Saturday, December 27, 2008

Rulon" The Beast" Davis

Emerald Bowl tonight, California vs Miami.  Should be a good game, but I believe that Cal will take it home.  Rulon
The BEAST Davis is back in full strength for the bears and should put a lot of pressure on Miami's young offense.  

Miami has some players suspended for academic and other violations as usual for the bowl game.  Either way I am excited to watch Rulon and the Golden Bears of Berkeley dominate. 

All 4 One, Or 10 For All In The AFC East

The match-up is gettin closer....Pennington v Favre in New Jersy (Jets home field) for the AFC championship and/ or a potential wild card playofff spot for the Jets.  The season for both teams ultimately lies on this one game.  The JETS won the first game of the year between the two teams 20-14 in Miami.  It was Brett Favre's first game in a NYJ uniform and his first win.  Pennington and the Dolphins started out 0-2 after that loss to the Jets but have gone into a Wild Dolphin offense and have drastically changed and won since the first match up.  The game is at 4:15 and looks to be a good one.  

If the Jets don't win and Brett Favre retires after this season (which I think is likely going to happen), then I do not know what to say as a Jets fan.  If we still can not make the playoffs with a great team AND Brett Favre, then I literally am speechless. Even Pennington got us to the playoffs two years ago at 10-6. I would at least expect the same out of hall of famer Favre.  I even bought an authentic Favre jersey, that will be tarnished if the Jet's can not at least make the playoffs.  I have confidence in the team this weekend however, and without jinxing anything all I am going to say is that I will be going crazy in green, wearing #4 hoping for a W.

Friday, December 26, 2008

The Voice of America

Here is a picture of Jon Favreau, the voice of Obama (Obama's young speech writer).  In this photo him and some college buddies are having a good time, with the constructive presence of Hilary Clinton.  Hahahhaha, and this is the future voice of America. I'm looking forward to the next four, or more years...

Wednesday, December 24, 2008

$10,000 Snow Angel

The Pat's Wes Welker was fined $10,000 for doing a snow angel after he scored a touchdown this past Sunday in the Patriots romping over Arizona. That is 10k that Wes could have used this Christmas under the tree.

The NFL imposed the penalty for unsportsmanlike conduct, specifically for participating in an illegal demonstration by going to the ground after his touchdown, said league spokesman Corry Rush.

Compared to all the other things NFL players get fined for doing I do not think this deserves such a hefty fine.  But hey, Welker did violate the rules, so he should get punished.  He got a 15 yard penalty for it during the game, however, he received this fine by the league on Wednesday.  If he got fined 10k for that, then Tennessee RB Chris Johnson should have been fined as well for pulling out a towel and using that as a prop after he scored against Pitt, but Johnson was not.  How did Goodell and the league miss that?

Half Court With Ease, Not Too Redick-ulous

Tuesday, December 23, 2008

JETS Lose Game, But Win Snowball Fight

Dynasty Athlete Representation 2009 Internship

This spring I will be doing an internship with Dynasty Athlete Representation.  I will be specifically helping with the Football division, but will do assist in all areas of the agency.  I am extremely interested in helping with the potential NFL candidates along with the many other talented athletes.  I can not wait to assist with the models and the Entertainment side of the agency as well.  I am excited about this opportunity and glad that Darren and Justin chose me to become part of the Dynasty family.  

This link, a post from, will tell you more about the internship.

JJ Redickulous

My boy JJ scoring a quiet 41 against Texas in the NCAA tourney'.  JJ began to get some starts for the Orlando Magic this year too. 

Ellis Fined 10K for Abominal Snowball

New York Jets defensive end Shaun Ellis was fined $10,000 by the NFL for throwing snow at fans following the team's loss at Seattle on Sunday.

Several fans threw snowballs at New York players and staff as they walked off the field after the Seahawks' 13-3 victory. As he approached the walkway leading to the locker room, Ellis reached into a pile of snow, picked up a large chunk and tossed it into the stands at Qwest Field, appearing to hit at least a few fans. No one was believed to have been injured.

Ellis said Tuesday that he wasn't angry at the time, and there was no malicious intent on his part.

"It was all in fun," he said.

Video of the incident originated on YouTube after a fan captured it on film and posted it on the site. As of early Tuesday afternoon, the 53-second clip had been viewed nearly 340,000 times. Several other Web sites have also posted links to the video.

"It was kind of like a little battlefield out there, so to speak," Ellis said. "I mean, it was just all in fun, going to the locker room."

When In Rome.....

An article I wrote for SAB titled, When In Rome, Do As Brandon Jennings Does.  

