Donald Sterling, Rochelle Sterling

How Shelly Sterling took control of the Clippers from Donald Sterling

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Donald Sterling won’t agree to sell the Clippers.

Does he need to for the sale to happen?

Shelly Sterling says no.

It’s not due to a letter Donald sent before rescinding its message. It’s because he was rule mentally incapacitated.

How did that happen?

Scott Cacciola of The New York Times:

Pierce O’Donnell, Mrs. Sterling’s lawyer, turned to a roomful of lawyers, investment bankers and financial advisers and said, “Time to go to Plan B,” according to advisers who were in the room.

It was a reference to a provision in the trust that controlled the Clippers that stipulated that if Mr. or Mrs. Sterling was found to have a cognitive impairment, the other had a fiduciary responsibility to become sole trustee.

That legal maneuver, so closely held that some of Mrs. Sterling’s advisers were unaware it existed, capped a hectic, weekslong effort to wrest control of the team from Mr. Sterling.

Mrs. Sterling has maintained that she was unaware of the provision until late in the process, according to her advisers. But on May 13, the day after she watched her husband give a rambling interview to Anderson Cooper of CNN, she called Mr. Sterling and urged him to undergo neurological testing, according to people with knowledge of the conversation. She told friends that she was motivated by concern for her husband.

Mr. Sterling agreed to an appointment for that Friday, May 16, at Cedars-Sinai Medical Center. 

Mr. O’Donnell, her lawyer, was well aware of the legal ramifications of the hospital visit, according to participants in the negotiations. Medical documentation of Mr. Sterling’s condition could allow Mrs. Sterling to take control of the trust. This was “Plan B.”

The doctors’ conclusions were clear, according to participants who have reviewed the records: A neurologist affiliated with U.C.L.A. Medical Center and another from the San Fernando Valley found Mr. Sterling to be affected by cognitive impairment.

From the perspective of her legal team, that documentation was the weapon they needed to strip the team from Mr. Sterling.

Mr. O’Donnell faxed papers, along with the doctors’ reports, to Mr. Sterling’s lawyer, Maxwell M. Blecher, that informed him that Mrs. Sterling was now the sole trustee, according to people briefed on the negotiations.

Mr. O’Donnell then called Richard Buchanan, the N.B.A.’s general counsel. Mr. Buchanan and other league officials had reviewed the doctors’ reports, according to people briefed on the negotiations.

If it really is that easy for Donald to lose control of the trust – Shelly didn’t even need to establish his mental condition in court first – his lawyers failed him when they wrote the trust agreement. They failed him again when they allowed him to make that May 16 appointment.

The only possible significant outcome was Donald losing his control of the trust. If he’d been found fully competent, nothing would have changed. If there were real concerns about his health, his lawyers should have ensured nobody but Donald could get access to his private medical records.

If you believe Shelly didn’t know what she was doing when she urged Donald to to the hospital… well, don’t be so gullible.

Either way, Shelly is getting half of the sale value. But by running the search herself, she did it on her terms. She negotiated a deal that gives her ties to the Clippers – tickets, parking and control of the team’s charitable foundation. Another perk for Shelly, as reported by Cacciola: three championship rings if the Clippers win an NBA title.

Of course, Donald’s lawyer says the medical tests were inconclusive. They can try to establish that in court.

But for now, even after NBA review, Shelly is in charge. All she had to do – whether or not she knew it (wink, wink) – was convince her husband she was concerned about his well-being. The doctors and lawyers took care of the rest.

NBA: Kenneth Faried got away with foul on decisive basket in Nuggets’ win over Bulls

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The Bulls’ biggest loss Friday was Jimmy Butler to injury. His absence certainly contributed to a loss to the Timberwolves the following night.

But Chicago also lost to the Nuggets on Friday, and perhaps that wouldn’t have happened if the game were called correctly down the stretch.

With Denver up two points and 21.1 seconds remaining, Kenneth Faried offensively rebounded a free throw and scored. The Bulls then intentionally fouled down the stretch, and Faried and Danilo Gallinari added a few free throws in the Nuggets’ 115-110 win.

