Darren Heitner
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Founder of @HeitnerLegal, focusing on Sports, Entertainment, Intellectual Property & Business Law. Teach NIL at Miami Law. Daddy to Maxx, Aliya, and Jesse.
Articles by Darren Heitner
Newsletter, Image, Likeness Vol. 207: What the Saving College Sports Emails Show About Who Built the Protect College Sports Act
The Weekly Longer NIL Thought. Front Office Sports published something this week that I don't think the Protect College Sports Act's backers wanted anyone outside their distribution list to read. The publication obtained, through public records requests to the University of North Carolina, Florida State University, and the University of Louisville, a summer's worth of emails sent on behalf of Saving College Sports, the advocacy group Cody Campbell created to move the bill through the Senate.
Newsletter, Image, Likeness Vol. 166: When Peace Prevails
Earlier this week, Washington quarterback Demond Williams Jr. posted to Instagram that he intended to enter the transfer portal. It was a move that shocked many, coming just days after he had reportedly signed a multi-million dollar revenue-sharing agreement to return to the Huskies for the 2026 season. By Thursday afternoon, with the portal closing and rosters rapidly filling across the country, I was retained. By that evening of January 8, just in time for the kickoff of the Ole Miss vs.
NFLPA Associate General Counsel Heather McPhee Sues Union for Obstruction and Retaliation
In a stunning reversal of the typical labor-management dispute, a senior attorney for the NFL Players Association has filed a lawsuit against her own union, alleging obstruction of justice, sex discrimination, retaliation, and breach of contract. Heather McPhee, who has served as the NFLPA’s associate general counsel since 2009, filed the complaint on December 18, 2025 in U.S. District Court in Washington, D.C., seeking at least $10 million in damages.
Newsletter, Image, Likeness Vol. 157: The College Sports Commission Is Begging For A Legal Challenge
The College Sports Commission dropped a social media post on November 3rd directing prospective Division I athletes to new resources about NIL compliance. Attached were three infographics outlining disclosure requirements for high school athletes, junior college athletes, and transfer athletes. The materials are professionally designed. The guidance appears straightforward. And the legal foundation supporting these rules? That's where things get interesting. Let's start with the most glaring issue.
North Carolina Appellate Court Affirms Private Arbitration In NFL Agency Dispute
The North Carolina Court of Appeals has affirmed that disputes between sports agency businessesmust be resolved through private arbitration when contractually agreed upon, rather than through NFLPA grievance procedures. The underlying dispute arose from an “Alliance Agreement” between Premier Athlete Advisors LLC and EnterSports MGT LLC, two agencies that combined their football management operations in May 2019 to create a comprehensive NFL sports agency with a 50-50 split of costs and revenues.
North Carolina Appellate Court Affirms Private Arbitration In NFL Agency Dispute
The North Carolina Court of Appeals has affirmed that disputes between sports agency businessesmust be resolved through private arbitration when contractually agreed upon, rather than through NFLPA grievance procedures. The underlying dispute arose from an “Alliance Agreement” between Premier Athlete Advisors LLC and EnterSports MGT LLC, two agencies that combined their football management operations in May 2019 to create a comprehensive NFL sports agency with a 50-50 split of costs and revenues.
Newsletter, Image, Likeness Vol. 156: NCAA's Eligibility Admission Is A Rare Moment of Transparency (And Desperation)
The NCAA released a statement this week that reads less like policy guidance and more like a white flag wrapped in bureaucratic language. In the wake of Michigan State head coach Tom Izzo's pointed criticism about G League players enrolling in college programs, the governing body did something remarkable. It told the truth.
Newsletter, Image, Likeness Vol. 155: Stop Wasting Resources on the SCORE Act
On October 21, Senators Maria Cantwell, Cory Booker, and Richard Blumenthal hosted a virtual conference to discuss what they framed as defending athletes' rights under attack from the SCORE Act (see Vol. 149: The SCORE Act Needs Surgery, Not Speed). The message from Senate Democrats was unequivocal: the Republican-backed legislation isn't just flawed. It's DOA in the Senate. Senator Richard Blumenthal delivered the reality check that should end this charade: "In the Senate, you need 60 votes.
