M-1 and Fedor Emelianenko Sue Affliction and Unnamed "John Does" Over Cancellation of Final Affliction Show
Disclaimer: This post will detail a legal complaint. Please note that a complaint is just one side’s view of events. I will describe some of the allegations below, but I am not saying any of them are true. I am simply relaying M-1 and Fedor’s claims.
On October 28, 2009, M-1 and Fedor Emelianenko filed a lawsuit against Affliction Clothing, Affliction Entertainment, and 50 unnamed John Does in the Central District of California. The complaint states claims for breach of contract, breach of the violation of good faith and fair dealing, and declaratory relief. If they are able to join other parties, the complaint might be amended to include claims for tortuous interference with contract and related claims.
There are likely many targets among the unnamed John Does, but the UFC has to be considered the central target based on language of the complaint. After reading the complaint, it seems possible that M-1 believes the UFC was somehow involved in the cancellation of Affliction’s third show.
The complaint alleges that Strikeforce, Affliction, and M-1 reached an agreement with M-1 to allow Brett Rogers to fight Fedor Emelianenko at Affliction: Trilogy, but unbeknownst to Fedor and M-1, Affliction was simultaneously working on a renewed sponsorship deal with the UFC that would necessarily force Affliction out of the MMA promoting business. In short, the complaint alleges that Affliction was putting up a false front about searching for a replacement for Josh Barnett, and was simply buying time while they were trying to make a deal with the UFC.
The complaint alleges that Affliction kept these negotiations secret in an attempt to fool M-1 into believing they were looking for a replacement, and did not inform M-1 of its ongoing negotiations and new deal until July 24, 2009, at which point Fedor and his party of 30 had already boarded a flight from Russia to the United States.
The complaint alleges that the deal to allow Brett Rogers to fight Fedor Emelianenko on Affliction: Trilogy was completed the day before the show was cancelled, and alleges that Affliction was simultaneously pursuing two incompatible options: if the UFC deal closed they would cancel the show, and if it didn’t they would promote Brett Rogers vs. Fedor Emelianenko.
The complaint alleges that after conducting full discovery, M-1 and Fedor will amend the complaint to add “additional allegations, causes of action, and parties.”
The complaint alleges that in the run-up to Affliction: Trilogy M-1 began working on international deals to broadcast the show in Mexico, Central America, the Caribbean, South America, Eastern Europe, the United Kingdom, Australia, and elsewhere. The complaint details all of the deals M-1 entered into at length.
The complaint alleges Affliction was well aware this was going on all along and consented to it by not objecting. Because Affliction was supposedly aware of all of this, M-1 argues Affliction knew it would force M-1 to breach its contract with all of its international partners if it cancelled a show.
The complaint alleges that Todd Beard admitted to M-1 that Affliction could not and would not promote internationally, and agreed to allow M-1 to pursue all such opportunities with Affliction content. The change was not put into writing. This issue of modification appears to be a major issue of contention based on the complaint. Affliction will try to argue that M-1 changed the contract by pursuing rights not originally granted to it. If the court does not find that the contract was modified, Affliction cannot be held responsible for breach because M-1 went all over the world and did a number of international deals on their own.
In addition to the central claims described above, the complaint contains a lot of interesting information. The complaint alleges that in addition to the $300,000 fight purse, Emelianenko was paid an undisclosed sum that is not quantified in the complaint. The complaint also alleges that Affliction and M-1 Global entered into a “consulting agreement” in which Affliction paid M-1 a “substantial sum” in return for general consultant services.
The complaint alleges that Affliction and M-1 entered into an agreement in 2008 under which M-1 promised to produce a number of one-hour television episodes of “M-1 Challenge” and Affliction agreed to sponsor a number of the fighters. The terms of the deal are not disclosed. The complaint alleges that M-1 agreed to give Affliction promotional advantages relating to M-1 challenge including but not limited to use of the Affliction logo in marketing. In exchange for these promotional rights, Affliction agreed to pay M-1 a “substantial sum” that is not mentioned in the complaint.
Mark Hines, who is the lawyer representing M-1, also represented Silver Star against Affliction and Todd Beard in a state case earlier this year.
It is also worth noting that the complaint does not list Donald Trump or any of his entities as owners of Affliction Entertainment. Todd Beard is also still listed as an owner of Affliction and Affliction Entertainment in the complaint, which is contrary to prior public statements.
The big story to look at going forward is whether the UFC is eventually added as one of the Doe defendants in the complaint. The language of the complaint suggests that M-1 believes the UFC was involved in a conspiracy to convince Affliction to breach its contractual obligation to put on a third show.
3 recs |
180 comments
| Add comment
|
Comments
Anything that gets
Todd " You’ve fucked with the wrong person" and “Randy I hope Lesnar fucking kills you” Beard back in the news is ok by me.
Hey maybe Tom Atencio and Vadim Finkelstein can fight this out in the cage and then afterwards Tom can tell Vadim “screw Dana White for what he said about you bro, he’s not in the ring, anybody that steps in the ring I gotta lot of respect for win lose or draw at least you had the balls to step in here”
by bigdmmafan on Nov 3, 2009 3:17 PM EST up reply actions 0 recs
So that makes Affliction, M-1 hybrid with Monte Cox, Bodog and Pride that Vadim has had issue with. The only company that Fedor has worked with in the last five years that did not result in conflict with the Japanese NYE show.
Fedor: Good
Vadim: dangerous
by Lynchman on Nov 4, 2009 12:01 AM EST up reply actions 0 recs
Correct me if I am wrong, but was it not reported that Showtime played a big part in the show being canceled?
by Lynchman on Nov 4, 2009 12:03 AM EST up reply actions 0 recs
I’m sure this will encourage future business partners to co promote with M-1.
by dumbwhiteguy on Nov 3, 2009 2:35 PM EST reply actions 2 recs
lol
M-1’s reputability keeps going down.
by bawzz on Nov 3, 2009 2:43 PM EST up reply actions 0 recs
M-1 had reputability?
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 2:44 PM EST up reply actions 0 recs
I think they’re deep in negative numbers already…
by lhasafi on Nov 3, 2009 2:45 PM EST up reply actions 0 recs
Here comes a 500 comment post
anyone ready for mmalogic vs. MMASup No. 173?
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 2:38 PM EST reply actions 0 recs
LOL
I will stay out of it an mention stuff here and there.
by MMASuPreMaCy on Nov 3, 2009 2:41 PM EST up reply actions 0 recs
Now lets see if mmalogic takes that stance.
by nottheface on Nov 3, 2009 2:48 PM EST up reply actions 0 recs
I said along time ago that these sleazeballs “vadim and co” negotiated a “consulting” fee for themselves which is a clear conflict of interest at best and more like outright theft.
The “substantial sum” was around 1 million dollars per show.
If anyone thinks these guys are getting anything meaningful from this suit they are delusional.
“affliction entertainment” which all the agreements were made under is a worthless shell company.
This is my last post as I made a guarantee that Fedor’s next fight would be in the octagon which looks like I will be wrong and promised to live by the consequences.
