Russian Sabre Rattling

On Monday, I blogged that the end of Affliction's MMA venture could be the beginning of its legal battles.   It seems I am not the only one who feels that way.

Today, as reported by MMAJunkie.com, came this quote from one of Fedor Emelianenko's representatives:

 "We're exploring all options at the time, legally with regard to Affliction and what we perceived took place," Steve Bash, M-1 USA vice president of legal affairs, said. "I can promise you and promise Affliction, if something was done wrong, someone will be held responsible."

If the reports are true that the revered Russian is going to sign with the UFC, Fedor was likely one of the least damaged fighters associated with the ill-fated Affliction card.  And, even if that falls through, when you're the world's best heavyweight, it's safe to say that someone will pay you to fight on TV.  Other Affliction fighters including Renato "Babalu" Sobral, Gegard Mousasi, and now Jay Hieron, have also found a home with StrikeForceVitor Belfort is going back to Brazil.  But, there's still more than a dozen fighters left out in the cold.  

Rumors are floating around about what compensation fighters might receive, ranging from full salaries to t-shirt deals, but it certainly seems to be in Affliction's best interests to satisfy the fighters.   It would not only prevent litigation, it would also give the company some much needed goodwill as it gets back into promoting the UFC.   If Brock Lesnar can take an in-ring shot at Bud Light, who knows what a scorned fighter might do to Affliction?

Legal Implications of Canceled "Affliction: Trilogy" Card

Earlier this morning, Affliction called off its upcoming Pay-Per-View in the wake of losing half the main event when Josh Barnett tested positive for steroids.    I have not seen a copy of Affliction's fighter contracts (I would love to if anyone has access to them), but I see two significant issues that could arise.

1. How much hot water is Josh Barnett in?  Assuming the California State Athletic Commission's test is accurate, Barnett's wrongful conduct sank this event (and possibly the company).  If he breached his contract, he could potentially be on the hook for all of the money Affliction lost promoting the event.   

2. What does the cancellation mean for Fedor Emelianenko and the other Affliction fighters?  It is well-known that Trilogy was to be the last fight in Fedor's three-fight deal with Affliction.  Can he now escape his contract since the event was called off?  His contract likely says otherwise, but Fedor can make a compelling case.  He was ready to go.  And, according to CagePotato.com, Fedor said he would fight anyone Affliction put in as a replacement for Barnett.  Nonetheless, Affliction canceled the event.  If Affliction contends that it still has Fedor under contract, do those rights extend indefinitely?  If Trilogy never happens, will the MMA world forever be deprived of Fedor-Lesnar?

It seems as if it would be in a promoter's best interests to start having fighters warrant that they have not taken any banned substances and accept responsibility for any breach of that warranty.  Conversely, if fighters sign an exclusive deal, they would be wise to include a termination clause if the promotion ceases to actively promote events.