Players consolidate lawsuits, but court ordered talks best hope

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If you were holding out hope that David Stern and Billy Hunter were going to be having pleasant phone conversations over the holiday weekend, and that the NBA on Christmas still could happen, well, we’re sorry.

The next NBA owners and players negotiations will likely be because a judge ordered them, a source close to the labor dispute told ProBasketballTalk.

Those talks — and maybe a settlement out of them — would happen in the coming weeks, in time to have a partial NBA season. And when those talks start there will be significant pressure on both sides to reach an agreement, more than there has been at any point up to now.

On Monday, the players voluntarily withdrew their case in Northern California and will amend their case in Minnesota. It is now a consolidated case of the two, but still a class action on behalf of the players, something attorneys for the players said would speed the process along. Carmelo Anthony remains the first name on the lawsuit, other players listed include Chauncey Billups, Kevin Durant, Steve Nash, Rajon Rondo and more.

The league responded to that with some legal jabs, because that’s what they do.

“We assume that (lead players attorney 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,” said Rick Buchanan, NBA Executive Vice President and General Counsel. “This is consistent with Mr. Boies’ inappropriate shopping for a forum that he can only hope will be friendlier to his baseless legal claims.”

The league was forum shopping with its preemptive lawsuit back in August, but whatever. The league has until Dec. 5 to answer the claim, they likely will do by calling the union’s “disclaimer of interest” a sham. Bottom line for fans, if it comes to the judge deciding this case you can kiss the current season goodbye. Fans need to hope for a different resolution.

Over the weekend, we had passed along a report that there had been some recent “back channel” negotiations going on between the league and the players association.

That talk is “nothing significant” PBT was told. That’s not going to help.

Instead the battle remains on the antitrust legal front. The players’ attorneys are pushing for summary judgment (not an injunction, as the NFL tried and failed to get). Still, summary judgment hearings would not happen until the spring (April or May), which means by then the 2011-12 NBA season would be lost.

Hope of a partial season springs from the fact in the next few weeks (likely after Dec. 5) we can expect the judge to order more mediated negotiations between the two sides, PBT was told. Mandated mediation is commonly part of anti-trust lawsuits, essentially a chance for the judge to make sure the two sides really want to go down this path. To give the sides one more chance to settle their differences without a judge involved. (It is possible one side picks up the phone and calls the other to ask for a negotiating session, but that is the less likely scenario. The owners have said they wouldn’t do that and players attorney Boies said he would not because the league is not receptive.)

A judge likely will order mediated negotiations by the middle of December if not before, according to the source. Talks would start soon after. This would be similar to the talks when federal mediator George Cohen sat down with the sides last month.

The one key difference would be the level of pressure on both sides to figure this out — the players do not want to lose a season of salary ($2.2 billion), the owners do not want to lose a season of revenue (at a much higher percentage for them than the last deal), plus neither side wants to damage the game by costing a full season. What is the point of fighting over how to divide up the revenue pie if the pie itself gets smaller?

In addition, the threat of summary judgment — which would certainly be a huge loss for whichever side did not convince the judge of its case — is another motivation for both sides to figure this out.

The challenge is that people from both the owners and players have suggested they will come into the next negotiations with the last offer they made off the table. Stern has threatened a “reset” offer of 47 percent of BRI for the players and a “flex cap” that is really a hard cap. The players have suggested in kind their last offer of a 50/50 BRI split with more system issues leaning in their favor is something the owners may never see again.

This is not where either side wanted to end up. Union officials have said that the disclaimer of interest was the route of last resort — they wanted to negotiate in good faith. That’s why they didn’t decertify in July or August, they thought this could be worked out. After David Stern’s last ultimatum they felt they had no choice. League officials will tell you they expected this — which is why they filed a preemptive suit back in August — and that the union had bad timing to do disclaim interest now. The league says it has given far more than many owners wanted just to make a deal.

For better or worse, the courts are involved now. For fans they can just hope that the upcoming mediation sessions will turn out different than the last ones.

Gordon Hayward says Isaiah Thomas “ultimately helped win me over”

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Gordon Hayward is now a member of the Boston Celtics, and we are all excited to see how the No. 1 team in the Eastern Conference last season checks out with a newly revamped roster.

Of course, Boston has been the subject of much media attention after signing Hayward and trading Isaiah Thomas and Jae Crowder to the Cleveland Cavaliers for Kyrie Irving. I think there should be some skepticism about how quickly Boston will be able to put things together, but this is a team of former and current All-Stars so they will likely be at least a Top 4 team out East.

Meanwhile, Hayward has written a new blog post on his personal website about the summer, taking on such subjects as the move to Massachusetts, video games, and what to expect this season.

