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Memphis AD & Coach Pastner shared same agent; investigation underway
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KnightLight Offline
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Post: #1
Memphis AD & Coach Pastner shared same agent; investigation underway
Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html
(This post was last modified: 03-23-2016 07:08 AM by KnightLight.)
03-23-2016 07:07 AM
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KNIGHTTIME Offline
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Post: #2
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
Such a ridiculous contract. Even after next season it will still be close to $8 million to buy him out. Still a ton of money!!! 4x our tv contract annual value to put it in perspective.

Not Pastner's fault though.
03-23-2016 07:32 AM
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Post: #3
Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Did the president of the university and the board of trustees also share the same agent?
03-23-2016 07:54 AM
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TripleA Offline
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Post: #4
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Since you double posted this, after there was already a thread on it, I will repeat my post from the other thread:

Why is it that every time something potentially negative pops up about any other school, that you are the one who posts it?

This is a non-story, unless something else pops up that hasn't been revealed.

Dan WolkenVerified account
‏@DanWolken
ADs sharing agents with the coaches they hire isn't illegal or unethical or particularly uncommon.

Someone posted elsewhere that Rutgers' AD, and HCs in both FB and BB share the same agent.

When Bowen discovered he and Pastner shared the same agency, he dropped the agency. And they didn't "arrange" Bowen's hiring. They simply represented Bowen when he was selected by a search firm and search committee.

The contract was examined and approved by president Raines and attorney Lipman (now a federal judge). The wording in the contract was the same as for Fuente, Pastner in a previous contract (2009), and Calipari in 2000.

It was a bad contract. Everybody knows that. Beyond that, what else was it? Nothing to see here.
03-23-2016 08:18 AM
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KnightLight Offline
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Post: #5
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 07:54 AM)CalallenStang Wrote:  
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Did the president of the university and the board of trustees also share the same agent?

No clue....but it seemed that no one had the best interest of the University when this Top 10 salaried contract was signed back in 2013.
03-23-2016 08:56 AM
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Post: #6
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 08:56 AM)KnightLight Wrote:  
(03-23-2016 07:54 AM)CalallenStang Wrote:  
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Did the president of the university and the board of trustees also share the same agent?

No clue....but it seemed that no one had the best interest of the University when this Top 10 salaried contract was signed back in 2013.

whatever you say, Nancy Drew...you'll get to the bottom of this!
03-23-2016 08:58 AM
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KnightLight Offline
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Post: #7
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 08:18 AM)TripleA Wrote:  
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Since you double posted this, after there was already a thread on it....

It was a bad contract. Everybody knows that. Beyond that, what else was it? Nothing to see here.

Huh? I looked and didn't see any thread with the headline of this article, which I posted on this board.

Props to the author of this article as it seems that 99% of Memphis fans (100% of others) did not know the agent relationship between the AD and Pastner.

The question now being asked on how/why one of the worst college basketball head coaching contracts of all-time was ever approved...was it because the AD was incompetent or was he influenced by a personal business relationship with said agent?
03-23-2016 08:59 AM
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TripleA Offline
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Post: #8
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 08:59 AM)KnightLight Wrote:  
(03-23-2016 08:18 AM)TripleA Wrote:  
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Since you double posted this, after there was already a thread on it....

It was a bad contract. Everybody knows that. Beyond that, what else was it? Nothing to see here.

Huh? I looked and didn't see any thread with the headline of this article, which I posted on this board.

Really, you didn't know about the other thread? That's odd. You posted in it at 6:30 am today, and then posted your new thread on the same subject at 8:07 am.

Your post in the other thread at 6:30 am:

http://csnbbs.com/thread-775208-post-131...id13133803

Your new thread at 8:07 am:

http://csnbbs.com/thread-775239.html
03-23-2016 09:34 AM
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Post: #9
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 08:59 AM)KnightLight Wrote:  
(03-23-2016 08:18 AM)TripleA Wrote:  
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Since you double posted this, after there was already a thread on it....

It was a bad contract. Everybody knows that. Beyond that, what else was it? Nothing to see here.

Huh? I looked and didn't see any thread with the headline of this article, which I posted on this board.

Props to the author of this article as it seems that 99% of Memphis fans (100% of others) did not know the agent relationship between the AD and Pastner.