Newsletter, Image, Likeness Vol. 154: The NCAA's Unenforceable NIL Disclosure Rule Is A Paper Tiger That Threatens College Sports
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Newsletter, Image, Likeness Vol. 153: The College Sports Commission Is The Most Damning Indictment Of College Sports' Governance Crisis
The College Sports Commission stands as perhaps the most damning indictment of college athletics' governance crisis. Not because it's failing, but because it was designed by the very people now abandoning it. Think about that irony for a moment. The Power Four conferences created the CSC to bring order to "NIL chaos." Yes, the "Wild Wild West" we all kept hearing about (and still have to confront when the NCAA is begging Congress for an antitrust exemption).
Newsletter, Image, Likeness Vol. 151: Could Judge Boulware's Ruling Truly Be The Death Knell of NCAA Amateurism?
Darren Heitner Darren Heitner Founder of HEITNERLEGAL — Sports, Entertainment, Trademarks, Copyrights, Business, Litigation, Arbitration Published Sep 26, 2025 The Weekly Longer NIL Thought. What could be the most consequential judicial decision in the ongoing war between college athletes and the NCAA arrived last week by way of U.S. District Judge Richard Boulware's ruling in Martinson v.
Newsletter, Image, Likeness Vol. 150: Arkansas' Yurachek Says The Quiet Part Out Loud And Admits What We All Know
There are moments in the NIL era that crystallize exactly where we are as an industry. Arkansas Athletic Director Hunter Yurachek's candid comments at the Little Rock Touchdown Club this week represent one of those watershed moments, not because of what he revealed, but because he dared to say it publicly.
Newsletter, Image, Likeness Vol. 149: The SCORE Act Needs Surgery, Not Speed
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Heitner Legal Secures Landmark Victory for NBA Agent Aaron Turner in Arbitration Against Derrick Jones Jr.
At Heitner Legal, P.L.L.C., we are thrilled to announce a significant win for our client, Aaron Turner, in a high-stakes arbitration proceeding under the National Basketball Players Association (NBPA) Regulations Governing Player Agents. On September 10, 2025, Arbitrator Jeffrey Mishkin issued a Final Award in favor of Mr. Turner, granting him full entitlement to his contractual 4% commission on Derrick Jones Jr.’s three-year, $30 million contract with the Los Angeles Clippers.
Newsletter, Image, Likeness Vol. 147: 5,100 Deals Cleared By NIL Go, But Backlogs And Legal Battles Loom
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Newsletter, Image, Likeness Vol. 146: Judge Bailey's NIL-Focused Decision Highlights Growing Split on Eligibility Rules
This week, U.S. District Judge John Preston Bailey delivered one of the most comprehensive and NIL-focused rulings to date in the ongoing battle over NCAA eligibility rules, granting a preliminary injunction that allows four West Virginia University football players, including my client Jimmori Robinson, to compete this season despite having exhausted their eligibility under the NCAA's Five-Year Rule due to time spent at junior colleges.
Newsletter, Image, Likeness Vol. 145: Tennessee's Adidas Gambit And The New NIL Arms Race
Tennessee's announcement this week of a 10-year apparel partnership with Adidas, effective July 2026, might seem like routine business at first glance. Athletic departments switch gear providers all the time. But dig deeper into the details of this deal, and you'll find what could be the blueprint for the next phase of college athletics' perpetual NIL arms race.
Newsletter, Image, Likeness Vol. 144: Collective Bargaining Gains Consensus Among GMs, But There's Division Everywhere Else
This week, Athletes.org met with 24 power conference school general managers to discuss the concept of supporting a collective bargaining agreement. The meeting reportedly lasted roughly 5 hours. AO said that 100% of those polled who attended the meeting agreed that college football will inevitably include collective bargaining. How long that takes and whether these GMs are in a position to come to such a conclusion is tough to determine.
Newsletter, Image, Likeness Vol. 143: Cash Now or Hold Out? Navigating Offers to Buy House v. NCAA Settlement Claims
Over the past month, a growing number of former athletes and advisors have reached out to me with documents proposing to buy athletes' potential claims under the House v. NCAA settlement. These agreements, often from third-party entities such as investment firms, offer upfront cash in exchange for the assignment of rights to future settlement distributions.
