Donald Sterling to Go Against NBA?

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Shinob
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http://www.latimes.com/local/la-me-ster ... z30RNZy5kg

well, i'm sure everyone saw this coming...

this old man won't go down without a fight...

geez.

-clippernation-
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Does he really have a strong case?

elton_sucks42
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The guy is 80 years old. He really wants to spend the rest of his life fighting for a franchise he never cared about? Guy needs to give up.

Shinob
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i've been reading different articles and also listening to the radio...some lawyers say he has chance to go against being forced to sell.

as for the lifetime ban, that's pretty much out the window; no way he can fight that case.

airgordon23
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Check out this new video by Adam Silver talking about DTS Ban!

Shinob
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There is a process and timeline the NBA must follow in order to oust Sterling, and that is detailed in its constitution and bylaws. Silver has three days to provide Sterling with the charges, Sterling has five days to respond and the Board of Governors then will vote within 10 days of Sterling's response, according the constitution and bylaws.

so we'll find out what happens.

sterling will have to answer soon.

toohipcliptoslip
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Guys like DTS live for cut throat competition and he is a guy who doesn~t like to lose. Guys like that don~t understand giving up. Even after Nixon was proven a crook before all the world he somehow strong armed Clinton enough that Tricky Dick got a photo op with Clinton TEN PLUS YEARS LATER. He never gave up.

Shinob
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http://www.usatoday.com/story/sports/nb ... r/8527511/

Lawyers are debating the merits of potential claim, and antitrust attorney Jeffrey I. Shinder doesn't think Sterling would have a strong case.

"While a tactical antitrust suit is certainly possible, it should fail," he said. "Sterling will be hard-pressed to show injury to competition as opposed to his own self-inflicted injuries. The repugnance of his conduct and its potential harm to the league and to the Clippers would easily support the NBA's defense of such a suit."

just hoping it all gets done before next season. i want a new clippers owner ASAP.

toohipcliptoslip
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What if???

What if DTS kept the team? He'd have zero sponsors which means he could lose his TV contract and radio. The only players he could attract would scrubs if even that or maybe Euro guys. He has to pay to keep the lights on at Staples and all of his STH will bolt.His announcers and staff will bolt. Nobody will buy his merchandise. When the team is away nobody will buy their merchandise and the team will be destroyed because they're on the team only for a paycheck and they don't give a fart in the wind..

Bottom line son:

He is his own announcer and uses a bullhorn because he can't afford the electricity. The problem is that there is so much echo from the empty stadium that nobody can hear him. He broadcasts on youtube. He tries to hire the Harlem Globetrotters. Since Staples wants rid of him that instead of hardwood they paint stripes on the ice and he has to act as his own janitor because the present ones always seem to lose their glasses and continuously drop tons of garbage and since they can't see they can't pick it up and Staples insurance doesn't cover glasses and Staples doesn't give a ****.

This is an exaggeration but not much.

ponlork
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classic mack dime song. can i just say that i find it humorous how celebs such as Ice Cube is calling Donald Sterling out when he once uttered the phrase, "Get rid of that Devil real simple. put a bullet in his temple. Because you can't be the N****'s foe life crew, when you got a white Jew telling you what to do". I wonder if these are the type of black people Donald was referring to XD i guess it's much less offensive to the black community to glorify this type of imagery. Not that i'm against it, my favorite genre of music is west coast hip hop.

dukenilnil
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Disclaimer: Obviously, I am not an insider so I may have the facts wrong but one potential strategy that he might be pursuing is as follows

Fact - If Sterling sells now, he will have to pay capital gains taxes on the increased value from the 12.5 mil he paid. If it sells for 1 billion, he is looking at a $350 mil tax bill

Fact - If he transfers the team by his will, the "purchase value" (cost basis) of the team for capital gains purposes for the new owner becomes the value at the time the team was transferred by will.

Fact - Thus, if it transfers by will and is then sold, the Sterling family would have almost zero capital gains which would mean almost a zero tax bill, saving the family hundreds of millions of dollars

Theory - Sterling doesn't need to win the lawsuit to "win" in the battle. He is 80 years old. If he can drag the litigation out for a decade(s) or more through appeals and various stall tactics (not entirely out of the question), he may effectively delay the sale until such time as the team passes by his will. This would have 2 effects - (1) the family saves the massive tax bill and (2) the grounds for the sale of the team might be void.

Caveat - Most (if not all) of the punishments are dictated by the NBA constitution and bylaws which also dictate binding arbitration. Arbitration can be a long process but not nearly as long as court-based litigation. He will fight the arbitration clause but those battles generally are relatively quick as they can be decided on the papers and don't (generally) require testimony, deposition, and long discovery processes. That said, I am sure Sterling knows all the tricks in the books are will use any strategy available to him. Even if he spends $10s of millions on lawyers, that pales compared to the tax bill

Tangent: The tax bill alone makes me want the sale to go through quickly. Generally, I am no fan of high taxes, but $350 million is a nice little bonus for the tax coffers and hopefully could fund some good works, plus it hurts his pocket books a lot more than any sponsor pull out or the 2.5 mil fine.

