Saturday, July 12, 2014

Lebron James Home Again: Deeper than Basketball


After a long hiatus, I am back to blogging.  Thanks to everyone who continues supporting my blog.  This week, CTO and I have written a blog about Lebron's recent return to the Cavs.  I'll be discussing the impact his return will have on Cleveland and CTO will be discussing how his move will impact Miami.

SOM

Lebron James is returning to the Cleveland Cavaliers, which came as a shock to many people.  He is leaving the glitzy, fast-paced city of Miami for the cold, barren terrain known as Cleveland.  Why would he leave a proven commodity, i.e. the Miami Heat, Pat Riley, Dwyane Wade and Chris Bosh?  The answer is simple: He missed home.

Who remembers “the Decision” in 2010?  It was one of the most awkward press conferences of all time.  That was probably one of the few times Lebron James has ever made a public misstep.  Considering the fact that the media has been covering him since he was a teenager, a public misstep was going to happen at some point.  He has been scrutinized more than any professional athlete and he—more often than not—makes the right decision or says the right things. “The Decision,” however, was a mistake.  How many of us have not made mistakes, and especially as a 25 year old?  Even though it was a misstep, his heart was in the right place, as “the Decision” raised over $2 million for the Boys and Girls Clubs of America.  Despite the obvious benefit to many children, many people still dislike Lebron, which is unfortunate.  I have never seen an athlete hated by so many who is: (1) undeniably the best player in today’s NBA; (2) a role model; (3) well spoken; (4) family oriented; and (5) respected and revered by his teammates. Yeah, sounds like a bad person to me (insert heavy sarcasm).  Some of the people who hate Lebron the most are Kobe Bryant fans.  I’ll digress.

In 2010, Lebron needed Miami just as much as Miami needed him. As an all-time great player, it is very important that he wins championships.  Unfortunately, a player’s legacy is often defined by how many championships he won.  I do not believe that is fair, but that is the standard that all great players are judged by.  Lebron has been very successful and has two championships before the age of thirty.  The Cleveland teams he played on from 2003-2010 never had a chance to win a championship.  If he decided to re-sign in 2010, he would likely have zero rings. Many people—unfairly or not—would have labeled him as a failure, or at least as a player who underachieved without acknowledging that he was surrounded by inferior talent.  This is one of the burdens that come along with being the best player in the world. Many people criticized Lebron for leaving Cleveland, and the Cavs owner, Dan Gilbert, wrote a scathing letter about Lebron addressing his displeasure with “the Decision.”  Lebron was a free agent in 2010 and was well within his rights to explore the open market. He ultimately decided to chase titles in Miami, and now, he is headed home to continue his quest.

What does Lebron’s return mean for the Cleveland Cavaliers?  Lebron’s return provides instant credibility to a team that has been reeling since he left in 2010.  The Cavs are now considered a dangerous playoff team.  His return also means that free agents will soon be flocking to Cleveland for a chance to play with Lebron.  Cleveland is a championship- deprived city that has not had a professional sports champion since the 1964 Cleveland Browns won the Super Bowl.   There is no telling which free agents will come, but you can rest assured that many will inquire, including Mike Miller and Ray Allen.  As much as Lebron loves Ohio, he did not return to lose.  I can only imagine the types of behind-the-scenes moves Lebron is making to ensure that he will be successful for years to come.  The most obvious move is a trade for Kevin Love, which, if it happens, would arguably give Cleveland a better “Big Three” than the one Lebron anchored in Miami.  Also, the Big Three including Lebron, Kyrie and Love would be considerably younger, as Lebron would be the oldest player, and he is only 29 years old.  Kevin Love is only 25 years old and Kyrie is 23 years old.  If this combination of players comes together, Lebron would be able to compete at a high level for years to come—even when his physical abilities begin diminishing.  The Big Three in Miami was simply too old and their window was closing rapidly, and I believe Lebron understood that point.