After reading many articles including ESPN The Magazine’s Chris Broussard’s on Brandon Jennings‘ progress in Rome, along with checking out Jennings’ blog, When In Rome, you can certainly see why Jennings will be a lottery pick in 2009.  He has clearly matured as a player already and will only get better until he makes him move back across the Atlantic into the NBA.

In a previous post, I described the predicament that Jennings was in.  Brandon Jennings was the first prep to pro basketball star from North America to play in Europe.  Because of low SAT scores and the coaching turmoil at Arizona, he decided to forgo playing college ball and headed to play professionally for Virtus Roma.

Jennings’ flashy play and high top hair cut attracted enough attention, but this unprecedented move to play in Italy for millions caused many to question Jennings.  Others thought he could be a trend setter for many future young players, who because of the NBA’s “one and done” college age restrictions, would rather make go overseas and make millions instead of playing one year of college ball.

jenningsx-largeJennings signed with Roma for $1.65 million, but has a buyout clause in his contract that would allow him to leave after each season if he were to pursue his NBA dream.  Jennings has said multiple times that this the NBA is a definite for him.  He will likely leave Italy after this season and become an NBA lottery pick in 09′.  Many scouts and coaches have compared him to the Spanish star Ricky Rubio, who played in the same league. Comparisons to Europe’s best is great for Jennings, however players who have guarded both say that Jennings is even better than Rubio at 18.

Jennings and all his flash and hype came to Italy with high expectations.  He was soon humbled, where the real Brandon Jennings finally emerged.  His first week at practice in Italy, Jennings was kicked out of practice for “slacking” on his cuts during practice when going over the new plays.  Jennings was stunned and amazed.  He could act any way he wanted at practices in high school, but not in Europe.  After a conversation with Ray Allen, he quickly regained his composure and was able to step it up, giving himself and his teammates the confidence they needed in their million dollar point guard.

From that day forward, Jennings has continued to improve physically in the weight room and mentally with his decision making on and off the court.  And although he still spends a  lot of money of thousand dollar Gucci and Dolce backpacks and bags, he is learning the Italian culture and emerging as a potential NBA leader in the future.

Jennings’ personality really doesn’t match his flashy hair and upbeat style of play on the court.  He is a momma’s boy at heart and really only associates with his brother, mother and teammates in Italy.  It appears that Jennings is getting a real education overseas, and will surely be better off because of it.

brandon_jennings014bwGoing overseas instead of attending college has its ups and downs, and although many others might not choose the route “Young Money” has taken, his voyage will certainly shed light unto the the rest of us.  We can see if and how many others follow in his shoes.

Visit Jennings blog, When In Rome to check out the latest updates on Brandon Jennings and how he is progressing in Italy.  His blog addresses the latest on-court issues, along with features such as his favorite music, movies, and the newst Under Armour gear.

Sunday, December 21, 2008

MORE Young Money $$$ Highlights

Brandon Jennings highlights BEFORE he went overseas to play with Roma.  Imagine how good he will be in 2009 with a year of European basketball underneath his belt and a lot of maturing....Check out my previous post for some highlights of him playing in Italy.

Saturday, December 20, 2008

Ari Gold Was Poisoned

Jeremy Piven, the actor who plays agent Ari Gold on Entourage, was recently advised by his Doctor to stop touring with his show and to take it easy for a while.  The California Dr did some tests on Piven and found out that he had extremely high levels of mercury in his system, and that his fatigue and other symptoms were a result of mercury poisoning.  Piven admits to having ate tons of tuna fish and sushi over the past several years and can not believe he has mercury poisoning.  The result is so rare, and high levels of mercury seem to be hard to get.  I wonder how much tuna and sushi Piven must have been eating?  Was it a diet only on high class fish and sushi, or did it extend over many (10-20) years of eating fish filed with mercury?  I eat a lot of sushi and can only hope I don't get this poison as well.  Good luck Jeremy, I hope you get better and appear back on the Entourage set asap and that this does not affect him in the long run.

Friday, December 19, 2008

Atlanta Braves Angry At Agent Arn

Arn Tellem, from Wasserman Media Group might be in trouble.  The Atlanta Braves are extremely mad with agent Arn Tellem, of WMG.  The Braves reportedly had offered Tellem's client, Rafeal Furcal, an offer that he and his agent apparently agreed to take.  A day later, Furcal reneged from the Braves deal and signed with Los Angeles.

The Braves were extremely mad and made a comment to Tellem, stating that he should cross off Atlanta on all of his clients lists.  The Braves were no longer interested in working with him again after this incident and that Tellem should go to the other 29 MLB clubs.  

