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August 15, 2011
Contract issues for NBA Expatriates
Brian L. Heidelberger
Reprinted with permission from Sports Business Journal, August 2011.

FIBA announced recently that NBA players can take their talents overseas, and it’s clear that advisers to NBA players now have some big issues to consider. Most players’ contracts technically prohibit playing overseas. With FIBA’s announcement, however, it now seems impossible (and maybe even a violation of federal labor law) for a team to claim breach of contract for mere overseas play. This is especially true given that the Uniform Player Contract provides only for discipline for a violation of this provision, not termination, and Commissioner David Stern has already publicly stated that players are free “to do what they want to do.”
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