Sam Amick - Will Maloofs opt for litigation?

#2
http://sportsillustrated.cnn.com/2011/writers/sam_amick/04/30/kings.relocation/index.html

Interesting article on whether Maloofs are gearing up for a court battle with NBA. I feel a little prescient as I tweeted these same fears yesterday.
This is what I'm thinking as well. They feel like they're being ganged up on so they're looking at legal options. They even sent a lawyer to the house of a journalist for Christ sakes!

This is where it gets scary for us. Unfortunately, I'm no lawyer so I leave this one up to the board legal analysts. At what point does Stern get wet feet and let these jokers bolt? Or does he and the league have enough legal clout to make them stay a year and have it hold up in court?

This may very well come down to how much they respect Stern. They said on the Larry King show that they think he's a "great guy". Well, if that's so, they'll abide by his wishes. If they don't, then the Larry King flap was just one more lie that they can notch on their belt.
 
#3
This is what I'm thinking as well. They feel like they're being ganged up on so they're looking at legal options. They even sent a lawyer to the house of a journalist for Christ sakes!

This is where it gets scary for us. Unfortunately, I'm no lawyer so I leave this one up to the board legal analysts. At what point does Stern get wet feet and let these jokers bolt? Or does he and the league have enough legal clout to make them stay a year and have it hold up in court?

This may very well come down to how much they respect Stern. They said on the Larry King show that they think he's a "great guy". Well, if that's so, they'll abide by his wishes. If they don't, then the Larry King flap was just one more lie that they can notch on their belt.
I've never seen anything to suggest that Stern is likely to soften his stance once its gone public, on anything.
 
#4
At what point does Stern get wet feet and let these jokers bolt? Or does he and the league have enough legal clout to make them stay a year and have it hold up in court?
You mean "cold feet"? Surely you don't think Stern is quaking over the prospect of a court battle with the Maloofs? Stern has gotta be better than 11-2 favorite... he does know how to battle and he can squeeze the Maloofs like an anaconda if they want to go that route.
 
#5
The picture is becoming a little clearer now. They are losing their team and this is the red flag that proves it. They won't win this against the NBA and they have themselves to blame. For every allegation that they are throwing at the NBA, there is mounting evidence that they have been staging this relocation to Anaheim for years. They are The Sacramento Kings - not the Maloof Kings. They are not free to move the franchise anywhere they like, when they like. They are afraid to look in the mirror and admit that they have been the ones who have been creating the environment to force this move.

Stern looks like he gave them a chance to stay as owners in Sacramento and make some nice-nice. But they've left themselves no room now. Look in the mirror boys, it's you who are to blame.
 
#7
This is going to be months more drama if the Magoofs decide to challenge the NBA and go down fighting. It would almost be worth it if we got to see them get annihilated in court.
 
#8
With the NBA getting ready to start a lockout over the next CBA, they don't need melodrama on another front. But that said, I very much doubt that Stern will take his eye off the ball. A challenge like this will not go unanswered. I like the chances of the NBA and Stern in this one. I think the Maloofs are making some noise to see if they can find support anywhere. It's just too desperate. I think the NBA will own the Kings very soon.
 

pdxKingsFan

So Ordinary That It's Truly Quite Extraordinary
Staff member
#9
A lawsuit would result in a Pyrrhic victory at best. Win and they would likely be allowed to move to Anaheim saddled with even more debt and the most hated owners in the ownership circle. Look at Al Davis and all he did was testify on behalf of the USFL.

A loss and their ownership of the Kings would probably be the farthest thing from their minds as it would likely eat up a nice chunk of what remains of the family fortune.

Meanwhile while this is going on all of the legal hurdles to prevent the move to Anaheim will still likely be put in place so they will probably stay in Sacramento during the duration of any lawsuit. I can't imagine this would help sell tickets.

I really think they would have to be bigger fools than anyone gives them credit for to undertake such a stupid endeavor.
 
#10
A lawsuit would result in a Pyrrhic victory at best. Win and they would likely be allowed to move to Anaheim saddled with even more debt and the most hated owners in the ownership circle. Look at Al Davis and all he did was testify on behalf of the USFL.

A loss and their ownership of the Kings would probably be the farthest thing from their minds as it would likely eat up a nice chunk of what remains of the family fortune.

Meanwhile while this is going on all of the legal hurdles to prevent the move to Anaheim will still likely be put in place so they will probably stay in Sacramento during the duration of any lawsuit. I can't imagine this would help sell tickets.

