Posts Tagged ‘Rick Buchanan’

Failed Drug Tests Aren’t Only Teeth In NBA/NBPA Anti-Drug Program

Like the folks who run Major League Baseball, the NBA believes it has a strong, modern, effective anti-drug program.

Like MLB, the NBA has worked with its players association and consulted with top authorities in the field to build an exhaustive and ever-evolving list of banned substances, from marijuana to drugs of abuse to the more topical, integrity-challenging steroids, performance-enhancers and masking agents.

So with MLB embroiled in recent weeks in the investigation of and penalties to 14 players snared in that sport’s latest doping scandal – without any indication that even one of those players failed a drug test – the question for the NBA or any other league seemed obvious: How good can an anti-drug program really be if admitted violators aren’t testing positive?

The answer from NBA HQ: Pretty good, because its anti-drug program goes beyond testing.

In baseball’s probe of the Biogenesis clinic in south Florida, it took leaked documents, statements from lab founder Anthony Bosch and an associate, other sources of information and an article in the Miami New Times, an alternative news publication, to snare the PED users.

Milwaukee Brewers outfielder Ryan Braun accepted a 65-game ban on July 22. Twelve major leaguers already have acknowledged their involvement and begun suspensions of 50 games each, while Yankees third baseman Alex Rodriguez is appealing his 211-game suspension.

The names of athletes from other sports supposedly turned up in the investigation, and NBA deputy commissioner Adam Silver said that he, chief compliance officer Rick Buchanan and other league executives were not aware of the involvement with Biogenesis of any NBA players.

None wanted to comment specifically on the MLB cases or their ramifications for the NBA. But the league’s anti-drug program has provisions that don’t require a failed test to intitiate the discipline process. Beyond the six random, unannounced tests during each season and offseason to which each player is subject, tests can be administered based on reasonable cause at any time.

Also, the policy allows for evidence coming from outside sources, such as Biogenesis’ trail of texts and electronic messages. A summary of the NBA’s program includes the following:

If the NBA obtains evidence of a player’s use, possession or distribution of a Prohibited Substance, it can take that evidence to a neutral arbitrator. If the arbitrator finds that the player has used or possessed a Drug of Abuse, or has distributed any Prohibited Substance, he will be dismissed and disqualified from the NBA. If the arbitrator finds that the player has used or possessed Marijuana or a SPED, such a finding is considered a violation under the Program and the player will be subject to the same penalties imposed for a positive drug test.

Silver also repeated to the New York Post last week what he and commissioner David Stern talked about after the Board of Governors meeting in Las Vegas last month: The NBA is looking to implement testing for human growth hormone (HGH), in addition to the urine testing that’s conducted for approximately 160 prohibited substances on its current list. HGH is on that list and NBA players who participate in international and Olympic competition have undergone the blood testing it requires, but that provision is not yet contained in the league’s anti-drug policy.

Negotiating for that with the National Basketball Players Association – the anti-drug program is “jointly maintained and administered” by the NBA and the union – currently is on hold while the NBPA attends to other business. A new president to succeed Derek Fisher in the top agenda item at the the NBPA summer meeting Wednesday in Las Vegas, and the search for a new executive director to replace Billy Hunter could last through the end of 2013.

Some might consider it luck, and a statement on the early types of steroids and their effects, that the culture of PEDs has not taken hold in the NBA as it has in some other sports.

Now at least – much as MLB has seen in the wake of its latest scandal – the NBA is optimistic that the majority of its players see them as cheating and want to deter their use.

We Have (The Makings Of) A Deal!

– For labor updates, follow: @daldridgetnt | @AschNBA

NBA.com’s Labor Central

After 15 hours of negotiations Friday-into-Saturday –- and 149 days of lockout start to finish -– representatives of the NBA owners and players reached a tentative deal on settling their various lawsuits that should lead to a new collective bargaining agreement that will salvage a shortened 2011-12 season beginning on Christmas Day.

