Advertisement
Advertisement

Top Rank's Letter Outlines Dispute of Donaire's Claims

By Ronnie Nathanielsz

Top Rank promoter Bob Arum’s top notch, lawyer Daniel Petrocelli, has debunked the claims of WBC/WBO bantamweight champion Nonito “The Filipino Flash” Donaire that Top Rank was guilty of a breach of contract that precipitated Donaire’s decision to sign up with arch rivals Golden Boy Promotions.

In a letter to Donaire’s lawyer and former Nevada State Athletic Commission chairman, Atty. John Bailey, Petrocelli asserted that the June 26, 2008 promotional agreement between Donaire and Top Rank “ is binding and fully enforceable. Mr. Donaire has no good-faith basis to contend otherwise.”

Petrocelli pointed out that the assertion that Top Rank breached Section 3 of the Agreement was “demonstrably wrong.”

The agreement stipulated that  "during each year of this Agreement, Promoter shall offer to Fighter the right to participate in a minimum of three (3) bouts."

Petrocelli claimed that during the first full year of the June 2008 Agreement, Donaire was “offered and participated in bouts-against Moruti Mthalane , Raul Martinez, Rafael Concepcion, and Manuel Vargas. In the second full year of the June 2008 Agreement, Donaire already participated in three bouts-against Herman Marquez, Volodymyr Sydorenko and Fernando Montiel. Furthermore, Top Rank has made Donaire numerous additional offers to fight including, among others, a bout in Mexico in May 2010, a bout in New York in June 2010. After Mr. Donaire's most recent bout, Top Rank began discussions with concerning a bout in May 2011.”

Petrocelli debunked Bailey’s claim that Top Rank offered Mr. Donaire "only two fights" in each of the first two years of the agreement based on the premise that "the first year" of the Agreement ran from "June 26, 2008 thru June 25, 2009" and the "second year" ran from "June 26, 2009, thru June 25, 2010."

Top Rank’s lawyer noted that the claim was incorrect since Donaire “broke a bone in his left hand during his November 1, 2008 bout against Mthalane, the first bout under the June 2008 agreement."

He said the Nevada Athletic Commission placed  Donaire on “medical suspension to allow the hand to heal.” He also pointed out that Donaire “broke a bone in his hand” in his clash with Rafael Concepcion on August 15, 2009 and that the NSAC once again placed Donaire on medical suspension to allow the hand to heal.

Donaire did not fight again until his demolition of Manuel "Chango" Vargas on February 13, 2010 after which he blasted Hernan Marquez on July 10, 2010 followed by his 4th round demolition of Wladimir Sidorenko last December . In his last fight Donaire scored a spectacular 2nd round knockout of WBC/WBO champion Fernando “KO-Chulito” Montiel in Las Vegas on February 13,2010.

Top Rank noted that Donaire was “injured and on medical suspension for more than 300 days during the "first year" of the promotional contract even as Petrocelli stated that Section 12 of the June 2008 Agreement makes clear that the "Term of this Agreement" and "the obligations of ... Promoter relating to bouts set forth in Section[] 3 ... shall automatically be extended" for the period when a "bout scheduled to be promoted [is] postponed for any reason."

Petrocelli told Bailey that as a former Commissioner, he knew that Top Rank was not permitted to promote a bout involving Donaire during his medical suspension and that as a consequence  the "first year" of Mr. Donaire's contract is not "June 26, 2008 thru June 25,2009." Rather, the "first year" under the June 2008 Agreement ran from June 26, 2008 through approximately June 9, 2010. As mentioned, Mr. Donaire was offered and fought in four bouts during that year. The "second year" under the June 2008 agreement is not "June 26,2009 thru June 25, 2010," but commenced on or around June 10,2010 and continues through June 9, 2011, barring further injuries or postponements. “

It was also stated that Donaire has already been offered and participated in three bouts during this period.

Top Rank said that until they received a letter from Bailey on March 4, they had discussed with representatives of Donaire the possibility of a May 28 fight which would be a fourth bout during the second year of the contract.

Petrocelli also noted that after Donaire defeated Heman Marquez in July 2010, Top Rank proposed a Two-Bout Agreement under which he would fight opponents in late 2010 and early 2011.

Donaire, at that time notified Top Rank that he believed he had not been offered a sufficient number of fights in prior years and suggested that Top Rank "increase the purses" being offered "to make up for the shortfall for the loss of two fights over the last 2 years."

Although Top Rank disagreed with Donaire's contention they accommodated him in an effort to resolve any dispute and increased the total purse by $75,000 which Donaire accepted.

