The charge that Jordan Hill faces, like any felony, is serious.  However, all we know thus far is the girlfriend’s accusations through the media.  It was a good move for Hill on his part for not commenting, other than to say he is saddened by the allegations and is cooperating with authorities.  Until more evidence is gathered, there are many questions a criminal defense lawyer might ask.  Are these pictures of her alleged bruises legitimate?  Did she see a doctor who can vouch for her alleged injuries?  Does she have a motive to falsely accuse Hill—perhaps not being happy with his response when asked about their future together?  Anyway, I will let Hill’s lawyers sort that out.

Interestingly, if the girlfriend did not claim that Hill choked her but only hit or kicked her, he would likely only be charged with a Class A misdemeanor assault and face a maximum jail sentence of one year.  In 2009, the Texas legislature made it a third degree felony to choke a family member or dating partner.  This recent change in the law is why Hill faces up to 10 years in prison rather than a maximum of one year in jail.

Joel Hayter, Criminal Defense Attorney, The Schaffer Firm, Houston Texas, joelhayterlaw@gmail.com

Kyle Lowry’s misdemeanor battery charge in Nevada will likely not seriously interfere with his game time.  Although he faces up to six months in jail if convicted, this does not necessarily mean he will be out for the season.  Sure, this would happen if he were to plead guilty at his court date in February and get sentenced to the full six months right then and there.  But he will no doubt spend some money on a good criminal defense lawyer.  Besides the possibility of having a misdemeanor conviction on his record, missing game time will be a concern that Lowry and his lawyer will take into consideration.

I initially note that my opinion is based on what goes on in Harris County; Nevada may be a different story.  But generally, cases in the criminal justice system take time.  Regardless of whether Lowry wants to fight his case at trial or decide to plead guilty, his lawyer can do his best to stall a resolution by continually getting his case reset until the season is over.  That way, he would only miss a few games at a minimum for his required court appearance for those dates and may not miss any games at all.  Of course, the best case scenario would be that he gets his case dismissed, or perhaps they could strike a favorable deal with the prosecutor that would not include jail time.  I just hope the prosecutor is a Rockets fan.

Other than missing games, it is quite possible that Lowry could be convicted and face jail time.  I’m not an expert on criminal law in Nevada, but under Texas law, the prosecution would likely have a case against Lowry for assault.  Assuming what the media is reporting is true, the odds appear to be against him.  Also, the fact that the referee is a woman would not work in his favor in front of a jury.  More importantly, he apparently confessed to his actions, which is detrimental to his case.  However, there is probably more that went on than what we are hearing in the media, and it is up to his lawyer to investigate and gather favorable evidence that we are unaware of.  As discussed above, there are many possible outcomes to his case, and his lawyer will no doubt be exploring all options.

Joel Hayter, Criminal Defense Attorney, The Schaffer Firm, Houston Texas, joelhayterlaw@gmail.com

First, there is the obvious non-legal answer. Just ask yourself, would you sue your employer while still under contract to work there for the next 10 years? It’s definitely bad for business.

Legally speaking, the Rockets likely have a claim.¹  The NBA did the Rockets wrong, no doubt about it. However, under any legal theory, the Rockets have a troublesome legal hurdle – proving damages. And, as far as getting an injunction to reverse the trade, ask the City of Seattle about your chances of convincing a court to issue one of those orders. It’s just not happening. So, that just leaves money damages.

How do we measure the Rockets’ injury?

First, to get to the compensable damages, we must look at the wrong committed. What exactly did the NBA do wrong? They run the Hornets, so they had the strange authority to veto any trade. So, forget the argument that the Rockets lost the value of the killed trade. However, David Stern reneged on his publicly announced promise or representation that Dell Demps, the general manager of the Hornets had the authority to make a deal, autonomously. The Rockets took him seriously. Everyone took him seriously including Dell Demps. The Rockets justifiably relied upon this promise or representation to their detriment. So, what damages flow from this reliance?

It is pure speculation to contend that the Rockets lost out on other trades. The damage to the Rockets relationship with Kevin Martin, Luis Scola and Goran Dragic is probably also not compensable. Besides, if the NBA deposed them, they would probably state under oath that the killed trade did not affect their performance. And, to Scola’s credit, his numbers in the third game of back-to-back-to-back games this year will probably be near the top of the NBA in many categories. Dude is tough.

The Rockets’ strongest claim for damages is that they lost Chuck Hayes in free agency. The Chuckwagon had an offer on the table from the Kings and was waiting on the Rockets to match. The Rockets didn’t match because they were busy forming a trade with a man, Dell Demps, that had no power to make a trade.

