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Wednesday, March 3, 2010

UD MLB Settle

Here are the non confidential terms.

– Upper Deck will pay MLB Properties more than $2.4 million (the entire amount in dispute) for Upper Deck’s 2009 debts.

– Upper Deck will pay MLB Properties a substantial sum of money for the unlicensed cards it sold in 2010. The specific sum of that payment is confidential.

– Upper Deck has agreed not to issue any additional releases of infringing cards. Last year it issued 15 baseball card releases and there are currently only three infringing releases that are in distribution in 2010.

– Upper Deck agreed it will not make any new sets of cards using MLB logos, uniforms, trade dress, or Club color combinations.

– Upper Deck also agreed it will not airbrush, alter or block MLB marks in future products.

– Upper Deck must receive approval from MLB for the use of baseball jerseys, pants, jackets, caps, helmets or catcher’s equipment in future products featuring players.

Here is my view. Upper Deck and Quinn Emanuel pussed out. Plain and simple. Upper Deck payed QE a shit ton of money and got fucked anyway. I would have represented them for 1/100 of the price and could have got the same result. I sure has hell couldn't have done any worse.

This is what Bullshit Big Law firms like Quinn Emanuel do. They bleed you dry with billable hours and then send you to slaughter. They then tell you how great of a result it was considering what it could have been. As long as you can somewhat justify your actions, you don't give a damn what the result is. I hope that QE advised against accepting this settlement. Maybe they did. If not...

The "win" for UD was that they got to get rid of lots of stickers and worthless pieces of jerseys that they would have been stuck with. Interesting to know what their payment to MLB will be for producing UD Series 1 and 2, Ultimate, and that other product they put out.

Since this article of opinion will show in many Quinn Emanuel employee's news feeds I expect some hate mail. Psst. Come closer guys and gals. We all know you don't care about your clients. You care about a few things: 1. Meeting your billable requirement 1800? 2. Bonus for getting to 2000? 3. Potentially making equity partner. Now be honest.

For those of you that think I don't know what I am talking about, I have been litigating cases for 5 years. I have litigated cases against big firms, I know how they work, I have so much insider knowledge of big firms it is ridiculous.


John said...

I don't think Upper Deck would have won even if they had Perry Mason, Matlock, Johnny Cochran, Pertrocelli, A. Finch, Williams Jennings Bryan, William Bennett, and Peter Angelos.

John said...

It probably is not a coincidence but Topps scooped up USA Baseball exclusive today. Upper Deck is out of business for a while in Baseball

stusigpi said...

So be it if they are out of the BB business, I don't buy much baseball anymore. Bottom line SPX, Documentary etc were plain and utter shit.

Upper Deck should have found out. I think they had a shot, but what would I know.

cynicalbuddha said...

Wonder how much that confidential amount is?? And I totally agree about the pussing out of UD and their lawyers. Wasn't UD strutting around like a peacock on what a great case they had against the MLB? Pussed out again just like with Konami. Makes you wonder how pricy they are going to have to make their new NHL and NFL cards to pay for their fines. and honestly I've tried putting together UD sets and I'm tired of the short prints in the regular set. Variations ok but when I need a card to complete a set and its so rare it's not worth it screw it. I will miss masterpieces though. I'm kinda interested what UD will do next to piss away the rest of their money.

stusigpi said...

In all fairness, Upper Deck was absolutely screwed with konami. They had no defense what so ever.

Alex said...

You do have to wonder what sort of legal advice they were getting all along - first about putting out the unlicensed products, then to settle. I mean they are now paying MLB to not put out products they should never have put out in the first place.

If any good comes out of it, hopefully it means your average worker at Upper Deck doesn't lose their job - the people who have absolutely no say in their shitty and illegal practices. I do hope the heads of the executives, management and PR roll as a result though.

And yes, lawyers in big firms generally only care money and making partner (which means even more money). There are exceptions, though not many.