422 replies to this topic

[reyes7]

Franco Panizo on Twitter: "And wouldn’t you know it. Kaku has delivered an assist on the opener in his Al-Taawoun debut. Sublime cross from the left flank in the first half. #RBNY #MLS https://t.co/1I4mQcovni" / Twitter

[Koko]

This is looking much worse for Ham Sandwich the longer it goes on.

[RedBullScouse]

This is looking much worse for Ham Sandwich the longer it goes on.

1000% as soon as this is resolved (either way) he will choose to pursue other opportunities and/or spend more time with his family.

[elf]

This is looking much worse for Ham Sandwich the longer it goes on.

The news for him hasnt been great but hamsanwich and rbny need to drag this out to vindicate themselves.

Having said that... although I think rbny and ham sandwich are in the right... it was their choosing to play in this grey area of the law. I dont see how rbny's general counsel or hammy survive this..

[RedBullScouse]

The news for him hasnt been great but hamsanwich and rbny need to drag this out to vindicate themselves.

Having said that... although I think rbny and ham sandwich are in the right... it was their choosing to play in this grey area of the law. I dont see how rbny's general counsel or hammy survive this..

Do we even have a general counsel?     I can't think any minimally competent attorney wouldn't have paid closer attention to the "If to" notifications language in the contract.  That's just basic 101 attorneying.

[iced1776]

Do we even have a general counsel?     I can't think any minimally competent attorney wouldn't have paid closer attention to the "If to" notifications language in the contract.  That's just basic 101 attorneying.

 

I thought someone buried deep within this thread mentioned that Red Bull hired a general counsel a few years ago

[TK_RBNY]

Kari Cohen was hired Jan 27 2020, Hamlett sent Pearson the e-mail a month later Feb 28 2020

https://www.newyorkr...general-counsel

[JBigjake54]

Kari Cohen was hired Jan 27 2020
https://www.newyorkr...general-counsel

RBNY seems a step down from BSE.

[67% Class]

Kari Cohen was hired Jan 27 2020, Hamlett sent Pearson the e-mail a month later Feb 28 2020

https://www.newyorkr...general-counsel

Her expertise seems to be more stadium/branding stuff than player contracts, but that doesn't mean much. 

 

It seems clear to me that Kaku and company were aware that the option was exercised, but are trying to find a loophole after the Tijuana transfer didnt work out.

 

I would imagine that if RB 1) document that Kaku was aware and approved of Pearson acting as his defacto agent and 2) document that Kaku had to have been aware that his contract option was triggered, then an arbiter would side with RBNY. Those things should exist. 

 

Its a little concerning that RB was only apparently able to provide the MLSPA one email while knowing that MLSPA agreement was a key component in their argument. I would provide any shred of evidence indicating the above two points. I wonder if the CBA negotiation (and maybe the perception that the MLSPA caved in order to keep full salaries) might play a role. MLSPA might want to prove their strength on this issue, where the MLS has very little leverage.   

[elf]

Her expertise seems to be more stadium/branding stuff than player contracts, but that doesn't mean much. 
 
It seems clear to me that Kaku and company were aware that the option was exercised, but are trying to find a loophole after the Tijuana transfer didnt work out.
 
I would imagine that if RB 1) document that Kaku was aware and approved of Pearson acting as his defacto agent and 2) document that Kaku had to have been aware that his contract option was triggered, then an arbiter would side with RBNY. Those things should exist. 
 
Its a little concerning that RB was only apparently able to provide the MLSPA one email while knowing that MLSPA agreement was a key component in their argument. I would provide any shred of evidence indicating the above two points. I wonder if the CBA negotiation (and maybe the perception that the MLSPA caved in order to keep full salaries) might play a role. MLSPA might want to prove their strength on this issue, where the MLS has very little leverage.   

I wonder what the conversation was like between rbny and MLS. This issue might be a pawn to the MLS v MLSPA drama.

[Brian.MLS]

Kaku scored a goal today. Here's to hoping he performs well and we get more money for him.

[sec201]

Hamlett sucks for many reasons, but not gonna go crazy blaming him over this. At arbitration (the results of which we will learn little about, probably, given the nature of arbitration), Im sure the arbitrator will find that this guy Pearson was Kakus agent and that Kaku effectively had notice that the option was exercised. Still, its sucks that this happened because it gave Kaku the opportunity to pull this stunt.

[67% Class]

Hamlett sucks for many reasons, but not gonna go crazy blaming him over this. At arbitration (the results of which we will learn little about, probably, given the nature of arbitration), Im sure the arbitrator will find that this guy Pearson was Kakus agent and that Kaku effectively had notice that the option was exercised. Still, its sucks that this happened because it gave Kaku the opportunity to pull this stunt.

I tend to agree that arbitration will find Kaku was notified, but still looks a touch crappy on the org. The contract notification procedure should not be a unilateral email to a third party... Need to get acknowledgement from the player. 

[Koko]

I tend to agree that arbitration will find Kaku was notified, but still looks a touch crappy on the org. The contract notification procedure should not be a unilateral email to a third party... Need to get acknowledgement from the player. 

Ive never dealt with the paperwork for a multimillion dollar player, but if I did Id be extremely careful to dot my Ts and cross my Is.

[sec201]

I tend to agree that arbitration will find Kaku was notified, but still looks a touch crappy on the org. The contract notification procedure should not be a unilateral email to a third party... Need to get acknowledgement from the player. 

An option is by definition a unilateral contract, so there does not need to be any consent, acknowledgement or agreement. Further, the club is probably prohibited from contacting players directly about contract matters when the player is repped by an agent. Im sure there are probably MLS rules about this, if I had to guess.