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Thread: Agent/Attorney Weighs in on New CBA........

  1. #1
    Mello Jello soulman's Avatar
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    Agent/Attorney Weighs in on New CBA........

    Just one more party's thoughts on this matter. The consensus among these agent types seems to be that a deal will get done very soon. His reasons being that the players don't want to miss a paycheck and the owners don't want the courts deciding the outcome.

    Jack Mills is a pretty sharp guy and also well respected for his knowledge of sports law. He has represented many Bronco stars and other top players and currently has 30 players and rookies under him for guidance and contract negotiation.

    I highlighted a few points of interest.

    woody paige
    Paige: Boulder attorney talks pros, cons of NFL lockout

    By Woody Paige
    The Denver Post
    Posted: 06/18/2011 12:33:24 AM MDT
    Updated: 06/18/2011 12:33:29 AM MDT



    The fight between the billionaires and the millionaires is incomprehensible and illogical to the thousandaires and the hundredaires.

    Sunday will mark the 100th day since the NFL lockout commenced.

    The two questions asked incessantly by the fans are: "Why don't the owners and the players settle this mess?" and "Will there be an NFL season?" Jack Mills has optimistic answers: "They will soon" and "Yes, there will be."

    Mills, a sensible, informed Boulder attorney who has represented hundreds of NFL players over 40 years and teaches the entanglements of sports law at the University of Colorado, told me: "There are too many smart people on both sides to miss any NFL games."

    As an agent for Heisman Trophy winners, all-pros and a Hall of Famer, an adviser to the NFL Players Association and a negotiator with most of the owners, Mills has dealt with two strikes and, now, the lockout.

    "I know how much the players don't want to miss a paycheck," he said. "They have such short careers, and there are no guaranteed contracts in football. They'll always be at a disadvantage (in labor negotiations).

    "The owners can't claim they're losing money like the NBA owners. The purpose of litigation (by the players) is to gain some leverage, and the owners don't want the issue to be resolved in the courts because they can't be certain of the outcome.

    "Both have their reasons to get this done."

    Myriad reports over the past few days suggest that the owners and players are moving closer to an agreement, while some sources remain skeptical.

    Pockets of players and owners have met recently, and Chief Magistrate Judge Arthur Boylan last week held a second mediation session that included commissioner Roger Goodell and DeMaurice Smith , executive director of the decertified players union.
    After the three-judge U.S. circuit appeals court heard arguments in regard to the lifting of the lockout, senior judge Kermit Bye urged the owners and the players to reach a settlement because neither might like the court's decision.

    "When the last collective bargaining agreement was signed (in 2006), the leaders were (commissioner) Paul Tagliabue and (the late) Gene Upshaw (NFLPA executive director), and Tagliabue wanted that CBA to be his legacy, and Upshaw got the richest CBA in football history," Mills said.

    "Several owners didn't like it, so there was an opt-out clause."

    Although players received 59.5 percent of total football income, "you had a pie, to put it in simplest terms, and the owners took out a big slice before the players got any," Mills said.
    The pie is larger now ($9 billion), but the owners initially were insistent on $2 billion instead of $1 billion with the first cut.

    "It all comes down to the money," Mills said. Doesn't it always?

    "The owners already have made concessions. There won't be an 18-game schedule, and they are willing to give more money to the players (a higher salary cap) off the $2 billion.
    "I think what we'll see is once they agree on the amount, all the other issues (including rookie wage scales) will be resolved relatively easy and accomplished in a few days sometime in July.

    "They'll get in some (training) camp, the exhibition games, and the season will begin when it's scheduled to."

    Mills is concerned about the players drafted in lower rounds, or not at all. "They won't have the benefit of all the summer work (minicamps), and when it comes to making a choice, teams probably will keep the players they have had before."

    Mills — who has represented Randy Gradishar , Rod Smith, Sammy Winder and Daniel Graham among dozens of ex-Broncos — has 30 current players and several college free agents who are uncertain about their futures. "I tell them to stay in shape and be ready. I'm confident that we'll have football."

    Hopes are on hold for all the -aires.

