David Geffen: I Would Very Much Like To Buy The Clippers

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Age: 21
Posts: 11299
Location: Glendale, CA
votes: 24

Oh YEAH! Let's give it another shot, Geffen.

http://www.forbes.com/sites/ryanmac/201 ... -clippers/

Posts: 9369

votes: 42

Sterling will never sell but who knows Father Time may catch up to him sooner than expected

Posts: 11299
Location: Glendale, CA
votes: 24

well the owners are about to vote on it. if they get 3/4th votes, he's forced out.

Posts: 11169
votes: 24

ShawnFM ‏@ShawnFNBA

Article 13 NBA Constitution: TERMINATION OF OWNERSHIP OR MEMBERSHIP: Ownership may be terminated by 3/4 vote of Govs' for any of 10 reasons

Only term that applies: (a) Willfully violate any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Ass.

This term may apply also: (d) Fail or refuse to fulfill its contractual obligations to the Ass, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.

Other than sections A & D I don't see the other sections applying to Sterling in terms of termination.

Well Sterling is absolutely screwed, I found what I was looking for.

After the 3/4 vote, Sterling will get a notice in writing. He then can & must meet in front of the Board with counsel. He will be allowed to put on evidence of mitigation in an effort to persuade the Board of his position. The Board will listen to all the evidence & vote again.

If the Board votes for termination/sale by 3/4 after hearing from Sterling the vote is essentially final. The decision is deemed final "and each Member and Owner waives any and all recourse to any court of law to review any such decision."

Article 14 Sec J states in part "..each Member and Owner waives any and all recourse to any court of law to review any such decision."

This means Sterling has waived his right to sue in court over the forced sale. So now we know he has waived his rights in both ban & sale.

Once Sterling is officially ousted the Commissioner shall be in full control and management of the team. The Commissioner shall make ALL decisions for the team. Including liquidation and or sale.

Article 15 Alternative to Termination: With a 2/3 board vote, the Board may waive termination & invoke a fine (no cap on the fine).

After a quick review of the NBA by-laws the Board has very broad powers to terminate ownership & Sterling has waived his right to sue. What this means is Sterling has to persuade a Judge to set aside this clause of the by-laws in order for Sterling to sue. Uphill battle.

Again, must view the Ban & Termination of Ownership as two different events & in both events Sterling has waived his right to sue.

Also, there is NO arbitration clause Sterling can take advantage of. In relation to the ban, the bylaws name Silver as the arbitrator.

Then once he gets voted out by the Board, if he wants to sue the board, he must convince a Judge to rule the waiver of his rights to sue was not a lawful waiver. I don't know how a Judge would agree to that considering Sterling had attorneys & is an attorney himself.

Posts: 4974

votes: 59

Gettin' Griffin Geffen

Clipper Starter
Posts: 353
Location: Whittier, CA
votes: 1

Everyone wants a piece now huh

CTB MVP Champion
Posts: 17349
Location: los angeles
votes: 135

^ Geffen should have dibs on it since he tried to buy majority shares just to get Lebron here. His heart has always been in the right place. Magic? Not so much.

Clipper Starter
Posts: 778
votes: 0

so, this is what it feels like to have a sexy booty... Everyone wants a piece! haha.

Clipper All-Star
Posts: 2017
votes: 26

Geffin yes. Oprah no.

Posts: 5534
Location: The Darkside
votes: 43

As also a Dodger fan,this is what it was like when Frank McTurd was forced out,they were lining up around the block to buy that team and they were bought for twice what anyone thought they would fetch

Posts: 3385
votes: 13

Don't get the criticism towards Oprah. She would have the same role as Magic in the other group, basically just a famous name attached to the group to make it look more favorable who doesn't have the time to be involved in the day-to-day operations.

Posts: 11169
votes: 24

Geffen yes. Oprah yes.

Clipper All-Star
Posts: 2092
Location: N/S LBC
votes: 3

It is said Donald has been battling cancer for the past couple of years per New York Post.

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