The Fight Lawyer

New York Attorney General and District Attorney for the County of New York Motions To Dismiss Counts IV and V of Zuffa et al.'s Complaint

2012-01-27T13:34:00.001-05:00

Here are both briefs in support of the motions to dismiss Counts IV and V of Zuffa et al.'s complaint.
Ag Motion to Dismiss

da mtd

Fight Lawyer

Update on Zuffa et al.'s Constitutional Challenge to the Ban on Mixed Martial Arts in New York

2012-01-09T13:32:00.001-05:00

On January 5, 2012, there was a status conference before Judge Kimba Wood in Zuffa et al.'s lawsuit challenging the constitutionality of the law banning mixed martial arts in New York.

The minute entry from that proceeding provides, in relevant part, as follows:

Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference held on 1/5/2012. Defendants will submit a limited motion to dismiss addressing only the issue of whether due process and equal protection analysis requires the Court to determine whether there was a rational basis for the law at issue only at the time it was passed, or whether the Court must determine whether there is a rational basis for the law at present (in other words, whether the Court should take into account a change in factual circumstances that makes the law no longer rational, even if it had a rational basis at the time of passage). Defendants' motion is due 1/27/12. Plaintiffs' reply is due 2/17/12.Defendants' response is due 3/2/12. (js) Modified on 1/9/2012 (tro). (Entered: 01/06/2012)

Essentially, as predicted, the New York AG and New York County DA's offices will be submitting a motion to dismiss. Having said that, I was surprised that the motion is so limited.

Specifically, the minute entry focuses only on the due process claim and the equal protection claim, i.e. whether those claims survive rational basis analysis--the lowest level of scrutiny the Court will pass on the law. The Minute Entry makes no mention of the First Amendment claim. The narrow issue the parties will brief involves whether the Court should determine whether the law is rational now given the current state of the sport or if the court should focus on whether the law was rational as of 1997 when the ban was implemented.

I will continue to monitor.

Fight Lawyer

Golden Glory v. Overeem Nevada Lawsuit and Annexed Contract

2012-01-05T18:43:00.000-05:00

This lawsuit has been extensively covered by Josh Gross over at ESPN here and here particularly because it could have impacted Overeem's ability to receive his fight purse from Saturday night's fight. Note this is not the same as the lawsuit in California I wrote about here.

For those interested, here is a link to the Nevada complaint and the management agreement, which is annexed as an attachment.

Fight Lawyer

UFC 141 Predictions

2011-12-30T12:31:00.000-05:00

My fight predictions for UFC 141 via Tapology:

Also, coming off my first and third place finishes for UFC 140 on Kountermove, I am entered in three tourneys for 141.

Fight Lawyer

UFC 140 Predictions & Fantasy MMA via Kountermove

2011-12-10T12:07:00.000-05:00

Here are my UFC 140 predictions via Tapology:

I have also entered two UFC 140 fantasy MMA tournaments over at Kountermove -- a new fantasy MMA site where you can win cash prizes:

Fantasy MMA. Kountermove has built the world's leading fantasy MMA website – a service that is fun, friendly, fair, and legal. Kountermove is the first MMA fantasy site where users compete for real cash prize pools by drafting teams of fighters in salary cap games. With over 32 million people now actively playing fantasy sports in the U.S. and Canada, MMA is overdue to have its own robust online fantasy community.

Kountermove is great entertainment. Beyond that, it also provides a compelling platform for interaction between fighters and fans. Fantasy MMA is especially powerful for new and up-and-coming fighters because it drives broader name recognition and a deeper-level of engagement with fans. MMA fans discover new fighters by playing fantasy games and then become invested – literally – in each fighter on their team.

Randy “The Natural” Couture. Kountermove is honored to have the backing of Randy “The Natural” Couture and Xtreme Couture Management as part owners and strategic partners. Hall of Famer Randy Couture is a five-time UFC champion – the only UFC fighter to ever win both the UFC Heavyweight and Light Heavyweight titles.

Our Team. Today, Kountermove has a team of 10 people working world-wide. Aaron Ard, aka the "Bobby Fischer of MMA", leads day-to-day product development, operations, and marketing. Brian Knapp, an experienced Silicon Valley executive, is a close adviser to the company. Both are Brazilian jiu-jitsu practitioners of over a decade. Kountermove was founded in April, 2009.

www.facebook.com/kountermove
twitter.com/kountermove
kountermove.tumblr.com

The Game. Kountermove fantasy MMA works similar to today’s football, baseball, and basketball fantasy sports leagues. We currently feature single event, salary cap style games and have a number of new game formats coming soon. Kountermove offers members the opportunity to play against each other for the chance to win a designated prize pool of real money.

Members select games based on entry fee amounts, number of opponents, and whether they’d like to draft from the main or full card of fighters. Our member’s teams of fighters are then matched up against each other during real MMA events to compete for the cash prize pool.

Winners and losers are determined by points based on each fighter’s statistical output – strikes landed, submission attempts, knockdowns, dominant positions, rounds won, and knockout or submission bonuses. All entry fees are added into a prize pool that is divided among the league’s winners at the end of the game.

Here are a few entertaining videos describing how the game works and how points are tallied:

Unfortunately, I am not yet in a position to offer advice on how to pick fighters--I need some record of success before I can do so. Having said that, I am looking forward to playing.

Oh yeah, any winnings will go to support the non-profit, New York Mixed Martial Arts Initiative.

Fight Lawyer

UFC et al.'s Lawsuit Challenging Constitutionality of MMA Ban in NY Update

2011-12-06T12:28:00.001-05:00

Just a quick update.

As expected, Judge Kimba Wood so-Ordered a stipulation of the parties extending the time for the defendants, i.e. the New York Attorney General and the New York County District Attorney, to respond to the complaint (answer, move or otherwise) to and including January 11, 2011.

John M. Schwartz, Special Litigation Counsel, entered his appearance for the NY AG's Office and Patricia Bailey and Anne Schwartz entered their appearances for the DA's Office.

I will continue to monitor.

Fight Lawyer

Article in Full Contact Fighter Discussing the Lawsuit Challenging the Ban on MMA in New York

2011-12-05T15:20:00.000-05:00

Check out the article over at Full Contact Fighter, UFC’s New York Lawsuit: A Sign Of Desperation Or Shrewd Move?, which includes some quotes from me.

I think it is tough to predict how this lawsuit will be received in Albany -- at both the executive and legislative level -- and we will have to wait and see. Hopefully, the lawsuit and the recent UFC/FOX deal continue to give the sport positive mainstream media coverage.

Ultimately, as you know if you follow this blog, I believe this favorable mainstream media coverage will continue to positively influence public perception and will be critical in the fight to legalize MMA in New York.

Fight Lawyer

My UFC 139 Predictions

2011-11-19T11:57:00.001-05:00

My predictions for tonight's fights via Tapology--could have gone either way in the Rua fight:

Fight Lawyer

UFC et al. Sue New York State Seeking to Invalidate Law Banning MMA in NY

2011-11-15T10:17:00.004-05:00

The Wall Street Journal Law Blog has the details here. I will have more to add in the form of updates over the course of the day. Complaint is massive--over 100 pages.

Update 11-16:

Assemblyman Reilly weighs in on lawsuit here:

Assemblyman Robert Reilly, D-Latham, Albany County, dismissed Zuffa’s lawsuit as 'nonsense,' but said it’s ultimately up for a judge to decide.

'To claim that this is a form of expression in any way I think just contradicts common sense,' said Reilly, who has been consistently critical of mixed-martial arts. 'The UFC people have been saying for several years that it was inevitable that this would become legal in New York, and that simply hasn’t happened. The people of New York, I think, don’t want it.'

My UFC on FOX Predictions

2011-11-12T11:11:00.000-05:00

My UFC on FOX predictions via Tapology--title fight is tough to pick, but I am going with JDS by KO. Also, I like Pacquiao by KO.

Fight Lawyer

Overeem Sues Golden Glory et al. -- Quick Summary of the Complaint

2011-11-09T22:00:00.000-05:00

As first reported at TMZ, Allistair Overeem has sued his managers seeking "unspecified damages -- and he wants a court order to break his contract with the management team ASAP."

I have now had an opportunity to review the complaint.

Overeem is suing "Knockout Investments, B.V., Golden Glory, Golden Glory California, Bas Boon" and a bunch of "Does." According to the complaint, KOI is the legal entity that manages Overeem and allegedly KOI performs its management function through its affiliate, Golden Glory.

According to the allegations in the complaint, Overeem's contract with KOI and GG was signed in July 2007 and is for a 5-year term. The agreement has an automatic renewal provision (for another five-years) unless either party does not want to renew and then any such notice must be served six months before renewal.

The agreement provides that KOI and GG were to provide a number of services--Overeem alleges that some of these terms are ambiguous and unenforceable (e.g., "acting as a 'confidential agent,'" "looking for personal sponsors," and "making publicity") in a personal services contract.

Under the agreement, Overeem alleges that KOI and GG are entitled to 35% of Overeem's pre-tax income. Overeem alleges that under the contract the same 35% is due "for any deals 'within one year after this contract has expired and/or were prepared during the duration of this agreement.'" Overeem claims the management agreement also includes a provision that fines Overeem $10,000 for any breach of the agreement and a $5,000 per-day penalty for each day the violation continues.

Overeem asserts two claims--one for breach of contract seeking "an amount in excess of $151,000" and a judicial declaration concerning the parties' respective rights under the management contract. Essentially, he wants the court to declare that KOI and GG are not entitled to his UFC money. Overeem also seeks an accounting.

A few thoughts -- and I am doing this quickly. The liquidated damages clause -- i.e., the 10k penalty and 5k a day add on as the violation continues-- is not, in my view, by any stretch of the imagination enforceable. That said, there is no allegation that I saw that KOI or GG are seeking to enforce that provision. So it may be a moot point.

Turning to the crux of the complaint. Overeem lists a bunch of "failures" on the part of KOI and GG -- chiefly, failures to pay, including money from FEG, Dream/K-1s parent, but he really alleges nothing specific, e.g., an amount. He also claims he was not "properly informed" and alleges that KOI and GG failed to "protect [his] interests." Overeem also alleges that he believes KOI and GG received some undisclosed bonus arising from Overeem's signing with the UFC--nothing more.

While certainly some of the provisions in the agreement could have been written more eloquently, whatever services Golden Glory provided, it seems pretty clear based on my read of the complaint (which is biased for Overeem) it is entitled to 35% of his pre-tax income and it also seems pretty clear that they have a trailing commission for a year even after the contract has expired. Some of the allegations arguably make KOI and GG look bad, e.g., allegedly managing him in jurisdictions where KOI and GG were not licensed and allegedly pushing him to fight when injured. But not sure that gets him around the 35% or somehow renders the management contract a nullity.

In any event, I read this quickly but sounds like Golden Glory has a nice little claim for the UFC 141 income, which would presumably include sponsorship money as well.

All of this said, let's see how the story unfolds as there may be more out there.

Fight Lawyer

Randy Couture to Headline MMA World Expo in NYC in December

2011-11-03T12:37:00.001-04:00

Looking forward to this year's MMA Expo. As set forth below from this press release, I plan on participating on a panel with Nick Lembo and Dr. Wulkan on Sunday. Also, plan on participating on a panel on Saturday with Eddie Goldman and Steve Koepfer.

For Immediate Release

Contact: Paul Paone

212-956-4720

paul@mmaworldexpo.com

MMA Legend Randy Couture to Headline 3rd Annual MMA World Expo in NYC, Dec 17 & 18, 2011

2011 Event Features MMA Legend Randy Couture, Renzo Gracie BJJ Open 2011 Tournament, All-New Alternate MMA-Style Tournament, Exhibit Hall with Leading MMA Products and Services, Training-with-the-Masters Seminars, MMA Business Classes, Special Events and More!

New York, NY - The mixed martial arts community will reconvene this December in New York City as the 3rd annual MMA WORLD EXPO returns to the Jacob Javits Convention Center (in the North Pavilion). The Saturday through Sunday Expo will feature an exhibit hall full of leading MMA products and services, professional MMA fighters, autograph sessions, live tournaments, training sessions, business seminars and special events.

General Admission tickets for the Expo are $20 in advance and $25 on-site for a day pass, $35 in advance and $45 on-site for a two-day pass and will go on sale Tuesday, November 1st on the show website, www.MMAWorldExpo.com. In addition to the complete schedule of events, website visitors may also purchase tickets to training seminars, tournament ring-side seats and official show t-shirts and merchandise.

Leading the list of featured events will be the appearance of MMA Legend, Randy Couture, including the US launch of his new book, The Last Round. Acknowledged by MMA fans around the world as the "greatest MMA champion of all-time," Randy Couture has recently carved out a Hollywood career with co-starring roles in the blockbuster film, The Expendables and other movies. MMA fans will be given the opportunity to pre-purchase an autographed copy of Randy's book, pose for a photo and meet Randy as he promotes his new book. In addition, reservations for the official book launch party Saturday evening following the expo at a nearby NYC hot spot. Tickets for the expo, launch party and special VIP signings will go on sale Tuesday, November 1st on www.MMAWorldExpo.com.

Another MMA legend, Renzo Gracie, will feature his fiercely competitive BJJ tournament at this year's Expo. As with last year's No-Gi tournament, Renzo Gracie has decided to open competition to all athletes willing to take part regardless of their school affiliation. Scheduled for 10am - 7pm on Saturday, December 17th, an anticipated 600 grapplers will participate among 60 divisions including a black and brown belt absolute division. Athletes interested in registering may visit www.rgaevents.com.

An exciting new tournament, GTS Fights!, will be unveiled at the MMA World Expo as a first-of-its-kind fighting style in which competitors will complete individual rounds of No-Gi Jiu Jitsu (G- for Ground) followed by Take Downs (T- for Take Downs), and followed by Muay Thai (S- for Striking). The experimental tournament is being billed as an alternate -style mixed martial arts event that stays within the confines of NYS law prohibiting MMA fights. "GTS Fights! is a natural progression for the MMA World Expo where we have held all 3 disciplines separately", said Paul Paone, MMA World Expo founder and GTS Fights! creator. "A true mixed martial arts athlete has mastered to some extent these 3 critical aspects of fighting and this new tournament will expose the competitors' potential strengths and weaknesses within the respective disciplines", Paone continued. The new tournament will feature 4 weight divisions and a total of 16 competitors. Prelim rounds take place on Saturday, December 17th and finals on Sunday, December 18th. Ring-side seats are available for a fee. Standing-room viewing is free with Expo admittance. Tickets go on sale Tuesday, November 1st on www.MMAWorldExpo.com.

