Sports Law – Roy Kessel

Roy’s Ramble (11-22-19)

rkessel — Sat, 23 Nov 2019 05:55:47 +0000

It has been an interesting week. Last weekend I was out in Buffalo for Project Play Western New York. This week I have been out in California for meetings with more sports youth organizations, promoting Sports Philanthropy WORLD 2020 and meeting with speakers and sponsors for that event coming up June 25-26, 2020. If you would like to register, you can get our SUPER EARLY BIRD rate through December 31, 2019.

For much of the week I have been attending MEGASUCCESS, a conference run by JT Foxx. It has been an amazing experience. I have also had an opportunity to reconnect with some good friends and have a chance to sit down for meaningful conversations with people who are trying to change the world.

Amidst all of the travel and activity, I am feeling very thankful for the people that I have in my life and recognize how fortunate I am to have many supportive people in my life. While I am involved with sports philanthropy all year round, especially at this holiday time, I encourage people to think about their good fortune and donate to causes that help with food insecurity. Blessing in a Backpack is great organization my daughter Julia is raising money for through her sorority. Blessings helps feed children in need and is something that runs across all races and geographic locations.

What I was following this week:

Colin Kaepernick—This situation got out of control quick. You can see what I wrote about “Plenty of Blame to Go Around in NFL/Kaepernick Fiasco.” Ultimately, even many of those who have spoken out in support of Kaepernick’s right to protest, like Stephen A. Smith, have come down harshly on him agreeing with what I wrote about him trying to dictate terms of a job interview. Stephen A’s comments this morning focused on the fact that the NFL was even allowing him an opportunity after he sued them, took a huge settlement and more. I will be surprised if he ends up on an NFL roster this season.

Tua Tagovailoa injury—People heaped blame on Saban, but the injury occurred in the first half so that is clearly absurd. No team sits starters in the first half, regardless of the score. The bigger concern might be the issue raised when it became apparent that Tua did not have the proper insurance to protect him in the event of an injury. That is a place where they are rightfully angry at the school because he should have had coverage to protect a drop in value, not just the total permanent disability. This is why athletes need representation to help them negotiate and ensure the proper steps are taken.

Athlete violence—In the wake of the Myles Garrett fiasco, there were many calls for the NFL to take a stronger stance against domestic violence or other violence against women. Some expressed disappointment that there was more outrage from Garrett’s conduct than some of the recent examples of violence directed to women. It becomes interesting to watch some of the double standards that exist where players and many members of the media seem to be more willing to give players a second chance or benefit of the doubt for a domestic violence incident than they do for Myles Garrett’s helmet swing, with some calling for a permanent ban.

The NCPA (National College Players Association) held an event at UCLA which was primarily focused on two issues: 1) health and safety of college athletes; 2) whether players should be paid or allowed to capitalize on their name image and likeness. The stories from the women on the first panel were heartbreaking. Listening to the abuse they suffered and hearing about the number of failures in the administration, you have to wonder how so many people could turn a blind eye to their pleas. Yet it has happened frequently. (You can read my more detailed summary of each panel coming soon if you check back on this site). The second panel focused on the issue of payments to players, either in the form of direct payments from the schools or allowing athletes to capitalize on their name image and likeness. Here are a few articles that I have previously written about the topic.
- NCAA Statement on Name, Image, Likeness Leaves Gaping Holes
- Only Two Choices Left for College Sports: Level Playing Field or Free Market

MEGASUCCESS by JT Foxx—Each year JT Foxx puts together an incredible lineup of celebrities for his MegaSuccess event. So far, the event has featured: Hugh Hilton, Steadman Graham, Gabriel Macht (Harvey Spector from Suits), Omarosa, Dr. Phil, Vince Vaughn, Dolph Lundgren, Jillian Michaels and many others. The celebrity aspect is truly just one part of the environment because the event draws over 2500 entrepreneurs from over 80 countries around the world. It is an incredible opportunity to engage with business leaders from around the world, learn about different cultures and network with successful business people trying to help each other improve their businesses.

California Organizations—Great trip out to California to have the chance to meet with several organizations. Met with LA Scores (Spotlight), AVP First (Spotlight) and GOALS (Spotlight coming soon). Each of them perform incredible work in their community and I especially enjoy the opportunity to take a site visit and see the way each group works. If you want to support our efforts to help organization’s like these, you can become a member of the Sports Philanthropy Network by joining here!

Project Play Western New York— Last weekend I had the honor to present to Project Play of Western New York in Buffalo. There were over 75 people leading youth sports organizations about how to improve their organizations and build their capacity. There was amazing energy in the room and people that are very passionate about helping kids in their community remain active, learn through sports and develop needed life skills and relationship building through their sports activities. A special treat to end the trip was the hospitality of the Buffalo Sabres who gave me my peek into the Key Bank Center as they hosted “Hockey Fights Cancer” night. I managed to be a good luck charm to help the Sabres end their 7-game losing streak (with a 4-goal game from Jack Eichel).

If you didn’t have a chance to see some of the other things I have been involved with or written recently, take a look here:

Wishing you and your family a Happy Thanksgiving!

Roy’s Ramble, November 1, 2019

rkessel — Sat, 02 Nov 2019 03:35:37 +0000

HUMOROLOGY DONATIONS

SUPPORT BLESSINGS IN A BACKPACK, A NATIONAL NON-PROFIT ORGANIZATION THAT FEEDS SCHOOL CHILDREN IN THE UNITED STATES.

TOP STORIES THAT I WAS WATCHING THIS WEEK

NCAA statement on compensation for Name, Image and Likeness–The NCAA came out this week and said that they were going to start to examine how to allow athletes to receive compensation for their Name, Image and Likeness. However, if you read the NCAA’s actual statement about the situation, you will see that it is truly full of gaping holes. Take a read here as I outline some of the problems with the way that NCAA is going about this process.

LEVEL FIELD OR FREE MARKET—After you read the article above, take a read through this analysis about the only two options that are really left for college sports: 1) A level playing field; or 2) A free market system. Are you ready for these changes? Well, it doesn’t matter because you will have to choose a side! You will see the arguments for each side and then we would love to see you vote which side you would take.

ARENA FOOTBALL—The news that the Arena Football League was going out of business indicates the second professional football league to fold this year, after the AAFL. The trouble is that the minor league sports are a very difficult business model and if they cannot get secure financial backing as well as solid TV contracts, they are going struggle. The XFL is picking up momentum as it heads towards its kickoff and it is getting more coverage in the mainstream media and talk radio circuits.

IHSA REFUSAL TO ALLOW CPS SCHOOLS TO PARTICIPATE IN STATE PLAYOFFS—The lengthy Chicago Public Schools teachers strike had many unintended consequences, not the least of which was the fact that the Illinois High School Association decided that it would not allow the CPS schools to compete in state playoffs for the fall sports. I am still really not clear what the rationale was for that position, but it seems to me that the kids who have worked so hard in their sports all season long should not be forced to miss the playoffs. I am not weighing in on the right decision regarding the now settled strike, but punishing the kids seems to be in nobody’s best interest. Kudos the judge that finally allowed the students to compete.

