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  1. #41
    During the time Zion was enrolled at Duke, I tend to think K and staff were not permitted to speak with agents, etc. After Zion left, he was fair game to consult with whomever. Bad advice and bad decisions are why Bilas has a daytime job !

  2. #42
    Join Date
    Feb 2007
    Location
    Steamboat Springs, CO
    Quote Originally Posted by Pghdukie View Post
    During the time Zion was enrolled at Duke, I tend to think K and staff were not permitted to speak with agents, etc. After Zion left, he was fair game to consult with whomever. Bad advice and bad decisions are why Bilas has a daytime job !
    True, that. Here is the June article, laid out in great detail by the Sports Illustrated legal analyst Michael McCann. Zion was 18 YP and legally an adult, and he signed a bunch of stuff. Now Gina Ford and CAA are "duking" it out in courts, with Ms. Ford trying to get the case tried in her home state of FL.
    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. #43
    Quote Originally Posted by sagegrouse View Post
    True, that. Here is the June article, laid out in great detail by the Sports Illustrated legal analyst Michael McCann. Zion was 18 YP and legally an adult, and he signed a bunch of stuff. Now Gina Ford and CAA are "duking" it out in courts, with Ms. Ford trying to get the case tried in her home state of FL.
    They (CAA, Zion and family) need to figure out how to quietly settle and move on. They’re hoping to get out of it on a technicality that won’t happen. I don’t feel sorry for CAA but they got screwed too. I guarantee they weren’t disclosed the information Zion signed previously. I’m concerned that they will keep trying to suggest / prove Zion was an underaged amateur and to try and get more leverage under the SC state law. Which to convince any legal authority as such, they would have to document funds received, or have signed documentation of such prior to declaring and more than likely before his 18th birthday or during the Duke basketball season. More than likely the family had been talking with Ford for a while. I’m guessing one parent was pushing for it but not in agreement with the other; or all agreed but when CAA came along with a better package they signed thinking some state law loophole would nullify Fords agreement. It would be interesting to see what the out clause was. But pleading the ‘i didn’t know or I was taken advantage’ approach isn’t going to work. The way this all went down is and should be absolutely shocking considering he was the presumed and proven to be #1 draft pick. Ford has all the leverage. After taxes, management fees to Ford, CAA representation fees, lawyer fees, There might be 40% to 30% leftover for income. Sheesh.

  4. #44
    Join Date
    Feb 2007
    Location
    Steamboat Springs, CO
    Quote Originally Posted by AZLA View Post
    They (CAA, Zion and family) need to figure out how to quietly settle and move on. Theyíre hoping to get out of it on a technicality that wonít happen. I donít feel sorry for CAA but they got screwed too. I guarantee they werenít disclosed the information Zion signed previously. Iím concerned that they will keep trying to suggest / prove Zion was an underaged amateur and to try and get more leverage under the SC state law. Which to convince any legal authority as such, they would have to document funds received, or have signed documentation of such prior to declaring and more than likely before his 18th birthday or during the Duke basketball season. More than likely the family had been talking with Ford for a while. Iím guessing one parent was pushing for it but not in agreement with the other; or all agreed but when CAA came along with a better package they signed thinking some state law loophole would nullify Fords agreement. It would be interesting to see what the out clause was. But pleading the Ďi didnít know or I was taken advantageí approach isnít going to work. The way this all went down is and should be absolutely shocking considering he was the presumed and proven to be #1 draft pick. Ford has all the leverage. After taxes, management fees to Ford, CAA representation fees, lawyer fees, There might be 40% to 30% leftover for income. Sheesh.
    I believe NC law may apply because of where the signing took place.
    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

