EXHIBIT 41

_.- ......

JONES
\

DAY
$AN FRANCISCO .• CALIFORNIA 81$-57.00

../

i

~$5 CAliFORNIA: S~EeT.

'26TH FLOOR.•

94104

'reJ,.EPHONE: {41~) 626.3939.FACS1MH.E:(415).

Direct Number. .{4~~J 875--579-7

Pkfulrlier@JonesDay.eom

VIAE-MAIL AND:FACSIMILE

=:!:o:::::~~~rnot
R~r
Qp~tiJ:lgAgt~ertl~rit~cle13J NdtiCe:<1fHeanrig

.~i¢;M!'. J39n$J6w,
. BycQPyof:1fiylettenoyouof.May 3", 2:0111WOmeh~sSOoc.er LLO (the "League") serit .YQ~;&C.W.~·1i~#~.~·:pm.~tq AI1i91e:2,~4:of:fu~ :Qp~rati.ng.~gre~tn~nt. The.notiee provided you an:dRteedom·$Qccer LLQ(the '~T~am.;·')With3o. days.noti'ceto CUre seyef~ areas of deficient ~Qrman~e.. T<;lti.ateJn..anY ot'th~::defi:cienci~shavenotbeen cured including. the following:
r: -,
"

)

o

.alid 'b~sin~ss:plan;-and dlscloStite.ofc~oriite oWnefship'~ haVe hot been stili p.tpYi4e~t

:R.¢P.9r,tS.;@q:"'i~¢lQ~iJh~$re.q.q¢$ted the.·Leag1,le,.jrl<d1;ldiD.g·theTe!upll;l·~94g~t by

bN&§f:Piyjsi9n!J:$~Q.ipffi~t~({~~,fQt s**tin,g~~pa¢i~1Wy~.1)9tp~¢j1 ~qwiU . '.tiotbe'coirtplied"Vit1:tin2Qll. WhihHhe lea.gue has offered toseek'ffij exem,pnon ·'fi:9:¢1J:S,Sf.~'n.q.Qn4t~<n.1:1:h~fth~re$ll.,~ tQ.¢()mp1yJiJ:futm:~years, lbeTe~ h:~ riot'a~e:edtd so oo1lip1tand· has t).:dt'te.q1iestedan exemptlb:n.
o. :aeQal.l~~·the:-r~<lrnf~ned:Jo ..cOmplywith requir~!llents.relatfugtQlleld

:~:!~~1e:~;~:~~n~b:sfi:tr::~.~sum.e

boardsand

t1.1Q~e.··nll.i~6n.§trQrn'the··T¢~

,anq

Q;Whllefu~l~).di.4.~,i~a,te·a~~Qin.IenWryw~J) pag~i#jS:~!19iic.~.al:;ly i1:feri()rt()th~ ~

,~~t~lt=i:::!~~:.t:;:!::~~~~~;:::::!::~~·~~:t:
.

~·===i.~~1r~~~~t1~
'.' 'SEIJt1IIG • BO$'r{JW '. IllVIN!; BRIJSSE!.S • '. ··OOICAGO· • i.o~bo~ .• ·CLEVe1.AND • • ; COlQMBOS •.
+

·:!i!!~s:::~·tt=:':k~titA1~'~ttb~Stirt~dSfOt~gpl~WuPAAte4

",

At:.KHOBAR

• •

·J<Tt:ANTA· 110NG

... :.

·DJ\~LA$

MILAN'
SAt-!

FR:A:NKFURi'

.

t.iPS¢Q.w . .'

KONG

MVNICH.

t!'OUSTON
SHANGHAI

N~W .'. Di;,ltr'
• SILICON:

JEDDAH

;

NEW' 'y\iRK
• SINGAP..ORE

lOS

.'

PARIS

"'NG~LeS •

r{rTtS:~ORGH
ToKYO •

li":OAJD

.:

't.ilixlco . CIT'Y'

WKSHINGT.ON

•..

DUBAI

. ··RiVji;ri.H

DlEG'O

,SAN

F.R).;NCISCO

VALLEY

SYDNEY

TAIP'i;1 •

JONES DAY

June. 14.20 11
Page 2

Daniel Borislow, Governor

. reimbursed fQt:fue field board and viuep .. xpeni;esit wfi~fotced to assume onthe Tea.m'S·behalf, e

which:tQtaJ $11,,1:09.14. The Leagu~.basn.Qtre~d.:v~dreimbur$ementofthe:costs·paid to.Puma for the Te~~s iitiifor:m.sand equipment, which tota1.S9,045.52. You have ~Q not yet pajq.the fines that,have been assessed hy the le.agueintlle.amountof$24,550.00.We also bave.recently 1c;;~¢4 tha,t YQtl4~Y¢.,~ai(lp.Ql?licJythil:t yO.u l:u;t,vel1oin~entiQnof paying these fines, whiyh W(i)Q.id ofcoutse,bea sepatate·violation of the.Op.ettlting A,gr¢ement Attached as Exhibit A>. please ffud
the Leagus, which total $44,104.6.·Qas~fl;he~te 6ftbis' lett¢,t, f6tyoQifevieW·aJj.d·payrrient.

a4et®e.4a~JJntiJ:Jg'Qfalrofj;h~sliu~npdid f~Jmdfiu~so:weqto

Bestdes these continuing breaches. YOil.have failed to attend any. League Board meetings JAAti;:UY.70 11, ~dsipliJwly, your siaf:f.'T:(}:u.tin~ly isses required meetings, in breech .of m your fidtiCifary·:duties to Wbtnert' sSOt!cer, LtC ..
since

AddftionaUy"onMay 13,2011; Isearycn a separate letter requesting that you cease and the League or its vendors. Th1:$ letter poi'nted,·outihafyo.U. ·personallY publfshed.on at least twO separate websitea.several false, mi~l,~g~ ~d,(j~;tlW.'l~tQliY:~atem~nt.$"cQngeJ.l$g Le~e the and its vendors, you were-also ii6ufiedthauu¢h:st'atemetl1$:inaddltiQh to lieing:fud¢peildently acti9nabl¢~COJiStitute'separate vi~1ationsQfJh¢ Le~gue's. Operating Agreement under Articles. 3 .6(a) and S.:2(c). These iriq~p¢nclerit btea,ch~§ar~ri(>t¢apa..~le:ofb~ii1g~Ured. .

d¢s.J$tftqwm.?kingttriY f~er4.ef@iatods.~t~m¢~~.;;ibout

~~tl};I~~:~:.~~:!~~~:r1;·i;:!~~:~~:fi:tf.t:i::;~::::~~;:~d~;getous
majorlt}ij)Wi1tf$Np

..F1n~ily ,~we'als6te'Centlyleamed .. fseveral afitieipatory breaches by the Team. For o

w~!l.tb,<;ir;9QIl9i1iQni :ypu~l$Q re.centiy nQtin~d!th.~te.ag],le,that: you an;' Co1;lsidedng·reHnq¥.is]iing, . (jftl1e.Te~. Please.;beadYis.ed that any Sl¢htriI}Sfer wouldneed to co@Ply' withihe:t~nnsof.·Aitide9.;O.i Qflh~tLCAgreem:~ijt.. or would C()nstitute~()therindepend.ellt p~ch. . .. }8s:a;t~SUlt;().fth~~·tnu.1tWleot-ea¢4~s.·which li~ve 119tbeen at arein¢~pable:()fD¢ing

c~d.·theBo~a~f:Govetn<i>rsofWQmen~s,:SQCC.~F LtC (th~"Board') is consid*tingwhat· . ~Cit:iQQ~may ¢J1P'Pi:oPria.~e..iiltlJ,e$¢ cit~UrtiS~ijiGe$.~One poss.ibility isteriIiinaU*g tl:ieTea.mfr:&m h th.e.ieagitepllfsU~to,Atd¢ib tS~lt~)(i}.:alld lad Agreement, libwevet, .b,~fo.r.~~#.¢l1 ,a.:4.e¢i~~Q~l$.;@~ae.".~<l plitsg~!··~.·Ai~~l¢ y)' @9, (~)9ftl.1e·Qp~t4ting: 1q.

n~)~fthe,Q:P¢rating
n

Agteejheht;;th~:Le.~Si·WiltC6ndutta:teleph6nic:j}earinlrtoAietemiin~whether~¢h,:a:·

~'.i[_li;&~
t~~tl'tb'the':ChlefExecutiY~':offi~r thetea~~> whoWibenSure' that it is.deliverea of
to: the

JON~S DAY Dam.~lBori$IoW, Governor JUne 1~.201 1 . . 'pag¢ 3

J,lo~q. Ihec B~4 will)i~tifY the Teaw'1it wp,t;ipgQfi~.d,e¢isidn f!Up.$¢qlJent the }~y 15~ tq heatTIlg. rhave:attached lor your infOm1ation.asEXhlbit 13a documeat.containing.the'rules and PtC):e¢4~es:tbatwi.ll.appIY to-the corir;iuct rifthls..h~Iig, ..
Please cnnfitmyout .availabiHty tot a hearing on July 15, zor 1 in front {lithe full Board to ql~~liS~tIi~~~j~SJJes.;, .. Very frilly yours;

ee:

Anlle~MarleEi1¢raa~~ EO (via email} C T. FitzJ.oh~.ori, Chmr, E9~d, (jf G~)V~rnQts(via email)

PmnelaK. Fulmer

". _'_>'

..

,.

E.XHIBIT A

.)

........

;

,',
i

.... \

": ."
.~ :J.

'i ·

• ..

EXBIBITB·

:.

:

.

~

HEARING PROCEDURES RELATING TO POTENTIAL TERMlNAnON OPERATING AGREEMENT A Member shall be given reasonable notice of a hearing wh~n termination of the Operating Agreement as to that.Member being; considered, 1.

OF

is

2. A Member shall have the right to tender a written submission of not longer than 1() double ... spacedpages setting forth its reasons why the Operating Agreeme.nt should hot be terminated as. to that Member, The written submission by the Member is due one. week prior to the. date. of the hearing. The writtensubmissionmust be emailed.and faxedtothe CEO of the League, who will provideelectronic-copies to the Board of Governors. 4. The hearing concerning than one hour in length.

3.

the potential

termination shallbe

no longer

. 5. The Member shall have' the opportunity to be heard by-the full Boatd of Gevernorsas to. why the Member should 110t be terminated. The Member and :the.League maybe represented by"Sep4rate counsel at the hearing,

6.

A Iieensedstenegrapherwill attend-the hearing and prepareawritten transcript and theBoardof Governors, the CEO of the League, andoiher approprfate League personnelshallbe entitled toreview and main41iti 'a copy of th.e transcript. The 'transcript shall be confidentialand is subject to the confidentiality provisions of the OperatingAgreement.and the Women's Soccer LLC Agreement. 8. The: Chairman of the Board shall preside at the. hearing, which

7.

conducted telephQrticaily.
9,~ 10.

shan be.

Forina!. rille$.ofevidenCe do not.apply tothe eonduct.ef'the.heasing, A supermajority vote of the Boasd.of'Govemera is requited to

terminate the .Member" to. the Member, .
SFi-7G04.27v 1.

11.

A 'Wrltt¢nn6tic~Qf4e.ch~.iOnafter hea.ting ni~tbe.em~ile.:4.~d ·.fax.ed

EXHIBIT 42

............
......
"

,.

Subject:
From:

Re: Fw: Operating Agreement Article 13.1 Notice of Hearing - 'signed
Dan Borislow pkfulmer arne, fltz, Ihardcastle . 06/15/2011 08:52 PM

To:
Cc:

I am willing to meet on al issues in an informal mediation.I am unwilling to go through a bullshit he.aring on July 15 without going through mediation first and then go through formal mediation.-if this is not acceptable,I wil be taking an action in court on this fraudulent inducement and the league trying to. steal valuable assets.I am also willing to come to an agreement on how we can both conduct ourselves until the end of the season while we wait for mediation in case we cannot resolve this informally.The first suspension was way outside the rules and the second is just totally ridiculous.I suggest Pam is in the hearing to hear how wrong this suspension was.iastly,I would suggest the owner of Boston be involved in the mediation,as I know how smart a businessman he is and I would be willing to do this in Boston if need be.I have never discussed this with him and have never met him.It would be good to have someone with a vested interest involved. Daniel Borislow -----Original Message----From: Pamela K Fulmer <pkfulmer@JonesDay.com> To: DBORISLOW@aol.com Cc: ame@womensprosoccer.comi fitz@theatlantabeat.com; lhardcastle@JonesDay.com Sent: Wed, Jun 15, 2011 6:09 pm Subject: Re: Fw: Operating Agreement Article 13.1 Notice signed Dear Mr. Borislow, We disagree with your statements below that the League has defrauded youor is in breach of any of its agreements with you or with the' Team. Regardingyour assertion that the League somehow fraudulently induced you to jointhe League, this is nonsense. Instead, it was you that respondedto the Washington Freedom's search for an additional investor--the Leaguedid not contact you or negotiate with you directly. Moreover, andas we have pointed out to you in our previous correspondence, it is theTeam that has breached its duties to the League and the Team that is liableto the League for the damages caused by these breaches and your other wrongfulacts. Please be advised that the League intends to comply with its contractualobligations for dispute resolution, including submitting any disputes thatcannot be informally resolved with you and the Team to binding arbitrationin accordance with the Operating and LLC Agreements. Article 12 of the LLC Agreement provides that prior to the filing of any such arbitrationproceeding, the parties shall meet informally to attempt to negotiate aresolution of the dispute. If these informal negotiations fail toresolve the issue, the parties then agree to try to reach an agreementthrough a confidential mediation. If any dispute is still not resolvedwithin 15 days after the confidential mediation .occurs, then any part yean initiate an arbitration proceeding in accordance with the ComrnercialRules of the American Arbitration Association. Please seeOperatingAgreement at Article 13.3(d) and LLC

of Hearing

-

Agreement

at Article

12. (bio)

Pamela K. Fulmer 555 California San Francisco,

&nbspi

Street CA

26th floor 94104

Phone (415) 875-5797 Fax (415) 963-6870 pkfulmer@jonesday.com

From:DBORISLOW@aol.comTo:lhardcastle@JonesDay.comCc:ame@womensprosoccer.c am, fitz@theatlantabeat.com,pkfulmer@JonesDay.comDate:06/14/2011 01:15 PMSubject:Re: Fw: Operating Agreement Article13.1 Notice of Hearing signed

I consider this and many other actions theleague and certain individuals a breach of agreements we have withthe league.We will be taking a separate action.It is also safe to assurnethat we believe the league has committed fraud when it enticed us to makean investement. We would be willing to bind to arbitrationfor the right circumstances. Please let me know if money on legal fees .
.' "

all these matters

under

this is a·cceptablebefore we both start spending

Fi tz, your a poor loser and even a worse winner. Youtreat your p.Layezs like indentured servants and:it shows.Your not foolinganybody.How·the league and players put up with this, is disgusting·. Dan In a message dated 6/14/2011 3:21:20 Ihardcastle@JonesDay.com writes: P.M.Eastern Daylight Time,

At the request of Ms. Fulmer, attached please find the Operating AgreementArticle 13.1 Not.ice of Hearing. A copy will follow via facsimile. Thank you. Lisa Hardcastle -Assistant to Pamela K. Fulmer, Nathaniel P. Garrett, Nandini Iyer andLyz Evans 555 California Street -26th Floor -San Francisco, CA 94104-1500 DIRECT (415) 875-5790 -FAX (415) 875-5700 ·lhardcastle@jonesday.com

This e-mail (including any attachments) may contain information that isprivate, confidential, or protected by atto·rney-client or other privilege.&nbsPilf you received this e-mail in error, please delete it from yoursystern without copying it and notify sender by reply e-mail, so that ourrecords can be corrected .