WORLD SERIES—Truly an amazing series. It is unbelievable that the road team won all 7 games. The Nationals managed to pull it out and won an amazing number of games with clutch hits. Brewers fans are probably still lamenting the one game playoff they lost when they appeared to have the game in hand and the Nationals rallied with clutch hits. To me, one of the most disturbing calls was the interference at first base, but thankfully it was made little difference in the game so it can just be relegated to a footnote.

AXIOS—They hosted an event on Wednesday related to criminal justice reform. A star-studded lineup came through including governor JB Pritzker. A lot of interesting issues were addressed and you can read more of the details here. The criminal justice reform issues continue to lag and the slow pace of change is detrimentally impacting a lot of families.

Chicago Sports Commission—Billed at “Telling Chicago’s Story”, the panel included longtime Chicago media members Dave Revsine (Big Ten Network), Peggy Kusinski, Dave Eanet (Northwestern Sports) and Lou Canellis. The panel was moderated Tarah Cooper Wright who is currently in the role of CEO and Partner of the Rise Strategy Group. She put some very interesting questions and each panelist got the opportunity to tell some of their favorite stories.

AXELSON—The Axelson Center for Non-Profit Management put together a nice event on Tuesday. They host periodic events around the Chicago area aimed at improving the work of non-profit organizations. Take a full read here for more details about Tuesday’s event.

JEFFREY EPSTEIN–The story coming out this week about Jeffrey Epstein’s death potentially not being suicide could be the least surprising story of the year. With all of the information that he had about a lot of powerful people, someone getting to him was a virtual guarantee. The complaints of the Federal Bureau of Prisons aside, you have to wonder how much help someone had to get to him.

ENTREPRENEURS—One of the things I really enjoy is sitting down with entrepreneurs and non-profits and seeing how I can help them improve their operations or take a new product/service to market. I had a chance to sit down with some very interesting organizations and companies this past week and look forward to sharing more details with you over the coming month.

UPCOMING EVENTS

AMERICAN ISRAEL CHAMBER OF COMMERCE—LEADERSHIP AWARD DINNER, MONDAY, NOVEMBER 4, 2019. Here is a link to the full information. I hope you can join us. If you are interested in coming as my guest, please send me an email ASAP so that we can get you on the list. This great organization builds relationships between businesses in Israel and the United States.
PROJECT PLAY, WESTERN NEW YORK—I have been honored to be invited to present to a group of non-profits that are funding by Project Play of Western New York on November 16, 2019. These organizations do a lot of interesting work in their respective communities and I am excited to share with them a variety of ways to help them build capacity and sustainability in their operations.

HUMOR FOR THE WEEK

MOTIVATION FOR THE WEEK

Only Two Choices Left for College Sports–Which one will you pick?

rkessel — Fri, 01 Nov 2019 15:39:08 +0000

Do you want a level playing field? Or a free market system?

In the wake of this week’s statement by the NCAA that it intends to explore ways for athletes to be compensated for their name, image and likeness, it appears that we have only two options left for the direction college sports is going to go.

Option 1: Free Market

Option 2: Level Playing Field

We are going to explore these two options and I am very interested to hear what you think will ultimately be the choice. I have my opinions but I will save them for the end of this article. With California passing its law and other powerhouse states like New York, Florida and Illinois being well on their way to implement similar laws, it was only a matter of time until the NCAA fell in-line with the economic realities and public sentiment about allowing athletes to receive compensation. Unfortunately, the NCAA’s own statement fell far short of coming up with a viable framework which would let student-athletes really understand how the NCAA would interpret the concepts in its statement. You can read more details here in terms of the gaping holes left by the NCAA’s position. Even after you read their statement and understand this holes, you have to take a step away from the anger, hostility and frustration which have long been a part of this discussion. Catch your breath, open your mind and ask yourself what an ideal world of college sports looks like. Most of us can agree we are not there right now, but the question is whether there is even a pathway to get there.

In my opinion, there are only two options. There is no slippery slope, because there is really no place to stop. Or even try to stop. This looks more like a cliff. You are either at the top, or you are at the bottom.

LEVEL PLAYING FIELD

The entire purpose of the NCAA regulating competition in college sports was to preserve some degree of a level playing field. Recruiting restrictions, scholarship limits, admission requirements and virtually everything else that the NCAA governs were put into place to preserve that level playing field. Why are the restrictions virtually limitless and the penalties so draconian? Because Michigan and Ohio State do not trust each other to compete fairly. Alabama, Auburn and LSU believe that its competitors would do everything in their power to win. While the NCAA is an easy target, the reality is that the rules are implemented by the schools. The schools are the ones that want help to protect themselves against other “rogue” schools that would implement a win at all costs arms race. If one elite school in a conference wanted to pull out all of the stops, then other schools would be forced to do the same thing in order to compete.

Many people would argue that the playing field is already unlevel. If you look at the revenue generated in the Power 5 conferences, there are great disparities between the top schools in the Big Ten, SEC, Big 12, ACC and Pac 12, especially when you compare them to the lower level schools in each conference. The challenge in front of the college sports community, is how the Name, Image and Likeness (NIL) conversations are going to change college sports.

IF (and that is a big if), you desire to retain a level (or more level) playing field, you will need to grant the NCAA potentially even more power to regulate the actions of the schools, limit the ways that athletes can earn money and monitor how and when that money is paid to the student-athlete.

If that concept sounds repugnant to you, then you are probably a proponent of the FREE MARKET below, but just be careful, because you might get what you wished for.

FREE MARKET

The Free Market solution means exactly what it sounds like. ALL bets are off. The rules are no longer in existence. Colleges can recruit athletes in any way that they choose. Just like colleges can recruit students today. Nobody monitors whether the students Michigan chooses to admit are following the same requirements as the students Ohio State admits. Alabama can currently admit its choice of students and provide them as much financial support as it chooses as an institution, without any regard to what Auburn or LSU might offer that same student. So why is this a bad thing? It might not be. Let the institutions make their own admission decisions just as they currently do for non-student-athletes. Goodbye NCAA Clearinghouse. Goodbye to regulations about core requirements, minimum GPAs, non-qualifiers or any other form of regulation.

QUESTION: Will this change college sports?

ANSWER: Absolutely. 1000%. Schools will now be free to recruit, pay, provide financial support or do ANYTHING else that they want to attract talent. Just as they currently do for regular students. College sports has changed and it is going to continue to change. The current model is not sustainable and expecting the NCAA to solve the problem is naïve. Olympic sports have easily survived the transition from the amateurism model to one that allows all forms of compensation. So what? Don’t we want to identify the best athletes?