"Two days after Furcal, then a free agent, spurned an offer from the Braves to return to the Los Angeles Dodgers, team president John Schuerholz called the actions of Furcal's agents, Paul Kinzer and Arn Tellem, "despicable" and "disgusting" and said the franchise would never deal with the firm again, according to the Atlanta Journal-Constitution." -ESPN

The decision to not accept a contract or renege on an already agreed upon deal is a touchy subject.  ESPN or Tellem did not say why Furcal chose to opt of the Braves deal and stay in LA.  Maybe it was more money? Maybe not?  Whatever it was it is up to the client (Furcal).  Although the agent has some say and opinion regarding the decisions his client should take, it is ultimately up to the athlete to finalize and accept a contract.
I can understand why the Braves would be mad with the Furcal situation, and that verbally expressing your anger to the public is a good way to show agents and others that you are mad.  But again, it is not solely agent Arn Tellem's fault.  The Braves seem to be making it the lone fault of the talented agent from WMG, but maybe they are taking it a little to far.  Tellem and Wasserman have an enormous list of amazing MLB clients.   The Braves would be lucky to get a hold of some of those great players and they should watch what they say.
"On Thursday, Tellem said he hopes to negotiate for other players with Atlanta in the future. According to the Journal-Constitution, his firm currently represents Braves reliever Peter Moylan.We hope that once emotions have subsided, the Braves will act in a manner consistent with not only their obligations under the collective bargaining agreement and the National Labor Relations Act, but also the best interests of the franchise," Tellem said. "In short, we would not want this incident to color their better judgment."

Thursday, December 18, 2008

Young Money Highlights on Youtube

Brandon Jennings aka "Young Money" highlights on youtube.  From a game against TAU in the Italian leauge.  As usual, Jennings is sick nasty...... Stay tuned for a Brandon Jenings update by me on

How 'Bout Dem Apples? CC In the City

It is official.  CC Sabathia and AJ Burnett are now donning pin stripes.  The yank's inked both pitchers last week and made it official today in a news conference.  They both chose NY in hopes of winning a world series championship, and might I say look great in pin stripes.  The two signed for a total of $243.5 million dollars.  CC getting around $161 million of that.

The Yanks will have a sick pitching line up now and do not plan on stopping with only these two pick ups.  Right now the rotation includes CC, AJ, Wang, Joba and Phil Hughes.  That sounds lethal, but we will still need to have some offense and some young guns to help guide us through the long season.

"New York City: If you can make it here, you can make it anywhere.."

Green Man 2

Be Green Man

Click the link above to get your own Green Man suit, just like the one Charlie wears on Alway's Sunny In Philadelphia.  Check out my previous link to see some Green Man sillyness.

He Spend's More Time In The Sand Than Hasselfoff...

International Star David Hasselhoff will sing the national anthem at the Pioneer Bowl in Las Vegas this Saturday.  The bowl game is between BYU and Arizona, but all the attention lately is regarding the former Baywatch star singing of the national anthem.  

Hasselhoff is an international superstar, as Baywatch is the #1 most aired and watched series of all time, and Hasselhoff is the leading man, gaining all that attention from his Baywatch past.  He has been in many movies lately, and has cameo appearances on sitcoms and movies as well.  The weather in Las Vegas might be snowy and unusual, but so is Hasselhoff singing the national anthem before a BYU game.  With two days left until the kickoff lets see who gets more press coverage, the teams involved, the weather, or Mr. Baywatch.


Quarterback Sues Friends over Trademark Application

"Tennessee Titans quarterback Vince Young filed a lawsuit this week in Houston against "three friends," who own the rights to "VY" and "INVINCEABLE." Young became known as "INVINCEABLE" at the University of Texas after he guided The Longhorns to the national championship in 2006. He received the nickname "VY" as a youngster growing up in Houston. In his claim, Young is requesting that the defendants relinquish their trademark rights to the term so he can use it. He further claims that he has been prevented from getting marketing deals, including some that were in the works for Reebok."

A brief article from The Sports Litigation Alert, Issue 23..

My post on

Vince Young is suing "three friends" for his trademark "VY" and "INVINCEABLE" names, that his three friends got trademarked after his National Championship Rose Bowl appearance for Texas. 

young_vince_tdRodney Vannerson, Enos Cabell and Tom Roberson, were the individuals listed as "three friends" in the complaint filed in a Houston District Court on December 12th.  Young got his nickname "Invinceable" after winning the Rose bowl almost single handedly in 2006.  "VY" was a nickname he grew up with as a child.