So, how will it all end?  How will Lebron James be remembered when he hangs up his basketball shoes?  Fortunately, for basketball fans, barring injury, Lebron will likely play another 6-8 years.  If he is able to bring even one championship trophy to Cleveland, he will be lauded as a savior.  I truly believe that winning one championship in Cleveland would have the same, if not greater, impact as winning three rings for any other professional franchise.  As Lebron so eloquently stated in his letter regarding his return to Cleveland, “Before anyone ever cared where I would play basketball, I was a kid from Northeast Ohio.  It’s where I walked; it’s where I ran.  It’s where I cried.  It’s where I bled . . .”  As cliché as saying that Lebron’s return to Cleveland is “deeper than basketball,” it seems evident that it is.  He talked about wanting to help make Cleveland a city that people want to start a family, build houses and open businesses. It is admirable that he is using his celebrity status and influence to help his hometown prosper economically.  It is hard to imagine any other all-time great player leaving a team that he led to four consecutive NBA Finals appearances to return home to a team that has been struggling.  Lebron is doing his part to debunk the myth that athletes only care about wealth and fame.  Lebron James is not that guy; he has taken the road less traveled back to Ohio—where it all began. Stay tuned.     

CTO

For Miami, this is semi-Heartbreak because Miami is a transient city known for its celebrities, great weather, and attractions for Floridians and tourists alike. Miami is a great city in its own right and is a destination city for vacations. Many people consider places like Miami and Los Angeles (more on LA later) to be vacation homes but not permanent residences. For all of the allure Miami has to offer, many Americans do not believe Miami is truly a home for a family. And LeBron James at 29/30 years old is a family man that seeks to raise his children in an environment he believes would best suit their growth.

This doesn’t mean the Heat did not support LeBron or vice versa. The Miami Heat organization is a family and most credit belongs to Micky Arison and Pat Riley for making Miami a destination basketball city for many NBA players since Arison took over in 1995. The Heat is a first class NBA organization and will continue as long as Arison and Riley are at the helm. However, like most vacations, at some point, the vacation must end and reality begins to set in. This happened for LeBron James this summer.

Miami had the greatest basketball player since MJ for 4 years and did not act accordingly. Sure, games sold out and Miami Heat made money with their local Sun Sports TV deal once the “Big 3” arrived but the Heat failed to bring the Miami fanatics to the games to show their appreciation for the gift “The Decision” gave them.

LeBron wanted to go return home because he is an Ohioan that has strong ties to his community, friends and family. He was always to return back to Cleveland; the only question was when. LeBron left because Heat “fans” were too fickle to be trusted with such great talent. Heat fans (in Miami) showed up late to games, were nonchalant during timeouts and did not have maniacal devotion to really appreciate a historical player of James’ caliber. This does not mention the embarrassment that occurred in Game 6 of the 2013 NBA Finals where hundreds of fans left the arena early when the Heat were close to elimination…at home, in the Finals! This was treasonous on all levels of sports...and today the Miami Heat’s chickens have come home to roost.

The LeBron-era Miami Heat enjoyed unprecedented success in four years: Miami reached the Finals for 4 consecutive years for the first time since the Bird Celtics and the Showtime Lakers. The Heat won back-to-back titles for the first time since Kobe’s Lakers and won 27 games in a row for the first time since the West/Baylor/Chamberlain Lakers in 1971-72. The 2010-14 Miami Heat are historic figures that have etched their own destinies in the annals of NBA History.

However, the Heat “fans” did not have the burning desire of many other championship-starved cities. Miami Heat have been entitled since inception. The Heat have 3 titles since they were formed in 1988 and yet the Heat are still less revered than the Dolphins. Miami retired Michael Jordan’s number and honored Dan Marino’s number (13) in their early years to maintain relevance. Now, Miami is now teetering on returning to the nominal relevance it had during the Hardaway-Mourning years. Miami is a playoff team that is not good enough to contend. Dwyane Wade will likely retire with the Heat but his best days are behind him. Chris Bosh has re-signed for the max contract but Bosh has never shown the capacity to win as the center piece of an NBA team. The Heat have space to sign another free agent this summer but they do not have the caché to lure younger free agents to play with an aging Wade and a good, but not great player like Bosh after LeBron’s stunning departure.

Miami is caught in a similar position as in 2008 when an aging Shaq was traded to Phoenix. In 2008, Miami immediately began to rebuild and became the worst team in the league with 15 wins. On the bright side, D-Wade won the scoring title and was in his prime and healthy. The 2014-15 Heat team will need Wade to turn back the clock and Bosh to return to his 2008 Toronto Raptors form and get more from younger pieces like Norris Cole and Michael Beasley. This is wishful thinking. Miami will remain relevant with Wade and Bosh but their ceiling is limited. Heat’s ceiling is further limited by its draft position and its failure to cultivate a championship level bench in the last two years of King James’ tenure(Oden, Beasley, amnestying Mike Miller and trading for Toney Douglas were misses the Heat wish they had back).