QUESTION: Will this concentrate the power in some of the elite schools.

ANSWER: Yes. It is highly likely that many of the elite Power 5 schools will get the first choice of talent. But so what? If they have the incentive to field a competitive team, the school now has the obligation to make its institution attractive to student-athletes. Shouldn’t we want the student-athletes to make the decision for a reason that makes sense relative to their future goals? If some school is willing to pay more for you to come to their university, might that not be a good thing for the student-athlete? Would some of them consider schools that they would not have considered if they were able to be paid more?

QUESTION: Doesn’t that cheapen the process?

ANSWER: No. It actually makes the school selection process more appropriate to the individual athlete. A player could decide if a smaller payment from Alabama was more worthwhile relative to his professional football prospects, as opposed to cashing in a lower level Power 5 school or even a non-Power 5 school that would give him a greater compensation package.

QUESTION: How are student-atheltes supposed to be able to navigate this process?

ANSWER: Like people in all other aspects of the business world—they would have to hire an attorney and/or agent. Open up this type of consultation and representation, would mean that the student-athletes would have someone helping them navigate the process and negotiate the best deal possible.

So now that you have read some of the options, tell us what you think? Do you really feel that there is another way? Is there any room to compromise and implement some reasonable regulations? I don’t see it. I think we are headed towards the free market system, and heading there quickly. We will not ever see a truly level playing field (or even one approaching what we have now). The universities will have to use their own judgments, morals, endowments and other factors to decide who they want to admit. What type of students? What type of athletes? Spending how much money? Now the athletic department will have to make some economically rational decisions as to who it brings in. Currently, a football program will bring in 85 scholarship players. They can only have 85. So if they are full, they have to find a way to reduce that number (also known as running off a player). If someone is not performing, they can be recruited over, meaning the school does not have to continue to honor their scholarship.

Let’s be clear, the free market system is not without problems. Without a governing body it could be like the Wild West. Players could be bought each year. Players at one school could be recruited to transfer to another school the following year (even if the contracts provided differently). An entirely new body of law would develop around this area because none of us have any idea whether courts would enforce a restrictive covenant in the scope of a college athlete who signed with a university for financial aid or other compensation to play football there. In this free market system, we would almost certainly see the development of a players union. Someone would need to representing the players and their long-term interest.

Regardless of which side of the issue you are on, one thing is guaranteed. This next 5 years are going to contain some of the most radical changes college sports have seen. If you look back at this past week, you will see that this was when the change in the landscape became irreversible.

VOTE NOW: WHAT DO YOU PREFER? LEVEL PLAYING FIELD? OR FREE MARKET?

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Take the poll here!!

If you didn’t have a chance to read our earlier post: NCAA Position Leaves Gaping Loopholes, here is your chance

NCAA Position Leaves Gaping Loopholes

rkessel — Wed, 30 Oct 2019 15:41:24 +0000

6 Problems with the NCAA’s Statement about allowing athletes to be compensated for Name, Image and Likeness

Yesterday the NCAA released a statement proclaiming that it was starting the process to allow student-athletes to be compensated for their name, image and likeness.

Sadly, though it is at least a step in the right direction, it leaves loopholes that are big enough to drive a football equipment truck through.

While it is nice to see the NCAA finally taking any type of action, its own statement raises many of the exact issues that I predicted as trouble spots in my October 4, 2019 posting: California’s Name, Image, Likeness Law Won’t Solve All Problems with NCAA.

Since that time, New York, Florida and Illinois have also proposed legislation that addresses these areas.

A peek at the headlines that littered Twitter and the sports journalism landscape yesterday included the following headlines from high profile and reputable sources:

None of those headlines seem to accurate capture what the NCAA actually said in its statement. The NCAA did not set any clear timeline nor clear guidelines nor an indication that it was going to do anything other than “examine” the process and find a way to make some change. In my opinion, when you look at the words: “in a manner consistent with the collegiate model” you start to see the problem?

You have visions of enforcement nightmares and the bureaucratic inefficiencies of the NCAA coming to mind. Most people in sports (and elsewhere) agree that the collegiate sports model is broken. So now you have the leading organization telling us that the Name, Image and Likeness issues need to be handled in a manner consistent with a broken model? Obviously, that makes little sense.

The NCAA is hardly perceived as a bastion of fairness when you see how much trouble it has enforcing relatively simple regulations like transfer waivers. Some players like Ohio State’s Justin Fields are granted immediate eligibility. Others like Wisconsin basketball player Micah Potter are now told to sit out what amounts to three semesters of basketball despite having the support of the school he was leaving in his the petition for immediate eligibility (which isn’t even really immediate eligibility because it is already after having sat out a full season).

Fortunately for us (and unfortunately for them), the NCAA even lays out the manner in which it intends to treat this initiative. You can see in its own language, how difficult it is going to be to enforce these guidelines:

Take a look at all of the wiggle room that is identify in each of these guiding principles

NCAA GUIDING PRINCIPLES ON NAME, IMAGE, LIKENESS COMPENSATION

►Assuring student-athletes are treated similarly to non-athlete students unless a compelling reason exists to differentiate.

Wiggle room: “treated similarly” and “compelling reasons” Who is going to make these evaluations?

►Maintaining the priorities of education and the collegiate experience to provide opportunities for student-athlete success.

Wiggle room: “priorities of education”–Whose priorities? “opportunities for success”–What type of success? Defined by who?

►Ensuring rules are transparent, focused and enforceable and facilitate fair and balanced competition.

Wiggle room: “transparent, focused and enforceable” and also “fair and balanced” These are virtually impossible to enforce fairly.

►Making clear the distinction between collegiate and professional opportunities.

Wiggle room: What exactly is that distinction in the current world?

►Making clear that compensation for athletics performance or participation is impermissible.

Wiggle room: Of course you are getting paid for performance or participation. You only have value if you are on the field and being seen by the consumer! So the better you play and the more you play the higher your market value.

►Reaffirming that student-athletes are students first and not employees of the university.

Wiggle room: This is a pure CYA (cover your ass) move by the NCAA and the universities. They don’t want student-athletes positioned as employees because that causes all kinds of tax issues, liability issues and potential health-care issues.

► Enhance principles of diversity, inclusion and gender equity.

Wiggle room: How is any of the name, image and likeness going to address these larger issues? Nice as a theory, not practical as a way to determine what is permissible.

► Protect the recruiting environment and prohibit inducements to select, remain at, or transfer to a specific institution.

Wiggle room: Recruiting environment already a problem and played on an uneven landscape. This will only make it worse. Virtually no way to distinguish what is a payment to select, remain at or transfer to a particular institution compared to what is a payment for “name, image and likeness” while you are at that institution (i.e. an athlete has no value to a business in Columbus, Ohio unless they are playing in Columbus and not in Tuscaloosa).

