Advertisement
Advertisement
Boxingscene.com

Guerrero's Lawyer: Golden Boy Violated The Ali Act

By Rick Reeno

Attorney Bruce Zabarauskas of California-based firm Thompson & Knight LLP, reached out to BoxingScene.com to explain the reasoning behind Robert Guerrero's decision to break his promotional contract with Golden Boy Promotions.

Guerrero's lawyer has started the process to break the contract through an arbitration with the California State Athletic Commission.

The former champion has been inactive since the May 2013 twelve round decision loss to Floyd Mayweather Jr. - where Guerrero received a career high $3 million dollar payday. Prior to that, Guerrero headlined televised events against Andre Berto and Seluck Aydin.

Zabarauskas disputes some of Schaefer's earlier comments, regarding the California commission having no jurisdiction over that contract - because the contract was written under New York law.

Moreover, Schaefer says the attorney who filed the papers and claims the promotional contract is illegal, is the same lawyer who negotiated Guerrero's new promotional contract prior to the Mayweather fight.

"The guy who filed the papers, he's the same one who negotiated the deal on the contract and he is listed on the contract as the legal representative. The contract is under New York law. So they go to the California commission to ask them to void a New York contract. The California commission has no jurisdiction over a New York contract," Schaefer said.

"They were happy with everything [on the new contract]. Their attorney negotiated everything. The managers, Luis and Santos negotiated it. [Their attorney] discussed the New York law provisions, he even explained it in the contract and the specific language in there and everything . Everything was okay and now suddenly it is illegal. I am speechless. I do not understand it."

According to Zabarauskas, that is not the case, and there were numerous violations with respect to the agreement.

"He is 100% wrong on that. The choice of law provision is not enforceable. They violated California law on numerous grounds here. The arbitration filed with the commission is that Golden Boy violated three rules of the California State Athletic Commission. It is our position that California law applies. The New York choice of law provision is illegal and unenforceable. California commission rules require that a contract is not enforceable unless the parties appear in person and the commission approves the agreement - they didn't do that. California commission rules require, specially there is a California form addendum to promotional contracts which not part of the agreement. The third thing is, the California commission rules prohibit the extension of promotional agreements beyond five years. When it was signed, Robert's original agreement was still in effect. So the extension violates the commission rules," Zabarauskas told BoxingScene.com.

"Additionally, this agreement was required to be signed, by Golden Boy, in order for Robert to fight Floyd Mayweather - which violates the federal Muhammad Ali Act. When Robert fought Floyd Mayweather, Robert was the WBC mandatory challenger. Under the federal Muhammad Ali Act, a promoter cannot require a fighter to provide promotional rights in exchange for the right to fight a mandatory title fight. So they basically said to Robert, if you want the Mayweather fight, you have to sign this illegal extension. That's where we have this agreement."

"They take the position that New York law applies. New York law has nothing to do with this case. We have a California fighter, a California based promoter and you have a regulatory state system in the state of California which is designed to protect California fighters. Golden Boy's position is - we can evade California law whenever we feel like it, and take away the protections, by including once sentence - 'New York law applies.' The California law is, not all choice of law provisions are enforceable. The rule in California is, in order for a provision to be enforceable, there has to be a substantial relationship between the contract and the state of law that you're choosing. The problem they have is, Robert is not licensed in New York. He's based in California. The contract was negotiated in California. Robert has a California license. Robert has never fought in the state of New York and it wasn't signed in New York."

Taking away the contract issues, Golden Boy still holds the bulk of the welterweight talent, and many outside observers are still shocked that Guerrero would look to walk away when Golden Boy has at least a dozen potential fights at the weight.

But, Zabarauskas indicates that only fight, with Keith Thurman, was offered from that vast pool of talent. And, Zabarauskas says the fight was turned down because the offer, allegedly, did not comply with terms of Guerrero's contract. 

"Richard has gone around saying they offered us multiple fights. That's not true. They made one offer to us, one fight, which for multiple reasons did not comply with the agreement. When we tried to engage them with respect to other fights, they wanted nothing to do with us. They made no offers, had no discussions regarding any other fighters," Zabarauskas said.