The 2011 exhibit hall will feature the leading MMA vendors offering apparel, gear & equipment, health & nutrition, MMA instruction, publications and more. Show-only discounts will be available for the public and wholesale/volume deals are on tap for qualifying MMA business attendees.

Also within the exhibit hall will be a variety of special events will include Military hand-to-hand combat presentations, Capoeira performances and a virtual dream team of legendary fighters and trainers including: Renzo Gracie (World-Famous BJJ Master), Jimmy Pedro (current USA Judo Olympic Team Coach), Kru Phil Nurse (Muay Thai trainer to UFC Champions Frankie Edgar, Jon Jones & Georges St-Pierre, and Marcelo Garcia (BJJ Legend), will once again conduct training seminars within their respective disciplines. Newcomers and seasoned fighters alike will gain unprecedented access to the world's leading MMA instructors all under one roof at one time. Seminars will take place on both show days. Ticketing and schedule information is online at MMAWORLDEXPO.COM

As in previous years, the MMA WORLD EXPO will conduct an in-depth panel discussion on the legalization issues surrounding MMA in New York State. State officials, reporters, practitioners, coaches, fans and NY MMA support groups will gather in an effort to pave a pathway to MMA legalization in New York. Panelists include: New Jersey Athletic Commission executive, Nick Lembo, Justin Klein, a partner of the law firm Satterlee Stephens Burke & Burke in New York City aka The Fight Lawyer and founder of the New York Mixed Martial Arts Initiative, Dr. Sheryl Wulkan, MMA/Muay Thai physician for the NJ State Athletic Control Board, licensed ringside physician with the New York Athletic Commission and current Chair for the Association of Boxing Commissions Combat Sports Medical Committee, Combat Sports veteran reporter and No Holds Barred host, Eddie Goldman, and Steve Koepfer, NY Combat Sambo head coach and founder of Coalition to Legalize MMA in NY. In addition, free business seminars designed to teach MMA school owners new sales strategies, share best practices, and network with the leading MMA business owners in the northeast will be offered as part of the 2011 agenda. Nutrition and training seminars will also be offered and are free to all attendees.

Exhibit and sponsorship sales are now open via: http://www.mmaworldexpo.com/exhibit2011.php

# # #

For more information and/or interviews with participants please contact Paul Paone

MMA WORLD EXPO; 212-956-4720; paul@mmaworldexpo.com

About the MMA World Expo: The MMA WORLD EXPO is a 2-day conference and expo designed for the mixed martial arts community, its fans, practitioners, suppliers and stars. Launched in 2009, the event has been held at the Jacob Javits Convention Center in Midtown, Manhattan and features an exhibition hall displaying a wide variety of MMA vendors, service providers, gyms, educational sessions for MMA business owners, general interest MMA lectures, hands-on MMA training, live tournaments, celebrity appearances and autograph sessions and more. Past celebrities and notable guests have included professional athletes: Renzo Gracie, Wanderlei Silva, Matt Hughes, Jon Jones, Fabricio Werdum, Carlos Condit, Jim Miller, Dan Miller, Ben Saunders and trainers: Kru Phil Nurse, Marcelo Garcia, Ricardo Liborio, Vitor Shaolin Ribeiro, and NYS Athletic Commission Chairwoman, Melvina Lathan. M-1 Global's Executive Director, Evgeni Kogan. Notable past vendors have included: Everlast, Combat Sports, HDNet FIGHTS, Vitamin Shoppe, Zebra Mats, MET-Rx, 5-Hour Energy, US Army. The event founder and organizer is Paul Paone.

New York Mixed Martial Arts Initiative (NYMMAI) Fundraiser to Support Self-Defense Programs

2011-10-25T13:47:00.000-04:00

FOR IMMEDIATE RELEASE

New York Mixed Martial Arts Initiative (NYMMAI) Fundraiser to Support Self-Defense Programs for Youth in East Harlem Set for October 29

NEW YORK, NY - October 25, 2011 - The New York Mixed Martial Arts Initiative (NYMMAI) is pleased to announce that its annual fundraiser will take place on Saturday, October 29, 2011 from 7 PM to 12 AM in midtown Manhattan in the heart of Hell’s Kitchen. The fundraiser will support the NYMMAI’s community outreach effort, which currently includes a beneficial after school self-defense program for public high school students in East Harlem.

Attendees of the NYMMAI fundraising event will have the unique opportunity to meet key players in the mixed martial arts industry and local professional MMA fighters such as Ryan LaFlare and “The Ultimate Fighter” reality show contestant Dennis Bermudez. All proceeds will benefit the NYMMAI, a 501(c)(3) tax exempt organization.

According to NYMMAI founder, Justin Klein, “We are now in year two of our support for what has become an incredible and very effective after school self-defense program for high school students in East Harlem.”

Klein went on to say, “The program has effectively served as an anti-violence and emotional support group for the students who participate. Our hope is that we can continue to support even more programs throughout the city that contribute to the students’ overall confidence, safety and well-being.”

During the fundraiser the UFC 137 Pay-Per-View will be shown live, food and beverages will be served, and there will also be a private screening of the feature documentary film, “New York Mixed Martial Arts.” Attendees will be presented with gift bags featuring items from various NYMMAI supporters and sponsors.

The NYMMAI fundraising event will coincide with a charity auction on Charity Buzz, an additional effort to raise funds to support NYMMAI’s free after school programs and youth outreach.

*Below are just a few of the highly sought after items that will be auctioned off during the NYMMAI Charity Buzz auction:

• Two ringside tickets to the WWE “Survivor Series” event at Madison Square Garden. For the first time in 8 years “The Rock” will be joining John Cena and many other WWE Superstars, as he makes his return!

• MMA gloves signed by UFC middleweight champion Anderson Silva, Vitor Belfort, Forrest Griffin, Rich Franklin, UFC light heavyweight champion Jon Jones and Ryan Bader

• MMA gloves signed by Rampage Jackson, Rashad Evans, Michael Bisping, Dan Miller, Antonio Rogerio Noguera, and Diego Sanchez

• Lunch in California with Frank “The Legend” Shamrock. Shamrock is a legendary mixed martial arts fighter and popular MMA color commentator on CBS, Showtime, and ESPN2 and actively supports anti-bully initiatives such as the NYMMAI program.

• A three night all-inclusive stay for two at Sol Melia’s Paradisus at the Punta Cana Resort in the Dominican Republic.

• MMA gloves signed by UFC heavyweight champion Cain Velasquez

• MMA gloves signed by Fedor Emeliananko

• Fight shorts signed by Daniel Cormier

• MMA Elite shirt signed by UFC Veteran Mark Coleman

*To participate in the Charity Buzz auction, please go to www.charitybuzz.com/support/nymmai.

Supporters are encouraged to join the ‘New York Mixed Martial Arts Initiative’ on October 29, 2011 from 7 PM to 12 AM in mid-town Manhattan for their annual fundraising event. MMA enthusiasts can watch the fights and mingle with NYMMAI special guests, all while supporting a great cause!

Tickets to attend this exclusive fundraising event are $100 per person. Tickets must be purchased in advance. Please email info@newyorkmma.org for additional information or to purchase tickets. To learn more about the NYMMAI and the programs that they support, please visit http://www.newyorkmma.org/.

About the New York Mixed Martial Arts Initiative:

NYMMAI is a 501(c)(3) tax-exempt non-profit organization dedicated to preventing bullying, gang participation and domestic violence by providing and supporting community and character-building programs for inner city youth. Currently, NYMMAI is supporting an after school self-defense program for public high school students in East Harlem. For more information on NYMMAI, please log on to www.newyorkmma.org.

###

Media Contact:

Melissa Ingram

602-434-5055

Melissa@ingrampr.com

http://www.ingrampr.com/

Twitter@ingrampr

"Philadelphia v. New York" Muay Thai in Atlantic City this Weekend

2011-10-19T17:11:00.000-04:00

Here is the press release for the full rules professional and amateur muay thai fights this weekend down in Atlantic City that I will be attending.

The last event at the Beacon in the city was excellent and this event should be no different.

NEWS RELEASE

“Philadelphia versus New York”

Justin Greskiewicz vs. Eddie Martinez Main Event

To Headline “Battle At Bally’s” Muay Thai Kickboxing Event in Atlantic City

Saturday, October 22 at Bally’s Grand Ballroom

New York, NY (October 19, 2011) – TaKe On Productions, New York’s premiere Muay Thai promotion, and MSG Sports announced today that the “Battle at Bally’s” Muay Thai Kickboxing event will be headlined by a new Main Event featuring Justin “The Purple People Eater” Greskiewicz versus Eddie “The Knockout Artist” Martinez on Saturday night at Bally’s Grand Ballroom.

This full rules professional and amateur Muay Thai event live from the Bally’s Grand Ballroom in Atlantic City is being sanctioned by the New Jersey State Athletic Control Board, and will feature an explosive fight card including the best professional and amateur Muay Thai fighters, competing under full Thai rules which allow for forceful knee and elbow strikes.

Tickets are available via: www.thegarden.com , all Ticketmaster locations, the Bally’s box office, and at Muay Thai and MMA gyms throughout NY, NJ, and PA. Special event VIP packages will also be available via www.TakeOnProductions.com, along with fighter information, and other exciting content. “Battle at Bally’s” is being produced by TaKe On Productions in association with MSG Sports.

Headlining this Saturday’s “Battle at Bally’s” Muay Thai Kick Boxing event will be Justin “The Purple People Eater” Greskiewicz (14-9, Cool Hearts Muay Thai, Philadelphia) vs. Eddie “The Knockout Artist” Martinez (28-4, 1-0-2, 19 KO’s, 5 Points Academy, New York). Greskiewicz has fought all of the top North American Muay Thai fighters including Kevin Ross and Omar Ahmed now looks to take down Martinez who fought to a draw with main event participant Turan Hasanov on the “Battle at the Beacon” card.
Other featured bouts on the card include:

• Nick Vaughan (12-1, The Wat) vs. Jessie Cronier (8-3, Sudbury Muay Thai) – Vaughn trains under legendary Muay Thai Master Kru Phil Nurse, and recently won the WKA 165 lbs North American Title. Cronier hails from combat sports crazed Ontario, Canada, and has trained under Muay Thai legend Coban "The Cruncher" Lookchaomaesaitong.

• Jay Matias (12-5, Sitan Gym NYC) vs. Jake Mainini (12-1, Boston Muay Thai) – Matias trains under World Champion Muay Thai coach Aziz Nabih, and is one of the country’s top 5 amateur fighters. He is the WKA North American light weight champion, and will be making his professional debut. Mainini, who holds an outstanding 12-1 record, went to Thailand to train for his extremely tough opponent.

This exciting event will also showcase top female Muay Thai talent, including Prairie Rugilio from Girl Fight MMA, Wat Sriboonbang from the revered Church Street Boxing Gym, and Molli Barg representing Cool Hearts Muay Thai.

Full bout sheet is listed below, subject to change. Media is invited to attend the fighter weigh-ins on Friday, October 21 at 7:00pm, in the Bally Room located on the 6th floor of Bally’s Casino (adjacent to Bally’s Grand Ballroom).

The “Battle at Bally’s” event will also be streamed live via internet PPV provider GoFightLive (GFL.tv) at a cost of $14.99.

Red Corner WEIGHT Blue Corner WEIGHT

1 A 3X2 Kerry Boughton (0-0) 155lbs Andrilo Suarez (0-0) 155lbs

Black & Blue MMA NY American Killer Bees

Result:

2 A 3X2 Rich Brattole (5-2) 152lbs Tim Scmeier (4-2) 152lbs

Weapons 9/Strategic Combat Sitan Gym NY

Result:

3 A 3X2 Heath Walton (2-0) 175lbs Vs. Flavio Brito (2w-2L-1D) 175lbs

The Wat Boston Muay Thai

Result:

4 A 3X2 Caitlyn Dempsey (0-0) 162lbs Vs. Christina Rodriguez (1-0) 162lbs

Impact Martial Arts Girl Fight MMA NJ

Result:

5 A 3X2 Ramon Maldonado (1-1) 185lbs Vs. Tim Sylver (2-1) 185lbs

Performance Muay Thai Daddis Fight Camp

Result:

6 A 3X2 Molli Barg (0-1) 120lbs Vs. Watt Sriboonruang (0-2) 120lbs

Cool Hearts Muay Thai Church St Boxing NY

Result:

FULL THAI RULES FULL THAI RULES

7 A 5X2 Chris Mauceri (4-2) 150lbs Vs. Omar Estevez (4-2) 150lbs

Black & Blue MMA Sitan Gym NY

Result:

8 A 3X2 Andre Miller (1-0) 155lbs Vs. Anthony Bryson (0-0) 155lbs

Performance Muay Thai Choice Martial Arts

Result:

9 A 3X2 Tianna Uman (1-2) 123lbs Vs. Prairie Rugilo (2-1) 123lbs

The Wat Girl Fight MMA

Result:

10 A 3X2 Casey Von Brookhaven (1-0) 185lbs Vs Ariel Abreu (1-1) 185lbs

Performance Muay Thai Camp Undefeated

Result:

11 A 3X2 Ruben Lopez (3-1) 140lbs Vs. Anthony Santiago (2-0) 140lbs

The Wat Weapons 9/Strategic Combat

Result:

FULL THAI RULES FULL THAI RULES

12 P 5X3 Jake Mainini (0-0) Pro Debut 135lbs Vs. Jay Matias (0-0) Pro Debut 135lbs

Boston Muay Thai Sitan Gym NY

Result:

FULL THAI RULES FULL THAI RULES

13 A 5X2 Nick Vaughan (12-1) 165lbs Jessie Cronier (8-3) 165lbs

The Wat Sudbury, Ontario, Canada

Result:

FULL THAI RULES FULL THAI RULES

14 P 5X3 Justin Greskiewicz (14-9) 147lbs Eddie Martinez (1w-0L-2D) 147lbs

Cool Hearts Muay Thai Sitan Gym NY

About The Madison Square Garden Company

The Madison Square Garden Company is a fully-integrated sports, media and entertainment business. The company is comprised of three business segments: MSG Sports, MSG Media and MSG Entertainment, which are strategically aligned to work together to drive the company's overall business, which is built on a foundation of iconic venues and compelling content that the company creates, produces, presents and/or distributes through its programming networks and other media assets. MSG Sports consists of owning and operating sports franchises, including the New York Knicks (NBA), the New York Rangers (NHL), the New York Liberty (WNBA), and the Connecticut Whale (AHL). MSG Sports also features the presentation of a wide variety of live sporting events including professional boxing, college basketball, track and field and tennis, as well as MSG Action Sports, an action sports and lifestyle division. MSG Media is a leader in production and content development for multiple distribution platforms, including content originating from MSG's venues. MSG Media consists of the MSG Networks (MSG, MSG Plus, MSG HD and MSG Plus HD) regional sports networks and the Fuse Networks (Fuse and Fuse HD), a national television network dedicated to music. MSG Entertainment is one of the country's leaders in live entertainment. MSG Entertainment creates, produces and/or presents a variety of live productions, including the Radio City Christmas Spectacular featuring the Radio City Rockettes. MSG Entertainment also presents or hosts other live entertainment events such as concerts, family shows and special events in MSG's diverse collection of venues. These venues include Madison Square Garden, Radio City Music Hall, the Theater at Madison Square Garden, the Beacon Theatre, the Chicago Theatre and the Wang Theatre. More information is available at www.themadisonsquaregardencompany.com.

