NEWS ALERT: Las Vegas Federal Judge Richard Boulware is expected to order UFC matchmakers Sean Shelby + Mick Maynard to testify in his courtroom at the end of June regarding Rule 37(e) evidence spoliation hearings. This is regarding missing and erased phones, e-mails, and other discovery not produced by TKO & Endeavor in current UFC antitrust litigation. These court hearings are anticipated to be in a similar format to the hearings both Dana White & Hunter Campbell participated in several months ago.
Additionally, TKO CEO Ari Emanuel and TKO COO Mark Shapiro are expected to be ordered to testify in July.
Today’s court hearing with Judge Boulware is extremely timely given the subject matter of today’s MMA Draw podcast.
If you find yourself bewildered by the bromance behind UFC White House organizers, you’re not alone.
This week’s edition of The MMA Draw podcast is all about piercing through the Hollywood constructs to fill you in on what is happening behind the scenes. The political angles, marketing, and questionable decisions as to why UFC has focused so little on promoting an actual fight card.
Stories like President Trump’s no fat soldiers policy for UFC White House, Trump acquiring TKO stock and his profit motives, and the new Zuffa Myth about how Dana White & President Trump are lifelong business partners responsible for the rise of UFC from the ashes.
What are the true motives by Ari Emanuel & Mark Shapiro in regards to risk/reward calculations for UFC’s brand moving forward in the rest of President Trump’s second term?
For our paid subscribers, we have analysis of recent Delaware sanctions against TKO regarding Endeavor’s acquisition of WWE.
Brandon Thurston has done an excellent job reporting on this story. Access his Substack articles right here.
Delaware judge J. Travis Laster issued an amazing 40-page opinion outlining the history of Endeavor’s acquisition of WWE and the timeline of evidence destruction.
This legal opinion, which you can read here, is truly a piece of history. It is extremely easy-to-understand and digest. Go read it.
However, the media and legal analysis of this opinion has been limited in appreciating the size of scope of the revelations. In other words, the full legal impact of this opinion is not being properly explained. Most of the public comments are cynical in nature and follow the logic that if you have to pay a % of the billions of dollars made, then that’s just part of doing business for the rich & elite.
It’s the wrong way to look at J. Travis Laster’s court opinion and we explain, on this week’s MMA Draw podcast, how you should be looking at his pre-trial ruling.
First, burden shifting. The judge in this case ruled on Rule 37(e) Delaware sanctions for evidence spoliation. It’s similar to Rule 37(e) sanctions under the Federal Rules of Civil Procedure. Judge Laster’s opinion even cites recent Federal case law on the subject matter.
Because of Judge Laster’s sanctions, the burden has shifted from the plaintiffs in the WWE acquisition lawsuit having to prove their claims by a preponderance of evidence to now the defendants having to disprove the plaintiff’s allegations by a clear-and-convincing (75%) standard.
Second, Judge Laster has asserted five facts to be true-until-proven-otherwise. Read his court opinion to see those factual assertions.
There are some unstated ramifications regarding these established facts. Because the lawsuit has causes of actions including breach of fiduciary duty & breach of loyalty, these COAs could be considered intentional (equitable) torts. It means that the defendants could be personally liable for damages not covered by liability insurance or indemnification agreements. Guess what else is considered an intentional tort? Antitrust violations.
What is overlooked by most media outlets: Vince McMahon, Nick Khan, and other key players violated demands to preserve evidence after receiving litigation hold letters from their own attorneys. That’s a key issue at the heart of the current UFC antitrust litigation.
Furthermore, a key claim asserted by Judge Laster deals with how the WWE acquisition process outcome was rigged from the start. What caught our eye was the judge’s assertions about how the Strategic Review Process to oversee Endeavor’s acquisition was an inside job. How so? A consultancy and deal-making firm called The Raine Group was involved in the process. As The New York Times reported in 2016, The Raine Group was an investment firm that Ari Emanuel both co-founded and invested in.
Ari Emanuel was the agent for both Vince McMahon and Donald Trump. He was a co-founder of The Raine Group. He was literally on all-sides of the deal regarding Endeavor acquiring WWE.
Endeavor’s corporate history of Strategic Review Process groups is at the heart of the current Altshares ETF lawsuit in Los Angeles Federal Court regarding Endeavor’s take-private action last year.
This disclosure, along with other secrets that have not been reviewed by various media outlets, makes this week’s edition of The MMA Draw podcast a must-listen.
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Nate Wilcox is Editor-in-Chief of The MMA Draw. He founded BloodyElbow.com in 2007 and sold it in 2024.
Zach Arnold is a lead opinion writer for The MMA Draw on Substack. His archives can be read at FightOpinion.com. Contact Zach: fightopinion at protonmail dot com.