  5. #45
    Join Date
    Feb 2007
    Location
    Deeetroit City
    Quote Originally Posted by AZLA View Post
    They (CAA, Zion and family) need to figure out how to quietly settle and move on. Theyíre hoping to get out of it on a technicality that wonít happen. I donít feel sorry for CAA but they got screwed too. I guarantee they werenít disclosed the information Zion signed previously. Iím concerned that they will keep trying to suggest / prove Zion was an underaged amateur and to try and get more leverage under the SC state law. Which to convince any legal authority as such, they would have to document funds received, or have signed documentation of such prior to declaring and more than likely before his 18th birthday or during the Duke basketball season. More than likely the family had been talking with Ford for a while. Iím guessing one parent was pushing for it but not in agreement with the other; or all agreed but when CAA came along with a better package they signed thinking some state law loophole would nullify Fords agreement. It would be interesting to see what the out clause was. But pleading the Ďi didnít know or I was taken advantageí approach isnít going to work. The way this all went down is and should be absolutely shocking considering he was the presumed and proven to be #1 draft pick. Ford has all the leverage. After taxes, management fees to Ford, CAA representation fees, lawyer fees, There might be 40% to 30% leftover for income. Sheesh.
    Quote Originally Posted by sagegrouse View Post
    I believe NC law may apply because of where the signing took place.
    And Ford wasn't licensed in NC. Bye bye leverage. That is why the motion to dismiss is important and viable.

  6. #46
    Join Date
    Oct 2009
    Location
    Durham
    Quote Originally Posted by Pghdukie View Post
    During the time Zion was enrolled at Duke, I tend to think K and staff were not permitted to speak with agents, etc. After Zion left, he was fair game to consult with whomever. Bad advice and bad decisions are why Bilas has a daytime job !
    i can't imagine he's practicing, is he?
    basketball is back, baby!

  7. #47
    Join Date
    Feb 2007
    Location
    Steamboat Springs, CO
    Quote Originally Posted by uh_no View Post
    i can't imagine he's practicing, is he?
    Here is Wikipedia article selection:

    Legal career

    Bilas received his J.D. degree from Duke University School of Law in 1992. He is currently Of Counsel to the Charlotte office of Moore & Van Allen, where he maintains a litigation practice.

    Bilas most notably worked on the case Lyons Partnership v. Morris Costumes, Inc., where he successfully defended the costume business against trademark and copyright claims brought by owners of the popular children's television character Barney the Dinosaur.
    Still listed on firm web site as "Of Counsel" at Moore & Van Allen in Charlotte.
    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

  8. #48
    Quote Originally Posted by BD80 View Post
    And Ford wasn't licensed in NC. Bye bye leverage. That is why the motion to dismiss is important and viable.
    I really hope that’s the case, but don’t forget that Zion and Ford did not enter into a licensed-agent-NCAA or NBA agreement, so she doesn’t need to meet that standard in reference to state law on repping amateur athletes. Her business model and contract isn’t player-agent representation. The contract is for marketing and producing sponsorship projects. So while CAA serves as his legally licensed agency — that doesn’t preclude or absolve him from entering into other contracts to set up deals outside of licensed agency representation, such as public relations, or business management, etc. Happens all the time in Hollywood. The state regulations really only apply to amateur and/or professional sports representation much like your insurance agent must be licensed in your state to provide you insurance. In this case, it’s a contract for marketing services — and unless there can be proven fraud or malfeasance — his out clause in the contract, whatever that may be, will be what most likely dictates how this knot gets untied. Also, Zion could have signed that contract in NC, but so what? He never was a ‘legal’ resident of NC — he only lived there for probably 10 months. You have to have a minimum of a driver’s license and registration, an established address (typically rented or owned with proof of utilities), plus proving to a state school official you’re not supported by parents or other means and that you’ve paid some form of state taxes (typically holding some form of job) — usually for a year or longer. Plus I thought those regs were for minors, which of course, he was a grown adult albeit only 18. If Zion’s people cannot prove Ford operated in bad faith, look out. Based on her previous clientele I’m sure she has a sound and proven contract in place. Otherwise, this would have been thrown out by now. Odds are there will be a settlement before a dismissal.