Details of what will become a new labor contract still were vague when the meeting ended after 3 a.m. ET at a New York law office. But the bones of a deal reportedly call for the players to receive a “band” share of basketball-related income ranging from 49 percent to 51 percent depending on the league’s growth (with a more reasonable shot at 51 than in previous offers). A laundry list of system issues, meanwhile, are intended to make the NBA more competitive across its 30 teams.

NBA commissioner David Stern and Billy Hunter, the former executive director of the players’ former union, met with reporters in an impromptu joint news conference shortly after the meeting.

“We’ve reached a tentative understanding,” Stern said, “that is subject to a variety of approvals and very complex machinations. But we’re optimistic that will all come to pass and that the NBA season will begin on December 25th, Christmas Day, with a triple-header.

“We’re very pleased that we’ve come this far. There’s still a lot of work to be done in a lot of places, with a lot of committees and player groups and the like. But we’re optimistic that it will hold and we’ll have ourselves an NBA season.

Stern said the owners’ labor relations committee would be briefed Saturday, with the agreement passing then to the overall Board of Governors. The commissioner said he expects both bodies to endorse the deal.

Said Hunter: “We’re going to turn it all over to the lawyers here and have them work out all the details. We’ll be able to then talk with you further as that process proceeds.” It could take a week to 10 days for the players to re-form their union and ratify a formal CBA.

Stern and Hunter did share a few details on the shortened season. A 66-game regular-season schedule, first reported by the New York Times Wednesday, is likely, pushing the start of a full playoff bracket a week or so later into spring. The plan is for training camps and free agency to both begin on Dec. 9, though details remained sketchy. All-Star Weekend in Orlando, initially set for Feb. 24-26, is expected to be preserved.

Technically, the talks that stretched from noon Friday into the wee hours Saturday were aimed at settling the antitrust lawsuit filed last week by the players when they dissolved their union. But the essence of that settlement will serve as the new CBA, assuming remaining “B-list” issues are worked out, lawsuits by both the players and the league (anticipating the union’s disclaimer of interest) get dismissed, the union gets re-formed with the league’s approval and the deal is ratified by both the NBA’s 30 owners and its 430-plus players.

The “A-list” issues, though, were the ones that had hung up the season, forcing what will be an opening night delayed by 55 days. They’re the ones that caused bargaining to break down Nov. 14 and they’re the ones that needed to be addressed to both sides’ satisfaction –- or tolerable dissatisfaction -– for the tentative agreement to get struck.

Finding middle ground on those was key. Among them:

– The mid-level exception for non-taxpaying teams will have a maximum length of four years every season (instead of alternating at four years, then three years). Starting salary can be as much as $5 million.

– There apparently will be a “mini” MLE for taxpaying teams, restricting the amount they can offer to free agents.

– A 10 percent maximum escrow tax will be withheld without the unlimited “true up” amount requested by the owners in their previous offer.

– Extend-and-trade deals –- as used by Carmelo Anthony and the New York Knicks last season –- will be modified but not eliminated in a new CBA. That could impact players such as Orlando’s Dwight Howard and New Jersey’s Deron Williams.

(more…)

Labor Talks: No Thanks And No Giving

– For labor updates, follow: @daldridgetnt | @AschNBA

HANG TIME HEADQUARTERS – Holiday season?

Where?

The mood has yet to strike us here at the hideout. Sure, we’ve got all the Turkey Day fixings ready for Thursday.

But Thanksgiving?

Whatever.

Inside our own little basketball world here, there is little to be thankful about these days. We’re thankful the entire season hasn’t been canceled (yet). We’re thankful there is still a scrap of hope that the sides will come to their collective senses and put an end to this dreadful lockout.

But without either side giving an inch in the coming days and weeks, we won’t have that scrap to hold onto. Time is running short and not even the holiday season seems to be affecting the mood of the major players in this drama.

