Archive for July, 2009

Michael Jackson

Monday, July 6th, 2009

LAST WILL OF MICHAEL JOSEPH JACKSON

　　I, MICHAEL JOSEPH JACKSON, a resident of the State of California, declare this to be my last Will, and do hereby revoke all former wills and codicils made by me.

　　I

　　I declare that I am not married. My marriage to DEBORAH JEAN ROWE JACKSON has been dissolved. I have three children now living, PRINCE MICHAELJACKSON, JR., PARIS MICHAELKATHERINEJACKSON and PRINCE MICHAEL JOSEPHJACKSON,IT.I have no other children，living or deceased.

　　II

　　It is my intention by this Will to dispose of all property which I am entitled to Dispose of by will. I specifically refrain from exercising all powers of appointment that I may possess at the time of my death.

　　III

　　I give my entire estate to the Trustee or Trustees then acting under that certain Amended and Restated Declaration of Trust executed on March 22, 2002 by me as Trustee and Trustor which is called the MICHAEL JACKSON FAMILY TRUST, giving effect to any amendments thereto made prior to my death. All such assets shall be held, managed and distributed as a part of said Trust according to its terms and not as a separate testamentary trust.

　　If for any reason this gift is not operative or is invalid, or if the aforesaid Trust fails or has been revoked, I give my residuary estate to the Trustee or Trustees named to act in the MICHAEL JACKSON FAMILY TRUST, as Amended and Restated on March 22,2002, and I direct said Trustee or Trustees to divide, administer, hold and distribute the trust estate pursuant to the provisions of said Trust, as hereinabove referred to as such provisions now exist to the same extent and in the same manner as though that certain Amended and Restated Declaration of Trust, were herein set forth in full, but without giving effect to any subsequent amendments after the date of this Will. The Trustee, Trustees, or any successor Trustee named in such Trust Agreement shall serve without bond.

　　IV

　　I direct that all federal estate taxes and state inheritance or succession taxes payable upon or resulting from or by reason of my death (herein “Death Taxes”) attributable to property which is part of the trust estate of the MICHAEL JACKSON FAMILY TRUST, including property which passes to said trust from my probate estate shall be paid by the Trustee of said trust in accordance with its terms. Death Taxes attributable to property passing outside this Will, other than property constituting the trust estate of the trust intentioned in the preceding sentence, shall be charged against the taker of said property.

　　V

　　I appoint JOHN BRANCA, JOHN McCLAIN and BARRY SlliGEL as co-Executors of this Will. In the event of any of their deaths, resignations, inability, failure or refusal to serve or continue to serve as a co-Executor, the other shall serve and no replacement need be named. The co-Executors serving at any time after my death may name one or more replacements to serve in the event that none of the three named individuals is willing or able to serve at anytime.

　　The term “my executors” as used in this Will shall include any duly acting personal representative or representatives of my estate. No individual acting as such need post a bond.

　　I hereby give to my Executors, full power and authority at any time or times to sell, lease, mortgage, pledge, exchange or otherwise dispose of the property, whether real or, personal comprising my estate, upon such terms as my Executors shall deem best, to continue any business enterprises, to purchase assets from my estate, to continue in force and pay insurance premiums on any insurance policy, including life insurance, owned by my estate, and for any of the foregoing purposes to make, execute and deliver any and all deeds, contracts, mortgages, bills of sale or other instruments necessary or desirable therefor. In addition, I give to my Executors full power to invest and reinvest the estate funds and assets in any kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind and stocks, preferred or common, and interests in investment trusts and shares in investment companies, and any common trust fund administered by any corporate executor hereunder, which men of prudent discretion and intelligence acquire for their own account.

　　VI

　　Except as otherwise provided in this Will or in the Trust referred to in Article III hereof, I have intentionally omitted to provide for my heirs. I have intentionally omitted to provide for my former wife, DEBORAH JEAN ROWE JACKSON.

　　Ⅶ

　　If at the time of my death I own or have an interest in property located outside of the State of California requiring ancillary administration, I appoint my domiciliary Executors as ancillary Executors for such property. I give to said domiciliary Executors the following additional powers, rights and privileges to be exercised in their sole and absolute discretion, with reference to such property: to cause such ancillary administration to be commenced, carried on and completed; to determine what assets, if any, are to be sold by the ancillary Executors; to pay directly or to advance funds from the California estate to the ancillary Executors for the payment of all claims, taxes, costs and administration expenses, including compensation of the ancillary Executors and attorneys’ fees incurred by reason of the ownership of such property and by such ancillary administration; and upon completion of such ancillary administration, I authorize and direct the ancillary Executors to distribute, transfer and deliver the residue of such property to the domiciliary Executors herein, to be distributed by them under the terms of this Will, it being my intention that my entire estate shall be administered as a unit and that my domiciliary Executors shall supervise and control, so far as permissible by local law, any ancillary administration proceedings deemed necessary in the settlement of my estate.

