Battle lines drawn in Manny’s case

NEW YORK–Two top-notch lawyers are on opposite camps in the jury trial in federal court of three-time world boxing champion Manny Pacquiao’s $33 Million suit against New Jersey promoter Murad Muhammad.

On Pacquiao’s side is Manhattan litigator Judd Burstein, a well-known defender of the oppressed. Burstein, 52, is a summa cum laude graduate from Brandeis University in 1975, earned a Master’s degree at McGill and finished law at New York University in 1981.

Burstein has won cases over several promoters, including Don King who is now his client. In 2002, he represented world heavyweight titlist Lennox Lewis in a suit against promoter Panos Eliades on grounds of racketeering and fraud and secured a $7.4 Million federal court judgment.

Burstein also represented fashion designer Luciano Benetton’s daughter-in-law Judith Soltesz in suing Penthouse Magazine for publishing her topless pictures and identifying her as Anna Kournikova three years ago. Soltesz claimed she was shocked to learn that a photographer had taken a dozen topless photographs without her knowledge in Florida in 1995 and sold them to Penthouse as Kournikova’s pictures.

Burstein’s law office is in the 15th floor of a building on Broadway off 57th Street. Among the lawyers assisting Burstein in Pacquiao’s case are Mike Quinn, Peter Schalk, Alexander Levy and Josh Dubin.

Burstein’s co-counsel in the case is Los Angeles lawyer Keith Davidson whose office is in Beverly Hills. Davidson and lawyer Nicholas Khan are part of Pacquiao’s management team headed by Shelly Finkel.

Defending Muhammad is Julian Friedman, a cum laude graduate from the University of Pennsylvania in 1966 and the Columbia Law School in 1969. His office is on Park Avenue in Manhattan.

With over 30 years of experience in complex commercial litigation and securities industry regulatory and administrative investigations, Friedman represents clients before federal and state courts in New York. His experience and professional reputation have earned him an "AV" rating from the Martindale-Hubbell Law Directory, the highest rating it publishes.

Friedman’s office has a team of at least 25 lawyers while Burstein is supported by a group of about six.

Last Monday, Burstein and Friedman faced off before federal judge Loretta Preska in court at Suite 12-A of the Daniel Moynihan Federal Courthouse on Pearl Street near Foley Square in downtown Manhattan. It was the first day of trial and both lawyers delivered their opening statements after the jury of eight private citizens was chosen.

After the opening statements, Burstein called HBO Sports senior vice president Kery Davis to the witness stand.

Burstein charged Muhammad and his company M&M Sports with breach of contract, aiding and abetting violations of the fiduciary duties to Pacquiao by his manager and violations of the Muhammad Ali Boxing Reform Act.

Friedman denied the allegations vehemently. By the way, Muhammad has filed a countersuit against Finkel, Davidson, Khan and Pacquiao’s trainer Freddie Roach.

Burstein said Pacquiao was the victim of "the shameless exploitation of a boxer by a greedy and unscrupulous boxing promoter." He said 30 percent of Pacquiao’s purses from seven US fights since 2001 was withheld to pay for his income tax but no payment was ever made and the money is now unaccounted for.

Burstein also said there was an "illicit" collusion between Muhammad and Pacquiao’s business manager Rod Nazario to rob the fighter of money he earned from his US bouts. He accused Muhammad of violating provisions of full disclosure as stipulated in the Ali Act and of breach of contract in failing to live up to his obligations to Pacquiao in his recent fight against Erik Morales.

Burstein has filed five claims for relief amounting to $13 Million and damages of $20 Million.

Friedman said Pacquiao was "victimized by a scheme conducted by more sophisticated people" to wrest his promotional rights from Muhammad. In his opening statement, he told the jury he would explain the scheme, which was hatched using the "element of defamation."

Friedman contended that the US court had no jurisdiction in the case because it involved a dispute between two Filipinos, Pacquiao and Nazario.

But Burstein alleged that Muhammad bribed Nazario into agreeing to a conspiracy to skim off Pacquiao’s purses. He described Muhammad as "a person not worth of belief" because "the proof shows he told lie after lie under oath with no regard for the oath and the truth" and "he cannot be trusted (and) believed."

Friedman said Muhammad built Pacquiao’s career in a long-term partnership with the fighter. He explained the promoter’s goal was to make Pacquiao an international star and he succeeded in securing his largest purse of $1.75 Million for the Morales fight.

Friedman argued that Muhammad took a financial risk in the Pacquiao-Morales fight but guaranteed the Filipino a $1.75 Million purse regardless of the outcome of the profit picture.

As for the Ali Act, Friedman said even Finkel admitted in a deposition he wasn’t clear on its stipulations.

Friedman appealed to the jury to be fair and objective in considering the evidence without being emotional.

"If Muhammad was greedy, he would’ve burned Pacquiao out but instead, he built up his career in seven fights because he invested in him long-term," he said. "Murad is a self-made man who grew up poor in New Jersey. I’m not asking for special privileges or sympathy. Pacquiao’s no Tyson, he’s no Lewis, not at this point. Before fighting in the US, his biggest purse was $10,000. But he earned $1.75 Million in his last fight through his promoter with a binding contract."

Among the witnesses to be called in the trial are promoters Lou DiBella, Dino Duva and Bob Arum. Internal Revenue Service agent Cecile Glunt will also be summoned to shed light on Pacquiao’s tax liabilities arising from his US fights since 2001.