The last thing I will say is MMAsupremacy is a cheap hooker who jumps from one failed organization to the next… apparent here jumping from Affliction to M-1 after a gazillion posts supporting Affliction. The “jeremy lappen” of forum fanboys with about a terabyte of wasted disk space. Fanboy jumping from the ifl, elitesc, affliction, m-1, etc…
final points:
There’s a greater than 80% probability that THQ will merge with EA. If EA doesnt end up buying THQ the entity that does will more than likely end up buying EA as well (check THQ stock price movements and the M&A circle). the EA MMA game if it ends up making it to retail will not do more than 600k units (1/5th of undisputed).
The showtime/strikeforce cabal is the last battle in this industry… remember this time as it will give birth to what the sport will be for the next 1000 years. Obviously the boxing model was the last hurdle and it will be bitch slapped out of this industry within 18 months… but this hurdle was necessary for what Zuffa is morphing into in order to continue to carry the sport as the “NFL” for MMA in the future.
Peace.
by mmalogic on Nov 3, 2009 10:13 PM EST up reply actions 4 recs
remember this time as it will give birth to what the sport will be for the next 1000 years.
Ah yes… the UFC’s thousand year reich!
(Couldn’t resist.)
by JRN on Nov 4, 2009 5:36 PM EST up reply actions 0 recs
I don’t know if there is any truth to these allegations since I haven’t read them (and probably won’t since I’m lazy). But I think the timing is curious. It seems a great way to generate a lot more interest in their card, especially if they insinuate some sort of malicious intent by the UFC. Suddenly a good mma card becomes something more than just a sports story. Now it is the story of the upstarts versus and the tyrannical UFC. If they can get Dana White to blow up on this, I think I may have to rate this as a smart idea.
by nottheface on Nov 3, 2009 2:39 PM EST reply actions 0 recs
Two quick comments
(1) I expect this to settle out of court on most, if not all, of these allegations. Fedor and M1 should receive a pretty big check from Atencio and friends.
(2) I highly doubt the UFC will be successfully joined as part of the lawsuit. The UFC had no legal duty to M-1 or Fedor that I am aware of. If there’s no duty, a party can’t be sued for breach of that non-existing duty. Should be interesting to see what happens nonetheless.
by dropkick101 on Nov 3, 2009 2:42 PM EST reply actions 0 recs
If they were able to join the UFC, it would be for an interference claim.
by Michael Rome on Nov 3, 2009 2:44 PM EST up reply actions 0 recs
I’m thinking, does M-1 really wanna pick a legal fight with UFC? It’s one thing to engage in a war of words, it’s another to pick a battle with a billion dollar corporation that probably has an army of lawyers outnumbering your staff.
Also, would the bout agreement have any serious relation to what the UFC was negotiating wtih Affliction? I feel like that’s too transative a relationship, and the suit will stop at just Affliction.
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 2:47 PM EST up reply actions 0 recs
If Zuffa allowed Affliction to sponsor UFC fighters contingent on Affliction canceling the Trilogy fight card then it could be considered interference in M-1’s contract with Affliction.
Or at least that’s how it seems. I’m not a lawyer so I could just be making that up.
by Andy R on Nov 3, 2009 2:52 PM EST up reply actions 0 recs
Fair point
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 2:55 PM EST up reply actions 0 recs
Not exactly true
Zuffa could have made that a stipulation to their terms, but that doesn’t hold them liable as an interference party. Zuffa was not bound by contractual obligation to either party. The onus is upon the parties bound by contract.
Affliction had the duty or responsibility by contract. They also had the power to say yes or no to any sub offer or stipulation made by Zuffa.
I think a lot of this will get thrown out of court to be honest. Maybe a small settlement from Afflction to M-1 (that’s a big maybe too). The contract language has to specifically state “guarantees” on terms being disputed. Otherwise, there is no binding terms to hold Affliction liable. I’m pretty sure they have built in clauses that release them of responsibility under certain event’s such as these.. It’s pretty standard in contractual language..
8-29-09
Keith Jardine is now known as "The Dean of Antihistamine" because he is always sleeping early in fights..
by MMAuthority on Nov 3, 2009 3:09 PM EST up reply actions 0 recs
Fair point to you as well, sir
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 3:13 PM EST up reply actions 0 recs
What would M-1 have to prove in order to win any kind of settlement in court?
by Andy R on Nov 3, 2009 3:19 PM EST up reply actions 0 recs
That Affliction Entertainment (and possible Zuffa) knowingly and willfully misled them that the planned third Affliction show was going to go ahead while they were actually fully planning to cease operations and sell their assets. If they can prove this I would think they have a pretty good case.
by nottheface on Nov 3, 2009 3:27 PM EST up reply actions 0 recs
Well it's all speculation on our parts but..
The only way M-1 wins a lawsuit is by proving that the original contract had “guarantee’s” on the terms in dispute.
Typical contractual language has clauses that release responsibility from both parties in events such as “Act of God”, “Natural Disaster” etc.. Often times clauses are added in to protect certain parties from other unforeseen problems that may arise. They could have had a clause that stated if PPV buy rates didn’t reach a certain mark by a certain time frame that they had the right to withdraw from the event.. etc..
Without seeing the exact contract we’re all speculating at this point.
What they can’t do is try to counter suit Zuffa for interference unless “monies exchanged from Zuffa to Affliction (Zuffa paid Affliction) prior to the date and time of cancellation”. That’s would be the only binding interference between Zuffa and M-1. If Zuffa didn’t pay Affliction for any service or services rendered on their behalf, then it does not matter what agreement Affliction goes into with Zuffa. They’re a separate entity all together.
The onus us strictly upon Affliction as far as what I’ve read… They were contractually obligated to M-1. If they mislead and Zuffa didn’t pay them anything in the process than there is no biding agreement. Regardless of stipulation.
If you have a deal to distribute Pepsi.. I have a good soft drink you want but stipulate that I wont give it to you unless you stop selling Pepsi, but I don’t pay you to force action.. Then you’re liable to satisfy agreement, not me.. You were of free will to make your own mind up..
It’s going to be a very HARD thing to prove in court unless they have a money trail from Zuffa to Affliction…
8-29-09
Keith Jardine is now known as "The Dean of Antihistamine" because he is always sleeping early in fights..
by MMAuthority on Nov 3, 2009 3:33 PM EST up reply actions 1 recs
That was my thinking too. M-1 would have to prove that Zuffa knowingly interfered/sabotaged the contractual agreement between M-1 and Affliction, which would be hard to do. Now they probably do have a case as far as Affliction goes but pulling Zuffa in would require something significant.
by who me on Nov 3, 2009 4:28 PM EST via mobile up reply actions 0 recs
If a third party acts to induce a breach of contract, with the knowledge of that contract and this causes damage to the party against whom the breach occurred – they’re guilty of interference.
You’re right in that we don’t know what type of contractual outs there were, but there’s no requirement that the contract has to have a “guarantee”….that would be absurd.
I am the bastard love child of Junie Browning and Diamond Dave Kaplan.
by The_Gaijin on Nov 3, 2009 4:29 PM EST up reply actions 0 recs
Perhaps I should have stated the word "specifics"
Without specifics listed in exact terms. There is no way to know for sure as we have no way of seeing the contracts in their original state.
It’s going to be VERY VERY HARD to prove Zuffa responsible for interference because they will have to prove Zuffa had exact knowledge of all existing contract’s between Affliction and it’s partners.