The consolidation of lawsuits and the refusal of either side to pick up a phone and do the right thing to bring NBA basketball to the fans this season is becoming an increasingly frustrating soap opera to watch since, as NBA.com‘s Steve Aschburner points out, all we are is stuck in court. Keep this up and those same fans will find other outlets for their creative juices.

Many of these owners know how damaging a lockout can be, having gone through the 1998-99 lockout. There are 33 active players living through the second lockout of their careers — Steve Nash, Jason Kidd, Kevin Garnett, Paul Pierce and Grant Hill among many others — an average of slightly more than one player per team. You’d think they would know exactly how costly this current fight will be on the collective psyche of fans that don’t care about the particulars and just want their game back.

But while millions of people will spend Thursday carving that Thanksgiving turkey and watching NFL games with family and friends, enjoying every second, our game will remain dormant. Someone needs to wake up and breathe life back into the game. All it takes is one phone call to get the proverbial ball rolling …

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Ken Berger of CBSSports.com: The NBA season is now in the hands of lawyers who can’t even figure out how to start a game of phone tag. That’s where we are. In a media briefing Monday to announce that the players have consolidated and refiled two separate antitrust claims into one class action in Minnesota, attorney David Boies lamented the slow response and virtual silence from the NBA since the actions were first filed last Tuesday. In fact, he scoffed at the league’s response — delivered to reporters via email from NBA counsel Rick Buchanan, and not commissioner David Stern — as evidence for why making a phone call to begin settlement talks would be “a waste of time.” “I think they’ve made pretty clear, including by the statement that they just made, that they’ve got no interest in talking to us,” Boies said at his Manhattan office. “It takes two people to negotiate.” But it only takes one person to pick up the phone and dial a number to get the ball rolling. And Boies said neither side had done that as of Tuesday, at least not at the highest levels of the law firms involved — the law firms that now hold the future of a sport in their hands. Legal protocol says that Stern can’t really call former union director Billy Hunter, and the attorneys for either side can’t call one of the clients on the other. It’s a tangled web they’ve woven, one that has made tracks in four district courtrooms in three states since the NBA first sued the players in August. As to whether the players’ attorneys should call the NBA’s attorneys, or vice versa, there is protocol for that, too. The players have sued the NBA, and thus it is incumbent upon the NBA to respond. The league has until Dec. 5 to formally respond to the lawsuit in the U.S. District Co in Minnesota. Or, its legal representatives can at any time pick up the phone and call Boies or any of his associates working on behalf of the players to initiate settlement talks. This would not only bring the league closer to stopping the clock on potential damages, but also would start the clock on possibly having a basketball season.

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Howard Beck of The New York Times: The N.B.A. will argue that the players’ disbanding of the union is a sham perpetrated solely as a bargaining tactic, and that the antitrust laws should not apply. Boies said the primary goal remained a quick settlement that would save the 2011-12 season. “If the league’s approach is to ignore this litigation and try to go into a state of denial and hope it goes away, I think that will not be in anybody’s interest,” Boies said. “I don’t think it’s in our interest, I don’t think it’s in their interest. It’s certainly not in the fans’ interest.” Boies said he originally considered filing the lawsuit in Minnesota, which is in the Eighth Circuit, before choosing Northern California, which is in the Ninth Circuit. Both jurisdictions have a history of player-friendly rulings, with one notable recent exception. Last spring, the Eighth Circuit Court of Appeals rejected N.F.L. players’ bid for a permanent injunction to end that league’s lockout. Boies represented the N.F.L. in that case. The Minnesota court provides two advantages over the Northern California courts, Boies said. It generally has a less congested docket, and it has a history of moving cases along swiftly. Although antitrust cases can sometimes take years to resolve, Boies said he believed he could get a declaration of summary judgment much sooner, perhaps in three months. “This is not a complex antitrust suit,” Schiller said, adding, “It’s not going to take years. It’s going to take months, if not weeks.”