Vince's agent, Major Adams, has stated that he has been held back from marketing and shoe deals (Reebok being one of the bigger names) because of these trademarks that his friends got without his knowledge.  VInce said he was only made aware of the trademarks after he was selected in the draft.  The friends filed for the trademarks the day after the national championship victory warly in 2006.  

Now that Vince is back taking snaps, backing-up Kerry Collins and is still in Tennessee, he seems likely to stay there.  Jeff Fischer has said that he still likes Vince and intends for him to be a starter again sometime.  Although Kerry Collins has the team looking good this season, Vince's stock will certainly rise again, and when it does he wants to have those nicknames as possible brand names.

 But will his justification hold up in court as a valid defense for his lack of trademarking the names before his friends?  Does he have any rights to his nicknames, or will he have to buy his "three friends" out to get the names legally?

Tuesday, December 16, 2008

President Bush Getting Shoes Thrown At Him

Apparently someone did not like what President Bush had to say. A newspaper reporter threw both his shoes at Bush after he was addressing the media and telling of American victory. It is said that the sole of the shoe is viewed as a HUGE sign of disrespect, and by throwing his shoes at the President the reporter was expressing his discontent with Bush and his policies. My question is where was the secret service for all of this? What if the reporter had a gun instead of a shoe? If they can protect Bush from snipers and terrorist and anthrax, where are they for the infamous "shoe's used as weapons" stories?

Saturday, December 13, 2008

DONE with Finals

I am officially done with all of my finals, and have finished my first term of law school.  It certainly is a good feeling.  Not to be cliche', but I can honestly feel the weight of finals lifted and this next month will be relatively free.   I feel really comfortable after all of my finals.  I studied a lot weeks before the exam and went over old exams leading up to the test.  After the exams I felt like I knew all the material on the exam and properly showed that.  I only did not finish one of the finals, but I feel I showed that I knew the material the part of the final I did finish.  I am hoping for great grades and will only be satisfied with that.  We find out our grades in almost two months.  Which is rediculous, but hey, what can you do?

Thursday, December 11, 2008

GREEN MAN!!!!!!!

33 3

Last night, Carmello Anthony tied an NBA record scoring 33 points int he 3rd quarter against the Minnesota Timberwolves.  Melo did this while only shooting 15 shots in that quarter.  He ties the record held by George Gervin, as it seemed that EVERY shot he took found the bottom of the net.  The NUGGETS ended up winning the game 116-105.

Tuesday, December 9, 2008


No, I am not doing a cheer for Michigan State Spartans.  I am talking about saving the earth.  It is the new cool thing to do.  For several years now, since Al Gore, the creator of the internet (self-proclaimed), enlightened America about the effects of global warming and other climate changes that are going on, everyone and everything has attempted to go green.  From company's like Timberland making shoes from recycled materials, to papers and even food.  Everything and everyone is trying to save this planet (0r so they claim) by getting down to basics and doing organic ideas.  I like this a lot,  the more proactive we get the better off we will be.

My pops built the first straw bale house in Virginia, that we currently reside in.  Since then, my sister Samantha and I have been consciously aware of green building and energy efficient housing.  My sister even went on to major in that particular area, from Virginia Tech.  Her and my dad colloborate their ideas regarding many green products and projects.   I recently had an article that my mother, Susan, and I combined to write, published in the Fall 2008 issue of Jewish Education News.   The article highlights the straw bale house that my family lives in, along with other green initiatives and is a very interesting read.  If you know nothing about straw bales homes and are interested, read it.

My father did not stop with only one straw bale house.  He has built several of varying sizes and is now currently in the process of creating an entirely green subdivision on a beautiful piece of land in Pulaski, Virginia.  The property is located right off of Claytor Lake near Radford/ Pulaski and is the first green subdivision proposed in that area.  Construction is under way, and the process seems to be going smooth.  My father and his other investors plan to build several (4-6) total houses on the stretch of land that runs right along side the lake.  The subdivision will have at least one common dock on the lake.  The plans and pictures look amazing and I can't wait until it is finished so I can enjoy myself at the lake.  My father and many others have been working extremely hard on this project for well over a year now, and the first house should be done sometime this summer.  HERE, is the link to Life Is Crazy L.L.C.  Go check out some pictures of the house and some information regardings its developement.  If anyone is interested in helping, buying, or learning more about this project please comment and/or let me know.

(picture of Mr. and Mrs. Jeff Kurtz in chi-town)

21 honored

A little late in reporting and honoring 21, but it's all good.

LANDOVER, Md. – Announced one last time as the "starting free safety" for the Washington RedskinsSean Taylor was inducted into the team's Ring of Fame before Sunday's game against the New York Giants.