..

"

.\

EXHIBIT 43

SNR DENTul~ Ll

SNR Denton US LLP 525 Market Street 26th Floor San Francisco.CA 94105-2708 USA

Pam Fulmer Partner pamela.fulmer@snrdenton.com 0 +1 4158820149 T +14158825000 F +1 4158820300 snrdenton.com

July 5,2011

VIA EMAIL AND FACSIMILE

Daniel Borislow Freedom Soccer, LLC

Re:

Women's Soccer, LLC Agreement Article 12

Dear Mr. Borislow: I have moved my practice to SNR Denton US LLP, which now represents Women's Soccer, LLC (the "League"). We are in receipt of your email correspondence responding to my earlier letter to you of June 14, 2011, concerning the possible termination of the Team from the League. Based on your statements in those emails, we understand that you and the Team are waiving your right to be heard on the termination issues, and instead have opted to proceed with the dispute resolution procedures outlined in Article 12 of the Women's Soccer, LLC Agreement (the "LLC Agreement"). We will proceed in accordance with your wishes. Article 12.01(a) of the LLC Agreement requires that the League and the Team work together in good faith to attempt to achieve a negotiated resolution of any disputes. In the event that the League terminates the Team's membership, you are free to invoke this procedure. Should that happen, we would propose that we meet in person in San Francisco on either August 30 or 31, 2011, to discuss an informal resolution. We are also happy to discuss resolution with you during the week of August 22, 2011, if you are agreeable to a telephonic discussion rather than an in-person meeting. I will represent the League at this meeting, which will also be attended by the Chief Executive Officer of the League. However, please be advised that Article 13.3(c) of the Operating Agreement contains an indemnification provision, which provides that in the event of a termination, and "[t]o the fullest extent permitted by law ... the Member shall indemnify the League and each other member of the League against any loss or damage incurred by it, and against expenses (including attorneys' fees) actually and reasonably incurred by it in connect jon with the defense or settlement of any threatened, pending or completed action or suit by any Person in connection with such termination ... n Please be advised that the League takes this obligation very seriously and intends to hold the Team responsible for paying any costs and expenses related to any such

27370752\V-1

SNR DENTOI~ L1

Daniel Borislow Freedom Soccer, LLC July 5,2011 Page 2

termination of the Team, including any costs of mediation and/or arbitration related to such termination. Please confirm that you are available on either August 30 or 31, 2011, for an in-person meeting in San Francisco. Alternatively, if you are amenable to a telephonic meeting instead, please provide a couple of convenient dates and times during the week of August 22, 2011. We will then get back to you as to the League's availability that week so that we may confirm a time and date for our discussion. Thank you. Very truly yours, SNR Denton US LLP

Pamela K. Fulmer PM/pys

cc:

Anne-Marie Eileraas, CEO (via email) T. Fitz Johnson, Chair, Board of Governors (via email)

27370752W·1

EXHIBIT 44

ARNOLD & PORTER LLP

Louis S. Ederer Louis.Ederer@aporter.com

+1212.715.1102 +1212.715.1399 Fax 399 Park Avenue New York, NY 10022-4690

July 15, 2011
BY EMAIL

Pamela K. Fulmer, Esq. SNR Denton US LLP 525 Market Street . 26th Floor San Francisco, CA 94105-2708 Dear Ms. Fulmer: I am writing with respect to your July 7, 2011 letter to Freedom Soccer LLC on behalf of your client, Women's Soccer LLC (the "League"), and the apparent disagreement among the parties. This firm has long represented Freedom Soccer and its corporate affiliates. As you may be aware, the Chairman of Freedom Soccer, Mr. Dan Borislow, is currently attending the Women's World Cup in Germany. In his absence, Mr. Borislowhas asked this firm to contact you and to move this process forward expeditiously. We request that you provide us with copies of all correspondence the League has had with Freedom Soccer and/or Mr. Borislow concerning the subject matter of your July 7 letter, including any correspondence pertaining to ''termination issues". Iwould appreciate it if you would forward these materials to my attention immediately. so that we may review them and Freedom Soccer.may respond promptly to your July 7 letter, if so advised. In the meantime, Freedom Soccer and its affiliates reserve all rights with respect to the subject matter of your July 7 letter and the disagreements among the parties. If you would like to discuss any of the foregoing, please contact me directly. Yours truly, Arnold & Porter LLP

BY:~~ Louis S.

erer

/

cc: Freedom Soccer LLC Richard Firestone, Esq.·

EXHIBIT 45

SNR DENTON i:'J

SN 525 26 San US

Denton US LLP Market Street Fldor Francisco. CA 94105-2708

Pamela K. Fulmer Partner pam.fulmer@snrdenton.com D +1415882 Q149 T +1 415 8825000 F +14158820300 snrdenton.com

July 19, 2011

Mr. Louis S. Ederer Arnold & Porter LLP 399 Park Avenue New York, NY 10022-4690 Re: Response to Your Letter of July 15, 2011

Dear Mr. Ederer: We are in receipt of your correspondence of July 1 ,20 between the League and Mr. Borislow relating to tete of July 5,2011 (incorrectly characterized as July 7,201 these copies to you as a courtesy as counsel for M . Bo ("magicJack"). 1, which requests copies of correspondence; inatlon issues raised in my letter to Mr. Bori~low in your recent correspondence.) We provide islow and the Washington Freedom team

.-

\

j

, I would like to use this opportunity to share with yo ther recent development involving your clients. Late last week we learned that Mr. Borislow has to other owners of the Women's Professional ! Soccer League (the "League") that he intends to t nsfe a majority interest in the magicJack team tol certain of his players, and that he will be issuing a res release to the effect this week. Mr. Borislow!has previously been advised by the CEO of the Leagu ,Ms. Anne-Marie Eileraas, that any such attempt to transfer his interest in the League without the prop r Bo rd approvals would violate Article 9.01 of the League's Limited Liability Agreement (the "LLC Ag eem nt"), and would be null and void under Articl~ . I 9.02(a). In addition, under Article 9.02(b) any suc atte pted transaction would allow the League to I suspend the Team's membership interest effective imm diately. That provision also provides that th~ member attempting the sale will be responsible for inde nifying the League and each of its members from any losses on account of the proposed impro er tr nsfer, including expenses and attorneys' fee~. Please understand that the League intends to hold Mr. orislow responsible for all losses to itself or i~ members caused by such an attempted invalid tra sfer. i
i

It has also come to our attention that Mr. Borislowonti ues to disparage the League, its CEO, certai~ team owners and other individuals associated with e eague. A July 15th email from Mr. Borislow the Board is replete with false statements. For ex mple . . ! • • "the ''Washington Freedom" name was attemp d t "I was sold by Fitz and others in the league ab ut league and how many sponsors and amounts he I projection was a lie." "I was and continue to be persecuted with rna up told was a lawyer by a Governor, but turns out he "I have asked for many weeks to have Boston, NY but I don't even hear a response in turn."

10

.

• •

be stolen by Fitz and the league." at I should expect attendance to be across tre gue expected to sell this season. Every I . I les and conspiracies by Ann Marie (whom ~was oesn't have a valid license.)" r NJ mediate a resolution that we can all live Iby, .

I

I

I

Mr. Daniel Borislow July 19, 2011 Page 2

"I have asked for many weeks to have Boston, NY but I don't even hear a response in turn." "You keep on listening to Anne Marie who has ee

r NJ mediate a resolution that we can all live/by, ; a complete failure in selling failing teams, ge,Wng

sponsors, getting new franchises, keeping a b dget inHne with revenues and all of the most important things ... , You are being led into failure by a fail re".· 1
• I

We request that Mr. Borislow immediately .defamatory statements.

cease' & desi t from publishing any further such false and

i
'

,
i

!

I

Article 13.1(c) of the Operating Agreement require hearing in front of the Board prior to any terminatio

that the Board provide a member the opportunityjfor of membership interest. We have offered Mr. ;

a

BoriS.low the opportunity to have such a hearing on mult pie occasions, including offering specific dat~'s or a range of dates. Mr. Borisow has heretofore decli ed t be heard pursuant to Article 13.1 (c): Now t at Mr. Borislow has retained counsel to advise him 0 the e matters, we are willing to provide Mr. Boris ow the opportunity to be heard on these termination is ues ne final time during the week of August 1, 2· 11. Please let me know by the close of business on Th rsd y, July 21,2011 hearing before the Board during that week. I have als~ attached a copy of Women's Professio al whether Mr. Borislow desirer a !
I

S

ccer Corporate Affiliations

Disclosure Form,

!

"

"

which the League sent your client several months go. form. We request that you have your client compl te th attention. Finally, I understand that your lawflrm now repre I will direct all future correspondence from me on t ese

0 date we have not received back a signed j!

form. You may return the signed form to m

r. Borislow and the magicJack team. As a ~ suit, atters to your attention. Thank you .

... '

EXHIBIT 46

•..

~'_':.'_:,'.':::,

7.

_:::._,

•.. , -." ,' •• ;.'

:"':',".,

'; ","'"

:-:.'

'.-'

.~.' :.','

.•.• -.' _.,

',-

-"'. '.-:' .":

,...

-.. - ...

"

.. - :'. -.' .':. .. -.'
'.

..... ,.'.: ...

ARNOLD & PORTER LLP

Louis S. Ederer Louls.Ederer@aporter.com

+1 212.715.1102 +1 212.715.1399 Fax 399 ParkAvenue ' New York. NY 10022-4690

: July 21,2011

BY EMAIL AND REGULAR MAIL'
Pamela K. Fulmer, Esq. SNRDenton US ·LLP . 525 Market Street 26th Floor San Francisco, CA 94105-2708 Re: Freedom Soccer, LLC

DearMs. Fulmer:
. As you know, we now represent Freedom Soccer LLC and its affiliated companies with respect to disputes with the Women's Professional Soccer League (the "League"). We respond here to 'your letter dated July 19, 2011. ". First, Freedom Soccer does wish to be heard on issues related to termination at a meeting of the Board of Governors. However, given that·as counsel we are new to the matter and just initiating our review, and in light of various scheduling issues we and our client are facing, we ask that the hearing be held on an agreed-upon date in September. Second, we wish to advise that in any event. should the League determine to move forward toward termination, Freedom Soccer intends, as you have suggested on several occasions, to take full advantage of the dispute resolution procedures available to it, including, ultimately. arbitration of all claims and disputes. In this regard, we ask that you confirm in writing that, no matter what determination the League may reach following the Board hearing, it will not take any steps in furtherance of termination until all such procedures, including arbitration, have been exhausted. As you will appreciate, in the absence of such undertaking on the League's part, our client may have no choice but to seek appropriate relief from the courts to protect its membership interest. Third, with respect to your allusion to Freedom's Soccer's alleged continuing violations of the Operating Agreement, as Mr. Borislow has suggested many times, Freedom Soccer is prepared to discuss a set of guidelines under which the parties may move forward cooperatively through the remainder of the season .. Please advise whether the League and the Board of Govemors would like to discuss this.

...

--.- ,:"~:-:.".-:. ~:~.:.'.~: .. ..~
-;'

.

ARNOLD & PORTER LLP
Pamela K. Fulmer, Esq. Page 2

Finally, Freedom Soccer and its affiliates continue to reserve all rights with respect to the subject matter ofthls letter and our earlier communications, and the disagreements among the parties.

Yours truly, .

BY:Ld~
Louis S. Ederer cc: Freedom Soccer LLC Richard Firestone, Esq.

Arnold & Porter LLP

2
Fulmer leltJlr 3.docx .

EXHIBIT 47

r. 1

i

SNR DENTON i:1

SNR Denlon us UP ~25 Markel Street 26th Floor San Francisco, CA 94105..2708

USA

Pamela K. Fulmer Partner . pem.fulme~nrdenlon.com o +1 4158820149 T +14158825000 F +141511820300 $nrdenton.com

July 27. 2011 VIAE~MAIL Mr. Louis S. Ederer Arnold & Porter LLP 399 Park Avenue New York, NY 10022-4690

Re:

Response to Your Letter of July 21, and Your Email of July 27, 2011

Dear Mr. Ederer: This responds to your letter to me of July 21) 2011 and your email to me of today. First; regarding your request to delay a hearing on the termination issues With regard to the Freedom Soccer (now "maglcJack") team until September 2011, your request for further delay is denied. The Board has been more than generous to your clients and has given the team and Mr. Borislow ample time to respond. Mr. Borlslow is a sophisticated businessman and the Freedom Soccer LLC and Its affiliates . have access to some of the best law firms and legal advice In the world. The League offered as far back as June 14, 20'11 to hold a hearing on July 15, 2011 on the potential termination. Mr. Borislow declined the offered hearing date. On July 7. 2011 Mr. Bortslow was given another opportunity to be heard, this time during the first week of August. He again dragged his feet. By letter to,you of July 19,2011, the League again reiterated its willingness to hold a hearing during the first week of August 2011. You responded by attempting to delay this matter until a date uncertain in September. Further delay is simply unacceptable. Please let us know by close of business tomorrow if your clients win appear for a hearing during the first week of August. Otherwise the League will assume that your clients have declined the opportunity to be heard. and will proceed accordingly. Second, despite repeated requests we have still not received a 'signed copy of the Women's Professional Soccer Corporate Affiliations Disclosure Form, which the League sent your client months ago, and we sent you once again on July 19th. We expect that you will have your clients complete this form, and return it to us immediately. Third, regarding any transfer of an ownership Interest in the magicJack team, the League expects that your clients will comply with all requirements contained in Article 9 of the LLC Agreement, including any . required' approvals. . . Sincerely, lsi Pamela K Fulmer Pamela K. Fulmer Partner

.'

.r :

r: ".:.v- :-.-.~.' ".:'.- :.:': : ... ..,'

'.' . ~ r.'
r'

• ':.':; -: ~ .. ~'.

"':'.

