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LAWSUIT TARGETS ARTICLE WRITTEN BY PULITZER PRIZE WINNING AUTHOR

SI.com Article

Former UCLA men's basketball player, Reeves Nelson, has filed a lawsuit for defamation against Sports Illustrated resulting from SI's March 2012 article entitled, Special Report: Not The UCLA Way. The scathing article, written by Pulitzer Prize winning author George Dohrmann (more on him later), portrayed the UCLA men's basketball team as dysfunctional and out of control, placing much of the blame on Nelson's conduct. The revelations added salt to the open wound of a UCLA hoops season that saw the Bruins finish in the middle of a weak Pacific 12 conference and miss the NCAA tournament for the second time in three seasons.

Those who know me know that I am a rabid UCLA sports fan, particularly as to the UCLA men's basketball team. I have had season tickets for over 20 years, follow the team in road games around the country and am a donor to UCLA Athletics. I am in all sense of the word a UCLA basketball "booster."

During the 2011-12 season, UCLA men's basketball fell far short of expectations -- suffering embarrassing losses to "lesser" basketball programs, losing by double digits to top teams and failing to earn a postseason bid which most of us consider to be UCLA's birthright. Plus, UCLA fans had to endure the indignity of having to attend most "home" games at the Los Angeles Sports Arena, an arena which cross-town rival USC abandoned years ago, while the Bruins' home arena, Pauley Pavilion, underwent major renovations. Beaten on the court and essentially homeless, the UCLA basketball team then had to face SI's blistering and embarrassing accusations just days before one of the worst seasons in UCLA basketball history was about to end.

Unlike most subjects on this blog, the SI "expose" and Nelson's alleged conduct within the team detailed in that article was (and is) intensely personal. Nevertheless, as an attorney with substantial experience in defending the media as well as representing plaintiffs in defamation claims, I could not pass on the opportunity to comment on Nelson's defamation lawsuit. After the jump, you can read Nelson's complaint, and evidence he submits at the outset of his lawsuit, as well as my views on his claims.

 

A CONTINUING REMINDER OF THE NEED FOR STRONG ADVISORS 

Roger Clemens must feel like he's under siege these days. Once certain that he'd be elected to the baseball hall of fame, Clemens is now on trial for the second time on perjury charges for lying about his supposed use of performance enhancing drugs (PEDs). (Clemens' first trial ended in a mistrial when prosecutors showed a video that had previously been ruled inadmissible.)

I previously wrote about Clemens and his predicament well before his indictment and first criminal trial. My first post was about how much a celebrity's reputation is worth and whether suing for defamation is an appropriate strategy to defend that reputation. I updated that first post about the crucial decisions on how to defend celebrities and their reputations when the judge dismissed most of Clemens' claims in his civil lawsuit for defamation against his former trainer.

Since then, Clemens was indicted and now is undergoing his second trial on federal perjury charges for allegedly lying to Congress in his testimony about the use of PEDs in baseball. After the jump, I'll discuss how a celebrity's reputation, and perhaps his freedom, depends on the quality and strength of the advice he receives from his representatives and friends.

 

 

NBA TEAM SEEKS TO STIFLE SUPERFAN AND STOP USE OF "CLIPPER" MARK

With the arrival of new star players Chris Paul and deAndre Jordan, coinciding with the continued rise of mega-star Blake Griffin, the once hapless Los Angeles Clippers have a new identity ("Lob City") and a rekindled fan base. Once the laughingstock of all sports franchises, the Clips find themselves leading the Pacific Division of the NBA's Western Conference as of the date of this post (a half game over the Los Angeles Lakers), playing an exciting brand of basketball that's the talk of the League. In fact, Clipper fans have boldly declared that their beloved team is now THE team of Los Angeles.

(As a long time Lakers fan, I scoff at this notion. Hang some banners and get your own arena before making such ridiculous statements.)

This week, the Clippers are making news off the court. The team has become embroiled in a controversy with its most visible fan, Darrell Bailey, known to Clipper Nation as "Clipper Darrell." The team wants Clipper Darrell to go back to being just Darrell and drop the "Clipper" mark from his moniker.

After the jump, as a sports fan, and intellectual property litigator, I will discuss this burgeoning dispute between the club and its superfan and whether Lob City is better served enjoying its most visible fan's support instead of stifling it.

 

 

HIP-HOP LABEL FILES LAWSUIT AGAINST GROUP DAY BEFORE MCA LOSES FIGHT WITH CANCER

Beastie BoysAdam "MCA" Rauch co-founded the "Beastie Boys" hip hop group with Michael "Mike D" Diamond and Adam "Adrock" Horovitz. Together the trio enjoyed tremendous success, selling over 40 million records, having #1 albums and being inducted to the Rock and Roll Hall of Fame earlier this year. MCA was too ill with cancer to attend that induction ceremony. On May 4, 2012, MCA lost his battle and died at his New York home.

In timing that can charitably be called "unfortunate," hip hop label Tuff City Music Group (TufAmerica) filed suit against MCA and the other Beastie Boys, and their various record labels, the day before MCA died. Filed in federal court in New York City, the lawsuit claims that the Beastie Boys illegally "sampled" passages from two songs from the group "Trouble Funk" and incorporated them into four Beastie Boys songs, including songs on the Beastie Boys' 1986 debut album, "Licensed to Ill" (the album cover is depicted on the right).

After the jump, I'll summarize what I suspect will be key issues in the case and discuss the controversy concerning the timing of the suit.

 

 

Friends of the Los Angeles County Law Library honored CHIEF JUSTICE TANI CANTIL-SAKAUYE with the BEACON OF JUSTICE AWARD for her distinguished record of service to the legal community and her dedication to advancing the cause of justice.  Guest speakers who presented the Beacon of Justice Award were Governor Gray Davis (ret.); The Honorable Lee Smalley Edmon, Presiding Judge of the Los Angeles Superior Court; Edith Matthai of Robie & Matthai; and Mel Avanzado of The Avanzado Law Firm.

 

Congratulations again to Chief Justice Cantil-Sakauye!

 

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Hon. Lee Edmon, Edith Matthai, Chief Justice Tani Cantil-Sakauye, Gov. Gray Davis and Mel Avanzado

 

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Mel Avanzado

 

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Chief Justice Tani Cantil-Sakauye and Ailleen Gorospe

 

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Hon. Bernie LaForteza and Mel Avanzado

 

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