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Lawsuit As Negotiation

By Big Tent Democrat

It is a time honored tactic in a business negotiation (whether it be a corporate takeover or a contract dispute.) We see it now in a somewhat different context - the negotiations of the potential mega fight between Manny Pacquiao and Floyd Mayweather, Jr. Mayweather appeared to be attempting to leverage his demand for Olympic style drug testing for the proposed fight in order to gain some concessions in the negotiations. Or so it appeared to me. The gist of the tactic was rather remarkable - accuse the Pac Man of being a doper and demand the Olympic drug testing standards be imposed for the one fight between Mayweather and Pac-Man. Strangely enough, the Mayweather camp, which includes Oscar de la Hoya's Golden Boy Productions - represents the fighter Shane Mosely - who has admitted to using steroids. Something about glass houses comes to mind.

In any event, the Pacquiao camp, led by promoter Bob Arum, fired back - with a defamation lawsuit:

There's a fight between Manny Pacquiao and Floyd Mayweather Jr., but it's not in the ring -- at least not yet. Instead, it's in court. Pacquiao filed suit in U.S. District Court in Nevada on Wednesday against Floyd Mayweather Jr., Floyd Mayweather Sr., Roger Mayweather, Mayweather Promotions and Golden Boy Promotions executives Oscar De La Hoya and Richard Schaefer, alleging that they made false and defamatory statements accusing him of taking performance-enhancing drugs.

It could be the final blow that will kill the negotiations for their proposed March 13 HBO PPV super fight at the MGM Grand in Las Vegas, a bout many believe would be the richest fight in boxing history if it takes place.

Of course it was NOT the final blow that "killed" the negotiations. It was in fact, part of the negotiations. Indeed, a mediation is scheduled for today:

Manny Pacquiao and Floyd Mayweather Jr. are going to mediation to try and salvage their March 13 fight. Representatives of the two fighters will meet Tuesday with a California mediator in an effort to reach agreement on blood testing issues that have threatened to derail the fight. The mediation comes after two weeks of talks on the issue.

I doubt the fear of liability is the issue. Rather, the Pacquiao camp felt compelled to vehemently deny the charges made by the Mayweather camp and to attack the Mayweather camp for doing damage to the sport of boxing. It seems to have worked.

To paraphrase Clausewitz, lawsuits are just an extension of negotiation by other means.

Speaking for me only

Full post as published by TalkLeft on January 05, 2010 (boomark / email).