As the plaintiff, the Rockets will have to prove up their damages. The law can place a dollar figure on some injuries that would seem impossible to quantify – a lost limb, a lost spouse or child, or a damaged reputation. Is measuring a lost Chuck Hayes any more difficult to quantify? No. However, because there was no personal injury or property damage, the law requires more certainty to show that a lost business opportunity caused some economic loss. The NBA could simply argue that the money not spent on Chuck Hayes can be spent on another player that is comparable, say Samuel Dalembert. The Rockets would then need to prove that Chuck Hayes is worth more than any comparable player available on the market. This is where this lawsuit would get really interesting. This could set the stage for a dramatic battle of the dorks, essentially putting advanced metrics on trial. But, this is all a dork fantasy.

So what if the Rockets ended up with a worse defense and several more losses this season with a lost Chuck Hayes? Did this cost them ticket sales? Maybe this somehow pushes them into the lottery and they land Andre Drummond? In the end, the Rockets will have to engage in speculation to prove their damages on a level that a court would likely not accept.

The NBA wronged the Rockets, but there is just no remedy under the law that is available. The Houston Rockets have no choice but to move on.

Shawn Grady is an associate with Sheehy, Ware & Pappas, P.C. in Houston, Texas.

1. I haven’t read the new collective bargaining agreement (“CBA”), and know very little about federal labor law, so I have no clue about claims for collusion under the CBA. Also, I haven’t read the Rocket’s franchise agreement which could limit the NBA’s liability or damages available under certain claims in this circumstance.

Like most hardcore NBA fans, I have now given in to my anger. I want blood. Only, I don’t know who to blame – the players’ agents, the players, David Stern, or the owners.

Here’s what I do know. Someone is trying to drink someone’s milkshake and its leading to missed NBA regular season games. Even greedy people would agree that missed games are bad for business. Player’s don’t get paid, owners don’t sell tickets and the NBA loses fans.

However, the blood sucking, milkshake slurping types let their competitive spirit consume everything… at great risk to the group. I want to win, I want to subdue and defeat my opposition. And I’ll gladly drink your milkshake. It’s killer instinct, not greed, that has brought us to the edge. The greedy would simply settle for the best deal possible without the great risk of losing big.

As an outsider, I don’t pretend to know which party is to blame. And, because I want blood, I’ll have to blame them all.

Players are saying they are strongly considering the move, as if their thoughts were driven by a metronome; every other day we get a new announcement. Deron Williams. Dwight Howard. Kobe Bryant.  It’s an epidemic. And the job openings seem to be endless. Chris Quinn to Russia, ZaZa Paculia to Greece, Moochie Norris and Cuttino Mobley are getting back together and forming a backcourt in Korea.

The players hope the owners start thinking, churning. These guys can get through a lockout comfortably, while we sweat our basketballs off, losing revenue, laying off staff, losing goodwill with fans, etc…

It’s a game, a negotiation. Hey, the players are not breaking any rules of negotiation. My hat is off to Mr. Billy Hunter. I imagine his assistant coordinates public releases with star player agents to properly spread the “announcements” to maximize media coverage. “Tell Dwight, don’t tweet his thoughts on playing for China till Thursday.” It’s shrewd, effective and every NBA fans worst nightmare, especially if you live in a small market.

Ultimately, though, the flood of stories of star players signing overseas is a symptom of negotiations gone sour; positional, rights-based, a scrum for the largest slice of the revenue pie. No talk about what’s best for “us”, or the league. How to grow the pie? It’s a kind of trench warfare. What does it all point to?

Who knows? There’s still plenty of time before training camp. Reportedly, staff members of each side are gathering to strategize some new round of negotiation. Man, talk about the dog days of summer.

It’s recruiting season for sports agent, Austin Walton. While driving to his next recruiting stop, via phone, Walton described his hectic travel schedule to me. His itinerary was similar to a professional athlete – visit major cities along the West Coast for a few days and then the following week, hit cities on the East Coast. Being a sports agent, Walton explained, requires a lot of face time with athletes because they sign with agents that relate to them personally. Hence, the necessity of constant travel to visit potential clients and existing clients scattered throughout the country. In most cases, the player-agent relationship goes beyond business representation and demands more than phone calls, tweets and email.

Walton can relate to his basketball clients because he was once a promising basketball player in the Amateur Athletic Union (AAU) system. He understands firsthand a young ball player’s dreams and fears, knows the system and its unique financial and social pitfalls. Also, because basketball players are very young and have careers with short shelf lives, many require an agency that can do more than negotiate a contract; most expect everything from financial management and housing to physical training advice.