About TaKe On Productions

TaKe On Productions came onto the fight scene in 2009, and rapidly became the top Muay Thai fight promotion company in New York. TaKe On has brought fight fans many exciting Professional and Amateur Thai boxing events, including the legendary Battle at the Beacon, and the $10K Pro Tournament where 8 Pro fighters competed in a one night to take home the title and the prize. Take On events always showcase the best local, national and international talent, from up and coming prospects to seasoned veterans of the sport. For more information, visit www.TaKeOnProductions.com

About Bally’s Atlantic City:

At Bally’s Atlantic City, guests can choose their experience from three casinos: Bally's, the Wild Wild West Casino and Claridge Casino. With multiple dining destinations, four hotel towers, an unrivaled hotel spa, an acclaimed beach bar, big name entertainment and championship boxing and MMA fights, Bally’s certainly defines being in The Center Of The Action. Bally’s is located at the famed address of Boardwalk and Park Place in Atlantic City, New Jersey. For more information, call 609-340-2000 or visit www.ballysac.com.

UFC 136 Predictions

2011-10-08T10:27:00.000-04:00

My UFC 136 predictions via Tapology:

Think there are some really interesting fights tonight. Could see Edgar Maynard, Sonnen Stann and Aldo Florian going either way.

Fight Lawyer

Full Rules Muay Thai In Atlantic City

2011-10-06T17:02:00.001-04:00

Looking forward to heading down to Atlantic City to check out these muay thai fights being presented in association with my friends at MSG.
FULL RULES MUAY THAI KICKBOXING COMES TO ATLANTIC CITY

“BATTLE AT BALLY’S” SET FOR SATURDAY, OCTOBER 22

AT BALLY’S GRAND BALLROOM

Tickets Go On Sale Friday, September 30, 2011

New York, NY (September 29, 2011) – TaKe On Productions, New York’s premiere Muay Thai promotion, and MSG Sports announced today “Battle at Bally’s”, a full rules professional and amateur Muay Thai event live from the Bally’s Grand Ballroom in Atlantic City on Saturday, October 22. Sanctioned by the New Jersey State Athletic Control Board, this event will feature an explosive fight card including the best professional and amateur Muay Thai fighters, competing under full Thai rules which allow for forceful knee and elbow strikes.

Tickets go on sale Friday, September 30, and start at just $50. Tickets will be available via: www.thegarden.com , all Ticketmaster locations, the Bally’s box office, and at Muay Thai and MMA gyms throughout NY, NJ, and PA. Special event VIP packages will also be available via www.TakeOnProductions.com, along with the full fight card, fighter information, and other exciting content. “Battle at Bally’s” will be produced by TaKe On Productions in association with MSG Sports.

“Following eleven sell-outs in Queens, and a truly history-making event at the iconic Beacon Theatre, we are thrilled to partner with MSG Sports to bring the internationally acclaimed martial art of Muay Thai kickboxing to the Bally’s Grand Ballroom. This is another huge milestone for TaKe On Productions and our athletes,” said company CEO Mike Gasparski.

“With Mixed Martial Arts not sanctioned yet in New York, combat sports fans in this area have flocked to Muay Thai kickboxing. To fans that prefer stand up battles, Thai boxing is even more exciting,” added company President Eddie Cuello.

"After an exhilarating and successful event at the Beacon Theatre in July, Bally's in Atlantic City seems like the perfect extension and location for our next Muay Thai kickboxing event in partnership with TaKe On Productions," said Scott O'Neil, president, MSG Sports.

“As Atlantic City’s destination for boxing and mixed martial arts, the partnership with TaKe On Productions and MSG to bring Muay Thai to Atlantic City is a natural fit,” said Daniel Brockdorf, Regional Vice President of Database Marketing at Caesars Entertainment Corporation. “Bringing another form of entertainment to Bally’s ensures that we remain the center of the action in Atlantic City.”

Featured bouts for this thrilling twelve bout card include:

• Sean Hinds (16-5, Mushin MMA) vs. James Martinez (21-8) – Hinds trains at Mushin gym alongside UFC Fighters Georges St-Pierre and John Cholish, and pro MMA fighter Erik Owings. Martinez is a K-1 veteran, and also competed on “The Contender: Muay Thai”.

• Justin “The Purple People Eater” Greskiewicz (14-9, Cool Hearts Muay Thai) vs. Eddie “The Knockout Artist” Martinez (28-4, 1-0-2, 19 KO’s, 5 Points Academy) - Greskiewicz has fought all of the top North American Muay Thai fighters including Kevin Ross and Omar Ahmed. Martinez fought to a draw with Turan “The Tornado” Hasanov on TaKe On’s recent “Battle at the Beacon” card.

• Nick Vaughan (12-1,The Wat) vs. Chase Walden (13-2, Hybrid Training Center) – Vaughn trains under legendary Muay Thai Master Kru Phil Nurse, and recently won the WKA 165 lbs North American Title. Walden hails from Virginia Beach, VA, and holds an impressive 13-2 record.

• Jay Matias (12-5, Sitan Gym NYC) vs. Jake Mainini (12-1,Boston Muay Thai) – Matias trains under World Champion Muay Thai coach Aziz Nabih, and is one of the country’s top 5 amateur fighters. He is the WKA North American light weight champion, and will be making his professional debut. Mainini, who holds an outstanding 12-1 record, went to Thailand to train for his extremely tough opponent.

This exciting event will also showcase top female Muay Thai talent, including Prairie Rugilio from Girl Fight MMA, Wat Sriboonbang from the revered Church Street Boxing Gym, and Molli Barg representing Cool Hearts Muay Thai.

The “Battle at Bally’s” event will also be streamed live via internet PPV provider GoFightLive (GFL.tv) at a cost of $14.99.

The Madison Square Garden Company

The Madison Square Garden Company is a fully-integrated sports, media and entertainment business. The company is comprised of three business segments: MSG Sports, MSG Media and MSG Entertainment, which are strategically aligned to work together to drive the company's overall business, which is built on a foundation of iconic venues and compelling content that the company creates, produces, presents and/or distributes through its programming networks and other media assets. MSG Sports consists of owning and operating sports franchises, including the New York Knicks (NBA), the New York Rangers (NHL), the New York Liberty (WNBA), and the Connecticut Whale (AHL). MSG Sports also features the presentation of a wide variety of live sporting events including professional boxing, college basketball, track and field and tennis, as well as MSG Action Sports, an action sports and lifestyle division. MSG Media is a leader in production and content development for multiple distribution platforms, including content originating from MSG's venues. MSG Media consists of the MSG Networks (MSG, MSG Plus, MSG HD and MSG Plus HD) regional sports networks and the Fuse Networks (Fuse and Fuse HD), a national television network dedicated to music. MSG Entertainment is one of the country's leaders in live entertainment. MSG Entertainment creates, produces and/or presents a variety of live productions, including the Radio City Christmas Spectacular featuring the Radio City Rockettes. MSG Entertainment also presents or hosts other live entertainment events such as concerts, family shows and special events in MSG's diverse collection of venues. These venues include Madison Square Garden, Radio City Music Hall, the Theater at Madison Square Garden, the Beacon Theatre, the Chicago Theatre and the Wang Theatre. More information is available at www.themadisonsquaregardencompany.com.

UFC on Versus 6 Predictions

2011-10-01T13:44:00.000-04:00

Here are my UFC on Versus 6 predictions via Tapology:

Fight Lawyer

UFC 135 Predictions

2011-09-24T10:09:00.000-04:00

Here are my predictions for tonight's fights via Tapology.

Part of me feels like Rampage could pull this off with the early KO -- so if I was a betting man I would probably put money the other way with those odds.

Fight Lawyer

Justin.tv Files Motion to Dismiss in Zuffa Action

2011-09-21T17:01:00.001-04:00

Following up on my post, Zuffa Files Lawsuit Against Justin.tv -- Quick Analysis of Justin.tv's Likely DMCA Defense, on September 16, 2011 Justin.tv filed a motion to dismiss certain claims (5-12) in Zuffa's amended complaint.

In its moving brief, and at the outset, Justin.tv states that despite its "best efforts to find an acceptable resolution to this legally baseless case that should never have been filed, Zuffa has drawn a line in the proverbial sand in what appears to be little more than an attempt to impose legal expenses on Justin.tv, rather than present a legitimate case to this Court."

Notably, Justin.tv only moves to dismiss the non-copyright claims, but notes that it will demonstrate at a later time (as discussed in my earlier post) that it "is shielded from liability for copyright infringement under the 'safe harbor' protections of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)."

With respect to the non-copyright claims, Justin.tv argues that: (1) the trademark claims are really dressed-up, "recycled" copyright claims (and, therefore, subject to dismissal) and that Zuffa has failed to allege sufficient facts to support a finding of likelihood of confusion as to the source of the materials transmitted through Justin.tv; (2) Zuffa's claim for deceptive trade practices fails "because such a claim is barred both by the Copyright Act and the immunity for interactive computer service providers codified in Section 230 of the Communications Decency Act"; and (3) Zuffa's claims for violations of the Communications Act are barred by Section 230 of the Communications Decency Act, and also lack merit because the Communications Act is inapplicable to the alleged infringing activity."

I will continue to monitor.

Fight Lawyer

Government Alleges Full Tilt Poker was a Ponzi Scheme

2011-09-20T12:42:00.000-04:00

According to this article over at the Wall Street Journal:

The U.S. Attorney in the Southern District of New York filed a motion Tuesday to amend an earlier civil complaint to allege that Mr. Ferguson, Mr. Lederer and two other directors for the website, Full Tilt Poker, operated what the Justice Department says was a Ponzi scheme that allowed the company to pay out $444 million to themselves and other owners, which included other famous poker players.

Specifically, according to the article Preet Bharara, the United States Attorney for the Southern District of New York, issued the following statement:

Full Tilt 'cheated and abused its own players to the tune of hundreds of millions of dollars' and 'insiders lined their own pockets with funds picked from the pockets of their most loyal customers while blithely lying to both players and the public alike about the safety and security of the money deposited with the company.'

My earlier coverage of the Full Tilt action is here.

Fight Lawyer

Strikeforce Predictions

2011-09-10T16:06:00.000-04:00

Here are my predictions for tonight's fights via Tapology:

Fight Lawyer

"A Fighting Spirit"

2011-09-08T12:19:00.000-04:00

Check out the short film below directed by Kahleem Poole-Tejada (director of the full-length documentary “New York MMA”) and produced by Matthew Kaplowitz (Editor-in-Chief of TheFightNerd.com) in association with Ranger Up.

The film "interviews members of the NY martial arts community and discusses where they were when the Towers collapsed, how they have coped, and how New York and America have grown stronger."  

Fight Lawyer

Boxer Fernando Guerrero Sues Promoter for, inter alia, Allegedly Violating the Muhammad Ali Boxing Act

2011-09-07T12:42:00.001-04:00

On September 6, 2011, Fernando Guererro, a professional boxer with a "professional record" of "twenty-one wins and one loss," filed a complaint against Prize Fight Promotions, LLC arising from a 2007 "promotional agreement whereby Prize Fight became Mr. Guerrero’s exclusive boxing promoter."

The crux of the complaint is the allegation that "[o]n multiple occasions, the last of which occurred in Mr. Guerrero’s most recent fight, Prize Fight knowingly failed to provide Mr. Guerrero with the required disclosures and directly violated the Muhammad Ali Boxing Reform Act by accepting payment for bouts in which Mr. Guerrero participated."

Guerrero seeks a declaratory judgment that "the Agreement has been materially breached by Prize Fight [based on the alleged violation of the Ali Act] and properly terminated without any further obligation on Mr. Guerrero’s part."

Guerrero also asserts a direct claim for breach of the Ali Act as well as claims for breach of contract.

Essentially, at 10,000 feet, Guerrero is seeking a judicial determination that he can get out of his exclusive promotional deal with Prize Fight and he is using the alleged Ali Act violations as the basis (for all of his claims) to do so.

Fight Lawyer

Mikey Burnett Ordered to Pay Zuffa et al.'s Attorney's Fees ($52,996.00)

2011-08-23T11:09:00.002-04:00

Following up on my posts, Zuffa Seeks $52,996.00 In Attorney's Fees From Mikey Burnett and Mikey Burnett Responds to Zuffa's Request for Attorney's Fees, and as predicted, Judge Gloria M. Navarro of the United States District Court for the District of Nevada has granted Tufguy Productions, Inc.; Ultimate Fighting Productions, LLC; and Zuffa, Inc.'s motion for attorney's fees.

For the background of the case, see my post on the Judge's decision on summary judgment and other earlier posts.

The Judge's decision on attorney's fees is not surprising -- as I noted in my earlier post addressing Mikey Burnett's response to Zuffa et al.'s motion:

Given the weakness of the opposition, i.e. the fact that the fees were not challenged as unreasonable and/or unnecessary and the fact that plaintiff did not even address the merits of the contractual arguments, I think the motion for attorney's fees will be granted.

And Judge Navarro held as follows in her decision:

Because Plaintiff has failed to address the substance of Defendants’ Motion and because the Court finds that the contracts provide for attorney’s fees, reasonable fees can be awarded to Defendants.

For more on the substance of the contracts, see my earlier post addressing defendants' motion.

The Court next analyzed whether the purported fees were reasonable and found that they were.

Accordingly, the Court awarded defendants $52,996.00 in attorney’s fees.