One problem: Faried should’ve been called for offensively fouling Taj Gibson on the key putback, according to the NBA’s Last Two Minute Report:

Faried (DEN) extends his arm into Gibson (CHI) and dislodges him, affecting his ability to retrieve the rebound.

This was a huge swing. Instead of Taj Gibson – a 69% career free-throw shooter – going to the line for two attempts with Chicago down two points, Faried put the Nuggets up four. Even if Gibson split at the line, the Bulls would have been in significantly better shape.

As usual, we can’t know what would’ve happened if this call were made correctly. But it significantly set back Chicago.

NBA considering if jump-on-back foul should be flagrant foul

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The video above is an intentional foul — Chris Paul jumped on the back of Dwight Howard. The same thing has happened to Andre Drummond.

Is it a flagrant foul?

The Boston Celtics tweeted this out on Sunday.

The NBA was quick to let people know that this is just something under consideration — there has been no change in the rules. This may well be where the league is headed, but it’s not there yet.

The NBA defines a flagrant foul as “unnecessary contact committed by a player against an opponent.” To me, leaping on a player’s back like that qualifies. (A flagrant two foul is “unnecessary and excessive contact” and leads to an ejection; this is not that.)

Jared Dudley — one of the more vocal players on union issues — added a good point.

Consider this part of the coming changes on the intentional fouling rules period. But this one tweak could come much faster.

NBA: Foul on Cavaliers that sparked Celtics’ comeback called in error

Cleveland Cavaliers' J.R. Smith makes a move on Boston Celtics' Evan Turner (11) during the third quarter of a NBA basketball game in Boston Tuesday, Dec. 15, 2015. (AP Photo/Winslow Townson)
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The Cavaliers were in great shape against the Celtics on Friday, leading by four points with seven seconds left.

Then, it all went so wrong for Cleveland.

J.R. Smith was called for fouling Evan Turner on a made layup, cutting the margin to two points. Turner missed the free throw, but the ball went out of bounds off the Cavs. Then, Avery Bradley made a buzzer-beating 3-pointer to give Boston the win.

Rewind, though, and an incorrect call drove the sequence, according to the NBA.

Smith shouldn’t have been called for fouling Turner, per the Last Two Minute Report:

Smith (CLE) makes incidental contact with Turner’s (BOS) body as he attempts the layup.

If this were officiated correctly, the Cavs would’ve had the ball and a two-point lead with 5.9 seconds left. That’s not a lock to win – they’d still have to inbound the ball and make their free throws – but it’s close.

Cleveland is definitely entitled to feel the refs wronged them out of a victory.

Report: Kevin Durant has “done his due diligence on the Bay Area”

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Kevin Durant has not made up his mind about what he will do as a free agent this summer. Until his playoff run ends, whenever that may be for the Thunder, his focus will be on bringing a title to Oklahoma City.

But even he admits he can’t help but think about free agency a little.

The buzz around the league is Golden State is at the front of the line if Durant decides to leave OKC, and he has done some research, reports Marc Spears of Yahoo Sports.

The Warriors play in front of an intimidating Oracle Arena crowd and are expected to debut a new San Francisco arena in 2019. Durant has quietly done his due diligence on the Bay Area, too, sources told Yahoo Sports.

His people — specifically agent Rich Kleiman and personal manager Charlie Bell — would be stupid not to have done some research on not only Golden State but on every other team he might consider: Houston, Miami, Washington, both teams in Los Angeles, the Knicks, and on down the line. Golden State, playing with Stephen Curry, certainly would have its attractions.

I’m still in the camp that Durant signs a 1+1 deal to stay in Oklahoma City (meaning he can opt out after one more season, in 2017), and it’s all about the cash. While he could get 30 percent of a $90 million cap this summer (about $27 million a season to start), with one more year of service in 2017 Durant could get 35 percent of $108 million ($37.8 million to start). That’s a lot of cash. Plus he gets one more chance at a ring with Russell Westbrook and Serge Ibaka, who both are 2017 free agents.

But you can be sure whatever Durant decides, it will be well researched and thought out. And he’s not going to announce it in a live special on ESPN.