Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Right now.
Speaker 2 (00:00):
We do this every Tuesday, we talk sports and the
law with our sports legal expert, attorney Stewart W.
Speaker 1 (00:06):
Penrose from the Manila Law Groups. Stuart, how are we doing?
Speaker 3 (00:10):
Lo, I'm sitting about three minutes away from the EDGs
that you talked about with that issue, fortunately in an
office with power and without down trees on top of
our buildings. So I'm hoping that I go home in
a couple of hours to the exact same scenario. I
hope you and all your listeners do as well. Stay
safe out there, everybody.
Speaker 1 (00:29):
Yeah, I mean it was.
Speaker 2 (00:30):
It's still not pleasant outside right now by any stretch
of the imagination. Can I can I start by talking
about my favorite story involving the law and courts and lawsuits.
Speaker 3 (00:45):
Go ahead, BUCkies, BUCkies, I'm disappointed in Bukis. I love Bucky's.
But yes, I know where we're going with this.
Speaker 2 (00:55):
I will admit that I'm not like I'm not like
the world's biggest BUCkies fan, because when I when I
just want to get some gas and go to the
bathroom and get a coke, I don't I don't want
to go into a mini mark.
Speaker 1 (01:06):
But that's okay.
Speaker 2 (01:07):
So but BUCkies issuing this Mini mart In Beaver Creek
because this Mini mart In Beaver Creek I guess has
a beaver logo as well on instare so BUCkies is
you know they're they're pursuing litigation, I guess. And this
reminds me of a story that unfolded about a year
and a half ago involving the University of Cincinnati and
a middle school in Tennessee.
Speaker 1 (01:27):
Are the two stories similar?
Speaker 3 (01:30):
Yes, they are. The U c one was a little
bit more blatant because the school was, you know, using
UC logos. You know, they call themselves the Bearcats, which
is one thing, but they're using the trademark you see logos,
and it's pretty cut and dry, you know. You see.
It gave them a cease and desist, and from what
I understand, they changed their name, rebranded their name and
(01:52):
their logos. I mean, we've all seen, you know, youth
teams and different high schools and different types of schools
you know have pro you know, pro and college team
name and logos, but those are typically part of a
licensing agreement. You see. They didn't have that. Here's a
Bucky situation. Oh you've seen the logo haven't you. I have, Yes,
(02:12):
I don't think it's very similar to the Buckies'.
Speaker 1 (02:14):
Logo, not in the least. No, not in the least.
They don't have to be an idiot to confuse the two.
Speaker 3 (02:20):
No, I don't see where BUCkies is going with this one.
And you know they're called the Beaver mart or whatever
they're called. They're in Beaver Creek. Yes, you know, of
course they're called that. I love Buggies. It's a great
place to you know, actually kill an hour and a half.
But it doesn't do stuff. But you know, they're really
letting people down here. This is not good for their image.
Speaker 1 (02:40):
No, it's not thinking, No, it's not.
Speaker 2 (02:43):
I'm I'm going to take my business elsewhere the next
time I'm driving to Tennessee and I need to fill
my gas tank.
Speaker 1 (02:48):
Let's let's talk about something.
Speaker 2 (02:52):
Let's talk about something that is a little bit more
closely related to sports. So we've talked about the Protect
College Sports Act. So the Senate couldn't get it done,
failed to reach a vote during an all night pre
recess session, and the Senate ended this weekend. So now
they've got a punt to next month.
Speaker 3 (03:10):
Uh.
Speaker 2 (03:10):
I know, we've talked a lot about this piece of legislation.
What's next for it?
Speaker 3 (03:15):
Well, it goes to December or if you're not December, September,
so it's not dead. But you know, the big horror hurdle,
like anything else in Congress, is you know, getting enough
bipartisanship with you know, agreement of the details. You know,
the athlete compensation transfer restrictions in I L, you know,
what have you. You know, it's got to get enough
votes to pass the Senate, and it's got to go
(03:36):
through the House, and you know it could come out
of the House with a different version. Who knows. I mean,
we we all know that Congress they'd host a still
abuster on you know, picking a pizza, pizza toppings. They
don't agree on anything. So you know, hopefully something can
get done here. College sports desperately desperately needs it, and
everybody agrees that there's a problem, but good luck on
(03:59):
agreeing on the solution.
Speaker 1 (04:00):
Yeah.
Speaker 2 (04:00):
So I guess if this fails, we go down the
road of more of the higher likelihood of conference self governance.