Fight Lawyer

FOX Deal May be Just what New York Needs in the Mixed Martial Arts Legalization Fight

2011-08-19T12:37:00.000-04:00

I am certainly not alone in my view that the reported seven (7) year Fox/UFC deal is monumental for the sport of mixed martial arts on a number of levels. As Kevin Iole points out over at Yahoo!, Dana White is a winner because he has fulfilled a dream of taking the UFC to network television, Fox is a winner because it is tapping into a sport that appeals to the highly coveted 18-34 demographic, but “[n]o one, though, will benefit more than those who have turned the sport into what it is: its fighters.”

Perhaps this is implicit, but let’s not forget about the fans of the sport that will now be exposed to a better, more refined production that will be available, as I understand, almost every day of the week. Add to this the increased exposure the sport will receive with people who are otherwise not familiar with its intricacies, and I think the fan base should grow exponentially in the coming years.

For me (and many New Yorkers) I believe there is also significance to this deal that should not be overlooked – indeed, it should be capitalized on. As you may recall, on November 17, 2010, I wrote an article for MMA Payout, A History Lesson (or History’s Lesson) on Mixed Martial Arts in New York, where I traced the history of the sport and the circumstances that ultimately led to the ban on the sport in New York in 1997. In this article, I pointed out that the key to reversing the ban, in my view, was to increase exposure through, inter alia, the mainstream media to convince the public that this sport is not what it once was.

Regrettably, New York politics is a tricky beast, i.e., even though the votes are there to pass the bill that would legalize mixed martial arts, the political process (if we can call it that) has derailed the bill year-after-year. This is not dissimilar to the political situation in the late 90s where the votes were there to make the sport illegal but the then Senate leader was preventing a vote on that bill. Ultimately, the New York Times jumped on the legality of what it deemed barbaric and this and the resulting public reaction led to a complete 180—mixed martial arts went from legal to illegal virtually overnight.

Now (as then) I think the commitment by Fox, a major network based out of New York, to the UFC and mixed martial arts can help shine the light on, and expose, the superficial, strawman arguments of the opposition, e.g., Assemblyman Bob Reilly. Once the public understands the sport—and New Yorkers understand that the state is losing money to neighboring states because it fails to sanction a sport that is not only legal in 45 states but is on network television, the pressure to put the bill to a vote should overwhelm any purported countervailing forces at play.

While I realize Zuffa tentatively plans on doing the first Fox event in Anaheim in November, New Jersey would be a solid option to show both Governor Cuomo (and New Yorkers) that mixed martial arts is here to stay both in our backyard and on network television.

This could be monumental for New York as the budget process gets underway.

Fight Lawyer

Support the New York Mixed Martial Arts Initiative with your T-Shirt Purchase

2011-08-15T13:13:00.000-04:00

The New York Mixed Martial Arts Initiative's friends over at Flatline Fighting have created a sponsorship T-shirt for the organization--a portion of the proceeds are donated to the non-profit and help to keep the program running.

Here is the shirt:

You can place your orders here.

Thanks for your support.

Fight Lawyer

UFC on Versus 5 Predictions

2011-08-14T15:12:00.000-04:00

Here are my predictions for tonight's fights via Tapology -- should be a solid card:

Fight Lawyer

Pacquiao Seeks Default Judgment and Sanctions Against Mayweather for Misconduct

2011-08-08T16:38:00.000-04:00

Check out this recent filing by Pacquiao in his defamation action against Floyd Mayweather, Jr.

According to the document, Mayweather has allegedly continued to make defamatory statements about Manny, including the following:

• During an interview in January 2011, Mayweather stated: “When Manny gave blood before the first Morales fight, he lost. He didn’t give blood for the next two fights and he knocked Morales out with ease. A lot of times, people don’t realize, giving blood doesn’t make you weak. Not being able to juice because you have to give blood makes you weak.” (Marroso Decl., Ex. 1.)

• In May 2011, Mayweather bragged to reporters about a boxer under his tutelage: “Unlike Pacquiao, my fighters are all natural.” (Marroso Decl., Ex. 5.)

• During another interview in May 2011 Mayweather said, “so you going to say that [Pacquiao’s] able to go from 105 [lbs] to 154 [lbs], and ya’ll say you know what, ‘it’s all natural.’ That’s all I’m asking.” (Marroso
Decl., Ex. 4.)

Perhaps the more interesting part of the filing is the allegation that while Mayweather has claimed he could not be available for a deposition because of his training regimen for his upcoming fight with Ortiz, there are pictures that purport to show Mayweather partying. Check the link for the pictures.

Fight Lawyer

My UFC 133 Fight Predictions

2011-08-06T16:59:00.000-04:00

Sorry I have been absent lately -- moving apartments in the city which is not too much fun. Finally getting settled so should be up at full speed next week.

In any event, not too excited for this card, but here are my picks via Tapology. In the interest of full disclosure I have been out of the loop so not too sure if there were any weird last minute injuries etc. at play.

Fight Lawyer

Strikeforce Picks

2011-07-30T09:05:00.000-04:00

I was torn on the Henderson Fedor fight given Fedor's recent performances (and, conversely, Henderson's recent performances), but ultimately went with Fedor because I think Henderson will try and stand and will lose that battle.

I was also torn on the Woodley Daley fight--could see Woodley taking a decision, but am going with Daley by KO.

Also, not sure re the Tate fight given her layoff....

Much uncertainty, but looking forward to a solid card tonight.

Here are my predictions via Tapology:

Fight Lawyer

MMA In West Virginia--Athletic Commission Adopting Rules that will Deter Small Promotions?

2011-07-19T16:11:00.001-04:00

Interesting article over at the Charleston Daily Mail, "Delegate says mixed martial arts rules deter promotions," detailing how the West Virginia Athletic Commission is promulgating rules for MMA -- after the recent passage of a law in the state legalizing the sport -- that would supposedly deter small MMA promotions in the state.

Randy Swartzmiller, a Hancock County legislator and one of the sponsors of the bill legalizing MMA in West Virginia, believes the proposed rules "make it too expensive for smaller promoters to hold MMA events in the state" and he also believes "this is a conscious effort by Athletic Commission Chairman Steve Allred, who was a vocal opponent of the sport's legalization, to keep MMA out of the state." (Note: for more information about Allred and his opposition to MMA in West Virginia check out this article, Wild West Virginia: A Look Inside a Commission, from last year over at Sherdog).

Specifically, according to the article in the Daily Mail:

The rules include stipulations that MMA promoters insure every fighter for $100,000, said Sam Minardi, a lobbyist with a major mixed martial arts fight promotion that pushed for legalization. Boxing promoters have to insure their fighters for $20,000 for injuries or accidental death, Minardi said.

MMA rules also include a stipulation that promoters have to put forth a $50,000 bond for an event, he said. Boxing promoters in the state have to put up a $20,000 bond to hold an event, Minardi said.

'This doesn't surprise me,' Swartzmiller said. 'Steve Allred has made comments that he would set prices so high promoters couldn't come here.'

'He (Allred) doesn't care that the people in the state want this,' he said. 'He doesn't care that the Legislature passed this and the governor signed this. He doesn't care because he doesn't want MMA in the state,'

Check out the entire article for additional prohibitive rules.

Fight Lawyer

Muhammad Ali Company Sues Kobo Over ‘Butterfly’ Slogan (via Buisness Week)

2011-07-15T10:45:00.000-04:00

Muhammad Ali Enterprises LLC filed a complaint in the United States District Court for the Southern District of New York "accus[ing] digital bookseller Kobo Inc. . . . of using the former boxer’s “Float like a butterfly, sting like a bee” slogan in an advertisement without permission."

For more on the complaint (and to read the rest of the Business Week article) click here.

Fight Lawyer

MMAPayout Article Discussing Muay Thai in New York and the Martial Arts Exception

2011-07-08T08:45:00.000-04:00

Following up on my post here discussing the muay thai fights tonight at the Beacon, here is an article I wrote at MMAPayout describing the statutory basis for sanctioned muay thai fights in New York despite the ban on "combative sports."

Looking forward to a great night of fights.

Fight Lawyer

Battle at the Beacon -- Muay Thai Fights in the City this Friday

2011-07-05T12:03:00.002-04:00

As you undoubtedly know by now, we are left, yet again, with no MMA in New York this year -- the bill to legalize MMA in New York stalled this year in the New York State Assembly. This does not, however, mean that we are left without the ability to experience combat sports here in New York, including high-level Muay Thai fights.

For the first time this Friday, July 8, my friends at Madison Square Garden (in association with TaKe On Productions-- and sanctioned by the WKA) are holding a Muay Thai event at the Beacon Theater, Battle at the Beacon.

I am really looking forward to a night of great fights.

For more information (and to order tickets) please click on the image below.

Fight Lawyer

The Ringside Doctor -- Via The New York Times

2011-07-05T10:57:00.001-04:00

Video interview (and article) about a New York orthopaedic surgeon, Victor Khabie, who moonlights as a boxing ringside physician in his spare time:

Fight Lawyer

UFC 132 Predictions

2011-07-02T10:22:00.000-04:00

Here are my predictions for tonight's fights via Tapology:

I also like Klitschko in his fight with Haye.

Fight Lawyer

Brett Rogers Arrested & Charged with 4 Counts, Including Domestic Assault by Strangulation

2011-06-30T15:56:00.000-04:00

Coming off his loss to Josh Barnett, Brett Rogers has been arrested and charged with Assault in the Third Degree, Domestic Assault by Strangulation, Pattern of Stalking Conduct, and Endangerment of a Child arising from allegations of domestic abuse.

The Complaint (hat tip Bloody Elbow) is a disturbing read.

Fight Lawyer

My Predictions for UFC on Versus 4

2011-06-26T12:55:00.000-04:00

Here are my predictions for tonight's fights via Tapology:

Fight Lawyer

Golden Boy Top Rank Lawsuit Arising From Profits Generated from Pacquiao Events Dismissed

2011-06-22T15:27:00.001-04:00

I have previously written about the litigation Golden Boy commenced against Top Rank et al. here and here.

Dan Rafael summarized the lawsuit when it was filed in relevant part as follows:

Golden Boy Promotions sued bitter rival promotional powerhouse Top Rank, its chairman, Bob Arum, and chief financial officer David Lopez in federal court Tuesday, accusing them of racketeering and millions of dollars in fraud. Arum denied the allegations. The 23-page suit filed in U.S. District Court in Nevada, and obtained by ESPN.com, accuses Arum of a pattern of purposefully trying to hide millions of dollars Top Rank allegedly owes Golden Boy related to money generated from three Manny Pacquiao fights.

Top Rank then filed a motion to compel arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 2, 6 3 & 4, "on the grounds that (a) in June 2007, Top Rank and plaintiff Golden Boy Promotions entered into a term sheet agreement ("the Term Sheet"); (b) the Term Sheet is a valid agreement that involves and affects interstate commerce; (c) the Term Sheet contains several arbitration provisions, including one that says, '[t]he parties agree that Judge Weinstein shall have binding jurisdiction over any and all disputes arising out of this agreement'; (d) the Complaint in this matter alleges controversies arising out the Term Sheet; and, therefore, (e) the issues raised in the Complaint are 'referable to arbitration.'"

That motion was fully submitted (i.e. fully briefed) in November 2010.

On June 3, 2011 the parties filed a stipulation of dismissal of the action with prejudice that was so-Ordered on June 6, 2011.

As you may recall, earlier this month Pacquiao also settled his defamation lawsuit with Golden Boy.

Seems like the bad blood could be behind these two feuding promoters.

Hopefully, this means we will get to see some great fights.

Fight Lawyer

Talking Mixed Martial Arts in New York with ESPN's Josh Gross on "Gross Point Blank"

2011-06-21T18:27:00.000-04:00

Interview I did with ESPN's Josh Gross on "Gross Point Blank" discussing the MMA legalization effort in New York.

Fight Lawyer

MMA in New York Not Happening in 2011--Stalls in Ways & Means Committee Again

2011-06-20T11:25:00.000-04:00

As predicted (and as in past years), the MMA bill has again stalled in the New York State Assembly after passing the New York Senate and overwhelmingly passing the two committees where it was debated in the Assembly--Tourism, Parks, Arts and Sports Development and Codes.

Unfortunately, the next committee in the process, Ways & Means, has issued its Agenda on this last day of the legislative session and it does not include the bill that would legalize MMA in New York.

While the legislative session could go a few days longer -- until Wednesday or Thursday perhaps -- the bill would still need to pass through W&M and Rules before going to the floor for a vote. This is not going to happen as Herman Farrell, Chair of Ways & Means, has voiced his distaste for MMA:

The Ways and Means chairman said that he’s “looking at” the bill, but said he’s far from a mixed-martial arts fan. “I don’t think very much of the sport,” Farrell said. “Next we’ll give them clubs with spikes on the end; that will be good.”

Moreover, Sheldon Silver, Chair of Rules and Speaker of the Assembly, has stated that he is not "enamored" with the sport.

Despite the setback, there is some room for optimism this year. Indeed, there was more mainstream media attention to the issue, which I believe and have previously written will be critical if we are going to get this done. Moreover, the votes (when votes occurred) were more favorable to MMA than past years.

The fight resumes in 2012.

Fight Lawyer

Strikeforce Predictions

2011-06-18T11:29:00.000-04:00

Here are my predictions for tonight's Strikeforce fights via Tapology:

Fight Lawyer

Court Denies Summary Judgment Motions in Affliction M-1/Fedor Litigation--Interesting Read

2011-06-16T14:00:00.002-04:00

On June 7, 2011, Judge Margaret M. Morrow denied the parties cross-motions for summary judgment in the Affliction v. M-1/Fedor litigation. I have previously posted about the litigation -- most recently here.

The 55 page decision is a VERY interesting read especially with respect to the facts surrounding the "Trilogy" non-event -- in particular the discussions and ultimate agreement between Affliction and the UFC.

Below are some of the interesting points -- note the chronology.

As set forth in the Court's decision, at a "July 13, 2009 meeting, Bassiri and Lawrence Epstein, UFC’s general counsel, discussed the possibility that UFC would assume responsibility for the Trilogy show and postpone it to September 19, 2009, in Dallas. Bassiri told Epstein that Affliction Promotions wanted to leave the MMA promotion business and re-establish its relationship with the UFC."

According to the decision, "[o]n July 21, 2009, M-1 learned from Affliction that the California State Athletic Commission would not renew Josh Barnett’s license because he had tested positive for the use of steroids."

Then, "[o]n July 22, 2009, Atencio offered [Brett] Rogers $500,000 to replace Barnett as Emelianenko’s opponent at the August 1, 2009 Trilogy event," but "Strikeforce, with whom Rogers then had a promotional contract, was not willing to release him from his contract to fight in the Trilogy event, however."