　　Ⅷ

　　If any of my children are minors at the time of my death, I nominate my mother, KATHERINE JACKSON as guardian of the persons and estates of such minor children. If KATHERINE JACKSON fails to survive me, or is unable or unwilling to act as guardian, I nominate DIANA ROSS as guardian of the persons and estates of such minor children.

　　I subscribe my name to this Will this 7 day of July, 2002

　　MICHAEL JOSEPH JACKSON

　　On the date written below, MICHAELJOSEPH JACKSON, declared to us, the undersigned, that the foregoing instrument consisting of five (5) pages, including the page signed by us as witnesses, was his Will and requested us to act as witnesses to it. He thereupon signed this Will in our presence, all of us being present at the same time. We now, at his request, in his presence and in the presence of each other, subscribe our names as witnesses.

　　Each of us is now more than eighteen(18) years of age and a competent witness and resides at the address set forth after his name.

　　Each of us is acquainted with MICHAEL JOSEPH JACKSON. At this time, he is over the age of eighteen(18) years and, to the best of our knowledge, he is of sound mind and is not acting under duress, menace, fraud, misrepresentation or undue influence.

　　We declare under penalty of perjury that the foregoing is true and correct.

　　Executed on July 7th, 2002 at 5:00pm, Los Angeles

The document, signed by Mr. Jackson and dated July 7, 2002, was filed in Los Angeles Superior Court Wednesday morning. But the terms of the Michael Jackson Family Trust haven’t been made public. It isn’t clear if or when they will be.

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Court takes case over licensing of NFL apparel

Wednesday, July 1st, 2009

WASHINGTON (AP)—In taking a case involving the National Football League’s exclusive licensing deal for sports merchandise, the Supreme Court could go beyond caps and give leagues more leeway in areas such as team relocation, legal scholars said Monday.

“A broad ruling in favor of the NFL could rewrite almost all of sports antitrust law,” said Gabe Feldman, associate law professor and director of the Sports Law Program at Tulane University in New Orleans.

The court will hear an appeal from American Needle Inc., of Buffalo Grove, Ill., which filed an antitrust challenge to an agreement the NFL struck with Reebok International Ltd. American Needle had been one of many firms that manufactured NFL headwear until the league granted an exclusive contract to Reebok in 2001.

The NFL won the case in the federal appeals court in Chicago. But it also asked the Supreme Court to hear the case in a quest for a more sweeping decision that could put an end to what the league considers costly, frivolous antitrust lawsuits.

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The court decided to take the case against the advice of the U.S. Solicitor General’s office.

The central question is whether the league is essentially a “single entity” that can act collectively, as the NFL argues, or 32 distinct businesses that must be careful about running afoul of antitrust laws.

Matt Mitten, a law professor and director of the National Sports Law Institute at Marquette University in Milwaukee, called the court’s decision to take the case significant.

“This will be the first time the Supreme Court will consider the merits of the single entity defense,” he said, adding that a favorable court decision could give the league “a lot more room not to have to fear suits” on issues such as relocation and ownership requirements.

In a statement, NFL spokesman Greg Aiello said the league looked forward to explaining why the court should extend, on a national basis, favorable appeals court rulings on how antitrust laws apply “to the unique structure of a sports league.”

American Needle did not respond to telephone messages Monday.

Other than Major League Baseball, which has an antitrust exemption dating to a 1922 Supreme Court decision, the other sports leagues have an intense interest in the case. The National Basketball Association and the National Hockey League both asked the court to rule in favor of the NFL.

“We look forward to the Supreme Court finally resolving what has become an oft-litigated, contentious issue in litigation involving professional sports leagues,” said NHL Deputy Commissioner Bill Daly in a statement.

The NBA declined to comment.

Daniel C. Glazer, a lawyer at the New York-based law firm Patterson Belknap Webb & Tyler, said an NFL victory on the single entity issue would represent a significant change.

“Certain business activities of the NFL would not be subject to antitrust review by the government, and thus be exempt from potential government intervention and oversight,” said Glazer, who has expertise in intellectual property and sports.

Stephen Ross, director of the Penn State Institute for Sports Law, Policy and Research, said he found the court’s decision to take the case “deeply disturbing.”