One of the more interesting things that Hayward wrote about was just how much of an influence Thomas had in his decision to come to Boston. Hayward addresses Thomas’ influence in a section dedicated to him finding out about the trade to Cleveland.

Via GordonHayward20.life:

He didn’t just help recruit me to Boston—he was a big piece of that recruitment. He had talked a lot about city and how it was different to be a Celtic. He talked about the intensity of playing in the Eastern Conference Finals, playing at the Garden in the playoffs, and how much fun it was, and how much fun he had playing in Boston.

All of that ultimately helped win me over. And by the time of the trade, I had already started to build a little bit of a relationship with him.

The rest of Hayward’s post was about the subjects mentioned above, but it ended by saying that he understands the history of the organization and that he feels like he has not reached his full potential just yet.

Obviously, in signing him this season that’s exactly what the Celtics and Danny Ainge are hoping.

NBA implementing ‘Zaza Pachulia,’ ‘James Harden’ rules

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NEW YORK (AP) — NBA referees will be able to call flagrant or technical fouls on defenders who dangerously close on jump shooters without allowing them space to land, as Zaza Pachulia did on the play that injured Spurs star Kawhi Leonard in last season’s playoffs.

Officials will also make sure jump shooters are in their upward shooting motion when determining if a perimeter foul is worthy of free throws, which could cut down on James Harden‘s attempts after he swings his arms into contact.

Leonard sprained his ankle when Pachulia slid his foot under Leonard’s in Game 1 of Golden State’s victory in the Western Conference finals. After calling a foul, officials will now be able to look at replay to determine if the defender recklessly positioned his foot in an unnatural way, which could trigger an upgrade to a flagrant, or a technical if there was no contact but an apparent attempt to injure.

“It’s 100 percent for the safety of the players,” NBA senior vice president of replay and referee operations Joe Borgia said Thursday.

The NBA had made the freedom to land a point of emphasis for officials a few years ago, because of the risk of injuries. But the play got renewed attention during the playoffs because of Leonard’s injury, and also one in which Washington forward Markieff Morris landed on Al Horford‘s foot in Game 1 of their Eastern Conference semifinal, knocking him out of a game the Celtics rallied to win.

Officials can still rule the play a common foul if they did not see a dangerous or unnatural attempt by the defender upon review. Borgia said Pachulia’s foul would have been deemed a flagrant.

With the fouls on the perimeter shots – often coming when the offensive player has come off a screen and quickly attempts to launch a shot as his defender tries to catch up – officials will focus on the sequencing of the play. The player with the ball must already be in his shooting motion when contact is made, rather than gathering the ball to shoot such as on a drive to the basket.

“We saw it as a major trend in the NBA so we had to almost back up and say, `Well, wait a minute, this is going to be a trend, so let’s catch up to it,”‘ NBA president of league operations Byron Spruell said.

Report: Cavaliers signing Kendrick Perkins

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Kendrick Perkins spent fewer than four months with the Cavaliers, including the 2015 playoffs. But nearly a year later after Cleveland let Perkins walk in free agency, LeBron James was still bemoaning Perkins’ absence.

Are the Cavs righting a wrong?

Joe Vardon of Cleveland.com:

Kendrick Perkins joined the Cavaliers at LeBron James’ minicamp in Santa Barbara, Calif., and will come to training camp next week, sources told cleveland.com.

The Cavs now have 18 players with standard contracts, and 15 – the regular-season limit – have guaranteed salaries. I doubt Cleveland wants to waive the two without guaranteed salaries, Kay Felder and Edy Tavares, either.

In other words, Perkins is a longshot to stick into the regular season.

Perkins was washed up when with the Cavaliers two years ago. The 32-year-old who sat out last season hasn’t produced on the court in several years. He’s tough and well-liked in the locker room, which might give him a chance of sneaking onto the regular-season roster.

But the Cavs should focus on developing toughness and chemistry among their rotation players. Perkins is just a crutch, most likely one who’ll be yanked away by cut-down day a few weeks from now.

Report: Lakers sell jersey ad for $36M-$42M over three years

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The Lakers are a financial behemoth, though that’s tied to a local-TV deal signed when they were still good.

How do current conditions value their brand?

John Lombardo and Terry Lefton of SportsBusiness Daily

The Lakers have signed a jersey patch deal with S.F.-based e-commerce company Wish. The three-year agreement, according to a source, is between $12-14M annually

That’s the second-richest known jersey-ad deal – behind only the Warriors ($20 million annually) and ahead of the Cavaliers ($10 million annually).

It clearly pays to be Los Angeles, though don’t discount the role of the Lakers’ fantastic history and intriguing future.