sábado, 26 de noviembre de 2011

Pleas for sanity in the NBA lockout

Philadelphia, PA (My Sportsbook) - Time to bring out the big guns.

Nearly five months of negotiations during the NBA lockout have resulted in nothing but acrimony between the owners and players. So, after 144 days of watching each side play a reckless game of "chicken" with stupefying public relations results, KFC is hoping its Original Recipe will bring everyone back to the table.

The national fast-food chain is offering to speed up the negotiating process by bringing both sides back together with its chicken. If the owners and players name the time and place, Col. Sanders and Company will deliver a "10 Peace Offering" of their Original Recipe to cater their talks.

The brand, and it is simply KFC these days (remember fried is a dirty word now), is asking the public to get behind the offer by visiting the company's Facebook page to sign a petition showing their support for "bringing back the buckets this season."

Knowing these two groups, however, it's safe to assume there will be a hold-up for extra crispy just to be difficult and tick off a dwindling fan base even further. Extreme hardliners -- I'm looking at you Michael Jordan -- will probably call for Chik-fil-A or Popeyes just to muck everything up.

Levity aside, another and far more serious plea for common sense came from Michael H. Goldberg, the executive director of the NBA Coaches Association.

Goldberg penned an open letter in Sports Illustrated to both sides asking for the two sides to resume talks -- chicken or no chicken -- "and figure this thing out."

"We all need to concede that the NBA does not operate in a financial bulletproof bubble," Goldberg wrote. "After months of discussion, it has become apparent that a solution to the current situation means sacrifice and change. The parties have moved in that direction. Now is not the time to step back and harden positions. Litigation and the "courts" are not the answer -- been there and done that.

"Let the parties have the courage to make a deal, even if it requires taking some risks and accepting the unpalatable for the short term, so as to ensure that going forward there will be a viable and robust NBA business, one that is able to withstand the current financial environment and further prosper."

Goldberg is far from the first to advocate rationality or reasonableness so its more than likely his declaration, like so many others, will fall on deaf ears.

If chicken or lucid thinking isn't the answer perhaps the specter of injury will bring the owners and players to the senses.

Former Nuggets swingman J.R. Smith, who is set to become an unrestricted free agent and was in line for a big pay day if the NBA ever resumes, suffered a knee injury in his first game for his Chinese team, Zhejiang. The severity of the injury is not known but it highlights the risks for players considering a jaunt overseas, especially without insurance.

Another free agent, former Jazz All-Star Andrei Kirilenko, suffered a broken nose and a concussion when his head slammed into the floor during a weekend game in his native Russia.

Can you imagine if a Deron Williams came up lame in Turkey or if Kevin Durant says yes to Bayreuth and blows out a wheel in Germany? Heck, LeBron, D-Wade and 'Melo risk it all, both financially and athletically, every time they lace 'em up for a charity game.

Sanity certainly needs a jumpstart in this process, be it from chicken, lucid thinking or fear. The NBA's owners and players can take their pick.


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Players look overseas as lockout drags on

Philadelphia, PA (My Sportsbook) - The NBA lockout reached its 141st day on Friday with little hope on the horizon.

A conference call among the owners Thursday turned out to be little more than a litigation update from David Stern.

The commissioner briefed the league's Board of Governors on the antitrust lawsuits filed against the NBA in California and Minnesota, along with the already pending case in the Southern District of New York in which the league is requesting that the lockout be immune from antitrust attacks since the players have essentially dissolved their union.

By all accounts no new strategy was discussed by the owners and no further meetings were put on the books.

The NBPA, of course, disbanded Monday, and players filed their two lawsuits on Tuesday. The antitrust suit filed in the Northern District of California was assigned to U.S. District Judge Samuel Conti with the first case management conference set for March 9, 2012, a date that would certainly be far too late to save any of the 2011-12 season.

The one glimmer of sunshine came from David Boies, who is representing the players in the California antitrust suit. The high profile attorney said he hoped it would not be necessary to litigate the case to a conclusion, indicating the threat of an extended legal process would force both sides back to the bargaining table at some point.

That's pie in the sky thinking right now, however, and as things grow bleaker, more and more players are opening up to employment opportunities overseas -- even bigger names like Kevin Durant and Dirk Nowitzki.

The agent for Durant, Aaron Goodwin, confirmed a SPOX.com report Thursday that the reigning scoring champ is in talks with BBC Bayreuth in Germany.

"We're in the final stages of a deal and I'm an optimist. It's not looking bad," Bayreuth GM Uli Eichbaum told SPOX.

Last weekend Durant also claimed he was weighing offers from Maccabi Tel-Aviv in Israel and Valencia in Spain.

"I'm right on the fence with playing overseas and I'm about to jump over," the Oklahoma City superstar told YAHOO! Sports.

