Daniel Wallach Quoted in Sports Illustrated on Donald Sterling Controversy

Daniel Wallach Quoted in Sports Illustrated on Donald Sterling Controversy

Becker & Poliakoff shareholder, Daniel Wallach, was recently quoted in a series of Sports Illustrated articles (here and here) written by SI’s sports law guru Michael McCann about the probate court proceedings between Donald Sterling and Shelly Sterling, with the fate of the NBA”s Los Angeles Clippers hanging in the balance. Mr. Wallach, a board-certified appellate lawyer, provided insights into whether Section 1310(b) of the California Probate Code would allow the sale of the Clippers to proceed even while Mr. Sterling appealed an adverse probate court ruling. As Dan told SI, it is not a foregone conclusion that the probate court would invoke Section 1310(b). Dan questioned whether Shelly Sterling would be able to meet the exacting standard for Section 1310(b) — that “extraordinary circumstances” existed involving a risk of “imminent injury or loss.” Dan questioned whether Shelly would be able to meet this standard in light of rising NBA franchise values and the prospect of an even higher sale price at a later date. Mr. McCann concluded the article with this quote by Dan: “No evidence has been adduced that the franchise would sell for less at a later date,” suggesting that Shelly faces an uphill battle in persuading the court to permit the pending sale of the Clippers to close while Donald pursues his appellate remedies.