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Tag:David Boies
Posted on: November 26, 2011 3:15 am
Edited on: November 26, 2011 4:02 am
 

NBA, Players 'reach tentative agreement'

Posted by Ben Gollivernba-lockout

After representatives of the NBA and its players met for 15 hours of labor negotiations Friday into Saturday, Ken Berger of CBSSports.com first reported that a "tentative agreement [was] reached, according to one of the negotiators."

The lengthy face-to-face meeting re-opened negotiations after the National Basketball Players Association disbanded to file an antitrust lawsuit against the league last week.

Talks began at noon Friday and ran past 3 a.m. Saturday morning. The NBA and its players held a joint press conference after 3:30 a.m. to announce the tentative deal.

"We have reached a tentative understanding," NBA commissioner David Stern confirmed. "We're optimistic that the NBA season will come to pass on Dec. 25, Christmas Day, with a triple-header."

Training camps would begin on Dec. 9, according to Stern, if everything plays out as expected. Yahoo Sports reported that free agency and training camps would open concurrently once the deal is approved by both sides.

Former NBPA executive director Billy Hunter repeated Stern's message.

"I want to announce... that we are happy that we have been able to reach a tentative litigation settlement," Hunter said. "We're going to turn it all over to the lawyers ... and see how that proceeds ... "Once we present it (to players), we're confident they will support it."

The three games originally scheduled for Christmas Day include: the Boston Celtics at the New York Knicks, the Miami Heat at the Dallas Mavericks, and the Chicago Bulls at the Los Angeles Lakers.

Stern said that the league has scheduled a conference call with the NBA's Labor Relations Committee to present the proposed agreement on Saturday. The NBPA must re-form its union to ratify the agreement as well. This step is considered a formality.

"We want to play basketball," said San Antonio Spurs owner Peter Holt, head of the NBA's Labor Relations Committee. "Let's go play basketball."

Here's video of Stern and Hunter announcing tentative agreement on Saturday morning.



Berger reported that, in addition to former NBPA executive director Billy Hunter, former NBPA president Derek Fisher and former NBPA board member Maurice Evans, the players were led into the negotiations by attorney Ron Klempner and economist Kevin Murphy. The league was represented by Stern, deputy commissioner Adam Silver, Holt and NBA general counsel Rick Buchanan. NBPA attorney Jeffrey Kessler, who recently said that Stern treated NBA players "like plantation workers," was not present.

The two sides reportedly exchanged "back-channel" communication on Tuesday and Wednesday for the first time since Nov. 10, when the NBA made its latest formal proposal to the players, which was rejected, as the players opted to file suit instead. 

Saturday is the 159th day of the ongoing NBA lockout.
Posted on: November 26, 2011 3:00 am
Edited on: November 26, 2011 3:12 am
 

NBA, Players 'reach tentative agreement'

Posted by Ben Gollivernba-lockout

Representatives of the NBA and its players met for more than 15 hours on Friday in New York City to reopen face-to-face labor negotiations after the National Basketball Players Association disbanded to file file an antitrust lawsuit against the league last week. Ken Berger of CBSSports.com reports that a "tentative agreement reached, according to one of the negotiators." 

Talks began at noon Friday and ran past 3 a.m. Saturday morning. 

The two sides are reportedly aiming to hammer out an agreement that would allow the NBPA to salvage a 66-game regular season that would begin on Christmas Day. It is assumed that the NBA needs a roughly 1-month lead time to get a new season up and running, and Friday was exactly one month prior to Christmas.

Ken Berger of CBSSports.com reported that, in addition to former NBPA executive director Billy Hunter, former NBPA president Derek Fisher and former NBPA board member Maurice Evans, the players were led into the negotiations by attorney Ron Klempner and economist Kevin Murphy. The league was represented by NBA commissioner David Stern, deputy commissioner Adam Silver, San Antonio Spurs owner Peter Holt and NBA general counsel Rick Buchanan. NBPA attorney Jeffrey Kessler, who recently said that Stern treated NBA players "like plantation workers," was not present, although Yahoo reported he did participate via conference call.  

The two sides reportedly exchanged "back-channel" communication on Tuesday and Wednesday for the first time since Nov. 10, when the NBA made its latest formal proposal to the players, which was rejected, as the players opted to file suit instead. 

Saturday is the 159th day of the ongoing NBA lockout.

This post will update with more information. 
Posted on: November 23, 2011 1:25 pm
Edited on: November 23, 2011 5:44 pm
 

Report: NBA, Players reopen labor talks

Posted by Ben Gollivernba-lockout

Someone finally picked up the phone.

After multiple days spent wondering which side would make the first move to reopen ongoing labor negotiations, Yahoo Sports reports that the NBA and its players have reportedly commenced communicating again for the first time in more than a week.
NBA and players resumed talks on Tuesday to try and end the lockout before the cancellation of Christmas games, two sources told Y! Sports. Talks were expected to continue today, sources said, and one league source tells Y!: "We should know more by later this evening." Derek Fisher isn't a part of the talks now, sources say. 
Ken Berger of CBSSports.com has confirmed the talks.

Newsday reported that NBA spokesperson Tim Frank would not confirm or deny that talks were taking place, stating only that the league "remains in favor of a negotiated resolution."

The New York Times reported that a 66-game regular season schedule, with games beginning on Christmas, is still feasible. 

The last talks between the two sides occurred on Nov. 11, when the NBA submitted a proposal to the players that would have allowed for a 72-game season. Since then, talks stalled completely after the players responded to the proposal by disbanding the National Basketball Players Association and filed an antitrust lawsuit against the league. As the NBPA no longer exists, talks between representatives of the NBA and its players are now an antitrust lawsuit settlement discussion rather than collective bargaining negotiations.

