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.