With his mother, father, girlfriend and daughter huddled under umbrellas near the center of the field, Taylor's name was unveiled on the upper-level facade of FedEx Field, joining 42 other Redskins greats.

Taylor's father, Pedro Taylor, told the crowd that his son used to say of the fans: "When you guys make the stadium rock, he begins to rock."

"Right now," Pedro Taylor added, "Sean is rocking in heaven."

After the ceremony, the public address announcer said: "Starting at free safety for your Washington Redskins, No. 21, Sean Taylor."

Running back Clinton Portis, Taylor's close friend, then ran onto the field carrying a large burgundy flag with a gold No. 21.

The game was the first following the one-year anniversary of Taylor's death. He was shot in his Florida home last Nov. 26 and died a day later.

Taylor's No. 21 was painted in burgundy on a white background at midfield, where the Redskins logo normally lies."

Carry Me

Sunday, December 7, 2008


The Entourage Affect

Check out the lead story on called, to see my latest posting,
So, You Want To Be An Agent? The Entourage Affect.

Saturday, December 6, 2008

Monday, November 24, 2008

Turkey Day Break/ Studying At Home

 I am officially on break sort of, as I am now at home in the City of Dreams (Blacksburg,VA).  Thanksgiving break is only one day really.  I am skipping two make-up classes to come home for a week.  It is not all fun and games here however, as I am listening to the podcasts and lectures that I missed along with studying for upcoming finals in three weeks.  I am at a hookah shop in DT bburg now studying and memorizing torts.

I am glad that Cooley has podcasts for some classes.  We do not get many break as a law student and I plan on taking advantage of them by studying 500 miles away from the Cooley campus (where it is almost just as cold).

Friday, November 21, 2008

MSU-PSU, Rose Bowl On the Line

Penn State takes on Michigan State at Happy Valley this Saturday for the Big Ten title and a possibility of playing in the Rose Bow. Javon Ringer leads the surprising Spartans to PA in hopes of ruining Penn State's season and a chance at a BCS Championship game appearance. The Nittany lions are ranked #8 in the nation and the Spartans are #15. Sadly I will be on the road to Blacksburg, VA for Thanksgiving, and will be missing this game. NO worries however, TIVO is a wonderful invention that I could not live without...

Thursday, November 20, 2008

A Tie?????

First tie since 2002 an NFL game ended in a tie. The game this past Sunday between Philadelphia and Cincinnati ended up at a stalemate at 13. The teams struggled the entire extra period and after a sad looking overtime period ended in a tie. Cincinnati has won one game all year and Philadelphia has been slipping since RB Westbrook first became injured. I think the NFL needs to have some way to end a game without having a tie. It is so rare that it not only looks awkward, but feels awkward as well and hurts both teams records. Come on Roger Goodell, instead of only hearing your name for fines and extending the season, lets hear it associated with a new strategy for handling tie games...

Uruguay Championships Cancelled After RIOT

The Uruguay Championship tournament has been officially canceled on Monday, after a HUGE on the field riot between fans. The riot occurred after the top two teams in the league faced off, the visiting team won 1-0 and the fans came onto the field with metal and wooden fence posts ready to fight.

The conduct was so appalling that the league officials decided to cancel the rest of the championships for the season. Fighting and riots are common for soccer nations but not always on the field directly after the game. Leagues have taken action but not usually a full cancellation of the league championships. These measures are extreme but perhaps it will influence fans enough to finally deter these types of reactions.

I understand the passion these fans have for their teams but they have to do other alternatives when the team loses. Maybe Americans do not care about sports as much as other countries but the government and police need to regulate and enforce this bad behavior more and patrol more after games. I think the harsh action here is a good start to show fans no to riot and destroy property or cause death or serious bodily injury after games.

Wednesday, November 19, 2008

CYA Bud Foster

According to several talented Hokie defenders (Sturdivant..), the Hokies defensive coordinator, Bud Foster, is going to leave Blacksburg. Some people are saying he is going to take the head coaching job at Clemson. Not only will Foster be leaving, but a lot of his defensive all star players are considering leaving for the NFL if Foster leaves. Doesn't that sound great for Hokie fans? Bud Foster and the Hokie defense has won many games for Frank Beamer almost single handedly in the past decade. Without Bud the Hokies will be in trouble. Nothing has been officially said by Foster, all this is just talk coming from the Hokie locker room.

Redick Starts First NBA Game

JJ Redick made his first career NBA last tonight for the Magic in a 103-90 win against the Toronto Raptors. Redick had ten points total.