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Chris Sheridan of Sheridanhoops.com: The next logical step in the illogical NBA lockout is for David Boies to call Jeffrey Mishkin, or for Jeffrey Mishkin to call David Boies. The latter attorney, Boies, who represented Al Gore against George W. Bush in the 2000 U.S. presidential election, now represents NBA players, and Mishkin is the outside counsel for NBA commissioner David Stern and the owners. It would take approximately 2 minutes for their secretaries to put that call together. And after obfuscating and posturing for the better part of an hour in a meeting with reporters Monday night, Boies finally yielded to the  relentless logical questioning of yours truly, put his hands to his temples for 13 seconds and then said he may just go ahead and make that phone call sometime in the next day or two. “Some lawyers say to pick up the phone is a sign of weakness,” Boies said. “But if you’re weak, you’re weak, and if you’re strong, you’re strong.  It doesn’t make you weak or strong by your calling or not calling. On the other hand, until they’re prepared to say something other than what they just put out in this statement, the question is, why are you calling?” This particular episode of peacocking … oops, I mean news briefing … was designed to be a show of strength from the players’ new lead attorney, an epic billable hour ($1,225 is Boies’ going rate) of rhetorical posturing about how the NBA owners are now in really, really big trouble because they are leaving themselves open for triple damages —  about $6 billion if the entire 2011-12 season is missed.

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Marcus Thompson II of the Oakland Tribune: Warriors rookie Klay Thompson, drafted No. 11 overall, crossed that bridge last week when his beloved Washington State Cougars took on rival Gonzaga. Watching from home, he said had he known the lockout would have come to this, “it probably would have affected my decision” to leave college early. Whether they should have stayed college isn’t the only nagging question. Should they go overseas? Should they borrow money or tough it out? It is common practice for rookies — especially first-rounders, millionaires-in-waiting — to get a loan from their financial adviser. Some, like Thompson, however, don’t want to accumulate debt. So he’s “living like a broke college student” while staying at home with his parents. Tyler is living with his brother in Cupertino. The hard part about the waiting, they say, is they have no idea when it will end. Eventually, they’ll get paid, get to play on the big stage. Until then, their time is filled trying not to go insane. “They need to work out,” Oakland-based agent Aaron Goodwin said. “Take a class or two online. Do some work towards finishing their degree.” Both Warriors rookies said they work out daily. Preparing for camp, whenever it starts. Training for their debut, whenever it comes. Tyler, who’s been training at Cal, said he is embracing the center position. He’s trying to get in the best shape possible and work on his low-post game. Thompson trains at various spots in Southern California and plays pick-up with various NBA players in the area. Still, he acknowledged the monotony of it all. “It’s de-motivating,” Thompson said. “Not knowing when the season is starting. Not knowing how long this will go on. We’re doing the same thing every day. I’m not going to lie. It’s hard to stay motivated.”

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Kurt Helin of ProBasketballTalk.com: Hope of a partial season springs from the fact in the next few weeks (likely after Dec. 5) we can expect the judge to order more mediated negotiations between the two sides, PBT was told. Mandated mediation is commonly part of anti-trust lawsuits, essentially a chance for the judge to make sure the two sides really want to go down this path. To give the sides one more chance to settle their differences without a judge involved. (It is possible one side picks up the phone and calls the other to ask for a negotiating session, but that is the less likely scenario. The owners have said they wouldn’t do that and players attorney Boies said he would not because the league is not receptive.) A judge likely will order mediated negotiations by the middle of December if not before, according to the source. Talks would start soon after. This would be similar to the talks when federal mediator George Cohen sat down with the sides last month. The one key difference would be the level of pressure on both sides to figure this out — the players do not want to lose a season of salary ($2.2 billion), the owners do not want to lose a season of revenue (at a much higher percentage for them than the last deal), plus neither side wants to damage the game by costing a full season. What is the point of fighting over how to divide up the revenue pie if the pie itself gets smaller? In addition, the threat of summary judgment — which would certainly be a huge loss for whichever side did not convince the judge of its case — is another motivation for both sides to figure this out.