I really think they would have to be bigger fools than anyone gives them credit for to undertake such a stupid endeavor.
I give them credit for being big enough fools to do it. I really do.
 

pdxKingsFan

So Ordinary That It's Truly Quite Extraordinary
Staff member
#11
What I'm really curious is how a decision that the NBA can't control it's franchisee locations would spill out beyond the sporting world. Would McDonald's franchisees be able to select their own store locations now? Can you imagine the potential fight the Maloofs could be picking without thinking it through?
 
#12
What I'm really curious is how a decision that the NBA can't control it's franchisee locations would spill out beyond the sporting world. Would McDonald's franchisees be able to select their own store locations now? Can you imagine the potential fight the Maloofs could be picking without thinking it through?
Good point. It could be a precedent setting case. If the Magoofs won, then it'd open the door for any small market team to strike a quick deal with a big city and move right on in. I wonder if the Magoofs even have the resources for such a fight. From the looks of it, they're a couple of poodles getting ready to take on a pack of Rottweilers.
 
#13
It will never make it to court. Do the Maloofs really want all their finances entered into public evidence? And remember that Stern has been playing around with contraction as part of the CBA posturing. Which means he has a way to contract a team by force. He has one he can do that with and a second one is just the perfect leverage. The Maloofs dipped into the NBA line of credit anywhere up to a rumored 75 to 125 million. I think Stern is going to use that debt somehow to force the Maloofs to sell out to the NBA similar to the Hornets. The Maloofs NBA ride is coming to a close soon. I think the Sacramento ride has some more bumps in the road though...
 
#14
With all due respect to the Maloofs. But if these guys are ignorant, stupid and naive enough to think that they have the resources and the goodwill with the league to side with them while negotiating a CBA only to turn around and to fight them in court....go right ahead!!:mad:

But I don't think for one second these guys are litigators. I have never heard about them file one lawsuit. I think they will give it a one year shot and then at some point sell the club to a local person. Even if they won in court or there was a settlement, this places Sacramento in position to get another team with Burkle as the owner like Charlotte did.
 
#15
Good point. It could be a precedent setting case. If the Magoofs won, then it'd open the door for any small market team to strike a quick deal with a big city and move right on in. I wonder if the Magoofs even have the resources for such a fight. From the looks of it, they're a couple of poodles getting ready to take on a pack of Rottweilers.
True. It wouldn't be a lawsuit the NBA could afford to lose and they wouldn't. They'd throw the full weight of the league at them.
 

Bricklayer

Don't Make Me Use The Bat
#16
This is what I'm thinking as well. They feel like they're being ganged up on so they're looking at legal options. They even sent a lawyer to the house of a journalist for Christ sakes!

This is where it gets scary for us. Unfortunately, I'm no lawyer so I leave this one up to the board legal analysts. At what point does Stern get wet feet and let these jokers bolt? Or does he and the league have enough legal clout to make them stay a year and have it hold up in court?

This may very well come down to how much they respect Stern. They said on the Larry King show that they think he's a "great guy". Well, if that's so, they'll abide by his wishes. If they don't, then the Larry King flap was just one more lie that they can notch on their belt.
Oh, I wouldn't worry about Stern backing down in such a situation, he has a MUCH larger fin than the boys, and if you think he would let such a precedent be set on his watch you, well, you just don't know David Stern very well.

Now I normally WOULD be concerned that while litigation was pending, the Maloofs would try to just pack up and leave town -- not as if Stern can call the shipping companies and tell them to stop. But two things: first I would think the NBA would be able to get an easy preliminary injuction against that sort of thing; and second, since the ENTIRE point of moving down to Anaheim for the Maloofs is to get Samueli to save them with his bailout loans, and since I see no way that Samueli would give them a single cent until he knew the court would rule in their favor and they would actually be coming, and since they would be playing in his building, they basically have no place to go.

I'm interested in the Maloofs' finances now. If its true that they have already defaulted on The Palms loan and lost all but 12% of their ownership share as a result, where is the current financial stress on them coming from? Are they down to 12% ownership and yet STILL owe money on loans for the Palms too? They sold the beer distributorship -- were they idiots and dropped all of that money on a futile efort to save the Palms? Did they do the same with their stock portfolio, or is it still there? In a world where the Palms loans had been extinguished when they dropped to 12% ownership, where they still had some of the distributorship money, still had a good chunk of their stocks, they would seem to be much much poorer, but stable with only the Sacto loan, and the NBA loan still hanging over their heads. In a world where the beer distributorship money is gone, the stock money is severely diminished, and they somehow still own loans in Vegas even after losing most of their ownership of the Palms, then what happens with the Kings could be absolutely critical to them not ending up in bankruptcy court. And a big question could be do those Sac city and NBA loans run to the franchise, or to the owners? If they sell the Kings does the new owner take over the team encumbered by those loans (and thus would be willing to pay a lesser price for the team), or do the loans follow the Maloofs, and potentially wipe out most of the profits from selling the franchise? In the latter situation there might not be much left of the Maloofs empire. Beer distributorship = gone, Palms = 88% gone, Kings = gone, stocks = ?. If the loans wipe out their profits from a Kings sale they could effectively be relatively poor. Maybe even have fewer than $100mil in assets left, and with no realistic way of getting back to where they were/getting enough money to buy back into the NBA in their lifetimes. If there are somehow loans still hanging over their head from the Palms disaster, bankruptcy might be the only option.
 
