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Thread: News on CBA and Lockout.....................

  1. #11
    Banned dabears54's Avatar
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    good article on the money and cap for CBA( soul -you and I are the prob the only one's that care, but good stuff)

    key to a CBA: tip of the Cap

    Cash, not Cap, minimum crucial Andrew Brandt

    Beyond all the rhetoric of this two-year labor dispute, there has been and remains one issue that stands above the rest: the split of revenues between the owners and the players. In other words, who gets how much. As with every answer, follow the money.
    Understanding the Cap

    The Salary Cap (Cap) – which defines NFL revenue allocated to players – is one of the most misunderstood mechanisms in sports. It is not well known that the NFL Cap consists of two parts: the “Team Salary” (TS) portion and the “Benefits” portion.
    The TS number is the number we usually peg at the Cap number, the amount of negotiable dollars that a team can use to pay its players.

    The Benefits number includes allocations for health benefits and other mechanisms that have been part of the most recent CBA. These include the Minimum Salary Benefit (MSB) – paying a higher cash but lower Cap number for older veterans making minimum salary – and the Player Performance Benefit (PPB) – adding compensation to low-salaried players with high playtime. The PPB benefit alone saw some players add over $300,000 to their earnings following the 2009 season (the PPB benefit was suspended in the uncapped 2010).

    The owners would like to keep growing the Benefits side of the Cap number.

    Previous divisions of revenue

    Pre-2006: The formula for splitting revenues was dividing Designated Gross Revenues (DGR), a limited amount of total NFL revenues. Players received up to 64% of DGR, peaking at a TS number of $85.5 million in 2005.

    2006-present: With the new CBA, DGR changed to TFR (Total Football Revenues), where the players received a lesser percentage -- up to 59.5% in 2009 -- but out of a larger pie of revenues. The TS number made a staggering 19% jump to $102 million in 2006. That jump was well over any previous jump that we had experienced in the NFL and I remember the reaction that teams and owners were having. Moreover, I dealt with many disgruntled players who negotiated contracts prior to 2006 and watched the market pass them by with contracts at the 2006 Cap levels.

    The Last Cap
    The 2009 Salary Cap was $148 million. The TS number was $123 million, adjusted to $128 million due to the Cash Adjustment Mechanism (CAM), which accelerated $5 million into the Cap in the last capped year. For negotiation purposes, however, both the NFL and the NLFPA appear to be dealing with a TS number from 2009 of $123 million.

    Cash spent
    The actual amount of spending per team for 2009 was $116 million. In other words, the actual spend on players was $7 million per team less than the $123 TS number. NFL teams left $224 million on the table in allowable negotiable in 2009.

    Although numbers aren’t finalized for 2010, spending was at a lower or similar rate. Several teams used the uncapped year as a year to recover and prepare for the new system in 2011.

    The owners’ offer of March 11
    The NFL offered a 2011 Salary Cap of $141 million with fixed increases through 2015. Of that $141 million, the offer contained only $114 million in TS. With further negotiation, though, the owners were prepared to go to a division of $121 million in TS and $20 million to Benefits. With a few more million massaged into the TS number and taken from the Benefits number, we will probably have a deal at some point.
    Although that $121 million would be less than the $123 million from 2009 by $2 million per team, or $64 million overall, it is above the $116 actual cash spend of 2009. This, of course, begs the question of whether the owners will actually spend the money, leading to…

    The Cap minimum
    The Cap has had – the TS number – as well as a minimum spending number. In 2009, the minimum Cap spending required per team was approximately 86% of the TS number, or about $108 million.

    That, however, has always been a Cap number, not a cash number.

    As I know well from managing a Cap for many years in the NFL, Cap is a much less meaningful figure than cash spent. NFL teams – as I often did -- massage Cap numbers to look any way they want them to look. There are tricks of the trade such as rolling Cap dollars from one year to the next or creating “dummy incentives" (i.e., giving a third quarterback a $10 million incentive if he throws eight touchdown passes in a game) to soak up Cap room that is then credited toward the next year.
    The Cap minimum, therefore, from a players’ perspective, has lacked true meaning.
    In my opinion, the key for the NFLPA is to focus on a Cash minimum rather than a Cap minimum. Speaking of which...

    The Cash minimum offer
    In their last ditch proposal of March 11, the owners offered a Cash Minimum, requiring teams to spend at least 90% of their TS negotiable dollars on their players.
    The Cash minimum is something the players’ have to achieve in this CBA, as a Cap minimum is relatively meaningless. It appears that is on the table; it is now their challenge to raise the number higher than 90%.
    In terms of striking a deal, the (former) union should be less focused on what the Cap number is and more focused on what the Cash minimum spending requirement is.