"[O]n July 23, 2009, Strikeforce released Rogers to fight in the event. By that time, however, Affliction Promotions had decided to cancel Trilogy. At 4:00 p.m. that day, Affliction concluded a deal with UFC."

As set forth in the decision, that agreement provided, in part, as follows:

Paragraph 1 of the UFC/Affliction agreement provided: "[E]xcept for any rights that [Affliction] has with respect to Fedor Emelianenko (‘Fedor’) and conditioned upon [Affliction] . . . assign[ing] the agreements between [Affliction] and the [Affliction] Fighters to the UFC, the UFC agrees to assume [Affliction]’s responsibility for payment of the entire purse of the Affliction Trilogy Event which [Affliction] represents is not in excess of $741,000 purse and $370,000 win bonus. . . ." Paragraph 2 stated that "[w]ith respect to Fedor, in the event the UFC is able to come to an agreement with Fedor on terms and conditions satisfactory to the UFC, the UFC shall assume responsibility for payments of Fedor’s purse for the Affliction Trilogy event or cause Fedor to release [Affliction] from its agreement with Fedor." Paragraph 6 required that Affliction Promotions cancel the Trilogy event.

According to the decision, "[p]rior to the time M-1 learned of the cancellation, it had put Emelianenko on his scheduled flight to Los Angeles, and given him footage of both Rogers and Vitor Belfort so that he could study the fighters while in flight. Emelianenko did not learn that Trilogy had been cancelled until he arrived at Los Angeles International Airport with thirty fans from Russia."

Here is the decision:

Affliction SJ Decision

Fight Lawyer

Letter From Assemblyman Murray to Assembly Speaker Silver Urging Advancement of MMA Bill in New York to Assembly Floor Vote

2011-06-14T12:27:00.001-04:00

As I had mentioned in earlier posts, there was a letter that went to Assembly Speaker Silver (cc to Ways & Means Chairman, Herman Farrell) urging him to advance the bill legalizing MMA in New York to the Assembly floor for an up or down vote. The letter hits all of the major points in favor of legalization, including curbing the unregulated, underground fights that are already occurring in New York.

Here is a copy of the letter (hat tip, Times Union, Capitol Confidential):

ufc

Fight Lawyer

Dana White's Opinion Piece in the New York Daily News

2011-06-13T11:02:00.000-04:00

In what is evidently a final push by Zuffa in its effort to get MMA legalized in New York this year, today Dana White has an opinion piece in the New York Daily News, N.Y., stop fighting this sport: Mixed martial arts is safe -- and our economy needs the kick.

In the Op-Ed, Dana White states that MMA is a "safe and respectable" sport that he argues is "every bit as legitimate as boxing or professional football." He includes this necessary disclaimer:

I won't pretend to be objective. I run the Ultimate Fighting Championship, the single most popular MMA promotion company. While I think that our fans here in New York and the city would profit immensely from legalization, it will also certainly affect my bottom line.

The piece tackles safety issues and, of course, the financials. Notably missing is any discussion of the underground fights that are currently taking place in the state and how legalization could help curb the unregulated bouts.

Bottom line, additional (positive) attention to the issue is a good thing. That said, Assembly Speaker Silver basically indicated last week that the bill will die again in committee this year. Roma Locuta Est, Causa Finita Est.

Fight Lawyer

UFC 131 Fight Predictions

2011-06-11T10:50:00.005-04:00

Here are my fight predictions below. I had a tough time with the Florian fight--I think it could go either way, but ultimately went with Nunes due to the weight cut.

Fight Lawyer

HDNet Segment on MMA in New York

2011-06-10T22:08:00.000-04:00

Well done piece by the folks at HDNet covering both sides of the debate, including the union issue (hat tip Josh Gross and @Jayspage):

Fight Lawyer

MMAJunkie.com Radio Show

2011-06-08T17:27:00.000-04:00

Here is today's MMAJunkie.com Radio show -- I was a guest (at around the 20 minute mark) talking the latest on MMA in New York. Specifically, I discussed the latest statement from Assembly Speaker Sheldon Silver on the topic.

Fight Lawyer

Assembly Speaker Silver's Words Likely Mean the End of the Bill to Legalize MMA in New York this Year

2011-06-08T10:48:00.003-04:00

Ultimate fighting legislation not going to happen in New York, Silver says

If you follow this blog you know by now that Sheldon Silver can make or break legislation in New York. That is why it is so troubling to hear this quote (at the link above):

"There does not appear to be widespread support in the Assembly for this legislation," Silver said when asked if the proposal would be approved before the June 20 end of the legislative session.

This language essentially tracks words used by Assemblyman Englebright -- the MMA bill's sponsor in the Assembly -- for the past two-years.

This does not bode will for the bill this year as it would seem to corroborate my belief that the bill would stall out in committee again this year.

One has to wonder why support is lacking given that the bill overwhelmingly passed out of the Tourism, Parks, Arts and Sports Development Committee in the New York Assembly by a vote of 17-3 (note, Steven Marrocco, who spoke to Assemblyman Englebright's office, has indicated that the vote was 16-3) earlier this week.

Further, I am told that approximately 60 assembly members had signed on to a letter (drafted by Assemblyman Murray) voicing their support to have the bill moved through committee and to the full floor for a vote before the end of the legislative session.

In any event, I am sad to say that Speaker Silver has spoken and has, likely, handed the death sentence to the bill this year.

Fight Lawyer

Capitol Confidential » MMA moving along, Reilly swings back

2011-06-07T15:09:00.002-04:00

Capitol Confidential » MMA moving along, Reilly swings back

Link contains Reilly's response to the fact that the MMA bill passed (overwhelmingly) out of his committee yesterday:

The Assembly Committee on Tourism, Parks, Arts and Sports Development voted MMA legislation (A.4146) out of its committee today. I am deeply disappointed that this legislation was successful in committee, however, it this has not deterred my campaign to keep this dangerous sport out of New York State. The Tourism Committee also passed the bill last year but it was not passed by the full Assembly.

I believe my Assembly colleagues will continue to vote ‘NO’ to an excessively violent activity that has no place in civilized society. We’ve come too far to turn our state into a veritable coliseum. The New York State Assembly will continue its efforts to eradicate all types of violence in our State and will not implicitly condone violence by legalizing ultimate fighting

Fight Lawyer

Bill to Legalize MMA in New York Passes Vote in Tourism, Parks, Arts and Sports Development Committee Overwhelmingly

2011-06-06T15:23:00.001-04:00

ESPN's Josh Gross is reporting that the bill to legalize mixed martial arts in New York has passed the Tourism, Parks, Arts and Sports Development Committee in the New York Assembly by a vote of 17-3 (note, Steven Marrocco, who spoke to Assemblyman Englebright's office, has indicated that the vote was 16-3). Notably, Bob Reilly -- the voice of the opposition to MMA in New York -- sits on the Tourism Committee.

Next stop should be the Codes Committee -- where it should pass (as in years past) -- and then on to the Ways & Means Committee -- where it has died before and I predict it will die again.

I am not alone in this belief.

Indeed, as I said last week, Assemblyman Englebright, the sponsor of the bill in the Assembly, has indicated that he believes the bill will be blocked again:

There is a healthy controversy. There are very concerned members of the majority who can’t support it this year, as they could not support it in years past, . . . I imagine we’ll have similar blockage or stoppage, . . . But, you never know. There are quite a few new faces in the chamber this year. I haven’t seen a sea change, but I have seen subtle changes.

Worth noting that there are a significant number of assembly members pushing the Assembly Speaker to let the bill go straight to the floor for an up or down vote after passage out of the Tourism Committee. Time will tell.

I will continue to monitor.

Fight Lawyer

My TUF Finale Predictions & Super Six Semifinal Prediction

2011-06-04T10:04:00.000-04:00

Here are my fight predictions via Tapology:

Turning to boxing, I have Froch tonight via decision -- should be a good fight.

Fight Lawyer

Troubling Statements from Assembly Sponsor of Bill to Legalize MMA in New York

2011-06-03T14:46:00.002-04:00

I just read an article, The fate of mixed martial arts bill uncertain, and was troubled by Assemblyman Englebright's (the bill's sponsor and Chair of the Tourism, Parks, Arts and Sports Development Committee where the bill originates in the Assembly) comments because they are telling and signify the bigger issue with legalization here in New York.

Specifically, he says:

There is a healthy controversy. There are very concerned members of the majority who can’t support it this year, as they could not support it in years past, . . . I imagine we’ll have similar blockage or stoppage, . . . But, you never know. There are quite a few new faces in the chamber this year. I haven’t seen a sea change, but I have seen subtle changes.

As I have posted before, the majority -- the democratic leadership in the Assembly -- is allowing the bill to stall out in Committee before reaching a floor vote, where it in Englebright's opinion should have enough support to pass. This is the "blockage" and "stoppage" that Englebright is referring to.

If you follow my blog, you will recall that last year Assemblyman Englebright said essentially the same thing:

"If we were able to get it to the floor, we'd probably pass it with Republican votes," Englebright said. "But there is a desire, I think, on the part of many of the members of our Democratic majority to resolve this matter satisfactorily within our own [party] before submitting it to the uncertainties of a debate."

Hopefully, Englebright, as the bill's sponsor and a member of the senior leadership of his party, can convince the other members of his majority to let the bill go to the floor for an up or down vote (i.e. let the so-called democratic process play out).

Otherwise, we may be having this same conversation one-year from now....

One last note, I am told that the bill will be taken up in the Tourism Committee next week and that there are a significant number of assembly members pushing the Assembly Speaker to let the bill go straight to the floor for an up or down vote after passage out of the Tourism Committee.

Fight Lawyer

UFC 130 Fight Predictions

2011-05-28T10:05:00.001-04:00

Here are my picks tonight via Tapology:

Fight Lawyer

Coalition to Legalize Mixed Martial Arts in New York Issues Memorandum in Support of MMA to New York Assembly

2011-05-26T17:41:00.001-04:00

The Coalition to Legalize Mixed Martial Arts in New York has written a Memorandum of Support of the bill to legalize MMA in the New York Assembly.

I have embedded the memorandum below and you can also view it at the Coalition's website.

Memorandum of Support A04146

Also, for those who missed it, here is the video from the New York Senate debate on the bill to legalize MMA from Monday (h/t Coalition) where the bill passed that legislative body 42-18:

Fight Lawyer

New York Senate Passes Bill to Legalize MMA in New York Overwhelmingly, 42-18

2011-05-23T16:16:00.000-04:00

New York Senate to Vote on Bill to Legalize MMA Today

2011-05-23T13:19:00.001-04:00

This afternoon the New York State Senate will vote on the bill to legalize MMA in New York, S1707A.

Like last year, I expect the bill to pass -- I do think the vote will be close again, however -- as I don't think the bill's sponsor, Senator Griffo, would be putting the bill to a full floor vote without testing the waters and making sure the requisite votes were there. We will soon find out.

I will continue to monitor today's vote here and you can follow the vote over at the New York State Senate website. Here is the stream from the Senate vote for those interested:

Watch live streaming video from nysenate at livestream.com

Fight Lawyer

MMA Lawsuit -- You JACKED My Brother's Remains!!

2011-05-11T10:41:00.000-04:00

MMA Lawsuit -- You JACKED My Brother's Remains!!

I don't even know what to say other than this is seriously disturbing.....

Fight Lawyer

Team Quest Fighters Dan Henderson And Matt Lindland Do Battle In Court - SBNation.com

2011-05-10T12:37:00.000-04:00

Team Quest Fighters Dan Henderson And Matt Lindland Do Battle In Court - SBNation.com

Mayweather Jr. Sued Again by Allegedly Assaulted Nightclub Security Guard

2011-05-06T18:14:00.000-04:00

Incredible.

If my post yesterday via TMZ, Mayweather Accused of Threatening Guards with Guns, was not enough, yesterday Mayweather was sued by a security guard at Drai's nightclub in Las Vegas because the security guard was allegedly "willfully assaulted and battered."

The crux of the allegations are as follows:

That the Defendant, FLOYD MAYWEATHER JR., and his bodyguard, DOE I and others, entered the establishment to go into the Drai's Nightclub where the Plaintiff, who is a Security Officer at Drai's, proceeded to "card" or ask for identification for FLOYD MAYWEATHER JR., DOE I and others in the group.

That on or about the evening of January 2nd, at Wild Bill's Casino and Gambling Hall inside Drai's, Las Vegas, Nevada, FLOYD MAYWEATHER JR.'s bodyguard, DOE I, while in course and scope of his employment with FLOYD MAYWEATHER JR., and/or FLOYD MAYWEATHER FOUNDATION, and/or MAYWEATHER PROMOTIONS LLC., and or FLOYD JOY INC., and/or #1 PHILTHY RICH RECORDS maliciously and willfully assaulted and battered Plaintiff, by grabbing the Plaintiff, and choking him, and that by the acts of Defendants, and each of them, as aforementioned, Plaintiff was physically injured, and placed in great fear of his life and well-being.

I don't even know what else to say.

Fight Lawyer

Mayweather Accused of Threatening Guards with Guns | TMZ.com

2011-05-05T17:43:00.004-04:00

Mayweather Accused of Threatening Guards with Guns TMZ.com

All the altercations with his luxury housing complex "security guards" and the management (see. e.g., Floyd Mayweather, Jr. Sued (Again) By Nevada Community Association and Mayweather Charged with Battery for Face Poking) has me wondering whether this could all be trumped up nonsense to get him out of the neighborhood.

How about a little conspiracy food for thought as we head into the Pacquiao Mosley fight this weekend....

Fight Lawyer

Mike Tyson's face tattoo artist sues Warner Bros. over replica tat in The Hangover II - Kansas City News - Plog

2011-05-02T16:33:00.000-04:00

Mike Tyson's face tattoo artist sues Warner Bros. over replica tat in The Hangover II - Kansas City News - Plog

UFC 129 Fight Predictions

2011-04-29T14:52:00.000-04:00

On a flight down to New Orleans--amazing that there is in-flight wi-fi that works well.

Here are my predictions for the fights tomorrow courtesy of Tapology:

http://www.tapology.com/ue/16883.png

Fight Lawyer

Tavoris Cloud and Don King Sued by Cloud's Former Promoter - Bad Left Hook

2011-04-21T14:07:00.000-04:00

Tavoris Cloud and Don King Sued by Cloud's Former Promoter - Bad Left Hook

"New York MMA" Film Selected in the Bronx Week Film Festival

2011-04-21T14:00:00.000-04:00

"The Coalition to Legalize Mixed Martial Arts in New York is very pleased to announce that the film we have been working on with Kahleem Poole - Tejada for nearly a year now, New York MMA, has been accepted as an Official Selection in the First Annual Bronx Week Film Festival!"