••••••••••

' :.~ •••••

,;';'

:'.:."."

.".' "., • , .• -"

'.. " ';'_'. c. :: "': __ " :'": :.,..- .:

:':

' .• __ "'_':

;'.: ;., ••. .",'. __ .",: ,'::_~'

:'. ::

"'c_-'::':::::,',·,', ':".':'~:

.',~·.,:,c:_ :._~:;:.:~::.:::':.:.:.::.:.:.,::;\
I'

f!.

SNR Denton eDT

7/5/2011 7:07:22 PM

PAGE

1/003

Fax Server

SNR DENTON i:J

SNR Dentoo UP 525 M:lrkal $IllIG! 211hFIOOt

us

Patrlcla L. Shup< p;jIricia.N1ep<@smllltCan.com D 42407 T +14158825000 F .14158820300
IIl1td8l1lon.ccm

San Frands;o. CA 94105-2708
USA

FAX TRANSMISSION Date 7/512011 7:06:46 PM Total Pages 3 (Including this page) Daniel Borislow Freedom Soccer, LLC

"

I,.
I"

T
F 15615862328 Message From: Pamela K. Fulmer SNR Denton US LLP 525 Market 51reet.Ste. 2600 San Francisco, CA 94105 (415) 882-0149

r ,t·

i

I:

I
!

I

.Original will NOT be m8Ued
This laic transmission and any accompanying documonts may ba confidOntiai and protoe\ed by legal privHege. If you aro not lIle .' .. intended reciPent. disdosure. copying. distnbution and use are prohibited; peasCI nolify us immedialBly. II you do nol receive all of lIle psg" ollhis fax orifany partis illegible. please call +14158825000. ·

EXHIBIT 48

...................... -:.:.:..._.~ r.'...: :::•...... ; -;~:".~.~ :

-:,~"'.:-.~''' ~".". .. :.:

"':,::

.;-;

--:~ ......•

·.ti

ARNOLD & PORTER LLP
Louis S. Ederer Louls.Ederer@aporter.com 212.715.1000 212.715.1399 Fax 399 Park Avenue New York. NY 10022-4690

July 28,201

i

;

r·.

BY EMAIL AND REGULAR MAlL
Pamela K. Fulmer, Esq. SNR Denton US LLP .525 Market Street, 26th Floor San Francisco, CA 94105-2708 Re: . Dear Ms. Fulmer: As you know, we represent Freedom Soccer LLC and its affiliated companies with respect to disputes with the Women's Professional Soccer League (the "League"). This letter is in response to your letter dated July 27, 2011, and is further to our letter of July 21,2011. First, our client has the legal right to be heard with respect to the League's so-called "termination issues", and, as you have acknowledged in prior correspondence, the League has no right to deny our client that hearing. lfthe League is not prepared to conduct a hearing in September as we requested, then we suggest the dates of August 30 or 31, which dates, as you indicated in your July 5, 2011 letter. the League was already prepared to-devote to this matter. Second, and importantly, your July 27 letter ignores our request, made in our July 21 letter, that you confirm, no matter what determination the League may reach regarding termination issues, that it will not take any steps in furtherance oftennination until all dispute resolution procedures available to our client, including arbitration, have been exhausted. As you yourself have acknowledged in prior correspondence, our client has every right to avail itself of these procedures, and it intends to do so. However, unless the League undertakes that it will not attempt to effect any termination until such procedures have been concluded, our client has no choice but to seek immediate court intervention to protect its membership interest. Accordingly, we ask: that you provide the League's written position on this issue no later than the close of business today, July 28, 2011. In the event the League is not prepared to provide this undertaking, please indicate the name and contact information of the attorneys and law firms who will be representing the League in court, so we can notify them when they will need to appear in opposition to our client's application for injunctive relief. As you know, such court proceedings move quickly and litigation counsel are obligated to communicate directly. Response to your letter of July 27, 2011

t:

I'

I

I
!
I i
\
I

!

..'.~ : : _._ ..:... ... . .. .....

:.-.:;. :"'.::. _. - - .. _ ...'. :_':- ..._~.
'

.. .:. _:...

....._ ... -.~'.~:" ,.:' .-:'_.::. ~:';~~ .' :-.•-: -'-:' '••, •:,~, '~':', -.::" .-.. =, :..• -.~,-: :-:'-:::.' ::.~.''.'

."

- . ..

. ~ .•.• '.•..

..•.
i

II
\

ARNOLD

& PORTER LLP

.i

. Pamela K. Fulmer, Esq. July 28.2011 , Page 2 We expect that the League's litigation counsel will not be you or anyone from your law firms, as clearly you and perhaps they will be a fact witness in any contested proceedings between the parties. finally, once again, your July 271etter ignores our client's proposal to discuss with the League a set of interim guidelines under which the parties' can move forward and complete the 2011 season, even as they litigate their disputes. We take your failure to respond to this proposal, and to the numerous proposals to the same effect made by Mr. Borislow, to be deliberate, indicating that the League has no interest in such discussions. If we are in error, please so indicate in your response to this letter. Yours truly, .ARNOLD & POR1ER LLP

!

E
f.

BY.~~

Louis S. Ederer

',

I

cc:

Freedom Soccer LLC Richard Firestone, Esq.

lI'
f:
I

I

. EAST:53S32381vl

EXHIBIT 49

SNR DENTON

L1

SNR Denton US LLP 525 Market Street 26th Floor San Francisco, CA 94105-2708 USA

Pamela K. Fulmer Partner pam.fulmer@snrdenton.com D +14158820149 T +1 4158825000 F +14158820300 snrdenton.com

July 28, 2011

BYE-MAIL Mr. Louis S. Ederer Arnold & Porter LLP 399 Park Avenue New York, NY 10022-4690

Re:

Response to your letter of July 28, 2011

Dear Mr. Ederer: Your July 28 letter to me is premised on fundamental misunderstandings of the parties' history and respective obligations under the LLC Agreement and Operating Agreement. First, the League has not "den[ied]" your client the opportunity for a hearing. In fact, the opposite is true. On June 14, 2011, the League offered your client the opportunity to be heard on July 15, 2011. Mr. Borislow rejected that offer, stating: "I am unwilling to go through a bullshit hearing on July 15 without going through mediation first and then go through [sic] formal mediation." Nothing in the Operating Agreement or LLC Agreement gives him the right to mediation prior to the termination process. He therefore rejected the League's offer. On July 7, 2011, Mr. Borislow was given another opportunity to be heard, this time during the first week in August. After you stated in your July 15 letter to me that your client wished "to move this process forward expeditiously," I reiterated this offer in my July 19 letter to you. It now is clear that your client has abandoned any serious notion of resolving this dispute "expeditiously." The League does not agree to your request to postpone the hearing to August 30 or 31. Mr. Borislow has been in violation of the League's rules for many months, and has been given numerous chances to cure those breaches. The correspondence provided to you at your request demonstrates that he has no interest in curing those breaches or working with the League. Nor is it the case, as you appear to suggest, that the League had agreed in any way to delay its hearing on possible termination until August 31. Rather, I clearly advised in my July 5 letter that the League would move forward with the termination process -- including a hearing during the first week in August -- and would discuss any decision by the Board to terminate with your client on those dates if he wished. Moreover, there is no basis to force the League to tolerate Mr. Borislow's brazen disregard for his obligations to his partners for an additional 30 days. You stated in your July 15 letter that your firm has "long represented Freedom Soccer and its corporate affiliates." Given the history of your representation, you should no doubt be familiar with Mr. Borislow's dispute with the League and the nature of his continued violations of League policies. You also should have been put on notice of these violations

Mr. Louis S. Ederer July 28, 2011 Page 2

months ago, or, at the latest, on June 14, when the League advised Mr. Borislow of its intent to pursue a possible termination of his franchise. In light of these facts, your request for an additional 30 days to prepare for a hearing is unwarranted and unacceptable. Second, your request that the League delay any termination until "all dispute resolution procedures ... , including arbitration, have been exhausted" is inconsistent with the Operating Agreement. Section 13.3{ d) of the Operating Agreement provides that "[a]ny decision by the Board of Governors to terminate this Agreement shall be subject to arbitration ... " That provision clearly empowers the League to move forward with termination, and then to arbitrate after the decision is reached. We do not believe the Operating Agreement can be read in any other way, and we are confident that a court would reach the same conclusion. Third, your assertion that the League must retain separate counsel to defend it in a court proceeding is unfounded. No ethical obligation or court rule prohibits me or SNR Denton US LLP from representing the League in this matter, and my firm will act as litigation counsel if you make the unwise choice to pursue relief in court. I expect that you will direct all correspondence to me. I also expect that you will extend the professional courtesy of giving me adequate notice before you make any court filing. As you are no doubt aware, my office is in San Francisco, and I will have to travel to Delaware if your client seeks judicial intervention there. Therefore, we will object to any notice that does not provide me sufficient time to make the necessary travel arrangements. Your client's request to operate under "a set of interim guidelines" is merely a thinly-veiled request for him to continue to flaunt the League's authority. Mr. Borislow agreed to abide by the same standards and procedures as every other member of the League. He has not done so. When given multiple opportunities to cure his breaches, he opted not to comply with the League's procedures, but rather resorted to name calling, abusive behavior and baseless misrepresentations, which served no purpose other than to inflate his own ego. He has continually rejected the League's good-faith efforts to resolve these disputes, and thus has wasted his opportunity to resolve this dispute amicably. His conduct clearly demonstrated his animus for the League and its personnel, and has harmed the League and its abilities to sign up sponsors and locate additional investors. The League will hold your client accountable for these damages. The evidence is clear that your client has refused to act in the best interests of the League, a fact confirmed when his own players filed a grievance against him. He denigrated the League in private and public communications, including calling the League's CEO a "hater" and the Board of Governors a "kangaroo court." If your client opts to seek injunctive relief, many of his personal rants will become part of the public record. We have no doubt that a court, an arbitrator, and the public will all agree that Mr. Borislow's conduct supports the League's decision to pursue termination of his franchise.

Mr. Louis S. Ederer July 28, 2011 Page 3

Mr. Borislow's and Freedom Soccer LLC's ongoing violations of the League's rules have placed my client in an untenable situation. It will not tolerate any further delay. Sincerely, /s/ Pamela K. Fulmer Pamela K. Fulmer cc: Anne-Marie Eileraas T. Fitz Johnson David I. Ackerman

EXHIBIT 50·

Page 1 of3
IREDACTED

From: Sent: To: Cc:

Fulmer, Pam Sunday, July 31, 2011 9:18 PM 'Ederer, Louis' 'Anne-Marie Eileraas'; 'dborislow@aol.com'; Firestone, Richard; Ackerman, David I.

Subject: Response to Your Email of July 30,2011 Mr. Ederer, This email responds to your email of yesterday's date. You did not copy us on your communication to the U.S. Soccer Federation, but our understandinq was that you requested their intervention in this process. Although we asked you for a copy of this letter, you have still not provided it. I communicated to you on Friday the terms on which the League was willing to participate in a call with the U.S. Soccer Federation. Your response, and the conditions that you demand therein, make clear that the purpose of the call was not to facilitate an expeditious resolution of this situation, but rather to further delay the possible termination of your client's franchise. As I have noted in my previous correspondence, the League cannot tolerate any further delay while your client deliberately flouts the League's rules and procedures. The League is not willing to participate in any call on the terms you have proposed, and therefore is no longer interested in discussing this matter with you and the U.S. Soccer Federation, which we believe would be a waste of time given your response below. The fact that you did not copy us on the original communication, coupled with the unreasonable conditions you have demanded below, demonstrate that you only sought the U.S. Soccer Federation's involvement in order to further delay the process. The League is not willing to delay the Board's deliberations on a possible termination. However, the League would be willing to consider a scenario where if the Board votes to terminate the membership interest effective immediately, your client would be authorized to operate the team for the remainder of the 2011 season provided certain conditions are met. First, the team and Mr. Borislow must comply with all applicable League rules and regulations for the remainder of the season. Second, Mr. Borislow and the team must agree to refrain from any public court filings against WPS and agree not to make any further disparaging or negative statements in the Press concerning the League, its employees and officers, and the other owners. Finally, I again reiterate our request that your client complete and return a copy of the WPS Corporate Disclosure Form, which I sent to you in my July 19 correspondence. There is no excuse for this continued delay, especially where your client has had the form for months. This is just one more example of your client's failure to honor its obligations as a responsible team owner. The League continues to reserve all rights with regard to these matters. Sincerely, Pam Fulmer

Pam Fulmer San Francisco D 40149 (+1 4158820149) pam.fulmer@snrdenton.com

From: Ederer, Louis [mailto:Louis.Ederer@APORTER.COM] Sent: Saturday, July 30, 2011 11:46 AM To: Ackerman, David I. Cc: 'Anne-Marie Eileraas'; Fulmer, Pam; 'dborislow@aol.com'; Firestone, Richard

IREDACTED

Page 2 of3
Subject: RE: Letter from Pam Fulmer Ms. Fulmer: 01 behalf of R-eedom Soa::er LLC I hereby respond to your J.. 29, 2011 letter. lly R-eedom Socx:ermay be willing to partidpate in the call you propose to have with counsel for the USSocx:er Federation on Monday afternoon. However, before we agree to do so, we ask whether sudl counsel is aNare of your proposal to havesudl a call, and/or has suggested that it take place, or whether it wasyour idea to have sudl a call, and you will only begin to make arrangementstherefor if we agree to partidpate. A1oo, we ask that you advise whether it was US Socx:er's counsel's idea to have sudl call among attorneys only, that is, without prindpals, or whether, again, that was the Laague'ssuggestion. course, if USSOCX:ers proposing to have a i calion these terms, then we would be willing to partidpate, but before we agree to do so, we would like to know the anSNersto these questions.

a

As for your admonition about the commencement of court action, should we agree to partidpate in sudl a call, we would likely be willing to delay court action until after the call takes place, provided the L.aaguesimilarly agreesto refrain from taking any stepsto terminate the Team prior to the call, and, should the call not lead to agreement as to the timing and effect of arbitration and dispute resolution proreedings, suffident time thereafter to allow the filing of an action in and appropriate proceedings before a court ..
Ilook forward to your response. Yourstruly, LouisS6:Jerer Arnold & Fbrter UP
From: Ackerman, David 1. [mailto:david.ackerman@snrdenton.com] Sent: Friday, July 29, 2011 10:08 PM To: Ederer, Louis Cc: 'Anne-Marie Eileraas'; Fulmer, Pam Subject: Letter from Pam Fulmer

Mr. Ederer, Please see the attached letter from Pam Fulmer. David Ackerman
David I. Ackerman Senior Managing Associate SNR Denton US LLP D +1 202 408 6404 david.ackerman@snrdenton.com snrdenton.com

SNR Denton Is the collective trade name for an intemationallegal practice. This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. Please see snrdenton.com fur Legal Notices, including IRS Circular 230 Notice.