Can you honestly imagine the NCAA finding a reasonable way to enforce these issues? I could literally come up with 100 problems with these guidelines but let me just share a few of them to highlight the difficulties the athletes, schools, conferences, NCAA and businesses are going to have with this process:

PROBLEM #1

Problem #1: Do you trust the NCAA to handle the intricacies and nuances of regulating this process?

Answer: No chance. The NCAA has not proven itself to be transparent and explain its rulings. I believe that the hidden nature of the NCAA proceedings has been an enormous detriment to the organization and more importantly to the goals of the organization. It seems to be against its own interests to keep the rationale secret because that uncertainty undermines the process. If you really look at the multitude of issues that will arise under any potential legislation, you are now asking multiple parties to be part of the process, further complicating an already complex set of issues. The student-athlete, his/her university, the conference, the NCAA, the state laws and the business desiring to contract with the athlete all have their own interests. Toss in sports agents, attorneys, marketing agents, financial advisors and many other and you will quickly see how implausible it will be for the NCAA to properly govern these issues.

You don’t believe me? How about NCAA President Mark Emmert? The USA Today article above quote him as saying that threading those general principles into meaningful rules changes for for Division I schools will be challenging.

PROBLEM #2

Problem #2: When are the players going to get paid?

Answer: There is no guidance on this issue. Some people suggest that the NCAA’s solution is going to be that the funds go into some form of trust until the player either graduates or leaves school. That somewhat defeats the purpose of allowing an athlete to have a stream of income that they might need for their survival or to help support their family members (or even–GASP–for them to be able to enjoy the fruits of their own labor). Paying them immediately does not necessarily remove the problems because now you have teammates competing together, only some of whom are getting paid (see below). What happens when the star QB, WR, RB are getting some lucrative endorsement deals, but their offensive linemen are not? Does this internal jealously create rifts on the team? Are the stars allowed to “share” their compensation with teammates? In the NFL, QBs and other stars are more highly paid than their teammates. But the teammates are still pulling in mid-6-figure incomes (or more). Additionally, there is no restriction on the QB buying dinners, vacations, watches or other luxuries for the guys who help them succeed. Leaving this in the NCAA’s hands to monitor this process is just going to create a mess.

PROBLEM #3

Problem #3: Who is representing the players?

Answer: Historically, the NCAA has prohibited (with a few exceptions), college athletes from having proper representation. The NCAA’s perspective has been that the representation of the athletes makes them a professional and therefore, no longer eligible for college sports.

With the array of regulations and drama that is going to accompany a change of this magnitude, it only seems fair for us to allow the student-athletes to retain an agent or an attorney to help understand and manage this process. If we are moving towards a free-market solution, then why not go all of the way to the free market. Asking student-athletes to navigate these murky waters alone is entirely unreasonable, especially given that everyone else in the process has extensive representation.

PROBLEM #4

Problem #4: How many players really merit compensation on the open market?

Answer: It depends on how you define “merit”. If you truly use the concept of “name, image and likeness” then only a few college athletes would reap benefits. Take out QBs, RBs, WRs and a few high profile defenders, and the estimate is that fewer than 10 players on a Power 5 football team would have “true marketability.” Others that are paid compensation would be getting it in order to attract them (or retain them) at a university. These payments may be disguised as Name, Image and Likeness payments, but they would violate the NCAA’s own guideline language.

PROBLEM #5

Problem #5: What happens when some players on a team get paid and others do not?

Answer: What happens when the star QB, WR, RB are getting some lucrative endorsement deals, but their offensive linemen are not? Does this internal jealously create rifts on the team? Are the stars allowed to “share” their compensation with teammates? In the NFL, QBs and other stars are more highly paid than their teammates. But the teammates are still pulling in mid-6-figure incomes (or more). Additionally, there is no restriction on the QB buying dinners, vacations, watches or other luxuries for the guys who help them succeed. Leaving this in the NCAA’s hands to monitor this process is just going to create a mess.

PROBLEM #6

Problem #6: This process will not help protect the athletes or the universities

Answer: Correct. Athletes can still be taken advantage of. Unscrupulous boosters and agents will still have ways to get at the athletes. Unrepresented athletes will be susceptible to entering into contracts which are not in their short or long term interest.

From the university side, the competitive landscape will become more ruthless. Instead of negative recruiting or recruiting players previously committed to other schools, the universities will have to contend with a whole array of compliaance issues, booster issues and competitive issues. The recruiting process will start looking like a bidding war, only it will be diguised to fit within whatever parameters the NCAA establishes.

The bottom line, is that I could keep going and going and going. There are more problems in this NCAA statement than what possibly is solved. We are going to be in for huge changes ahead in the college sports system. Many people will not like them because there is really no middle ground.

Tune in tomorrow to read our next article when we look at the reality of the landscape in college sports. Truly, there are only two options: 1) Try to maintain a level playing field; 2) Completely open up college sports to the free market.

Neither solution is perfect and each has its own pitfalls. Check back and read our analysis tomorrow and then tell us which side you choose. Remember, there is no middle ground and you are forced to choose one side of the other! It will be interesting to see how you all vote!

Roy’s Ramble, October 4, 2019

rkessel — Fri, 04 Oct 2019 13:49:37 +0000

California Name Image and Likeness Law. While almost all of us agree that college athletes are exploited in many respects. However, you have to question whether the “solution” is the proposed Name, Image and Likeness law that was passed in California and is now being proposed in many other states. You can see a more detailed look that I wrote in this article which takes a peek at some of the difficulties which would be involved with enforcing this law. Well intentioned–absolutely. But it is a going to be an enormous change in college sports, and not in the way that people are expecting!

Targeting, Helmet-to-helmet and Vontez Burfict. Targeting is bad. Taking cheap shots at players heads is bad. Failing to control your aggression and causing potentially life-changing injuries is something both the NCAA and NFL need to prevent. But the trouble comes about when they penalize a result or a repeat offender way beyond the actual offense. You will be hard pressed to find someone to defend Vontez Burfict’s typical behavior and on-field aggression. He has served multiple suspensions and most of them are well deserved. Suspending him for the remainder of the year for a hit that occurred within the scope of the play seems excessive even given the escaxlating punishments. But his reputation has a major impact here. Here is a link to Burfict’s hit. For comparison, take a look at this hit on Green Bay Packer Running Back Jamaal Williams by Eagles’ Derek Barnett. The hit on Williams was FAR later in the play and completely unnecessary to bring Williams down. It is hard to understand how the NFL can look at that play and not believe he should have been tossed from the game and suspended. To my eyes, the hit on Williams was much more of the hit you are trying to eliminate, especially since it is not really in the scope of the play.