    Woody Paige: 303-954-1095 or wpaige@denverpost.com




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  • #2
    Banned dabears54's Avatar
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    and do not forget without the 'bonuses" and new contracts the agents do not get paid either- so they want it settled also, soul : )

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    Mello Jello soulman's Avatar
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    Of course and so would either of us were we in a similar situation. Here's something that may stand in the way though. True story or a reporters overactive imagination? It seems somewhat unlikely to me that Jerry Jones would care all that much whether or not Ralph Wilson spent $30 mil less on player personnel than he did. That's a drop in the bucket compared to overall revenues.


    The NFL lockout shows signs of ending. But if NFL lockout isn't settled, it could be because of owner-vs.-owner issues.





    NFL team owners Jerry Jones of the Dallas Cowboys (right) and Daniel Snyder of the Washington Redskins (center) enjoy a slice of pizza with Papa John’s founder John Schnatter as part of a Papa John’s video shoot at Cowboys Stadium in Arlington, Texas, Sept. 1, 2010. Jones and Snyder, while partners with Papa John’s, disagree on how much money teams should spend on their franchises. That dispute could lengthen the NFL lockout.

    By Bryan Burwell, St. Louis Post-Dispatch/MCT / June 27, 2011
    ST. LOUIS – As the longest work stoppage in NFL history reached the 100-day marker on Thursday, there were significant signals coming out of suburban Boston that the lockout could be reaching its final days.

    The reports that have leaked out of the ongoing contract talks between the owners and players are sounding as favorable as we've heard in the last few months. Instead of the angry saber rattling that characterized the early days of this lockout, the gloom and doom has been replaced with upbeat phrases like "heading in the right direction" and "very fruitful" and the all-important "close."

    Sometimes it's dangerous to characterize the progress (or lack thereof) of ongoing negotiations. But from all the most knowledgeable conversations we've heard, a real breakthrough has happened and a season that once looked like it could be at risk is showing signs of life.

    The only way a deal doesn't get done now is if somebody out there simply wants to pick a fight and send thislockout into a death spiral that will surely eat up games, profits and a ton of public goodwill.

    And if it does happen, if we see this lockout extended into August or September, it won't be that there's some nasty issue on the table that will create another hostile owner-vs.-player hissy fit.

    If these negotiations fall apart now, it will be because of a contentious class warfare among the owners. It could be a struggle of wills and business priorities between high-revenue owners such as Jerry Jones and Daniel Snyder and lower-revenue owners such as Ralph Wilson and Mike Brown.

    "This owner-vs.-owner issue reared its ugly head earlier this week," Webster University associate professor Patrick Rishe said. "It's the small-market guys who are at the bottom of the league in franchise value, who could cause this thing to fall apart, and the squawking has been there for a while."

    What they're probably squawking about is a particular proposal on the table that mandates that every franchise must spend nearly 100 percent of whatever the maximum annual salary cap figures might be. In the past there has been a maximum amount that a franchise could spend but never a mechanism in place to force them to spend up to that limit. Many of the lower-revenue owners historically have been less enthusiastic about spending their revenue-shared profits up to the limit of the salary cap. And much like the dispute in baseball where big-market owners were outraged when they learned the frugal ways of small-market owners, the NFL is facing the same sort of trouble among its owners.

    "It's just like in baseball where ownerships like the (big-spending) Yankees and Red Sox complain that lower-revenue teams collect on revenue sharing they get from the pockets of the big-money teams but don't re-invest it on the product," said Rishe, who teaches economics at the George Herbert Walker School of Business at Webster University and writes about sports business for Forbes.com. "Remember the stories of teams like Florida and Pittsburgh in baseball were pocketing all the money that they were getting from the revenue sharing from big-market teams? Well now in the NFL you have guys like (Washington's) Daniel Snyder and (Dallas') Jerry Jones who are fed up with some of the smaller market teams not spending what they should."

    So the cold hard facts are this: If this deal is going to get done over the next two weeks, it will be because commissioner Roger Goodell has played the good politician and ended the infighting between the 32 owners. Goodell's job will be making sure that he has the necessary 24 owners needed to approve a deal. But there is a legitimate concern that there might be enough disgruntled cliques of lower-revenue owners or high-revenue owners arguing with each other that whatever deal is approved at the bargaining table could be scuttled in an ownership board room.