I

REDACTED

Page 3 of3

u.s. Treasury

Circular 230 Notice

Any U.S. federal tax advice included in·this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding U.S. federal tax-related penalties or (ii) promoting. marketing or recommending to another party any tax-related matter addressed herein.

This communication may contain information that is legally privileged. confidential or exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution, or copying of tnts communication is strictly prohibited. Anyone who receives this message in error should notify the sender immediately by telephone or by return e-mail and delete it from his or her computer. For more information about Arnold & Porter LLP, click here: http://www.amoldporter.com

I

REDACTED

EXHIBIT 51

>

Equalizer Soccer -

WPS issues statement on magicJack, Borislow responds

Page 1 of3

WPS issues statement on magicJack, Borislow responds
BY JEFF KASSOUF, ON AUGUST 3RD, 2011

Women's Professional Soccer just took its dispute with magicJack owner Dan Borislow to a whole new level of "public." On Wednesday, WPS issued a statement in response to Borislow taking his dispute with the league to a Florida court. The statement, which you can read in full here, reads: "Mr. Borislow is asking a Florida court to bar the League from exercising its right to terminate his franchise at the end of the season for breach of his contractual obligations. No such entitlement exists under League contracts, and Mr. Bortslow's many contractual breaches more than justify any decision by the League to terminate his franchise." So who actually knew this dispute had actually gone to a Florida court? I would bet hardly anybody beyond the parties involved, but now this has been brought to the attention of everyone. It certainly came to the attention of Borislow. Below is Borislow's response. League officials say that his statement that the team would be taken away this week is not true. WPS CEO Anne-Marie Eileraas' response to Bortslow's statement follows the magicJack owner's statement. Here is what he said: "The management of the league is a lot better at lying than running a professional sports league. If you read my request for injunction, you will see that I signed this under penalty of the law. I am sure they would not do the same. Although this does not contain near all the issues, it gives a good indication of what I have been going through and I suggest you read it. "It is ironic that the person being quoted for the league is the same person paying players an amount below the poverty line. Further, the comments about the players are an absolute lie. There isn't one player we know of that Signed the grievance and the National team players were shocked to see it after the fact. We cut six players in a short period of time, and I am sure between them and a conspiracy with the league that is where the grievance emanated. My players are the highest paid players with the best benefits. Although they are the highest paid, Abby (Wambach), Hope (Solo), Christie (Rampone) and Megan (Rapinoe) combined do not make what Anne-Marie makes and that is a crying shame. "The largest lie is similar to what happened during the having a job and a place to sleep. I refused to answer refused because I did not want them distracted where at the end of the season like their letter purports; they World Cup, where the National team members got an email before the Brazil game threatening them with not this grievance while the women were away at the World Cup, no matter what penalty they would give me. I the league and the Union couldn't care less. The largest lie is they were not threatening to take the team away were going to take away the team this week.

"Lastly, let's figure out who was right and wrong about what is best. We have sold out every stadium we play in without any advertising. I begged them not to play while the World Cup was going on. I said it's like me selling a phone service, but only offering incoming calls and not outgoing calls. How many times would you try it? One and done is the answer. The attendance and the producl were absolutely terrible during the World Cup. On top of it, the attendance is a huge lie. The paid attendance is probably half of what you see on the site and some teams just outright inflate the attendance. Meanwhile, the league is selling franchises based upon these numbers and I absolutely refuse to be part of that too. It is fraud, just like the way they induced me into the league. So anyway, I told the league you must embrace the WNT and its players, it's our only hope. I was talking into deaf ears for the most part. I donated my field and hotel rooms to the WNT for three weeks before they went to Germany and did almost exactly what I thought best for the WNT. That is our bread and butter. So all those Borislow this and that and all their lies,who was right? Who wants our team in their stadium? Who got the attendance for their games? Who is showing the best product to the audience? "So the good news I guess, is that the WPS changed their mind and doesn't want to screw up US soccer and the beautiful sport during the year after reconsidering how much damage it would do. I begged them for months to notlet this happen and told them how stupid they were. Isn't it further ironic, that the thing I got penalized for was the lack of contact with the media, but when I wanted to tell the truth and talk to the media, they wanted to take our team. They just wanted to keep on getting their paycheck and not come up wilh a sound business model and take the shortcut and find some other suckers. They should have embraced the WNT, come up with a sound business model and presented it to the USSF to get help. If I was the USSF, seeing this league flounder around like this with these hateful clueless people and ridiculous overhead, (God man, we have only 50 or so games and each one cost us $20,000.00 in league overhead alone). I wouldn't go near this with a 1,000 foot pole. "I challenge anybody from the league to get on a lie detector test with me. Who are they to challenge me anyway when they leach off soccer and collect money, when I have in essence donated over $1.5 million to soccer? I love this sport; it is my salvation and solitude. It is every1hing that is good. I just wanted to add, I know that Boston, New York, New Jersey and some degree Philadelphia's heart is in the right place. They have been dragged around by a group of haters and bottom feeders. It is no wonder why so many teams bailed and two of the owners have stayed completely out of this mess." This is what Eileraas said in response: "That is not true. Mr. Borislow and his legal team have been notified in writing that even if there were to be a decision to terminate, through the end of the season."
Like CJ NEWS, WPS,
MAGICJACK

the team could continue to operate

Share/Bookmark

12 comments to WPS issues statement on magicJack, Borislow responds
Ron Bishop August 3 2011 at 12:47 pm ~ So is magicJack Dan like the Charlie 0' Finley of the WPS? I hope he doesn't do to the WPS what Donald Trump did to the USFl. .. Tom August3

2011 at 1:41 pm~

http://www.equalizersoccer.coml2011108/03/wps-issues-statement-on-magicjack-borislow-r...

8/4/2011

Equalizer Soccer -

WPS issues statement on magicJack, Borislow responds

Page 2 of3

Why do they have to do this now??? Teams are showing a bump in attendance,
overshadows everything again. Does someone at the league office figure keeping the bear with a stick This

and there is a healthy in the media spotlight

playoff chase going on, and then, like a dark stonm cloud, this is a good thing, even

if it's negative?

Like a lillie kid poking

they just can't seem to help themselves.
in womens soccer and this league, and hopefully will not pull out or be forced out. He in tum, needs to

guy, like him or hate him, has made a MAJOR investment
that as a professional operation, certain standards

understand

for his team must be met. the progress the league has made. We need the people who can afford to make the investment in the

The timing of this latest spat is detrimental game, and hopefully this will not dissuade

and overshadows

others from investing

in the future.

Eight August A) This 3 2011 at 2:16 pm.:..Bm!!Y

which is the ONLY

guy is clearly full of bullshit. You "donated" 1.5 million to soccer? But can't spend the money to have an official website and twitter presence way fans of Wambach and Rapinoe found out about MJ in the first place post-WWC? You think the team is so important to you but
coach until last week? players personally B.S. Any "business" and publicly man who uses the word haters in an official response and claims he's a victim when he's is not suited to run anything.

they have had no consistent
demeaned

his and other teams is clearly run

B) The league

assed lawyer they would American

know was coming)

by morons. They should have just STFU and picked their battles in September, avoiding legal action from him (which if they had a halfand basked in post-WWC glory. They've made mistake after mistake in this very clutch season.
deserve better than

protesslonal soccer players and certain WPS coaches

any of these people.

Irant over.

August Sounds

3 2011 at 3:07 pm .:..Bm!!Y like Borislow's heart is in the right place, even if he has no tact.

Say what you want about him, he does take care of his players - who have never had a bad thing to say about him.
WPS management the top. Borislow needs to go to finishing school; possibly grammar school as well. is overpaid and requires too much compensation from owners for buy-in and rights. The league needs to be cheaper to grow, and it starts from

WPSoccer August Without soccer.

Fan

3 2011 at 3:18 pm.:..Bm!!Y a doubt, Borislow has spent well over $1 ,000,000 daughter who with the very best intentions. Historically, he is a HUGE advocate of girls and women's

plays on a highly nationally ranked youth team and has sponsored numerous teams and leagues for years. Also, I believe he has played for over 40 years himself. It does appear that the WPS, a struggling organization is being managed by less than experienced sports professionals. The CEO is a tech lawyer and oddly, stupidly, wrongly and tragically sent out a ill-timed press release to defend a seemingly substantiated claim or injunction by Borislow that would not even see the light of day if not for her, the CEO. The CFO has an embellished resume. A chainman of the board of govemors of WPS who stated that he pays 24 players a total of $1 MM (well above an prior mention of a salary cap) and has front office overhead of $800,000 AND he said on record he isn't concemed about making money but breaking even. (They would have to sell a record-setting 7,500 tickets at every home game to come close to breakeven) Also, when the legal beavers of the WPS did their own due diligence, as any good lawyer does, they had to know that Borislow is "hot head" with a history of blunt, tactless behavior who gets things done ... no matter what. If they think he is the Devil, they HAD to know upfront thatthey were dealing with the Devil, no matter how desperate they were for an investor. This WPS CEO is really taking the league down and will do anything to use Borislow as a scapegoat. The
He has a teenage business model is horribly ftawed ... always was.

Buzz August 3 2011 at 3:47 pm.:..Bm!!Y has ignored the team's league policies and requirements from the beginning, themselves. without him there wouldn't have been a league

While Borislow owners management tickets for next season, that sabotaged

and the league assuming

office have lots of room to improve respectability

As a Beat fan, I'm very unhappy

with the off-season

to save bucks. If Fitz and company

don't show me a lot of improvements,

year. The other by our I won't be renewing my season
this moves made

there is one.

PASoccerdad August 3 2011 at 4:00 pm.:..Bm!!Y team is full of players close to 800,000 he imports and

His Highly ranked

pays for .. as far as other teams and leagues .. please provide them

I doubt his front office costs anywhere His

player Payroll is less than 1 Mill ... majority are making less than 25K
of the

Unless there is a breakdown insurance He needed

gameday costs somewhere,
need to be provided. before throwing

Crazy dan is comparing

it to his youth

teams

gameday costs ... completely

different

scale and

and other factors would

to speak to other owners

out statements

that people would believe

to be the truth in buisness

YEs, the people

in WPS have not owned

sports teams before

but have been very successfull

newsouth August 3 2011 at 6:26 pm.:..Bm!!Y

http://www.equalizersoccer.com/2011/08/03/wps-issues-statement-on-magicjack-borislow-r...

8/4/2011

Equalizer Soccer -

WPS issues statement on magicJack, Borislow responds

Page 3 of3

the 20,000

gameday

number

has been thrown

out there before,

so i'm sure it's around

that number.

how much does it cost for the rochester the wps can't be anymore

rhinos or a top usl men's team? wrong.

than that. if so, then there is something

August

4 2011 at 1:57 pm :..Brulli( and $800K admin is attributable to Fitz Johnson's Allanta team and NOT magicJack. of the board of governors Seems like Fitz Johnson is NOT being

THE $1 MM salaries truthful

in his own representation

of HIS own team - and HE is the chairman

of WPS.

PASoccerdad August 4 2011 at 4:53 pm :..Brulli( (There is no salary cap) and Office staff staff. and concessions (do they charge for parking in ATl?) He can afford to give

I know but I doubt All is paying that much for players But I forgot that the staff at HIS stadium He does not have to have that kind of attendance, away free tickets His breaking be spending and make it up on the concessions.

would be considered

he gets all the parking

even statement more for players.

was for this year .. It would be the first WPS team to do so .. He can look to make a profit next year or put it back in the team

Dude August 3 2011 at 7:26 pm:..Brulli( say that any of the owners he decided have really earned my trust, given how the league seems to have been run. my trust... this guy would unfortunately be right at the top. negative antics, it was sort of

I wouldn't

But on the list of people in the league who have not earned And he took that top spot the minute downhill from there. wants to be controversial, If someone

to name the team solely after his own brand name ... and then with all of his mostly just puts a negative shadow on things, then that's

okay, but if most of what you do basically

not really what this sport needs

right now, is it? sigh ... it's kind of a soap opera right now, it seems. Which I, for one, find ... less than inspiring. women's soccer (in this league or another), will still be around the con's, next year.

Hopefully,

I went to a game recently, I still enjoy watching see as well.

and I still think the pro's outweigh

at least right now. women who are out there is a pretty good thing for people to

the highly skilled soccer

on the field, and I still think the fact that it's self-empowered

The

Phillv

Soccer

Page

» U.G.L.Y.

August

4 2011 at 1:41 pm:..Brulli( owner Dan Borislow fell further into the depths of the weirdly absurd on Wednesday with Barislow issuing a lengthy statement once again criticizing

[ ... ] rnaqicdack the league.

It is all rather convoluted

but seems to have its origin in a [ ...]

« WPS players

Union issues statement

regarding

maaicJack

player grievance Contract Litigation Attorneys in Chicago AdChoices

The Weekly:

August

BrEl.!l_c_h_Qf C_o_,,_tt;;I.J;.u.~
Experienced
W}y)~J_.hilllnJjil~j_.t:;Qln

l>

http://www.equalizersoccer.com/20 11108/03/wps-issues-statement-on-magicjack-borislow-r...

8/4/2011

EXHIBIT 52

WPS MagicJack Disconnected?

I Only

A Game

Page 1 of 12

qO.Q"rfl.H.ll"

]

Boston's n, p r newsstation.

• Contact • E-rn~jl us • Listen • Latest broadcast • Download the Qodcast • • • • • • • • • • Archives Books Commentaries Etcetera Past shows Photo_wleries About Our show Q.Y_r staff ContributQI~

• Sla1ion~
~

..

Find uson

Facebook

• Donate • SUQQ011 Only A Game • Buy the book

http://onlyagame.wbur.org/2011108113/magic-jack

8116/2011

WPS MagicJack Disconnected?

I Only A Game

Page 2 of 12

• E-mail

• [~-R~~~~~-~~}@]
WPS MagicJack Disconnected? By Bill Littlefield I Saturday, August 13th, 2011

I.LtSTEN~J

The magicJack's Abby Wambach yells to teammates during a Women's Professional Soccer league match against the Western New York Flash, Wednesday, July 20, 2011, in Rochester, N.Y. CAP) The Women's Professional Soccer League will conclude the regular season with three games tomorrow. In one of them, The Philadelphia Independence will visit magicJack, which used to be the Freedom, located in Washington, D.C. Now, and perhaps very temporarily, magicJack, which bears the name of the phone service company run by owner Dan Borislow, plays on the campus of Florida Atlantic University in Boca Raton.

http://onlyagame.wbur.org/2011108113/magic-jack

8/16/2011

WPS MagicJack Disconnected?