Inadvertent Side-effect of NCAA Redshirting Rule. People rarely feel that the NCAA has an athlete’s best interests in mind. Yet, when the 4 game participation rule was passed last year for football, it seemed like a good way to balance the interests of the players and the universities by allowing athletes to get a bit of experience without losing an entire year of eligibility. Unfortunately, from what you are seeing this year, the inadvertent side effects appear to be reaching epidemic proportions. In the past few weeks, we have had players at Houston and players at Rutgers decide to sit out starting in the middle of the season. Players are deciding after a “poor” start to the season, a mid-season coaching change or a potential coaching change, that they should “stop” playing until the following year so as not to “waste” a year of eligibility. This leaves the team and interim coaches in a really difficult situation where players they were relying on now have the ability to decide not to be part of the team. I am sure that this problem will only grow and ultimately coaches and universities will have to figure out a reasonable (and legal) way to prevent this from happening in the future. UPDATE OCTOBER 8, 2019: NOW EVEN SPORTS ILLUSTRATED IS COVERING THIS SAME ISSUE!!

HUMOR FOR THE WEEK

MOTIVATION FOR THE WEEK

California’s Name, Image, Likeness Law Won’t Solve All Problems with NCAA

rkessel — Fri, 04 Oct 2019 06:02:12 +0000

While almost all of us agree that there are some exploitations in the way college athletes are compensated, you have to wonder whether the “solution” is the proposed Name, Image and Likeness (NIL) law that was passed in California and is now being proposed in many other states.

The concept of the law itself is superficially appealing because it appears to create an avenue for athletes to get compensated for their Name, Image and Likeness, something that has been prohibited up to this point. The challenge in this situation is going to be how the NCAA attempts to regulate the manner in which the athletes can be compensated. Up to this point, the NCAA has struggled to consistently apply its regulations. While the attempts by states to influence the NCAA to change are noble, let’s take a look at whether they will really achieve the articulated goals.

Reading through the California law, the proposed New York law and the proposed Florida law, none of them account for the very real challenges and potential for abuse. While the pressure from the states will ultimately force the NCAA’s hand and require it to allow NIL compensation, what the state laws do not address is what “other” ways the NCAA can regulate compensation for athletes and influence athlete eligibility.

The goal of most fans, most college athletes, as well as the critics of the NCAA, is to find a mechanism to allow the athletes to be compensated during their athletic careers. Some people want to call their scholarships compensation, which in and of itself would cause problems with workers compensation, insurance and much more. While people often say that the scholarship is “not enough”, at many schools, the total cost of attendance is in the range of $40,000 to $50,000. In addition, nobody can deny that the athletes (for all sports), get an array of services that is far beyond what the typical student would receive (food, supplements, tutoring, academic support, athletic training, medical treatments, strength and conditioning, use of facilities and more). At the recent Chicago Sports Summit, DePaul University Athletic Director Jean Lenti Ponsetto estimated the total allocated cost for supporting an athlete at $250,000 to $300,000. Included in this total was an allocation of all of the support services for the athletes, other than the out of proportion salaries for head coaches for football and men’s basketball. So essentially, her number includes salaries for assistant coaches, athletic trainers, strength and conditioning coaches, academic support services, nutrition, sports information directors, team managers and more.

When we hear athletes complain that they are not getting “enough”, one question that is frequently raised is what type of compensation these athletes would get if they walked out of high school and tried to get a “normal job.” In today’s world, I think we would all be hard pressed to find a situation where a high school grad would be able to get a job paying $50,000 per year absent some special skills.

So while we applaud the state’s for pushing this issue and forcing the NCAA’s hand, we have to remember that there is going to be a lot of work to handle this enormous change in college sports, one which neither the NCAA nor the states are equipped to handle.

THE PROBLEMS

Some of the problems with these laws include the following:

No restriction on how the athletes can be paid
No restriction on when they can be paid (i.e. before enrolling or playing in actual games)
No requirement of reasonableness or market rate (see below)

WHERE THE ABUSE WILL COME INTO PLAY

The state laws simple make it illegal to invalidate the eligibility for players who are compensated for their name, image and likeness. However, without a mechanism to handle the anticipated abuses, we are simply going to see some “legitimate” compensation to high profile athletes and a lot of underground payments to athletes who truly have no marketability.

For example, look at the NFL. Very few players have actual endorsement deals. VERY FEW. On a national level, the number is probably lower than 25. On a local level on each NFL team, with a few exceptions, you might have a dozen players that are actually being paid for endorsements and perhaps another dozen that are getting something in trade (restaurants, car dealerships, bars, etc.).

Under the proposed state regulations, any “payment” to an athlete can be disguised as a NIL payment. Hey, you are a good looking kid, if you are here in Columbus playing for Ohio State, we could put you on our car dealership calendar or give you the use of a vehicle.

How would that be regulated? Should it be regulated at all or should we let the free market forces take over entirely in this space? The challenge is how we are going to make this an allegedly level playing field. If you were to take “true market value” of college athletes, there would be less than a dozen players on any college team that merit consideration for NIL compensation. It is easy for us to earmark payments to an athlete when they are a Heisman contender or star player. We can take a percentage of their jersey sales or we can figure out the media value of them being used on a billboard or in a promotional advertising campaign. But going into to college, how many athletes have that power? I would hate to see a restriction on when a player can get paid because they will create too much subjectivity.

My skeptical side says cheating will still go on. Underground payments will still occur. They will just be disguised differently.

It will be interesting to watch the NCAA’s reaction. With other states jumping on board with California, the NCAA is definitely running out of time and I would anticipate seeing some response from them before the end of 2019.

17 Tips for Selecting a Sports Agent

roy.kessel@sportsbrain.com — Tue, 01 Jan 2013 14:35:33 +0000

Roy Kessel ready to represent players

One of the most important decisions that a college football player has to make is the selection of an agent to represent them in their mission to reach the NFL**.

Unfortunately, there is nothing that prepares these players, nor their families for this process. Just like the recruiting process in high school, the athletes go thru it one time. The agents have typically been thru the process dozens or hundreds of times. So the agents know the rules, know the hot-buttons and know how to manipulate the information into a format which is most digestible for the player and their family (or most slanted to the agent’s favor)

It is really an unfair advantage, and an unnecessary one. The schools could do some basic education about the process. This would arm their student-athletes with the information that is easily available. It would allow the players to get a grip on the process before the agents start recruiting them. We will have a follow up article about how the schools could do a better job educating players and managing the process, but for today, we are examining the most important things a player needs to know in order to select the best agent for themselves.

