Category Archives: News

IBPA CEO Charles Bennett’s Podcast Interview with Fit Across Cultures

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FAClogoblackFit Across Cultures‘ podcast interview with IBPA CEO Charles Bennett discusses the overseas basketball industry and the Basketball Arbitral Tribunal.

 

You can listen to the interview here Fit Across Cultures Podcast Interview of Charles Bennett, or see the original post here.… Read More

IBPA Teams up with Fit Across Cultures to Provide Support for Professional Athletes Abroad

Susan Salzbrenner

Susan Salzbrenner, Founder of Fit Across Cultures

The IBPA is excited to team up with Susan Salzbrenner and Fit Across Cultures. Fit Across Cultures aims to support professional athletes, coaches, and student athletes abroad. Susan has a background in organizational and clinical psychology (M.A.) and a certification as an intercultural trainer. She regularly trains, coaches, and writes about intercultural communication, sports psychology and how culture and diversity affects performance.

 

Susan publishes podcasts with athletes and sports professionals on her website and regularly Tweets about important issues in the sports community: @fitaxcultures

 

Connect with her on LinkedIn.Read More

Image Rights Contracts: How they cost Players tax money and why Players shouldn’t sign them

Image Rights Contracts Cost Players Taxes

Image Rights Contracts Cost Players Taxes

Image rights contracts increase players’ taxes, and teams can breach them without any liability to the player. Over the last ten or so years many European teams have begun signing players to image rights contracts in addition to the players’ salary contracts. Teams get significant tax advantages from image rights contracts and often pressure agents and players to sign them. Many agents and players do not understand the full legal ramifications in terms of tax liability and enforcement, and sign the image rights contracts without much thought. But that needs to change because many teams are now using the BAT to avoid their obligations in the image rights contracts.

 

How Image Rights Contracts Work

 

Here’s how image rights contracts work: Typically a player will sign an original contract with a team for a salary amount net of all taxes. Let’s use, for example, a contract worth $200,000. After the player signs the original contract, the team will approach the player with two additional contracts, a league contract and an image rights contract.… Read More

@SportsTao Podcast Interview with IBPA CEO Charles Bennett

Sports Tao, http://sportstao.com

Sports Tao, http://sportstao.com

Troy Kirby the owner of SportsTao.com recently interviewed IBPA CEO Charles Bennett about the ins and outs of the world of international basketball. View the article here, or listen by clicking here: Ep. 383 – Charles Bennett (CEO, International Players Association)

 

Troy has interviewed nearly 400 sports professionals since October 2012 because he “didn’t feel that there was enough credible information out there by sports professionals that could be used as a teaching tool – not only for those students about to graduate who were looking for a job in sports, but also those who were already working in the sports field.”

 

Troy can be followed on Twitter at @SportsTao.… Read More

BFSN Law wins Texas Supreme Court case on behalf of Anonymous Internet Blogger

BFSN Law's Shelly Skeen

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

Sports Agent Regulation in the United States, where do I have to Register?

Enforcement of Sports Agent Laws

Occasionally Sports Agent Laws do get enforced

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.

 

State laws are often confusing and hard to find. In the US, roughly 43 states have enacted statutes modeled after the Uniform Athlete Agents Act (“UAAA”). “The UAAA was created by the urging of the NCAA in 2000 as a model state law to govern sports agents.” http://www.al.com/sports/index.ssf/2013/09/whats_the_best_way_to_control.html. The UAAA mainly applies to non-professional athletes, although several jurisdictions have been discussing revisions to expand its scope to professionals. To see a comprehensive report on the laws in all 50 US States, prepared by The Sports Agent Blog, see http://sportsagentblog.com/2011/06/02/athlete-agent-laws-in-the-united-states/

 

Enforcement of state law is much more rare than enforcement of licensing requirements with the leagues.… Read More

Does a Player-Agent Agreement have to be in writing and the doctrine of Quantum Meruit

Do sports agents need written player-agent agreements

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

Case Study: Player’s Breach of Player-Agent Agreement

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.

 

Alternative Dispute ResolutionBFSN 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

IBPA’s Expert Arbitration Lawyer, Shelly Skeen, presents Oral Argument to Texas Supreme Court

BFSN Law attorney Shelly Skeen

BFSN Law attorney Shelly Skeen

BFSN Law’s Shelly Skeen argued in front of the Texas Supreme Court on November 7, 2013 in support of the First Amendment right to speak anonymously on the Internet. The case involves a company’s and its CEO’s attempt to discover the identity of an anonymous Internet blogger, “Doe.”

 

Ms. Skeen is a partner of BFSN Law and one of the co-founders of the IBPA. She is also a member of the Chartered Institute of Arbitrators, London, England, MCIArb and has been a certified mediator for over 10 years.

 

Besides conducting arbitration for the IBPA before the Basketball Arbitral Tribunal, Ms. Skeen’s practice focuses on areas of complex commercial litigation, representing businesses across the country in disputes in state and federal court and arbitrations; appellate law; professional malpractice and grievance defense; and probate and estate planning.

 

To read the full article about Ms. Skeen’s Argument before the Texas Supreme Court, visit BFSNLaw.com

 

Ms.… Read More

Is the BAT Fair? The Danger of no Appeals Process and the Arbitrator’s ex aequo et bono Power

Is the BAT arbitration process unfair?

Is this unfair?

In recent articles we have explored the ex aequo et bono rule of law and lack of a real appeals process in the BAT. In this article I will combine these two concepts together to discuss the potential dangers of a system such as the BAT.

 

The relationship between the BAT and FIBA may call into question the independence of the BAT. In the early days of the BAT, the tribunal was called the FIBA Arbitral Tribunal. The BAT was originally funded by FIBA and is still to this day guaranteed by FIBA. See FIBA Reg 296 (The financing of the BAT is guaranteed by FIBA, it being understood that the BAT is designed to be self-financing). The tribunal’s name was changed in an attempt to make the independence of the BAT more clear (it was also changed so people would stop referring to the female BAT secretariat as the “FAT lady”).

 

This name change may have been partly influenced by a similar relationship between the Court of Arbitration for Sport (“CAS”) and the International Olympic Committee (“IOC”). … Read More