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Sterling will argue privacy, breach of contract in lawsuit vs. NBA

May 31, 2014
INDIANA SPORTS PAGE



Donald Sterling's lawsuit raises five causes of actions and they center on the NBA's use of Sterling's recorded comments to V. Stiviano. Sterling contends the recording was in violation of California privacy law and therefore the NBA cannot use it. There are several obstacles for Sterling in raising such an argument.

First, the NBA was a third party to the recording and California privacy law only contemplates parties to a recording. The league obviously had no role in the creation or distribution of the recording. The NBA's use of the recording, the league would argue, should fall outside the scope of California privacy law. The league would also stress the recording caused massive damage to NBA interests and that the league had a fiduciary duty to combat the damage. From this lens, the NBA swiftly disciplining Sterling constituted a necessary step and was not limited by California law.



Read More: http://sportsillustrated.cnn.com/nba/news/20140531/donald-sterling-nba-legal-strategy-recording-antitrust/#ixzz33Hq0dFAH


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