“This case did not need to be heard by the court unless it had a broad plan from withdrawing the pro-consumer protections of the antitrust laws to sports fans,” said Ross, a former lawyer for the Federal Trade Commission and the Justice Department’s antitrust division.

But Mitten, the Marquette professor, said he wouldn’t make any assumptions about what the court would do based on its acceptance of the case.

Reebok was acquired by Adidas AG in 2006 in a $3.8 billion deal that helped the German company expand in the United States.

The case will be argued late this year or early in 2010.

The case is American Needle v. National Football League, 08-661

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Virgin Islands clears NFL player in land dispute

Wednesday, July 1st, 2009

CHARLOTTE AMALIE, U.S. Virgin Islands (AP)—Miami Dolphins defensive end Jason Taylor and two partners were cleared Tuesday in a civil suit of reneging on a deal to buy a private island with sandy shoals and wind-swept grasses.

Taylor, who recently signed a $1.5 million, one-year contract to return to the Dolphins, and the partners were accused in the suit of breach of contract in 2004 to purchase Great St. James island, off St. Thomas’ east end.

The partners contended the seller misrepresented several aspects of deal, such as public beach access, so they were entitled not to go through with it.

Taylor told reporters he was pleased with the jury’s decision. “I’ve been coming here for 10, 12 years—and they’ve given me a reason to keep coming back here to enjoy it,” he said, flashing a grin.

The jury also ruled that Taylor and his partners did not misrepresent terms of the deal to seller Christian Kjaer, who argued the trio broke the contract because they could not come up with $23.5 million needed for the closing.

Taylor played his first 11 NFL seasons with Miami before being traded a year ago to the Washington Redskins. He was released by Washington in March after one injury-filled season.

The 34-year-old will make $1.1 million in base salary and $400,000 in easy to reach incentives.

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Bruschi hasn’t decided future beyond 2009 (NFL NEWS)

Wednesday, July 1st, 2009

FOXBOROUGH, Mass. (AP)—There were 67 young Tedy Bruschis playing football on the New England Patriots field on Tuesday.

And one 36-year-old Bruschi who may be doing that just one more season.

The boys and girls, aged 7 to 14, all were wearing dark-blue Patriots jerseys with Bruschi’s name and number 54 on them, given as part of the linebacker’s one-day football camp at Gillette Stadium.

Bruschi spent less time on that field in 2008 than in recent seasons, often coming out on third down. His 14th NFL season may not be much different. Will there be a 15th? He’s not even thinking about that.

“After you get past 10 (NFL seasons) I think that’s the way you have to do it because you never know what’s going to happen within a year. You just don’t,” he said. “So when the season’s over, you sort of reassess things and that’s how it’s going to go again.”

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His career has been full of surprises: he’s spent it all with one team and missed just seven games in 2005 after a stroke early that year. Then came the unexpected trade of longtime linebacking teammate and friend Mike Vrabel to Kansas City in February.

Bruschi’s numbers were down in 2008.

His 75 tackles were his second fewest in six seasons, more than just the 65 he had when he played nine games in 2005 after his stroke. He had no sacks for the first time in his 13 seasons. And he missed the last three games with a knee injury.

But he appears healthy now.

Bruschi ran among the five stations set up Tuesday to provide instruction in tackling, running, catching, kicking and throwing. Four teammates—linebacker Jerod Mayo, special teams player Ray Ventrone, tight end David Thomas, kicker Stephen Gostkowski—and former Patriots quarterback Scott Zolak each handled one station.

“Nice hit,” a smiling Bruschi shouted after one boy leveled a yellow tackling bag. “What’s your name? Zach? Nice hit.”

Then they shook hands.

Bruschi held the camp for the second straight year on behalf of Savings Bank Life Insurance for which he is a spokesman.

“It’s a very intense camp. It’s not just standing around taking pictures,” said Bob Sheridan, chief executive officer of SBLI. Bruschi’s stroke “is very reinforcing when he says life is unpredictable and uncertain.”

Bruschi began playing football at age 14 and attended his first camp at 16 or 17 in Klamath Falls, Ore.

He doesn’t know when he’ll stop or what he’ll do then. But his organized approach Tuesday showed some coaching skills. He set up the camp without help from his current coach, Bill Belichick.

“I’ve had this going on in my head for a while,” Bruschi said. “I mapped out the field where the stations will be, how the guys will teach their fundamentals. It’s a little Belichikian because I’ve been trying to keep it organized and you heard me talking to the kids about getting better and doing their job.”

Those are two of Belichick’s key points—get better each day and handle your duties.

“I know I can coach,” Bruschi said. “I know the game. I’ve been in it so long, it’s just going to be a matter of what I do when I’m done (playing). So I don’t know. It’s a passion of mine. I love football. I know I want to be in it. Let’s just see what I’ll be doing.”

