THE DAWN OF A NEW ERA

The NFL is finally moving forward after the passing of former Union leader Gene Upshaw. The new head of the NFL Player's Association is not only facing a potential lockout in the near future, but the nation's economic hardships have had a severe impact on the league. Responsibility is beyond high for this post, yet prestige is minimal. Any takers?

Sunday, March 15, 2009 marked the beginning of a new era for the NFL. DeMaurice Smith, a prominent attorney from the D.C. area was unanimously selected as the new NFLPA Executive Director. Smith succeeds the late Gene Upshaw, who passed away last August and emerged as the union's new head after getting selected over the likes of NFL stars Troy Vincent and sports attorney David Cornwell.

Smith, who was voted to a three year term, has his hands full. NFL owners and the NFLPA are at odds over the current collective bargaining terms and specific owners have already voiced their concerns over revenues. The owners specifically feel that the current revenue agreement favors the players citing that 60% of revenues going to them is way too high.

If a deal is not reached prior to the 2010 season, it will be an uncapped season allowing teams to mimic the New York Yankees aggressive tactics in obtaining players. Simply put, large market teams will dominate smaller ones in free agency. But more significantly, there is some concern that if the salary cap is lifted, it will most likely be abandoned by the league.

If a possible lockout wasn't enough, Smith is also taking office in one of the worst economic climates since the inception of the league. While the NFL remains to be the most popular sport in America, fans across the country are more concerned with holding onto their jobs rather than holding onto their season tickets. The poor economy may not have played a role in Albert Haynesworth's $100 million contract, but 2009 will certainly be a trying year for many NFL franchises.

Finally, the rift between the union and retired players continues to stir controversy over whether or not the league is doing enough for former players who are now disabled. Disability advocates across the country are banding together to urge the union back to the bargaining table in an effort to get more benefits to former players.  As the new leader of the NFLPA, Smith will be at the forefront of this controversy and will be tested immediately. 

All indications that Smith will succeed at his new post are favorable. With ties to our nation's new President, Smith has the opportunity to make a name for himself should he be able to weather the tumultuous storms facing the NFL. 

As we like to say in the legal community, "time is of the essence" with respect to Smith's competency as the new NFLPA leader. With a lockout looming and serious issues still yet to be resolved, Smith will be a focal point of change as we enter a new era in the NFL.

Donte Stallworth Facing Manslaughter, DUI.....

Cleveland wide receiver Donte Stallworth is making headlines this week and for all the wrong reasons. Last weekend, Stallworth was driving to Miami beach in his luxurious Bentley when he hit and killed 59 year old Mario Reyes, a pedestrian crossing the street. Initial reports were unclear as to whether Stallworth was under the influence of drugs or alcohol and whether the Reyes had crossed at a legally designated crosswalk. But today, many major media outlets are forecasting the worst for Stallworth.

A report that has surfaced, but has yet to be officially confirmed, shows that Stallworth had a Blood Alcohol Level of .12, which is above the legal limit of .08 in Miami, Florida. Stallworth already admitted to drinking a few margaritas and shots of patron the night before, but claims he stopped drinking at midnight. Regardless of when he stopped drinking, if this report turns out to be accurate, criminal charges are almost a guarantee.

The question for prosecutors in Miami will be whether to charge Stallworth with manslaughter. If they decide to go this route, Stallworth could be facing penalties upwards of 15 years in prison. 

The investigation is obviously ongoing and the Miami District Attorney's Office has yet to confirm this damaging report, but I can assure you, if this report is accurate, Donte Stallworth's career in the NFL is in serious jeopardy.