Congratulations--you can read the full post at the link above.

You can check out the trailer below:

Fight Lawyer

Full Tilt Poker and Government Reach Agreement-- FTP Can Continue Operating Abroad and U.S. Based Players Will be Able to Request Withdrawals From Accounts

2011-04-20T18:30:00.002-04:00

My friends over at MMAPayout have an in-depth look at the recent indictment against major online poker sites, including Full Tilt Poker ("FTP"), and what it means to the MMA world. I highly recommend you check out the article.

Following up on this story, yesterday the "United States Attorney's Office for the Southern District of New York ("this Office") and the defendant Vantage Limited d/b/a/ Full Tilt Poker" entered into an agreement "in which this Office agrees to grant FTP access to, and use of, the defendant-in-rem domain name fulltiltpoker.com (the "Domain") for certain limited purposes . . ."

At the outset, the agreement makes clear that FTP's access to the domain under the agreement is contingent on FTP no longer providing the ability for (or facilitating) U.S. based poker players from engaging in online poker for "real money."

Specifically, the agreement provides:

FTP hereby agrees that for the duration of the Agreement, it will not allow for, facilitate, or provide the ability for players located in the United States to engage in playing online poker for "real money" or any other thing of value.

That said, the agreement expressly allows for online play outside the United States:

The Agreement does not prohibit, and, in fact, expressly allows for, FTP to provide for, and facilitate, players outside of the United States to engage in playing online poker for real money through the Domain, or any other domain names, sub-domain names, websites, or Internet-based means of communication under the control of FTP.

While I don't know enough about FTP's revenue stream, i.e. how much comes from abroad as opposed to the U.S., this may somewhat mitigate against the negative effect the indictment has on the MMA world.

The agreement also provides a bit of good news for U.S. based poker players as FTP has been given access to its domain to facilitate the withdrawal of funds held in accounts with FTP by U.S. based poker players:

This Agreement does not prohibit, and, in fact, expressly allows for, FTP to utilize the Domain (and any other forms of communication) to facilitate the withdrawal of U.S. players' funds held in account with FTP. While withdrawal of funds is expressly permitted, the deposit of funds by U.S. players is expressly prohibited. FTP agrees that any financial transactions with players located in the United States shall be strictly limited to the return of those players' funds held in account with FTP.

So it looks like U.S. account holders will be given the opportunity to request withdrawals from their FTP accounts.

With respect to its term, the agreement provides as follows:

This Agreement shall remain in place until: (i) the conclusion of the litigation in United States v. PokerStars, et. al., 11 Civ. 2564 (LBS) in the United States District Court for the Southern District of New York; (ii) a superseding Agreement is reached between this Office and FTP; or (iii) this Office and FTP mutually agree to terminate the Agreement.

Finally, the agreement provides that it "does not constitute an admission of liability as to any matter nor a consent to jurisdiction."
Fight Lawyer

New York Mixed Martial Arts Initiative Supporter MMA Elite Announces Exclusive Sponsorship Agreement with Quinton “Rampage” Jackson

2011-04-15T10:32:00.000-04:00

Congratulations to my friends -- and supporters of the New York Mixed Martial Arts Initiative --at Ultimate Brand Management® (UBM), owners of MMA Elite®, MMA Authentics®, Ultimate MMA®, Familia Gladiatoria®, Savage®, on signing an exclusive sponsorship agreement with Quinton “Rampage” Jackson.

I am a big fan of Jackson and wish the folks at UBM continued success as they grow their brands.

Los Angeles, CA; April 14, 2011 (For Immediate Release) - UBM® announces an exclusive sponsorship agreement with Quinton “Rampage” Jackson. Rampage is excited to be a part of the MMA Elite family and plans to incorporate MMA Elite® products into his everyday life. Further to this, Rampage will be wearing the official MMA Elite® gear for open workouts, weigh-ins, walk-outs and in the cage. Quinton “Rampage” Jackson is a former UFC Light-Heavyweight title holder. Jackson rose to prominence in Japan’s Pride Fighting Championships where he was noted for his powerful body slams. Jackson is the first person to unify any of the UFC and Pride FC championship belts. Jackson is currently ranked as the #4 Light Heavyweight fighter in the world by Sherdog and Yahoo! Sports. He currently holds a professional record of 31-8.

MMA Elite® was first introduced to the UFC® when Quinton “Rampage” Jackson wore MMA Elite® tee bearing his name and inspired by his persona as his official walk-in tee for UFC® 92 against Wanderlei Silva. After a devastating knockout, Quinton announced to the record setting crowd, “I am here and I’m not going nowhere!” In the same manner, MMA Elite® reiterated Mr. Jackson’s sentiments. Through its relentless past and present MMA Elite® sponsorship of top MMA athletes, including BJ Penn, Cain Velasquez, Jose Aldo Quinton “Rampage” Jackson, Forrest Griffin, Mark Coleman, Gray Maynard, Frankie Edgar, Kevin Randleman, Bobby Lashley, Jon Jones, Cheick Congo and Urijah Faber, the brand has the attention of loyal MMA fans worldwide. MMA Elite® can be found at Walmart™ and other major retailers around the world. A full line of MMA inspired lifestyle apparel and accessories are designed under the MMA Elite® brand.

MMA Elite® is recognized, as the largest MMA fighting and lifestyle apparel brand in the world today.

UBM® is a full line premium mixed martial arts fighting and lifestyle apparel and licensing company based in Los Angeles, California. UBM® brands include MMA Elite®, MMA Authentics®, Familia Gladiatoria®, Savage® and Ultimate MMA®.

Jackson appeared on television for a second time as a coach on the reality series The Ultimate Fighter opposite Rashad Evans. They were scheduled to fight at UFC 107, but this bout was cancelled when Jackson took the movie role to play B.A. Baracus in The A-Team feature film. Jackson plans to continue fighting in the cage while pursuing his television and film career.

For more information, check us out on the web at www.mmaelite.net on Facebook, go to MMA ELITE and on Twitter we can be found at @MMAELITEBRAND.

For more information please contact: Steven Jolna: President of Ultimate Brand Management at (323) 728-4503.

Ultimate Fighting Championship® - www.ufc.com

Owned and operated by Zuffa, LLC, and headquartered in Las Vegas, NV, UFC® produces over twelve UFC live Pay-Per-View events annually and 30 live arena events around the world. UFC programming is distributed in the United States on Viacom, Inc’s SPIKE TV and on Comcast, Inc’s VERSUS network. Globally, UFC programming is broadcast in over 130 countries, territories and jurisdictions, reaching over 500 million homes worldwide, in 20 different languages. Ancillary businesses now include UFC.com with over 5 million unique visitors per month, the best selling UFC Fight Club , affinity program, UFC Fan Expo™ festivals, branded apparel, trading cards, articulated action figures and other media including best-selling DVD’s and a U.S. bimonthly magazine.

Ultimate Fighting Championship®, Ultimate Fighting®, UFC®, The Ultimate Fighter®, Submission®, As Real As It Gets®, The Octagon™ and the eight-sided competition mat and cage design are registered trademarks, registered service marks, trademarks, trade dress and/or service marks owned exclusively by Zuffa, LLC and licensed to its affiliates entities and other licensees in the United States and other jurisdictions. All other marks referenced herein may be the property of Zuffa, LLC, its affiliates or other respective owners.

Fight Lawyer

Right Hook Radio Talking about the New York Mixed Martial Arts Initiative and Legalization Efforts in New York

2011-04-14T17:42:00.000-04:00

I was on the New York State Young Republican radio show, "The Right Hook," talking about the non-profit, the New York Mixed Martial Arts Initiative.

I also discuss efforts to legalize mixed martial arts in New York.

I come on around minute 24.

Listen to internet radio with The Right Hook on Blog Talk Radio

It is always good to get some coverage for the NYMMAI and especially on a local radio show.

Fight Lawyer

Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement on the Web

2011-04-13T15:20:00.000-04:00

I just started reading the above-referenced article in the Fordham Intellectual Property Law Journal by Keith Black -- J.D. candidate from Fordham in 2011 -- that addresses, in great detail, Zuffa's piracy fighting efforts as well as the interplay between those efforts and the Digital Millennium Copyright Act.

It is very interesting so far and I highly recommend it for those who have been following either my piracy coverage over at MMAPayout or my Zuffa copyright litigation coverage here.

Always good to see coverage of MMA in legitimate, legal publications -- in particular in this context in a ever-changing area of the law.

Also, as an aside, good to see a fellow Fordham guy covering the sport.

Fight Lawyer

AANS Neurosurgeon – Inside Sports-Related Head Injury

2011-04-09T13:34:00.000-04:00

AANS Neurosurgeon – Inside Sports-Related Head Injury

Strikeforce Main Card Fight Predictions

2011-04-09T09:23:00.000-04:00

Here are my fight predictions for tonight via Tapology:

Fight Lawyer

Sonnen Ordered to Pay $10,000 Fine

2011-04-08T15:23:00.002-04:00

Following up on my posts, Chael Sonnen Guilty Plea and Chael Sonnen Sentencing Postponed Until April 8, 2011, according to a minute entry of the Court entered today, Judge Michael W. Mosman ordered that Sonnen pay a fine of $10,000. No mention on the docket yet re whether he will be forced to forfeit his real estate license and whether he will get the recommended sentence of two-years probation.

Specifically, the minute entry provides as follows:

Minutes of Proceedings: Sentencing Hearing before Judge Michael W. Mosman as to Defendant Chael Patrick Sonnen. Defendant is ordered to pay a fine in the amount of $10,000.00, due immediately in full. Defendant intends to pay the fine after the sentencing hearing. Formal Judgment to follow. Defendant advised of right to appeal. Counsel Present for Plaintiff: Michelle Kerin. Counsel Present for Defendant: Ronald Hoevet. (Court Reporter: Bonita Shumway) (mjp) (Entered: 04/08/2011)

Update:

According to Mike Chiappetta, the Judge followed the parties' recommended sentence:

U.S. attorney's office spokesperson Gerri Badden told MMA Fighting that Sonnen was sentenced to 24 months probation, a $10,000 fine, and forfeiture of his real estate license as the result of his Jan. 3 guilty plea.

Fight Lawyer

Pavia Holdings, LLC's Lawyers Move to Withdraw as Counsel

2011-04-06T14:32:00.000-04:00

Following up on my coverage of the Zuffa/Bellator/Pavia litigation -- here is a post with earlier links and here is my most recent post -- on April 5, 2011 counsel for Pavia Holdings, LLC, L. Joe Coppedge and Michael B. Lynch, filed a joint motion to withdraw as counsel.

According to the affidavit of Coppedge filed in support of the motion, "[e]arly this year, [Coppedge] changed law firm affiliations, and [his] new firm has a conflict with my continued representation of Pavia Holdings, LLC."

The motion indicates that Coppedge was "formerly with Coppedge Emmel & Klegerman PC and is now with Shea & Carlyon, Ltd."

The affidavit doesn't spell out the conflict but my best guess is that the Shea firm may have represented Zuffa in the past

With respect to Lynch, who served as lead counsel for Pavia Holdings, Coppedge's affidavit states that he is "advised" and "understand[s]" that Lynch "is no longer in the employ of Pavia Holdings, LLC." The Lynch Law Group's address is in Princeton Junction, New Jersey.

According to the affidavit, Coppedge's understanding is that Ken Pavia has been attempting to retain new counsel.

Fight Lawyer

Frank Shamrock's Ungloved and Kahleem Poole-Tejada Produce & Direct Video with New York Subway Hero, Joe Lozito

2011-04-04T17:21:00.002-04:00

Following up on my earlier post about Joe Lozito, MMA Fan Uses What He Has Learned From Watching MMA to End Alleged Subway Stabbing Spree, Frank Shamrock's "Ungloved" produced a video directed and filmed by the great Kahleem Poole-Tejada:

Fight Lawyer

Great Op-Ed in Today's New York Times on MMA by the Editor in Chief of Men's Health Magazine

2011-04-02T10:18:00.001-04:00

Just read this op-ed piece in the New York Times, "It Only Looks Dangerous," by David Zinczenko, editor in chief of Men’s Health magazine and the editorial director of Women’s Health magazine.

David, like many before him, including former-Governor Pataki and Senator John McCain, has changed his stance on MMA, i.e. he was against it and supported the ban in New York and has changed his position and now supports the sport:

As the editor in chief of Men’s Health, I’d been a de facto supporter of New York’s ban by refusing to put a mixed-martial artist on the magazine’s cover — despite the entreaties of several editors and even my own brother, Eric, who trained in M.M.A. I edit a health magazine, after all, and this is a sport in which men use nearly every means available to beat one another into submission, from jujitsu to kickboxing to simply slugging one another in the face with nothing but lightly padded gloves on their hands. But I’ve come to believe that, in fact, the New York Legislature is wrong. Mr. Reilly is wrong. And more to the point, I was wrong (an admission my brother will hold over my head as long as I live).

Zinczenko recognizes what the John's Hopkins Study identified years ago about the risks of the sport, noting that additional padding and protective equipment does not make other sports safer. Specifically, he states "[w]e think of more traditional violent sports like boxing and football as safer in part because of the helmets and padded gloves their athletes wear, and that supposedly protect them from harm. These are, in fact, more like the equivalent of poorly designed sunscreen — 'protection' that allows athletes to submit to even greater levels of punishment."

As I have written repeatedly, I believe that in order to bring MMA to New York the debate needed to be shifted from one of economics to one that focused on the safety of the sport and the fact that there are currently underground, unregulated MMA bouts occurring in the state on a regular basis.

I have also written that if history is any indicator, the same mainstream media attention that led to the ban in 1997 could be effective to lifting the ban.

I think Mr. Zinczenko has done a nice job of touching on both of those messages with this op-ed in the New York Times and highly recommend you read it. Hopefully others in Albany will do the same.

Finally, Zinczenko states that he has changed his "cover" policy at the magazine:

I’ve changed my policy: This month Men’s Health features the U.F.C.’s reigning welterweight titleholder, Georges St-Pierre, on its cover. Sometimes the more raw and visceral a sport appears, the more humane it may actually be.

Fight Lawyer

Brooklyn Review Episode on Mixed Martial Arts in New York

2011-04-01T21:03:00.000-04:00

Here is the video from a segment on Brooklyn Independent Television's "Brooklyn Review" from Monday night re the legalization of MMA in New York. I was interviewed for the segment.