Today, Walton is living out his successful Plan B as the President and CEO of Walton Sports Management. He received his bachelors from the University of South Florida and recently graduated from South Texas College of Law. His career began with an internship at a large sports agency in Chicago before specializing in basketball, heading up the basketball division for a large agency based out of Miami.

 “Show me the money!” Rod Tidwell, “Jerry Maguire.”

Did you know that a D-League player makes anywhere from 13k to 25k a season?Did you know that a player with comparable talent can make around 80k a week playing in the Chinese basketball league? Korean Basketball League or KBL? $250k a season. Yet, players still choose to play in the D-League for the shot at a 10-day contract to play in the NBA. According to Walton, while many players are chasing a dream, a 10-day NBA contract on one’s resume translates into instant credibility with international basketball leagues. So, while a player may lose out on an NBA dream when a 10-day contract is not renewed, there is a consolation prize in the form of cash.

Like decisions in many other careers, it is the same in basketball, do you chase the dream or jump for the money?

 “We live in a cynical world. A cynical world. And we work in a business of tough competitors.” Jerry Maguire, “Jerry Maguire.”

When first questioned about becoming a sports agent, Walton offered vaguely ominous statements like, “its not for everyone.” I have heard the same tone from many lawyers when questioned about becoming a lawyer. For the sports agent, the same obvious difficulties are present, such as long hours and extraordinary commitment. Similarly, it’s a job where your clients’ lives can take over your own life.

The path to a career in sports agency fits every cliché that you’ve probably ever heard. It’s not what you know but who you know. Network, Network, Network! My interview with Austin Walton reinforced these clichés. Walton got his first gig with a sports agency through his friendship with a professional football player. It’s just how the game works.

For those interested, Walton suggested getting an early start while in school as an unpaid intern and making contacts that way. The most common internships are in marketing and IT.  However, short of being an agent, there are positions as support staff, including accounting and physical training that could provide a back door. Either way, it’s a tough business and a hyper competitive world. For more information, including lists of major sports agencies, see http://sportsagentblog.com.

And so for the sake of self preservation, I put away the law books. I was then confronted with a DVR full of Rockets games, the most free time I’ve had since the fifth grade and some frayed nerves. It was the perfect storm for a jump off the deep end. Like an alcoholic in relapse, I gorged on every Rockets game from the beginning of February to present. It was a glorious marathon, complete with buckets of chicken wings and Kentucky bourbon. However, ever the professional, I had a mission. I imagined that I could gain some insight by observing the evolution of the Rockets leading up to and through the trade deadline at hyper speed – sort of like watching time lapse photography to observe changes in the weather. Here’s what I remember from my experiment:

• Kevin Martin was really wearing down before the All-Star break. Of course the same could be said for many players in the NBA. For Martin, it’s noteworthy because Adelman has limited his minutes (31), way below his career average as a starter (35+), despite his uber-efficient All-Star play. I’ve been perplexed all season by Adelman’s decision to keep Martin’s minutes down. However, after watching Martin wear down in the few games prior to the All-Star break, and his subsequent revival after the break, I understand. Also, it’s noteworthy, that Martin has played more games this season since the 2006-07 season and with the highest PER in his career.
• Jordan Hill has regressed, big time. In about six weeks, he went from starting center to 11^th man. The worst part is that he doesn’t appear moved at all by the demotions, not any of them. Is there any way for a player to work on his passion in the off-season? Can a basketball player learn to rebound?
• Patrick Patterson always looks like he is attending a lecture that is going way to fast, but not quite above his head. In contrast, Jordan Hill looks like he doesn’t know where he is; much less any offensive or defensive sets being run. The good news is that Patterson is a rookie who has played limited minutes.
• After the trade, the Rockets collectively experienced a revitalization that often comes with change. The offensive lulls that plagued the team have diminished and the team defense, ehem, has been more solid. Perhaps the more stable, shorter rotation is the cause for the more consistent play as a team. I would point to the loss of Aaron Brooks, a sulking star hobbled by injury (sound familiar?), as the leading cause of the revival of the Rocket’s on-court chemistry.