Miami will continue to remain relevant as long as Wade remains a healthy top tier player in the NBA. However, Miami’s championship window is officially closed shut. Similarly to Kobe Bryant’s Lakers, Miami has become a destination city without the free agents to show for it. Miami will begin to offload some of their remaining older pieces while focusing on accumulating assets to rebuild for a new chapter. Shabazz Napier is a solid draft pick that LeBron wanted for the Heat but in the end, Miami failed to secure their biggest asset when Miami and the Heat failed to make a destination city LeBron’s permanent home. Miami had a chance to keep LeBron by paying the repeater luxury tax to acquire younger wings to help LeBron during the postseason run but the Heat chose not to. The Heat’s front office gambled on their current roster and banked on LeBron’s talent to overcome well-rounded teams. This strategy barely worked in 2013 and in 2014, the Heat’s free agent and talent luck appears to have run out.

The Heat will continue to compete but similar to the 2009-10 teams, the Heat will now seek to remain competitive while LeBron’s talents return to shine in the Buckeye State. 

Peace

Tuesday, April 29, 2014

The LIFE of Donald Sterling and the Los Angeles Clippers


"Private" Remarks

For many NBA fans, Donald Sterling’s infamous rant about the African American community was the first time they heard his name mentioned.  As with most information I hear about via social media outlets, I was very skeptical of what I heard about the comments Sterling allegedly made to his girlfriend.  I seriously thought that nobody could be dumb enough to be recorded saying blatantly racist statements.  I felt that way until I listened to nearly nine minutes of an audio recording between Sterling and his girlfriend.  After listening to his remarks, I was not overly surprised.  I would imagine that he is one of many people who make racially insensitive comments in “private” places.  In this case, his remarks were recorded, and mysteriously leaked to the media by an unknown person.  I am glad that the NBA’s new Commissioner, Adam Silver, decided to ban him for life and also fine him $2.5 million.  Silver exercised the most punitive method afforded to him by the NBA’s Constitution to punish Sterling.  During Silver’s press conference, he mentioned that, according to the NBA’s Constitution, the owners can come together to force Sterling to sell the Los Angeles Clippers franchise.

Decisions, Decisions

Let’s be clear—Silver’s move had to be made.  We live in an era where stories are instantly shared to millions of people.  The audio recording of Sterling’s comments was clear and there was little doubt in anyone’s mind that he made the comments.  An even more telling factor in this analysis was the simple fact that Sterling never made a public statement denying that he made the comments.  This lack of action sent a clear message to me that he made the comments and that he does not have one remorseful bone in his body.  The NBA brand is a multi-billion dollar, international brand that is dependent upon each player, owner and employee of the NBA franchises to continue building the NBA brand.  Each NBA franchise is worth hundreds of millions of dollars.  To put things into perspective, we will examine the net worth of a few NBA franchises.  The San Antonio Spurs are the 10th most valuable franchise and has a current value of $660 million.  The New York Knicks are the most valuable franchise and has a current value of $1.4 billion. 

The Los Angeles Clippers Franchise is worth $575 million.  That net worth does not include intangible things that add value to the franchise.  These intangible things include good will, and being a good corporate citizen.  In order to be a good corporate citizen, an organization cannot have a leader who is involved in deplorable behavior.  Before the allegations regarding Sterling’s comments were confirmed, multiple corporate sponsors of the Los Angeles Clippers temporarily severed ties with the franchise.  Imagine if the players decided not to play a game (which is exactly what the plan was if Silver did not handle the situation in a swift manner), or if some interest group organized a rally at the Staples Center (which was also in the works)?  Imagine the backlash and possible irreparable damage done to the Clippers franchise and most importantly—the NBA brand.  Imagine the lost profits surely to be incurred by the Clippers and again—the NBA. If Adam Silver did not act swiftly and with every ounce of authority afforded to him as the Commissioner, the NBA was set to lose millions of dollars.

A History of Egregious Behavior

Donald Sterling has a history riddled with accusations of racist remarks, practices and ideology.  In 2003, Sterling was sued for housing discrimination.  Specifically, the plaintiffs alleged that Sterling refused to rent apartments to African Americans.  This lawsuit followed another civil action where Sterling was accused of forcing African American and Hispanic tenants to leave rental property he owned in Los Angeles.  In 2009, he was ordered to pay a $2.725 million settlement for another housing discrimination case.   That same year, Hall of Fame player, Elgin Baylor, filed a lawsuit against Sterling alleging many years of racist behavior by him.  These examples are but a few in the long history of accusations of Sterling’s racially insensitive behavior.  