Mark Cuban Situation

As you might have heard by now, billionaire entrepreneur and owner of the Dallas Mavericks, Mark Cuban, has encountered a problem.  On Monday, Cuban was issued a civil complaint by the Securities and Exchange Commission (SEC) in federal court in Dallas, Texas.  The complaint charged Cuban with insider trading regarding his sale of 600,000 shares of stock in 2004 (Montreal-based changed its name in June 2007 to Copernic Inc).  Apparently, the SEC has been investigating this case for several years and has only now decided to go after Cuban.  According to the Associated Press, the facts of the case are as follows. 

 " decided in the spring of 2004 to raise capital in a so-called private placement in public equity offering, known as a PIPE, according to the SEC suit. In late June, as the PIPE moved toward closing,'s investment bank suggested the company invite Cuban to participate.

On June 28, Chief Executive Guy Faure e-mailed Cuban asking him to call him "ASAP," the SEC said. Cuban called four minutes later from the American Airlines Center in Dallas, home of the NBA's Dallas Mavericks, and spoke to Faure for about eight minutes.

Faure, who resigned last year, began the conversation by telling Cuban he was about to give him confidential information. Cuban agreed to keep it to himself, the SEC said.

Cuban became upset and angry during the conversation, and said that he didn't like PIPEs because they dilute the value of company stock for existing shareholders, according to the SEC."

 After Cuban got off the phone he then called his broker and traded all 6.3% of his shares.  Some reports said it was within only 8 minutes of the conversation ending, others claim it was hours later, but before the public announcement of the offering.  The federal regulators claim that by selling his shares when he did, Cuban saved losses of around $750,000.

 Scott Friestad, the SEC's deputy enforcement director claimed that "It is fundamentally unfair for someone to use access to nonpublic information to improperly gain an edge on the market."  In the SEC's statement, they urge that unless he is subject to an injunction, Cuban "is likely to commit such violations again in the future,"    Although the issue at law regards insider trading, the real issue that Cuban and his attorneys will question, asks if Cuban is being singled out by the SEC because of his high profile name?

In response to thee allegations, one of Cuban's attorney's Ralph Ferrara, said on Cubans blog, that the SEC's case "has no merit and is a product of gross abuse of prosecutorial discretion.  Mr. Cuban intends to contest the allegations and to demonstrate that the (SEC's) claims are infected by the misconduct of the staff of its enforcement division."

Cuban, in his own statement, said, "I am disappointed that the (SEC) chose to bring this case based upon its enforcement staff's win-at-any-cost ambitions. The staff's process was result-oriented, facts be damned. The government's claims are false and they will be proven to be so."

In a later post on Cuban's blog,, Cuban's attorney, Stephen A. Best, claims that the conversation between Mr. Cuban and Mr. Faure had no agreed discussion of keeping the information private.  Below is the relevant interview regarding the phone conversation between the two.

Christopher Clark:

1) Q- We spoke earlier about you were telling Mr. Cuban in words or substance : “I have confidential information for you”.

A- Right.

2) Q- Do you recall anything Mr. Cuban said in response or reply to that statement by you ?

A- No, I do not.

Whatever defense Cuban and his attorney's use they had better make sure that he sticks with his story and does not lie in any way.  The charges against Cuban, currently, are only civil charges and not criminal.  Meaning that if he complies with the SEC he could get away with paying only restitution damages and no jail time.  On the other hand, if he lies the government is likely to press criminal charges, including obstruction of justice.  This could place him in the same situation that Martha Stewart was in.  The two cases are eerily similar, except that Martha fabricated a defense and was charged and jailed on that not on insider trading charges alone.

With the Mavericks off to a dismal start this season, Cuban has not had the greatest month of November. If he handles the civil complaint appropriately, he could only be forced to write a check, and will be allowed to go on and conduct business as usual. But will the charges have any further effect on Cuban's business?

David Stern and the NBA have the right to discipline/ fine team managers for their actions. As we have previously seen with Stern, he does not hesitate to issue fines and suspensions for criminal charges off the court.  He has even fined Cuban before for "comments" he made after a game.  So, if the SEC finds Cuban guilty, he can also face sanctions by the NBA.  

Another business area that might be affected by the complaint might be the potential buying of the Chicago Cubs.  Using my own "inside information" from Mr. Cuban himself in October, the potential deal buying the Cub's is off the table.  Mark told me it would have been a wonderful opportunity for him and the Cub's organization, but they both were unable to agree on future terms.  If the deal were still up in the air and assuming he is the highest bidder, before he could officially buy the Cub's he would still have to get approval by all other MLB owners.  And with a charge of insider trading hanging over his head, that task of getting other owners approval may be a little harder.

