E.C. Laloosh":1ibf81he said:
Love what you're selling vedthree. I'm just wondering why we haven't heard more legal experts making the statement that H/B/N have more firm legal footing. Most of the reports that I see (from neutral parties) claim that he "might" have "some" grounds for a case but that chances are not good for success.
Hans has been quick to reassure us that legally, H/B/N are more than solid but this doesn't explain why we're not hearing similar things from other sources.
Good point & question. Personally, I think it's a combination of factors:
1.) Lots of the "sports law" experts on TV and doing the radio-circuit interviews have close ties to the Leagues and/or are employed by a Network with vested interests in protecting the Leagues. Not exactly the best source for unbiased info (for example, I think it was McCann on 710am right after the relocation committee vote was asked to give his "advice" for future strategy and it sounded exactly like a bullet-point list of the NBA's talking points .... "back off, play nice, wait and make a play for another team, yadda, yadda ... )
2.) Just because some one is an expert in sports & entertainment law doesn't mean they're an expert in anti-trust law. Completely different fields and rules of play. A good lawyer can spend his entire career working with the NBA - contracts, marketing deals, agency, administering the rules under the CBA, etc, and never once deal with an Anti-Trust issue. So it could simply be beyond their realm of knowledge and expertise.
3.) Anti-Trust law is complex & boring. It doesn't make for good TV & radio. Hell, even on news & business stations like CNBC where you think they would be talking about it as it relates to the business world, it often gets overlooked or bad analysis. So not surprising that the local sportswriter (who get most of their talking points fed to them by PR people anyways) isn't going to be getting into in-depth.
4.) Finally, Anti-Trust cases (going nuclear) against Pro Sports are so rare. Even though they are often successful. The simple fact is the Leagues usually do whatever it takes to resolve the situation through negotiation & arbitration before it ever advances that far in Court ... so experts may simply still be assuming the NBA will find a way to talk itself out of it before it gets that far. (business as usual)