On Tuesday he was running, smiling, shouting encouragement and slapping hands with campers.

“Do it the way coach Mayo showed you,” he told one of them.

His son Rex was another. Tedy was impressed when he belted the tackling bag to the turf.

“That’s like what you do to me all the time at home,” the oldest Bruschi on the field said with a grin.

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Stafford, Sanchez helping each other prep for NFL

Wednesday, July 1st, 2009

PALM BEACH GARDENS, Fla. (AP)—Matthew Stafford and Mark Sanchez are set to become rich beyond comprehension long before throwing their first official NFL pass.

The quarterbacks will be anointed as saviors—Stafford for a Detroit team that went winless in 2008, and Sanchez for a New York Jets club that hasn’t tasted the Super Bowl in 40 years.

The accompanying pressure can be overwhelming.

So Stafford and Sanchez often find themselves seeking someone who understands their situation. They call each other.

Already linked as the top two quarterbacks in this year’s draft, Stafford and Sanchez have forged a separate bond. They go back and forth as a sounding board for the other while attempting to turn potential into performance.

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“We’re just learning, playing football,” said Stafford, the No. 1 overall pick who went off the board four slots ahead of Sanchez. “Obviously, during the season, you want to win football games. That’s the No. 1 priority. But at this point, we’re just trying to learn and give ourselves a chance to be competitive during training camp and get a chance to get on the field.”

The friendship started last summer, when they were counselors at the same camp for elite high school quarterbacks. They’ve kept in contact regularly since, talking about practically every imaginable topic.

On Tuesday, at the NFL rookie symposium, they were on the same field together—throwing footballs around with dozens of kids brought in to interact with the game’s newest professionals. But in down moments during this mandatory event for first-year NFL players—which offers education on how to handle subjects like personal conduct, finances and security—the two young quarterbacks tend to huddle together.

“We talk so much about how’s the playbook coming, what are the guys like in the locker room, have they treated you OK,” Sanchez said. “Both of our situations have been very similar. Obviously, we’re in different markets, but you’re a rookie quarterback, you just signed your contract, you and your family are financially secure. There’s a dynamic to that. It means a lot to be able to talk to someone.”

The biggest lesson many of the rookies took from the symposium, Stafford included, was that they’ll have to say “no” a lot—especially when it comes to people asking for money, gifts or favors from the new millionaires.

“I’ve had to do it for a while,” said Stafford, who spent most of last season at Georgia being touted as the possible No. 1 pick.

Of course, neither Stafford nor Sanchez is all that removed from being a kid, either, so they fit right in with the high schoolers.

“All about the kids, today,” said Sanchez, who posed for photos, signed countless autographs on the backs of T-shirts and has been known to keep a Sharpie marker on his keychain in case the mood strikes to scrawl his name. “All about the kids.”

Sanchez, who starred at USC, is already a huge name in the massive market that is New York. He’s gotten to meet Tiger Woods and Derek Jeter, both of whom offered their advice on how to handle all the attention that he’ll draw playing in the Big Apple.

“You’ve got to be smart,” Sanchez said. “You’ve got to protect yourself and protect your team.”

Stafford hasn’t quite commanded that sort of Woods-and-Jeter attention, even though he was the top pick.

Even on Tuesday, when they walked onto the converted flag-football field— it’s typically a driving range at the PGA National compound—within moments of one another, cameras and heads started turning quickly toward Sanchez. Stafford, meanwhile, seemed almost invisible by comparison, and didn’t mind that whatsoever.

“We’re both pretty similar, easy-going guys,” Stafford said. “Pressure really doesn’t get to us too much. We just talk about how much fun it is to be living the dream.”

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Vick bankruptcy plan offers more to creditors (NFL NEWS)

Wednesday, July 1st, 2009

NORFOLK, Va. (AP)—Michael Vick’s revised bankruptcy plan would funnel more of his future pay to his creditors and ensure that they receive a portion of his earnings even if the suspended NFL star doesn’t return to the league.

Vick attorney Paul Campsen outlined the highlights of the new plan, which was still being drafted, at a status hearing Tuesday. Campsen assured U.S. Bankruptcy Judge Frank J. Santoro that he will have no trouble filing the document by Thursday’s deadline.

Santoro in April rejected Vick’s first Chapter 11 plan, saying it was not feasible. Among his concerns was that the plan depended heavily on Vick returning to the NFL and that Vick was trying to hang on to too many assets. His first bankruptcy plan would have allowed him to keep the first $750,000 of his annual salary, and Vick also intended to keep two houses and several cars.