So here are 17 tips for making a good selection of an agent:

Big Names are not everything
Complete trust is the single most important element in choosing your agent
More money does not equal better representation
But, more money can help provide you with important services
Beware of promises
Do not believe everything you hear
Make sure that they behave professionally
Make sure that they have their own success(es)
Understand the process before you start
Best time to meet with agents is after Spring football before fall camp starts (for those who are planning ahead for next year)
There is nothing an agent can do for you during your senior season (legally)
Training facilities are rarely the differentiating factor
Beware of bundled services
Don’t put all of your eggs in one basket
Make sure you are comfortable�fully comfortable
You have to be open and honest throughout the whole process
There is no rush-do your own due diligence

Big Names are not everything�it is great that some of the big names” are interested in representing you. But you have to ask yourself the question, Is that the type of person/agency that I want to be represented by.” There are many good independent agents so make sure you consider some of the following factors. Your agent does not need to be with the biggest organizations. The agent’s experience is definitely relevant, but the real question for you becomes the agent’s ability to service your needs. Will the agent give you the personal attention you desire? How much effort will they put in if your career runs into some bumps along the way? Will they stick with you and help even if you fail to live up to the overall expectations. I have heard many stories of players, even high draft picks, who failed to get proper help and communication from their agents because the player was running into difficulties and not living up to his potential. While larger agencies can provide some additional perks and benefits, remember that the most important part of the agent’s role is to help guide you through the draft process and the contract negotiation. The other perks are typically relatively minor in comparison.

Who do you fully trust? TRUST is the #1 most important element in this relationship. If you do not trust EVERYTHING that your agent is telling you (because of lack of experience, potential conflicts of interest, other agendas), then you will have a very difficult time having a productive relationship. One of the hardest parts going into this process is the feeling that you are in it alone and you do not have anyone to trust. The person you trust the most SHOULD be your agent. If you do not get that feeling about an agent you are considering, (or that is currently representing you), then you should look elsewhere. There will be many frustrations as the process proceeds, you need someone you can rely on, and someone you TRULY believe is giving you honest and accurate information (as opposed to the information that YOU want to hear or the information that THEY want you to hear). Other players will yap in your ear, other agents will try to steal you away and often even college coaches, pro scouts and training facilities will try to have an impact on your selection. If you fully trust your agent, that should just amount to background noise. If you do not fully trust your agent, then that chatter will become a big distraction and continually create the doubt which will undermine your relationship with your agent.

More money does not equal better representation�Over the years I have seen many, many agents jump into the process, spend a ton of money, make a quick splash and then flame out quickly. Often they flame out because they fail to properly evaluate prospects and spend in the wrong places. Other times they flame out because they were more concerned about the splash and the image than they were about working hard on behalf of their clients. Many people are not willing to put in the effort that it takes to represent athletes. Once they realize that the business side of being an agent is not about being at parties, events and games, they get easily discouraged. While it is nice to be taken to an expensive dinner, and to be given other perks as part of the agent recruiting process, you would NEVER select other professionals (accountants, lawyers, financial advisors, etc.) by how much they spend entertaining you. You should not select an agent based on that criteria either.

More money does help provide you with important services�Money is not necessarily evil. Money is a very important element in this process. No agent can represent you well without having the resources available. Someone struggling in their own life may not be in a position to do a good job for you. If they are stretched thin as a result of business demands, family demands, divorces, business failures or other draining events, their ability to help you might be limited. It takes a lot of money to pay for the required travel, training and other expenditures that are part of the recruiting, training and draft process. The biggest agencies can offer many of these perks, but there are many successful agents who operate in a smaller agency environment and do a terrific job for their clients.

Beware of promises�nobody can promise you what round you will be drafted in, what team will draft you or which teams will offer you opportunities as an undrafted free agent. This is especially true early in the process when you have not had the Senior Bowl, East-West Shrine or any other all-star games, you have not been to the NFL Combine, and you have not gone through your pro-day workout. People can give you a fairly accurate idea of where you might fit in to the overall ratings (based on earlier scouting reports), but you have to recognize that many of those rating systems are flawed and are only early projections. Until the entire process is completed, you should be wary of these promises. Do you own homework. Each year there are significant changes between the top players projected coming into the season, and where they end up in the draft. I once met with a father of a DL at Michigan. He was upset because I told him his son was a 7^th round pick or free agent. He said he had other agents promising him that he was probably a 2^nd round pick or at worst” a 3^rd round pick. Needless to say, he signed with another agent and didn’t get drafted. Just because one agent is giving you information you do not like to hear, that does not mean he/she does not believe in you. In fact it might be a signal that they are being more honest with you. If they did not want to represent you, they would not be recruiting you.

Do not believe everything you hear (or that is presented to you)�make sure that you understand the sources of the information being presented to you. A lot of the information you receive from different agents should be the same. If it is inconsistent with what several other agents have told you, it is worth further examination. Unfortunately, many agents misrepresent some or all of the following information:

their client lists
work that they have done for NFL players
their work history and background
contracts that they have negotiated
how much their players rose” in draft rankings after they started representation
the degree of customer service
their ability to get your marketing/endorsement agreements
the extent (and value) of their relationships around the league

Listen to everything that they say. Study it carefully. Do some of your own due diligence (as we explain later) or ask someone else that you trust to help. Some of the misrepresentations are very well disguised and hidden. In his book about the agent game (Illegal Procedure: A Sports Agent Comes Clean on the Dirty Business of College Football) , Josh Luchs gives some terrific examples of how agents completely changed projected draft orders of prior seasons early draft projections so that they could show how much they had helped their clients climb up the draft boards.

Make sure that they are professional�you do not need someone else to party with. You do not need a person who wants to hang out” with you. The person you are hiring as an agent is there to provide you with professional services. You have plenty of other people to hit the clubs with. You agent needs to spend his time networking with scouts, player personnel and coaches. In weeks like the Senior Bowl or the Combine he/she should be out late and working those networks. But your agent has his/her role to perform, and if they are looking for the party scene, they are probably not a good choice to provide you with the professional service that you are looking for. Obviously nothing wrong with the agent going out with you for dinner or drinks or spending time together at a club, but make sure you keep an eye on the frequency and extent to which they are living this lifestyle”

Make sure that they have their own success�This is one of the most important items. If you agent is dependent on YOUR success, than that means they are not established and have not achieved their own success. Even if you choose to select a less experienced agent, make sure that they have been successful in their prior endeavors (i.e. law practice, accounting, financial services, other business). Too often I see players signing with individuals with no demonstrated track record of any kind. They select someone they became close to (or often an agent or runner became close to the athlete with this in mind). These are the situations where the agent can become dependent on the athlete’s success and that level of desperation may cause the agent to take actions which are not in the player’s interest (i.e. giving in too easily to contract demands, asking the player for loans, not taking trips or attending events that the agent should be at). The professional track record of the agent you are selecting is very important.