I Only A Game

Page 3 of 12

The field on that campus has been a problem for the league. The facility's capacity is too small, even by WPS standards. And that's only one of the reasons for the season-long conflict between the league and Mr. Borislow, who's in the running for most eccentric owner of a pro sports franchise, ever. He fired his coach, Mike Lyons, three games into the season, though the team was 3-0. Since then, several players have taken turns coaching magicJack on a rotating, volunteer basis. For a while Mr. Borislow did it himself, until someone inthe league office pointed out that he didn't have the requisite coach's license. All this seemed to have the makings of an intriguing story, so on the eve of last weekend's game between magicJack and the Breakers in Boston, I tried calling the Florida team to set up an interview. Via a pleasant but curiously impersonal recording, a woman told me the number had been disconnected. I subsequently learned that my failure to contact anyone at magicJack put me at the end of a long line: "There's no website, there's no phone number, there's no front office, there's no ticket office, and there's no way to get a hold of the team," Michelle Kaufman to told me. Kaufman, a reporter with the Miami Herald, has been covering Dan Borislow's team ... a sometimes frustrating exercise "I get lots of calls from people who want to reach the team," she told me. "I got a call from the vice president of the Miami Dolphins, who was trying to get a hold of magic Jack because the Dolphins wanted to honor the players who were in the World Cup at a Dolphins game, and they couldn't even get through." The finances ofWPS might charitably be described as fragile. The league needs all the publicity it can get. It's no surprise that WPS is dismayed with an owner who not only doesn't employ a general manager or a public relations person, but who is alleged to have forbidden his players to use social media, which the rest of the WPS teams embrace. Dan Borislow's team is also the only one to have points deducted for the owner's transgressions against league rules and standards ... but magicJack will be going to the playoffs anyway. By beating the Breakers, 2-0, on Saturday night, magicJack clinched third place. Abby Wambach headed in both goals. Megan Rapinoe set Wambach up on one of them. Hope Solo did not play, due to injury. Do these names ring a bell? All three represented the U.S. at this summer's World Cup in Germany, as did four other magicJack players. After Saturday'S game, Wambach, currently coaching as well as scoring for Borislow's team, was asked to comment on the disputes between the owner and the league. "There's always a time and place where things need to be dealt with," she said. "But the truth is, we've let Dan deal with this stuff off the field. None of the players have a say. We have nothing to do with this stuff that's between Dan and the league. That's his business, and for us, it may effect us down the road, but we're not focusing on that." "Not focusing" on the circumstances Dan Borislow has created can't have been easy. Last Saturday, magicJack arrived at the Breakers' field without a trainer. Several of the players asked the Breakers' staff if they'd tape their ankles before the game.

http://onlyagame.wbur.org/2011108/13/magic-jack

8/16/2011

WPS MagicJack Disconnected?

I Only A Game

Page 4 of 12

"Sure," they were told. "Do you have tape?" "Nope," said the magicJack players. "Could you bring some with you?" Two former magicJack players now with the Breakers are living with Claire Masinton and her family. 1 met Ms. Masinton on the sideline before the game and asked her about the rumor that one of Mr. Borislow's former employees had compared leaving his team to escaping from North Korea: "I don't want to be too impolitic," she said, "but she said she was quite relieved to be with the Breakers, and she mentioned something about enjoying such a structured practice when she got here." Dan Borislow's position has been that he's losing a lot of money running the team, and he's not willing to fund any personnel beyond the players or spend frivolously on such items as athletic tape. The league's position, according to a statement sent to "Only A Game" on Thursday, is that "Mr. Borislow has disrupted the league's business by creating conflicts with national partners, presenting an unprofessional product, negatively influencing fans, and adversely affecting players due to his mistreatment of his own team and staff." That last contention is bolstered by a grievance filed in July by some of the players, who accused Borislow of bullying them, as well as failing to live up to league standards of professionalism. Last week, Dan Borislow filed a law suit to prevent the league from taking the team away from him before this season ends, which the league has said it never intended to do ... though Michelle Kaufman thinks things might be different once the playoffs end: "I don't imagine that this team is going to last after this season," she told me. "I just can't imagine that the league is going to allow a team to be run this way. I understand Dan Borislow is saying, 'Hey, it's my team. It's my money. They should be happy that I'm promoting women's soccer with money out of my pocket.' But it's really very, very unprofessional. You go to the league website, and it lists six teams, and you can click on a link to all the five other teams, and when you get to magicJack, you don't get anything." The current status of Dan Borislow's law suit against the league is foggy, and Mr. Borislow has not responded to inquiries, via his personal e-mail address, which Michelle Kaufman thinks might still work. The league has limited its response to "Only A Game's" inquiry to the aforementioned three paragraph statement, which concludes with the contention that it "will not and cannot tolerate owners whose actions jeopardize the future ofWPS." Beyond that, fans of magic Jack and the WPS can only wait to see what will happen, although Michelle Kaufman can't help fantasizing about the scene that would transpire if Abby Wambach and her teammates keep scoring often enough to win the league's championship. "I can't even imagine that trophy ceremony with the commissioner of the league and Dan Borislow standing on the same podium," she said. "That would be a sight to see." The WPS post-season begins on either August 17th or 18th, depending on whether the Breakers or Sky Blue FC wins tomorrow. One of those teams will gain the opportunity to play magicJack ... whose players mayor may not be able to count on getting a ride to the game. Tags: soccer, women's soccer

http://onlyagame.wbur.org12011/08/13/magic-jack

8/16/2011

WPS MagicJack Disconnected?

I Only A' Game

Page 5 of 12

Other stories from this broadcast
o

Tweet This: Social Media And Recruiting

o UNC-Ch_j1r_lotte play Footb_allIll_20n To o Highs And Lows Of The PGA Championship

WPS MagicJack Disconnected? Letters News With The Wonderful Terrific Charlie Pierce o All In o Music On Only A Game o Full Rundown
o o o

Add New Comment
Type your comment here.

Showing 14 comments
Sort by Ne~est fir~! __

I

@ !El Subscribe

by email

~

Subscribe by RSS

Real-time updating is paused. {Resume}

.L .L

Blix

2 days ago

Dan you have ruined this team and put a black mark on the WPS. You are a complete joke.
2 people liked this .

BlittIer

2 days ago

Mr. Borislow, I sent you an e-mail several days before I wrote the story to which you've taken exception. You didn't answer it. You didn't call. Your choice. So it goes. But to then call the details of the story into question is childish. I wish you'd taken advantage of the opportunity I gave you to speak with me. Bill Littlefield

http://onlyagame.wbur.org/2011/08113/magic-jack

8116/2011

WPS MagicJack Disconnected?

I Only A Game

Page 6 of 12

4 people liked this.

I I

Elizabeth

3 days ago

All I have to say is...Please Dan, get these girls a trainer and some medical equipment/tape .. I am mostly worried about their safety.

IIjender 13 and 4 more liked

this

WPSfan

3 days ago

Bill, thanks for writing about WPS. The on-field product and players are top notch. The national team players like Abby Wambach and Heather O'Reilly (SkyBlue FC in NJ) and international players like Marta (Brazil) and Kelly Smith (England) made the mainstream news during the Women's World Cup. But the next tier of players not on the national team are also very good but with little media notice. Players like Tina DiMartino, Kendall Fletcher, Whitney Engen, Leslie Osborne, Tasha Kai, and Tina Ellertson. Their play and dedication is very much worth the price of admission. I encourage anyone living in or near Boston, Atlanta, Philadelphia, Rochester, NY, Rutgers, NJ (where SkyBlue plays), and South Florida to attend a game. As for Borislow's management of the magicJack team, his comment provides sufficient evidence that for whatever merit a few of his cost cutting measures might have, his methods and attitude are completely unprofessional and would not be tolerated in any professional sport.
4 people liked this.

I

jim

3 days ago

Dan, in my opinion, your comment proves one of the stories major points, which is the unprofessional ism in your teams management. "Dumb ass", "shit". (?) If you can't handle a journalist writing about issues in YOUR teams sport, maybe you should sell the team and focus on telephones.
3 people liked this .

.I

Dan

3 days ago

Bill You have to be a complete and utter idiot if you cannot get a hold of me.I have 400 emails a day and many phone calls.You appear to be a person who feels they were jilted in life.Wanted to be an athlete but didnt have the heart to be so.Danny didnt call me,wa,wa,wa. All this complaining about the website, who do you think controls our website?Dumb ass,it's the league.

http:// onlyagame. wbur .org/20 11108113/magic-jack

8116/2011

WPS MagicJack Disconnected?

I Only A Game

Page 7 of 12

Coaches license, look at all the coaches in the league and tell me who has what? I could dispute every point, but I have run out of time for you. You probably think I should have gone to Harvard or Yale so 1 could learn how to run a business. The smart people who went there,invest in people for what they accomplished and better yet, what they can accomplish.Living in academia your whole life and writing nonsense might be good for you,but you should keep your ramblings to yourself,because nobody is really interested in your line of hate, whining and pouting. The biggest failure of academia is losing people within it, people whodont go on to add to humanity and don't understand the common person. I have always said,if your going to do something,do it right. You make reporters look like shit and I am sure you misquoted the one here too. What a disgcrace.
I person liked this .

.I..

Diane

3 days ago

This article must be the back end of the bandwagon Hope Solo is talking about. I understand the courtesy of contacting magicJack about honoring the US Women's National Team players, but I'm sure if the VP of the Dolphins contacts US Soccer they could easily reach Abby or any of the other WC players. This is just one more article taking easy pot-shots at the owner at the expense of the players. Maybe the former players were not happy with the situation at magicJack, but there are still quite a few, some of the best in the country, that are still playing and playing well, for this team. It's no secret the league isn't happy with Dan, it's been well documented, but what most of the journalists have managed to do is treat the players with a modicum of respect, not trying to make them sound like poor street urchins begging for tape on the sidelines. Maybe the taping request happened as you say, maybe it didn't, but that's a minor issue. For all we know the trainer, who it appears showed up later, could have been held up in traffic, just as likely a scenario. And the cheap shot at the end about a ride to the game, it's just that, a cheap shot. If you want to write a story about magicJack and the owner, tell me something I don't know. Track down Dan Borislow for an interview. There is a story there ..even if no one answers your phone calls or emails.
3 people liked this .

.I..

Me

3 days ago in_IQply

to Diane

" Track down Dan Borislow for an interview." Isn't this a point in the story, that multiple people have tried and failed to contact him.
I person liked this .

.I..

Diane

3 days ago

in repJY_NJ\1e

Seems to me they haven't tried very hard. He has given numerous interviews and he's at the games. The media expects him to be easily accessible, he chooses not to be ..maybe you're both wrong, to a degree.
3 people liked this.

http://onlyagame.wbur.org/2011/08/13/magic-jack

8116/2011

WPS MagicJack Disconnected?

I Only A Game

Page 8 of 12

L

Brian

3 days ago in reR-!yto Diane

So you and Dan say he's incredibly available and always checks and replies to his e-mails and never does anything wrong, yet one after another, people who try to contact him or work with him get no response beyond a pissy Internet reply that looks and sounds as if it was written by a 14-year-old girl.

L

Diane

2 days ago

in reIllv to Brian

I don't think I said any of those things, in fact I'm sure I didn't (if you don't believe me, it's right there in my previous comments). What I said was that people expect him to be easily accessible and he chooses not to be. What I said was I think ajournalist or anyone else that really wants to contact him or the players has to work a little harder, he has given several interview of late and was on the radio just this morning, so someone has figured it out. What I said was this article takes out the reporters distaste for Dan on the players. What I did not say was that Dan is doing everything right. What I did not say was that I agree with his tone when leaving comments. I also would like to say I'm not 100% sure the above comment is from Dan, he usually ends by signing his name, although the style is similar. I stand by my statement that this is a cheap shot.

Brian, why'd you have to say "14-year-old girl"? I'll take" 14-year-old" to mean "immature and not terribly concerned with grammar, spelling or punctuation." But there's no need to use "girl" or "female" as an insult -- especially in this context. Observe Abby's conduct in the last week, the last month, etc. as an inspiring example. 3 people liked this.

L

Rttimp

3 days ago

in reRIY_jQ_))iane

Gee Diane, I think a working phone number is not alot to ask of a professional sports franchise. That's the point of his observation. And look at what Dan said below. Can you imagine any other person in his position responding like that? I would like to give him some leeway to run his team and help the league as he thinks best, but behavior like that is completely our of bounds.

L

Diane

2 days ago

in replv to RttimIl

http://onlyagame.wbur.org/2011108/13/magic-jack

8116/2011

WPS MagicJack Disconnected?

I Only A Game

Page 9 of 12

A working phone number would be a plus, I think I got the point. I don't necessarily agree with everything Dan , does, or how he does it. Maybe no phone is pushing it, but just because he doesn't do things like every other professional sports franchise doesn't necessarily make it wrong, either. As for his comment (if it is in fact him), I have to say that I admire someone who is willing to call it like he sees it. He answered the "observations" in the article and went on to give his opinion, as we are all free to do. I'd like to see other people in his position respond like that, maybe then we'd really know what goes on with all those professional sports franchises that are sucking the life out of sports in the NBA, MLB and NFL.

Reactions

Pk1320

I day ago

From Twitter Dan's back at it again check out his comments in regard to an article about #wps magicjack http://t.co/QOHZggM @jcnna awk @!etlKassouf

r", , t:N
RT @pagelof!:

CoacbDaugherty

2 days ago

The point of academia? "If your going to do something, do it right.You make reporters look like shit...What a disgcrace"

http://t.co/skoEMyv

From Lwitt~r RT @dw-cspOlt: Haven't verified that's Borislow, though it's his style. RT @scttingthctablc: See commemts? http://t.co/708QoZL @!eftKassouf@FightOpinion

Lissa

3 days ago

http://onlyagame.wbur.org/2011108/13/magic-jack

8116/2011

WPS MagicJack Disconnected?

I Only A Game

Page 10 of 12

From Twitter The point of academia? "If your going to do something,do it right.Y ou make reporters look like shit... What a disgcrace" http://t.co/skoEMyv

mwkajdas

3 days ago

From Twitter

One more retweet from soccerhaus

RT @alahue: this article is only treading lightly on the carnival in florida. sad entertainment, sad for the players. http://t.co/uikMP9y#wps

ProtagonistasDIJuego

3 days ago

From Twitter Interesante articulo sobre el tema Borislow: http://t.co/4Kzz2nG

.,

DeeG (Diane Hansen)

3 days ago

From JwLt1~ @backseatgafter - scroll down for a comment supposedly left by Dan. http://t.coIPHkca8a

From Twi11Qf "@alahu~ this article is treading lightly on the carnival in fla. sad entertainment, sad for players. http://t.co/lkhI28J #wps" So terrible

NoeliaCroft

3 days ago

From Twitter RT @NotDanBorislow: The one where I ramble on in the comments section about the tyranny of academia. RT@UnionGray See

http://onlyagame.wbur.org/2011108/13/magic-jack

8/16/2011

WPS MagicJack Disconnected?

