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.

Team USA keeps top spot in FIBA men’s world rankings, Spain No. 2

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USA Basketball has kept its No. 1 spot in the FIBA world men’s rankings, even after a disappointing seventh-place showing in the World Cup that ended earlier this week.

It’s now nine-years-and-counting in the top spot for the U.S., which has held the No. 1 ranking since winning the 2010 world championship. World Cup champion Spain stayed No. 2, Australia leaped eight spots to No. 3, World Cup finalist Argentina rose one spot to No. 4 and World Cup bronze-medalist France fell two slots to No. 5.

FIBA’s rankings take results from the most recent eight years into account – which means the U.S. is still reaping point benefits from the 2012 and 2016 Olympic gold medals and the 2014 World Cup title.

“In this day and age, basketball in other countries is not a secret,” U.S. coach Gregg Popovich said after the Americans completed their run in the World Cup. “So it’s not like there’s an epiphany or a revelation to be made. There are wonderful teams and wonderful coaches all over the world. You go compete and the best teams win.”

It’s now expected that the U.S. will retain the No. 1 ranking going into the 2020 Tokyo Olympics. Several top NBA players, including Stephen Curry, Draymond Green and Damian Lillard have said in recent days that they intend to play for the U.S. in Tokyo, where the Americans will try to win a fourth consecutive gold medal.

Most top U.S. players declined to be part of the World Cup team.

“I’m expecting them to be so strong next year,” Spain coach Sergio Scariolo said.

OLYMPIC UPDATE

The new rankings confirmed that European champion Slovenia, which didn’t earn a spot in the World Cup field after many of its top players couldn’t take part in qualifying since those games conflicted with the NBA and Euroleague schedules, will still have a chance to compete in the Olympics – as will seven other teams that found out they’re headed to playoffs next year.

Angola, Senegal, Mexico, Uruguay, China, Korea and Croatia also still have Olympic hopes. Those last eight playoff spots awarded Thursday went to the top two teams from Africa, Europe, Asia-Oceania and the Americas regions who hadn’t either already clinched Olympic berths or spots in the last-chance playoffs.

Japan is automatically qualified for the 12-team Olympic tournament as the host country. The U.S., Argentina, Nigeria, Spain, France, Iran and Australia clinched Olympic spots at the World Cup by finishing as the best teams in their respective FIBA regions – the Americas, Africa, Europe, Asia and Oceania.

That leaves four unclaimed Olympic berths, and 24 teams to compete for them in playoffs next year. There will be four six-team tournaments held from June 23-28, 2020 – winner-take-all, all in this case meaning an Olympic berth. Bidding for sites is expected to begin shortly, FIBA said.

The other 16 playoff spots were awarded based on World Cup placing. They went to Serbia, Lithuania, Greece, Russia, Brazil, Italy, Puerto Rico, Turkey, the Dominican Republic, Venezuela, Germany, Canada, the Czech Republic, Poland, New Zealand and Tunisia.

MOVING UP

Belize was the top mover in the new rankings, climbing 50 spots to No. 118. Kosovo rose 21 spots to No. 69, Togo went up 21 spots to No. 136, Tunisia climbed 18 spots to No. 33 and Ivory Coast went up 16 spots to No. 48.

STILL SWEEPING

FIBA has four sets of rankings – for men, women, boys and girls. The U.S. holds the No. 1 spot in all four of those rankings, though the race is tightest among the men.

The U.S. men hold a lead of 54.9 points over Spain in those rankings, while the rankings margins held by the U.S. women (310 points over No. 2 Spain), boys (291 points over No. 2 Canada) and girls (155 points over No. 2 Spain) are far more comfortable.

Report: NBA won’t allow Rockets to use Nene’s contract as $10M trade chip

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Update: Shams Charania of The Athletic:

This is a huge blow to Houston. The Rockets are now stuck with an over-the-hill center they can’t trade for value and can’t play much without triggering bonuses that’ll make him way overpaid.

If they had known how this would turn out, they would’ve signed Nene to a one-year minimum contract at most. At least that’d be partially subsidized by the league. Because this is is a two-year deal, Houston is on the hook for the full base salary.

 

 

The Rockets got a valuable trade chip with Nene’s contract.

At least if the deal goes through.

Bobby Marks of ESPN:

Although Nene signed with the Houston Rockets on Sept. 6, the NBA has yet to officially approve the deal. The 10-day delay is a result of the NBA discussing internally whether it should disapprove details in the contract, according to multiple sources.

Nene’s contract includes a low base salary with a massive amount of likely incentives. Houston could count Nene’s full $10 million salary (base plus likely incentives) in a trade. The acquiring team would then owe Nene his base salary plus only the bonuses he actually triggers.

It’s a workaround to the typical salary-matching rules.

The bonuses are tied to individual games played and team games won. Because Nene played 42 games for the 53-win Rockets last season, the bonuses are qualified as likely. Last year’s performance is the default way to determine whether incentives are likely or unlikely.

You can read more about the contract’s structure here.

The NBA’s apprehension is interesting. The Collective Bargaining Agreement specifies a procedure for challenging incentive classification when the league or union believes the prior season is not a fair predictor. Essentially, that side makes a case to an arbiter that the default assumption is “very likely” to be wrong.

However, in a funny quirk here, that challenge system lays out only how the NBA can challenge to turn unlikely incentives into likely incentives and how the union can challenge to turn likely incentives into unlikely incentives. There’s nothing about the NBA turning likely incentives into unlikely incentives, which the league is apparently considering here (and would make Nene’s contract invalid, as there’s a limit on unlikely incentives).