They are pulling at straws here with this case if they intend to counter suit anyone other than Affliction. Affliction can turn around and claim Barnett’s failure to pass the drug test crippled the earning potential for the entire show and thus forced them out of the show. Then all they have to do is show their books to show they were in fact losing money on the events and could not sustain, financially speaking.. The smart thing Affliction did was separating their Affliction brand with their Affliction fight promotion. They were 2 separate entities all together. Thus “both being named” in the suit itself. Affliction clothing entered into a “sponsorship” agreement with Zuffa LLC. As we know most companies are required to pay a proprietary licensing fee to Zuffa as well as the fighters.
This had zero baring on Affliction Entertainment. Zuffa only picked up pieces of “fighter contracts” put on the open market by Affliction Entertainment (after the show was canceled).
Good luck trying to prove any wrong doing on any ones part other than Affliction Entertainment.
8-29-09
Keith Jardine is now known as "The Dean of Antihistamine" because he is always sleeping early in fights..
by MMAuthority on Nov 3, 2009 4:42 PM EST up reply actions 0 recs
It’s going to be VERY VERY HARD to prove Zuffa responsible for interference because they will have to prove Zuffa had exact knowledge of all existing contract’s between Affliction and it’s partners.
Tortious interference doesn’t require that the defendant have knowledge of a specific contract. In fact, tortious interference includes situations where someone interferes with a “valid business expectancy” that isn’t contractual.
Note that anything I’m saying here is just a statement of what is generally the case. Specifics depend on the jurisdiction.
by cmsove on Nov 4, 2009 9:22 AM EST up reply actions 0 recs
If Zuffa allowed Affliction to sponsor UFC fighters contingent on Affliction canceling the Trilogy fight card then itcouldwould definitely be considered interference in M-1’s contract with Affliction.
Giving Shogun his props. I had the fight 48-47 Machida but Shogun put up a monumental performance and I am honored to have seen it in person.
by Day Man on Nov 3, 2009 4:06 PM EST up reply actions 0 recs
The UFC could be joined in the lawsuit based on interference with business relations, which is a tort. There’s no need for the UFC to have a legal duty to M-1. If the UFC was aware of the contractual relationship between M-1 and Affliction and intentionally interfered with that relationship, the UFC can be sued for interference with business relations.
by cmsove on Nov 3, 2009 2:49 PM EST up reply actions 0 recs
Pretty sure tort cases seek damages from situations that are not contractual obligations. But I haven’t taken a class on law in 2 years, so…
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 2:51 PM EST up reply actions 0 recs
He’s correct. If M-1 is able to successfully join the UFC, it will be for a tortious interference claim if anything. Thats what they are looking for in discovery, evidence of that.
by Michael Rome on Nov 3, 2009 2:54 PM EST up reply actions 0 recs
Mmmkay
I guess this is contigent upon some sort of fiduciary duty? You probably definitely know more about this than I do.
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 2:57 PM EST up reply actions 0 recs
No fiduciary duty is necessary. This isn’t very precise, but tortious interference is an intentional tort like battery and assault, except in this case, rather than an individual physically imposing himself on another individual, the claim would be that the UFC wrongfully imposed itself on M-1 in a business sense. No privity or duty is necessary.
by cmsove on Nov 3, 2009 3:40 PM EST up reply actions 0 recs
Thanks for the knowledge
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 3:42 PM EST up reply actions 0 recs
Well you can argue that there is always a duty in a tort claim. In this case it would be the duty not to intentionally interfere with the contractual obligations or business relationships of another party.
Giving Shogun his props. I had the fight 48-47 Machida but Shogun put up a monumental performance and I am honored to have seen it in person.
by Day Man on Nov 3, 2009 4:10 PM EST up reply actions 0 recs
I’d believe them suing Josh Barnett for messing up the big money they were going to receive from the Fedor-Barnett fight. This is just ridiculous.
Switching from Barnett to Rogers, even if the event had indeed happened, would have killed Affliction as a fight promoter anyway. There was no way it would have been the draw the original matchup was going to be. This is grasping at straws and trying to squeeze some money out of a business venture gone to smithereens.
Somebody should sit down with Finkelstein & co and explain some things to them.
by lhasafi on Nov 3, 2009 2:44 PM EST reply actions 0 recs
This is just a money grab. Nothing more and nothing less. M-1 doesn’t care that Fedor vs. Rogers didn’t happen under Affliction’s banner. They just see an opportunity to get paid.
by Andy R on Nov 3, 2009 2:47 PM EST up reply actions 0 recs
They did care. They lost out on a lot of money when Affliction didn’t put on the 3rd show and breached contracts with all the countries that dealt with to televise the event.
by MMASuPreMaCy on Nov 3, 2009 2:53 PM EST up reply actions 0 recs
Not to mention the unnecessary trip from Russia to the US (30 members) to take place in an event that Affliction failed to mention to them wasn’t happening.
by MMASuPreMaCy on Nov 3, 2009 2:56 PM EST up reply actions 0 recs
Right...
I’m sure M-1 is doing this for the principles of fair and honest business. M-1 doesn’t care about the money at all.
by Andy R on Nov 3, 2009 2:59 PM EST up reply actions 0 recs
Thats what I said, they care because they lost out on a lot of money and had expenses on top of that.
=)
by MMASuPreMaCy on Nov 3, 2009 3:01 PM EST up reply actions 0 recs
Man...
from an Affliction supporter to now an M-1 supporter. Whoever isn’t the UFC that is alive right?
Editor - BloodyElbow.com - SBNation's mixed martial arts headquarters.
MMA Editor - SBNation.com
by Brent Brookhouse on Nov 3, 2009 4:23 PM EST up reply actions 0 recs
That’s people’s misconceptions. I supported Affliction and what they were trying to do. They allowed me and others to watch Fedor and other great fighters live here in the states. Tom Atencio is a great guy.
On the other hand, no one could dispute the fact that they were over paying salaries (though, the fighters got some good pay days, which was great for them) and left a bitter taste to a lot of their partners and the fighters after the cancellation of their last show.
BTW, who is supporting M-1, or where have I supported them? If I am not mistaken, M-1 was also Affliction’s partner before (if you are labeling me an Affliction supporter), so how does that apply?
by MMASuPreMaCy on Nov 3, 2009 4:28 PM EST up reply actions 0 recs
Affliction = Good intentioned but inept promoters, we feel pity for them.
M-1 = Greasy theiving bastards who cockblocked Fedor/Brock. They must die.
Keep firing Assholes!
I am the King of Rome, and am above grammar. -Sigismund, Holy Roman Emperor
by Ubernoober on Nov 3, 2009 4:32 PM EST up reply actions 0 recs
It’s because you appear in all of your posts on this page, to be backing up M-1 and going against Affliction. If you had to choose a party in this suit, then your actions are supporting M-1 without a doubt.
Before, Affliction folded you were seemingly only posting positive stuff about them and backing them up at every chance. That does not seem to be the case now.
by MMAWrestling on Nov 3, 2009 4:33 PM EST up reply actions 0 recs
Actually, I can’t support either party, because it will all be dependent if they breached the language that was used on their contracts, but knowing Beards background, I would think that M-’s lawyer (who has won cases against Beard before), must be licking his chops right now.
