Mark Cuban Interview on WSCR
2 video links:
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Cuban is everywhere
I got rotoworld.com stuff
"It's a great sports town, it's a great franchise with a storied history. There's so many opportunities here," he said. "When a team that's so iconic and such an amazing team like the Cubbies come up, it's an opportunity I couldn't let slip by." It's highly unlikely that Cuban would be allowed to enter the MLB fraternity. Though he'd likely be great for the game, the other owners aren't going to want anyone who would rock the boat.
Or face Cuban with no salary cap
WT...where did this preconception come into play
Yes, the high price will dictate
by Fro on Oct 8, 2007 6:12 PM CDT up reply actions
You got to........
by timeforachange on Oct 8, 2007 4:55 PM CDT reply actions
Selig has no say at this stage
Baseball has.......
I believe, any new ownership has to be approved by the majority of the MLB Owners and the Commish.
by timeforachange on Oct 8, 2007 7:01 PM CDT up reply actions
Cuban can play hard ball
Say that Cuban bids about 200k more than any other owner ship group and that Zell accepts it.
Then say that Selig and Reinsdorf do not approve the sale to Cuban.
Can you say federal court for at least 2 reasons.
- Zell wanting the most he can get hauls MLB into court.
- Cuban also goes to federal court (perhaps in conjunction with Zell and the Tribune company).
Throw in some politics (say Durbin, Obama or some such) and MLB could very well lose it's anti-trust status.
I for one beleive this could get quite entertaining before it is over.
Disclaimer: I am not a legal type so what I have posited may be hooey but I wonder.
by cjn54 on Oct 11, 2007 3:36 PM CDT up reply actions
Ivy Walls
The MLB has final say on who gets the team. You have to get approval from the league to buy a team. The anti trust laws allow this. Please post this so called law you think there is.
Publicly Held Corporations
by frustratedfan on Oct 8, 2007 8:25 PM CDT up reply actions
Where do you come up with
It is not in conflict with any law.
Sarbanes-Oxley
Its one of the reasons why it is becoming harder to find directors for Corporations. After the advent of Sarbanes-Oxley the issue as to Director liability has once again become significant.
by frustratedfan on Oct 9, 2007 10:07 AM CDT up reply actions
That's all fine and good
Their is no way around this folks, unless the Supreme court nukes their excemption and that ain't happening.
Your interpretation
I am getting
But the following are facts which cannot be disputed:
- The baseball antitrust exemption is a judical, not a legislative construct dating from the early 20th Century.
- Although the Courts have revisited this exemption and upheld it, and although they indicated (about 20 years ago) that they were disinclined to revisit the issue but rather leave it up to Congress to "fix", there is no legal barrier to prevent the Supreme Court from revisiting the issue if it so decides.
- The critical facts about baseball have radically changed since the original exemption. The entire structure, the impact on interstate commerce, and the entanglements outside of the ball game have changed. And radical changes have also occurred (the elimination of a separate American and National League) since the last time the exemption was considered by the Courts.
- Baseball was sufficiently concerned about the exemption that they settled with one of the losers in the San Francisco Giant case for 6 million dollars to avoid trial.
- Members of Corporate Boards owe a fiduciary duty to the owners of the Corporation (the shareholders). The concept of Fiduciary duty is well known.
- Major league baseball cannot prevent a lawsuit -- either from an aggrieved shareholder seeking to block a sale to a lower bidder or from a losing bidder. In either case, baseball's AT exemption could be put into play.
by frustratedfan on Oct 9, 2007 10:49 PM CDT up reply actions
A lot of back and forth here
I do agree with your point, that if (and it's a big if) the Supreme Court ever decided to accept a case such as this, there is a good chance they would reverse the excemption based on the changes that have evolved with the game over the years. Also, the whole steroid issue would work against them with the justices as well.
I think you will see a whole lot of go between with the Tribune and MLB, if one of the candidates (that is not MLB friendly) has a much higher bid. They will plead their public company scenerio to MLB, but it will probably fall on deaf ears.
