Thursday, August 28, 2014
Donald Sterling Misses Filing Deadline with California Supreme Court; Was Last Chance to Regain Ownership of LA Clippers
As Sports Illustrated's Michael McCann exclusively reported, Donald Sterling has inexplicably missed the filing deadline for seeking appellate review by the California Supreme Court. The high court represented Sterling's last opportunity to overturn the recently-completed sale of the Los Angeles Clippers to Steve Ballmer, which had been approved by a California probate court on August 12th. Mr. Sterling had requested an emergency stay of that ruling, but was turned down by the California Second District Court of Appeal on August 13th. The California Supreme Court represented Mr. Sterling's last hope of unwinding the court-approved sale. However, the filing deadline passed on August 25, 2014 with no action being taken by Donald Sterling. With that missed deadline, Donald Sterling's chances of regaining control of the Clippers have, in the words of Professor McCann, "fallen from almost 0 to essentially 0." Becker & Poliakoff sports law attorney, Daniel Wallach (also the editor of Koz on Gaming), was interviewed in Professor McCann's SI's article about this stunning "game-over" development and also offered his take on Donald Sterling's failed legal strategy and missed opportunity.
Thursday, August 21, 2014
Daniel Wallach Joins Other Sports Law Experts at Boston Bar Association for Roundtable Discussion of Donald Sterling controversy
On Friday, August 8, Becker & Poliakoff shareholder Daniel Wallach joined Sports Illustrated's Michael McCann, sports litigator Alan Milstein, sports law professor Warren Zola, and sports tax guru Robert Raiola in Boston for a spirited discussion of the Donald Sterling legal controversy. The panel discussion was well attended, and, by all accounts, quite successful. The event was co-sponsored by the Boston Bar Association and the American Bar Association, and was a featured event of the ABA Annual Meeting. You can watch the video of the full panel discussion here and here. The passcode for the latter link is 16344.
Wednesday, August 20, 2014
Daniel Wallach Interviewed on SportsNet Toronto About Settlement in Steve Moore-Todd Bertuzzi Civil Lawsuit
Becker & Poliakoff sports law attorney, Daniel Wallach, was interviewed on the "Brady and Walker" show (SportsNet Toronto) on August 20th to provide legal commentary on the tentative settlement of the Steve Moore-Todd Bertuzzi civil lawsuit. The case had been scheduled to go to trial on September 8, and was one of the most closely-watched sports law cases in recent memory. The trial would likely have featured explosive testimony about the NHL's "revenge culture" and the role that it played in Mr. Bertuzzi's premeditated attack on Mr. Moore, which effectively ended his playing career. Mr. Wallach predicted that the settlement amount was likely in the "$10-20 million range," given Bertuzzi's assault conviction and Moore's career-earning potential, not to mention the NHL's desire to avoid harmful testimony. A link to the interview is attached. Mr. Wallach's interview also caught the attention of Sports Law Blog, which posted the interview and called it "an outstanding listen." Click here to read the post.
Saturday, July 26, 2014
Becker & Poliakoff shareholder Daniel Wallach was a guest on Bloomberg Radio earlier this week to break down the latest legal proceedings involving Donald Sterling, as the fate of the NBA's Los Angeles Clippers hangs in the balance. Mr. Wallach spoke with June Grasso and Mark Mills on Bloomberg Radio's "Bloomberg Law" to discuss how the resolution of the California probate court proceeding between Mr. Sterling and his wife could impact the ownership situation of the Clippers and Mr. Sterling's ongoing legal battle against the NBA. The rebroadcast of the interview is available here. Bloomberg Law is a nationally-syndicated radio program which examines all aspects of the legal profession and invites prominent attorneys and legal scholars on the program to analyze major issues and cases in the news.
Friday, July 11, 2014
Daniel Wallach Invited to Serve as Panelist on Donald Sterling Sports Law Roundtable at Boston Bar Association on August 8
I am honored to be joining Michael McCann, the legal analyst for Sports Illustrated and SI.com, on a panel addressing the Donald Sterling saga, to be held at the Boston Bar Association on Friday, August 8, 2014, between 12:00 PM and 1:30 PM. Joining us on the panel will be Robert Raiola, Warren K. Zola and Alan Milstein. We will be discussing the latest developments in the Donald Sterling controversy and the legal, business and ethical issues relating to his pending ouster from the NBA. The efforts to remove Mr. Sterling from the NBA touch upon many different areas of law, including the right to privacy, constitutional law, antitrust law, contract law, tax law, probate law, rules of evidence, and the extent to which the courts will review the decisions of private associations like the NBA. Please join us for a wide-ranging discussion of Donald Sterling and the many issues that his saga poses for the law, business and ethics of sports. This event, which is free (that's right, free!) is co-sponsored by the Boston Bar Association and the American Bar Association's Tort Trial and Insurance Practice Section.
Becker & Poliakoff shareholder, Daniel Wallach, ventured away from his Koz on Gaming duties for a brief moment this week to contribute appellate law insights to a series of columns (here and here) penned by Sports Illustrated's legal analyst Michael McCann about the probate court proceedings between Donald Sterling and Shelly Sterling, with the fate of the NBA's Los Angeles Clippers hanging in the balance. Mr. Wallach, a board-certified appellate lawyer, was interviewed about the prospects for an appeal by Donald Sterling should he lose the probate court trial on the issue of whether he was properly removed as trustee to the Sterling Family Trust. Specifically, Mr. Wallach offered insight about whether Section 1310(b) of the California Probate Code would allow the sale of the Clippers to proceed even while Mr. Sterling appealed an adverse probate court ruling. As Dan told SI, it is not a foregone conclusion that the probate court would invoke Section 1310(b). While Section 1310(b) is an exception to the general rule that probate court orders are automatically stayed during an appeal, Mr. Wallach added that this exception is narrowly construed by California courts. To successful invoke the exception, Shelly would have to make an affirmative showing that "extraordinary circumstances" exist involving a risk of "imminent injury or loss." Dan questioned whether Shelly would be able to satisfy this high threshold in light of rising NBA franchise values and the prospect of an even higher sale price at a later date. Mr. McCann concluded the article with this quote by Dan: "No evidence has been adduced that the franchise would sell for less at a later date," suggesting that Shelly faces an uphill battle in persuading the court to permit the pending sale of the Clippers to close while Donald pursues his appellate remedies.
Wednesday, July 2, 2014
Daniel Wallach to Give Opening Remarks at ABA Annual Meeting Program on Sports Betting Legal Controversy; Will Introduce Panel Featuring Theodore Olson and SI's Michael McCann
Game-Changer: The States' Big Gamble on Legalized Sports Betting, will be presented on Sunday, August 10, 2014, at 10:30 am, at the Hynes Convention Center in Boston. Panelists include former U.S. Solicitor General Theodore B. Olson, Erin Murphy, Gabe Feldman, and West Virginia Solicitor General Elbert Lin. The program will be moderated by Michael McCann, the award-winning Legal Analyst and Writer for Sports Illustrated and SI.com. This CLE program, which was selected as one of the premier showcase events at this year's ABA Annual Meeting, is sponsored by the Appellate Advocacy Committee of the ABA's Tort Trial and Insurance Practice Section. Mr. Wallach, who conceived the program and prepared the written program materials, is Chair-Elect of the Appellate Advocacy Committee, and takes over as its Chair on August 10, 2014. The American Bar Association is one of the world's largest voluntary professional organizations, with nearly 400,000 members. The Tort Trial and Insurance Practice Section is one of the largest ABA entities, with over 26,000 members.