Nowitzki, meanwhile, hasn't ruled out a return to Germany and his shooting coach Holger Geschwindner claims if the NBA Finals MVP does make the move it will be for the season.

"This week we are going back to work, Dirk has not touched the ball since the European Championship at the end of September," Geschwindner told Agence France-Presse. "If he goes anywhere, he will be going there for the whole season."

Bulls stars Luol Deng, a naturalized British citizen, and Joakim Noah, who holds American, Swedish and French citizenship, are also looking toward Europe now that the lawyers are involved. Deng has been considering offers for weeks according to his agent Herb Rudoy and Noah has been fielding deals in his father's native country of France.

Phoenix restricted free-agent guard Aaron Brooks has already agreed to a one- year deal with Guandong of the Chinese Basketball Association, while the Xinjiang Flying Tigers in the same league have offered free agent Mavs guard J.J. Barea a contract.

The biggest hurdle in any of these potential deals is insurance but some like Sixers forward Andres Nocioni are willing to play without a safety net. Nocioni signed a deal with Penarol in his native Argentina without insurance to cover his existing NBA contract.

"It was something complicated and very expensive for the club and at the end it didn't cover it all," Nocioni told Chance Llena. "Also, it would take more days for me to start playing, it could even prevent me from playing the Super 8 tournament. I took that decision because I love basketball, I need to play."

If only more NBA players shared Nocioni's viewpoint.


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Report: NBA owners and players talking again

Sunnyvale, CA (My Sportsbook) - The NBA may not want to play the Grinch this holiday season after all.

With an eye on salvaging the league's high profile Christmas Day games, the NBA's owners and players have reportedly gone back to the bargaining table, according to Yahoo! Sports' Adrian Wojnarowski.

"NBA and players resumed talks on Tuesday to try and end the lockout before the cancellation of Christmas games, two sources told Y! Sports," Wojnarowski Tweeted.

The news comes just two days after the players combined a pair of antitrust lawsuits against the NBA in two different states into the same court in Minnesota.

A suit filed last week in the Northern District of California, which included Kevin Durant, Carmelo Anthony and Chauncey Billups among its plaintiffs, was discontinued without prejudice on Monday, according to court records.

Those players and several others were added to the lawsuit filed last week in a Minneapolis court, which included Caron Butler, Ben Gordon, Anthony Tolliver and would-be rookie Derrick Williams as plaintiffs.

Players are accusing the NBA and its teams of conducting an unlawful lockout and price-fixing arrangement.

Any talks now would have to be settlement negotiations to end the players' antitrust suit, meaning the ongoing talks are between the league and the attorneys for the players.

The NBPA filed a disclaimer of interest, disbanding as a union back on November 14 after rejecting the owners' latest offer and is now acting as a trade association.


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The NBA's Nuclear Winter kicks off

Philadelphia, PA (My Sportsbook) - Greed is at the root of most of the NBA's problems these days but it also might ultimately serve as the answer.

David Stern used the term 'Nuclear Winter' to describe what the NBA faces after the players rebuked the ultimatum on the table and decided to file a disclaimer of interest to dissolve the NBPA, a necessary step if the players plan to pursue antitrust litigation against the league.

Hunter explained the move in a letter sent to his constituents Monday night.

"We will now function as a trade association to assist and support NBA players, but we will no longer engage in collective bargaining with the NBA owners," the letter said. "The Players Association will instead dedicate itself to supporting individual NBA players in the assertion of your non-labor rights to be free of any illegal restrictions on competition for your services."

Then came the disingenuous spin...

"With no labor union in place, it is our sincere hope that the NBA will immediately end its now illegal boycott and finally open the 2011-12 season," the letter said. "Individual teams are free to negotiate with free agents for your services. If the owners choose to continue their present course of action, it is our view that they subject themselves to significant antitrust liability."

A Lord of the Flies system with 450 free agents is the last thing the NBPA wants. Sure the haves like Los Angeles, New York and Miami might become even more powerful but that $5.8 million average salary would likely sink like a stone.

However, until an anti-trust lawsuit against the NBA is actually filed hope that a 2011-12 season could be saved remains and is not all that farfetched.

After all, the 'Nuclear Winter' Stern talked about truly began on Tuesday when things got very real for the players. You see Tuesday would have been pay day, the first of the '11-12 season, and the average NBAer will lose about $220,000.

The hardline players aren't suffering. Most of them are superstars or veterans already set for life but let's not forget a lot of the more pedestrian players would have jumped at the offer on the table if they actually got a chance to vote on it.

"Hopefully the union just made that decision for every player in the league, and not just 30," Glen Davis told the Boston Herald. "Are they making that decision for the rest of us? Or are they just making that decision for the Kobes of this league - guys who have made a lot of money already. That's my concern."

Houston's Chuck Hayes echoed Davis' thoughts when talking with YAHOO! Sports.