    The next CBA
    There is a deal to be made here on this, the biggest issue of the labor dispute (assume we get back to negotiating). It will likely include a 2011 Cap number of $141-144 million with a TS number of $121-124 million and a Cash minimum of about 92-93% of that number.

  • #12
    Mello Jello soulman's Avatar
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    Quote Originally Posted by dabears54 View Post
    no prob and an FYI.. weaver owns "nine west" and shoe carnival" not blockbuster.. which was one of the 'pump and dumps" of wayne huzinga of miami) who also owned and sold before they went belly up of waste management and can't think of the water company now, but he now runs 'autonation".. its my wall street days coming back
    Oops my bad, wrong Wayne. I think it was Hiuzinga who bought out Elway's Denver dealerships some years back.

    Got the two confused, how careless of me since, "never the Wayne's shall meet".

  • #13
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    Her Honor Judge Susan Nelson to hear players case on Lockout. She has a rep of getting parties to settle. Just an update.

    http://sports.yahoo.com/nfl/news;_yl...ntitrust-judge

    New judge is ready to tackle NFL lockout issue

    By AMY FORLITI, Associated Press Apr 2, 12:12 am EDT











    MINNEAPOLIS (AP)—Susan Richard Nelson wanted to make a difference as an attorney. Do something that mattered.

    She mentored disadvantaged students and young female lawyers. She was on a team that took on big tobacco and won. As a magistrate, she earned a reputation for her ability to bring parties together and settle cases.

    Now, less than four months into her career as a federal judge, she’s responsible for deciding the fate of the NFL’s lockout and, perhaps, the 2011 season—a daunting task with big-shot lawyers on both sides and billions of dollars at stake.
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    Those who know Nelson say her short time on the bench won’t matter. They note she has decades of courtroom experience and won’t be rattled by the glare this high-profile case will bring.

    “There’s no question she can handle it,” said Michael Ciresi, who worked with Nelson for 16 years and was one of her partners at Robins, Kaplan, Miller & Ciresi. “As a judge, she’s very smart, savvy, respectful … and she’s not afraid to make the tough decisions.”
    On Wednesday, lawyers for Tom Brady(notes), Peyton Manning(notes), Drew Brees(notes) and other NFL players are scheduled to ask Nelson for an injunction to halt the lockout imposed by owners. The players have claimed the lockout is causing them “irreparable harm” and they want it stopped.

    Attorneys for the NFL want the lockout to stay in place, saying players manipulated the law when they decertified as a union in mid-March and filed what the league calls a baseless antitrust lawsuit.

    The lawsuit, which also has been assigned to Nelson, accuses the league of conspiracy and anticompetitive practices. A trial on those issues could take years, so Nelson’s ruling on the lockout will be key—and it’s the first big decision in the labor fight.

    “That’s the real heart of the case,” said Stephen Ross, director of the Penn State Institute for Sports Law, Policy and Research. “This decision is really, very important.”
    “When you consider the $10 billion that sports fans spend,” he added, “anything they do here is incredibly important as to whether there’s going to be a season or not.”

    Nelson’s decision will likely be appealed, so she won’t have the final say. Still, her office is gearing up for Wednesday’s hearing, which has been moved to a larger courtroom to accommodate the expected crush of attorneys and media.

    The 58-year-old Nelson is no stranger to the spotlight or to complex cases. The native of Buffalo, N.Y., has 22 years of litigation experience, and from 1994 through 1998 she worked with Ciresi and others in a landmark antitrust case against the tobacco industry—winning a $6.1 billion settlement for the state of Minnesota.

    After winning that case, she told the Minnesota Women’s Press newspaper: “You hope in your career that you have an opportunity to do something that matters, that makes a difference. Something that matters takes all you can give.”

    In 2000, federal judges in Minnesota unanimously chose Nelson to be a federal magistrate. She had that job for 10 years, conducting a wide range of civil and criminal proceedings to help move cases along.

    She handled evidentiary issues in cases related to the investigation of men who traveled from Minnesota to Somalia to possibly join a terror group. She also was on the bench for a handful of trials and gained a reputation as a successful mediator.

    She was asked about her mediation skills last May when the Senate Judiciary Committee interviewed her for the position on the federal bench.

    “To be a good settlement judge, a magistrate judge has to gain the respect and rapport of both sides, because once you lose the respect or rapport of one side, they won’t engage in the settlement process,” she said, according to the transcript. “So I think it requires certain skills, but most importantly that the parties do trust you and respect your judgment on assessing the strength of their cases.”