I would still be supporting Affliction right now if they were still an MMA promotion and putting on great MMA events, hands down, but, sadly that is not the case anymore.
by MMASuPreMaCy on Nov 3, 2009 4:42 PM EST up reply actions 0 recs
I think his point is not that it’s about money, but that the claims about money might be justified, making the suit more than “just a money grab” (which implies that they’re trying to get their hands on money they have no claim to).
by JRN on Nov 3, 2009 3:01 PM EST up reply actions 0 recs
Correct, but I guess it will all fall to the wording on the contracts everyone signed. Beard has a bad enough record thought that he becomes an easy target for any lawsuit.
by MMASuPreMaCy on Nov 3, 2009 3:04 PM EST up reply actions 0 recs
It seems Tom Atencio would be a bigger target than Beard. Atencio was the one negotiating with Zuffa I think.
by Andy R on Nov 3, 2009 3:08 PM EST up reply actions 0 recs
Nope
Beard is the main person behind Affliction. Tom Atencio is just a “figure head”.
by MMASuPreMaCy on Nov 3, 2009 3:09 PM EST up reply actions 0 recs
Behind their MMA promotion, at the time.
by MMASuPreMaCy on Nov 3, 2009 3:10 PM EST up reply actions 0 recs
Ok, I didn’t know he was the one calling the shots.
by Andy R on Nov 3, 2009 3:13 PM EST up reply actions 0 recs
Supposedly he wasn’t, but that was probably B.S.
by ufc4 on Nov 3, 2009 3:32 PM EST up reply actions 0 recs
Tom Beard. The only guy who can make the m-1 crew look good. He is Hitler to their Stalin.
by nottheface on Nov 3, 2009 3:34 PM EST up reply actions 0 recs
Todd Beard is also still listed as an owner of Affliction and Affliction Entertainment in the complaint, which is contrary to prior public statements.
For those that did NOT know, Todd Beard was still heading Affliction and Affliction Entertainment, even though he was “fired” on their PR.
The board of directors of Affliction Inc. announced today that it received and accepted the resignation of Todd Beard as an employee of the company. Mr. Beard is one of the original founders of the clothing company based in Seal Beach, California. The resignation coincides with a public apology for comments made by Mr. Beard and directed toward Randy Couture and his wife Kim Couture regarding their business relationship.
Due to this:
http://www.bloodyelbow.com/2008/11/13/660390/todd-beard-tricked-the-eld
http://www.cagepotato.com/2008/11/13/todd-beard-is-a-fetus-punching-elderly-swindling-psycho
The most important thing here is that this lawyer already knows Beards background and has won a case against him already. He must be licking his chops right now.
by MMASuPreMaCy on Nov 3, 2009 2:47 PM EST reply actions 0 recs
Actually, Beard is still heading Affliction as they became partners with the UFC and left M-1 in the dust.
by MMASuPreMaCy on Nov 3, 2009 2:49 PM EST up reply actions 0 recs
What about Showtime?
You know your current partners M-1? I’m not sure what is true and what’s not but last we went through this people were saying Showtime didnt think they had enough time to promote the fight properly?
by bigdmmafan on Nov 3, 2009 2:48 PM EST reply actions 0 recs
Didnt Strikeforce have the same opprutunity as the UFC?
I also remember that they were talking a Strikeforce/Affliction merger where Strikeforce would handle the mma side and Affliction would do the clothing line but than Coker was out of the country and Affliction wanted out right away so they went with the UFC instead of waiting for Scott Coker to get back from vacation.
by bigdmmafan on Nov 3, 2009 2:52 PM EST reply actions 0 recs
I think that was more or less bs. Strikeforce didn’t want to take Affliction’s contracts.
by Andy R on Nov 3, 2009 2:54 PM EST up reply actions 0 recs
Didn’t have anything to do with taking contracts, contracts don’t transfer anyway, if they did Fedro would be in the UFC.
by ufc4 on Nov 3, 2009 3:33 PM EST up reply actions 0 recs
Not true
Contracts do indeed transfer, if they’re exclusive and or transferable.. It depends on the language stated in the original contract or any contract language added throughout the length of agreement and consented by both parties.
Fedor has never had an “exclusive deal”. His Pride fights were based on 1 off contracts. Which is the single most worst way to keep someone around for a length in time.
8-29-09
Keith Jardine is now known as "The Dean of Antihistamine" because he is always sleeping early in fights..
by MMAuthority on Nov 3, 2009 3:40 PM EST up reply actions 0 recs
They were independent contractors, their contracts didn’t transfer, just like the PRIDE contracts didn’t. I didn’t say NO contracts EVER transfer, but the ones we are talking about don’t.
by ufc4 on Nov 3, 2009 3:44 PM EST up reply actions 0 recs
ooops.. :)
I misread what you were implying.. :)
You were right.. That could not be a basis of claim on M-1’s part, because none of the contracts were transferable. The UFC had to resign all fighters off of the Affliction roster.
8-29-09
Keith Jardine is now known as "The Dean of Antihistamine" because he is always sleeping early in fights..
by MMAuthority on Nov 3, 2009 3:47 PM EST up reply actions 0 recs
Right. I agree that SF wouldn’t want to take the Affliction contracts if they merged but they wouldn’t have to so it’s a moot point.
by ufc4 on Nov 3, 2009 4:03 PM EST up reply actions 0 recs
I was under the impression it was supposed to be more a merger than a buyout. Either way it would have been a stupid move for SF.
by Andy R on Nov 3, 2009 4:22 PM EST up reply actions 0 recs
Coker said there was no such talks going on and Iole is full of bs.
=)
by MMASuPreMaCy on Nov 3, 2009 2:56 PM EST up reply actions 0 recs
And Affliction said they were going to put on a 3rd show. Why believe one but not the other?
by Phildo on Nov 3, 2009 2:59 PM EST up reply actions 0 recs
Why believe Coker? Because SF had nothing to do with Affliction.
by MMASuPreMaCy on Nov 3, 2009 3:02 PM EST up reply actions 0 recs
Right, nothing at all, except letting Arlovski fight at Strikeforce after Affliction 2 was cancelled, and according to M1, negotiating to replace Barnett with Rogers. Nothing at all.
by Phildo on Nov 3, 2009 3:03 PM EST up reply actions 0 recs
Letting fighters fight in another promotion, that’s supposed to be negative?
by MMASuPreMaCy on Nov 3, 2009 3:06 PM EST up reply actions 0 recs
It’s a relationship, which you just said didn’t exist.
by Phildo on Nov 3, 2009 3:06 PM EST up reply actions 0 recs
Oh
and in case you didn’t know, Showtime got Arlovski to fight for Strikeforce.
by MMASuPreMaCy on Nov 3, 2009 3:07 PM EST up reply actions 0 recs
So Strikeforce was involved somehow, yes?
It just doesn’t make sense. The lawsuit says “Strikeforce, Affliction, and M-1 reached an agreement with M-1 to allow Brett Rogers to fight Fedor Emelianenko at Affliction: Trilogy…”
How can you say there’s no relationship when it’s obvious that there was?
by Phildo on Nov 3, 2009 3:12 PM EST up reply actions 0 recs
There obviously was, since Rogers was a Striekforce fighter, but you are missing the point here. Coker made these statements during the Affliction demise. In fact, the whole point was that he was pissed at the rumors that they “missed” out on a great opportunity to merge with Affliction. Coker said he had no interest in that.
by MMASuPreMaCy on Nov 3, 2009 3:18 PM EST up reply actions 0 recs
And my point is, why do you believe that?
