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Standing 8 Court: Saturday Sparring Session
March 6th, 2010
Promoters May Soon Encounter Gridlock on Toll Road: In mid-February, it was reported that IBF super-featherweight champion Robert (The Ghost) Guerrero was giving up his title so that he can be in wife’s corner for her latest bout with leukemia. Julio Cesar Chavez, Jr. was just suspended for seven months by the Nevada State Athletic Commission after testing positive for a diuretic after his pre-fight drug test before his bout with Troy Rowland. James Toney and Ricardo Mayorga each recently formalized their plans to begin participating in MMA. And it was reported this week that Manny Pacquiao may take a break from boxing, if not retire, following his March 13, 2010 bout with Joshua Clottey. What do all of these boxers and their situations have in common? Most, if not all, of them have promotional agreements and promoters, as well as management teams, that have invested heavily in their careers. Each, therefore, may also have a tolling provision in their promotional and/or management agreements that allow their promoters/ managers to stop the clock on their agreements while each of these situations plays out. For more on the use of tolling provisions in promotional agreements, please see “Toll Road Back to Ghost Town?” at http://www.8countnews.com/news/138/ARTICLE/1968/2009-10-05.html.
One-Time Loser by AKO Scores Two Big Wins: Former undisputed cruiserweight and heavyweight champion Evander (Real Deal) Holyfield scored two big wins this past month. First, Holyfield’s wife asked an Atlanta judge to vacate the protective order that she obtained against Holyfield, which she sought after Holyfield allegedly hit her. A few weeks later, Holyfield secured a one-fight boxing license in Nevada in order to face Francois Botha at the Orleans Hotel & Casino on April 17, 2010. The Nevada State Athletic Commission is now the first top-tier U.S. athletic commission to issue Holyfield a license since New York State placed him on administrative suspension in 2005 following his unfortunate performance against Larry Donald at Madison Square Garden on November 13, 2004. For more on Holyfield’s administrative suspension by the New York State Athletic Commission, please go to http://www.8countnews.com/news/125/ARTICLE/1276/2009-01-07.html.
Lawsuit May Rain Down On Cloud and King After Cancellation of Johnson Bout: Dan Rafael of ESPN.com recently reported at length on the back story behind the recent cancellation of the light heavyweight title fight between Tavoris Cloud and Glen Johnson. Long story short, it seems that DiBella Entertainment, promoter of Johnson, may now be looking into a lawsuit against Don King Productions, who announced that it signed Cloud and that his scheduled bout with Johnson was off…right before the scheduled press conference to announce it. King’s signing of Cloud is allegedly problematic for several reasons, including the fact that Cloud reportedly has a valid promotional agreement with Richie Boy Promotions, who had struck the deal with DiBella for the bout.
Rainmakers Among Haymakers Alert from Russia: A recent boxing card in Chelyabinsk, Russia featured a fairly novel match-up; a bout between two light heavyweights who, despite being identical twins, fought each other to a four round split decision in their professional debuts. While Gennady and Nikolay Maximov may not be able to generate a lot of intrigue for a bout between each other at this stage of their careers, there are certainly several other sets of brothers in boxing that could theoretically can, notably heavyweight champions Vitali and Wladimir Klitschko and perhaps super middleweights Andre and Anthony Dirrell. The Klitschkos have repeatedly stated that such a bout will never happen, but one could imagine the money they would generate if they ever changed their minds. For more on boxing’s rainmakers among haymakers, please go to http://www.8countnews.com/news/138/ARTICLE/1689/2009-06-22.html
What the Funeka Can Omar Nino Do?: Following his low blow-induced technical draw with WBC light flyweight champion Rodel Mayol on February 27, 2010, Omar Nino announced that he was filing a protest of their bout with the WBC. Briefly, under the WBC Rules, Nino has 15 days from the date of his bout with Mayol to file a written grievance with WBC. After the grievance is received, the WBC president can either attempt to resolve the controversy on his own, refer the matter to the WBC Grievance and Appeals Committee, or submit it to the WBC Board of Governors, at which point a non-binding mediation or mandatory arbitration may then be the next step between the boxers’ camps… And what the Funeka can former junior welterweight champion Vivian Harris do about his recent controversial fourth round TKO loss to Argentina’s Lucas Matthysse? Harris’ promoter, Golden Boy Promotions, is reportedly looking into getting the decision of the Mexico City bout changed to a no-contest. A more likely scenario is an immediate rematch…As for Ali (Rush Hour) Funeka, the highly regarded lightweight contender for whom this particular segment is named after following the bizarre decision in his battle for the vacant IBF title with Joan Guzman back on November 28, 2009, he is now scheduled for another dance with Guzman on March 27, 2010. For more on the first bout between Funeka and Guzman, please go to “What the Funeka Can He Do?” at http://www.8countnews.com/news/125/ARTICLE/2109/2009-12-02.html.