    She told the committee she was most proud of a settlement reached in a “very emotional case” between Guidant and workers who claimed layoffs had a disparate impact on older employees.

    Nelson is married to an attorney and has two adult sons. She graduated with high honors from Oberlin College in 1974 and earned her law degree from the University of Pittsburgh in 1978. She entered private practice and began working in Minnesota in 1984.
    Before she became a federal magistrate, she made a few political contributions to federal Democratic candidates, including former President Clinton, and Ciresi, who ran for Senate. Regarded by her friends as well-rounded and fun, Nelson plays the cello, enjoys going for walks, and likes sporting events as much as a night at the theater or orchestra.
    She was an avid fan when her two sons were playing baseball in high school and college.
    She also has a good sense of humor.

    She showed sparks of personality during her nomination process: drawing laughs when she joked about her “judgment” in letting her college-age son miss his finals to attend the hearing. Yet she also spoke seriously about the importance of impartiality, equal access to justice for everyone and her work mentoring disadvantaged students.

    “I always promised myself that if I enjoyed some success in this profession, that I would turn around and provide mentorship to those who also didn’t have mentors in their lives,” she said. “I believe it gives everybody a sense that they can do what they dream of.”
    Annamarie Daley, a local attorney and good friend of Nelson’s, said the judge is a “master” at organization. And while she hasn’t been a federal judge long, Daley said, Nelson made the transition easily after a decade as a magistrate.

    NFL labor matters have been in federal court in Minnesota for years, with most going before Senior U.S. District Judge David Doty. But due to random judicial assignments—and the recusals of two judges who cited conflicts—this one landed before Nelson.
    Doty and Nelson have some similarities: they worked for big law firms, have backgrounds in complex civil litigation, and are known for making decisions based on the law.
    Charlie Nauen, an attorney who has argued cases before Doty and Nelson, said both allow lawyers to “try their case.”

    “They are both federal judges and they are in charge of their courtroom, but that said, they allow a trial lawyer to put her or his case in, as opposed to some judges who get more involved,” he said. “… They both are good to practice in front of, and win or lose, you feel like you got a fair shake.”

    Nelson has handled NFL issues before. As a magistrate, she helped with settlement negotiations in a case filed by retired NFL players, who claimed the league was exploiting their images to promote the league and NFL memorabilia without paying them. The case was transferred once Nelson became a judge and is still pending.

    “Her style is very congenial, but she can be very firm if challenged,” said David Lillihaug, a former U.S. Attorney for Minnesota. “She’s very smart. There will be no argument that is too complex for her to unravel.”

    Updated Apr 2, 12:12 am EDT

  • #14
    Banned dabears54's Avatar
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    good stuff soul.. NOTHING would make me happier if her ruling after april 6th is .."ok, you guy aren't that far apart, time to out the war of words away, lock the top owners/players ina room for a weekend and settle the $300+ mill difference( and any others) and be done with it"..time to put the bicekring aside and do the settlement and trust

    To be a good settlement judge, a magistrate judge has to gain the respect and rapport of both sides, because once you lose the respect or rapport of one side, they won’t engage in the settlement process,” she said, according to the transcript. “So I think it requires certain skills, but most importantly that the parties do trust you and respect your judgment on assessing the strength of their cases.”

  • #15
    Mello Jello soulman's Avatar
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    Quote Originally Posted by dabears54 View Post
    good stuff soul.. NOTHING would make me happier if her ruling after april 6th is .."ok, you guy aren't that far apart, time to out the war of words away, lock the top owners/players ina room for a weekend and settle the $300+ mill difference( and any others) and be done with it"..time to put the bicekring aside and do the settlement and trust

    To be a good settlement judge, a magistrate judge has to gain the respect and rapport of both sides, because once you lose the respect or rapport of one side, they won’t engage in the settlement process,” she said, according to the transcript. “So I think it requires certain skills, but most importantly that the parties do trust you and respect your judgment on assessing the strength of their cases.”
    Yep, there's that old trust issue right back at center stage again. Like I've said all along I think that has more to do with it than the amounts involved. Let's hope she gets them past that and back to the table.

  • #16
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    This is the separate case before Judge Doty in which the players are asking for damages because of that $4 bil TV contract that the owners negotiated. Doty has already ruled that the owners can't have access to that money but the players are asking for damages claiming the deal constituted an "unconscionable act". They're also asking Judge Doty to lift the lockout claiming that instead it is a "group boycott and price-fixing agreement" that violates anti-trust law.

