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  1. #21
    Join Date
    Mar 2007
    Location
    Virginia
    Quote Originally Posted by MCFinARL View Post
    If Prime lied to Zion as you suggest (it does seem likely), they violated 78C-98(a)(1). Zion isn't asking for money in his suit. If I'm Ford, I would seriously consider just letting him out of the contract and walking away because I would not want to risk having sworn testimony in a civil matter that could later be used as evidence against me in a criminal prosecution. Also, there's the whole paying attorneys' fees vs. paying $0 to consider.
    Not to mention making this into a big deal and losing (or maybe even winning) isn't going to look good for her or Prime Sports when trying to sign other players. From a PR stand point it might be best to let this go and revisit your business practices to make sure you don't end up in this situation again. You're going to be hard pressed to get a court to get a court (judge or jury) to award a large settlement for breach of a less than week old contract on which no services were rendered. I get that Zion signed the contract but to me it is kind of like a coach letting a recruit out of his LOI when he wants to go somewhere else. Sure, technically he signed a contract with your school but are you really going to come out ahead by forcing him to play for you or making him sit out a year? Sometimes retreat is the better part of valor.

  2. #22
    Join Date
    Feb 2007
    Location
    Steamboat Springs, CO
    Quote Originally Posted by yancem View Post
    Not to mention making this into a big deal and losing (or maybe even winning) isn't going to look good for her or Prime Sports when trying to sign other players. From a PR stand point it might be best to let this go and revisit your business practices to make sure you don't end up in this situation again. You're going to be hard pressed to get a court to get a court (judge or jury) to award a large settlement for breach of a less than week old contract on which no services were rendered. I get that Zion signed the contract but to me it is kind of like a coach letting a recruit out of his LOI when he wants to go somewhere else. Sure, technically he signed a contract with your school but are you really going to come out ahead by forcing him to play for you or making him sit out a year? Sometimes retreat is the better part of valor.
    Lessee... We have CAA, the world's largest entertainment and sports agency, going up against a "boutique firm." I expect that all the talk now is posturing for the settlement that Julio forecast on the Front Page of DBR. (A) It could be cash up front. (B) It could be a slice of the Zion business (a "carve-out," as it were). (C) It could be a slice of future cash flow. Or, (D), CAA could just acquire Prime Sports.

    I would be truly surprised if this goes to trial.
    Sage Grouse

    ---------------------------------------
    'When I got on the bus for my first road game at Duke, I saw that every player was carrying textbooks or laptops. I coached in the SEC for 25 years, and I had never seen that before, not even once.' - David Cutcliffe to Duke alumni in Washington, DC, June 2013

  3. #23
    Join Date
    Nov 2007
    Location
    Durham, NC
    Quote Originally Posted by sagegrouse View Post
    Lessee... We have CAA, the world's largest entertainment and sports agency, going up against a "boutique firm." I expect that all the talk now is posturing for the settlement that Julio forecast on the Front Page of DBR. (A) It could be cash up front. (B) It could be a slice of the Zion business (a "carve-out," as it were). (C) It could be a slice of future cash flow. Or, (D), CAA could just acquire Prime Sports.

    I would be truly surprised if this goes to trial.
    Really? It seems to me that Zion/CAA stands a pretty strong chance at trial...no way they give them an ongoing percentage. Maybe they settle, but only if they can settle for a reasonable cash amount. (D) seems least likely, as it would be more expensive than (A) with no apparent benefit.

  4. #24
    Join Date
    Jul 2008
    Location
    Honolulu
    Quote Originally Posted by sagegrouse View Post
    Lessee... We have CAA, the world's largest entertainment and sports agency, going up against a "boutique firm." I expect that all the talk now is posturing for the settlement that Julio forecast on the Front Page of DBR. (A) It could be cash up front. (B) It could be a slice of the Zion business (a "carve-out," as it were). (C) It could be a slice of future cash flow. Or, (D), CAA could just acquire Prime Sports.

    I would be truly surprised if this goes to trial.
    Setting aside settlement, which is almost always the most likely outcome in civil litigation, I would be shocked if this went to trial simply because I don't see how Prime/Ford would survive summary judgment. They might not even survive a motion for judgment on the pleadings.

  5. #25
    Join Date
    Feb 2007
    Location
    Deeetroit City
    Quote Originally Posted by JetpackJesus View Post
    Setting aside settlement, which is almost always the most likely outcome in civil litigation, I would be shocked if this went to trial simply because I don't see how Prime/Ford would survive summary judgment. They might not even survive a motion for judgment on the pleadings.
    Will they survive the first legal bill?

    Of course, the $100 mil demand smacks of contingent fee, which lowers this case down a level in Dante's inferno. CAA could surely cry "Havoc" and let slip the dogs of war. How many contracts has Prime presented for signature without the required prominent disclaimer? How many North Carolina athletes have they approached - hmm, a discovery request should handled that nicely: expense reports, business credit card statements, phone records. The first settlement conference should be a LOT of fun for CAA.

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