"It's just very disappointing that we can't get a deal done," the Rockets forward said. "I trust that the union made the right decision on behalf of me and the rest of the 400 players. We all lose, everybody."

Promising Kings big man DeMarcus Cousins had another take and spoke for many of the league's younger players when venting his frustrations to the Sacramento Bee.

"Some of the young players I talked to, it's not about the money," Cousins said. "We just want to go out there and play ball. For me, it's knocking off time for me to be improving as a player. This whole situation is really not helping out us younger players."

Others stood by Hunter and Union president Derek Fisher.

"All players just have to be together through this process and stand strong for what we believe in as a whole," Houston guard Kevin Martin told YAHOO!. "If the majority feels like this is the best route then we as a group will now support the decision and move on and hope for the best. We just want everything fair."

Fisher had claimed the decision to dissolve the union was unanimous but that's simply not true. It doesn't matter which side you support in this mess to understand doing something this dramatic without a full vote from the membership looks cowardly and gives the perception that the NBPA was fighting for the 30 or so players Davis spoke of at the expense of the others.

A grassroots effort by the league's rank-and-file could be the answer and missing a check for $220,000 might be the catalyst to start it.

It's a long shot but in a time when unbridled greed threatens not only the NBA but our entire society, it's time to embrace any vice that offers hope, even if it's the very same one that started this mess.


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NBA players move other lawsuit to Minnesota

(My Sportsbook) - Six days after filing antitrust lawsuits against the NBA in two different states, players moved both cases to the same court.

A suit filed last week in the Northern District of California, which included Kevin Durant, Carmelo Anthony and Chauncey Billups among its plaintiffs, was discontinued without prejudice on Monday, according to court records.

Those players and several others were added to the lawsuit filed last week in a Minneapolis court, which included Caron Butler, Ben Gordon, Anthony Tolliver and would-be rookie Derrick Williams as plaintiffs.

Players are accusing the NBA and its teams of conducting an unlawful lockout and price-fixing arrangement.

They argue that they made concessions costing themselves more than $1 billion over a six-year period during negotiations with the NBA, while the league "essentially refused" to negotiate demands it threatened four years ago.

Players said the NBA never backed off warnings from 2007 that it would reduce players' share of basketball-related income, impose a more restrictive salary cap and remove or restrict certain system provisions that protect their rights.

"Throughout this time," the suit alleges, "while the NBA continued to make punitive demands upon the players, continued the lockout, and began canceling preseason and regular season games, the NBPA continued to make additional concessions in search of a reasonable way to reach a new CBA that would be fair to all parties."

The union broke up last week, opening the door for litigation against the NBA much like what happened in the earliest days of the NFL lockout.

The NBA's lockout is more than four months old -- the season was supposed to start November 1 -- and the prospects of a new collective bargaining agreement are looking bleaker with every passing day.


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Players file antitrust suits against NBA

(My Sportsbook) - One day after rejecting the latest offer from owners, NBA players filed antitrust lawsuits against the league in two courts Tuesday.

The suit filed in Minneapolis lists NBA players Caron Butler, Ben Gordon, Anthony Tolliver and would-be rookie Derrick Williams as plaintiffs.

It accuses the NBA of conspiring to limit the players' ability to "provide and/or market their services" through an unlawful lockout and price-fixing arrangement.

In the Northern District of California, another suit featured reigning NBA scoring champion Kevin Durant among its plaintiffs.

The players union began breaking up on Monday, opening the door for antitrust litigation against the NBA much like what happened in the earliest days of the NFL lockout.

The NBA's lockout is more than four months old -- the season was supposed to start November 1 -- and the prospects of a new collective bargaining agreement are looking bleaker with every passing day.

NBA players on Monday rejected a revised offer presented by the league last week, despite being warned in a memo by commissioner David Stern that future proposals would be more beneficial to owners.

Union chief Billy Hunter said players weren't prepared to accept ultimatums from the league and felt they had given enough.

Besides arguing that the league is engaged in an unlawful boycott and price- fixing, plaintiffs in the Minneapolis suit allege in their complaint, among other things, that the lockout eliminates competition in the free agent marketplace for players no longer under contract.

It also prevents rookie players from seeking their first contract and allows the NBA to conspire to refuse to negotiate with players and to honor the contracts they already have.

The NBA, in anticipation of an antitrust lawsuit, had already filed an unfair labor practice charge before the National Labor Relations Board saying that players were not bargaining in good faith.

A message posted on the players' union website reads: "Error 404: Basketball Not Found. Please be patient as we work on resolving this. We are sorry for the inconvenience." A similar message appeared on the NFL players' union website early in that league's lockout.