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Lee Benson of the Deseret News: Derek Fisher isn’t unique or alone. He simply serves as a convenient and highly visible example of the serious dysfunction that is the NBA, a place where for decades well-paid, well-fed employees have constantly snapped at the hands that feed them. Here in Utah we’ve been watching it up close and personal since the Jazz first arrived in 1979. It’s been like living next door to the expensive house on the hill where the parents continually and lavishly spoil their children. They give them whatever they want, treat them like royalty — and in turn the children behave like ungrateful brats. We’ve all watched as salaries have increased like Argentinian inflation, as amenities that range from plush practice and playing facilities to charter jets have grown exponentially, as players have become so pampered they don’t even drive their own Escalades to the arena and wouldn’t think of paying full-price for anything. (And as the price of tickets and concessions rise year after year.) And yet, it’s never enough. Right now, the average NBA salary is $5.1 million, the median NBA salary is $2.4 million (half of the players make more, half make less), and the least anyone can make is $500,000 (the rookie minimum). And the players are revolting at the owners’ notion that they need to scale back because there’s a Great Recession going on, almost a 10th of America is unemployed … and by the way, two-thirds of the league’s franchises are losing money every year. In a way you can’t fault the players. Isn’t this how the overindulged always behave? By the same token, the owners have only themselves to blame. They purchased their season of discontent through their decades of constant pampering and acquiescence.

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Michael Lee of The Washington Post: Andray Blatche may have missed out on his first NBA paycheck of the season last week – and might lose out on $6.4 million if the NBA lockout wipes out the 2011-12 campaign – but that hasn’t stopped him from trying to make Thanksgiving special for some families in need. Blatche plans to join Roger Mason Jr. and the National Basketball Players Association on Tuesday to hand out 100 turkeys on a first-come-first-serve basis at the Laurel Boys and Girls Club from 6 p.m. to 10 p.m. Blatche has given away turkeys through his charity foundation in the past, but he rarely had the opportunity to connect with people since he was busy playing for the Wizards. But already this year, Blatche has given turkeys to single-parent mothers, breast cancer survivors and battered woman in his hometown of Syracuse, in South Carolina and Florida. He also volunteered over the weekend at a round-robin basketball challenge sponsored by the Maryland-National Capital Park Police. “I’m at a point in my life where I’m straight,” Blatche said in a recent telephone interview. “I’m just doing what me and my family believe in, which is giving back and always count your blessings. That’s why I’m out here doing as much stuff as possible. Even though it’s not the season, I’m still continuing to do what I’ve been doing.” Blatche has been a steady presence over the past few months at the Laurel Boys and Girls Club, where he has worked out with trainer Joe Connelly four to five days a week. Mason and Wizards teammates John Wall and Hamady Ndiaye have also trained with Blatche in recent weeks. “They let me work out there, so I’m showing some love back,” Blatche said of his turkey giveaway.

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Iman Shumpert for the New York Post: Friday night, I headed out to Bridgeport, Conn., to play in another charity game for us locked-out players. The people who came out — maybe 2,000 — provided us plenty energy with cheers and competitive boos. I decided to sit out the last part of the game after going up for a dunk and feeling an awkward pain in my knee. I could have kept playing, but decided just to ice it to ensure I was OK. Nothing major. I think it was due to not warming up at half because I was hanging out with fans and doing photos and autographs, which is partly why we were there. Some of the many participants were Tyreke Evans, Sam Young, Josh Selby, Wes Mathews, Nolan Smith, Howard Thomkins and Travis Leslie. My team won, 171-169. The best part for me was getting a chance to connect with more Knicks fans praying for a season! It was a great turnout. The last couple days, I’ve spent time in the studio where Tupac was shot — Quad Recording Studios in Midtown. Definitely a magical feeling in that sort of work environment. I did a collaboration with Billz, an up-and-coming, unsigned Brooklyn group. This Thanksgiving, I have a lot to be thankful for. The lockout has given me a chance to for once have a lot of down time to spend with family and friends.

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