If so (especialy if it is Cuban) than MLB
by cjn54 on Oct 11, 2007 3:44 PM CDT up reply actions
The Tribune Company
by frustratedfan on Oct 12, 2007 11:29 PM CDT up reply actions
I really don't care, frustrated how sick
Don't worry, I'll ignore you from now on and let you ramble on with your nonsense trying to pass it off as knowledge.
Here's an idea for you, go buy a few shares of Tribune stock and then proceed to sue them if you don't like the decision.
Did not one of the bidders
Seems to me I came accross that somewhere in the last few years,
Some how Selig and MLB talked them out of it.
Any one know if it was fact??
by cjn54 on Oct 11, 2007 3:41 PM CDT up reply actions
The State
And, of course, what would baseball have done if Cuban, not Zell, had purchased sufficient shares to control the Tribune Company and then spun all of the assets except for the Cubs off to other entities. Certainly baseball couldn't have prevented Cuban from purchasing publicly traded shares.
Of course, the easy solution is to strip baseball of this wholly unwarranted and unnecessary antitrust exemption. While it was imposed by the Judiciary and can be eliminated by the Judiciary, it can certainly be eliminated by the Legislative Branch (and if the Executive wanted to, the Executive could test the exemption in Court by initiating an AT action... but that won't happen as the next Commissioner of Baseball is about 16 months from being out of his current job and certainly isn't going to tick off his next "bosses".
by frustratedfan on Oct 12, 2007 11:36 PM CDT up reply actions
You are partially correct
Thats not to say that Zell and the Tribune company wont' try to pressure MLB to allow them to take the highest bid (I think they already started this by talking of selling assets seperatetly), but in the end, they have no recourse over the rule of 2/3 approval of existing owners.
Restrictive Covenants
If Baseball does not have the AT exemption, which would be the contention of the aggrieved non-purchaser, then it also does not have the legal authority to enforce this part of the agreement. That's the point. No one is saying that MLB doesn't have the agreement, what they are saying is that the agreement may not be enforceable. (And unenforceable provisions in contracts and agreements are not all that uncommon. Most contracts understand this and include a provision holding that the rest of a contract is still valid even if individual clauses are not valid.) Society imposes limits on what you can and cannot contract for.
You cannot agree by contract to work in an hourly job for less than the minimum wage. You cannot agree by contract to waive the right to a safe workplace. You cannot agree by contract to become a slave. You cannot waive by contract your right to workmen's compensation. You cannot be held to a contract in which you agree to commit a crime. And so forth.
Again, is it certain that baseball would lose? Of course not. But it is also not certain that baseball would win. And if I were betting, I would bet against baseball.
by frustratedfan on Oct 9, 2007 10:14 AM CDT up reply actions
I would love to see that challenged
What I think will go down, is one of MLB's preferred groups will be pressured to at least come very close to any potential bid from Cuban. Now if Cuban blows people away with a bid of say - 1.3 or 1.4 billion, it could get very interesting.
Very bad example
This is a group of owners who agree by contract and you can only get in with their approval. They can refuse you for any reason they choose even IF you offer the most money. If you could PROVE they refused you because of your race, religion or sexual orientation ( in NYC anyway) then you have a case if they refuse you because they are a bunch of old conservative folks who don't want a new loud fun guy, too bad you don't get in.
Baseball has the AT exemption. What are the odds it gets removed by Congress so Cuban can buy the Cubs over MLB's objections ? The Trib bought the team knowing the rules and signed off on them, a new buyer must do the same. Anyone who witnessed the way the sales of both the Nats & Red Sox where handled ( both to bidders which by all reports were NOT the highest) The Red Sox ran into a bit of trouble with the MA AG
but got past it with a contribution to charity.
You may not LIKE the set up but it is not illegal and it won't be
challanged in court.
by jessica on Oct 9, 2007 1:07 PM CDT up reply actions
Just for conjecture
Remember this is an important ILL company, you could concoct a scene where the ILL pols jump into this.