The question now being asked on how/why one of the worst college basketball head coaching contracts of all-time was ever approved...was it because the AD was incompetent or was he influenced by a personal business relationship with said agent?
Just so there is no confusion about this:

KnightLight POSTED in the other thread that TripleA referenced at 5:30AM this morning, it merely had a different title........you just thought it necessary to start another thread.

Some posters have character and some are characters. It's pretty easy to tell the difference.
03-23-2016 09:34 AM
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TripleA Offline
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Post: #10
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 08:59 AM)KnightLight Wrote:  The question now being asked on how/why one of the worst college basketball head coaching contracts of all-time was ever approved...was it because the AD was incompetent or was he influenced by a personal business relationship with said agent?

Did you miss the part in the story where Bowen ended the relationship with the agency after he was hired by Memphis?

Are you also aware of this?

Dan Wolken ‎@DanWolken
ADs sharing agents with the coaches they hire isn't illegal or unethical or particularly uncommon.
5:29 PM - 22 Mar 2016

And did you see the post in the thread on the Memphis board, where you also posted, that said Rutgers' AD and both head coaches share the same agent?

Not to mention, the president had to approve it, the attorney had to proof read it, the boosters paying the salary had to approve it, and 3 previous contracts, written before Bowen was hired, had the same wording.
03-23-2016 09:41 AM
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oldtiger Away
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Post: #11
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
Again, just to eliminate confusion, here is the post that KnightLight seemed to forget because the thread had a different title.
(03-23-2016 05:30 AM)KnightLight Wrote:  
(03-22-2016 08:49 PM)TIGERCITY Wrote:  http://www.commercialappeal.com/sports/t...31101.html

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent....

From article above:

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Wow!!!

No one at Memphis caught that relationship/back door dealing at the time?

No clue how Memphis current President/Chancellor could keep Bowen now...as its clearly was his doing and HIS conflict/relationship as to why Pastner got the greatest guaranteed head coach contract of all-time.
03-23-2016 09:41 AM
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Post: #12
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 09:34 AM)TripleA Wrote:  
(03-23-2016 08:59 AM)KnightLight Wrote:  
(03-23-2016 08:18 AM)TripleA Wrote:  
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Since you double posted this, after there was already a thread on it....

It was a bad contract. Everybody knows that. Beyond that, what else was it? Nothing to see here.

Huh? I looked and didn't see any thread with the headline of this article, which I posted on this board.

Really, you didn't know about the other thread? That's odd. You posted in it at 6:30 am today, and then posted your new thread on the same subject at 8:07 am.

Your post in the other thread at 6:30 am:

http://csnbbs.com/thread-775208-post-131...id13133803

Your new thread at 8:07 am:

http://csnbbs.com/thread-775239.html

Haha.. he gets called out for playing dumb, and then disappears. Playing dumb is one thing, but flat out sucking at it is another.
03-23-2016 09:42 AM
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UofMstateU Offline
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Post: #13
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 08:56 AM)KnightLight Wrote:  
(03-23-2016 07:54 AM)CalallenStang Wrote:  
(03-23-2016 07:07 AM)KnightLight Wrote:  Whoops!

Many asked how Pastner ended up with the greatest college basketball coaching contract of all-time (i.e. his entire 6 year, $15 Million deal would be paid in full regardless if he was fired without cause), as this latest report and now an investigation is how everyone at Memphis didn't notice that their AD and Pastner shared the same agent...and how a 3rd party should written up the contract in much more favorable terms for the University.

Memphis AD, coach shared agent; investigation underway

When University of Memphis Athletic Director Tom Bowen negotiated head basketball coach Josh Pastner's now-infamous contract in 2013 on behalf of the school, he needed no introduction to the coach's agent.

Fort Smith, Ark., attorney Joey McCutchen's NextLevel Sports agency represented Bowen while he was athletic director at San Jose State and arranged Bowen's hiring at the U of M in 2012, the athletic director said.


Rest of article is here
http://www.commercialappeal.com/sports/t...31101.html

Did the president of the university and the board of trustees also share the same agent?

No clue....but it seemed that no one had the best interest of the University when this Top 10 salaried contract was signed back in 2013.