Arum told BoxingScene.com/Inquirer “Somebody is going to pay for this” while Petrocelli warned that if Donaire “continues to repudiate or deny his contractual obligations, Top Rank will pursue all legal redress against him and any others who infringe Top Rank's contractual and other rights.”

User Comments and Feedback (Register For Free To Comment) Comment by Lorily on 03-19-2011

[quote=Russian Crushin;10251933]I agree, why would he just sign right now if it expires soon.[/quote] That's just it, his contract [U]wasn't[/U] due to expire soon (according to TR)- and Bob has been hollering this for some time now... The contract (as…

Comment by sNiTcH on 03-19-2011

this is not good for donaire. They should have stayed with top rank for the meantime. A very bad move. He just started to enter the peak of his career.

Comment by romeom on 03-19-2011

I think it is immaterial really whether which reasoning is LEGALLY binding. This is what happens if a woman and lawyers are involved. After the Donaire win over Montiel , Rachel got overexcited and probably was blinded by the prospect…

Comment by komandante on 03-19-2011

Except Montiel, the point is what type of opposition did Top Rank engaged to Donaire. After that destroying of Darchinyan they gave no good opposition at all to the point that they almost destroyed the career of Donaire.:boxing:

Comment by Pullcounter on 03-18-2011

[QUOTE=v.cassiusali@ya;10254240]clearly, donaire has a point here. so top rank should let go of him because he is not satisfied the way he is handled by top rank... good luck nonito...[/QUOTE] top rank won't let him go... they still have a…

Post a Comment/View More User Comments (65)
Top Headlines Bob Arum: I Don't Ever Want To Retire! Why Would I? Robert Garcia Hopes Brother Mikey is Back in First Half of 2016 Tarver's Suspension Upheld, Fined $50K For Positive PED Test Lucas Matthysse-Pablo Cesar Cano Showdown in Talks Bob Arum Continues To Be The Master of Salesmanship Pungluang Sor Singyu Defends WBO Belt Against Pabustan Luis Ortiz Hopes Activity Level Doesn't Slow Down Anytime Soon Chavez Jr. Training Hard For Possible Jack Bout, Says Garcia Lebedev Will Go With Ramirez Unification First, Then Mandatory Mike Tyson Returns For Round 2 at The MGM Grand Antonio Orozco-Miguel Acosta Set For 3/25 at Fantasy Springs David Haye Tells Joshua Not To Risk His '0' Before They Fight McGuigan Believes Frampton vs. Quigg is a Crossover Fight Flanagan-Mathews: Zolani Tete To Face Jose Santos Gonzalez Sullivan Barrera: My Goal is To Knock Andre Ward Out! Blackwell-Eubank Jr. Set For March 26 At Wembley Garcia: Canelo vs. Khan is Going To Be a Pretty Close Fight Ricky Hatton Discusses Several Emotional Topics on Life, Career Loeffler: We Expect Canelo To Defend Against Golovkin Video: Robert Garcia on Brandon Rios, Canelo-Khan, More Sauerland: Abraham Win Could Make Groves Bout Much Bigger Theophane: Mayweather Will Advise Me on How To Beat Broner Golovkin Keeps The Line Moving in Supremacy Quest at 160 Boxing Priest Makes Boxing Comeback After 20 Years Arum Spoke To HBO About Making Golovkin vs. Ramirez Jorge Linares Injury Puts Zlaticanin Title Fight In Jeopardy Omar Narvaez To Face Jesus Vargas on February 19th Roach Says Gomez, Ramirez on Board To Help Manny Pacquiao Roy Jones Jr. Rejects Retirement Talk, Return is Not Ruled Out Dmitry Kudryashov is Now Training With Joe Goossen Gonzalez, Negrete, Delgado, Gramajo on LA Fight Club, March 4 Loeffler on Working With Haymon Side To Finalize Golovkin-Wade Ward: Barrera Not Stronger, Hasn't Seen This Speed, Conditioning Cletus Seldin Returns To Action on March 5th in Long Island Browne Gets Advice From Larry Holmes For Chagaev Bout Photos: Manny Pacquiao-Timothy Bradley 3 Undercard Presser 50 Cent Erupts, Rips Apart Ungrateful "Sh*thead" Billy Dib Luis Ortiz-Tony Thompson Undercard Information Golovkin-Canelo: Jerry Jones Wants Bout at AT&T Stadium Sanchez Will Have Barrera Ready For Andre Ward's Clinching
Advertisement

Latest Active Forum Threads
Advertisement
Advertisement