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Boies' strategy? Help Boies

Philadelphia, PA (My Sportsbook) - On a day where Major League Baseball is set to unveil a new labor deal, one secured with little acrimony, those holding out hope that David Stern and David Boies were going to sit down and hammer things out over Thanksgiving dinner are sorely mistaken.

A suit filed last week in the Northern District of California, which included Kevin Durant, Carmelo Anthony and Chauncey Billups among its plaintiffs, was discontinued without prejudice on Monday as those players and several others were added to the lawsuit filed last week in a Minneapolis court.

The move was simple strategy by Boies, the high-powered attorney who once represented Al Gore against George W. Bush in the 2000 U.S. presidential election and now is handling the NBA players' complaints. He was hoping to take advantage of a court that has been universally described as labor friendly.

The action was not lost on the owners and their legal team.

"We assume that [David] Boies was not happy with either the reassignment of the case from Oakland to San Francisco or the fact that the new judge scheduled the first conference for March 2012," NBA Executive Vice President and General Counsel Rick Buchanan said in a statement. "This is consistent with Mr. Boies' inappropriate shopping for a forum that he can only hope will be friendlier to his baseless legal claims."

Whatever horse you back in this race, it's hard not to be skeptical of anything Boies has done. The guy is the living embodiment of why most people in our country look down on the legal profession.

Q: What do you call 5000 dead lawyers at the bottom of the ocean?

A: A good start.

A brilliant litigator, Boies was part of the legal team representing the National Football League in their recent antitrust litigation against the players, Now he's representing the NBA players and joining forces with Jeffrey Kessler, the same guy who opposed him as a representative for the players in the 2011 NFL lockout.

Sure the cases are not quite mirror images but it's hard to sell the fact that Boies really believed the NFL owners were right when they locked out their players and now is convinced that the NBA players are being wronged.

To be blunt, Boies is a hired gun and at the end of the day he's going to do what's best for David Boies -- not necessarily a bad thing if he's on your side.

Q: How do you tell if it is really cold outside?

A: A lawyer has his hands in his own pockets.

In this case, however, I can see Boies trying to extend things. The former Time Magazine Lawyer of the Year is already on record saying that the end game here is still negotiation, not litigation, yet the next negotiating session between the owners and players has not been scheduled and likely won't be until a court orders it.

So what goes on when things are dark? Well the players are not getting paychecks. Neither are all the ancillary people on a game night -- arena workers, cops, parking attendants, bar owners and restaurateurs to name a few.

The lawyers, however, most assuredly are getting paid and paid well. ESPN has reported that the NBPA is withholding licensing fees from the players to pay for Boies and his firm to represent them, a fee that has been pegged at about $1,000 per hour.

Q: Santa Claus, the tooth fairy, an honest lawyer, and an old drunk were walking along when they simultaneously spotted a hundred-dollar bill laying in the street. Who gets it?

A:The old drunk, of course, the other three are fairytales.

So what's Boies' motivation to get this done and get it done quickly? Reputation? Loyalty to his clients?

Remember the union went the sham disclaimer of interest route without taking a full vote from the rank-and-file, many of who are feeling the brunt of missing one payday already.

Boies is well aware that a majority of NBA players would like to get back to work, yet he's refused to call Jeffrey Mishkin, the outside counsel for Stern and the owners.

"Some lawyers say to pick up the phone is a sign of weakness," Boies said when briefing reporters on Monday. "But if you're weak, you're weak, and if you're strong, you're strong. It doesn't make you weak or strong by your calling or not calling. On the other hand, until they're prepared to say something other than what they just put out in this statement, the question is, why are you calling?"

Evidently being a great lawyer involves mastering the argumentative skills of the average 12-year-old.

Over the next few weeks you can expect court-ordered mandated mediation to give both sides yet another chance to settle their differences -- differences that will magically disappear once Boies decides he's gotten all he can out of the players.

Q: How does an attorney sleep?

A: First he lies on one side and then on the other.


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Steve Aschburner: Quest for gold comes with a risk

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Spain's hoops team defends controversial photo

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Rockets point guard Alston is charged with DWI

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Mavs' Chandler declines Chinese team's offer

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Shaq, Barkley to headline 6-part NBA TV series

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Rubio takes the court in Bay Area charity game

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Wolves' Love will not play in Turkey for Besiktas

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Bobcats trade second-round pick to Okla. City

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Ex-NBAer Ceballos in hospital after heart attack

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Odom, Besiktas reach agreement, sources say

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Man arrested after bar dispute with Celts' Rondo

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Nets' Williams pours in 50 points in Besiktas' win

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Pistons re-sign F Herrmann

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Stevenson: NBPA's Hunter doing 'horrible job'

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76ers buy Dr. J items; want him back, as well

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Report: Nuggets' Smith injured playing in China

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LeBron, Wade, Melo, Paul to lead 4-game tour

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NBA owners, players have tentative agreement

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