Fight Lawyer

Strikeforce Challengers 15 Main Card Predictions

2011-04-01T16:46:00.000-04:00

Here are my main card predictions for tonight's fights via Tapology:

Fight Lawyer

Hot97 Street Soldiers with FOX 5 New York's Lisa Evers on Mixed Martial Arts

2011-03-31T08:33:00.002-04:00

Here is the audio from the Hot 97 Street Soldiers with FOX 5 New York's Lisa Evers roundtable discussion about Mixed Martial Arts in New York. The roundtable took place on March 27, 2011.

As I noted in my earlier post, the panelists included: The Fight Lawyer, Assemblyman Bob Reilly (the voice of the opposition to MMA in New York), Renzo Gracie (world-renown practitioner of Brazilian jiu jitsu and MMA and gym owner in New York), Ryan LaFlare (professional mixed martial artist and New Yorker), an underground fighter in New York, and Bloodstain Lane (hardcore mixed martial arts fan from New York).

There are two parts--the first includes, inter alia, Assemblyman Bob Reilly where I challenge him on his positions and the second includes, inter alia, Renzo Gracie.

Enjoy.

Part I

Part II

Update:

You can now play the audio here:

Fight Lawyer

Budget Deal Does Not Include Provision Eliminating New York State Athletic Commissioner's Salary

2011-03-29T15:53:00.001-04:00

Following up on my earlier post where I discussed the provision in Governor Cuomo's proposed budget that would have eliminated the salary of the New York State Athletic Commission Chair, Melvina Lathan, I am pleased to report that it appears that the provision has been eliminated by the budget agreed upon by the "three men in a room," i.e. Governor Cuomo, Senate Majority Leader Skelos, and Assembly Speaker Silver.

This is good news for both MMA and boxing for the reasons described in my post here (and the link therein).

Fight Lawyer

MMA Legalization Segment on "Brooklyn Review" Tonight

2011-03-28T18:56:00.000-04:00

There will be a segment on Brooklyn Independent Television's "Brooklyn Review" tonight re the legalization of MMA in New York. I was interviewed for the segment, so I may be a part of it.

The episode premieres at 9pm in Brooklyn on Time Warner Cable 56, Cablevision 69, and in all five boroughs, on Verizon FIOS 44.

It will also stream live: go to www.bricartsmedia.org/bcat and launch Channel Three.

I will post the video here once available.

Fight Lawyer

Chael Sonnen Sentencing Postponed Until April 8, 2011

2011-03-28T13:10:00.002-04:00

Following up on my post, Chael Sonnen Guilty Plea, I checked the docket and it appears that the Court adjourned Sonnen's sentencing hearing from March 28, 2011 (i.e. today) to April 8, 2011.

As you may recall from my earlier post, here are some of the allegations from the Superseding Information:

On or about June 20, 2006, in the District of Oregon, CHAEL PATRICK SONNEN, defendant herein, did knowingly conduct and attempt to conduct a financial transaction affecting interstate commerce, to wit, he caused a check in the amount of $69,091.53 to be issued and negotiated from a bank account at U.S. Bank, which involved the proceeds of a specified unlawful activity, that is wire fraud. Defendant further knew that the financial transaction was designed in whole or in part to conceal or disguise the ownership and control of the proceeds of wire fraud, to wit, defendant and others devised and intended to devise a material scheme and artifice to defraud Decision One Mortgage, and to obtain money and property from Decision One Mortgage by means of false and fraudulent pretenses, representations and promises, and that while conducting and attempting to conduct such financial transaction, defendant knew that the property involved in the financial transaction represented the proceeds of the unlawful activity, wire fraud.

In his Petition to Enter Plea of Guilty, Sonnen "represent[ed] that [he] did the following acts and that the following facts are true:"

On or about June 20, 2006, in the District of Oregon, I knowingly caused a check to be issued by USNB in the amount of $69,091.53 to Crown Plumbing from the mortgage loan proceeds at the closing of the [] sale of 11249 S.E. Rolling Hills. I knew that these funds would not be paid to Crown Plumbing, but kicked back to the buyer, []. The purpose of this transaction was to further a scheme to defraud Decision One Mortgage by representing that these funds paid for repairs on the residence.

In the Petition, Sonnen pled guilty to the following elements of the charge alleged against him:

(1) Defendant conducted a financial transaction involving property that represented the proceeds of wire fraud; (2) defendant knew that the property represented the proceeds of wire fraud; and (3) defendant knew that the transaction was designed in whole or in part to disguise the ownership and control of the proceeds of wire fraud. I have had a full and adequate opportunity to disclose to my attorney all facts known to me that relate to my case. I understand that the Court may ask whether I am satisfied with the advice I have received from my attorney.

The Petition also stated as follows:

I am not under the influence of alcohol or drugs. I am not suffering from any injury, illness or disability affecting my thinking or my ability to reason except as follows: None. I have not taken any drugs or medications within the past seven (7) days except as follows: Testosterone and Ambien

In addition, in the Petition Sonnen indicated that he understood the maximum possible sentence:

I know the maximum sentence which can be imposed upon me for the crime to which I am pleading guilty is twenty years imprisonment and a fine of $500,000. I also know there is a mandatory minimum sentence of 0 years imprisonment.

The Plea Agreement between Sonnen and the Government provides as follows:

The Parties agree and will recommend that defendant serve a two (2) year probationary sentence and pay a fine of $10,000. Defendant also agrees and understands that as a condition of this recommendation, defendant will take all necessary steps to administratively forfeit his license in the state of Oregon and any other state in which defendant is currently licensed to engage in the sale and purchase of real estate by the time of his sentencing. Failure to do so is a breach of this agreement. The parties agree that a term of probation along with the other terms outlined in this agreement meet the criteria of 18 U. S.C. §3553 because it adequately protects the public from defendant, who is unlikely to engage in further criminal conduct, it promotes respect for the law and it provides for just punishment as defendant is giving up his livelihood and accepting a felony record. Moreover, the sentence and terms of this agreement promote general deterrence as well.

I will continue to monitor.

Fight Lawyer

I will be on Hot 97 Tomorrow Talking MMA in New York Opposite Assemblyman Bob Reilly

2011-03-26T17:24:00.000-04:00

I will be on Hot 97 Street Soldiers with FOX 5 New York's Lisa Evers tomorrow morning at 9 a.m. ET for a roundtable discussion about Mixed Martial Arts in New York.

Also on the panel: Assemblyman Bob Reilly (the voice of the opposition to MMA in New York), Renzo Gracie (world-renown practitioner of Brazilian jiu jitsu and MMA and gym owner in New York), Ryan LaFlare (professional mixed martial artist and New Yorker), an underground fighter in New York, and Bloodstain Lane (hardcore mixed martial arts fan from New York).

The show airs on the radio (Hot 97) from 9-10 a.m on Sunday and is available at that time via stream on the Internet as well. In case you miss it, I will post a link to the podcast.

I do hope you tune in for what should be an educational discussion.

Enjoy the fights tonight.

Fight Lawyer

My UFC Fight Night 24 Predictions

2011-03-26T09:15:00.001-04:00

Here are my picks for tonight's UFC fights via Tapology. I went back and forth on the Nogueira fight and the Hardy fight--but here is where I ended up (note, for some reason the embed list below still reflects Davis, but I am actually going with Nogueira via decision):

Fight Lawyer

Reports of Three-Way Deal to Maintain the Salary of the New York State Athletic Commission Chair

2011-03-21T23:41:00.000-04:00

I just received news via Twitter from Ray Krueger of the New York Times that there is a deal up in Albany to maintain Melvina Lathan's salary.

Specifically, Ray Krueger's tweet provided as follows:

Assembly budget committee member Bing says there is a three-way deal to restore the salary of the NYS Athletic Commission chair.

As you may recall from an earlier post, Governor Cuomo had proposed eliminating the New York State Athletic Commission Chair's salary as part of his Executive Budget. I posted here why I thought this was a big mistake for combat sports generally and for MMA in New York if it is to be legalized.

The Assembly proposed budget accepted the elimination of the NYSAC Chair's salary and the Senate proposed budget maintained the salary.

I have not received any separate confirmation on the news from Ray Krueger, but, assuming it is true, it is welcome news and a very good development.

Fight Lawyer

Pacquiao Lawsuit Against Mayweather, Golden Boy et al. Survives Motion to Dismiss

2011-03-21T21:26:00.001-04:00

As I predicted, on March 18, 2011, Judge Larry Hicks of the United States District Court for the District of Nevada entered an Order Denying Defendants' motions to dismiss Pacquiao's defamation claim in his action against Floyd Mayweather Jr., Floyd Mayweather Sr., Roger Mayweather, Mayweather Promotions, LLC, Richard Schaefer, and Oscar De La Hoya.

I have covered this lawsuit in great depth--here is a link with a number of articles I have written on the issue.

In his decision, Judge Hicks first outlined the standard on a motion to dismiss and then held that Pacquiao had sufficiently stated a cause of action for defamation based upon the alleged statements at issue and had sufficiently alleged actual malice (he is a public figure).

With respect to the statements at issue, the Court held as follows:

The court has reviewed the documents and pleadings on file in this matter, as well as the arguments made by counsel at the March 3, 2011 motion hearing, and finds that defendants’ alleged statements are actionable defamatory statements because they falsely assert an objective fact; namely, that Pacquiao was using and had used PEDs. First, the court finds that a reasonable listener would understand and interpret the moving defendants’ statements to imply that Pacquiao has used and is using PEDs. See e.g., Doc. #13, ¶36 (defendant de la Hoya’s statement comparing Pacquiao’s punches as similar to other fighters who have taken PEDs); Doc. #13, ¶30 (defendant Mayweather, Jr.’s statement that Pacquiao’s physical development is a result of the Phillippines [sic] having access to the best performance enhancing drugs). Further, the court finds that the alleged statements are presupposed facts not available to a reasonable listener but that a reasonable listener would assume implied actual knowledge of the statement’s truth. See e.g., Doc. #13, ¶29 (defendant Schaefer’s statement that he “was sure” that Pacquiao uses PEDs); Doc. #13, ¶42 (defendant Mayweather, Jr.’s statement that Pacquiao has “the power pellets, yo, the steroid juice.”). “Any statement which presupposes defamatory facts unknown to the interpreter is defamatory.” Gordon, 2008 U.S. Dist. Lexis 51863, *11. Therefore, taking all of the allegations in the amended complaint as true, the court finds Pacquiao has sufficiently alleged a cause of action for defamation per se against moving defendants.

Next the Court held that Pacquiao had sufficiently alleged actual malice, i.e “knowledge of the falsity of a statement or a reckless disregard for its truth.”

As you can see from my earlier posts, I do not necessarily agree that all of the statements were actionable, i.e. I believed certain statements were more likely protected opinion. That said, I agree with the Court that some of the statements, including the two quoted above, were actionable.

Fight Lawyer

Donaire's Declaratory Judgment Action Against Top Rank

2011-03-20T23:04:00.002-04:00

On March 17, 2011, Nonito Donaire filed a complaint against Top Rank in Clark County District Court seeking a declaratory judgment that, inter alia: "(1) Top Rank breached the Promotional Rights Agreement by failing to perform its obligations under the Minimum Bouts Provisions; and (2) as a result of Top Rank's [alleged] breaches, Donaire effectively terminated the Promotional Rights Agreement on March 4, 2011, and owes Top Rank no further obligations under the same."

That Donaire and Top Rank are engaged in litigation is not surprising given that Golden Boy announced last week that it had signed Donaire to a multi-year agreement.

As Dan Rafael wrote over at ESPN:

The ongoing battle between rival promotional companies Golden Boy and Top Rank was ratcheted up on Wednesday when Oscar De La Hoya's company announced that it signed unified bantamweight titlist Nonito Donaire to an "exclusive, multiyear agreement" and away from Bob Arum's Top Rank.

'Nonito Donaire is one of the top boxers in the world today and we're going to make sure he gets the chance to defend his world titles and stays as active as possible,' De La Hoya said in a statement. 'The bantamweight division is becoming one of the most competitive and exciting divisions in boxing and we look forward to promoting Nonito in great fights in the coming years.'

In his complaint, Donaire alleges that Top Rank failed to provide the minimum number of bouts under the promotional agreement and that he was within his rights to terminate the agreement due to this alleged breach.

Donaire filed the complaint seeking a declaratory judgment because he wants a court to adjudicate whether he was within his rights to terminate the agreement.

Fight Lawyer

New York Times Article About MMA in New York

2011-03-19T15:13:00.000-04:00

Check out the article in the New York Times by Ray Krueger, A Debate Rages On in Words, Not Punches, about the legalization of MMA in New York.

In case you were wondering, Ray is not related to New York Senator Liz Krueger.

Looking forward to the fights tonight.

Fight Lawyer

UFC 128 Fight Predictions

2011-03-19T09:53:00.002-04:00

I went with Rua largely because he has been there, i.e. the experience factor, and I was influenced by Jones' apparent overtraining sickness presented on the Spike special on Jones on Thursday night.

It is possible, of course, that Jones was faking sickness on the Spike show to plant a seed with Rua, e.g. Pacquiao training camp "issues" documented on HBO 24/7 prior to his fight with Margarito (and Cotto for that matter) that clearly either didn't exist or amazingly had no effect on Pacman's performance come fight night, but I don't think Jones has the brilliance of someone like Arum behind him necessary to pull that off.

Without further ado, my predictions for tonight's fights via Tapology:

Fight Lawyer

Zuffa v. Bellator/Pavia Litigation: Bellator Asserts Claim Against Julian Gregorio for Defamation & Some Theory of Misappropriation Based on Alleged Leak to Zuffa

2011-03-18T16:17:00.002-04:00

Following up on my coverage of Zuffa's lawsuit against Bellator and Pavia -- -- a post with earlier links is here and here is my most recent post on the Court's denial of Bellator's motion to dismiss for lack of personal jurisdiction -- on March 17, 2011, Bellator filed its answer to Zuffa's complaint and asserted a third-party claim, i.e. a claim against a non-party, against Julian Gregorio who is allegedly a citizen of the State of California and allegedly may have been a former employee of MMA Associates, of which Ken Pavia is the alleged "Principal."

At the outset, in its third-party complaint Bellator describes why its CEO, Bjorn Rebney, "requested from Pavia certain documents used by the UFC in connection with fighters."

Specifically, Bellator alleges as follows:

In the summer of 2010 Bjorn Rebney determined to review the sufficiency of documents used by Bellator. As part of that process he requested from Pavia certain documents used by the UFC in connection with fighters. At no time did Rebney request any document anticipated to contain trade secrets or information proprietary to Zuffa, LLC. Mr. Pavia requested confidentiality due to, as he put it, fear of retaliation by Zuffa for cooperating with Bellator. In any case, communications between the parties would be presumptively confidential. Zuffa has a reputation for ruthlessly attempting to block competitors in the MMA field.