Well, I think I can safely call my experiment a failure, but not absolutely. I didn’t come away with any mind-blowing insights on basketball or produce literary brilliance. And, I trimmed a couple of years off of my life. However, I did experience catharsis and change. Like the Rockets, I engaged in an experiment with high aspirations. The Rockets often perform calculated experiments like starting a 6’6” center instead of overpaying a below average 7” center, giving Trevor Ariza an offensive green light, attempting to turn Aaron Brooks into a sixth man or attempt to pull off a trade for Carmelo Anthony. Sometimes they work, sometimes they don’t. But, at least they give it a shot…. or in my case, a bucket of bourbon. It’s one of the great attributes of the Houston Rockets.

‘Hooplaw’, written by Shawn Grady, is a column devoted to the legal complexities of the NBA.

The Lakers have Jack Nicholson. The Knicks have Spike Lee. The Rockets have Rusty Hardin.

Rusty Hardin has been a courtside fixture at Rocket home games for about twenty years.  He is a legendary local trial lawyer, nationally known for representing famous clients such as Arthur Andersen, Roger Clemens, and J. Howard Marshall II (versus Anna Nicole Smith). He can usually be identified by his light colored suits. Unlike many of the high rollers down in the rich seats, he is a demonstrative fan, pensive when the games are tight and exuberant after big shots. Rusty’s successful efforts as a lawyer can probably be directly translated into wins for the Rockets. Below is his resume as the Greatest Rockets Fan of All Time:

• Rudy Tomjanovich, August 1994, DWI charge dropped (If Rudy goes down it could have interfered with the 1995 season training camp.)
• Scottie Pippen, May 1999, DWI charge dropped for lack of evidence (didn’t hurt his trade value)
• Steve Francis, June 2002, judge found not guilty for DWI charge
• Eddie Griffin, 2004, deadly conduct
• Calvin Murphy, December 2004, acquitted of charges of aggravated sexual assault of a child
• Rafer Alston, October 2008, acquitted of DWI charge (starting point guard for the 2008 season)

Thanks for reading ya’ll. I’m shutting the column down for the next month as I go underground to prepare for the bar exam. The merciless folks on the state bar have scheduled the bar exam for the three days leading up to the trade deadline.

Shawn Grady discusses various NBA-related legal issues as Red94′s legal analyst.

Negotiation, like chess, the popular Russian pastime, is a game. Pick up any book on negotiation and it will be littered with references to game theories. Most importantly, anyone trained in the art of negotiation, knows that it’s a game. Mikhail Prokhorov, Russian billionaire, is a highly sophisticated business man intimately familiar with the rules and principles of negotiation. Following this simple reasoning, Prokhorov’s announcement that the Nets are pulling out of the deal is a bluff, although a really strong one. It’s really that simple.

As part of the game, it is not unusual for a negotiator to switch tactics or styles to gain an advantage. In negotiation theory, there are two main schools of thought – the cooperative school and the right-based adversarial approach. In the cooperative, the parties work together to come up with creative solutions to expand the pie so everyone wins. In the adversarial approach, the parties fight each other in a test of wills to divide up the pie. In this game, the Nets have not backed out of the deal, but merely switched tactics from cooperation to a win-lose approach.

For several months, the parties negotiated with a win-win approach, attempting to strike a deal by working together and bringing in other parties to expand the pie. The last third party was the Detroit Pistons, previously it had been the Utah Jazz. However, despite the cooperation, the Nuggets were in a position of advantage.

Now, Prokhorov is crying foul. He claims the Nuggets have become too greedy and wronged the Nets by making the negotiations public, causing him harm with the distraction resulting in losses. For his flop to work, as with any bluff, it must appear on its face to be more than a strategic play. Those trained in the Nikita Khrushchev school of bluffing, not only walk away from the negotiating table, but pound the table with their shoe before exiting. Prokhorov pounded the table by holding a press conference.

I won’t pretend to know what’s going to happen. I only know that Prokhorov is bluffing. He might change his tactics again and reach out to the Nuggets at the last minute. Or he may stand on his word, knowing that if he calls the Nuggets, he will lose another piece of the pie. Regardless, if the Nuggets call, he will answer the phone. They would be smart not to email. Whatever the case, it’s all a game.

Shawn Grady discusses various NBA-related legal issues as Red94′s legal analyst.