    Hooboy, let's get back to the table and get these things hashed out. Nobody is gonna like what the courts decide to do.

    http://sports.yahoo.com/nfl/news;_yl...on-tvcomplaint

    Players ask judge for damages in NFL TV case

    By DAVE CAMPBELL, AP Sports Writer Mar 31, 7:52 pm EDT











    MINNEAPOLIS (AP)—NFL players have put a number on how much money the league should pay back if it loses a court fight over $4 billion in television revenue.

    Just what that number is wasn’t disclosed Thursday in court documents filed by attorneys for the players. Exact amounts were redacted, but the figure is certainly in the hundreds of millions of dollars.

    The players requested revenue “left on the table” in 2009 and 2010 when the NFL re-negotiated broadcast contracts. U.S. District Judge David Doty ruled earlier this month that the league failed to maximize revenue for both sides to share when it reached the new deals. Doty scheduled a hearing for May 12 to address the request for damages.


    The players also asked Doty for relief from the lockout itself, while acknowledging the power to stop it rests with another judge in a hearing set for next week. Failing a court-ordered resumption of league business, the players requested the $4 billion “war chest” be kept away from the owners so they couldn’t use it to “continue to fund” a lockout against them.

    In addition to the first request, the players asked for at least three times the total amount of compensation awarded by the court. They cited precedent for “exemplary damages” due to the NFL’s alleged “unconscionable” attempt to tilt the balance of labor talks by rigging the TV deals to build the war chest that would bring in money even if no games are played in 2011.

    NFL spokesman Greg Aiello declined to comment specifically on the filing.
    “It is part of the process of the case,” Aiello said.
    The league’s response is due April 21.
    Doty ruled March 1 that the NFL did not act in the best interests of the players to maximize TV revenue in the last round of contract extensions with the networks.

    In their three-part request on Thursday for “money damages and equitable relief,” the players argued that the NFL’s breaches of obligation to secure fair TV deals were “deliberate, contemplated and willful.”

    They argued that the antitrust suit filed by 10 players, including star quarterback Tom Brady(notes)—now known simply as the Brady case—doesn’t change the “need for independent relief” from the harm they’re claiming.

    — The players asked for 57.5 percent of the so-called forsaken revenues that Doty ruled was left on the table in 2009 and 2010 to put the league in better position for 2011. They cited DirecTV’s 42 percent nonrefundable fee for 2011, digital and advertising rights given to Fox and CBS without payment in 2009 or 2010, and an extra game given to NBC in 2010 at no charge. (Last month, a special master ordered the league to pay $6.9 million for that game. The attorneys argued Thursday it’s worth more.)

    — In pleading for an end to the lockout, players argued that the league should be denied its “ill-gotten gains” from the TV deals. The lawyers wrote that “there is no amount of damages that can remedy the harm flowing” from the work stoppage, citing the lack of opportunity to work out at team facilities, draw paychecks and market their services through free agency, among other setbacks.
    — The attorneys also cited as precedent a state court ruling in New York in a foreclosure case in which a mortgage company was found guilty of “unconscionable” actions against a home-owning couple.

    Though legal documents are terse by nature, Thursday’s filing exuded the iciness between the two sides in the disagreements over the union dissolving on March 11 and other matters.

    Lawyers included a footnote explaining that the players refer to the lockout “for ease of reference” but argued that instead it’s really “a group boycott and price-fixing agreement” that violates antitrust laws. Calling it a lockout implies a labor dispute, and the league has contended the decertification was a “sham.”

    Updated Mar 31, 7:52 pm EDT

  • #17
    Mello Jello soulman's Avatar
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    I wasn't aware of this. Draftee Von Miller is part of the lawsuit to end the lockout.

    http://sports.yahoo.com/nfl/news;_yl...raft-vonmiller

    Von Miller, plaintiff in NFL suit, to attend draft

    Mar 31, 7:28 pm EDT











    NEW YORK (AP)—All-American linebacker Von Miller will attend the NFL draft even though he’s a plaintiff in a lawsuit against the league to stop the lockout.

    The Texas A&M player says Thursday he will be at Radio City Music Hall and is looking forward to being a part of the festivities. He also is part of the 10-player antitrust suit filed against the NFL on March 11 in a Minnesota court. Miller is the only collegian among the plaintiffs, who also include Tom Brady(notes), Peyton Manning(notes) and Drew Brees(notes).


    Miller’s agent, Joby Branion, works for Athletes First, a representation company in Irvine, Calif., where one of the agents is Andrew Kessler, the son of Jeffrey Kessler. The elder Kessler has been an outside counsel for the NFL Players Association for years.
    Updated Mar 31, 7:28 pm EDT

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