The CBA also prohibits circumventing the spirit of the rules. The league could rule Houston did that here. However, that’s a tough case considering not only does Nene’s contract meet all stated technicalities, there’s a section specifically on challenging these types of details. It just doesn’t apply.

The Heat opened the door for likely/unlikely-incentive shenanigans a couple years ago. We didn’t hear then about the NBA challenging those contracts, and that’s where the official challenge system would’ve applied.

It seems unfair to punish the Rockets’ creativity now.

Doc Rivers: I told Steve Ballmer, if Kawhi Leonard signed with Lakers, Clippers moving to Seattle

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We know what happened: The Clippers traded for Paul George, signed Kawhi Leonard and became championship favorite.

But at one point, Clippers coach Doc Rivers thought the George trade with the Thunder would fall through and Leonard could sign with the Lakers.

Rivers, via Arash Markazi of the Los Angeles Times:

“The day of the trade at 12 noon the deal was off,” Rivers said. “I was at home in Malibu and Lawrence called me and told me, ‘It looks like he’s either going to Toronto or the Lakers.’ The Lakers part just threw me over. I told him that can’t happen. … I remember I kept telling him, ‘We cannot allow that to happen!’

“I actually told Steve jokingly that if that happens, we’re moving the team to Seattle. It was a joke, but I was actually serious about it. I really believed that.”

Kawhi Leonard cost us the SuperSonics returning!

I don’t know how serious Rivers really was. Leonard joining LeBron James and Anthony Davis on their cross-arena rival would’ve been disastrous for the Clippers.

I’m convinced Ballmer will keep the franchise in Los Angeles. Ballmer’s ties to Seattle through Microsoft are well-established, and he previously tried to buy the Kings to move them to Seattle. But I can’t see him moving the Clippers from such a prime market, especially after going so far to get a new arena built in L.A. At every turn, he has maintained he’ll keep the team in Los Angeles.

Then again, Ballmer also phrased that guarantee as, “I will die owning the L.A. Clippers.” Now, he’s open to changing the nickname. Hmmm…

To be clearer than Rivers: That’s a joke I’m not actually serious about don’t really believe.

Stephen Curry responds to Kevin Durant: We all want to iso, but I’d rather win titles

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After the Warriors lost to the Jazz in December, Steve Kerr said his team didn’t move the ball enough. Kevin Durant said Golden State passed too much.

That public disagreement sure looks more significant now. Not only did Durant leave for the Warriors, he cited offensive style as a reason.

Durant, via J.R. Moehringer of the Wall Street Journal:

“The motion offense we run in Golden State, it only works to a certain point,” he says. “We can totally rely on only our system for maybe the first two rounds. Then the next two rounds we’re going to have to mix in individual play. We’ve got to throw teams off, because they’re smarter in that round of playoffs. So now I had to dive into my bag, deep, to create stuff on my own, off the dribble, isos, pick-and-rolls, more so than let the offense create my points for me.” He wanted to go someplace where he’d be free to hone that sort of improvisational game throughout the regular season.

Stephen Curry clearly viewed things differently.

Curry, via ESPN:

“Well, I don’t really care what plays we ran,” Curry said. “We won two championships. And at the end of the day, we had a lotta talent and there was an expectation of us figuring out how to balance all that. And we talked a lot about it throughout the three-year run. It wasn’t always perfect, but I think in terms of, you know, the results and what we were able to do on the floor, that kinda speaks for itself. We all wanna play iso-ball at the end of the day in some way, shape or form. But I’d rather have some championships, too.”

There’s truth to what Durant said. Defenses tighten deep in the playoffs, both because good defensive teams are more likely to advance and scouting committed to a single opponent tends to favor the defense. At that level, elite isolation scorers like Durant are particularly valuable. They can render schemes moot.

The Warriors learned that the hard way in the 2016 NBA Finals. They lost to the Cavaliers, who turned up their defense that postseason. Golden State scored fewer points per possession in its series against Cleveland than the Pistons did in the first round against the Cavs.

Adding Durant made the Warriors’ offense nearly unstoppable in every round. They leaned on their movement-heavy system when possible then turned to Durant isolations in moments of need.

Assessing playoff output is tricky because of varying opponents. But in three years with Durant, Golden State faced nine teams that played multiple postseason series. Eight of those teams had their worst defensive series against the Warriors, each by at least 2.6 points per 100 possessions. Only the 2019 Trail Blazers fared worse defensively against another team. They allowed just 0.2 more points per 100 possessions against the Nuggets than against Golden State.

Of course, Durant missed last season’s Western Conference finals against Portland. His absence was a big reason the Warriors’ didn’t meet their usual offensive standards.

Still, Golden State’s base offense was elite. Infallible? No. But it won multiple big playoff series before Durant arrived. He just took the Warriors to an even higher level.

Though he sometimes chafed at how the Warriors played, Durant also did his part to fit with them. He played his part in running Kerr’s preferred style.

It just seems Durant no longer wanted that safety-valve role. He holds immense respect for individual scoring as a skill. He’ll have a better chance to spread his wings in Brooklyn.

Durant will have a harder time winning a title without the incredible supporting cast he left behind. Curry might have wanted to point that out.

But everyone did their part in Golden State the last few years. That’s why they won those championships.