Understand the process yourself before you start�This is something that you can easily do to help protect yourself. DO NOT accept all information given to you by agents as a given. Unfortunately, many of them want you to believe that they are giving you some proprietary secrets. They rarely are. Much of the information is available online through the NFLPA website or other easily accessible resources. One of my pet peeves is that many of the schools do a very poor job of educating their athletes. This failure allows the agents/runners to get closer to the players and provide them with information, misinformation or other inappropriate items. If the schools took time to educate the players about this process earlier in their college careers, they would be reducing the perceived power and value the agents have. A brief program of educating players would go a long way. And by educate, I am not talking about the NCAA rules, university regulations or other life skills (though those are also important). They need to educate the players specifically about the draft process, the agents, the timing, the expectations and the frustrations. My analogy is this: 1) the universities’ refusal to educate the players about the agent process under the rationale of they don’t need to know about agents until they are done with college football because they don’t need an agent before that”; would be like saying, 2) I am not going to talk to my kids about sex, drugs and alcohol until they are done with high school because they don’t need to be doing any of those things during high school.”

Training facilities are rarely the differentiating factor�Training is important. No question that good training can help you in the draft process. Good performances at all-star games, the NFL Combine and your pro-day can go a long way to solidifying your draft position. Read that again: Solidifying. Not necessarily changing. If you talk to NFL personnel, they will tell you that most of your grade comes from your performance during your college career, your character and your perceived ability to contribute (taken from observations, conversations with your coaches and interviews). Estimates vary, but I put the number at no more than 10% of your overall grade being determined by your actual physical performances at the NFL Combine and/or your pro-day. So if you take that number, ask yourself how much better any one facility needs to be in order to have a dramatic impact on your draft position? Find a place that you are comfortable with BUT DO NOT select your agent based on your like/dislike of a particular training facility. Trust your agent to have you in a good spot. If you are selecting an agent you like less because he has reserved slots at a training facility you like more you are asking for trouble. I still believe the colleges could eliminate almost this entire problem by training their athletes for the combine. Some schools do that, but at many schools the players training for the NFL Draft are viewed as a distraction rather than an asset and the staffs are happy to get them away from their current players. I think many players would do well training in familiar environments with a support network in place and some familiarity. Instead, the current trend seems to be to send the players away from their comfort zone, away from classes (if they still care about graduating), away from people that can allow them to be a normal person. When they get in the draft culture”, they have too much unstructured free time which can often become difficult for many of the players to manage.

Beware of bundled services�I have never been a fan of the model that allows the agents to virtually require a player to utilize all of the services that they offer. The important role of the agent is to be at the center of the circle with the player. The other service providers should be independent people/organizations in order to provide the best chance for checks and balances. If an agent says Don’t worry, I will take care of everything,” you should be concerned. In today’s world, no one person has the ability to handle their duties as an agent, as well as issues relating to: insurance, marketing, financial management, marketing, social media, training and conditioning, nutrition, legal services, accounting, etc. And just because you have a great relationship with one agent, that does not mean that you should necessarily be stuck with their people” for all of those services. The most healthy structure for the athlete is where all of those services are provided by independent people that can serve as checks and balances and prevent misuse of power or help you through difficult times.

Don’t put all of your eggs in one basket�related to the point above, I put this as a separate item just to make sure that you read it again. Do not give any one person/organization all of the power. Make sure that you develop a strong group and strong team to represent all of your interests. The different perspectives of your team of professionals will give you a valuable overview of what is going on in your world.

Make sure that you are comfortable�Your doubts will only increase as times goes by. If you are not comfortable now, you will probably not be comfortable later. You need to go in with full confidence and excitement.

Have to be entirely open and honest throughout the process�Your job is to find the best agent. Do not try to hold back information or play games with the agents. The agent can only do as good of a job as you allow. If you are holding back on your agent, that is a signal that you may not fully trust them (as discussed above). That will be extremely detrimental to the agent’s ability to represent you. As I often told my clients when they consulted me on legal issues, you have to tell me everything.” We make decisions based on the information in front of us and we develop strategies which allow us to avoid landmines and other problems. If there are hidden issues, that could undermine your own interests. If you are unhappy or upset or uncertain about things along the way, you have to realize that is to be expected. Your agent is there to help you resolve those issues and feelings. But if you get upset about something and do not discuss it with your agent, you are not helping yourself. You are building up the barriers and the resentment. If you are ultimately not comfortable with the way your concerns are addressed or with the explanations you are given, then you may need to look for different representation. However, if you fail to have the conversation with your current agent, you will not know the difference between normal insecurities and concerns as opposed to significant problems. If you ultimately have ongoing problems, then look for someone you trust so that you can discuss with them whether your concerns are a sign of real problems, or just needing a different perspective.

The best time to interview and meet with agents is after spring football and before fall camp starts�We included this section in here for the players who are starting to think about this process for next year, or in the future. Take advantage of the summer. Most schools will let you meet with the agents on campus if the agents are registered with your school and your state (as they are supposed to be). This demonstrates to the agent that you are in control of the process, that you intend to keep everything above board, and that you expect them to comply with all applicable regulations. Whether you do it on campus or not, make sure you meet with several agents, hear their varying pitches and give some thought to which 2-3 agents you might want to consider as part of your final process after your senior year. A lot can change during your senior season (for better and for worse). Let the year play out. Take the time to get to know the agents who are recruiting you. See whether they honor your requests and give you the space to play your season without distracting you from the task at hand. You will learn a lot about them when you observe how they treat you during this period and it should be considered an important part of the process. So get those interviews out of the way when you are not playing football. And then make sure you tell the agents that you need to concentrate on football. The professionals in the industry understand that. They will stay in touch but should not be intrusive and should not be disruptive your football schedule.

There is nothing an agent can do for you (legally) during your senior season�The most important thing you can do during your senior season is play football. And play well. Having a successful senior year greatly exceeds anything else that can be done in the draft process. So by the time you select an agent (and they go to work on your behalf) recognize that YOU have done the hard part. There is nothing an agent can legally do for you during your senior season that will help you in the process. They cannot pay for things, cannot take you places and cannot do any of these things for your family and/or girlfriend. Agents can stay in touch with you and are likely to email, text or call. But they should do that at times that do not disrupt the demands of your football or school schedules. Many will want to stop by and visit for a few minutes after games to show you that they are still interested in you. But if you lay out the boundaries over the summer during your interviews, you should be able to expect the agents to respect those requests. If an agent is doing improper things to recruit you, then you have to ask yourself whether they will be just as likely to do those things TO YOU at a later date. Any promises which violate NCAA, university or NFLPA regulations should be an immediate concern to you about the long term viability of the representation relationship, even if the immediate reward/perk being offered is enticing. You should report any improper activities to your compliance officer.***

There is no rush�Too many people rush the process. Too many agents will put pressure on you to make your decision. The reality is that other than selecting a training facility, the agent will have plenty of time to work on your behalf. I always told my clients I liked to have our representation in place prior to the Senior Bowl so that I could use that week to discuss my players with NFL personnel such as scouts, coaches and others that can influence the draft process. You do not need to sign as you walk thru the tunnel after your bowl game. You do not need to sign the day after you may have had a tough bowl loss. This is an important decision. Take the time to consider it properly. If you have followed the advice above and have interviewed agents over the summer, you should feel less rushed when your senior season ultimately comes to an end. Larry Fitzgerald did not sign with an agent until very late in the draft process because he had a very good understanding of the process, had people around him who helped him through the process and knew he was going to be a very high pick. He is an exception. But the point is DO NOT MAKE A DECISION UNTIL YOU ARE FULLY COMFORTABLE. Regardless of what pressures” are put on you by an agent, this decision is too important to rush. Make sure you do your own due diligence or have someone you trust help you with that process. The person helping you should NOT have any type of vested stake in the results of the investigation (i.e. should not be a current teammate, former teammate, college coach, university official or other players you know in the NFL—because each of these groups have significant potential conflicts of interest). The only type of information you should get from those groups is their perspective on the type of service and the integrity of the agent you are asking about. Remember, people will typically be VERY willing to tell you about things that they are unhappy about in their investigation.