User Comments and Feedback (Register For Free To Comment) Comment by GRUSTLER on 01-10-2014

[QUOTE=kali08;14118168]BREAKING NEWS: Golden Boy has the best fighters in the welterweight division.....? LoL Yeah right. Since when? That's why they're even considering Mayweather vs Khan. Come on guys, wake up! I can name a lot of great fights Guerrero can…

Comment by g-wane on 01-09-2014

[QUOTE=way2strong;14115767]do you remember when floyd did this exact same thing when arum wanted him to fight margorito[/QUOTE] It not even remotely the same .. Floyd excepted the fight with Margarito, its the follow up fights he didn't agree with .…

Comment by chepboxingking on 01-09-2014

Man, this sucks for guerrero. I guess GBP were doing some shady shît so I'm glad guerrero is breaking free. U just hope guerrero thought this thru because if he's doing this to chase a pac fight, he'll get it…

Comment by LOWBLOW_CHAMP on 01-09-2014

guerreros ugly grimey ass is scared of Thurman! just let it be known Robert! your ass is never going to get a belt nor star in a movie

Comment by mathed on 01-09-2014

[QUOTE=hougigo;14115704][img]http://img.pandawhale.com/58267-Thats-a-bold-strategy-cotton-Q6He.gif[/img] I still want to know why he wants to leave[/QUOTE] That Pac payday of course. Arum probably approached him and took a look at his contract and advised him how to get out of it. He knows people are…

Post a Comment - View More User Comments (131)
Top Headlines Sosa-Smith Winner is Contractually Bound To Face Fortuna Next Photos: Braehmer, Cleverly - Face To Face at Final Presser David Price Wants Parker or Top Name on Nov. 26, Not Allen Kell Brook Has Surgery - Wants Canelo, Cotto, Khan in 2017 Dennis Ceylan in Toughest Camp Ever For Ryan Walsh Clash Michael Conlan, Donnelly Named in Olympic Betting Judgement Diego Magdaleno vs. Art Hovhannisyan Set For October 7 Parker's Trainer: Dimitrenko is Bigger Challenge Than Haumono Tommy Langford-Sam Sheedy For Vacant British Belt, Oct. 22 Lou DiBella, Gary Shaw Fire Back at Jose Pedraza's Manager Duva: 'Modest Aspirations' For Kovalev-Ward PPV Performance Mayweather Sr: If Pacquiao Lost To Floyd Again, He'd Claim Injury Roach Will Have Pacquiao, Zou Shiming Spar as Bouts Near Parker's Title Prospects Increase as WBO Pressures Tyson Fury David Price vs. David Allen Clash in Play For October 15 Photos: Joseph Parker, Alexander Dimitrenko - Go Face To Face Miguel Cotto Return Targeted For February at Barclays Center Jose Ramirez: Pacquiao is Very Strong, Very Fast in Sparring Cecilia Braekhus Achieves Dream of Headlining on Home Soil Arum Rips: Golden Boy's Flat Fee Offer To Golovkin is Bullsh*t! Video: Bob Arum on Pacquiao Card, Future of PPV, More Estrada's Promoter Expects Chocolatito To Get KO'd in Rematch Photos: Mike Lee, Chris Traietti - Go Face To Face in Chicago Yordenis Ugas Demolishes Bryant Perrella in Four Rounds Magdaleno Confident of Making 122, Feels Donaire Has Aged Video: Pacquiao vs. Vargas Undercard Press Conference Jacobs' Trainer: Danny Not Afraid, He Will Curdle Golovkin's Milk! Donnie Nietes Feels Good at 112, Eyes WBO World Title Shot Ashley Theophane Tops Mayweather Promotions Card on Oct. 8 Photos: Nonito Doniare, Jessie Magdaleno - Go Face To Face Tyson Fury Will Be Back, Getting Help - Says Trainer Peter Fury Braehmer Will Have His Eye on Kovalev vs. Ward Winner Oscar Valdez Vows To Put on a Show on Pacquiao vs. Vargas Vasyl Lomachenko vs. Nicholas Walters Deal in Place, Nov. 26 Humberto Soto Will Now Face Daniel Ruiz on October 1 Danny Garcia's Handlers Tried To Secure Eggington, Says Hearn Jamie Cox Feels He Would Topple DeGale, Jack, Ramirez, De Carolis Photos: Frankie Gavin, Sam Eggington - Face To Face at Presser Klitschko vs. Joshua Getting Close as Both Sides Wait For Rulings Erik Skoglund-Timy Shala WBA Title Clash Rescheduled To Dec. 9
Advertisement

Latest Active Forum Threads
Advertisement
Advertisement