(emphasis added).

Bellator next alleges that Pavia did send the documents but that it never used the documents:

Pavia did, on a confidential basis, send certain documents to Bellator. However, those documents were not confidential and contained no proprietary information belonging to Zuffa. The documents in question were sent on a confidential basis but were not confidential documents. The format of the documents in question was changed from a PDF format to a Word format, but no Bellator representative substantively reviewed those documents as of the time of filing of the Complaint to which this Third Party Complaint is directed. The documents supplied by MMA Associates were never utilized by Bellator in any way and in fact were not substantively reviewed by Bellator’s staff or by Mr. Rebney.

With respect to Mr. Gregorio, Bellator alleges (upon information and belief) that he was an employee of MMA Associates and that he allegedly "took privileged communications between the CEO of Bellator and the President of MMA Associates and, with the knowledge that he was not entitled to do so, transmitted same to representatives of Zuffa, LLC."

Further, Bellator alleges upon information and belief that:

Gregorio informed representatives of Zuffa that Pavia and Bellator were conspiring to misappropriate Zuffa’s confidential information when this was untrue. This information was given either with knowing falsity or with reckless disregard of the truth. Gregorio informed representatives of Zuffa that Bellator misappropriated trade secrets of Zuffa. This information was false and was either known to be false by Gregorio or was given in reckless disregard of the truth.

Bellator asserts claims against Gregorio for defamation and some theory of alleged violation of Bellator's right to privacy and confidentiality.

Quite frankly, I don't understand the second claim -- perhaps it is something specific to California or Nevada (or maybe Bellator is asserting a claim for misappropriation), but it is not really spelled out.

With respect to confidentiality, the apparent (to me at least) alleged basis for some kind of confidentiality or privilege is that "Bjorn Rebney, the CEO of Bellator, is an attorney-at-law[,] Ken Pavia, the principal of MMA Associates, is a law school graduate and, at the time of the matter complained of, was believed in good faith by Rebney to be an attorney-at-law[,] and MMA Agents has on its staff at least one attorney-at-law."There is, of course, an attorney client privilege, but I don't see how it attaches under these alleged facts.  Certainly no explanation is provided.

Even so, I don't understand why any communication between Rebney and Pavia would be privileged just because both went to law school.

While I know nothing about the third-party defendant, if he is in fact a resident of California (as alleged) my prediction is that we may see another jurisdictional motion.

Fight Lawyer

MMA in New York on Inside City Hall Tonight

2011-03-17T18:17:00.000-04:00

Tonight's Inside City Hall program on New York 1 includes supporters and opponents of bringing mixed martial arts to New York State.

I don't know who will be representing either side of the debate, but I will try and link to the video after the episode.

Fight Lawyer

More Good News: Senate Bill to Legalize MMA in New York Passes Overwhelmingly out of Tourism Committee

2011-03-15T11:00:00.004-04:00

Following up on my post, Bill to Legalize MMA in New York Out of the Gate Early in the Senate, I am happy to report that New York Senate Bill 1707A, i.e. the bill to authorize mixed martial arts in New York, overwhelmingly passed the Senate Standing Committee on Cultural Affairs, Tourism, Parks and Recreation, by a vote of 13-1 this morning.

If last year is any indication, the bill will now go straight to the full Senate for a vote.

The overwhelming support for the bill is a good sign and so is the fact that the bill is through the Tourism Committee this early in the legislative session, i.e. approximately three (3) months before the bill was referred out of the Tourism Committee last year.

As I said in my earlier post:

While I hesitate to read too much into anything when it comes to New York politics, in my view, the early action on the bill in the Senate (in particular, before the budget process has been resolved) is a step in the right direction.

By the time the bill passed the Senate last year it was near the end of the legislative session, which did not give proponents of legalizing MMA in the Assembly too much time to use that leverage and publicity to work on pushing the bill in the Assembly.

Now, however, if the Senate can pass the bill in April or even early-May, there will be more time to force the issue in the Assembly.

If this happens, I think the New York grassroots movement can be a critical force by getting the issue on the radar of representatives (who are not otherwise sponsors of the bill or aware of the issue) up in Albany.

UPDATE:

Here is the video from the Committee hearing where Dana White presented--starts at 2:37.

I will continue to monitor.

Fight Lawyer

Statements in Court Filing re Competition in MMA No Longer Relevant Given Zuffa Acquisition of Strikeforce

2011-03-13T19:33:00.001-04:00

On March 10, 2011, defendants in the Affliction M-1/Fedor litigation filed their opposition to Plaintiffs' Ex Parte Application for an Order to File Certain Documents and Portions of Plaintiffs' Motion for Partial Summary Judgment Under Seal. According to the filing in connection with the application, the documents to be filed under seal included certain documents produced by Zuffa in the litigation.

That Zuffa produced documents in connection with the litigation should not be a surprise if you have been following my coverage of the case because as you may recall from an earlier post, the deposition of Zuffa, LLC by its "30(b)(6) designees Dana White and Lawrence Epstein" had occurred. Generally, in connection with a third-party subpoena, a party to a litigation seeks documents and a subpoena from a non-party.

In connection with defendants filing on March 10, they argued why disclosure of the Zuffa documents would be detrimental.

Specifically, defendants' memorandum of law provides, inter alia, as follows:

However, importantly, this cannot extend to documents and testimony relating to Zuffa. Zuffa agreed to produce documents and provide testimony pursuant to subpoena on the condition that they would be designated as confidential. This information . . . is crucial to Zuffa's domination is the industry. Disclosure of this information would clearly threaten their [sic] economic position in the industry and strictly benefit only M-l and Strikeforce. . . . Strikeforce would enjoy nothing more than obtaining Zuffa's confidential and proprietary information for gaining an (unfair) advantage in this highly competitive industry.

(emphasis added)

Given that Zuffa has now acquired Strikeforce, the concern of unfair advantage "in this highly competitive industry" -- at least as it relates to Strikeforce -- is obviously minimized.

The Court denied plaintiffs' application and plaintiffs' motion for summary judgment is scheduled to be filed tomorrow.

I will continue to monitor.

Fight Lawyer

Bill to Legalize MMA in New York Out of the Gate Early in the Senate

2011-03-11T14:50:00.002-05:00

I am happy to report that New York Senate Bill 1707A, i.e. the bill to authorize mixed martial arts in New York, is off to an early start in the Senate Standing Committee on Cultural Affairs, Tourism, Parks and Recreation.

Specifically, the bill is on the Tourism Committee Agenda for next week.

As you may recall from earlier posts, the bill is sponsored by District 47 Senator, Joseph A. Griffo, of Utica New York and originates in the Tourism Committee.

Last year, although the bill passed the full Senate in mid-June, it was not debated and referred, i.e. passed, out of the Tourism Committee until June--near the end of the legislative session.

For a discussion on what happens after the bill passes the Senate, see this post. Essentially, because there is a virtually identical bill that has been introduced in the Assembly, that bill must follow its committee progression (similar to the Senate bill) and ultimately pass the full Assembly before the joint bill would go to the Governor for signature.

The Assembly, of course, was the sticking point last year. The bill was referred out of the Tourism Committee (of which Assemblyman Reilly is a member), the Codes Committee, and ultimately hit a wall in the Ways and Means Committee where no action was taken.

While I hesitate to read too much into anything when it comes to New York politics, in my view, the early action on the bill in the Senate (in particular, before the budget process has been resolved) is a step in the right direction.

By the time the bill passed the Senate last year it was near the end of the legislative session, which did not give proponents of legalizing MMA in the Assembly too much time to use that leverage and publicity to work on pushing the bill in the Assembly.

Now, however, if the Senate can pass the bill in April or even early-May, there will be more time to force the issue in the Assembly.

If this happens, I think the New York grassroots movement can be a critical force by getting the issue on the radar of representatives (who are not otherwise sponsors of the bill or aware of the issue) up in Albany.

I will continue to monitor.

Fight Lawyer

Court Hears Oral Argument on Motions to Dismiss in Pacquiao Mayweather Litigation

2011-03-07T16:36:00.000-05:00

On March 3, 2011, Judge Larry R. Hicks of the United States District Court for the District of Nevada heard oral argument on Richard Schaefer and Oscar De la Hoya's motion to dismiss Pacquiao's complaint and Mayweather Promotions, LLC's motion to dismiss.

After hearing argument, the Court took the motions under advisement except it denied the "Anti Slapp" portion of defendants Schaefer and De la Hoya's Motion to Dismiss.

Specifically, the Court's Minute Entry provides in relevant part as follows:

MINUTES OF PROCEEDINGS - IT IS ORDERED that the Anti Slapp portion of defendants Schaefer and De la Hoya's Motion to Dismiss 15 is DENIED. The Court addresses counsel. IT IS FURTHER ORDERED the remainder of defendant's motion 15 and defendant's motion 49 stands submitted. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - DBN) (Entered: 03/04/2011)

I will keep monitoring for a decision. In the meantime, here is a post where I provide earlier links to my legal analysis on the motions.

Fight Lawyer

Tonight's Fight Predictions

2011-03-05T16:05:00.000-05:00

Here are my fight predictions for both Bellator and Strikeforce tonight courtesy of Tapology.

I could see the Henderson fight going either way and am also not really sure about the Kennedy Manhoef fight--just have a feeling Manhoef gets the KO early.

Fight Lawyer

Zuffa Gets Some Help From The Government in its Piracy Battle

2011-03-03T21:41:00.002-05:00

In my earlier article, Zuffa’s Piracy Fight– Winning The Battle, But Can It Win The War?, I described Zuffa's multi-pronged attack against the piracy of its intellectual property.

In that article, after addressing the different prongs of the attack, I concluded as follows:

Despite all of its successes outlined above, it is important to remember that shutting down infringing streaming sites around the world is like the old game of “whac-a-mole,” i.e. just as quickly as you shut down one site, another site pops up and so on. Further, while Zuffa continues to file after the fact lawsuits against bar owners for publishing unauthorized broadcasts of UFC events, the problem is obviously continuing as is evidenced by the sheer number of lawsuits Zuffa is filing each month.

There is, of course, a deterrent effect – perhaps a website operator will be less likely to illegally stream a ppv (or a bar owner will be less likely to illegally publish a broadcast in its bar) knowing that it may be sued down the road, but clearly the deterrent effect alone will not completely curb the problem.

Further, the international nature of some of the streaming sites would, I imagine, make it even more difficult to obtain effective relief in the US courts.

Today Zuffa received some assistance in its battle from the United States Attorney's Office for the Southern District of New York--assistance that will undoubtedly add to the deterrent effect mentioned above.

Specifically, according to a press release issued by the USAO today:

PREET BHARARA, the United States Attorney for the Southern District of New York, and JAMES T. HAYES, JR., the Special Agent-in-Charge of the New York Office of Homeland Security Investigations ("HSI"), announced the arrest today of BRIAN McCARTHY for criminal copyright infringement. McCARTHY illegally streamed live, copyrighted sporting event telecasts, Pay-Per-View events, and other television programming through Channelsurfing.net, a website he operated. Through advertising revenue he obtained for the website, McCARTHY made well over $90,000, in proceeds from the crime. The arrest follows the February 1, 2011, seizure of that website’s domain name, pursuant to a seizure warrant issued by U.S. Magistrate Judge FRANK MAAS in the Southern District of New York.

UFC events were among those allegedly streamed at Channelsurfing.net:

Indeed, as set forth in the press release:

According to the Complaint unsealed today in Manhattan Federal Court, and the Seizure Affidavit through which the "Channelsurfing.net" domain name was seized:

"Until it was seized by law enforcement on February 1, 2011, Channelsurfing.net provided access to illegal, pirated telecasts of sporting events of the National Football League ("NFL"), the National Basketball Association ("NBA"), the National Hockey League ("NHL"), World Wrestling Entertainment ("WWE"), and the Ultimate Fighting Championship ("UFC") –- all of which hold the copyrights to the televised broadcasts of their respective sporting events."

According to the press release, "McCARTHY, 32, of Deer Park, Texas, is charged with one count of criminal infringement of a copyright. If convicted, he faces a maximum of five years in prison."

The press release concludes by stating that "[t]he charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty."

The website has been taken down -- indeed, if you attempt to go to the URL, a government seizure notice comes up.

Fight Lawyer

My Predictions for UFC on Versus 3

2011-03-03T16:37:00.000-05:00

Here are my picks for tonight's fights courtesy of Tapology:

Fight Lawyer

A Few More Pictures From Albany

2011-03-01T15:34:00.000-05:00

I just came across some additional pictures from the trip to Albany last month over at Un-Caged, The Frank Shamrock Facebook page and downloaded them.

My favorite is the first picture:

Frank outside Assemblyman Reilly's office. Assemblyman Reilly declined our request for a meeting.

Frank with Assemblyman Bing, co-sponsor of the bill to legalize MMA.

Just so happened that the University of Albany MMA Club was doing a demonstration at the Capital that day.

Listening to Assemblyman Englebright, the Chair of the Assembly Committee on Tourism, Arts, and Sports Development -- where the bill to legalize MMA originates.

Next trip to Albany is scheduled this month.

Fight Lawyer

Analysis of the Bisping Situation - Does Zuffa Have the Right to Fine Bisping?

2011-02-28T23:13:00.001-05:00

If you follow me on Twitter, you are likely aware that during the Rivera Bisping fight I expressed my opinion (what I think is now the majority view) that the Bisping knee at UFC 127 was intentional. I thought the knee was clearly set up and Rivera had both knees down and was not in the process of standing.

After the fight, Bisping also appeared to spit in the direction of Rivera's team.

Kevin Iole weighed in on the UFC 127 situation as as well as Dana White's statement today that Bisping will face disciplinary action for his behavior, i.e. a potential fine or suspension. I like Kevin's take on the situation and am providing the video below.

YAHOO!'S Iole on Bisping's behavior at UFC 127 from Steve Cofield on Vimeo.

One interesting legal question is the source of authority for Zuffa to levy a potential fine.

Notably, the relationship between the fighters and the promotion is contractual (and different fighters have different deals) and so the contract must provide the authority to fine Bisping. I think it is far less likely that the contract has a fine provision that say a provision giving Zuffa the right to cut Bisping for inappropriate conduct.

In any event, it will be interesting to here how this shakes out.

Fight Lawyer

UFC 127 Predictions

2011-02-26T09:59:00.000-05:00