Newsletter, Image, Likeness Vol. 142: NIL Collective Death Sentence Put On Hold As CSC Faces Legal Reality
Not too long ago, the College Sports Commission (CSC) had ambitious plans to eliminate NIL collectives from our world. It caused quite the stir and led to this newsletter focusing on the potential ramifications in this longer thought section over the past two weeks. Well, make it a third week, because here we go again with backtracking once college sports leaders begin to realize that they should operate in reality as opposed to La La Land.
Newsletter, Image, Likeness Vol. 138: NIL GO Allows For More Overreach Than Meaningful Oversight
The new NIL Go framework (see Section E of the NCAA's House Settlement Q&A), designed to regulate third-party NIL deals, is a seismic shift, but it’s raising more questions than answers. Agents are buzzing with concerns, and after digging into the document, I see why. From data privacy to overreach on true brand deals, here’s my take on what’s at stake and why the NCAA’s approach. First, let’s talk about the elephant in the room: the NIL Go database.
2025 NBA Draft Player/Agent Pairings
Welcome to another year of providing the player/agent pairings for those selected in the first round of the NBA Draft. This compilation is based on information gathered from industry sources and public reports. As always, there may be inaccuracies due to the fluid nature of agent-player relationships. Below is the list of the 2025 NBA Draft first-round player-agent pairings. Wasserman and CAA tied for the most first-round picks in the 2025 NBA Draft, each with six selections.
The Birth of WIN Sports Group: How WME’s Football Division Folded And Then Found New Life
The landscape of sports representation underwent a significant shift in May 2025 when Patrick Whitesell, the former executive chairman of Endeavor, announced the launch of WIN Sports Group. This new football-focused agency emerged from the dissolution of WME Sports’ football division, highlighting the complex web of conflicts that can arise when private equity meets professional sports.
Todd France v. Jason Bernstein: Court Upholds $810,846 Arbitration Award in Agent Dispute
On May 30, 2025, the United States District Court for the Middle District of Pennsylvania handed down a significant decision in the case of Todd France v. Jason Bernstein, a dispute that has captured the attention of the sports agent community. The saga began in late 2016 when NFL wide receiver Kenny Golladay signed a standard representation agreement (SRA) and an endorsement and marketing agreement with Jason Bernstein and his firm, Clarity Sports.
The House Settlement Will Allow Athletes To Get Paid, But It Comes at a Cost
This settlement stems from a series of antitrust lawsuits that challenged the NCAA’s amateurism model, a relic of the past that kept athletes from earning a fair share of the billions generated by college sports. If Judge Claudia Wilken of the Northern District of California grants final approval, schools will be allowed to directly pay athletes through revenue sharing.
Jett Elad v. NCAA: A Game-Changing Ruling for College Athlete Eligibility
The recent ruling in Jett Elad v. NCAA, decided on April 25, 2025, by U.S. District Judge Zahid N. Quraishi in the District of New Jersey, marks a pivotal moment in the ongoing legal battles over NCAA eligibility rules. This case, centered on the NCAA’s “Five-Year Rule” and its application to junior college (JUCO) time, has significant implications for college athletes, particularly in the era of NIL compensation.
2025 NFL Draft Round 1 Player/Agent Pairings
Once again, it’s time for the annual tradition of identifying the agents selected by the players chosen in the first round of the NFL Draft. This compilation is based on information gathered from industry sources and public reports. As always, there may be inaccuracies due to the fluid nature of agent-player relationships. Below is the complete list of the 2025 NFL Draft first-round player-agent pairings. CAA Sports led with seven players selected.
2025 NFL Draft Round 1 Player/Agent Pairings
Once again, it’s time for the annual tradition of identifying the agents selected by the players chosen in the first round of the NFL Draft. This compilation is based on information gathered from industry sources and public reports. As always, there may be inaccuracies due to the fluid nature of agent-player relationships. Below is the complete list of the 2025 NFL Draft first-round player-agent pairings.
Inside the Hazan Sports v. Malik Beasley Liquidated Damages Lawsuit
A new player-agent dispute has emerged in the basketball world, with Hazan Sports Management Group Inc. (HSM) filing a complaint against Detroit Pistons shooting guard Malik Beasley in the U.S. District Court for the Southern District of New York. The lawsuit alleges breach of contract related to an exclusive marketing agreement and seeks damages in excess of $1 million.