Iole lies, Dana lies, Attencio lies, but Coker tells the truth?
by Phildo on Nov 3, 2009 3:21 PM EST up reply actions 0 recs
Actually, that was so long ago, we all need to relive that moment...
=)
"That was already in the works. How they got out…[if] they became a sponsor for Strikeforce, [were] the conversations we were having. This was their last fight, so there would be no more fighters. The dialogue was that they were getting out of the business a month ago."
Hours after cancelling Trilogy, Affliction and the UFC announced a collaboration promoting Affliction’s apparel line in the Octagon with the agreement that Affliction would cease promoting fights.
Coker said he was in negotiations with Affliction to make a simliar arrangement, but that negotiations broke down after Barnett’s positive steroid test.
Evidently Affliction was having similar negotiations with the UFC and UFC President Dana White knew Trilogy was Affliction’s final event.
White had identified Affliction middleweight "Phenom" Vitor Belfort (17-8) as the top contender to UFC middleweight champion "Spyder" Anderson Silva (24-4) during The Ultimate Fighter 9 Finale in Las Vegas 20 June. Then, White guaranteed a showdown between Lesnar and Emelianenko in the Octagon at the post-fight press conference after UFC 100 in Las Vegas 11 July. Both declarations were odd because White is known for soundbites disrespecting and disregarding fighters not currently in the UFC, including ex-UFC champions.
by MMASuPreMaCy on Nov 3, 2009 3:23 PM EST up reply actions 0 recs
Let me try to get all the facts in one post. =)
by MMASuPreMaCy on Nov 3, 2009 3:26 PM EST up reply actions 0 recs
Thank you for finding the “facts” that say that Coker was in negotiations with Affliction.
by Phildo on Nov 3, 2009 3:42 PM EST up reply actions 0 recs
They are at the bottom with links.
=)
by MMASuPreMaCy on Nov 3, 2009 3:46 PM EST up reply actions 0 recs
It should all be cleared up below now. Merger talks were BS (which Iole reported), talks to become sponsors took place months ago (Affliction and UFC) as Affliction was trying to get out.
by MMASuPreMaCy on Nov 3, 2009 3:54 PM EST up reply actions 0 recs
Again, it’s only BS according you because Coker says so. Why you believe him more than anyone is beyond me.
Months ago YOU knew that Todd beard was not involved with Affliction Entertainment any more and Attencio was in charge of that, but today you say that’s false.
I’m just a little tired of you picking up the story of whoever is leading the newest next pride and acting like it’s gospel, when all of these people are professional liars.
by Phildo on Nov 3, 2009 3:56 PM EST up reply actions 0 recs
Actually, I knew that Beard was heading it. I agree with you though, all promoters are liars. In this case though, I have other sources to back it up.
by MMASuPreMaCy on Nov 3, 2009 4:06 PM EST up reply actions 0 recs
Beard is affiliated with Affliction Clothing Line, which is where the dispute happened with Xtreme Couture. Affliction Entertainment (which Atencio is in charge of) is a completely different entity.
This is a good move for Affliction, and does not imply in any way they are done.
by Phildo on Nov 3, 2009 4:07 PM EST up reply actions 0 recs
Yeah, that was their PR push a LONG time ago, before I figured Beard was still running the scenes. There was not facts at the time to prove it one way or the other, other than the PR release.
by MMASuPreMaCy on Nov 3, 2009 4:09 PM EST up reply actions 0 recs
That’s only a PR release if you are going to confess for shilling for them, because that’s a quote from one of your comments.
by Phildo on Nov 3, 2009 4:11 PM EST up reply actions 0 recs
Well, I figured it out afterwords. That quote obviously represents the reports released at the time.
by MMASuPreMaCy on Nov 3, 2009 4:13 PM EST up reply actions 0 recs
It was rumored by some that Beard was still running Affliction, but nothing concrete until Coker mentioned Beard:
“The reality, honestly, is that I couldn’t react fast enough for Todd (Beard) to feel good about,” said Coker.
by MMASuPreMaCy on Nov 3, 2009 4:11 PM EST up reply actions 0 recs
It was clear at this point that Beard was still running the show, and not Atencio, contrary to Beard’s “resignation” from the company.
by MMASuPreMaCy on Nov 3, 2009 4:14 PM EST up reply actions 0 recs
I think his point is that the Affliction-Strikeforce merger wasn’t seriously considered. Or if it was it was rejected because Scott Coker didn’t like the deal, not because he was on vacation.
by Andy R on Nov 3, 2009 3:21 PM EST up reply actions 0 recs
Showtime: Arlovski you fight for Strikeforce, now!
Arlovski: No, suck my pee pee
Showtime: We have your puppy. Fight or we give the pitbull to Mike Vick
Arlovski: FML
by ZombieWamma on Nov 3, 2009 3:13 PM EST up reply actions 1 recs
Arlovski fought on the EliteXC card when the original Affliction 2 cancelled.
by nottheface on Nov 3, 2009 3:07 PM EST up reply actions 0 recs
Ah, I can’t keep all the canceled Afflcition cards straight, thanks.
by Phildo on Nov 3, 2009 3:08 PM EST up reply actions 0 recs
Kinda surprised that didn't happen a long time ago...
by Limelight on Nov 3, 2009 2:55 PM EST reply actions 0 recs
Because they didn’t have an event coming up in less than a week.
by nottheface on Nov 3, 2009 2:56 PM EST up reply actions 0 recs
This is silly, because this story is going to get absolutely no coverage outside of hardcore fans, but I don’t think they have a clue what plays well in public, so I’ll buy it.
I can see the headlines now, “MMA org you’ve never heard of sues other MMA org you’ve never heard of over the cancellation of a card that was going to bomb.”
by Phildo on Nov 3, 2009 3:05 PM EST up reply actions 0 recs
Not if Dana White blows up. Everyone been saying the best promoter for a rival to the UFC has been Dana’s mouth. Let’s see if he can keep it shut.
by nottheface on Nov 3, 2009 3:09 PM EST up reply actions 0 recs
I think he’s smart enough to be quiet. It would be unwise to comment publicly on a lawsuit Zuffa could end up involved in.
by Andy R on Nov 3, 2009 3:11 PM EST up reply actions 0 recs
And God knows Dana has never made any unwise public comments.
by ufc4 on Nov 3, 2009 3:39 PM EST up reply actions 0 recs
His mouth has never cost him in court. And it won’t this time.
Dana’s mouth helped Afflcition, but Strikeforce was so afraid of the counter programming that they scheduled an event on a week when Dana has no reason to talk to anyone, so they can’t even use that.
by Phildo on Nov 3, 2009 3:14 PM EST up reply actions 0 recs
Drama bomb.
I wonder how this will all play out. I doubt Affliction Entertainment actually has any money to pay off in a lawsuit, but also suing Affliction Clothing and the “unnamed John Does” makes it interesting.
I don’t know if the UFC will ever get attached to this thing, but that will definitely cause a lot of fireworks.
by Phildo on Nov 3, 2009 2:56 PM EST reply actions 0 recs
i cant image them wanting to name UFC in this at all. the UFC would find some way to throw millions of dollars at it and somehow bankrupt M-1 and fedor in the process and get all ownership rights to fedor and any of his future off spring.
