110 Iowa L. Rev. 1447 (2025)
Abstract
Big League Advantage (“BLA”) has capitalized on the growing trend of income-sharing agreements by expanding the agreements to Major League Baseball (“MLB”). Founded by former Philadelphia Phillies pitcher Michael Schwimer, BLA operates as an investment firm and provides resources to baseball players from a fund that has amassed at least $256 million as of 2023. However, some have raised concerns about BLA’s brand agreements with Latin American players, with accusations of targeting “indigent and talented players.” This Note argues that these agreements, as currently written and signed, are unconscionable under Delaware law. BLA is an appreciably more sophisticated party that unfairly profits relative to their initial investment. Delaware courts can effectively apply the pluralist theory of contract law to sustain this outcome while adequately balancing competing economic interests. Because legislative solutions fail to capture the disparity in bargaining power, Delaware courts should invalidate these brand agreements if given the opportunity to do so.