Newsletter, Image, Likeness Vol. 122: The School Supported NIL Contract Conundrum
The Weekly Longer NIL Thought. This week, an ESPN investigation revealed something I've been warning about for months: the increasingly complex and potentially predatory nature of "NIL contracts" in college sports. These aren't just contracts. They're sophisticated control mechanisms disguised as opportunities. Imagine signing a document that gives an institution the right to your tattoos, dance moves, and entire personal brand, all while maintaining the fiction that you're not an employee.
Court Denies Baseball Player Alberto Osuna’s Challenge to NCAA’s JUCO Eligibility Rule: What It Means for the Future of College Sports
In a significant ruling that adds another chapter to the ongoing legal battles over NCAA eligibility rules, the Eastern District of Tennessee has denied baseball player Alberto Osuna Sanchez’s request for a preliminary injunction against the NCAA’s junior college eligibility rule. This decision stands in contrast to several recent rulings that have chipped away at NCAA authority, offering important insights into how courts are evaluating eligibility challenges in the post-Alston era.
Newsletter, Image, Likeness Vol. 121: Sports Agents Begin Leaving The Profession For College GM Jobs
The Weekly Longer NIL Thought. Sports agents are beginning to consider leaving the profession to become general managers at the collegiate level. This shouldn't come as a surprise as the college sports landscape becomes more professionalized by the day. We should have all seen this coming. Over the years, many one-time agents have determined they would be happier working in a front-office position, and this has been particularly true in the basketball world.
NCAA 5-Year Rule Survives Challenge: Court Denies Baseball Player’s Request for Injunction
In a significant ruling that could impact numerous pending challenges to NCAA eligibility rules, the United States District Court for the Middle District of Georgia has denied a preliminary injunction sought by University of Georgia baseball player Dylan Goldstein, who had exhausted his NCAA eligibility but sought to play one additional season. The Case: Goldstein v.
Newsletter, Image, Likeness Vol. 119: Trump Administration Rejects Biden Administration's NIL Title IX Interpretation
The Weekly Longer NIL Thought. The U.S. Department of Education rescinded the "fact sheet" I discussed in Vol. 116. That now-defunct fact sheet counseled that the gender-equity standards for athletic scholarships must also apply to NIL money remitted to college athletes.
Newsletter, Image, Likeness Vol. 117: Time For State Legislatures To Get Back On The NIL Bandwagon
The Weekly Longer NIL Thought.
Has Bryce James Arrived?
Bryce James going crazy in the Hoophall Classic right now! Flame 🔥 thrower — LeBron James (@KingJames) January 19, 2025 The fact that LeBron was tweeting from 3,000 miles away was telling. Whenever Bronny took the court in a major high school or AAU tournament, at least one of his parents was usually present.
Indiana Needs A Reset
That history is worth recalling as we assess the diminished state of this once-proud program. On Tuesday night, the Hoosiers lost at home to Illinois, 94-69. It was the most points a visiting team has ever scored in Assembly Hall. Three days before, they had lost 85-60 at unranked Iowa. The Hoosiers rebounded with a gritty 77-76 overtime win at Ohio State on Friday night, which improved their Big Ten record to 5-3 (14-5 overall).
Following A Rough Start and An Unfortunate Injury, Arizona Looks Like Arizona Again
Arizona will have to bring that fight as it next plays two consecutive road games against Texas Tech (today at 2 p.m. ET on ESPN2) and Oklahoma State, followed by Colorado and No. 2 Iowa State at home. Winning those games will require continued strong performances from the four-man backcourt of Bradley, Caleb Love, sophomore guard K.J. Lewis and Campbell transfer Anthony Dell’Orso. The group has also become comfortable pushing itself when one of its members isn’t at his best.
MLK Weekend Women's Preview: South Carolina Hosts Oklahoma, Texas and Maryland Lock Horns
No. 13 Oklahoma at No. 2 South Carolina, Sunday, 3 p.m, ESPN: As I’ve mentioned many times this season, South Carolina is the measuring stick I use when evaluating teams. It’s Oklahoma’s turn to be analyzed. South Carolina has a different level of depth, length, athleticism and smarts than most teams in the country. If Oklahoma can contend with all of that, then the Sooners have a shot to make a big postseason run.