    It's Goodell's job to get his 32 owners to remember the bedrock socialism practices that old-school owners such as the late Wellington Mara once championed. The problem is there are far more contemporary owners who think more like Jones than Mara. The age of sharing the wealth in the NFL is no longer as popular anymore. Thinking of what's best for the entire league has been lost on owners who are worried about having to foot the bill on the construction of their new football palaces or shrinking attendance figures or steep debt service or figuring out how to break their leases and being the first franchise in line to escape to the limitless wealth of relocation to Los Angeles.

    There are far more owners who might be eager to reject the spread-the-wealth philosophies that have been a part of the NFL's legendary successful business plan for nearly 40 years.

    If we're going to have an uninterrupted NFL season, it will be because Goodell proves to be the great salesman who reminds his guys that their successful past is the key to their bountiful future.
    I'm getting to that age where a lifetime warranty just doesn't mean as much to me anymore as an afternoon nap.



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  • #4
    Banned dabears54's Avatar
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    yeah, of course there is going to be some "small market vs large market" stuff between the owner's , esp in light of how different the revenues are now.. and below is the list of "operating revenue" for 2010.. so esp for the bottom 10-15 teams that had a operating income under $25 million, how a 100% cash cap would hurt them alot more or matter than teams that have operating incomes above 50 mill for 85%,90% or 100% do not really matter.

    http://www.forbes.com/lists/2010/30/...s_Revenue.html

    http://www.forbes.com/lists/2010/30/...ns_Income.html

    RankTeamsCurrent Value ($mil)1-Yr Value Change (%)Debt/Value (%)Revenue ($mil)
    Operating Income ($mil)

    1 Dallas Cowboys 1,805 9 11 420 143.3
    2 Washington Redskins1,550 0 15 353 103.7
    3 New England Patriots1,367 0 20 318 66.5
    13 Tampa Bay Buccaneers1,032 -5 14 246 56.1
    25 Cincinnati Bengals905 -5 11 232 49.4
    20 Kansas City Chiefs965 -6 14 235 47.8
    8 Baltimore Ravens1,073 -1 25 255 44.9
    11 Indianapolis Colts1,040 1 4 248 43.2
    9 Chicago Bears1,067 -1 9 254 37.3
    21 New Orleans Saints955 1 13 245 36.7
    5 Houston Texans1,171 2 17 272 36.5
    15 Cleveland Browns1,015 -2 15 242 36.1
    7 Philadelphia Eagles1,119 0 16 260 34.7
    26 Atlanta Falcons831 -3 33 231 34.5
    19 Seattle Seahawks989 0 12 241 34.0
    29 St Louis Rams779 -15 8 223 29.0
    28 Buffalo Bills799 -12 16 228 28.2
    23 Arizona Cardinals919 -2 16 236 28.1
    32 Jacksonville Jaguars725 -16 17 220 25.9
    24 San Diego Chargers907 -1 14 233 24.7
    18 Tennessee Titans994 -1 13 242 23.3
    10 Denver Broncos1,049 -3 14 250 22.0
    22 San Francisco 49ers925 6 14 226 21.0 1
    7 Pittsburgh Steelers996 -2 25 243 17.9
    30 Minnesota Vikings774 -7 36 221 17.9
    12 Carolina Panthers1,037 -1 18 247 15.0
    14 Green Bay Packers1,018 0 2 242 9.8
    6 New York Jets1,144 -2 66 238 7.6
    31 Oakland Raiders758 -5 7 217 2.2
    4 New York Giants1,182 0 55 241 2.1
    27 Detroit Lions817 -6 43 210 -2.9
    16 Miami Dolphins1,011 0 40 247 -7.7
    Last edited by dabears54; 06-27-2011 at 10:24 AM.

  • #5
    Mello Jello soulman's Avatar
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    An obvious sticking point for some but it shouldn't be a deal breaker. Let's just hope any internal squabbling, if that even what it is, won't delay an agreement. The time has come to, as the owners put it to Goodell in March, get the best deal they can. No one wins, big market or small market alike, if this season get delayed or cancelled.
    I'm getting to that age where a lifetime warranty just doesn't mean as much to me anymore as an afternoon nap.



    Honey Badger Don't Care. Honey Badger Don't Give a Shit.


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