Pastner had just gone 31-5, including 16-0 in conference play. While I understand that those results can be completely foreign to a UCF basketball fan, they were impressive numbers where it appeared the team was making very good progress year after year. Enough to where other schools started contacting Pastner. Although it is a bad contract after missing the NCAA for two years in a row, it wasnt necessarily bad at the time based upon the results.
03-23-2016 09:52 AM
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RE: Memphis AD & Coach Pastner shared same agent; investigation underway
So Memphis fans, who do you want for AD and head basketball coach?
03-23-2016 09:58 AM
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Post: #15
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 09:58 AM)Wilkie01 Wrote:  So Memphis fans, who do you want for AD and head basketball coach?

keep the AD, boot the basketball coach.
03-23-2016 10:00 AM
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KnightLight Offline
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RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 09:41 AM)TripleA Wrote:  
(03-23-2016 08:59 AM)KnightLight Wrote:  The question now being asked on how/why one of the worst college basketball head coaching contracts of all-time was ever approved...was it because the AD was incompetent or was he influenced by a personal business relationship with said agent?

Did you miss the part in the story where Bowen ended the relationship with the agency after he was hired by Memphis?

Are you also aware of this?

Dan Wolken ‎@DanWolken
ADs sharing agents with the coaches they hire isn't illegal or unethical or particularly uncommon.
5:29 PM - 22 Mar 2016

The questions seem to be (which I noted above) was the bad contract decision based on incompetence (just being stupid/clueless) or was the Memphis AD influenced by the shared business relationship with same agent?

Again, didn't state it was unethical...question being asked was the AD "influenced", that's all.

People are influenced in decisions they make all the time...that doesn't mean those decisions are unethical or illegal.
03-23-2016 10:11 AM
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KnightLight Offline
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Post: #17
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 09:52 AM)UofMstateU Wrote:  Pastner had just gone 31-5, including 16-0 in conference play. .....Although it is a bad contract after missing the NCAA for two years in a row, it wasnt necessarily bad at the time based upon the results.

Pastner still had a pathetic record vs Top 25 teams at that time...as his teams normally feasted on lesser teams (those ranked mostly between 100-300), let alone a 16-0 record in a one bid league (CUSA).

Some still thought it was strange for Memphis to offer a Top 8 contract in 2013 to a Coach who won a total of just 2 NCAA Tourn games during his then 5 year tenure.

Pastner was 0-12 at that time vs Top 25 AP Teams when that new contract was signed.

Here were the Top 25 AP Poll Games that Pastner had played before receiving his new contract that almost tripled his salary:

11/17/09 L vs. 2 Kansas 57-55 (N)
01/06/10 L vs. 4 Syracuse 74-57 (A)
12/07/10 L vs. 2 Kansas 81-68 (N)
03/18/11 L vs. 23 Arizona 77-75 (N)
11/21/11 L vs. 23 Michigan 73-61 (N)
11/23/11 L vs. 16 Georgetown 91-88 OT (N)
12/17/11 L vs. 14 Louisville 95-87 (A)
12/22/11 L vs. 16 Georgetown 70-59 (A)
03/16/12 L vs. 17 Saint Louis 61-54 (N)
11/22/12 L vs. 20 VCU 78-65 (N)
12/15/12 L vs. 1 Louisville 87-78 (H)
03/23/13 L vs. 9 Mich St. 70-48 (N)
11/19/13 L vs. 5 Ok. State 101-80 (A)

Heck, then UCF Coach Jones at that time already had a Top 5 win and a Top 15 win under his belt.
03-23-2016 10:22 AM
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Post: #18
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 10:11 AM)KnightLight Wrote:  
(03-23-2016 09:41 AM)TripleA Wrote:  
(03-23-2016 08:59 AM)KnightLight Wrote:  The question now being asked on how/why one of the worst college basketball head coaching contracts of all-time was ever approved...was it because the AD was incompetent or was he influenced by a personal business relationship with said agent?

Did you miss the part in the story where Bowen ended the relationship with the agency after he was hired by Memphis?

Are you also aware of this?

Dan Wolken ‎@DanWolken
ADs sharing agents with the coaches they hire isn't illegal or unethical or particularly uncommon.
5:29 PM - 22 Mar 2016

The questions seem to be (which I noted above) was the bad contract decision based on incompetence (just being stupid/clueless) or was the Memphis AD influenced by the shared business relationship with same agent?

Again, didn't state it was unethical...question being asked was the AD "influenced", that's all.

People are influenced in decisions they make all the time...that doesn't mean those decisions are unethical or illegal.

