Elias Sues, Agent Blues
Wednesday, May 30th, 2007Patrik Elias is suing his former agent to the tune of $2 million. This got very little local coverage, aside from this clip in the New York Post. Normally, agent-player disputes aren’t newsworthy, but in this case my eyebrows went up.
Point 1: Elias was underpaid for his first few seasons with the big club. Putting a large percentage of that money into something as illiquid as life insurance is dumb.
Point 2: $25 million (some report $30M) in life insurance? Elias wasn’t married at the time, had no real dependents, and most likely very few liabilities. Certainly nothing that would demand the equivalent of about 8 years’ of salary. Life insurance is sold to generate premiums for the selling agents. Pure and simple. Those premiums of $2.5M would generate some very large paychecks. Especially in the early years; there’s a reason the life insurance salesmen go to “President’s Clubs” in Hawaii and Tahiti while their customers rationalize vacations at the Holiday Inn of Edison, NJ as a fair exchange for peace of mind. Another case of the customers’ yachts.
Point 3: The Merrill Lynch Rule is dead of as May 15th, 2007, having been struck down by a US Court. More formally known as a provision in the 1940 Investment Advisors Act that exempted broker-dealers (who charge commissions for sales of products) from the higher fiduciary standards enforced for registered investment advisors who charge only fees for their advice and counsel, the Merrill Lynch Rule let financial agents get away with conflict of interest. In short, it used to be that if you charged a fee and earned a commission, you got preferential treatment when it came to suitability, appropriateness and the trustworthiness of your advice. “Preferential” meant that you didn’t really have to care about the customer’s interests as long as you sold the product while you had an “investment relationship” (as evidenced by the fee-based wrap account) with the customer, even if there was a conflict of interest. I hope Elias has a really good lawyer on his side.
Point 4: Agents should work for the players interests. Check out some of the other trails left by these guys, including advising Yashin to hold out against the Islanders, and you have to wonder if the Merrill Lynch rule can’t be very broadly applied here.
It’s a shame that Elias gets mired in something like this, especially after a rough playoff patch when he couldn’t find the net. But perhaps this also sends a message to other agents that part of the reason that beer and Hamilton are so closely related in sports venues is due to their self-interests. Fans don’t want large contracts; fans want loyalty, want to see their favorite players stay in one place longer than a single contract term, and want to see their kids have fun without paying through the nose.