I'm old school hating Lesnar, I've been hating Lesnar since '08
by MicahW on Nov 3, 2009 2:59 PM EST reply actions 0 recs
The UFC should do this anyways… Payback is a bitch (or so it seems when you mess with Dana)
by MMAWrestling on Nov 3, 2009 3:00 PM EST up reply actions 0 recs
“UFC would like to file a countersuit for intent to drag the companies name through the mud, we are suing for damages of $24,000,000 in lost PPV revenue of UFC 106. it was estimated to do over 1 million buys in mid october, and it only pulled 400,000 buys and we believe its ALL because of M-1’s claims” that would be hilarious!
I'm old school hating Lesnar, I've been hating Lesnar since '08
by MicahW on Nov 3, 2009 3:09 PM EST up reply actions 0 recs
The question is how much did Showtime play a role in this?
Did Showtime play any role in the cancellation of Trilogy? If they did, will M-1 go after their “current partners” or will they just STFU?
I dont think M-1 Global really cares about the fact that Affliction got canceled they are pissed that they lost a lot of money.
Just like the people that say Fedor is not in the UFC because Dana badmouths him.
Dana could call Fedor a fat, crazy, russian all he wants if he was willing to co-promote and hand over 50% of the profits of any show Fedor is on.
by bigdmmafan on Nov 3, 2009 3:05 PM EST reply actions 0 recs
I hope M-1 goes to hell. Affliction did a lot for Fedor here in the U.S., hyping him up as much as they could.
by thesource on Nov 3, 2009 3:10 PM EST reply actions 0 recs
Fedor seems like a nice enough guy, but...
M-1 has been tarnishing his image for long enough now.
I'm old school hating Lesnar, I've been hating Lesnar since '08
by MicahW on Nov 3, 2009 3:11 PM EST reply actions 0 recs
Anybody seems nice when they are programmed to not talk.
by steveoc24 on Nov 3, 2009 3:15 PM EST up reply actions 0 recs
WHEN
m-1 folds, I will celebrate the day annually as a mma fan independence holiday
by cagefightonacid on Nov 3, 2009 3:12 PM EST via mobile reply actions 0 recs
Coker has to be shitting his pants now since they are partners with M-1 and M-1 is getting the UFC involved. Watch Dana now throw big money at Strikeforce fighters when their contracts are up.
by steveoc24 on Nov 3, 2009 3:14 PM EST reply actions 0 recs
Todd Beard sounds like the kind of name an idiot would make up on the spot when trying to think of a fake name.
I dislike Matt Hughes. Shogun beat him like a dirty horse.
by MonkeyCHops on Nov 3, 2009 3:14 PM EST reply actions 1 recs
you mean like changing your name fro gary to jerry?:)
by bdw on Nov 3, 2009 3:51 PM EST up reply actions 0 recs
There Arent Any John Does
The term ‘John Does’ in a complaint doesnt actually allude to any specific people, it just means that they reserve the right to add further names to the list at a later date. I work at a civil law firm in California and every case we file has John Does just in case someone else comes up after we’ve filed the initial complaint.
by nomomrnicekyle on Nov 3, 2009 3:26 PM EST reply actions 0 recs
I hope they add the slap-chop guy.
I dislike Matt Hughes. Shogun beat him like a dirty horse.
by MonkeyCHops on Nov 3, 2009 3:29 PM EST up reply actions 0 recs
Oh yeah, I forgot Slap Chop guy vs. Hooker was supposed to take place at Affliction 3.
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 3:40 PM EST up reply actions 0 recs
"You're gonna love my nuts."
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 3:49 PM EST up reply actions 1 recs
what if fedor wins and is granted $2M, and M-1 takes a $1.9M cut… i’m sorry, but i would laugh.
I'm old school hating Lesnar, I've been hating Lesnar since '08
by MicahW on Nov 3, 2009 3:35 PM EST reply actions 0 recs
What jurisdiction is this in? It’s probably federal as Affliction is a CA corp and M-1 is Russian, but was in filed in CA?
by HonorableJudgeIto on Nov 3, 2009 3:38 PM EST reply actions 0 recs
The jurisdiction would be wherever the action took place, which in this case is California.
by nomomrnicekyle on Nov 3, 2009 3:40 PM EST up reply actions 0 recs
M-1 Global is an american company. M1 mixfight is russion.
by Phildo on Nov 3, 2009 3:41 PM EST up reply actions 0 recs
It looks like M-1 Global is a New York company:
Filing Number: 3576556
Name: M-1 GLOBAL LLC
Name Type: LEGAL
standard process address: 511 W 25TH ST STE 503
NEW YORK, NY 10001-5583
by cmsove on Nov 3, 2009 3:50 PM EST up reply actions 0 recs
lol this is funny
i knew Affliction will be sued sooner or later. IMO they should just pay them off and get over with it. GO RUSSSIA !
=)
by 1WAYtiket on Nov 3, 2009 3:40 PM EST reply actions 0 recs
Uh, what;s with all the anti-M1 comments? I understand them in general, but not in relation to this specific story? How does this paint them in a bad light particularly? It seems like they MAY have a legitimate complaint.
by An0nymous on Nov 3, 2009 3:45 PM EST reply actions 0 recs
Important Read Regarding This Matter
TOM ATENCIO DETAILS AFFLICTION’S FINAL HOURS
http://mmaweekly.com/absolutenm/templates/dailynews.asp?articleid=9390&zoneid=3
- STRIKEFORCE CEO: AFFLICTION’S FALL NOT SO SUDDEN:
http://mmaweekly.com/absolutenm/templates/dailynews.asp?articleid=9256&zoneid=3
The Details Behind Affliction’s First Attempt to Exit the Fight Game:
http://www.bloodyelbow.com/2009/7/25/962733/bloody-elbow-exclusive-the-true
Todd Beard Tricked the Elderly?
http://www.bloodyelbow.com/2008/11/13/660390/todd-beard-tricked-the-eld
Todd Beard Is a Fetus-Punching, Elderly Swindling Psycho
http://www.cagepotato.com/2008/11/13/todd-beard-is-a-fetus-punching-elderly-swindling-psycho
by MMASuPreMaCy on Nov 3, 2009 3:45 PM EST reply actions 0 recs
Atencio Takes Exception to White Recruiting His Fighters (Tampering)
http://www.5thround.com/news/3786/atencio-takes-exception-to-white-recruiting-his-fighters/
http://www.bloodyelbow.com/2009/6/24/923384/the-case-for-vitor-belfort
Some might have missed it, however Affliction Entertainment’s VP Tom Atencio certainly didn’t. During a commercial break in this past Saturday’s "TUF 9 Finale," UFC president Dana White publicly stated that he is intending to make a run at former UFC champ Vitor Belfort. The only problem is he’s still under contract with Affliction with a fight right around the corner.
by MMASuPreMaCy on Nov 3, 2009 3:51 PM EST up reply actions 0 recs
Scott Coker On Afflictions Fall
It did not take him by surprise that the new promoter had closed up shop – though he expected it to happen after "Trilogy."
He disputes a well-read report that said Strikeforce was in the final stages of a merger with the clothing company.
"I just want to make the facts straight: there were never merger talks," he said. "It makes me look stupid. I was very much in touch."
