CASE SUMMARY 10.3 Toms v. Links Sports Management Group, L.P., 2006 LEXIS 114677 (W.D.LA.) FIDUCIARY DUTY Parker, a sports agent, represented David Toms, a pro- fessional golfer. Parker also represented Shaun Micheel and other professional golfers. Parker received a 20 per- cent commission on any endorsement contracts signed by Toms and a 25 percent commission on endorse- ment 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 endorse- ment deal than was being offered by Cleveland, and he subsequently signed Micheel, instead of Toms, to the Cleveland Golf deal. CASE QUESTIONS 1. What agency relationship exists between Toms and Parker? 2. If an agency relationship exists, when was a fidu- ciary duty created and what subduties apply to this case? Explain. 3. Is Parker's employer also liable for the actions of Parker? Why or why not?