Combine that with a federal court room and you have a real jolly show potential.
by cjn54 on Oct 11, 2007 3:48 PM CDT up reply actions
This is silly
where being sold by a CHARITY licensed in the state there for the state had some obligation to make sure it was correct. They don't get involved in corporations.
by jessica on Oct 11, 2007 4:17 PM CDT up reply actions
The Trib or Zell has no time
That's not to say the process won't get interesting because you do have Zell and Tribune wanting to get every penny possible for the sale and MLB wanting to hand pick who they will allow into their little club.
I think Cuban is the kind of guy who would over bid by 200 mil or so, just to cause a rucus. In a circumstance like that, you may see Zell going to MLB and saying their buddy Canning needs to come up with more dough. He won't have much recourse, but he certainly won't be a happy guy.
One thing that is important to remember, is Zell is not one of your "good ole boy" businessman, and he goes against the grain. In the end, I don't think MLB wants him pissed and they will do everything possible, to have their preferred candidate come up with a competitive bid.
Basic Fact Wrong
As for provisions, lots and lots of contract provisions are found to be unenforceable because of public policy. The racial Covenant is simply the most obvious and most egregious. But the fact that a contract has a provision which prevents you from doing X does not automatically mean that you cannot do X. (For example, most parking tickets have boiler plate which absolves the parking garage of any liability at all. However, many of those contract provisions have been held to be unenforceable).
by frustratedfan on Oct 12, 2007 11:44 PM CDT up reply actions
he should be able to own the team
You are....
by timeforachange on Oct 8, 2007 5:00 PM CDT up reply actions
So what?
Isn't that what we want?
John Henry's group preserved and spent money on fixing and expanding Fenway Park, and hired top baseball people and then left them alone to do their jobs.
THAT is what we want here. I am NOT convinced that Mark Cuban would do that.
Be careful what you wish for.
Why is it that
by LilLPLancer23 on Oct 8, 2007 5:14 PM CDT up reply actions
What???
Until then, I'd love to emulate them.
by NO100 on Oct 8, 2007 5:34 PM CDT up reply actions
Exactly...
I don't get why people are so high on Cuban to begin with? Yes, the Mavericks make it to the post season every year, but as a bunch of people on this board like to point out, it's about winning championships, not just making the post season.
Why would we want the Ozzie Guillen of owners?
Huh
by LilLPLancer23 on Oct 8, 2007 5:21 PM CDT up reply actions
Tell that to the Bills
yea, and look at them now...
by LilLPLancer23 on Oct 8, 2007 5:26 PM CDT up reply actions
yeah...
on that note,
by LilLPLancer23 on Oct 8, 2007 5:28 PM CDT up reply actions
I need him and Lee Evans combined
I drafted him
by LilLPLancer23 on Oct 8, 2007 7:39 PM CDT up reply actions
I picked him up on the Waiver wire
The Bills tanked after they fired Polian as GM
by Fro on Oct 8, 2007 6:09 PM CDT up reply actions
I think you missed the point
Maybe in football...
by number1cubfan on Oct 8, 2007 8:20 PM CDT up reply actions
There's the A's
I don't agree with this
I think people are reacting to the stereotype of the celebrity owner and not Mark Cuban. If someone can give me an example of Mark Cuban interfering with the player operations of the Dallas Mavericks, I'll change my tune. I'm not an NBA expert.
For the record, I neither support nor oppose Cuban buying the Cubs. But I think this is a totally bum rap that he interferes in player matters. Please give some evidence from the Mavericks if I'm wrong.
Yes, this was wild speculation
Are you serious.....
As for your Ozzie Guillen comment, I think it is laughable. IMHO, I would take him as a manager of my club. If he was the manager for the Cubs, I believe people here would love him.
by timeforachange on Oct 9, 2007 10:02 AM CDT up reply actions
Al.....
by timeforachange on Oct 8, 2007 7:03 PM CDT up reply actions
After.....
by timeforachange on Oct 8, 2007 7:08 PM CDT up reply actions
It's not just what Selig wants folks
Wasn't there speculation...