Coker would confirm, however, that Strikeforce had been in talks with Affliction for several months regarding a sponsorship deal, which never came to fruition. Shortly after Barnett was removed from the card, communications broke down between the companies over a possible replacement. That replacement was Strikeforce heavyweight Brett Rogers.
"The reality, honestly, is that I couldn’t react fast enough for Todd (Beard) to feel good about," said Coker.
Beard, who Affliction said resigned in November to seek counseling for alcohol abuse and anger management problems, was apparently still at the helm, and upset with Coker’s unwillingness to allow Rogers to step in.
"I’m like, look, it’s not just me, I have to talk to Showtime, and usually we don’t put fighters in fights that we can’t have a rematch with," Coker continued. "It’s like, you want us to take one of our top heavyweights and give him to you when he’s only trained for five days? He’s just going to be taking the fight for the money. Even if you wanted to pay me money, it’s not worth it to me. And Showtime’s like no. So I told Todd, get a rematch clause for Fedor. But on another show, in the future, we can do it. Which I think is reasonable."
In the end, though, Coker understood that any future talent exchanges wouldn’t be necessary, because the clothing company was getting out of the fight business.
"That was already in the works," he said. "How they got out…(if) they became a sponsor for Strikeforce, (were) the conversations we were having. This was their last fight, so there would be no more fighters. The dialogue was that they were getting out of the business a month ago."
by MMASuPreMaCy on Nov 3, 2009 3:47 PM EST reply actions 0 recs
here’s the thing, negotiations between the UFC and Affliction happened in Oct 2008 and were made public, this would possibly protect Zuffa if any claims were made against them aas they could say that negotiations were previously revealed
by davec84 on Nov 3, 2009 3:51 PM EST reply actions 0 recs
just because I have nothing new to add to this conversation…

Machida is a god
I now drink my urine daily
by orcus on Nov 3, 2009 3:54 PM EST reply actions 1 recs
Haha, I’m not sure who comes off worse in that picture.
by Razzel on Nov 3, 2009 3:59 PM EST up reply actions 0 recs
I’m with you. I don’t have anything to add to this conversation, but will most likely comment on any outcome of this legal action. So until then, let us take enjoyment at AA’s expense :)
I love me some Sexyama!
by pud333 on Nov 3, 2009 5:06 PM EST up reply actions 0 recs
Some people are foolish to think that if Zuffa is named in this suit that they can just “throw millions of dollars at it” and win. The tobacco companies had an “army of lawyers” and they still paid out billions. People think Dana and company are unstoppable and above the law. They’re not.
by MrJobro on Nov 3, 2009 3:58 PM EST reply actions 0 recs
UFC does not equal the tobacco companies.
by Razzel on Nov 3, 2009 3:59 PM EST up reply actions 0 recs
Well there was a pretty good pile of evidence against the tobacco companies, not sure M-1 has the same amount of dirt on the UFC.
by ufc4 on Nov 3, 2009 4:05 PM EST up reply actions 0 recs
Right, I think people are really getting ahead of themselves here. Zuffa or the UFC have not been named in the suit.
Although, I’ll admit it looks to be heading that way.
by Andy R on Nov 3, 2009 4:20 PM EST up reply actions 0 recs
People think Dana and company are unstoppable and above the law.
You’re right, that’s only Steven Segal.
We're just a million little gods causin' rain storms, turning every good thing to rust.
by Robert Downey Sr. on Nov 3, 2009 5:16 PM EST up reply actions 0 recs
1) I would LOVE to see M-1 try to sue the UFC.
2) The more M-1 pulls these douchebag stunts, the more it reflects negatively on Fedor. Look, you can be the nicest guy in school, the workplace, etc., but if all of your friends are jackasses, there’s probably a reason for that.
by Razzel on Nov 3, 2009 3:58 PM EST reply actions 0 recs
Friends reflects on one’s personality, if your friends are crooks, there is a good chance you are one too :P
Machida is a god
I now drink my urine daily
by orcus on Nov 3, 2009 4:00 PM EST up reply actions 0 recs
Exactly! Fedor coming off well in interviews does not trump the fact that he chooses to surround himself with guys like Vadim and Jerry Millen.
by Razzel on Nov 3, 2009 4:03 PM EST up reply actions 0 recs
Yeah Fedor used to be in my top five favorite fighters, and after the UFC vs M1 fight, he lost me entirely. How can a guy (vadim) ask to co promote with the biggest MMA company in the world and keep a straight face, and Fedor backs whatever this guy does or say. Now they have this lawsuit, I guess thats what "Crazy Russians" like to do with their free time haha. I used to say Fedor would come back to my top 5 once he signed with the UFC, now even if he does, I don’t think I can put him back there.
Machida is a god
I now drink my urine daily
by orcus on Nov 3, 2009 4:10 PM EST up reply actions 0 recs
M-1 may be douchebags, but at this point who is to stay say they don’t have a case. If they were screwed by Beard (who is even a bigger jackass, douchebag than anyone at m-1), they deserve to have their day in court.
by nottheface on Nov 3, 2009 4:04 PM EST up reply actions 1 recs
I have a feeling
that if this situation was reversed and M-1 and Fedor backed out of Affliction 3 and Affliction went after them that a bunch of you guys would be saying that Affliction is picking on Fedor.
There are certain fans that act like the only way mma can be wrong is if the letters UFC or WEC are in front of it.
by bigdmmafan on Nov 3, 2009 4:09 PM EST up reply actions 0 recs
I’m not so much pro-UFC as I am anti-M1.
by Razzel on Nov 3, 2009 4:14 PM EST up reply actions 0 recs
It's not even pro-UFC
I love all mma and cant wait for Strikeforce and M-1 Global Saturday Night Fights this weekend but its getting old that now any time any mma company goes under the UFC is responsible. Please these companies dont know how to run an mma company and because the UFC is a competitor they are to blame if they go out of business?
Would you blame Toyota for GM’s collapse? No and its the same here. You have one company that is doing things right and one company that made a bunch of mistakes.
by bigdmmafan on Nov 3, 2009 4:33 PM EST up reply actions 0 recs
I completely agree. Everybody criticizes the UFC for how they do business and their fighter contracts, but nobody else has built a successful alternative business model. They are all either out of business, or they are like Strikeforce and can’t get their champions to defend their belts.
by Razzel on Nov 3, 2009 6:21 PM EST up reply actions 0 recs
Yeah, I do not have an intricate knowledge of the case, but the idea that Vadim and co. are doing something slimy is a pretty safe assumption at this point. I mean he signs with an upstart company, COINCIDENTLY that company goes under, and now they’re suing.
by Razzel on Nov 3, 2009 4:12 PM EST up reply actions 0 recs
Beware of Dog!
I do agree that the company you keep does reflect back on you. However, whether Fedor is a good person or not is besides the point. M-1 is shady, through and through, and I think the UFC is better off not dealing with them. It’s like when you meet a girl you want, but she’s playing games with you before you even go on the first date. If she’s treating you so bad and messing with your head this early on, just imagine how she might treat you if you got into a relationship with her. It’s just not worth it. Stay away!
