Not content to lose to an 8 seed, Cuban seeks even bigger embarassment

[Findog]

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/29/WSNOTES.TMP

WARRIORS NOTEBOOK
Nelson-Cuban dispute seems to be worsening
Janny Hu, Chronicle Staff Writer

Friday, June 29, 2007

Regardless of whether Warriors coach Don Nelson returns to the sidelines next season, his fall schedule is likely to include a stop in court, where his arbitration suit against Mavericks owner Mark Cuban is taking on new dimensions.

According to a source with knowledge of the situation, Cuban filed a counterclaim against Nelson last month, contending that the former Mavs coach violated his non-compete clause by using insider information against Dallas during the playoffs.

The source also said that Cuban is seeking an injunction against Nelson working for Golden State, though the litigation has no bearing on Nelson's pending decision on coaching again or retiring.

Reached by phone this week, Nelson's lawyer, John O'Connor, would say only that the Cuban's claim was baseless, particularly the notion about inside information.

"I suppose if Don knows that (Dirk) Nowitzki likes to go to his right and not his left, that that is confidential information as far as Cuban is concerned," O'Connor said. "We disagree and think it's absurd."

Nelson originally filed arbitration papers over $6.6 million in deferred payments he believed he's owed from his contract with Ross Perot Jr., the former Mavs owner. When Nelson stepped down as the Mavericks coach in 2005, he agreed to stay on as a consultant.

"We will let the lawyers sort it out," Cuban said in an e-mail. "At least he admits he had a non-compete clause in his five-year consulting deal he signed."

[Findog]

So Peter Holt can sue Avery for using what he knows about the Spurs to oust them in 2006?

[Bear Grylls]

So Peter Holt can sue Avery for using what he knows about the Spurs to oust them in 2006?

Avery is still under contract and has a "No compete" clause in his contract?

[Findog]

Avery is still under contract and has a "No compete" clause in his contract?

According to Nellie's lawyer, Cuban stopped paying him as a consultant, thus breaching their consulting arrangement. God, how stupid is that, Warriors don't make the playoffs without Nellie.

[VinnyTestesVerde]

this is truly sad. i can find no way to defend what Cuban is doing (not that i'd want to).

Is there anyone that would be able to defend this? This has to be nothing but additional embarrassment for the organization. :wow

[Oh, Gee!!]

I sue joooo facez off!!

[Findog]

this is truly sad. i can find no way to defend what Cuban is doing (not that i'd want to).

Is there anyone that would be able to defend this? This has to be nothing but additional embarrassment for the organization. :wow

The ultimate epitomy of being a sore loser.

[Holmes_Fans]

Is there anyone that would be able to defend this? This has to be nothing but additional embarrassment for the organization. :wow

From my understanding, Cuban is sueing Nelson because of his Co-Compete clause in his contract he had in Dallas. Basically, Nelson is wanting this 6.6 million and Cuban is saying he's not paying because in his contract their was a no-compete clause which means that if he stays as a consultant on the payroll he cannot leave to work for another franchise. It has nothing to do with having information that helped the Warriors beat the Mavs. The "inside information" is just legal jargon from no-compete clauses.

It is just like these no-compete clauses that the news media and some radio people sign. If so and so leaves the Channel 8 news to go work for Channel 4, usually they have to work off air for at least a year because of their no-compete clause in their contract.

The cuban haters in the media are just reading WAYYYY to far into this.

[Findog]

From my understanding, Cuban is sueing Nelson because of his Co-Compete clause in his contract he had in Dallas. Basically, Nelson is wanting this 6.6 million and Cuban is saying he's not paying because in his contract their was a no-compete clause which means that if he stays as a consultant on the payroll he cannot leave to work for another franchise. It has nothing to do with having information that helped the Warriors beat the Mavs. The "inside information" is just legal jargon from no-compete clauses.

It is just like these no-compete clauses that the news media and some radio people sign. If so and so leaves the Channel 8 news to go work for Channel 4, usually they have to work off air for at least a year because of their no-compete clause in their contract.

The cuban haters in the media are just reading WAYYYY to far into this.

Yep, so far we have only the word of Nellie's attorney that Cuban is suing him for "beating the Mavericks."

[DarkReign]

From my understanding, Cuban is sueing Nelson because of his Co-Compete clause in his contract he had in Dallas. Basically, Nelson is wanting this 6.6 million and Cuban is saying he's not paying because in his contract their was a no-compete clause which means that if he stays as a consultant on the payroll he cannot leave to work for another franchise. It has nothing to do with having information that helped the Warriors beat the Mavs. The "inside information" is just legal jargon from no-compete clauses.

It is just like these no-compete clauses that the news media and some radio people sign. If so and so leaves the Channel 8 news to go work for Channel 4, usually they have to work off air for at least a year because of their no-compete clause in their contract.

The cuban haters in the media are just reading WAYYYY to far into this.

Ahhhh, great explanation.

Because I re-read the start-post for www.theonion.com for how ludicrous this sounded, even for Cuban.

[ponky]

what is it about the no compete clause that you don't understand? it's a very common clause in work contracts. for example, in nyc, classical musicians must often sign contracts with no compete clauses, agreeing to refrain from teaching with another music studio for 2-3 years.....or else

nothing to be embarrassed about....cuban and his highly skilled legal staff know exactly what they're doing....and same goes for nellie and his legal counsel

[ponky]

this is truly sad. i can find no way to defend what Cuban is doing (not that i'd want to).

Is there anyone that would be able to defend this? This has to be nothing but additional embarrassment for the organization. :wow

que penedejismo tenemos aqui? dios mio, los gorditos en san antonio no saben leer.

[Kori Ellis]

what is it about the no compete clause that you don't understand? it's a very common clause in work contracts. for example, in nyc, classical musicians must often sign contracts with no compete clauses, agreeing to refrain from teaching with another music studio for 2-3 years.....or else

nothing to be embarrassed about....cuban and his highly skilled legal staff know exactly what they're doing....and same goes for nellie and his legal counsel


California is a right to work state. So non-compete clauses are extremely hard to inforce there.

[leroyjenkins]

this story was also updated on foxsports

http://msn.foxsports.com/nba/story/6976630?MSNHPHMA

[Stargazer]

Even if it's overblown, it's still an embarrasment for Dallas. As bad as Avery or Dirk must feel losing to an 8 seed, how much worse is it for your owner to be seen as whining that it's unfair. Cuban has deprived Dallas of the comfort of at least being able to take the loss like men.

[mavs>spurs2]

God, Cuban. Why? All I can say is just "Wow."

[Findog]

how much worse is it for your owner to be seen as whining that it's unfair.

Perceptions don't always equal reality. And really, what can you do?