Morals Clause Alert- The Good: It was announced in the past few weeks that Lonsdale, one of the bigger names in boxing equipment worldwide, signed both former cruiserweight champion Steve (U.S.S.) Cunningham and junior middleweight contender Sechew (Iron Horse) Powell to multi-year endorsement deals. Powell, of course, was suspended by the New York State Athletic Commission back in 2008 after testing positive for marijuana following his loss to DeAndre Lattimore. It would not be a quantum leap, therefore, to assume that Lonsdale might have a morals clause in its endorsement agreement with Powell to cover the possibility of a repeat marijuana episode which allows it to drop him as an endorser of their products in the event that he tests positive after a fight again.
Morals Clause Alert- The Bad: Former heavyweight champion Oliver (The Atomic Bull) McCall was arrested in Fort Lauderdale, Florida on cocaine, drug paraphernalia, and parole violation charges only days before his scheduled fight on February 16, 2010 against Zuri Lawrence. While Standing 8 Court suspects that McCall has no sponsorship or endorsement deals to speak of, the 44-year-old may have a promotional or management agreement that allows for the termination of his agreement by his promoter/manager in the event of an arrest or conviction. On the other hand , perhaps his promoter/ manager would have no problem holding onto McCall even after arrest, given his reputation as a volatile, but sturdy and capable, heavyweight….In a different part of town, Texas-based promoter Oswaldo Kuchle was recently indicted by a federal grand jury for allegedly defrauding the Export-Import Bank of the U.S. out of $2.2 million dollars. One has to wonder if his boxers, including Miguel Roman, who is fresh off of his shoot-out with Antonio Escalante, wish to be associated with Kuchle after his indictment and, if not, whether they have a provision in their contracts that allows them to terminate their promotional relationship with Kuchle in the event of his arrest or conviction. For more on the use of morals clauses in boxing contracts, please go to http://www.8countnews.com/news/138/ARTICLE/1872/2009-08-31.html.
Toughman Gets Tough Break in Oklahoma: Nathan Johnson, a 23-year-old from Latta, Oklahoma, died in late February following a Toughman bout in Oklahoma City. The Oklahoma State Athletic Commission is reportedly investigating the incident. While it is unknown to Standing 8 Court what the focus of the investigation is, other than the fact that Johnson died, it should be noted that Toughman contestants are mandated to wear headgear and gloves and their promoters are required to have a doctor and paramedic at all Toughman cards, pursuant to the Oklahoma State Athletic Commission’s rules and regulations. If any one of these basic provisions was violated, expect to see the litigation begin.
Worlds Collide Part 2.5: In addition to what Standing 8 Court wrote last time about Emil Chynn, M.D. of Park Avenue Laser Vision, Dr. Chynn adds the following, in support of Lasek, the non-invasive laser surgery that he performs on his patients: “Dr. Chynn had the older, cutting procedure himself over a decade ago (he was the 1st LASIK surgeon in NYC to have LASIK himself)! However, having a flap cut in your eye is not safe if you engage in contact sports such as martial arts or boxing. This is why the Special Forces only allow for surface ablations, like the older PRK (which Dr. Chynn last performed 15 years ago, as it is associated with pain and scarring), or the newer, no-cut, no-flap LASEK that he is exclusively performing now! He did this on his practice manager, Missy Reyes, who got mugged with brass knuckles a few months later, and never lost her flap or her vision--which she would have had she had a cutting LASIK! Please visit his website and email him your questions about getting LASEK as a boxer at: http://www.ParkAvenueLaser.com.” Dr. Chynn also noted that he has now done more than 15,000 Lasek procedures, including several on New York-area boxers.
Paul Stuart Haberman, Esq. is an attorney at the New York law firm of Heidell, Pittoni, Murphy & Bach, LLP. He is also a New York State licensed boxing manager and the Chairman of the Sports Law Committee of the New York County Lawyers Association. Paul can be e-mailed at haberman@8countnews.com. ©
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