#17
The picture is becoming a little clearer now. They are losing their team and this is the red flag that proves it. They won't win this against the NBA and they have themselves to blame. For every allegation that they are throwing at the NBA, there is mounting evidence that they have been staging this relocation to Anaheim for years. They are The Sacramento Kings - not the Maloof Kings. They are not free to move the franchise anywhere they like, when they like. They are afraid to look in the mirror and admit that they have been the ones who have been creating the environment to force this move.

Stern looks like he gave them a chance to stay as owners in Sacramento and make some nice-nice. But they've left themselves no room now. Look in the mirror boys, it's you who are to blame.
I agree with this 100%.
 
#18
Oh, I wouldn't worry about Stern backing down in such a situation, he has a MUCH larger fin than the boys, and if you think he would let such a precedent be set on his watch you, well, you just don't know David Stern very well.

Now I normally WOULD be concerned that while litigation was pending, the Maloofs would try to just pack up and leave town -- not as if Stern can call the shipping companies and tell them to stop. But two things: first I would think the NBA would be able to get an easy preliminary injuction against that sort of thing; and second, since the ENTIRE point of moving down to Anaheim for the Maloofs is to get Samueli to save them with his bailout loans, and since I see no way that Samueli would give them a single cent until he knew the court would rule in their favor and they would actually be coming, and since they would be playing in his building, they basically have no place to go.

I'm interested in the Maloofs' finances now. If its true that they have already defaulted on The Palms loan and lost all but 12% of their ownership share as a result, where is the current financial stress on them coming from? Are they down to 12% ownership and yet STILL owe money on loans for the Palms too? They sold the beer distributorship -- were they idiots and dropped all of that money on a futile efort to save the Palms? Did they do the same with their stock portfolio, or is it still there? In a world where the Palms loans had been extinguished when they dropped to 12% ownership, where they still had some of the distributorship money, still had a good chunk of their stocks, they would seem to be much much poorer, but stable with only the Sacto loan, and the NBA loan still hanging over their heads. In a world where the beer distributorship money is gone, the stock money is severely diminished, and they somehow still own loans in Vegas even after losing most of their ownership of the Palms, then what happens with the Kings could be absolutely critical to them not ending up in bankruptcy court. And a big question could be do those Sac city and NBA loans run to the franchise, or to the owners? If they sell the Kings does the new owner take over the team encumbered by those loans (and thus would be willing to pay a lesser price for the team), or do the loans follow the Maloofs, and potentially wipe out most of the profits from selling the franchise? In the latter situation there might not be much left of the Maloofs empire. Beer distributorship = gone, Palms = 88% gone, Kings = gone, stocks = ?. If the loans wipe out their profits from a Kings sale they could effectively be relatively poor. Maybe even have fewer than $100mil in assets left, and with no realistic way of getting back to where they were/getting enough money to buy back into the NBA in their lifetimes. If there are somehow loans still hanging over their head from the Palms disaster, bankruptcy might be the only option.

Excellent analysis as usual Brick, and pretty well articulates the scenarios tumbling around in my head, though I was too lazy to write them all up.

Pending more info, there really could be wide range of where the Maloofs are at, but I'd put worst case scenario even worse that what you listed... and it's conceivable. That scenario would all depend on how much risk they took with the Palms, and how much they actually owed on that, i.e. how upside down they were, expecially with the condo buildings.

But if we try to read the signs of the (especially recent) behavior... it would seem to point to closer to the very bad/worst case scenario.
 
#19
If the Maloofs were smart, of course if my aunt had balls she'd be my uncle, but if they were smart, they would focus their attention in an entirely different direction. One that helps see small market teams like theirs get much needed help from big market teams hoarding the majority of the leagues profits. Their battle should be about the CBA, not moving.
 

bajaden

Hall of Famer
#20
Oh, I wouldn't worry about Stern backing down in such a situation, he has a MUCH larger fin than the boys, and if you think he would let such a precedent be set on his watch you, well, you just don't know David Stern very well.

