Camden Depot: Two New Developments In MASN Dispute

[incubus]

Although Camden Depot has done a good job following this story, we know a lot more about what the contract actually says, and the underlying arguments, than Camden Depot knew in March 2014 when this article was written. In the media, the Orioles portrayed the contract as though it required application of the "Bortz formula" in black and white, and that was Camden Depot's assumption in this article. In point of fact, the contract is much more vague than that, referencing only the "established methodology" of the RSDC. MASN says the "established methodology" means the Bortz formula (including a 20% profit margin), and the RSDC says it doesn't. As I've said before, it would have been very easy to write a contract that explicitly referred to the Bortz formula and/or a 20% profit margin. I don't know the history of the negotiations, so I can't comment on why that specific language isn't in there, but I suspect that the two sides couldn't agree on more specific language and left it vague on purpose. Once you've done that, you've basically left it up to the arbitrators to decide what it means, and the courts aren't allowed to second guess their interpretation.

MLB can't legitimately expect MASN to be insolvent, which was what would happen if the Nats had their way at the time of first request. Also, the vague interpretation concerns me. The only established methodology that MLB had/has offered is the Bortz Formula (afaik) so I don't see it as that vague, hopefully a judge won't either. I would like to see both teams have more money to spend though.

[SteveO]

Although Camden Depot has done a good job following this story, we know a lot more about what the contract actually says, and the underlying arguments, than Camden Depot knew in March 2014 when this article was written. In the media, the Orioles portrayed the contract as though it required application of the "Bortz formula" in black and white, and that was Camden Depot's assumption in this article. In point of fact, the contract is much more vague than that, referencing only the "established methodology" of the RSDC. MASN says the "established methodology" means the Bortz formula (including a 20% profit margin), and the RSDC says it doesn't. As I've said before, it would have been very easy to write a contract that explicitly referred to the Bortz formula and/or a 20% profit margin. I don't know the history of the negotiations, so I can't comment on why that specific language isn't in there, but I suspect that the two sides couldn't agree on more specific language and left it vague on purpose. Once you've done that, you've basically left it up to the arbitrators to decide what it means, and the courts aren't allowed to second guess their interpretation.

Been reading about this case and am hardly as knowledgeable about as you but I tend to agree with your assessment of the likely outcomes.

That said I do think that Pete is a brilliant attorney and frankly regardless if he wins or loses this case, he wins in the long term IMO. Personally I think old Pete is giving MLB the old rope-a-dope routine. The harder he is to deal with the more financially willing MLB will be to make him go away when he so chooses. Being a pain in the butt to MLB by utilizing the legal tools you spent a lifetime accumulating is pure genius and MLB's failure to see it coming when they struck the original deal is going to cost them a pretty penny.

Honestly I find it amazing that more people can't find it pretty awing that this guy (PA) has literally managed to grift MLB for a likely 1-2 billion dollar payoff. That's amazing.

[hoosiers]

While the RSDC decision appears reasonable to some, I wonder about all the negotiating that went on after the preliminary decision. In some ways, it appears that the preliminary decision gave MLB the necessary leverage to negotiate a better deal with the Os/MASN - in that respect, I do think there is a conflict of interest. I have a big issue with that.

Also, the RSDC decision to provide MASN with only a 5% profit margin is extremely difficult to accept on the surface - especially relative to prior RSDC profit margin decisions which appear to be based in the 20% neighborhood. It is preposterous to expect that the wise folks who signed that report enter into any substantial investment with that profit target in mind.

[Dipper9]

Those profits should be invested back into the club right?

Not the Peter G Angelos law building on Charles St.?

A) The owner of a team can use his profits however he sees fit.

b) Maybe it's time some of us fastfoward out of the 90's and 2000's and realize that Duquette Era Angelos and the Orioles results are much different.

[Redskins Rick]

A) The owner of a team can use his profits however he sees fit.

b) Maybe it's time some of us fastfoward out of the 90's and 2000's and realize that Duquette Era Angelos and the Orioles results are much different.

I agree, it's clear to most of us in OH, that this isn't the same team as noted, and time to move out of the past and look to the future. Payroll is respectable for this size market.

[TheOrangeBirds]

http://www.baltimoresun.com/sports/orioles/blog/bal-manfred-predicts-masn-dispute-will-end-in-reasonably-short-order-20150204-story.html?track=rss&utm_source=twitterfeed&utm_medium=twitter

Commissioner predicts MASN dispute will end in 'reasonably short order'.

[weams]

http://www.baltimoresun.com/sports/orioles/blog/bal-manfred-predicts-masn-dispute-will-end-in-reasonably-short-order-20150204-story.html?track=rss&utm_source=twitterfeed&utm_medium=twitter

Commissioner predicts MASN dispute will end in 'reasonably short order'.

"Either by the litigation being done or some other mechanism.”

“We think of Baltimore and Washington as separate franchises, separate cities,” Manfred told reporters. “And I don't think having an All-Star Game in one would be a disqualifying or hindering factor for the other.

Dan Connolly

[Number5]

http://www.baltimoresun.com/sports/orioles/blog/bal-manfred-predicts-masn-dispute-will-end-in-reasonably-short-order-20150204-story.html?track=rss&utm_source=twitterfeed&utm_medium=twitter

Commissioner predicts MASN dispute will end in 'reasonably short order'.

Didn't the previous commissioner say that?

[SeaBird]

New MLB commissioner Rob Manfred said Wednesday he views Washington and Baltimore as two “distinct” markets and thus wouldn’t have a problem awarding future All-Star Games to both cities without a gap in time between the two. Selig had previously suggested he preferred not to hold the event twice in the same market in a short period of time.

http://www.csnwashington.com/baseball-washington-nationals/talk/manfred-discusses-nats-orioles-chances-landing-all-star-games

So Manfred does not share Selig's belief that the 2 teams are in the same market.

[xian4]

Does that also mean a total separation of the TV rights ?

[Redskins Rick]

Does that also mean a total separation of the TV rights ?

In my opinion, I dont see how they can settle this, without separating TV rights.

Which in the end, us the viewers are going to get the shaft.

[weams]

In my opinion, I dont see how they can settle this, without separating TV rights.

Which in the end, us the viewers are going to get the shaft.

MLBTV. Roku.

[Redskins Rick]

MLBTV. Roku.

Which cost money, neither are free.

Granted their are options.

But, some of us, feel like we are paying enough for our household cable subscription now.

Of course, getting MASN1 and MASN2 for free has been a blessing.

[Frobby]

Which cost money, neither are free.

Granted their are options.

But, some of us, feel like we are paying enough for our household cable subscription now.

Of course, getting MASN1 and MASN2 for free has been a blessing.

I'm pretty sure my wife would cut the cable cord if I could find another way to watch Oriole games.

[SeaBird]

MLBTV. Roku.

I haven't seen anything on MLB lifting blackout restrictions yet. So MLB.TV and Roku won't be of any use to viewers who live in the Orioles broadcast territory until that changes.