If the NBA was aware of his racist behavior during his tenure as an owner, why had he never been banned, sanctioned or suspended before this incident?  Although factually different, this case is analogous to the unfortunate sexual abuse allegations at Penn State University a few years ago.  In both cases, a powerful man was allowed to either exhibit or fail to report deplorable behavior over the course of many years.  When an institution allows egregious behavior from high-ranking officials, it creates an environment where secrets are swept under the rug.  The behavior is no longer seen as bad, but rather, “just the way things are done.”  It creates an environment where men are allowed to create their own rules.  It seems to me that Sterling knew he was not in any real danger because he has enough money to pay his way out of trouble.  It seems reasonable that he would have that belief because he displayed that kind of deplorable behavior for over thirty years with little consequences.  However, he began believing in his own legend and ability to evade serious trouble a little too much and that is what led to his demise.

What Next?

So what does Adam Silver’s decision mean for NBA fans, players and coaches?  To the fans, I think his decision shows that, although only in his 88th day on the job, he is more than capable of making well-reasoned, tough decisions for the betterment of the NBA.  For NBA players, this decision shows them that blatant, racist behavior will not be tolerated in the NBA.  Does that mean that individual or institutionalized racism has been eradicated from the NBA?  No.  But, at least the players can rest assured that overt racism will not be tolerated and that is a step in the right direction.  As for the coaches, this decision should serve as a warning that certain behavior will not be tolerated.  Nothing humbles a person and screams, “you are expendable” quite like seeing your immediate boss get the axe.

So what happens to Sterling?  Will he fade to black as many of us hope he will do?  The answers to these questioned are undetermined at the moment.  However, if his record of defiance and blatant disregard for the Rule of Law are any indication, he almost certainly will not fade to black.  Even if the NBA owners vote to oust him as an owner that does not mean that he will not have other avenues of recourse.  He could pursue an antitrust lawsuit against the NBA and its owners.  Unfortunately, we will likely be hearing Sterling’s name mentioned for quite some time.  At least we will not have to see his face though, as his he has been banned from the NBA for LIFE.


Peace

Sunday, April 20, 2014

Black Greek Letter Organizations: To Haze or Not to Haze, That is the Question


The other day, I listened to a thirty-minute discussion regarding Black Greek Letter Organizations (“BGLOs”), hazing and the ultimate demise of BGLOs.  The discussion was riveting and can be found at www.huffingtonpost.com.  Despite the riveting discussion of many issues, no conclusions were reached with respect to how to solve the many issues plaguing BGLOs.

By BGLOs, I am referring to the Divine Nine, which includes the following organizations: Alpha Phi Alpha, Fraternity Incorporated; Alpha Kappa Alpha, Sorority Incorporated; Kappa Alpha Psi, Fraternity Incorporated; Omega Psi Phi, Fraternity Incorporated; Delta Sigma Theta, Sorority Incorporated; Phi Beta Sigma, Fraternity Incorporated; Zeta Phi Beta, Sorority Incorporated; Sigma Gamma Rho, Sorority Incorporated; and Iota Phi Theta, Fraternity Incorporated.  I joined Kappa Alpha Psi, Fraternity Incorporated in the spring of 2002, and have enjoyed my time in the Fraternity.  During this time, I have been apprised of a myriad of issues plaguing BGLOs.  The biggest and most pressing issue, however, is hazing.  The following post will delve into this issue and how it impacts BGLOs from a legal and financial standpoint.

HAZING

What is hazing?  According to www.hazingprevention.org, it is any action taken or situation created intentionally: that causes embarrassment, harassment or ridicule; risks emotional and/or physical harm to members of a group or team, whether new or not, regardless of a person’s willingness to participate.  This definition paints a serious picture of the practice of hazing.  According to this definition, whether a person is forced into being hazed or willingly participates does not change the practice.  Hazing, on some level, has been used by organizations since the beginning of time.  However, there are many different levels of hazing.  For instance, in professional sports, it is widely known that rookies are often required to carry the bags of veteran players.  For many folks, this behavior can simply be described as “paying dues.”  The practice of hazing becomes problematic and exposes individuals to civil liability and criminal culpability when physical contact is interjected into the equation.  What usually happens next is something I am very familiar—litigation.  We live in a litigious society where people sue each other frequently.  The concern for those involved in hazing includes civil penalties as well as potential prison time.  Can BGLOs remain financially viable with the number of civil lawsuits being filed against each organization, respectively?  Only time will tell.  