This report is hardly shocking in light of the public cat calls by several NBA owners after LeBron’s defection to South Beach. Maybe they knew something… maybe they were just being sore sports… but most importantly, who cares? It is almost laughable to think that NBA stars are in danger of being swayed by managers or owners to leave their cities. If this summer taught us anything, it’s that the players have more control than ever. Below are some images to refresh your memory of past notable recruiting efforts:

• Daryl Morey delivering an ipad to Chris Bosh at midnight, while tweeting an obsequious compliment about Bosh. As an aside, I love how Morey is not too proud to beg for a NBA superstar or even a decent NBA center like Marcin Gortat. The guy wants to win.
• Donnie Walsh being wheeled in after neck surgery to visit the King.
• Jerry Reinsdorf orchestrating a three piece band to greet Tracy McGrady at Chicago O’Hare in 2000. Today, McGrady would be lucky to get a fruitcake. Although, the Bulls are looking for a shooting guard… and McGrady is at 120% as of his latest interview. However, he can’t play the second half of back to backs and will need a special courtside chair.

Point being, NBA players do not need the Association’s help to protect them from intrigue and falling prey to the strong arm of an NBA team. So, who are these anti-tampering rules designed to protect? More fundamental, what are the anti-tampering rules and how are they even enforced? And finally and most importantly, why is the NBA tampering with my fun?

I was not able to find an NBA rulebook that contained the official rules on tampering and didn’t have time to check the latest CBA. So, I cheated and turned to the NBA Oracle, Larry Coon, for the answer. Clearly, an NBA team should not be able to bribe a player and violate the salary cap. This is a good rule. It enforces the salary cap rules and upholds the spirit of the law. It protects competition and parity in the league, allowing small markets like San Antonio to thrive. Also, it prevents a billionaire from buying championship. Unlike baseball and football, one basketball player can potentially lead one to the promise land. This is the reason that Daryl Morey will beg for one. So, if Prokhorov, the Russian billionaire owner of the Nets, offers Carmelo Anthony a lease on one of his yachts for one dollar a year for the duration of Carmelo’s new contract, then the NBA should punish the Nets severely. And, the NBA has proven that it will not hesitate to act – just ask Kevin McHale and the Timberwolves.

But, what about an NBA GM just talking to or about players signed by other teams? Unlike tampering with the salary cap rules, this rule doesn’t protect competition or parity. GMs are not going to steal players with a clever sales pitch. For argument’s sake, I can understand why NBA teams should not be allowed to recruit players on other teams. It might lead to trouble so why not outlaw it. However, the rule has been enforced so broadly that it has become a PR tool of the NBA, much to the fans’ detriment and frustration.

The only apparent enforcement of this rule is when NBA owners or their GMs talk to the media about other players. What’s the direct result? The owners, GMs and other management selectively release information to the media, as part of an insider game of intel and leverage. So, if the rule is designed to keep players from hearing that they are on the trading block, then it fails. If a player follows NBA news and rumors, there is a good chance he will hear his name in a trade rumor regardless of whether he is actually on the block. Certainly, the rule doesn’t suppress trade talk. The biggest story in the NBA for the past month has been the trade negotiations surrounding Carmelo Anthony. If anything, the rule leads to ridiculous reports on trade talk. For example, it was recently reported that the Knicks were looking to trade for OJ Mayo to facilitate a trade to the Nuggets for Carmelo. A day later, immediately following this report, there was a story that unnamed sources revealed that the Nuggets were not interested in Mayo. As a fan, reading these reports makes me feel like I’m being toyed with, like a gerbil. I guess it’s my fault for being interested in trades that could affect the fate of teams that I’m interested in for the next few years.

So, regardless of who the rule is designed to protect, it comes at the cost of the fans’ frustration. NBA fans are interested in trades and trade talks. This is evident in the popularity of the NBA Trade Machine, insider reports, rumor mills and fan websites. Fans would no doubt enjoy hearing news about trade talks directly from GMs or owners. Certainly, they would enjoy not being jerked around by some report designed as misinformation by an agent or GM.

Let’s imagine a world where the rule is abolished. Many GMs would still provide no comments about potential trades or players they are interested in for good reason. Also, there will still be reporters releasing stories that unbeknownst to them are purposeful misinformation, a rumor created by a GM or agent for some strategic purpose. However, there would probably be more accurate reports because GMs would now be allowed to talk. If anything, GM interviews would have the potential to be a hell of lot more entertaining. They could tell stories about how potential trades in the past fell through and fans can wonder what if. They could discuss potential trades in the future or provide insight into trade negotiations.

Based on the foregoing, I propose a fan exception to the anti-tampering rule for the new CBA. This rule would lift the gag order on all owners and GMs from talking to the media about players signed to other teams. Since the last CBA in 2005, trades and trade talk have become an even greater part of the entertainment of following the NBA so why not enhance the coverage and give the fans what they want.

Shawn Grady discusses various NBA-related legal issues as Red94′s legal analyst.