Now I normally WOULD be concerned that while litigation was pending, the Maloofs would try to just pack up and leave town -- not as if Stern can call the shipping companies and tell them to stop. But two things: first I would think the NBA would be able to get an easy preliminary injuction against that sort of thing; and second, since the ENTIRE point of moving down to Anaheim for the Maloofs is to get Samueli to save them with his bailout loans, and since I see no way that Samueli would give them a single cent until he knew the court would rule in their favor and they would actually be coming, and since they would be playing in his building, they basically have no place to go.

I'm interested in the Maloofs' finances now. If its true that they have already defaulted on The Palms loan and lost all but 12% of their ownership share as a result, where is the current financial stress on them coming from? Are they down to 12% ownership and yet STILL owe money on loans for the Palms too? They sold the beer distributorship -- were they idiots and dropped all of that money on a futile efort to save the Palms? Did they do the same with their stock portfolio, or is it still there? In a world where the Palms loans had been extinguished when they dropped to 12% ownership, where they still had some of the distributorship money, still had a good chunk of their stocks, they would seem to be much much poorer, but stable with only the Sacto loan, and the NBA loan still hanging over their heads. In a world where the beer distributorship money is gone, the stock money is severely diminished, and they somehow still own loans in Vegas even after losing most of their ownership of the Palms, then what happens with the Kings could be absolutely critical to them not ending up in bankruptcy court. And a big question could be do those Sac city and NBA loans run to the franchise, or to the owners? If they sell the Kings does the new owner take over the team encumbered by those loans (and thus would be willing to pay a lesser price for the team), or do the loans follow the Maloofs, and potentially wipe out most of the profits from selling the franchise? In the latter situation there might not be much left of the Maloofs empire. Beer distributorship = gone, Palms = 88% gone, Kings = gone, stocks = ?. If the loans wipe out their profits from a Kings sale they could effectively be relatively poor. Maybe even have fewer than $100mil in assets left, and with no realistic way of getting back to where they were/getting enough money to buy back into the NBA in their lifetimes. If there are somehow loans still hanging over their head from the Palms disaster, bankruptcy might be the only option.
It my understanding that they're also in debt to the league for a significant amount of money. Apparently the league may loans available to the finanically straped teams with a cap of 150 mil. So its possible that they might owe the league as much as 150 million. Hmmm! I wonder how much play that would have in a lawsuit. Your suing a league to which you possibly owe 150 million dollars. Apparently they're using the same strategy as our current goverment. Borrow your way out of debt. Usually doesn't work too well.
 
#21
All of this assumes one gigantic assumption. (assumes an assumption? lame but I couldn't think of another synonym)


That Stern and the BOG really ARE adamant that the Kings stay in Sacramento.

So far the only source of this fact, and the one all the other media outlets are basing their assumption on, is the conference call which the OC Register guy detailed. And even that may have been simply the NBA stating they would PREFER the team to stay. Nowhere anywhere has anyone implied that the league would DEMAND that the team stay.

Anyone here watch Sonicsgate? Click the name to watch. Understandably one sided, but highly recommended. One certain thing you can take from this is that Stern is smart enough not to show his cards. Ever. As much as it pains me to think it, with all the unknowns in all of this the one certainty is that the team has gained LOTS more money in offers on both sides because of it all, and it is conceivable that this was one of the plans all along.
 
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#22
If the Maloofs were smart, of course if my aunt had balls she'd be my uncle, but if they were smart, they would focus their attention in an entirely different direction. One that helps see small market teams like theirs get much needed help from big market teams hoarding the majority of the leagues profits. Their battle should be about the CBA, not moving.
See this just reveals their true wishes. Right now they consider their ideal and probably only situation to be team owners in Anaheim. They don't want to be in Sacramento under any circumstance. They've proved that many times over the past few weeks. Stern has gently given them every inch of rope to work this out in Sacramento and they have not taken that route. Now the not so gentle actions are coming at them and they are going down kicking and screaming.
 

Bricklayer

Don't Make Me Use The Bat
#23
All of this assumes one gigantic assumption. (assumes an assumption? lame but I couldn't think of another synonym)


That Stern and the BOG really ARE adamant that the Kings stay in Sacramento.

So far the only source of this fact, and the one all the other media outlets are basing their assumption on, is the conference call which the OC Register guy detailed. And even that may have been simply the NBA stating they would PREFER the team to stay. Nowhere anywhere has anyone implied that the league would DEMAND that the team stay.