I seem to recall some on this board saying exactly that - the Cubs' value would be greatly undercut if someone else owned Wrigley, and since MLB ownership approval only involves the "team" (and not the stadium or ancilliary companies), Zell could hijack the MLB owners into approving someone they might find odious, like Cuban, if he was the high bidder.
Anyone know anything about this? Bruce Miles? Any other reporters out there? To me, this is a HUGE story...both business and sports angles involved, and a potential model for future ownership sales to open up MLB to more than the current "boys club."
Most likely...
I still don't see why everyone is so enamored with Cuban. To me, he comes across as "it's all about me", rather than "it's all about winning". Take, for example, the quote from him in this article:
A seat "marked out for me and my friends"? A real man of the people, that guy. What a self-serving jerk he is.
Give me a group funded by people with money who are willing to spend it and then who will shut up and let their baseball people run the show. That's what they got in Boston with John Henry's group, and got great results.
Yup.....
Again
I want to know how Cuban got this reputation. As far as I can tell, he has never interfered with the personnel or on-court activities of the Dallas Mavericks.
Somewhere around here.....
Here
"I remember when I got there sitting and talking to [Nelson]," says Cuban. "We were 9-23, and he was like, 'Look, we could bag the rest of the season to get a top draft pick.' I was like, 'No, we've been ten years out of the playoffs. At some point, you have to learn how to win.'" (Nelson's lawyer, John O'Connor, disagrees with this version of events: "I wasn't there. But Cuban has a very active imagination.")
Cuban managed his players with a carrot and a stick. He flew them around in a jet that was so plush Tom Cruise rented it last year to fly his guests to Italy for his wedding to Katie Holmes. At the same time, the Mavericks' new owner wasn't above storming into the locker room and cursing them out when they lost, or going on the court during games and listening in on their huddles.
http://money.cnn.com/2007/10/03/news/newsmakers/mark_cuban.fortune/index.htm?postversion=2007100412
That's a maybe
But here you're having to go back to the very first months of Cuban's ownership. You would think if he were a "meddling owner," there would be more than one ten-year old example.
Al.......
by timeforachange on Oct 8, 2007 7:06 PM CDT up reply actions
I'm sorry for this rant but this is just pissing
I'm just guessing...
Perhaps if Cuban talked about why he should be the owner and how that would translate into a championship besides just throwing around money, Al and other people (including myself) would want the guy as an owner. However, Cuban talks about owning the Cubs so that he can get good seats in RF.
Just read it
Thats what I would want more than anything
If you want an average fan to be the owner
Who cares if it is a corporate suit? The only thing that matters is winning, how they are going to do it, and why they are best for the Cubs, not where they are planning on sitting.
I want winning more than anything
Don't you pretty much have your seat marked
by oldtimer @ Bleed Cubbie Blue on Oct 9, 2007 12:46 PM CDT up reply actions
I do not trust Selig
I want some one who will really, really care about the Cubs (and not just about$$ like the Trib did until this year).
And if Cuban were to upset some umps than considering the way they have acted this year then I say good!
I am beging to like the idea of Cuban getting the Cubs
by cjn54 on Oct 11, 2007 3:54 PM CDT up reply actions
All I care...
All I care
Let's remember one thing
Let's also realize that times have changed
Only a moron with a financial
Clarification
This case wouldn't even be taken by a court...
Wrong
by frustratedfan on Oct 8, 2007 8:13 PM CDT up reply actions
Recourse
- At the time of the Baltimore Baseball case (the seminal Supreme Court decision) the American and National Leagues were separate entities and really did very little beyond provide general administration. The American and National leagues are now part of an entity called "Major League Baseball".
- At the time of the BB case, the league did not negotiate a National TV contract. The National TV contract, which involves the sharing of a pool of revenue, is a business relationship.
- At the time of the BB case, the league did not have a trademark pool sharing the Royalty rights.
