Anyone familiar with high-profile court cases, especially civil cases, knows two things are happening at once: a fight in the court through legal filings and the process, and a fight for the hearts and minds of the public who care about the trial.
That second part is why, when the attorney for Suns’ minority owners Andy Kohlberg and Scott Seldin filed his latest brief with the court Monday — a response to Ishbia’s countersuit to the duo’s original lawsuit against him — a press release was sent to the media along with it. In the filing, Kohlberg and Seldin accuse Ishbia of mismanaging the NBA franchise and of using a capital call to pressure them to sell some or all of their shares in the franchise. They also insist that Ishbia and his legal team made a mistake that allows them to purchase a majority of the team and take over as the governor.
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“We have now filed our claims for fraud, breach of fiduciary duty, and breach of contract to expose the misconduct by Mr. Ishbia,” said the duo’s lawyer, Michael Carlinsky, Global Co-Managing Partner and Head of Complex Litigation, Quinn Emanuel Urquhart & Sullivan LLP, said in a statement sent to NBC Sports. “Among other things, we believe the evidence will show that Mr. Ishbia contrived a scheme to threaten our clients with massive dilution of their interests in the Suns if they failed to fund a capital call within ten days’ notice, while at the same hiding his own failure to fund by the deadline. We believe this scheme backfired and will result in a substantial reduction of Mr. Ishbia’s interest in the Suns. He has repeatedly abused his position as manager of the franchise to benefit himself — not the Suns. We look forward to moving forward on an expedited basis and presenting our case to the court.”
The legal filing itself states (via Doug Haller and Mike Vorkunov of The Athletic):
“The reality is that Ishbia is using the Suns as his personal piggy bank, including through a lengthy list of conflicted transactions — only some of which the Minority Owners are aware of.”
Among the accusations the filing makes are that Ishbia made a loan to the Suns at an…
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