@@Toronto Raptors

[Begley] Knicks have filed response in lawsuit vs Raptors. They argue that NBA commissioner Adam Silver shouldn’t be the person to arbitrate the disagreement between the teams.

  • November 20, 2023


Ian Begley is a reporter covering the Knicks, Nets and the NBA

This is in reference to the lawsuit this summer – [https://apnews.com/article/knicks-raptors-lawsuit-5eaac2d5dc7abb3366d7f1d4d37fc0e2](https://apnews.com/article/knicks-raptors-lawsuit-5eaac2d5dc7abb3366d7f1d4d37fc0e2)

TLDR: Knicks argue that Adam Silver cannot fairly oversee arbitration as a Raptors’ minority owner currently serves as the Chairman of the Board of Governors. Knicks are also seeking over $10 million in damages and the league process caps at 10.

Full tweets on the topic:

[https://twitter.com/IanBegley/status/1726684894342922707](https://twitter.com/IanBegley/status/1726684894342922707)

>Knicks have filed response in lawsuit vs Raptors. They argue that NBA commissioner Adam Silver shouldn’t be the person to arbitrate the disagreement between the teams. Statement from MSG Sports spokesperson: “We were the victim of a theft of proprietary and confidential files, which is a clear violation of criminal and civil law, and we remain confident that the Court will decide in our favor in this matter.”

[https://twitter.com/IanBegley/status/1726687296249106617](https://twitter.com/IanBegley/status/1726687296249106617)

>In filing, Knicks argue that alleged intellectual property theft by a ex-employee currently w/TOR falls outside the purview of the NBA constitution. They compel the court to not send case to an arbiter. They cite Adam Silver’s previous deferral to the court to decide the matter

[https://twitter.com/IanBegley/status/1726689943219814679](https://twitter.com/IanBegley/status/1726689943219814679)

>In Knicks’ response to Raptors, NYK lawyers write that they intend to prove in trial that damages related to the alleged intellectual property theft exceed $10 million. The penalty Adam Silver can levy a team is capped at $10 million, per the NBA Constitution.

[https://twitter.com/IanBegley/status/1726690824451473485](https://twitter.com/IanBegley/status/1726690824451473485)

>In argument against arbitration in their dispute vs. TOR, NYK lawyers write that ‘a Raptors’ minority owner currently serves as the Chairman of the Board of Governors, which is the head of the body that hired (and can fire) the Commissioner and sets his annual compensation.’

17 comments

  1. That’s why it’s a committee, they vote on shit together. Ratface Silver reports to the board of governors not to Larry

  3. I really fail to understand how some guy taking some video clips and spreadsheets to his new job cost an NBA franchise over $10m in damages. It’s not like they no longer have access to the stuff he took, right?

  6. Pretty simple for Adam Silver – just kick the Knicks out of the league if they feel he can’t do the job – if they don’t have confidence in head of NBA – then don’t be a part of the NBA.

  12. And who do the Knicks think should arbitrate the agreement, exactly? A judge who is a Knicks fan? FOH with that nonsense.

    He can drop that shit. He’s only making himself look stupider.

  13. dolan needs money to pay for that useless sphere in vegas thats losing hundreds of thousands per week lol

  15. Just a couple things from the bylaw article that the Knicks are citing:

    (d) The Commissioner shall have **exclusive, full, complete, and final jurisdiction** of any dispute involving two (2) or more Members of the Association.

    (l) The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner’s judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000.

    Yeah, Knicks don’t have a leg to stand on here, as far as jurisdiction. You can’t agree to the bylaws and then try and get out of them because you made up a damage amount that’s greater than what the bylaws allow.

    ​

    [https://ak-static-int.nba.com/wp-content/uploads/sites/3/2015/12/NBA-Constitution-and-By-Laws.pdf](https://ak-static-int.nba.com/wp-content/uploads/sites/3/2015/12/NBA-Constitution-and-By-Laws.pdf)

  16. Just finished Law School and took a lot of Sports Law classes, American courts will always give deference to professional sports leagues, their CBAs, and rules.

    Courts may step in when a party can prove that a Commissioner is acting arbitrarily or capriciously, which is a really high bar

  17. Hey tbf if raptors sold me a slightly used Bargnani for a 1st and two 2nds I would be angry for life too.

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