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The PGA Tour is screwed.
That is the opinion of two prominent lawyers who specialize in noncompete laws to whom The Post spoke on Friday regarding what might become of the battle between the PGA Tour and the players who’ve defected to play in the new Saudi-backed LIV Golf Invitational Series if it were to reach a courtroom.
On Thursday, the day of the opening round of LIV Golf’s inaugural event, PGA Tour commissioner Jay Monahan announced the suspension of 17 players competing in that tournament outside of London — including Phil Mickelson and Dustin Johnson — stating they’re no longer eligible to play any PGA Tour-sanctioned events.
Both attorneys with whom The Post spoke believe those suspensions will be short-lived — particularly if the players take legal action against the PGA Tour.
“I don’t think the PGA Tour has a leg to stand on,’’ said John Lauro, a New York- and Florida-based attorney.
“The PGA Tour is basically in an untenable position,’’ said Jonathan Pollard, an attorney based in Fort Lauderdale, Fla. “They’re going to have to drop their opposition to this because nobody is going to want to watch the PGA Tour if these top players aren’t playing. Then that’s going to hit their bottom line, it’s going to hit their advertising revenue, and ultimately the market is going to force them to come to the table and make a deal.
“The PGA Tour is not going to stand by and back permanent or prolonged suspensions of Phil Mickelson, Dustin Johnson, Sergio Garcia. They’re going to back off of these suspensions. It would destroy their brand. It would destroy their business.’’
Both Lauro, a former federal prosecutor in the Eastern District of New York, and Pollard agreed that the PGA Tour’s biggest problem if players opt to sue is that it cannot hold the players back for reasons of “confidential information or trade secrets, protectable customer relationships or an extraordinary investment in the employee’s education or training.’’
“Those are the three biggest and most commonly litigated legitimate-business interests upon which a court could enforce a noncompete agreement,’’ Pollard said. “And, if you look at this situation with the PGA Tour, none of those interests is even remotely present.’’
Pollard added that the PGA Tour “is not going to be able to say, ‘We need to do this [suspend players] to protect trade secrets, we need to do this to protect customer information, we need to do this to protect our investment in these players.’ ’’
Lauro said he recently tried a case similar to the PGA Tour situation, but was working on behalf of the company versus the employee.
“I was representing a company like the PGA Tour, and we were enforcing a noncompete, but we had justification going for us in terms of confidential information, and the court upheld it,’’ Lauro said. “We were able to show confidential proprietary information that was being preserved. The PGA Tour can’t possibly do that.’’
Pollard, whose practice, Pollard PLLC is in Florida where the PGA Tour is headquartered, has particular knowledge of the state’s laws.
“Under Florida law, if the PGA wanted to enforce this sort of restriction [suspensions] it would have to pursue a lawsuit against the players to enforce a noncompete agreement,’’ Pollard said. “That’s not what the PGA Tour is going to do. I don’t see them in any way affirmatively initiating litigation. I see the players initiating litigation.’’
Englishman Ian Poulter, one of the players competing on the LIV Golf tour who was suspended by Monahan, told reporters Thursday that he planned to sue the PGA Tour.
Both Lauro and Pollard said the PGA Tour is in jeopardy of being hammered with antitrust claims.
“If you have the PGA Tour saying these people can’t be part of the PGA Tour if they’re playing in a Saudi league, that does raise antitrust concerns,’’ Pollard said.
“The PGA Tour is really opening itself up to a major lawsuit with potential antitrust claims and also a situation where they can’t justify what they’re doing other than saying, ‘We don’t like competition,’ ’’ Lauro said. “And the courts are going to be very concerned about why the PGA Tour is doing this. These issues are now being looked at very carefully from an antitrust perspective by the courts. The courts look very skeptically on any kind of restraint of trade, and that would be part of what the PGA Tour is doing.“These anti-competition provisions are being scrutinized very, very carefully. The Biden administration has said that they’re going to be looking at these things from the perspective of antitrust violations. And there’s really an effort being made now to ensure that the labor market is mobile and that workers —whether they’re PGA players or plumbers — can go from employment opportunity to employment opportunity without restriction.’’
Lauro said he believes it’s clear the PGA Tour is trying to monopolize the sport, and the players are pawns, not employees.
“The fact that the players are independent contractors weighs heavily against the PGA Tour, because the PGA Tour has treated them not as employees, but as independent contractors,’’ Lauro said. “When you add to that that there have been waivers granted in the past [to players wanting to play events outside of the PGA Tour], it really lessens the justification for these kinds of restrictions. That’s just not supportable in terms of where the law is going now.’’
By: Ny Post
Kourtney Kardashian uses Kopari Coconut Melt to ‘look good naked’
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Kourtney Kardashian’s no stranger to showing skin.
Whether the reality star’s modeling lingerie, baring it all in a bikini or packing on PDA with husband Travis Barker, she’s clearly confident about her body — and relies on a selection of tried-and-true products to keep her skin in tip-top shape.
In one of her first-ever Poosh stories, fittingly titled “How to Look Good Naked,” the 43-year-old outlines some of her body care essentials, including La Mer The Body Crème ($300), Dr. Barbara Sturm Anti-Aging Body Cream ($95) and Le Labo’s Pin 12 Candle ($82) — the latter because “lighting is everything.”
“In order to achieve glowy skin, it’s important to moisturize everything — everywhere — at least once a day,” the Poosh piece reads. “Don’t forget to care for your hands and feet as well; we recommend focusing on these areas at night.”
Billed as “a deep conditioner for your bod,” the product is comprised of 100% organic, unrefined coconut oil, and Kopari suggests applying it “as soon as you step out of the shower and at the end of the day.”