SHOULD PLEDGING BE ABOVE-GROUND AGAIN?

Up until the early 1990s, joining BGLOs meant going through an above-ground pledge process.  For those not familiar with this process, refer to the A Different World episode where Ron Johnson and Dwayne Wayne attempt to join a fraternity.  Pledging as opposed to hazing are two different things.  However, many non-BGLO members believe the two terms are synonymous.  I believe pledging is steeped in teaching life lessons as opposed to bludgeoning people for no reason.  When pledging was conducted above-ground, I believe incidents of rogue behavior were lessened because the identities of those individuals who were “on-line” and the individuals who were pledging them were known.  When above-ground processes were banned, and national membership intake processes (“MIP”) were constructed, those individuals who supported rogue behavior were given an opportunity to operate covertly.  I think giving power, and control to college-age students in an environment that is not regulated can lead to immature decisions that can result in dangerous situations.  That being said, maybe it is time for organizations to move towards above-ground processes again.  Maybe that would offer protection for pledgees while also creating a more regulated environment. 

LIABILITY

BGLOs and individual members of BGLOs have been subjected to civil liability.  This kind of liability impacts BGLOs financial resources.  Some insurance companies (“insurers”) view BGLOs as high-risk organizations because of hazing accusations, lawsuits and bad press surrounding them. Wrongful death claims and negligence-based claims can lead to six-figure exposure for BGLOs.  Although the majority of lawsuits are settled outside of court, BGLOs must expend substantial financial resources before reaching a resolution in many cases.  The sheer level of lawsuits being filed against BGLOs represents a clear-and-present-danger to the sustainability of each organization.  Many, if not all of the BGLOs, are one bad jury verdict away from insolvency. 

The trickle down impact of the lawsuits on members of the BGLOs is represented by increased insurance premiums, which in turn means increased dues for members.  Also, if these organizations continue to be subjected to lawsuits, insurers will likely continue increasing the price of insurance premiums and the insurance policies may become more and more restrictive.  By restrictive I mean that insurers may include more exclusionary provisions in the insurance contracts that exclude certain behavior from insurance coverage.  In some insurance contracts, intentional torts committed by qualified members of BGLOs are not covered.  From a practical standpoint, that means that if BGLO members engage in intentional behavior, the insurers may not have a duty to defend them.  Generally, a duty to defend refers to an insurance company’s duty to defend its insured against legal claims filed against it.  Incumbent in the insurer’s duty to defend usually means they will hire counsel to represent the insured.  If the insurance contracts become more restrictive, insurance premiums paid by BGLOs may not include retention of legal counsel.  That would then mean that BGLOs would have to expend additional financial resources, outside of premiums, to hire legal counsel. As you can probably see from this brief discussion, the legal liability component of the hazing quandary has the potential to cause BGLOs to become insolvent. 

PLEDGING VERSUS PAPER

One issue that persists in the BGLO community revolves around one question: Did you pledge or are you “paper?”  At its most fundamental level, this question is searching for whether a person earned his membership into the organization or if he paid a membership fee to join.  This question is layered because many of the older members of BGLOs will tell stories about their tough roads to become members of BGLOs.  These same individuals, however, are often the same individuals who represent the national leadership in many of the BGLOs.  Many of the younger members view these individuals’ discussions of their processes as being contradictory.  On the one hand, they say hazing is wrong and that younger members should not engage in that kind of behavior. On the other hand, they discuss their processes and how it helped them understand and appreciate the organization. 

There has to be a fundamental understanding between all members of BGLOs that the legal landscape has changed substantially over the past 20 or 30 years.  Not only is hazing illegal, as it was 20 years ago, but the behavior is also enforced.  The enforcement component of the equation is a little different than it was 20 or 30 years ago.  People accused of hazing are routinely being criminally charged and in some cases sentenced to jail time.  They are also being sued civilly, which can lead to jury verdicts and judgments.  This change in enforcement has to change the perspective of members of each BGLO.  Although the legal landscape has changed, younger members often do not understand the legal implications.  They also have a deep desire to be respected by their peers and older brothers or sisters.  Being considered “paper” does not garner the respect many of them are seeking and therefore, they subject themselves to civil liability and criminal culpability all in the name of respect.

Because there are so many issues and sub-issues inherent in this discussion, I will revisit this topic in a later blogpost.



Peace