  9. #49
    Join Date
    Feb 2007
    Location
    Deeetroit City
    Quote Originally Posted by AZLA View Post
    I really hope thatís the case, but donít forget that Zion and Ford did not enter into a licensed-agent-NCAA or NBA agreement, so she doesnít need to meet that standard in reference to state law on repping amateur athletes. Her business model and contract isnít player-agent representation. The contract is for marketing and producing sponsorship projects. So while CAA serves as his legally licensed agency ó that doesnít preclude or absolve him from entering into other contracts to set up deals outside of licensed agency representation, such as public relations, or business management, etc. Happens all the time in Hollywood. The state regulations really only apply to amateur and/or professional sports representation much like your insurance agent must be licensed in your state to provide you insurance. In this case, itís a contract for marketing services ó and unless there can be proven fraud or malfeasance ó his out clause in the contract, whatever that may be, will be what most likely dictates how this knot gets untied. Also, Zion could have signed that contract in NC, but so what? He never was a Ďlegalí resident of NC ó he only lived there for probably 10 months. You have to have a minimum of a driverís license and registration, an established address (typically rented or owned with proof of utilities), plus proving to a state school official youíre not supported by parents or other means and that youíve paid some form of state taxes (typically holding some form of job) ó usually for a year or longer. Plus I thought those regs were for minors, which of course, he was a grown adult albeit only 18. If Zionís people cannot prove Ford operated in bad faith, look out. Based on her previous clientele Iím sure she has a sound and proven contract in place. Otherwise, this would have been thrown out by now. Odds are there will be a settlement before a dismissal.
    Thank you for a more detailed analysis. I obviously haven't read enough of the background to reach informed opinions.

    I gather the choice of forum in the contract specifies Florida? As you note, place of signing won't be so strong with such tenuous contacts to NC.

    Was the contract signed while he was a student? Is it "legal" per NCAA rules for a scholarship athlete to sign such a contract, or would it affect his eligibility? What consideration was given?

    This could get juicy!

  10. #50
    Quote Originally Posted by sagegrouse View Post
    I believe NC law may apply because of where the signing took place.
    Unless the contract specified Florida law, which is certainly might have.

  11. #51
    Quote Originally Posted by BD80 View Post
    Thank you for a more detailed analysis. I obviously haven't read enough of the background to reach informed opinions.

    I gather the choice of forum in the contract specifies Florida? As you note, place of signing won't be so strong with such tenuous contacts to NC.

    Was the contract signed while he was a student? Is it "legal" per NCAA rules for a scholarship athlete to sign such a contract, or would it affect his eligibility? What consideration was given?

    This could get juicy!
    You make salient points ó but thereís the rub ó what IF Zion signed while still a student athlete ó then that would have put his amateur status in jeopardy and Duke in jeopardy too for that season, especially if he or family took some form of compensation. Good news is that this weird contract was entered into agreement after the season was over but before the draft and actually, I think before he actually officially declared (I could be wrong). Point is that this contract with Ford wasnít made public until after he signed with CAA, and then lawsuits ensued. Whatís concerning is how quickly after the season the contract with Ford was supposedly signed. And I seriously doubt the family had just met her. Most likely she had been courting them for a enough time prior to gain their trust. Hopefully nothing was exchanged. This situation is just so incredibly odd for such a high profile person / #1 pick. When there is that much $ involved ó people get shifty ó accusations fly ó etc. Anyhow, hopefully itís much ado about a nothing...

  12. #52
    Join Date
    Jul 2008
    Location
    Honolulu

    Called it.

    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.
    *Narrator Voice* They didn't.

    Per ESPN, the NC judge ruled that the marketing contract is void:

    In Wednesday's ruling, U.S. District Court Judge Loretta C. Biggs voided Williamson's marketing agreement with Gina Ford and Prime Sports Marketing because it didn't meet the requirements of North Carolina's Uniform Athlete Agents Act.

    Specifically, Biggs ruled that Williamson was a student-athlete at Duke at the time he signed the marketing agreement with Ford's company; he had not been declared permanently ineligible by the NCAA; Ford was not a certified agent in North Carolina; the agreement did not include the required warnings under the law; and Williamson and his family communicated to Ford that they were terminating and voiding the contract.

  13. #53
    It's over. Done. I had concerns, but again, much ado. Lessons learned. More importantly, Zion controls his destiny which is ultimately how it should be. Now we get to watch him soar even more. Congratulations!

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