Newsletter, Image, Likeness Vol. 115: Would Judge Wilken Waiting To Rule On The House V. NCAA Settlement Cause Chaos In College Sports?
The Weekly Longer NIL Thought. If you're reading this newsletter, you're likely aware that Judge Claudia Wilken has provided preliminary approval to a settlement that would end 2 pending class action lawsuits against the NCAA (often collectively called House v. NCAA). Judge Wilken has scheduled a hearing for April 7, 2025, to discuss the possibility of providing final settlement approval. Judge Wilken may decide to reject the settlement or not rule on it from the bench.
Doug Gottlieb’s Diary: Why I'm Still Optimistic Despite a Long Losing Streak
It has been a hard month to say the least, but as I wrote in a previous entry, I am a perpetual optimist. I know our program is headed in the right direction. When you over schedule to begin the season, the challenge is keeping everybody’s belief high as you head into conference play. I think losing those first three league games, two of which were totally winnable, set us on a tough path.
The Florida State NIL Case Is Sending an Important Message
By the time I learned about this situation, Florida State was aware of the issue. The previous month, the father of one of the players notified Michael Alford, FSU’s athletic director, that Hamilton had not followed through on $250,000 worth of commitments he had made to players on FSU’s 2023-24 roster. Alford’s response was to refer the matter to the school’s legal counsel, as was his right.
Newsletter, Image, Likeness Vol. 108: There's A Lot To Be Thankful For
I'm thankful for many things this year, including having two healthy, beautiful, smart children. But in this ecosystem, I also have many things to be thankful for, from working with some of the most successful athletes to assisting myriad sports agencies to counseling many brands and doing some backend collective work. Enough about me.
Newsletter, Image, Likeness Vol. 107: How Is The House V. NCAA Settlement Good For Athletes On A Going Forward Basis?
Timing is everything. By this time next year, most states could pass bills or have executive orders signed that allow college athletes within their borders to be paid directly by colleges for their names, images, and likeness rights. This week, Ohio became the latest state to do this, joining Georgia, Illinois, Virginia, and California. While schools in those states have yet to pay players directly without using a third-party intermediary, nothing but unenforceable NCAA rules stand in their way.
Newsletter, Image, Likeness Vol. 106: Should Athletes Be Signing School NIL Contracts Contingent On House Settlement Approval?
The Weekly Longer NIL Thought. It's November 2024. Judge Wilken will not be determining whether she is providing final approval to the House v. NCAA settlement agreement until April 7, 2025, unless the hearing is continued.
Newsletter, Image, Likeness Vol. 105: Should Some Athletes Opt Out Of The House V NCAA Settlement?
The Weekly Longer NIL Thought. Over the past week, I have received many texts and calls from agents and lawyers asking whether their athlete clients should opt in or out of the House/Hubbard v. NCAA settlement and, if they are opting in, whether it should be for the House claim, the Hubbard claim, or both. If an athlete receives a notice about both cases, he/she is included in both and may be eligible to receive money from both settlements.
Newsletter, Image, Likeness Vol. 104: The Importance Of Assignment Clauses For NIL Collectives
The Weekly Longer NIL Thought. There is still no settlement ending multiple antitrust lawsuits against the NCAA (including House v. NCAA). And we won't know until 2025 whether Judge Wilken will provide final approval to the settlement, which has only thus far received preliminary approval. But that is not stopping schools from preparing for a world where revenue sharing (with a cap but no floor on same) exists.
Newsletter, Image, Likeness Vol. 103: AJ Dybantsa Getting Upwards Of $4.5 Million May Be A Bargain
The Weekly Longer NIL Thought. Multiple sources told On3 Sports that top basketball recruit AJ Dybantsa is expected to receive an NIL package between $3 million and $4 million in exchange for his commitment to play for a college team for a year. However, a source close to BYU also told the media outlet that BYU supporters are prepared to pay as much as $4.5 million to secure Dybantsa for a season, assuming he is off to the NBA immediately thereafter.
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