I love me some Sexyama!
by pud333 on Nov 3, 2009 5:14 PM EST up reply actions 0 recs
Whatever. (Yawn)
This sounds like a nice way for 100 lawyers to rack up millions in legal fees and most likely bleed Fedor, er I mean M-1 dry. I doubt this has legs.
by I don't wear mma t-shirts on Nov 3, 2009 4:07 PM EST reply actions 0 recs
At the time, I must admit that the thought of the UFC having a nefarious role in the Affliction collapse crossed my mind. Granted, it was based merely on conjecture.
Still, I’ll be interested to see where this goes. If anywhere…
I specializes in grammar fail.
by a tommy point on Nov 3, 2009 4:09 PM EST reply actions 0 recs
There are a few lawyers banging around here.
As for the news, I am absolutely stunned that M-1 would be involved in a cash grab lawsuit.
Keep firing Assholes!
I am the King of Rome, and am above grammar. -Sigismund, Holy Roman Emperor
by Ubernoober on Nov 3, 2009 4:16 PM EST reply actions 0 recs
The real interesting issue if Zuffa is named
Is the discovery process. For those of you who don’t know, once a claim is filed with the courts then the parties to the lawsuit undergo discovery. During discovery both side request information and documents relating to the cause of action. This relation can be tenuous and parties often fight over what records are relevant but you can bet your ass that M-1 would LOVE to get a look at the UFC’s books.
Giving Shogun his props. I had the fight 48-47 Machida but Shogun put up a monumental performance and I am honored to have seen it in person.
by Day Man on Nov 3, 2009 4:23 PM EST reply actions 0 recs
I bet the UFC would love to Fedex M-1’s books to the FBI too.
Keep firing Assholes!
I am the King of Rome, and am above grammar. -Sigismund, Holy Roman Emperor
by Ubernoober on Nov 3, 2009 4:27 PM EST up reply actions 3 recs
Which is the funny part of discovery. You’re basically on the honor system to produce all documents. Guess how often incriminating documents don’t make their way into production.
Giving Shogun his props. I had the fight 48-47 Machida but Shogun put up a monumental performance and I am honored to have seen it in person.
by Day Man on Nov 3, 2009 4:43 PM EST up reply actions 0 recs
What is on M-1’s books is what crossed my mind. I mean does M-1 really want the exact numbers out there on how much money they got and where exactly it all went. Cause I know I’m interested to hear how much Vadim took for himself and how much Fedor actually got.
Just BE.
by mattman73 on Nov 3, 2009 5:58 PM EST up reply actions 0 recs
They don’t care about that.
They’ll just say (and people will believe) that it doesn’t matter how much actually went to Fedor because “he’s a part owner” or they did the transactions back in Russia “for tax reasons” or other equally silly stuff.
The only thing I’m interested to see in it is how much they got paid in “consulting fees” It will be nice to have that info the next time someone says SF isn’t in danger of losing money “because M1 pays fedor.”
by Phildo on Nov 3, 2009 6:16 PM EST up reply actions 0 recs
It would surely mean the end of
M-1. Or at least I could only hope. I kinda hope that M-1 tries to pursue this and spends a ton of money on it, and then asks Scott Coker to split it down the middle. Since the supplied the talent after all.
by dugmouth on Nov 3, 2009 8:13 PM EST up reply actions 0 recs
MMAPayout Is On This Story As Well
The complaint obtained by MMAPayout.com sheds new light on the relationship between the parties. Under the terms of the agreements, Emelianenko was to receive $300,000 per bout plus travel and accommodations expenses from Affliction in addition to a "substantial" payment from M-1. In addition to its promotional agreement with Emelianenko, Affliction also entered in a consulting agreement with M-1 as well as a letter agreement concerning Affliction’s sponsorship of the M-1 Challenge.
The cancellation of Affliction: Trilogy and the circumstances surrounding it are at the heart of the allegations. According to the complaint:
Plaintiff is informed, believes, and based thereon alleges Affliction intended to sign Brett Rogers to fight in Affliction: Trilogy and intended to go forward with the event if the UFC deal failed, but intended to cancel [the event] if the UFC deal closed. Brett Rogers was ready, willing, and able to fight Emelianenko in [the event], but instead of honoring its promises to Emelianenko and M-1 by signing Rogers, Affliction elected to serve its own financial interests at the expense of its partners.
The complaint goes on to state that following discovery concerning the events that lead to the event’s cancellation and "determining what discussions and agreements took place between Affliction and the UFC, and when these discussions took place, Plaintiffs will amend this complaint to add additional allegations, causes of actions, and parties as supported by the facts discovered."
http://mmapayout.com/2009/11/emelianenko-m-1-allege-breach-of-contract-by-affliction/
by MMASuPreMaCy on Nov 3, 2009 5:12 PM EST reply actions 0 recs
The complaint sheds a lot of light on why UFC and M-1 can’t make a deal. Endless side consulting deals and payments that are obviously direct payments to M-1 made under the guise of consulting deals.
by Michael Rome on Nov 3, 2009 5:24 PM EST reply actions 0 recs
Yea, there’s talk about how M-1 was doing all the promoting internationally and the international TV deals. Isn’t that how a co-promotion would work?
by Phildo on Nov 3, 2009 5:36 PM EST up reply actions 0 recs
Great Stuff
Rarely do we get to see how deals are cut in MMA. Its seems as though we only get details via lawsuits; Randy’s, Vera’s with his manager (2 handwritten post-it note with 2-3 numbers constituted a contract offer from Zuffa in that case), this one, etc..
I have no clue how much Affliction screwed M-1, if at all. Nor can I lay claim to know who is in the wrong on the M-1/Golden Glory feud, but I sure as hell do understand Zuffa’s no co-promotions, at least not with M-1 decision. They are simply not good business partners, outside of Fedor they bring nothing but headaches.
by pwrcartel on Nov 3, 2009 5:45 PM EST reply actions 0 recs
I brought this up after the Cancelled event
The problem for Affliction is they always presented themselves as partners with M-1 Global. Signing a partnership agreement is legally different than signing a service agreement. You can blow off a service agreement if the terms give you the power. In a partnership agreement one party cannot purse a venture that benefits themselves and is a detriment to the other parties . . . that’s why it’s legally titled a partnership.
If Affliction and M-1 Global signed a partnership agreement than I’d say Affliction is fighting a huge up hill battle. Canceling a joined event while selling your share of the assets when the other party is unaware and on a plane half away across the world isn’t going to sit well in any court. Certainly appears Affliction wasn’t upholding the standards of a partnership. It would be up to Affliction to prove that the partnership was already dissolved before M-1 Global set foot on that plane to go to the event.
If UFC is listed on the suit it’s just because that is what lawyers do. It takes no effort to write someone off a lawsuit, but it’s difficult to add one later. The loop hole is “50 John Does”, basically means they will fill in the name later if they can find something on someone that will stick.
Disclaimer, I’m not a lawyer but familiar with partnership agreements.
by bignerd on Nov 3, 2009 10:26 PM EST reply actions 0 recs
Sigh..............................
Everyone has a game plan, untell they get hit.
by mma is #1 on Nov 3, 2009 11:21 PM EST reply actions 0 recs
I feel bad for Affliction: They lost millions in the two cards they did run and are now being sued for the card they did not do.
Even if they had gone through with it, they would have lost millions more.
by Lynchman on Nov 4, 2009 12:10 AM EST reply actions 0 recs

by 





