Anyone here watch Sonicsgate? Click the name to watch. Understandably one sided, but highly recommended. One certain thing you can take from this is that Stern is smart enough not to show his cards. Ever. As much as it pains me to think it, with all the unknowns in all of this the one certainty is that the team has gained LOTS more money in offers on both sides because of it all, and it is conceivable that this was one of the plans all along.
If the league has the preference, and the Maloofs try to bully their way past it, they are in trouble.

Seriously have none of you people ever been an alpha male? :p Or at least been around one? You do NOT challenge an alpha male unless you are ready for a fight. You don't show them up. You don't try to intimidate them. Not unless you are ready to go to the mat. Stern has been strutting around as his sports' arrogant badass for 3 decades now. He was dangerously close to writing Sacto off after its umptenth failure. But if his inclination is to give the city one more year, then the Maloofs aren't actually free to jsut shrug him off. You don't shrug off Stern.
 
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#24
If the league has the preference, and the Maloofs try to bully their way past it, they are in trouble.

Seriously have none of you people ever been an alpha male? :p Or at least been around one? You do NOT challenge an alpha male unless you are ready for a fight. You don't show them up. You don't try to intimidate them. Not unless you are ready to go to the mat. Stern has been strutting around as his sports' arrogant badass for 3 decades now. He was dangerously close to writing Sacto off after its umptenth failure. But if his inclination is to give the city one more year, then the Maloofs aren't actually free to jsut shrug him off. You don't shrug off Stern.
Well I would hope that Stern is slightly more mature than the average "alpha male". While I'm sure he has an ego there is a bigger picture to worry about. The integrity of the league mostly. I think he sees Sacramento loves its team and is fighting for it too. The Maloofs don't seem to care. They are mainly concerned with saving they're asses.
 

Bricklayer

Don't Make Me Use The Bat
#25
Well I would hope that Stern is slightly more mature than the average "alpha male". While I'm sure he has an ego there is a bigger picture to worry about. The integrity of the league mostly. I think he sees Sacramento loves its team and is fighting for it too. The Maloofs don't seem to care. They are mainly concerned with saving they're asses.
You would probably be wrong on several fronts. First Stern is actually less "mature" in many ways than some high school jock wannabe -- he has almost a god complex. Been unchallenged and stomping around so long as the Big Bad that he a) equates his well being with the league's, thinks he knows best and b) doesn't consider defeat a possibility/acceptable option. You scratch the surface on many a high school wananbe alpha male, and you will find a coward putting up a front. You scratch David Stern and he will nip off your finger with his rows of razor sharp teeth. He's the real deal.

And really for the Maloofs the tippng question is this: while they are still owners toeing an ownership line, Stern will use all that clout to protect them. They are his people. But the instant, and I do mean the instant, that they look like they are done, on the way out, disobedient, rebellious or whatever, he becomes a fearsome enemy, and most of the owners will fall in line behind him.
 

Glenn

Hall of Famer
#26
And really for the Maloofs the tippng question is this: while they are still owners toeing an ownership line, Stern will use all that clout to protect them. They are his people. But the instant, and I do mean the instant, that they look like they are done, on the way out, disobedient, rebellious or whatever, he becomes a fearsome enemy, and most of the owners will fall in line behind him.
That's my read. The Maloofs depend on maintaining a relationship with Stern or they are toast. Hence the foolishness of litigation.

Anybody ever seen meat put into a meat grinder? Stern will turn the crank and the pieces coming out will be a Maloof sausage.
 
#29
Surely the Maloofs are not THAT stupid?!

Then again, they might be seeing the writing on the wall (ie NBA wanting them to sell) and will go down swinging. Not a smart move, but an emotional one which is right up their alley
 
#30
Well I would hope that Stern is slightly more mature than the average "alpha male". While I'm sure he has an ego there is a bigger picture to worry about. The integrity of the league mostly. I think he sees Sacramento loves its team and is fighting for it too. The Maloofs don't seem to care. They are mainly concerned with saving they're asses.
Seriously, watch the Sonicsgate video. Those fans made ours look tame. Gigantic turnouts for rallies and such. Their mayor sold them out, but Stern pretty much turned a deaf ear to the fans. We as fans helped light a fire under KJ perhaps (though I am sure he was always going to do his best) and made a good showing that we would still pay money to see the team, but i think we would seriously be fooling ourselves if we think Stern all of a sudden is going to make financial decisions based on fan love. If Stern wants to keep the team here it will be because he feels financially it is the best decision for the league overall for a number of reasons.