- MLB has now scheduled games in other locations (other than those of the two teams involved).
by frustratedfan on Oct 8, 2007 8:20 PM CDT up reply actions
The guy I'd like to see as Cubs owner...
It's Don Levin.
Who? Some of you are asking.
Levin's the owner of the Chicago Wolves, the AHL hockey team in Chicago. He's a Chicago native, a Cubs fan, has deep pockets and has produced a team that has won championships, perenially contends, and is extremely fan-friendly. And yet, you've probably never heard of him, because he stays in the background and lets his hockey-knowledgeable people make the decisions. Wayne Messmer, one of the Cubs' three PA announcers, is a VP of the Wolves.
I'm 100% in favor of Levin, who has indicated interest in the Cubs -- but who has stayed in the background rather than in the bleachers.
I agree Al
Sorry but,
It's all public relations.
HD-Net
I heard or read somewhere that YES (Yankee network) was actually worth more than the team. The Cubbies on HD-Net makes that whole package worth more. Cuban could then potentially sell out the combined package and make another financial killing. Mark is no dummy folks. Let's just say he is following in Ted Turner's footsteps.
Go Cubbies!
Interesting point.
I'm not fond of Cuban's "it's all about me" personality, but clearly, he's a shrewd businessman.
I don't like his all about me
Look at Steinbrenner; the guy is really a jerk and how he has treated his managers is really classless. With that said, the guy makes one thing clear - anything less than winning a championship is not acceptable, and that permeates through their organization. Certainly, the Tribune company didn't come close to developing that culture, and it showed up in their win/loss record over 26 years.
Your point is well taken.
Which is why I'm behind the Don Levin group.
AL
Because he actually is a fan of the team he owns? Because he wants to sit in the bleachers and enjoy watching his team?
The Mavericks were a pathetic organization before he came. Yes, they haven't won. They HAVE been one of the top 3 teams every year, got to the finals, and transformed into a team in which losing is not accepted.
I haven't seen him making personnel decisions on a whim. I've seen him be quite responsible.
The guy has a passion for his teams and I think it's quite admirable. Yes, I wouldn't want to sit in a room with him for 5 hours. But I also think he'd be good for the Cubs and for the city of Chicago.
Are you not sick of the suits running the Cubs now? I don't even know who they are, and have never seen any indication that they give two hoots about this team or about winning.
I'll tell you one thing... Mark Cuban would not have sat there and let Andy MacPhail screw up for 10 years the way Tribco did.
I'd like to know this too
by GoCubbies34 on Oct 11, 2007 10:22 AM CDT up reply actions
Hardly.
Yup, that's the guy I want, riiiiiiight.
Don Levin owns the Wolves, a successful, fan-friendly organization that has won championships -- and he stays in the background, puts his money up, and lets his hockey people run the show.
Sounds good to me.
I really don't know
by GoCubbies34 on Oct 11, 2007 12:08 PM CDT up reply actions
That is a bunch of B.S.
by oldtimer @ Bleed Cubbie Blue on Oct 11, 2007 3:18 PM CDT up reply actions
Al - I do not know any thing about Levin
My guess is that Cuban would within say 10 years engineer some kind of new ball park perhaps paying for it himself.
Thoughts??
by cjn54 on Oct 11, 2007 4:00 PM CDT up reply actions
Maybe.
This could preserve the ballpark for another fifty years. I doubt Cuban could finance a new ballpark all by himself -- that's serious money we're talking about, after buying a franchise.
And where would you put it?
Cuban wanted to sit in Right Field
as welcome as anyone
FYI OT I am amused that Bill O'Reilly is now after him over a film his company, Magnolia is set to release about Iraq. However O'Reilly has described Cuban as more or less a dupe of director
Brian DePalma which is hardly the case. Cuban may be many things but a mislead dupe is not one of them
by jessica on Oct 11, 2007 12:11 PM CDT up reply actions
Pink Hat Guy
He seems as crazy as Cuban.

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