I was privileged enough to meet Mark this past October at the Entertainment Law Forum in Los Angeles.  Not only was I impressed with his overall knowledge and creative business ideas, but he was extremely personable and social.  With the economic situation in America today, I believe the SEC is looking to show American's that they are still present.  Like Martha's ordeal, charging a big name star, such as Cuban, brings added attention to the agency and gives Americans more belief that the government is trying to fix the economic situation.  The charges against Cuban are certainly shocking. As one of the richest individuals in the world (161st according to Forbes in 2007), Cuban is always looking for other business areas to break into and innovate. If he recognizes a potential loss, like any good businessman, he attempts to reduce the losses.  Hopefully, Cuban will can keep reducing his losses because this time he has a lot to lose.

Tuesday, November 18, 2008

Marshawn Lynch Celebration

After watching Marshawn Lynch run over people last night against the Browns.  I started to remember his days at Cal.  My roommate then made me aware his "joyriding" days after games at Cal where he would steal the gator cart after games and ride around the field.  After Lynch scored the game winning TD in OT he took the cart from the trainers and went around the entire field hooting and hollerin'.  He drives like a mad man and is close to hitting fans and players.  Although it looks like fun the school could definitely get in BIG trouble if he were to hit somebody.  We are learning about Negligence now in torts and this is a great example of it.  I'm glad the Buffalo Bills got him squared away on his conduct after games.  The link to watch the you tube video is below.

Agent or Advisor: The Andy Oliver Dilemma

The Andy Oliver affair is a tragic account of a talented young athlete who was forced to suffer because the actions of one greedy agent, who believes he has a stake in the stars success.  On the other hand, the Oliver case highlights the thin line between agent and adviser, and will help distinguish between the two for future reference.

Andrew Oliver is a talented young pitcher who currently attends Oklahoma State University.  The facts of the case start when the Minnesota Twins drafted Andy after his senior year of high school.  At that time, Andy spoke with and was advised by Robert and Tim Baratta on whether to accept the offer from the Twins or attend college and play, where his stock could go up.  With the Barattas’ brother’s advice, Andy decided to attend OSU on an athletic scholarship.

Under section 12.3.4 of the NCAA Bylaws, it explicitly allows for adviser panels to exist. Importantly, it states that an adviser can review a proposed professional contract, help in securing tryouts with teams, and assist a student-athlete with the selection of an agent.  The purpose of allowing an “adviser” relationship to exist is to allow the student athlete to stay eligible as a collegiate athlete if they are considering going professional or if their contract does not work out.

Oliver went on to be a dominant pitcher at OSU, earning first team All-Big 12 honors his first season.  He helped the Cowboys receive a national top 25 ranking and a spot in the College World Series.

All was grand for Oliver until he decided to drop the Baratta brothers his sophomore season for legendary baseball super agent, Scott Boras.  Most baseball managers despise or are afraid of Mr. Boras because of his intimidating list of talented clients and the extremely hefty contracts he negotiates for them.  As soon as Boras was declared Andy’s official agent, the Barattas’ then mailed the Oliver’s a bill for over $100,000 for their previous services. The Oliver’s disputed the bill, claiming they had only agreed to pay the Barattas' a percentage of a future professional contract, something which Andy still has not received.

After the Oliver’s disputed, Robert Baratta wrote a letter to the NCAA, alleging Oliver had committed NCAA violations.  Claiming that he had paid them, and that they acted as his official agent. Baratta also claimed that Boras had offered Oliver inappropriate benefits, including pitching lessons and equipment. Oliver denies all of the allegations against him, and stated that he only used the Baratta brothers as advisers.

This was a rather slimy move by Robert.  Bringing an issue to the attention of the NCAA regarding a high power agent like Boras might require immediate attention, rather than allowing the complaint to go through the NCAA’s judicial process.

The letters sparked a joint investigation by the NCAA and Oklahoma State on Oliver and his communication with his adviser/agent, Robert Baratta (nothing of Boras was mentioned in the NCAA report).  This ultimately led to Andy’s suspension from NCAA athletics.  On May 31st, when Andy was to be pitching against Wichita State in hopes of advancing to the next round of the CWS, the NCAA declared him ineligible.  This not only disappointed Andy and his family, but his coaches and team were upset and disappointed that the NCAA took their ace pitcher during the most important part of the college baseball season.

After his suspension for violating the NCAA “no agent” policy, Oliver filed a legal malpractice suit against the Barattas’ for their original intervention.  However, the boldest decision by the Oliver’s came when they decided to file a suit against OSU and the NCAA amongst others, regarding the suspension and ultimate end of Andy’s season during that crucial time.

