any fees paid or payable by the player 
after the dispute arises shall be placed in escrow pending final resolution of such dispute,
and paid out of escrow in accordance with the Arbitrator’s final decision.
RESOLUTION No. 3Exception to Educational RequirementWHEREAS, the current NFLPA Regulations Governing Contract Advisors require that,in order to be certified, an agent must have both an undergraduate college degree and a post-
graduate degree, with the only exception being for a person who has “sufficient negotiating
experience; and

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