That Photoshopped image (right) of Kevin Durant in a BBC Bayreuth uniform may turn out to be prophetic. But not soon.
Durant has said he was serious about looking overseas and now his agent has confirmed to Sam Amick at Sports Illustrated that they are in talks with that German club. But as we have often seen during this lockout, the European club tends to think things are father along and going better than anyone else does.
Amick spoke to Aaron Goodwin, Durant’s agent.
“We’re just discussing it,” Goodwin said. “We’re in discussions and it’s definitely a consideration, but we’re not in the final stages.”
An overseas report from spox.com quoted Bayreuth general manager Uli Eichbaum saying, “We’re in the final stages of a deal and I’m an optimist. It’s not looking bad.”
There also have been conversations with Israeli powerhouse Maccabi Tel Aviv as well as the Spanish club Valencia (which just signed Tiago Splitter of the Spurs). What is interesting is those two clubs are considered elite, while BBC Bayreuth is not (it did not qualify for EuroLeague and is currently 14th in a 20-team league).
Wherever he lands, Durant seems to seriously be considering making a move. Clay Bennett just felt a chill run down is spine.
When the NBA filed a preemptive lawsuit in New York back in August trying to take the teeth out of decertification of the players union, the union’s lawyers accused the league of “forum shopping.” Meaning the goal of the lawsuit was to choose the venue for future legal battles, not win the suit itself.
Now the venue is the battle. Antitrust lawsuits filed by players this week were in northern California and Minnesota. Where the case is heard could help determine the outcome.
The Sports Law Blog tries to explain this to us non-lawyers.
In both the 8th and 9th Circuits (where the players filed suits), courts have repeatedly held that the non-statutory labor exemption shields from antitrust scrutiny only activities that (1) involve mandatory subjects of bargaining, (2) primarily affect the parties involved, and (3) are reached through bona fide arms’ length bargaining. Based on this standard, the U.S. District Court for the District of Minnesota concluded in McNeil v. Nat’l Football League, 790 F. Supp. 871 (D. Minn. 1991) that the non-statutory labor exemption cannot apply after a union disclaims interest: presumably because after a disclaimer the second and third prongs of the non-statutory labor exemption cannot be met.
By contrast, the U.S. Court of Appeals for the Second Circuit (New York, where the league filed) in Clarett v. Nat’l Football League rejected the 8th & 9th Circuit definition of the non-statutory labor exemption in favor of a far broader non-statutory labor exemption. Thus, in the Second Circuit, the mere act of disclaiming union interest might not impose immediate liability on a sports league for maintaining terms originally implemented before such a disclaimer.
Yea, I start to get lost in there, too. But the idea is that the venue matters — the players filed where they did for a reason, as did the league in August. Whoever wins the coming venue battle will win the first skirmish of this war.
Or, you know, the two sides could sit down and negotiate a deal like adults. Just sayin’.
Most NBA players idolize Michael Jordan. They grew up watching him play, they wear his shoes, they practiced dunks sticking out their tongues — they want to be like Mike.
Jordan has been one of the hardline NBA owners who has driven us to the brink of no NBA season. Jordan is one of the guys that thought David Stern went too far with that 50/50 offer, Jordan is one of the guys who wants to break the union. That has led to Pacers swingman Danny Granger and rookie to be Klay Thompson calling Jordan a hypocrite, Stephon Marbury and Metta World Peace taking swings at Jordan, and the Wizards’ Nick Young tweeting he would never wear Jordan’s shoes again.
Dwyane Wade won’t go that far.
Wade is one of the big ambassadors — and gets big checks — from the Nike Jordan brand. And he told Ira Winderman of the Sun Sentinel he still loves those
checks Air Jordan shoes.
“I really didn’t need to get involved in all that,” Wade said. “Obviously I wear a different hat than certain other guys that got involved in it. And I stay away from it. I have an obligation and I have a job to do and I’m going to do my job….
“That’s on Nick Young,” Wade said. “That’s his moment. Obviously, that’s his own choice and decision and, you know, that’s something he’s going to have to deal with. I can’t let that affect me. I have my own things to run, my own stuff to think about what I’m doing with my own shoes.”
Translation: “I like to get paid.”
Not that there is anything wrong with that. Just own it.