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2024 Edition-Bilas “Let them transfer at Halftime to the opposing team” Portal Update

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  • Originally posted by rjl View Post

    How binding a non-compete is depends heavily on what state you live in. Kansas gives a **** about workers, so they are pretty binding. In Missouri, they are still in employment contracts but most courts wont enforce them. California is so heavily dependent on the tech industry where people move around as discreet projects at big companies come and go, so they are nearly totally unenforceable and, as of January 1 of this year, can't be in any employment contracts.
    The employee who quit, who we took to court, was in Austin. Heavy tech industry. And that's probably where they are needed most for reasons of trade secrets, training expenses and knowledge of customer base.

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    • I haven't kept up, but I believe a number of courts have started leaning towards non-competes not being valid. I know there was quite a bit about that in the news a few months back. It could be that they were focused on non-competes being of excessive lengths, I'm not entirely sure as it's never really been relevant to me. But it would seem, no matter where you live, they are becoming much more questionable in the eyes of the courts.
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      • Originally posted by Atxshoxfan View Post

        The employee who quit, who we took to court, was in Austin. Heavy tech industry. And that's probably where they are needed most for reasons of trade secrets, training expenses and knowledge of customer base.
        There are other laws for misappropriation of trade secrets. In localities that are heavy tech industry, the definition of a "competitor" can be so wide-ranging that someone could be unemployable if they left a job under an enforceable non compete.
        The truth will set you free. But first, it will piss you off.

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        • Originally posted by SubGod22 View Post
          I haven't kept up, but I believe a number of courts have started leaning towards non-competes not being valid. I know there was quite a bit about that in the news a few months back. It could be that they were focused on non-competes being of excessive lengths, I'm not entirely sure as it's never really been relevant to me. But it would seem, no matter where you live, they are becoming much more questionable in the eyes of the courts.
          So is murder, grand larceny, petty theft, assault and just about everything else. But put a contract in place for a player to commit for 3 years (example), if he leaves after 2, he lost the 3rd year to play anywhere else. Or put a buyout for the years remaining, in which someone would be required to pay your school in order for him to be released for that 3rd year.

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          • If courts aren't going to enforce contracts, our entire society will be chaos.

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            • Originally posted by JVShocker View Post
              Maybe fans just don't understand the appeal of a man with his own bobblehead. For the record, this is the same face he makes when his team does stupid sh*t.
              He was a terrific NBA player. And no matter what teammates say about him, there is no way he can be called the goat (sorry Shaq). He never even won a championship. He has a net worth of probably $30-100 million. He has cartoons of himself and lil Penny. The Tigers play in one of the most beautiful NBA arenas. Why wouldn't players be drawn to that?

              You can get a lot of that at a winning program, though. The caliber of players that Memphis has had over the last decade could have played for a lot better schools. Maybe at first it wasn't all that clear, but by now it should certainly be clear that Memphis is not where you want to go if you want to make a deep run in March.
              The truth will set you free. But first, it will piss you off.

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              • Originally posted by Topshock View Post
                If courts aren't going to enforce contracts, our entire society will be chaos.
                The non-compete clause is seen as unenforceable due to lack of consideration. Consideration has been a requirement in contracts since the dawn of contracts. Courts aren't just arbitrarily deciding not to enforce them.

                There's also a slight element of unconscionability, in that it would be unconscionable to enforce a non-compete in many industries in modern society. Long gone are the days where the non-compete meant that Bob couldn't go from selling typewriters at XYZ shop and go down the street to ABC shop and start selling typewriters there. As I said above, non-competes in modern times can mean that someone is unemployable anywhere.
                The truth will set you free. But first, it will piss you off.

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                • Originally posted by rjl View Post

                  The non-compete clause is seen as unenforceable due to lack of consideration. Consideration has been a requirement in contracts since the dawn of contracts. Courts aren't just arbitrarily deciding not to enforce them.

                  There's also a slight element of unconscionability, in that it would be unconscionable to enforce a non-compete in many industries in modern society. Long gone are the days where the non-compete meant that Bob couldn't go from selling typewriters at XYZ shop and go down the street to ABC shop and start selling typewriters there. As I said above, non-competes in modern times can mean that someone is unemployable anywhere.
                  But employment contracts are enforced. Make kids sign them.

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                  • Originally posted by shockerfan View Post
                    Well......duh.....

                    Memphis has the laziest, slimiest recruiting philosophy on the planet. If you go there, you’re just setting yourself up for disappointment.
                    Deuces Valley.
                    ... No really, deuces.
                    ________________
                    "Enjoy the ride."

                    - a smart man

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                    • Originally posted by RoyalShock View Post
                      Memphis is a wildcard. Jones could come back, but I don't know why he wouldn't go pro.

                      Because he's likely to make more money playing college ball than he is pro ball at this point in time.

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                      • I thought Jaykown Walton was better off at WSU. His stats certainly took a hit, going from 13.9 PPG to 8. 3 pt % went way down from 40% to 28%. We sure coulda used his production this year.

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                        • Originally posted by WuDrWu View Post


                          Because he's likely to make more money playing college ball than he is pro ball at this point in time.
                          But you have to wonder if the Memphis NIL funders are starting to lose faith in Penny. He's been a massive under-achiever with the talent he's had to work with.

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                          • Originally posted by Dan View Post
                            I thought Jaykown Walton was better off at WSU. His stats certainly took a hit, going from 13.9 PPG to 8. 3 pt % went way down from 40% to 28%. We sure coulda used his production this year.
                            Memphis fans were very frustrated with his 3-pt shooting. Take away his 23 points and 6 of 8 threes in that first game against us, and his numbers are even more mediocre.

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                            • Originally posted by Dan View Post
                              I thought Jaykown Walton was better off at WSU. His stats certainly took a hit, going from 13.9 PPG to 8. 3 pt % went way down from 40% to 28%. We sure coulda used his production this year.
                              No, I think he said this when leaving

                              So right back at him.

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                              • Originally posted by RoyalShock View Post

                                But you have to wonder if the Memphis NIL funders are starting to lose faith in Penny. He's been a massive under-achiever with the talent he's had to work with.
                                He still coaches like he's an AAU coach. Just stock-pile talent and hope it all works out. He's never built a "team".

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