As you go through the process, remember that you are selecting a person to represent your interests in a high stakes professional career. It is a very personal decision. There are many very good agents who are qualified to represent you. Think about your own values and the type of personalities you are comfortable with. Those should be your guiding principles.

* This article can apply in principal to many other sports and the agent selection process involved therein. Each sport has its own culture” and its own set of rules. It is important to select someone familiar with the landscape for the sport you are playing because that makes it more likely that they will have at least some of the relationships which will assist in representing you.

** Though some players acknowledge their willingness to work their way up through the CFL or AFL, the reality is very few players make it on this path and nobody’s career goal is to play at that level (though some are willing to accept it).

***yes, I realize many people reading this will tell me that is a fairy tale expectation, but I still believe that if the players were given education and an easy mechanism to report this conduct, it could be handled more effectively by the universities, the NCAA and the NFLPA.

Analysis of Sports Law Stories to Watch for 2011

roy.kessel@sportsbrain.com — Sat, 31 Dec 2011 16:22:52 +0000

So it is always interesting to take a step back and look at what we believed would be the Ten Biggest stories for 2011. I think we had a pretty good hit rate on these but we take a look in greater detail.

They certainly did not all make our Top 11 Stories for 2011 because I don’t think that anyone could have envisioned some of the things happening at Ohio State, Penn State, Syracuse and beyond.

Agent regulations–HIT
Concussions–HIT
Conference realignment–HIT
LA luring professional football teams–SWING AND MISS
Lance Armstrong federal investigation–SWING AND MISS
MLB use of instant replay–FOUL TIP
NBA CBA–HIT
NFL CBA–HIT
MLB CBA–SWING AND MISS
Roger Clemens–FOUL TIP
Social Media–HIT
Tiger Woods–FOUL TIP

Agent regulations HIT

We hit this one pretty squarely on point. There was finally some movement non this landscape to look into the issues of agent regulation and for the first time to really consider whether a national regulation would be appropriate and what measures would be needed to accomplish better regulation.

Concussions HIT

This one was easy, just as it will be for the next 10-20 years. You can put this one in the permanent list and enshrine it into the Hall of Fame. As we said in our preview,

It is probably the biggest health related issue in sports (and not just football) in over 20 years. While people pointed to steroids and other types of performance enhancing substances, concussions impact everyone that plays collision sports, not only those that voluntarily take banned substances.

Conference realignment HIT

Another busy year as schools moved all over the place, in many instances making the geographic and numeric conference designations meaningless. 12 teams in the Big 10; Ten teams in the Big 12; Pac 10 to Pac 12; And now we have teams from the west in the Big East, Missouri and Texas A&M in the Southeast Conference and more crazy moves potentially on the horizon.

LA luring professional football teams FOUL TIP

It was a story and the stadium construction was a big story. Might not have been big enough to warrant being in the Top 11 but was definitely a relevant story

Lance Armstrong federal investigation SWING AND A MISS (SWUNG WAY TOO EARLY)

This investigation still goes on in the background. Reports from sources that I trust a lot indicate that there are still potentially serious consequences ahead for Lance Armstrong. But we were probably a year premature given the slow pace of federal investigations.

MLB use of instant replay SWING AND MISS

MLB continues to be absurdly slow in adopting proper replay rules. An ongoing process that needlessly prevents getting the calls right. Still relevant but not a top story for the year.

NBA CBA HIT

You cannot get more relevant than the lockout which claimed the early part of the NBA season preventing fans from getting any games until Christmas Day

NFL CBA HIT

The NFL labor dispute got a lot more coverage and publicity than the NBA, in part because only baseball was still going on. But certainly the lockout and the deal that was put in place for the next ten years dominated the middle part of the year.

MLB CBA SWING AND MISS

The MLB labor situation never materialized to be a big story in 2011. With the NFL and NBA dealing with actual labor stoppages, lockouts and lawsuits, MLB did its work behind the scenes and appears to be in a solid position. While the accomplishments may have been very important they did not merit inclusion in the Top 11 Stories

Roger Clemens FOUL TIP

Roger Clemens trial on perjury charges was pretty weak. The government failed to get the verdict that they were looking for and Clemens did not receive the degree of punishment that the government hoped to use as an example. Not surprisingly, they failed similarly with Barry Bonds.

Social Media HIT

Twitter, Facebook and a variety of rapidly developing tools continue to plague/benefit professional and college sports (depending on what perspective you want to take). For fans, the social media access is great because it allows us to hear directly from:

Ochocinco telling us about his escapades
Barry Sanders congratulating Montee Ball on his records and attempts to break Barry Sanders own incomprehensible accomplishment
Dan Marino congratulating Drew Brees moments after Brees had shattered Marino’s season yardage passing record.
Media covering the event in a more personalized style than they are allowed to express in their formal” written pieces
Teams and universities making announcements available directly to the public rather than having to have all statements filtered through the (sometimes) jaded perspective of long time reporters.
College and professional athletes sharing their thoughts and interests with us

For the teams, schools, leagues and conferences, the social media is a terrific tool, but one that can create great harm when not managed properly or when an employee or athlete make off-the-cuff remarks that are now reported as mainstream news on the ESPN ticker. The ability to monitor, teach, guide and explain the process to the athletes is one that will be ongoing and challenging. But it is one the teams will have to face to survive.

Tiger Woods FOUL TIP

Tiger Woods is no longer relevant in the way that he was prior to the disclosure of his adulterous lifestyle. Will he ever reach that magnitude again? Everyone watched and waited and Tiger did display some signs of brilliance, but he was not able to gain any ground on Jack Nicklaus’ record, his inclusion on the President’s Cup team was controversial (rather than a given) and he kept himself out of most of the limelight. Our bet is that we will start seeing A LOT more of Tiger in 2012.

FINAL SCORECARD FOR THE 2011 PREVIEW

Foul Tips 3

Swing and Miss 3