What’s more, the multitasking product also works well as a hair mask, dry shave oil, bath mix-in and belly balm, per the brand.
Snag a tub for yourself below — and get ready to look fabulous in your birthday suit, too.
By: Ny Post
Carlos Carrasco’s gem, three homers propel Mets past Marlins
MIAMI — He’s one tough Cookie these days.
Carlos Carrasco isn’t going to win any contests blowing away hitters, but the right-hander’s offspeed pitches and command — and most importantly, his health — have converged this season to give the Mets an invaluable rotation piece.
On Saturday, he gave his team 7 ²/₃ shutout innings in a 4-0 victory over the Marlins at loanDepot park. Carrasco extended his scoreless streak over his past three starts to 18 ²/₃ innings.
The win was No. 100 in Carrasco’s career, making the 35-year-old the eighth Venezuelan-born pitcher to reach the milestone. Carrasco last surrendered a run on July 9 against the Marlins at Citi Field.
The Mets (63-37) won their fifth straight and reached the 100-game mark with the franchise’s most victories since 1986.
Overall, Carrasco allowed four hits and struck out seven with two walks. Seth Lugo replaced Carrasco in the eighth inning after Charles Leblanc had doubled with two outs. But Leblanc was picked off second base by Tomas Nido, ensuring Carrasco’s scoreless streak continued.
Lugo remained in the game to pitch a scoreless ninth inning, allowing Edwin Diaz a day off following a 10-pitch outing Friday in which he struck out the side.
The Mets will try for a three-game sweep of the reeling Marlins on Sunday with Taijuan Walker on the mound.
After scuffling at the plate for seven innings, the Mets gave Carrasco breathing room in the eighth when Francisco Lindor and J.D. Davis each blasted a solo homer to give the Mets a 4-0 lead. Davis’ homer, in a pinch-hitting appearance, came as the Mets are searching on the trade market for a right-handed bat to solidify the DH spot.
The Mets have traded for two lefty bats in the last week-plus to bolster the other half of the DH equation. One of those additions, Tyler Naquin, debuted for the Mets on Saturday in left field and went 0-for-4. Daniel Vogelbach started at DH and drew a walk in four plate appearances.
Carrasco’s gem was the latest strong performance by a Mets starting pitcher. Entering play, the Mets had a 2.45 ERA from the starting rotation in July, which ranked second in the major leagues. Chris Bassitt had a rare flat start for the Mets a night earlier, when he allowed four earned runs over six innings.
Jeff McNeil hit a solo homer in the third against rookie Nick Neidert to give the Mets their first run. The homer was the first since June 14 for McNeil, who entered the day with a .162/.240/.191 slash line in July.
The Mets weren’t finished in the inning: Nido, Brandon Nimmo and Lindor all singled. Lindor’s hit extended the Mets’ lead to 2-0 and gave the shortstop 68 RBIs for the season before he reached 69 with his blast later.
Carrasco was challenged in the first inning, when he allowed a single to Miguel Rojas and walk to Jesus Aguilar before retiring JJ Bleday for the final out. In the fourth, Carrasco surrendered a leadoff single, but he escaped the inning when he got Bleday to ground into a double-play.
By: Ny Post
Career NYC criminal tries to steal moped from NYPD station
A brazen career criminal with more than 50 arrests on his rap sheet, including rape, was busted for trying to steal a moped from outside a lower Manhattan police station.
Jon Matos was caught red-handed approaching the $1,200 bike outside the 5th Precinct, sources said.
He was allegedly using a set of burglary tools Friday to try to bust the lock of the bike, which was vouchered property, cops and sources said.
Matos, a homeless father of three, was arraigned in Manhattan Criminal Court on charges of attempted grand larceny and possession of burglary tools.
The proceeding was delayed for hours, sources said, after Matos allegedly became angry with a cellmate who used the facilities — but didn’t courtesy flush.
“I was just f–king with it. It’s not my tools,” he allegedly told an NYPD detective, said Manhattan Assistant District Attorney Megan Mers during the court proceeding.
Judge Valentina Morales Saturday agreed to give Matos supervised release in the moped case.
“Thank you, your honor,” Matos told Morales.
But instead of hitting the streets once again, Matos was held on outstanding charges from the 23rd Precinct in an unrelated case, authorities said.
It was his second appearance before a judge in a week: Matos was in court days earlier, charged with grand larceny, petit larceny, and criminal possession of stolen property and was released in yet another incident.
Matos has racked up dozens of busts for burglary, robbery, fare evasion — including the 1999 rape of a 14-year-old girl.
Crime is up in six of the seven major crimes measured by the department contributed to the increase — though the seventh category, murders, dropped a noticeable 31.6% last month in comparison to numbers compiled in June 2021, according to the NYPD’s preliminary statistics.
Grand larceny spiked 41%, robbery rose 36.1% and burglary went up 33.8%.
When addressing the crime spike last month, NYPD Commissioner Keechant Sewell said the department was arresting the same people for crimes “over and over again.”
Other recent and brazen repeat offenders include veteran shoplifter Isaac “Man of Steal” Rodriguez, who was finally locked up in January after dozens of arrests for stealing to support his drug habit.
Laron Mack, whose catchphrase is “I steal for a living,” has been arrested more than 50 times. Another serial stealer, James Connelly, was busted in December for involvement in 28 separate incidents over three months.
Last month, accused serial shoplifter Lorenzo McLucas, 34, was nabbed for stealing from the cosmetics counter at a Duane Reade on Lexington Avenue in Midtown Manhattan, according to cops and court documents.
McLucas, who was released on his own recognizance, has notched 122 prior arrests.
By: Ny Post
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