I Only A Game

Page 11 of 12

commemts? http://t.co/TgExAYv

© Copyright 2011 Trustees of Boston Univers_ity Only A Game is produced by 90.9 WBUR FM· Boston, MA 02215 IjIRss I Contact Us I Sitema12

OLIVER WYMAN
An international consutting firm

Impact through specialization
Underwriting

http:// onlyagame. wbur .org/20 11108113/magic-jack

8116/2011

WPS MagicJack Disconnected?

I Only A Game

Page 12 of 12

http://onlyagame.wbur.org12011/08/13/magic-jack

8/16/2011

EXHIBIT 53

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA CASE NO. 502011 CA 011504XXXXMB

FREEDOM SOCCER, LLC and MAGICTALK SOCCER CLUB, LLC, Plaintiffs, vs. WOMEN'S SOCCER, LLC, Defendant.

COpy RECEIVED FOR Fl LING AUG 05 2011
SHARON R. BOCK CLERK & COMPTROLLER CIRCUIT CIVIL DIVISION

------------------------~/
JOINT STIPULATION

FOR CONTINUANCE OF HEARING ON MOTioN TEMPORARY INJUNCTION

FOR

Plai-ntiffs, Freedom Soccer, LLC and magicTalk Soccer Club, LLC, and Defendant, Women'S Soccer, LLC, jointly stipulate that the hearing presently set for Monday, August 8, 2011, may be continued and state as good cause:

1. This action was filed on August 2,2011. The hearing is presently set for Monday,
August 8, 2011. 2. There are two reasons for a continuance. 3. The parties are in .discussions. Defendant has offered, and hereby confirms its offer, to take no action to terminate Plaintiffs' team until August 31, 2011 or later. 4. In addition.Defendant's counsel will be on an Alaskan cruise beginning Sunday, August She leaves for the west coast on Saturday. It

7,2011, to attend her brother'S wedding.

would be impossible for her to attend, or even prepare for, a Monday hearing, without great personal hardship.

19798309.1

5. Plaintiffs and Defendant reserve all rights,' claims, defenses and positions, substantive and/or procedural, with respect to the subject matter of this action and the issues to be addressed at the hearing.

BERMAN RENNERT VOGEL & MANDLER, P .A. ' Attorneys for Women's Soccer, LLC Miami Tower, Suite 2900 100 S.E. Second Street Miami, Florida 33131 Telephone (305) 577-4177 Facsimile (305) 347-6465

CARLTON FIELDS, P.A. 525 Okeechobee Boulevard Suite 1200 West Palm Beach, FL 33401 Telephone: (561) 659-7070 Facsimile: (561) 659-7368 E-mail: jiannocarltonfields.com E-mail: croserg@carltonfields.com BY:

BY: JILL NEXON BERMAN Florida Bar No: 265608

OSEB IANNO, JR. . Florida Bar No: 655351 CHARLES M. ROSENBERG Florida Bar No: 279064 and

Counsel for Defendant Womens Soccer, LLC

Dated:

---,2\~I.l,.d~t"-I.-<'~'

_

Louis S. Ederer, Esquire Arnold & Porter LLP 399 ParkAvenue New York, NY .1 0022-4690 Of counsel

Counsel for Plaintiffs Freedom Soccer, LLC and Magictalk Soccer Club, LLC
Dated:
t-

_~-,--/_5-1--~_A,_O_11_

19798309.1

EXHIBIT 54

Page 10f2 REDACTED

From: jsahlen@aol.com [mailto:jsahlen@aol.com]

Sent: Friday, September 23, 201111:43 AM .To: fitz@theatlantabeat.com; mstoller@comcast.net; david.halstead@wpsphillyindependence.com;
thofstetter@skybluesoccer.com; Fulmer, Pam Subject: Re: 9/28 meeting privilege

REDACTED

-Original MessageFrom: DBORISLOW <DBORISLOW@aol.com> To: jsahlen <jsahlen@aol.com>; fitz <fitz@theatlantabeat.com>; mstoller <mstoller@comcast.net>; david. halstead <david.halstead@wpsphillyindependence.com>; thofstetter <thofstetter@skybluesoccer.com> Sent: Fri, Sep 23,2011 2:31 pm Subject: Re: 9/28 meeting privilege

REDACTED

Dan

11/2112011

Page 2 of2
REDACTED

In a message dated 9/23/2011 2:12:31 P.M. Eastern Daylight Time, jsahlen@aol.com writes:

All, As you are aware, we have scheduled an owner's meeting for next Wednesday, September 28th to discuss, among other things, the outstanding dispute between the League and the magicJack franchise. We all intend for this discussion to be for settlement purposes, and it is my sincere hope that we are able to resolve last year's differences and work toward a successful 2012 season .: However, please be advised that all statements made in the meeting regarding the dispute are considered to be covered by the settlement privilege in Federal Rule of Evidence 408 and analogous state evidentiary rules. Please confirm via email that this is each of your understanding as well, and that all discussions will be covered by the settlement privilege, and not used by any of the participants in any later legal proceeding. Thank you. Joe

1112112011

EXHIBIT 55

Page 1 of2
REDACTED

Sent: Sunday, October 23,20112:02 PM

From: DBORISLOW@aol.com [mailto:DBORISLOW@aol.com]

-----,------~-,---,

To: jsahlen@aol.com; fitz@theatlantabeat.com; mstoller@comcast.net;

david.halstead@wpsphillyindependence.com; thofstetter@skybluesoccer.com Cc: jennifer .osullivan@womensprosoccer.com Subject: Re: Owners meeting It appears nobody wants to do anything,so I will try and make it even easier for you to make a decision. Right now,you have kicked me out of the league without due process. That is problematic on a number of fronts.The largest is it is unacceptable to me and I will be forced to act to protect my interests. Before I did that,1 wanted to give you some more choices,since the other ones are going no where.ln order of preference. 1.Wecome to terms with me willing to pay for field boards and we move forward. 2.1am in the league and who owes who money could be decided in court or arbitration.We can just leave it as a side issue for now,so I can sign players and coaches,etc.Right now,You have completely hampered my ability to do so. 3.You award me a one year hiatus under my fair terms. 4.lf you cannot accept a choice of 1-3.1have little choice but to commence litigation and seek an injunction and further damages. I guess it is pretty well spelled out.Under any scenario I will not accept Fulmer to represent the league discipline and finesmust be appealable to someone on the outside,as I can never see trusting any of you. This has gone on too 10ng,1 would expect a decision from everybody quickly. I will assume I was correct about everything I said here and proceed with number 4 if I do not hear back. Dan

IREDACTED

Page 2 of2

In a message dated 8/29/2011

10:50:02 A.M. Eastern Daylight Time, jsahlen@aol.com writes:

Gentleman, Out of the BOG on 8/27/11 came the decision to hold an owners only meeting at the Atlanta airport. Atlanta was chosen because of its accessibility for all. We would like to set a date for this meeting as soon as it can be worked into everyone's schedule. I'll start it off by alerting you that I will be unable to attend on the following dates:
8/30 thru 9/5111 9/15 thru 9/18/11 9/24 thru 9/27/11

Iwill be available throughout October. Please let me know of your unavailable dates for September and October so that we may schedule this meeting. Thank you, Joe'

IREDACTED

· EXHIBIT 56

Page 1 of2

REDACTED

-------- Original Message -------Subject: Board of Governors Call, Tuesday, October 25th, 12:30pm From: "Jennifer O'Sullivan" <jennifer.osullivan@womensprosoccer.com> Date: Mon, October 24, 2011 8: 14 am To: <fitz@theatlantabeat.com>, <thofstetter@skybluesoccer.com>, <DBORISLOW@aol.com>, <david.halstead@wpsphillyindependence.com>, < mstoller@comcast.net>, <jsahlen@aol,com> Cc: < kristina. hentschel@womensprosoccer.com> All, In light of several very important issues that require Board discussion, a Special Meeting of the Board of Governors of Women's Professional Soccer, LLC will be held telephonically tomorrow, October 25,2011, at 12:30 p.m. E.DT The follow Agenda items will be discussed: 1. To consider the October 20, 2011 proposal and October 23, 2011 proposal from Dan Borislow to the ·League regarding settlement of outstanding claims relating to the magicJack franchise based upon the 2011 Season and to authorize such actions as may be necessary or desirable in order to reach a resolution on the status of the proposals; 2. To consider the record of the magicJack franchise during the 2011 Season, and to authorize such actions as may be necessary or desirable on the status of magicJack's membership in the League;

IREDACTED

Page 2 of2

;fDACTED
... OJ

3. To consider the date by which WPS teams must commit to play in the 2012 season and to authorize such actions as may be necessary or desirable in order to enforce such deadline;

Call in information is as follows: Date: Tuesday, October 25,2011 Start Time: 12:30 PM Eastern Day Time Dial-in Number: IREDACTED Participant AcceL.:.ss=;;C~o:;d':":e=-i: I;"'R""'ED""A=C""'T""E""'D=========9

Best, Jennifer Jennifer Pogorelec O'Sullivan I Women's Professional Soccer Chief Executive Officer Phone: 914-740-4940 I Cell: 973-953-5998 I Fax: 415.553·4459 1750 Montgomery Street [ ist Floor I San Francisco, CA 94111 WW)'f.womensprosoccer.com

IREDACTED

EXHIBIT 57

.
October 25, 2011

V

·

.

WVOIWIEN'S

SDCCER_

PROFESSIONAL

By EMAIL, FACSIrvilLE

and FEDERAL

-EXPRESS

Daniel BorislowGovernor Freedom Soccer, LLC and magie'Ialk Soccer Club, LLC 570(} Georgia Avenue West p~ Beach, Florida 33405

Re:

NOTICE OF TERMINATION

pear Mr •.Borislow: As· you. are- aware~.the.IJaaid of-Governors (the "Board") of Women's Soccer, LtC (the "League") held a- tdephomc·-meetihgto.iiay toconsideryour OctobQ' iO•.2011 and OCfuber 23, 201.1 proposals and to further discuss the o'(Free.d.om$oceel', LLCimagiet~·Soccer'CjMb·LLC'·S'IJiembersbip in the League. The-Boardhas instructed me-to advise yOU' that it reject~d·yourpropos~Js,a.nd bas terminated'Freedom ,Soccer, LLC/ll).agicTalk 'Soccer Oluu J:,LC',s' interest in the. League pursuantto $e.c1loIi' 13.-1of the Operating AgteemetxtcifWomen's Soccer, LLC (the "Operating'

s.m.tus.

Agreement"),
Pursuant to Section 13.3(a) of the-OperatingAgreement, effectively i$m~j!ljately> your membership interestin the League autOmati~ly t:ra,n.sfur~:tQ the League upon. . termination and you no longer have the right to operate any. Team in. the-League, Sincerely,

l:::t.;;u;.:: -

. '(J!Jlfl~

1750 Montgomery Street 1151 Floor I San Francisco, CA 94111 Phone: (415) 553-4460 I Fax: (415) 553-445944601 www.womenspmsoccer.com

EXHIBIT 58

Page 1 of2
REDACTED

From: DBORISLOW@aol.com [mailto:DBORISLOW@aol.com]

Sent: Tuesday, November 01, 2011 10:57 AM
To: jennifer .osullivan@womensprosoccer.com; mstoller@comcast.net Cc: Fulmer, Pam; louis.ederer@aporter.com Subject: Re: magicJack Pam I see you have kept a job for more than a couple months.Congrats.Lets see if Jennifer can now. Where is my escrow and why do I have to ask so many times for it? Dan In a message dated 111112011 1:32:51 P.M. Eastern Daylight Time, jennifer.osullivan@womensprosoccer.com writes: Dan,

You can haveyour attorneys contact PamelaFulmeron all matters.

~RDenton 525 Market Sreet 26th Roor
S3n Frands::o, CA941 05-2734

(415) 882-5000

IREDACTED

Page 2 of2

.ennifer

From: DBORISLOW@aol.com [mailto:DBORISLOW@aol.com] Sent: Tuesday, November 01, 2011 1:21 PM
To: jennifer,osullivan@womensprosoccer,com

Subject: magicJack

Cc: mstoller@comcast.net

Stop being immature and tell me who will litigate for you so I do the nice thing and schedule the course of events about to happen.

For the fourth or fifth time,l demand you send back my escrow.

I expect a lawsuit within

a week.You pushed me down and now you want to kick me in my face.

Dan

IREDACTED

EXHIBIT 59

ARNOLD

& PORTER LLP

Louis S. Ederer Louls.Ederer@aporter.cum

+1 212.715.1102 +1 212.715.1399 Fax 399 PalkAvenue New York, NY 10022-4690

November

8, 2011

BY E-MAIL. FACSIMILE AND FEDERAL EXPRESS
Ms. Jennifer O'Sullivan, CEO Women's Soccer, LLC . 1750 Montgomery Street, 1sl.floor San Francisco, CA 94111 Re: . Dear Ms. O'Sullivan: We. write on behalf of our clients Freedom Soccer, LLC and Magic Talk Soccer Club, . LtC (collectively, the "Team"), in regard to Women's Soccer, LLC (the "League'Ys October '25,2011 ''Notice of Termination" of ,the Team's membership interest in the League. First, your October 251 2011 letter fails to state any grounds for terminating the Team. We ask that you state all grounds for termination presented to 'the Board of Governors during their telephonic meeting on October 25, and all-grounds on which they (and the League) based. such-termination, , Second, your Notice of Termination was issued without the League having first provided a Dispute Notice to the Team, and without having afforded the Team a hearing before the Board of Governors. ' As you know, and as the League acknowledged in the earlier dispute it had with the Team during the 2011 season, the Team is entitled to such notice and hearing under the League's LLC Agreement before any proposed termination can be considered or presented to the ,Board of Governors. We accordingly ask you to set forth in detail the reasoris why the League failed to provide such notice and hearing to the Team in this instance. I understand our client has requested the foregoing information from you and the League on several occasions, but you have not responded. We accordingly ask that you respond to the foregoing demands by the close of business, Thursday, November 10,2011. Inthe meantime,
,

PUrported Termination of Membership Interest

'

ARNOLD & PORTER LLP
Ms. Jennifer O'Sullivan November 8,2011
Page 2

the Team reserves all rights and remedies it may have for the League's improper termination of
the Team's membership 'interest

Yours truly, .ARNOLD & PORTER LLP

BY:·~L~
Louis S. Ederer

~,

. cc:

Mr. Darnel Borislow.

Pamela Fulmer, Esq.