Speaker 1 (04:08):
Would you agree.
Speaker 3 (04:10):
Absolutely? I mean, for the time being, we would continue
the Wild West. But you know, the conferences, Yeah, they
would have increased and looked to govern themselves, you know,
on revenue sharing, eligibility, compensation. But the problem with that
is you can get a big competitive balance problem where
you're you know, you're potentially running different versions of college athletics.
I'll under the NCAA umbrella. You know, it makes me think.
(04:32):
You know, when do the big ten in the SEC say, well, screwed,
We're just going to break off and do our own thing.
You know, does this lead to the Super Conference? You know?
Very possible.
Speaker 2 (04:44):
Attorney Stewart W. Penrose from the Manilo Law Group is
with us. We talk sports and the law every Tuesday.
This is a story that you and I have not
touched on, but is interesting. Nonetheless, So the NBA is
looking into allegations that the Los Angeles Clippers U used
some of their corporate sponsors to funnel money to Kawhi Leonard,
which would basically circumvent the league salary cap, and so
(05:08):
a law firm is being retained to investigate the Clippers.
A trade between LA and the Toronto Raptors is on
hold until this investigation concludes. Walk me through here what
the burden of proof would have to be for the
NBA to enact punishments against the Clippers and by extension
Kawhi Leonard.
Speaker 3 (05:27):
Well, most not a criminal prosecution. They don't have to
you know, prove the case, you know, beyond a reasonable
doubt or anything like that. You know, the NBA simply
is enforcing their CVA and their league rules. You know
the you know the teams and NBA personnel. You know
they by being part of the NBA, they have to
sign up to be subject to all that. And you know,
the league and the commissioner they've got very substantial investigative
(05:50):
authority and disciplinary authority under the CVA. They can consider
circumstantial evidence emails, texts, financial records, agreements, different communications. Uh,
they don't have to go through subpoenas and search for warrants.
You know, if you if you're part of the NBA, UH,
(06:11):
you have to cooperate with their investigations.
Speaker 2 (06:13):
So if his contract gets avoided, what happens to money
that he's already been paid? What does his free agency
status look like? What legal avenues could the union use
to to fight on his behalf? I know, I just
asked you three questions, so go ahead and wrap them
all into one answer.
Speaker 3 (06:30):
Well, aw well, thank you, ma, I appreciate that to
be determined. With all that, you know, it can get
very very messy. You know, the the Players Association is
not going to want a big contract to be unwound.
They're they're they'll try to fight it and you know,
go through the arbitration process, the appeals process. With that,
(06:51):
you know, the NBA they could secret payment of the
improperly paid compensation. It's not that that's the same thing
as give us back every single dollar you have ever
earn you that you're earned in the NBA. But yes,
this could get very very messy. Could they determine that
he's a free agent and he's he's free to sign
with another team. You know, perhaps the Players Association might
want to push for that, but you know, you would
(07:13):
imagine me and be able to want to suspend him
and you know, perhaps saying that he's you know, contractually
still balance the Clippers or you know, subject to some
other restrictions. So it could get very messy, and you know,
we'll have to see how it all plays out.
Speaker 2 (07:25):
All right, he La Kawhi Leonard might have to lawyer up.
If I need a lawyer, who do I call?
Speaker 3 (07:31):
Ill call the Minilo Law Group. But five one three
seven two three sixteen hundred, Moe, you already talked about
the traffic and the weather and how how gruesome it
is up there today. Everybody be up there and be safe.
But we all know this, not everybody is going to
do that. If you're the victim of that and somebody
hits you while you're out there on the road to Thay,
give us a call, the Minilo Law Group and five
(07:51):
one three seven two three sixteen hundred. If it's their fault,
it's our fight mode.
Speaker 1 (07:56):
You're the man.
Speaker 2 (07:57):
Thank you as always, that's our sports Legal Expert attorney
store at W. Penrose from the Manilo Law Group. Again,
I seventy one South at Smith Edwards shut down. They
are clearing a debris from what looks like a couple
of trees that fell right onto is seventy one. It
does not look like this caused an accident in person.
(08:19):
I cann be dead wrong about that. I don't know,
but the road is closed and that's what you need
to know right now. They're also showing video on Channel
five of a tree that has fallen on a street
in Hyde Park. Doesn't say specifically what street, But obviously
we're dealing with storm damage. I through at the Tri
State area. Hopefully your home and neighborhood is safe. Tony
(08:40):
Pike latest from training camp next