The same or similar terms were in Fuente's contract (before Bowen), in Pastner's contract (2009) before Bowen, and in Calipari's contract (2000), before Bowen. The common denominators were the president and the attorney, not Bowen, so the idea that Bowen being with the same agency (which he ended when he was hired, anyway) caused him to favor Pastner in that contract, is ludicrous.

Plus, you never answered the question about how you didn't know the first thread was up, when you posted in it 90 minutes before you posted a duplicate thread on the subject, with different title wording, of course. More sensational, perhaps?

Give it a rest.
03-23-2016 10:25 AM
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KnightLight Offline
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Post: #19
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
(03-23-2016 10:25 AM)TripleA Wrote:  
(03-23-2016 10:11 AM)KnightLight Wrote:  
(03-23-2016 09:41 AM)TripleA Wrote:  
(03-23-2016 08:59 AM)KnightLight Wrote:  The question now being asked on how/why one of the worst college basketball head coaching contracts of all-time was ever approved...was it because the AD was incompetent or was he influenced by a personal business relationship with said agent?

Did you miss the part in the story where Bowen ended the relationship with the agency after he was hired by Memphis?

Are you also aware of this?

Dan Wolken ‎@DanWolken
ADs sharing agents with the coaches they hire isn't illegal or unethical or particularly uncommon.
5:29 PM - 22 Mar 2016

The questions seem to be (which I noted above) was the bad contract decision based on incompetence (just being stupid/clueless) or was the Memphis AD influenced by the shared business relationship with same agent?

Again, didn't state it was unethical...question being asked was the AD "influenced", that's all.

People are influenced in decisions they make all the time...that doesn't mean those decisions are unethical or illegal.

The same or similar terms were in Fuente's contract (before Bowen), in Pastner's contract (2009) before Bowen......

Believe you are mistaken as this article from Feb clearly noted how Pastner's new contract in 2013 included new language that eliminated mitigation responsibility which ultimately was his golden parachute that all of the 6 years of his $15 Million would have to be paid if fired...let alone it seems that all past contracts that UM had signed in the past didn't include this new language either.

From link below:

Yet, even without such contract language schools can require terminated coaches to mitigate payments under common law practices, said Romano, the New York sports law attorney: "A coach has a common law duty to mitigate those damages.'' In that case, schools simply withhold the amount of the new salary from the payments, he said.

But here's the rub: new language inserted into Pastner's 2013 contract takes away that option, Romano said.

That deal contains two critical words: liquidated damages.

According to the contract, if Pastner is fired without cause, the university will pay his salary monthly "as a contractual obligation'' over the remainder of the agreement, which expires April 6, 2020. The contract language indicates the payments "are fair and reasonable, have been carefully negotiated between the parties, and shall be deemed as liquidated damages'' — a legal term that designates a contractual obligation to pay monetary compensation for a loss.

"Typically, if this clause wasn't in there the coach would have an obligation to mitigate,'' Romano said.


http://www.commercialappeal.com/sports/t...97231.html
03-23-2016 10:43 AM
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JesseTU Offline
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Post: #20
RE: Memphis AD & Coach Pastner shared same agent; investigation underway
This is a potential conflict... but not an actual conflict of interest. Disclosure would have been a prudent move. But I don't see the actual harm:

The agent's interest is to get his client as much money as possible. He did this when he negotiated the ADs contract in 2012, with the University on the other side. He did this again while negotiating for the coach.

The ADs interest is to hire the best possible coach for the least possible money. The stalwart to any agreement is the University President and Board's approval. Neither have any interest in overpaying a coach.

The Coaches interest is to get as much money as possible, and he is paying his agent to achieve this goal by offering a percentage of the take. Opposing this goal is the AD and the school.

In the scenario where the agent represented the AD in the past and the coach presently, he has no conflict of interest because he is not breaching his continuing duty to the AD by pressing for more money for the coach. The agents performance on either front does not harm his other client.

The AD has no conflict because he has no personal gain by overpaying a coach. In fact, he risks his job by doing so.

And the coach certainly has no conflict by retaining an agent to get him as much money as possible. If anything, the coach is most likely to be pressured to take a lesser contract in that the AD and agent had a prior relationship. But no one is saying that happened.

All that said...

Don't most coaches contracts pretend the coach is going to get paid in full if fired without cause? That's the point of the coach having a long term contract and why the general consensus is that it is the schools that get the short end of the stick.
03-23-2016 10:43 AM
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