$9$:$14$

$\mathrm{.}1$~~$$

$$

L$.$P$.,$ U$.$S$.$ Dist. LEXIS $114677($W$.$D$.$ La$.$ Aug. $14,2006$

FIDUCIARY DUTY

Parker, a sports agent, represented David Toms, a professional golfer. Parker also represented Shaun Micheel and other professional golfers. Parker received a $20$ percent commission on any endorsement contracts signed by Toms and a $25$ percent commission on endorsement contracts signed by Micheel. In $2003,$ Parker was in the middle of negotiations with Cleveland Golf on Toms's behalf. After Micheel was the surprise winner at the PGA Championship, Parker convinced Toms that he should hold out for a more lucrative endorsement deal than was being offered by Cleveland, and he subsequently signed Micheel, instead of Toms, to the Cleveland Golf deal.

Toms, a professional golfer. Parker also represented Shaun Micheel and other professional golfers. Parker received a $20$ percent commission on any endorsement contracts signed by Toms and a $25$ percent commission on endorsement contracts signed by Micheel. In $2003,$ Parker was in the middle of negotiations with Cleveland Golf on Toms's behalf. After Micheel was the surprise winner at the PGA

Championship, Parker convinced Toms that he should hold out for a more lucrative endorsement deal than was being offered by Cleveland, and he subsequently signed Micheel, instead of Toms, to the Cleveland Golf deal.

CASE QUESTIONS

What agency relationship exists between Toms and Parker?

If an agency relationship exists, when was a fiduciary duty created and what subduties apply to this case? Explain.

Is Parker's employer also liable for the actions of Parker? Why or why not?