Andy and his attorney, Richard G. Johnson, refiled their complaint against the NCAA several times now and eventually got a temporary restraining order (TRO) issued against the NCAA.  This means that the NCAA immediately reinstated Andy Oliver’s collegiate eligibility, allowing him to participate this pre-season and season until his case is finally decided.

The trial of Oliver v. NCAA is set to be heard December 8th, 2008.  Andy recently took another small step in his battle, as the court dismissed the defendant’s request for the trial to be heard by a judge and not a jury.  The main issue in this case is if Oliver broke NCAA regulations by obtaining the Barattas’ as an agent.  Andy’s other argument is that he was denied due process when he was suspended from the team during the end of the season on these allegations alone.

I happen to agree with Andy’s argument.  In the NFL and other professional sports, athletes are not punished for their actions until they are convicted of the wrongdoing.  A recent example of this is Matt Jones.  The Jacksonville Jaguars receiver was charged with possession of cocaine this summer in Arkansas and is yet to miss an NFL game this year. NFL commissioner Roger Goodell waited for his trial to finish before instituting a suspension to Jones on that particular offense.

Allegations or investigations alone should not prohibit an athlete from participating.  If that were the case, agents or even other competitors who want to get back at athletes could send the NCAA letters and get those players banned. On that logic, this could be a simple case of a jealous agent trying to get back at a client who has left him for other representation. Imagine the chaos that regulation would cause in collegiate athletics.  Back ups athletes could write letters to the NCAA with fictional allegations about the athletes in front of them on the roster in order to get a starting spot.

The underlying facts show that not all agents are self-absorbed, bad people with horns, who only look out for their own skin.  Many in fact, are the opposite; specifically ones who act as advisers first and then become agents.  Advisers get no finances until fruition of a contract and can do a lot of research without pay.  In Andy’s situation, the details are unclear regarding what the Baratta brothers actually did for Andy and if those actions crossed the line from adviser to agent.  Maybe the Baratta brother’s aren’t the bad guys they are portrayed to be?  An agent does deserve his fair share when he represents a client. This is what the court will have to decide when looking at Andy’s many complaints.

Always Sunny In Philly Season Finale Preview

For all of you who are fans of the show It's Always Sunny In Philadelphia, like myself, here is a preview of the season finale that will be airing this Thursday on FX....

It involves a night man musical and looks ridiculous. I can't wait!!  The link is below as I still can not add it as a video link for some reason...

Thursday, November 13, 2008

Follow Me To America

Swedish sensation, Freddie Ljungberg is now in Seattle representing the recently formed Seattle Sounders of Major League Soccer.  Ljungberg was a former Arsenal Gunner for many years, playing in the EPL.  He also helped Sweden in many international matches.  The left footed winger can play midfield or up top and will be very touch to guard in MLS play.  

Many internationals are now leaking into the MLS to play professionally.  Following the act of Beckham, big names like Freddi are now giving the MLS consideration.  Is this a good thing for the MLS or will players soon leave and go back overseas, sending negative signs to the rest of the world about American soccer?  

Beckham and Ljungberg are not young stars like Ronaldo and Rooney and Messi, but their fabled names have caused many to take a second, or first, look at the MLS as a possible option.  Although, they might be looked at as over the hill by many in the soccer world, Beckham, Ljungberg, Blanco and others have all improved the MLS and its reputation.

19 3's, O My!!

The New York Knicks hit 19 three pointers in there 132-103 win against the Memphis Grizzlies on Wednesday night.  That was a franchise record for 3' pointers made by the Knicks.  Defense was certainly not a focal point in that game as the Knicks outshot the Grizz'.  Chandler for the Knicks was the teams high scorer with 27.  My boy Nate Rob' came in off the bench and had 21 pts with 5 rebs and 5 assists.  Another nasty game as usual for Nate.  He is the teams second leading scorer so far the first 6 games, behind J Crawford, who averages almost 21 a game.  Nate averages 2.6 steals a game and is tops in the league in that category so far.

Wednesday, November 12, 2008

BIG Trouble With GM

General Motors has said they are losing $2 Billion dollars A MONTH and will certainly need some type of government bail out in order to stay open next year. Locally, many Michigan plants have had layoffs here in Michigan. The worsening economy will only cause for more layoffs during this holiday season and make many unhappy workers and families. When will the government finally step in and do something to help the car companies out? GM is the largest car manufacturer that is effected by this economic times, and has already made significant changes. Gas prices are currently on the decline, however all companies in this industry are struggling. Will this "depression" be the end of GM and other American car companies?