Under the new plan, 10 percent of the first $750,000 Vick earns would go to creditors, and he’s agreed to liquidate a house under construction in Virginia. If Vick doesn’t return to the NFL, the new plan would give creditors a portion of whatever he earns from a lower paying job.

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His prospects for playing again in the NFL rest with league commissioner Roger Goodell, who has said he will review the matter after Vick completes his 23-month federal sentence for operating a dogfighting ring.

Vick, who is serving the last two months of his sentence on home confinement in Hampton, is scheduled to be released from federal custody July 20. He did not attend the hearing, which came a day after he began a new job with the Boys and Girls Clubs. He had been earning $10 an hour in a construction job since leaving the federal penitentiary in Leavenworth, Kan., in May.

Steven S. Kast, chief executive officer of the Boys and Girls Clubs of the Virginia Peninsula, said Vick will work with children in health and fitness programs for a few weeks.

“We were disappointed by some of his recent actions and decisions, but believe he has learned from these experiences, and is now conscious of his obligations and responsibilities as a prominent sports figure that impacts and influences our kids,” Kast said in a written statement.

Vick’s legal troubles wrecked his finances as well as his reputation. Once the NFL’s highest-paid player, Vick filed for Chapter 11 bankruptcy protection in July 2008, listing assets of $16 million and liabilities of $20.4 million.

Under the bankruptcy plan, creditors would get a percentage of any income above $750,000 per year, and their cut has increased under the revisions. The sliding-scale percentages would be increased as follows:

— $750,000 to $2.5 million in earnings, from 20 percent under the old plan to 25 percent under the new one.

— $2.5 million to $10 million, from 25 percent to 30 percent.

— Over $10 million, from 33 percent to 40 percent.

Ross Reeves, attorney for a committee representing Vick’s unsecured creditors, said the committee supports the plan.

“The committee’s view has been that these numbers are based on Mr. Vick being highly incentivized not only to re-enter the NFL but to stick with it,” Reeves said.

Campsen said Vick also will liquidate his $2 million home under construction in Suffolk. Santoro suggested in April that Vick sell one of his two Virginia homes. The Hampton home is assessed at $748,100, according to city tax records.

The revised plan also will settle a dispute between Vick and his former agent, Joel Enterprises Inc. Joel won a $4.6 million judgment against Vick in a breach of contract case and had been fighting to collect before the former Atlanta Falcons quarterback’s unsecured creditors are paid. Campsen said Joel will now get $6 million but will be treated as an unsecured creditor, getting paid a little at a time.

Santoro also approved the sale of two bass boats and three larger fishing boats owned by Vick.

A confirmation hearing on Vick’s new plan is tentatively scheduled for Aug. 27.

AP Sports Writer Hank Kurz Jr. in Richmond contributed to this report.

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Stallworth’s 911 call released in Fla. DUI crash

Wednesday, July 1st, 2009

MIAMI (AP)—Cleveland Browns wide receiver Donte’ Stallworth said on a 911 call that the man he struck with his car while driving drunk “came out of nowhere” before the crash.

Stallworth is serving a 30-day jail sentence after pleading guilty to DUI manslaughter in the March 14 death of 59-year-old Mario Reyes. Stallworth also reached an undisclosed financial settlement with Reyes’ family.

Stallworth has also been suspended indefinitely by the NFL. Attorney David Cornwell, who is representing Stallworth in that matter, released a statement Tuesday after the Miami Herald reported on its Web site, citing unidentified sources, that the receiver tested positive for marijuana after the accident.

Cornwell stated any facts surrounding the case that might soon become public were fully known by law enforcement officers, prosecutors, defense attorneys and the judge when the plea agreement was reached.

Those facts could include the presence of marijuana in Stallworth’s blood, according to the lawyer’s statement. An individual can test positive for marijuana weeks after its use, meaning its presence in Stallworth’s blood doesn’t necessarily mean he was under the influence at the time of the accident.

While the marijuana hasn’t appeared to play a role in Stallworth’s criminal case, it could affect his standing with the NFL and its drug policies.

“The NFL’s substance abuse policy addresses the specific discipline that may be imposed for use of illegal substances,” Cornwell said in his statement. “We are confident that Commissioner (Roger) Goodell will respect existing league polices and consider all of the evidence when making his disciplinary assessment.”

On the 911 call released Monday, Stallworth describes how the victim “just ran in front of my car” before he was struck. Police have said Reyes was not in a crosswalk and was rushing to catch a bus when he was hit.

“You got to send an ambulance right now, man,” Stallworth told the 911 operator.

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