S4731432vl

EXHIBIT 60

SNR DENTON L1

SNR Denton US LLP 525 Market Street 26th Floor San Francisco, CA 94105-2708 USA

Pamela K. Fulmer Partner pam.fulmer@snrdenton.com D +14158820149 T +14158825000 F +14158820300 snrdenton.com

November 3, 2011

BY E-MAIL Mr. Louis S. Ederer Arnold & Porter LLP 399 Park Avenue New York, NY 10022-4690

Re:

USSF Bond

Dear Mr. Ederer: This firm represents Women's Soccer LLC (the "League"). I am in receipt of email correspondence from your client, Mr. Borislow on behalf of Freedom Soccer LLC requesting that the League refund to him Freedom Soccer's pro rata contribution to the League's USSF Bond. I direct my response to you as counsel for Freedom Soccer and Mr. Borislow. As you are aware, your clients have breached the Operating Agreement of Women's Soccer LLC (the Operating Agreement") as well as the Second Amended and Restated Limited Liability Company Agreement of Women's Soccer, LLC (the "LLC Agreement"). Indeed the damages to the League caused by your clients' breaches of contract and other torts are far in excess of the bond amount. As a result, the League will not be refunding this amount pursuant to Section 10.1 of the Operating Agreement. Please let me know whether Freedom Soccer wishes to invoke the dispute resolution procedures contained in Section 12.01 (a) of the LLC Agreement. If so, I would be happy to provide available dates for informal settlement discussions. Sincerely, /s/ Pamela K. Fulmer Pamela K. Fulmer cc: Jennifer O'Sullivan David I. Ackerman

EXHIBIT 61

SoccerAmerica - Pro sports' worst-run franchise 05/12/2011

http://www.socceramerica.com!article/42203/pro-sports-worst-run-fr

...

Pro sports' worst-run franchise
by

Paul Kennedy,

May 12th, 2011 2: 14PM

[WPS] How badly run is Women's Professional Soccer's magic Jack? The league has taken the extraordinary step of docking the South Florida club a point in the standings and taking away a future draft pick -- if the club is around -- for not meeting league standards. The news that magic Jack -- with seven US. Women's World Cup players --lost its perfect record followed reports that it also lost its coach, who departed with three wins in three games. The club has been a mystery since its launch. It has not maintained a web site and did nothing to market itself in preseason. It has drawn crowds of 1,224, 1,008 and 952 for its first three home games at the tiny soccer stadium on the campus of Florida Atlantic University. At the opener, fans had to sit on the grass because bleachers had been taken away to be used at FAUs spring football game. The FAU stadium has a capacity of only 1,500 -- less than the US. Soccer-mandated minimum of 5,000. MagicJack has yet to put up proper sign boards -- not an insignificant thing ifWPS wants to keep its sponsors happy. The club also got in hot water with WPS for failing to allow players and staff to talk with the media after its second home game, on May 1. MagicJack had been fmed and docked a fourth-round selection in the 2012 WPS draft for not meeting league standards, but when it continued it ignore the requirements -- which included providing game footage to the league for other teams to scout -- WPS took the next step and took away a point, leaving magic Jack with eight points. The next step might be stripping magic Jack of its right to host playoff games -- a step the league will be more than happy to do if magic Jack wins the regular-season title. It will want to avoid at all costs the embarrassment of playing its championship game at FAU Dan Borislow, founder of broadband telephone company magic Jack, bought the Washington Freedom and moved it to South Florida. Borislow has taken a hands-on approach to running magic Jack. That role expanded this week when he confirmed that Coach Mike Lyons was no longer in charge -- despite those three wins in three games. "Right now, we are collectively managing the team between the coaches and a few senior players," he told [http://www.allwhitekit.coml?p=5915] the women's soccer blog All White Kit. "We will leave it in the family throughout the season. We have that type of character within our players that we will not miss a beat." For all the problems WPS has had with Borislow, there is this truth. Ifhe had not bought the club, WPS, which has lost four clubs in its first two seasons, would have likely folded. With increasingly small crowds around the league -- 1,879, 1,704 and 952 for the three games on Mother's Day -- WPS's future indeed looks grim. After three full seasons, WUSA folded on the eve of the 2003 Women's World Cup. Whether WPS lasts until the start of the 2011 Women's World Cup is a matter of conjecture.

10f4

11/2112011 2:46 PM

SoccerAmerica - Pro sports' worst-run franchise 05112/2011

http://www.socceramerica.com!article/42203/pro-sports-worst-run-fr

...

16 comments 1[#dl955]
[] j~J Eric Shinn I commented on: May 13, 2011 at 8:36 a.m. ! !
i )
I

!

I
!

In order for women's soccer to succeed, they need to affiliate with the MLS clubs around the country. That will give them stadiums in which to play, a certain amount of name recognition, and an existing administrative ! structure with which to work. This magicjack situation is embarrassing, and it doesn't have to be this way. I believe a professional league can work, but it's going to TAKE a lot of work for that to happen. Just plopping a team down without bothering to advertise their presence or attempting to drum up interest ... it's just idiotic.
_ _________________________ J

I
i

I
Ii I I

![#c8957]

I [] I

David Sirias commented on: May 13, 2011 at 8:52 a.m.

Sad but not unexpected WPS is DOA The relatively big money pro women's soccer model doesn't work in the I USA..... without MLS involvement. And even if MLS clubs took over tomorrow it would be more semi pro than anything but the big money won't come to the players for decades Whats pretty clear is that some MLS teams will do women's development in the w league etc and eventually the league itself might take over completely and run WMLS with proper cost controls and economies of scale. But we will lose another generation The next Mia Hamm is only six years old. Until then things look bleak for the national team which desperately needs a place for people up play. Bottom line, MLS is the where the venn diagram convergence of soccer fans and soccer junkies (not just the target soccer moms) takes place in this country .... at some point, even for eurosnobs. That's where the soccer market is. That is where the young guys who have not even had daughters yet ( and soccer dads) are located. WUSA and WPS ignored this at their peril

1[#c8963]
i

I []

!
I

Scott Olson commented on: May 13, 2011 at 9:48 a.m.

Ii
I
!

i Problem is, MLS isn't doing all that awesome either when looking at comparison to the rest of the world. We I!

i americans have, I believe, put too much restriction on this league, putting very tight reins on owners and i I
I

managers which these leagues have to compete and abide by. MLS does not have the draw right now that the I MLB, NBA and NFL have. Putting all these pay restrictions and red tape, is not helping us pull in the people that ! will bring notariety to this sport. Yeah, we have the diehards that would go out to games because they love the I sport and are looking for more and more games to go to. But we are not going to pull in more new fans without i ! i the capability to get big name players, advertise names people know, and get some local involvement. Problem i I is, a lot of the MLS teams can barely afford to put focus on academy teams and get their own players names ! i known out there, because they are keeping such a tight rein on the little money they are making. I !
I I I

1[#c8964]

I

i []
I

I

Scott Olson commented on: May 13, 2011 at 9:51 a.m.

i
i
i

I

I buying good players and getting more bang for their advertising buck because they are pulling bigger crowds.
-

i

The big businesses with the money are looking at buying foreign teams because they have more freedom on
------_ .._._. __ ._----_._--_._----,

i
:
I 1

1[#C8:~66]

,
!

I i I I

I [] \J9 Kevin Parker
commented on: May 13, 2011 at 10:47 a.m. "Whether WPS lasts until the start of the 2011 Women's World Cup is a matter of conjecture." This is a ridiculous exaggeration. Yes, there are issues, but each of the six WPS owners has put up enough money to get i their team through the 2011 season. I think they can make it through June. -,
._--_._--

i

I I
!

[[#c8972]
I

i []
I I

Kevin Yost commented on: May 13, 2011 at 2:40 p.m.

I
i

Maybe, we don't need big money women's sports, but small money and/or amateur women's sports. If the WPS

!

I
20f4

I

I

11/2112011 2:46 PM

SoccerAmerica - Pro sports' worst-run franchise 05112/2011

http://www.socceramerica.com!article/42203/pro-sports-worst-nm-fr

...

is to survive, it must be affiliated with MLS, just as the WNBA is with the NBA and the National Pro Fastpitch women's pro softball league has a partnership with MLB. The Freedom, after John Hendricks ran out of money, should have been sold to someone who would keep it in the DC area, as they had great crowds there in all the years they played there. Besides, who likes a cookie-cutter corporate name like "majicJacks" anyway. 1[#c8977] Glenn Maddock commented on: May 13, 2011 at 6:25 p.rn,

I

i

I
'

I []

r Look at you guys! A man wrote this articl-e an~ only guys have responded. Do you need anything more why

I
",I

womens pro soccer cant succeed here? Women dont care about it. Women like big events, not regular season I I games in any sport. Yes, an MLS partnership would help them survive, but whats in it for MLS? MLS has a smart I business model. Focus on your core business and breaking even, and dont get crazy. Egotistical owners who I went crazy, have ruined many leagues. MLS is mildly successful because they avoided that.

I
I

I

i

1[#C8978]

i []
I

Robin Embry commented on: May 13, 2011 at 7:06 p.m.

I
I
t
II'

Glenn: Extremely well said, neither I, my daughter (a U-13 player) or my wife would watch an WPS game when we all watched the men's world cup games last summer. Most women do not care about the WPS. Nothing else needs to be said on the subject. 1[#C8980]

i []
'I-;'

David Sirias commented on: May 13, 2011 at 7:47 p.m.

------

.-

---

1

I I

I I
I

hat's in it for MLS? Are you serious? Whoever develops the next Marta will will recoup their investment in ! erchandise alone. But the more ubiquitous long term benefit is in goodwill, branding, and TV eyeballs. First i MLS will be involved in semi-pro only. But eventually I can see it going full time pro with regular before- game / WMLS matches. The million dollars it takes to run an WMLS side will eventually become break even. It might . take a decade or two but, if nothing else MLS has demonstrated a keen skill for long term planning. MLS is not tuming their back on half the demographic. This is pretty clear now, with what DCU, Dallas, and Vancouver are ! doing. That's just the beginning. !
Ii

1[#c8983] !

I []

Ken lamieson commented on: May 14, 2011 at 9:37 a.m.

I

I

There is an old addage that you walk before you run. WPS has tried to run a marathon before it even took its first steps. Women's soccer is not a big league sport, so quite trying to treat it like one. Then again, for that matter; MLS really isn't big league by North American standards.

1[#C8~84]

!

I
I

I [] \if.! lohn Bolger
commented on: May 14, 2011 at 11:48 a.m. David Sirias makes some good points, although incorrectly identified the next Mia Hamm as six years old. My

I granddaughter Nicole is four years old, not six.
![#c8985]

-------------------------------------------

i i

I

! [] ,

Dave Kellos commented on: May 14, 2011 at 11:58 a.m.

--------------------------------------------------------------~

I
! i'
II

I Scott Olson - MLS is doing pretty damn good for a 16 year old league and actually beats many top European leagues in attendance. Your idea to spend wildly on foreign talent killed the NASL. And those American businessmen are buying 100 year old foreign teams. All of which have major debt. They actually want to run them more like MLS teams rather than spend wildly like you want. I think MLS is just waiting for WPS to go out of business which should be soon. Then they will form a WMLS, but with much smarter owners and people running it. They won't have that clown in Florida or hot dog guy.
L_

I

,

~

![#c8987]
I

30f4

11/2112011 2:46 PM

SoccerAmerica - Pro sports' worst-run franchise 05112/2011

http://www.socceramerica.com!article/42203/pro-sports-worst-run-fr

...

Eric in DC commented on: May 15, 2011 at 11:22 a.m. John Bolger: Nice! :-) Dave Kellos: Here, here! Totally agree! Alot of people are forgetting that the best i American players today, were inspired by the 94 World Cup and didn't start playing the game seriously until the i teenage years. In just the last few years, we've started developing players that are good enough that they are starting in clubs abroad. That's quite the change from recent years when we played almost exclusively I off-the-bench (or not at ail). Even with salary restrictions, we're attracting good players, but teams with lesser financial assets are still able to compete. I think this makes the MLS far more interesting than other leagues where before the season starts, you know there are only 2-4 teams with a legitimate chance to win it all. On women's soccer: MLSteams are able to participate in the USL-W league. It is still on the rise, but I think sooner I or later it will grow to have a still-small, but more respectable fanbase. 1[#C9501]

I

I

!
II,

I [] '~
I

J Ferris commented on: June 14, 2011 at 8:44 p.m.

What a joke. I thought this new owner was supposed to be some genius buslness-rnan. The problem with the I Freedom was that they should have done more to keep their overhead down and kept their ticket prices low. ! $20+ for general admission tickets was just too much for a fledgling league to be charging when you need more I' I fannies in the seats. Girls soccer teams and families are not going to pay more than $5-$8 per person. A single year of building a following was just not enough. 3-5 years of doing everything possible to entice folks to come out and develop an allegiance to their team was needed. As it is, a core group of fans in the DC area is now i lost. I seriously doubt any meaningful following will develop in Florida.

I

I
I

1[#cl0164]

I []

I
!

Holly Bauer commented on: July 3, 2011 at 3:59 p.m.

, suggested, in the $5-$8 range and 3) if there was publicity and a regular team name. (Something with a South Florida connection--MagicJack should just be branded everywhere.) The idea that the team needs a bigger , stadium is only true in so far as it needs to be at mandated capacity. Baby steps but I believe we can walk. , , . ----_.. ------------------._--..--------:

I I live in South Florida. So I can tell you that there are plenty of soccer fans from allover the world that would I I come out to watch if 1) it wasn't so far north+closer to Miami would be better 2)the prices were as JFerris I

I
!

I
I

--

1[#Cl0564]

I[] , I
I.i

Erin Martin commented on: July 14, 2011 at 10:26 a.m.

