BFSN Law’s Shelly Skeen wins case on behalf of Anonymous Internet Blogger
The Texas Supreme Court ruled 5-4 in favor of requiring Texas trial courts to determine that they would have personal jurisdiction over the prospective defendant before ordering pre-suit discovery under Rule 202. The ruling can be viewed here.
BFSN Law’s Shelly Skeen argued in front of the Texas Supreme Court on November 7, 2013. The case involved a company’s and its CEO’s attempt to discover the identity of an anonymous Internet blogger, “Doe.” In 2010 the trial court granted Reynolds’s 202 Petition ordering Google to release Doe’s name, address, and telephone number to R & R. The Court of Appeals agreed, and BFSN Law’s Shelly Skeen filed a Petition for Writ of Mandamus in the Texas Supreme Court.
Ms. Skeen has practiced primarily in the areas of complex commercial litigation, representing businesses across the country in disputes in state and federal court and arbitrations; in appellate law; in professional malpractice and grievance defense; and in probate and estate planning.… Read More
As a sports agent in the US, the number of licenses, regulations, and laws can be daunting. A basketball agent needs to be FIBA licensed, certified by the NBA, and compliant with the states in which he recruits. Often, the least important of these requirements to the agent is compliance with State law.
Do sports agents need written player-agent agreements?
Does a Player-Agent Agreement have to be in writing? The simple answer is yes, but it may not matter.
FIBA regulations require a “written contract” between a player and agent. But no formalities to that written agreement are prescribed by FIBA. Any writing evidencing the agreement will suffice. FIBA Regulations Article 3-156 states:
An Agent may represent a player or manage his affairs under the terms of article 3-155 above only if he has a written contract with the player in question.
FIBA does not even require the writing to be signed by both parties. Ostensibly, FIBA only requires the writing to be signed by the party against whom enforcement is sought.
For example, an email in which the player asks the agent to find him a job should be sufficient to create a player-agent agreement under FIBA regulations. If the agent subsequently gets a job offer for the player, that agent should be due the agent fee for the contract.… Read More
This is a continuing series documenting cases the IBPA’s lawyers have resolved in favor of their clients without having to resort to BAT Arbitration.
BFSN Law’s attorneys recently settled a case for $25,000 for a client without having to resort to BAT arbitration. An agent (“European Agent”) contacted the IBPA because one of his players (“Player”), with whom he signed a 2-year player-agent agreement, had signed a contract to play for a European Team (“Team”) with another agent (“US Agent”). The Player’s contract with the Team stated the US Agent, and not our client, was to receive the $25,000 agent fee. The European Agent wanted to know what he could do to get the agent fee.
Most agents sign players to 1- or 2-year player-agent agreements with evergreen provisions. Evergreen provisions are more commonly known as rollover provisions because they act to roll the contract over at the end of the primary term for additional 1-year terms unless the player or the agent properly terminates prior to the end of the primary term.… Read More