The Score: Morgan Lewis, the Red Sox, and More Baseball Machinations

09-07-2011

Tagged Under : Red Sox, Sox

The New York Times Company announced recently that it had sold more than half of its minority stake in the Boston Red Sox to three undisclosed buyers for a combined total of $117 million.

The media giant expects to record a pretax gain of about $64 million in the third quarter of this year as a result of the deal, according to its namesake paper. The Times paid $75 million in 2002 for what at the time was 17.75 percent ownership stake in Fenway Sports Group, which acquired the Red Sox that year in a $700 million deal.

Times general counsel Kenneth Richieri and assistant general counsel Alison Zoellner headed up an in-house legal team at the company also working on the partial Red Sox stake.

While the Red Sox hold a half-game lead over their archrivals, the New York Yankees, in the American League East, two other prominent Major League Baseball franchises are slipping in the standings while fighting legal battles in court.

One team that may not have to worry about bankruptcy court much longer: the New York Mets. The Am Law Litigation Daily reported this week that claims against the team and owners Fred Wilpon and Saul Katz–covered in this space before–by Bernard L. Madoff Investment Securities liquidating trustee Irving Picard of Baker & Hostetler could soon be shifted to federal district court.

U.S. district court judge Jed Rakoff is currently reviewing key elements of Picards suit to determine whether district court rather than bankruptcy court is the appropriate venue for the case, as the teams lawyers at Davis Polk & Wardwell have argued. A decision by Rakoff to move the case out of bankruptcy court would complicate Picards task, according to The Times.

Following up on The Times report, Crains Cleveland Business compared Picards potential defection from hometown Baker & Hostetler to LeBron James taking his talents to South Beach. But Picard passed up the Jersey Shore in favor of remaining at Baker & Hostetler, which has profited handsomely from Madoff-related work.

The Rocket Goes to Court

Why is former MLB star Roger Clemens on trial? Thats the question asked in an editorial appearing in The NLJ this week as the ex-pitchers federal perjury trial got underway, despite some observers criticism of what they say is the governments scant evidence against The Rocket.

Representing Clemens are Cooley litigation vice chair Michael Attanasio and Houston lawyer Rusty Hardin, who spoke to The American Lawyers Paul Braverman three years ago about his handling of his clients case. Hardins strategy came in for some criticism last August when federal prosecutors secured an indictment against Clemens for lying about his use of performance-enhancing drugs, only a few months after fellow ex-MLB star Mark McGwire admitted his use of steroids on the advice of counsel from Hunton & Williams.

The reports namesake, former Senate majority leader George Mitchell, Jr., returned to DLA as chairman emeritus last month. Mitchell himself could be called by Clemens to testify at trial, where a blackmail theory could figure prominently, as couldseveral other baseball stars. Fox Sports has a breakdown on some of the key players–both on the field and off–that will likely appear at trial.

The Collective Bargaining Circus Continues

Another week, more drama in the ongoing collective bargaining negotiations involving the National Football League and the National Basketball Association\, both of which have locked out their players.

Trying to determine to how either dispute will end–Dewey and Proskauer are advising players and management, respectively, in both–is an almost futile task, though that hasnt stopped plenty from trying.

In the NBA, which locked out its players last week, union officials are skeptical of the leagues position that its franchises are hemorrhaging cash. Team financial information has been leaked to several media outlets–such as The Times, Forbes, and Deadspin–leading both sides to engage in a war of words about whose valuations were the most appropriate.

One league star, New Jersey Nets point guard Deron Williams, has announced his intention to play in Turkey for $5 million next season if a lockout continues. That decision, which could set off a string of similar moves by players seeking overseas riches while the NBA game are on hold, has led some legal observers to wonder whether certain contracts stateside could be canceled should players injure themselves abroad.

As for the NFL, lawyers for owners and the decertified players union continue to negotiate against a self-imposed July 15 deadline for resolving the labor impasse. The leagues lockout is now in its fourth month and the upcoming season is clearly in jeopardy.

On Friday, the U.S. Court of Appeals for the Eighth Circuit tossed an April ruling lifting the lockout by a federal district judge in an antitrust suit filed by players, a decision that many observers predicted.

More unexpectedly, New York State Attorney General Eric Schneiderman, a former partner at a predecessor firm of K&L Gates, announced on Thursday that he is launching an investigation into the lockouts potential impact on the state.

A group of retired players seeking to intervene in the antitrust case against the NFL also filed a separate complaint this week against current players and owners, according to The New York Times. Hausfeld name partner Michael Hausfeld is representing the group of retired players.

Around the Horn

The Dodgers might be stuck in bankruptcy court, but one key figure from the divorce case that caused the franchises ownership to unravel, former law student and DodgerDivorce.com founder Joshua Fisher, is taking his game to Bryan Cave. Fisher, who gained a certain level of notoriety for his day-to-day coverage of the divorce case, will soon begin his legal career as an associate in Bryan Caves Kansas City, Mo., office.

On Wednesday, Canadian sports doctor Anthony Galea plead guilty to unlawfully bringing performance-enhancing drugs into the U.S., a plea that could have plenty of implications for pro athletes that once relied on Galea for treatment. Last year we looked at a Pittsburgh firm formed by two Dreier LLP refugees that was advising New York Yankees star Alex Rodriguez in the Galea matter, which is reportedly still under investigation by MLB.

Like fellow NBA star Chris Bosh, Gilbert Arenas apparently isnt a fan of reality TV show Basketball Wives. Arenas sued production company Shed Media and the mother of his four children, Laura Govan, in late June to prevent her from appearing on the program. Arenas claims the show will exploit his likeness without his permission, according to Courthouse News, which has a copy of the complaint. Gordon & Rees is representing Arenas in the suit. The firm filed a similar case in May against Shed Media on behalf of Bosh.

Golf Inc. named Troutman Sanders partner Michael Whitton and Foley & Lardner partner Van Tengberg two of its top 10 golf industry attorneys this week. So who was number one? That honor belongs to Randy Addison of Addison Law in Dallas. Texas Lawyer caught up with Addison about his practice this week.

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