I I don't believe the statement women aren't interested in sports. Look at the WNBA, LPGA, . They have survived I
because they have talent. We have the talent, we just need to drum up the interest. I live in Columbus and our 'I MLS team (Crew) is very successful. I do agree the WPS should partner with the MLS. It makes more sense logistically and financially .. Since Title IX I think many more women enjoy sports because they aren't dominated I by men. It may take a while to develop but u.S. soccer is definitely rising in popularity and I think with time, a i I women's league would be successful. I

40f4

11121/20112:46

PM

EXHIBIT 62

Dan Borislow statement on WPS suit

http://www.sportsmyriad.coml20

111111dan-borislow-statement-on-wp

...

sporfs.myr\a\\
More sports than aredrealTltof in yourphllosophy About Soccer MMA 2012 medal projections C~se_a_rC_h )

C\

Washington Post piece lectures kids about evils of MMA

Borislow-WPS suit documents

Nov

18

Dan Borislow statement on WPS suit
By Beau Dure

soccer

Add comments

Full statement - story later: Today we filed a lawsuit to get back what was stolen from us by the WPS.Themany travesty's outlined in the lawsuit include a scheme by jennifer O'Sullivan and Kristina Hentschel ,being defended by their lawyer Pam Fulmer whom in essence is one of the acting leaders of the WPS,is a plot to extort magicjack of over $2.4 Million.O'Sullivan had been quoted"Dan very much wants to be a partner in this league" when we already were a paying partner(ln the millions of dollars)in the league.magi(lack possesses these "invoices' from the WPS. The lawsuit also spells out how we saved the league when nobody else wanted tO,then went on to being the Focus team of the league having the foresight to obtain the four most popular fan favorites of the USWomens National team.rnaqlclack was by far and away the largest draw for fans to the league.lf it wasn't for the outrageous behavior of the WPSmanagement,it would have gone on to win the Championship too.There wasn't a team in the league whom we didn't beat convincingly.Now the league decided the best thing to do.Is to steal the team and it's most valuable assets- the players-and enhance their own team after learning how to be successful like rnaqlclack.The problem for them is.and the reason the USWomens National team cannot play for the WPSanymore,is they think the dont have to pay these players.magicjack on average paid its National team members an average of over $45,000 plus a super apartment and many other valuable benefits.The others figured if they got rid of me,there would be no competition to have to pay the players what they deserve and need to live on.After they got rid of maqlcjack.most teams have been offering these players in the $10,000 to $20,000 per year range.This is an impossible salary for the WNT players to play for.This is a league who's primary function, in the eyes of the governing body, to supplement the USWNT salary and provide a farm system to develop the best players for our Country.What it has turned out to be is a league who doesn't pay a fair salary and it's best players will probably be foreign born. We got into this to help the girls in our youth leagues,to help our Country build the best National team and to help Women see a path to fulfill their dreams. Now we have some foreign born coaches and Governors who seem to care little to none about our Womens National team. I personally play soccer with mostly foreign born people and share their Love for the game. But I know,when it comes time to watch the World Cup,they are cheerinf for where they were born in most cases.lt's a fact of life and something I would practice if I lived abroad.The last Men's World Cup played,1 participated in a game where we had Americans play against English born guys.These are players who normally play together all the time,but at World Cup and Olympics everything changes.1honestly believe three of the teams in the WPSwould like to see the Americans lose to the Country they were born in.That being said,Pia our National Coach is the most avid fan of her own players and the US National team.lt's because she coaches the team, is ethical and understands this wonderful opportunity provided to her.1am also sure that the team she wants to come in second is the Swedish team. So I believe the league is actually anti USA.It's a league who doesn't want to do the right thing for it's Women's US National Team.lt's a league who doesn't follow one of the most valued

10f9

11121/2011 2:49 PM

Dan Borislow statement on WPS suit

http://www.sportsmyriad.coml2011/11/dan-borislow-statement-on-wp

...

principals of the USA-due process of the law.Did you see the NFL take away AI Davis' team-NO. The NBAtake Mark Cuban's team-NO. The MLBtake the Dodgers-NO.Some people will have a different opinion of how things should be and their opinions in many cases be cherished.The fact of the matter is.rnaqlclack was the success of the league.Now the WPSdid something that most undoubtly will be overturned in an American Court because they didn't allow us our rights. Can you imagine if the government and others seized your valuable property for no reason,something you worked your whole life for?This wouldn't be the United States anymore. It would be anarchy with people getting killed. I believe the only solution is to have a trustee run the league and try and reverse the damages the best they can.To make sure our Women get paid a fair wage and work in close cooperation with the USWomens National team.Without WNT success,we won't have a product anybody will want to see anymore. It's another unfortunate day in Soccer in the US,but hopefully part of the process to better things.magicJack remains committed to Professional Soccer for Women.

18 Responses to "Dan Borislow statement on WPS suit"
pasoccerdad says:
November 18, 2011 at 11:30 am

Priceless .... fools with money are always entertaining .... Let this guy have his team I!! He will keep the WPS in the news all season

At Least keep him until WPS actually has a replacement team or 2 Ray Radlein says:
November 18, 2011 at 11:32 am

This is not exactly very well-written. I would have assumed that, with all his money, magicDan could have afforded to hire someone who actually speaks and writes English in complete, grammatically correct sentences, to do a quick edit pass on this statement. English majors are cheap, Dan! Hire one! It's a buyer's market out there! hula5150 says:

November 18, 2011 at 11:33 am

Dan is strange which isn't new news. But I doubt any court rules against him. He can afford a good lawyer to make his arguments for him. I don't know why WPS tried this route. I think all WPS has is a pile of small grievances. Try to think about how an independent court will react. Punishment has to fit the crime, I doubt courts are going to be friendly to the idea of seizing a mans business and investment without extreme circumstances present. Keri says:
November 18, 2011 at 12:07 pm

Interesting to say the least! As a rabid soccer fan and a patriotic American I just want the WPS league to survive, flourish and have a positive symbiotic relationship with the USWNT. Hopefully we will all look back someday and say that all this was WPS growing pains and not "tbe beginning of the end. I will support US Soccer and the WPS as a fan no matter what happens. As long as there is soccer to watch, I'm there. I just hope that the league is there for us fans. Random says:

November 18, 2011 at 12:27 pm

WPS has said he violated his franchise agreement with the league, if they prove that then no court will rule against them, but I think they will have the burden of proof. I agree that more people would consider Dan's side if his thoughts were edited into a more coherent structure vs this free flow mental download. I wish he would stick to a more factual approach than making claims that really have no way of being proven and are more than a bit sensational. Random says:

20f9

11121/2011 2:49 PM

Dan Borislow statement on WPS suit

http://www.sportsmyriad.coml20

111111 dan-borislow-statement-on-wp

...

November 18, 2011 at 12:28 pm

does anyone have a link to the lawsuit? hc says:
November 18, 2011 at 12:33 pm

I hope Dan plans on spending more on an attorney that he spends on coaches & speech writers. Lew says:
November 18, 2011 at 12:43 pm

Surprised it wasn't in comic sans. Fun2Play says:
November 18, 2011 at 1:42 pm

A case of rich guy gone mad. This statement made me laugh. Ask some of the players that played for him last season if they would be willing to play for him again. With the exception of a few players that went for the money rather than for ethics, most players would probably say no. This will be interesting. Dennis says:
November 18, 2011 at 1:43 pm

Sad thing is his new MagicJackPlus is actually pretty good. But no way can he be taken credibly. I'm A Cheesesteak says:

November 18, 2011 at 1:43 pm

WOW, just WOW! If I submitted this as an essay assignment for my English Comp class, I would be baffled if the professor didn't give me an F! On the other hand, fine, bring back Magicjack. Yes, Magicjack did split the regular season against the Independence with both clubs winning their respective home games, but when it came time for the playoffs WE WON! I had no problem with Magicjack or any of its players being in the league, and I felt they played good quality and challenging soccer. I do however believe that while he may have the money, Borislow is not the right kind of person, individually, for the image and mission of the league. Prime example would be when I saw Borislow on the field after the semifinal match, he was totally hammered! Is that how you want your owners to be behaving, especially around the family and youthful attendees and atmosphere of WPS matches? I know as a member of the Philadelphia Independence community and one who talks on many occasions with our beloved owner Dave Halstead, I'd be disgusted if I ever saw Dave hammered and acting the way Borislow was after a match. The WPS has a hard road ahead and this is going to be a very difficult decision to make. However, I have the utmost faith and confidence in Jen O'Sullivan and the BOG that they will do not just what is in the best interests of the league, but that of women's soccer as a whole. Borislow-WPS suit documents says:

November 18, 2011 at 3:03 pm

[ ... J Dan Borislow statement on WPS suit Nov 18 [... J
Hondo says:
November 18,2011 at 3:24 pm

The lawsuit has nothing to do with grammar. It's obvious Borislow is passionate and appears there was zero due process. The status quo leaders couldn't deal with Borislow's personality and overwhelming drive for the betterment of female players, including his own daughter. This

30f9

11/21/2011

2:49 PM

Dan Borislow statement on WPS suit

http://www.sportsmyriad.coml2011111/dan-borislow-statement-on-wp

...

is a case where passion was competing against profits, or lack thereof, and the seemingly unethical conduct of the WPS tried to bully him. Shame on them but it is a business, a poorly run business with overpaid chieftains and lawyers who thrive on chaos versus putting people in seats and attracting real sponsors. I would hope that the WNT women distance themselves from this wannabe league and play their hearts out and bring home the gold in London. Dan, though reckless but honest, deserves his day in court and his voice heard. Joshua says:

November 18, 2011 at 4:21 pm

Was Borislow drunk when he wrote this? No way did I think he would go away quietly ... Dan says:
November 18, 2011 at 6:14 pm

Local Nut At It Again Fun2Play says:
November 19, 2011 at 1:22 pm

Hondo, Have you ever talked with any of the owners or teams. What are you talking about when you are talking about profits. They are all loosing their shirts and you are talking about profits. nickp91 says:

November 19, 2011 at 3:32 pm

Borislow is a disgrace to the game curiousleo says:

November 19, 2011 at 9:32 pm

Yeah. Borislow doesn't exactly help his case here, does he. I laughed out loud at the "no team we didn't beat convincingly" part since it wasn't true. I will admit to agreeing with him (if I can decipher his babble) that the international player per team limit should be lowered. With only 5 teams, my suggestion would be to have a max of 4 international slots. 6 is far too high for 5 or 6 team league. Keep in mind that any player with a greencard (eg Sinclair as of last year) can't could against such a limit per US employment law.

Leave a Reply
Name (required)

Mail (will not be published) (required)

Website

4of9

11/2112011 2:49 PM

Dan Borislow statement on WPS suit

http://www.sportsmyriad.coml20

111111 dan-borislow-statement-on-wp ...

D

Notify me of follow-up comments by email.
D

Notify me of new posts by email.
Home About Soccer MMA 2012 medal projections

Just testing to see if people want to get iernall notifications tEmail Address when I post.

ri
!

I Subscribe I
,

r---~---------"""""'I

~'_'_"M.'_~_~
Top picks

'

'

.,,_~."'~_,_,p,_!...

,

Recommended

Beau Dure (Hardc. .. 18.14

Long-Range
SOCCER:

Goa ...

Potomac

Books Inc.

(Kindle version)

(

Get Widget

:'

Privacy

_...__._.u_._ ..,__.~._~. __~_.,, __._·~"U'

'·'·~"',_·_~

.~",' ~·~,""~_·_"_·_U' •.

Categories

2011 calendar 2012 medal projections basketball chess cycling golf lacrosse mma olympic sports poker rugby soccer sports culture tennis track and field
tv

Uncategorized winter sports

50f9

11121120112:49 PM

Dan Borislow statement on WPS suit

http://www.sportsmyriad.coml20

111111 dan-borislow-statement-on-wp

...

II'ICIficJack~
t I

:It'-

Clu,-t'

--, --:
1:'1" 1.,1'1 c'tot(,O:'7)-""~I~:1"

LI~o l~,i't,

Try It B~l"Dte YQ:u Buy It!

1000/0 RISK FREE
-------_- ---_TRVITNOW ~

o .NO COMPlrrER

posts

MLS Cup: An experiment Will WPS stars sign up for another season? Borislow-WPS suit documents Dan Borislow statement on WPS suit Washington Post piece lectures kids about evils of MMA

amazon.com
Soccer Training Girls & Women To Win ... US Women's Nationa... New $24.99 Best $4.25 ;-;;:;:..,-;-.,--., Training Gins and Women To Win US Women's Nationa... New $24.99 Best $5.03 Bon Jovi Greatest Hits Bon Jovi New $6.99 Best $6.99

.

21 Adele New $9.99 Best $7.90

Privacy Information

60f9

11/2112011 2:49 PM

Dan Borislow statement on WPS suit

http://www.sportsmyriad.coml2011/111dan-borislow-statement-on-wp

...

What's Jack Black's appeal? 27 minutes ago I, for one, do not believe Bully Beatdown is staged, at least not fully. The "actors" couldn't be that bad. 1 hour ago Which is another reason to check out! my rant on the War on Non-Revenue Sports: http://t.co/daGOyzHw 2 hours ago When football/basketball and can't be rainmakers /rXmLLNZX 2 hours ago I think they could -- Maryland!
1

possibly

i

overspend i

i

lifts ax over eight sports: http://t.co @mattmagliozzi Definitely

:

still keep players out of Olympics. 201S. 2 hours ago @lgreenWPSoccer No one's talking, but my guess is CT is closer than other teams. (Except MJ!) 2 hours ago Take THAT, SI ... RT @olyphil: The Maryland case is just another reason for ending revenue sports in colleges. 2 hours ago Show of hands: Who's watching the Fox EPL delayed broadcasts on Sunday afternoons? 2 hours ago
Social media

i

facebook

i Name: Beau Dure

Vie'....II V profile- on I

Linked ......

fiat

<;oo(fspoiis·blogs---"--"'--------"-'"""""---:
Game On! - USA TODAY Where does Lee Corso ... DuNord Previewing MLS Cup 2 ... All White Kit U.S. Soccer Holds Of... Cagewriter - Yahoo Fedor Emelianenko Fake Sigi More on Gary Smith's ... Busted Racquet - Yahoo Fish was angry about ... re ...

70f9

11/21/2011 2:49 PM

Dan Borislow statement on WPS suit

http://www.sportsmyriad.com/20

111111 dan-borislow-statement-on-wp

...

BBC Adebayor's Giro d'italia BigSoccer Hollywood Also Loves ... MMA Fighting - AOL Ronda Rousey on Mies ... Fourth-Place Medal - Yahoo Lindsey Vonn is goin ... Chess Ninja Daily Dirt Svidler's Black Atta ... Track and Field Superfan Could Toledo Host-an ... Bloody Elbow - SB Nation Report: Takeya Mizug... MMA Fighting Stances - USA TODAY! Condit, Koscheck off... ; double ea ... 201 2: ... Podium Cafe - SB Nation

-

Go Team USA "Like" Team USA and be a part of the energy behind them.
www.facebook.com/B ..

2012 Chevrolet Cruze Check Out the Chevrolet Cruze and See How it Beats the Elantra
www.chevrolet.com/Cr.

Warning: #1 Annuib: Flaw Don't Buy Any Annuity Until You Watch This Special Video Report.
www.SeniorAnnuityAie.

2009 Cam!y
Unbeatable Price s For Your Favorite Models! Call Us For A Quick Quote.
www .To~otaOfBerkele~

Archives
November 2011 October 2011

80f9

1112112011 2:49 PM

Dan Borislow statement on WPS suit

http://www.sportsmyriad.coml2011l11/dan-borislow-statement-on-wp

...

September July 2011 June 2011 May 2011 April 2011 March 2011

2011

August 2011

February 2011 January 2011 December 201 0 November 201 0 October 201 0 September July 201 0 June 2010 May 2010 April 2010 March 2010 2010 August 2010

90f9

11/2112011 2:49 PM

Sign up to vote on this title
UsefulNot useful