Silasie
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^

If that is the scenario and he does drag it out till he dies then surely all the sponsors, good players, good coaches will have left and the franchise will have a completely terrible image and be worth next to nothing?

clipper*joe
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You are aware that the the article only states what he MIGHT be able to do, not what he's going to do, right? DTS and his lawyers had no comment on this matter.

BennyBeFly
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I'm hoping he just goes with the process and doesn't put up a fight while putting up a public apology.

I'm also a very optomistic person...

namzug
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Clippers have 9 players under contract next year. What if nobody resigns with us and no new signings come in during the offseason, until he sells the team? If you have to have minimum of 13 players, but can't fill your roster since nobody wants to play for you, wouldn't he be forced to give up the team?

That would force the vote wouldn't it. Their would be nothing that he could do if players that aren't under contract want to play for him. He can't have any say in operations either, so there wouldn't be much he can do.

FightOnRon
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YOu knew this POS was going to do this,he loves ripping off the poor, pretending to be a philanthropist, and going to court. Oh,and hanging around around with bimbos.

Dude will be pushing daisys before this is over.

Laker fan has already picked Doc as their new coach.

fray_27
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Sterlings son just died

FightOnRon
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Like today or a while ago? The newspaper keeps talking about his 2 kids,did he have 3?

Shinob
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The title has a? Right? I am AWARE. Thanks.

fray_27
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Yea I'm sorry my girlfriend told me she read something and that CP3 tweeted about it but then she told me the name of his son and it's the one that died last year

clipper*joe
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No worries, I was just addressing your comments in the post.

JQuick32
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He can try to fight it, but he'll get destroyed in court. He's done.

cleepers
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The point is he doesn't have to win, just delay sale until he snuffs it and his wife and kids benefit by 1/3 of a BILLION. That's quite an incentive.

He may not like black people, but like most billionaires, I'm sure he hates paying taxes even more.

wessleejr
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The more he delay the sell of the team the more he lost, once the season is over, we will see the movement of the players, Doc already said he is not sure if he will comeback next season, Blake and the gang will surely leave the team, Lakers are already talking about Blake and CP3 in yellow and purple.

ClippersDA
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Doc said he's not leaving now right

JQuick32
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Doubt he even CAN delay it that much. Bottom line is, he agreed to clauses in the constitution that force him to waive his right to sue. Total non-starter in court.

FightOnRon
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All our team needs to do is get to the Finals and the talk about leaving will be shelved

WinningBasket
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As part of his ownership of an NBA team, Donald agreed to and must abide by the by-laws of the NBA Constitution. He doesn't seem to have a leg to stand on.

If the NBA League and its by-laws are anything like my homeowner's association by-laws and CC&RS, Donald is screwed. Lol

realbull17
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Hopefully Sterling will get the boot before the draft/free agency. Very Happy

namzug
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Wouldn't it be in his best interest to pass the team to his family immediately and then let them go through the sale? I know I'm oversimplifying it, and there is probably tons of red tape that I'm unaware of.

The quickest route I would believe is for him to pass the team and then have them sell. Pass it to his wife or son in law, then NBA forces or convinces said family to sell the team regardless. This would then save him millions in taxes and still give him some control of who to sell the team too.

dukenilnil
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Any transfer of that does not involve a transfer by will is a fully taxable event on the capital gains side.

Even if he decided to donate the team to a charity (hardy har har) to get the tax write off, he would first have to also calculate the capital gain from 12.5 million to the estimated value at time of the charitable donation. Only way to avoid the capital gains tax is through a will.

ClippersDA
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Last year I believe. His son Scott died. He has two living kids

toohipcliptoslip
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Isn't there a divorce or something and will there be a problem with community property? Also how much will the team be worth with no sponsors if the thing is spun right?

namzug
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I don't know how reliable this is but hopefully not (even if it's what we expect):

http://talkingpointsmemo.com/livewire/d ... g-clippers

ClippersDA
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Dan lebatard just went on his show and guaranteed doc is leaving.

tense2
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Dan Le Batard can't guarantee nothing, LOL. Next.

realbull17
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Why Sterling fight, he won't win.

toohipcliptoslip
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Because he likes to fight. He lives for it. I's called Love of Power

A_DOG_NAMED_BUD
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He's a lawyer. This is the type of stuff he lives for.

fullcourt
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I don't think there will be much of a fight because the NBA will likely submit letters from sponsors that they would drop not only Clippers advertising but nba as well and the players union that they would boycott not only the Clippers game but all games. This would hurt other owners and that is what they will use as the reason for the vote.

clipper*joe
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LOL!

/not at you.

ClipTakeover
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Please refer to him as Dan Retard after that comment. Ridiculous.

toohipcliptoslip
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I don't see how this matters. Let's assume he was 100% right and the above happened. Then what? Should he be forced to sell when innocent just because there is an unjust conspiracy against him. You are comparing apples and pears.

Mistwell
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Is that right? I thought the original basis goes with the transfer by will and you don't get to step up the basis just from an estate transfer. Also, it's subject to the Estate Tax as it is well over the threshold for that tax, right?

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