As recently as on Monday, players attorney David Boies said that calling the NBA would be a "waste of time" because he felt the league has "no interest in talking," statements the NBA immediately disputed through a spokesperson.

But Berger reported on Tuesday that Jim Quinn, a deal-maker with ties to both NBA commissioner David Stern and the league, had offered to help get the dialogue going. Also on Tuesday, former NBPA executive director Billy Hunter said that a judge could appoint a mediator to oversee negotiations as early as next week.

Salvaging the NBA's showcase Christmas Day games would likely require a deal to be agreed in principle by Friday, as the NBA has said it needs a full month of preparation time to launch a season. On Nov. 15, the NBA officially cancelled all games through Dec. 15.
Posted on: November 22, 2011 10:12 am
Edited on: November 22, 2011 11:01 am
 

NBPA withholding licensing fees to pay for Boies

By Matt Moore 

Everyone gets paid. Except the arena workers, the cops who need overtime, the parking lot guys, the local shops and restaurants, and the players. But the lawyers? They sure as heckfire get paid. 

ESPN's Dave McMenamin reports that the NBPA is withholding licensing fees from the players to pay for David Boies and his high-profile firm to represent them against the owners. McMenamin tabs Boies' fee at $1,220 per hour, which is now being paid for by profits the players would otherwise collectively see from jersey/trading card/ video game sales.  Other estimates on Boies have him at $960 per hour, which, you know, is so much better. Boies publicly commented in 2007 to the Wall Street Journal  that charging over the $1,000 mark was probably a bit much. 
"Frankly, it's a little hard to think about anyone who doesn't save lives being worth this much money," says David Boies, one of the nation's best-known trial lawyers, at the Armonk, N.Y., office of Boies, Schiller & Flexner LLP.
via Lawyers Gear Up Grand New Fees - WSJ.com.

Of course this doesn't reflect market changes, inflation or the fact that his current client is high profile enough to warrant a higher rate. Boies' firm is on record from earlier this year saying they still charge the $960, but that may be dependent upon how the case wraps up:
David Boies, chairman of Boies, Schiller & Flexner and a prominent trial lawyer, charges $960 an hour, a spokeswoman for the firm said. But just a third of his time is devoted to matters that are billed hourly. More often his deals with clients involve alternatives such as pegging fees to his success, she said.
via Top Lawyers Push Rates Above $1,000 an Hour - WSJ.com.

Either way, while the players are losing paychecks every day while Boies and the league argue over who should call one another first -- no, we're serious, that's what they're arguing about --  and that's after the union decided to disclaim interest and dissolve the union... without holding a full vote of membership. 

At some point the players have to be wondering about what direction all this is going, and if the efforts to try and save them some money are going to wind up costing them more than they're saving.

Everyone gets paid.

Well, except for the people laid off, the concession vendors and the television production crew support.
Posted on: November 21, 2011 5:44 pm
Edited on: November 21, 2011 8:59 pm
 

Boies: NBA players consolidate antitrust lawsuits

Posted by Ben Gollivernba-lockout

Last week, National Basketball Players Association executive director Billy Hunter announced that his union was disbanding so that the NBA players could file antitrust lawsuits against the NBA. The immediate question that was raised: was this a legit strategy or a legal longshot?

One week later, USA Today reported that one of the lawsuits filed by the players, set to be heard in Northern California, has been abandoned. 
NBA players involved in lawsuit vs. NBA in California's Northern District file notice of voluntary dismissal of complaint without prejudice.
Later Monday, Ken Berger of CBSSports.com reported that the voluntary dismissal was a precursor to the players' decision to consolidate their two antitrust lawsuits into one. Players' attorney David Boies made that announcement official during a Monday evening press conference in New York.

"David Boies says players filing consolidated complaint, combining the cases in California and Minnesota," Berger reported. "The consolidated complaint including all plaintiffs from both cases was filed today in Minnesota."

Players originally named as plaintiffs in the California case included New York Knicks forward Carmelo Anthony, Knicks guard Chauncey Billups, Oklahoma City Thunder forward Kevin Durant, San Antonio Spurs rookie forward Kawhi Leonard and free agent forward Leon Powe. Players named as plaintiffs in the original Minnesota case included free agent forward Caron Butler, Detroit Pistons guard Ben Gordon, Minnesota Timberwolves forward Anthony Tolliver and Minnesota Timberwolves rookie forward Derrick Williams.

"This is now a consolidated class action on behalf of all the players," Boies said, according to Berger. "If we had not done this, the courts would have done it."

"This should permit us to expedite the case," Boies said of the consolidated complaint, noting that additional plantiffs will be added to the case. Those players include Phoenix Suns point guard Steve Nash, Cleveland Cavaliers point guard Baron Davis, Boston Celtics point guard Rajon Rondo, free agent point guard Sebastian Telfair and Minnesota Timberwolves forward Anthony Randolph

NBA general counsel Rick Buchanan issued the following statement in response to the consolidation.

"We assume that Mr. Boies was not happy with either the reassignment of the case from Oakland to San Francisco or that the new judge scheduled the first conference for March of 2012," the statement read. "This is consistent with Mr. Boies’ inappropriate shopping for a forum that he can only hope will be friendlier to his baseless legal claims.”

Boies, in turn, called the NBA's statement "ridiculous," Berger reported, before adding that no settlement talks have taken place yet.

"It takes two people to negotiate," Boies said. The NBA has until December 5 to formally respond in court to the players' consolidated legal complaint.
 
 
 
 
The views expressed in this blog are solely those of the author and do not reflect the views of CBS Sports or CBSSports.com