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Tuesday, May 12, 2009
Roger Clemens' Interview on ESPN Radio

I have a new column on the legal implications of Roger Clemens' interview this morning on ESPN Radio's Mike & Mike in the Morning. An excerpt of the column is below.

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Clemens' decision to appear on Tuesday's radio program probably did not please his attorneys. Persons who are facing possible indictments and criminal trials are typically discouraged by their counsel from answering questions in the absence of legal protections. In addition, by reminding a national audience of the gravity of his alleged crimes and by unequivocally insisting that he is a victim of others' wrongdoing, Clemens makes it harder for the Justice Department to even consider dropping or moderating its case against him. In that same vein, Clemens' decision to appear on a national radio show suggests that his focus is on the "public trial of his reputation," which, if true, may ultimately harm his prospects in a criminal trial of his legal rights. Put another way, Clemens needs to put aside concerns about the public's disbelief in him and focus on the specific goals of defending himself from criminal conviction.

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To read the rest of the piece, click here.


This is OT but relevant to sports law:

As you know, Manny was suspended for steroids and is losing about $8 million dollars.

Is Boras' commission effected at all?

Anonymous Anonymous -- 5/13/2009 10:51 AM  

Thanks for the question, Anonymous.

I believe Boras' commission is earned gradually, as Manny earns the contract, rather than Boras receiving all of it upon the signing of the contract (or rather than for negotiating the contract itself). For instance, if Manny were to retire before the end of the contract, I don't believe he would owe Boras a commission for the unearned (and unearnable) portion. So my sense is that Boras loses out on his cut of Manny's deal while Manny is suspended. If anyone knows otherwise, please chime in.

Blogger Michael McCann -- 5/13/2009 7:11 PM  

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