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Breaking down Oakley’s lawsuit against Nike

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Eye-wear giant, Oakley, filed suit in Federal Court in California on December 10, 2012, against Rory McIlroy for breach of contract. The suit alleges McIlroy breached the terms of his contract  with Oakley by refusing to accept Oakley’s offer to match the clothing and eye-wear portion of McIlroy’s Nike contract. Oakley claims the terms of their contract with McIlroy allowed them the right to match any deal McIlroy may sign with another company.

In court papers, Oakley estimates the value of the eye-wear and clothing portion of McIlroy’s new deal with Nike at 30 percent of the total contract. The actual amount is left blank in the suit, but, assuming Nike is paying McIlroy $200 million dollars, Oakley would have offered somewhere between $60 to $70 million to retain his services.

Oakley is further alleging they are irreparably harmed by McIlroy’s refusal to renew his contract with Oakley, and an injunction should be issued against McIlroy and Nike from contracting. The argument is that monetary damages cannot make Oakley whole for McIlroy’s breach of contract. Oakley will likely cite to the “intrinsic” value of having the No. 1 player in the world sporting their gear, and there is no way to quantify the amount that is worth. If the injunction is successful, McIlroy would not be allowed to wear Nike gear or eyewear until the lawsuit is decided.

The issue will likely come down to a number of emails between Oakley and McIlroy’s representatives. In September of 2012, an Oakley representative emailed McIlory’s agent, saying, “We are out of the mix, no contract for 2013.” McIlroy’s attorneys will argue Oakley waived their right of first refusal by saying they were out of the picture allowing McIlroy to sign with whomever he wanted. Oakley is pointing to emails from October of 2012 from McIlroy’s attorneys stating, “[McIlroy] would not be continuing his relationship with Oakley beyond Dec. 31” and they “would not engage in any further correspondence on the matter of the right of first refusal.”

Even if Oakley’s lawsuit is successful, it is highly unlikely we will see Rory sporting Oakley gear again. Contract law is pretty clear; only in rare circumstances will a court order a person or company to specially perform under the terms of a contract. McIlroy may coff up some of his Nike money, but that means little. However, that doesn’t mean Oakley won’t attempt to argue this is one of those rare circumstances where a person of Rory’s value should be bound to perform under the terms of his contract.

But it hasn’t been all bad news for Oakley. The “O” has already taken steps to mitigate the loss of McIlroy by signing Zack Johnson and Bubba Watson for the 2013 season. Johnson, who already wore Oakley sunglasses, will now sport Oakley’s golf apparel line as well.

Oakley’s largest golfing market is America, and Bubba is more marketable to the average American than McIlroy will ever be. He has a goofy personality, is prolific on Twitter, doesn’t mind a good cry and hits the ball ridiculously long. Plus, one would have to assume that Bubba and Zach Johnson signed for much less combined than the $60 to $70 million Oakley offered McIlroy. By the end of the year, we may be calling Bubba and Johnson a better signing for the money than McIlroy.

*Seth Kerr is a practicing attorney in the areas of contract law and business litigation and has personally handled injunction related legal issues in both state and federal court. This story will be updated as more information becomes available.

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Seth is an avid golfer playing year round in Florida.

8 Comments

8 Comments

  1. Danny

    Jan 12, 2013 at 7:57 pm

    Rory is about to pull a David Duval, who cares?

    • Brandell

      Jan 15, 2013 at 10:23 pm

      Are you out of your mind? Hes the future king of the game… Not bubba!

  2. Pingback: The Links: Polling wunderkind Silver and gambling on golf – CBSSports.com (blog) - Golfing Tips & More!

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  4. Pingback: The Links: interesting look at gambling on golf – CBS sports.com (blog) | Golf Update

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  7. Blanco

    Jan 10, 2013 at 11:59 pm

    C’mon Oakley– you’ll be okay. Dog the Bounty Hunter is still rocking the Thumps.

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19th Hole

Vincenzi’s 2024 Zurich Classic of New Orleans betting preview

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The PGA TOUR heads to New Orleans to play the 2023 Zurich Classic of New Orleans. In a welcome change from the usual stroke play, the Zurich Classic is a team event. On Thursday and Saturday, the teams play best ball, and on Friday and Sunday the teams play alternate shot.

TPC Louisiana is a par 72 that measures 7,425 yards. The course features some short par 4s and plenty of water and bunkers, which makes for a lot of exciting risk/reward scenarios for competitors. Pete Dye designed the course in 2004 specifically for the Zurich Classic, although the event didn’t make its debut until 2007 because of Hurricane Katrina.

Coming off of the Masters and a signature event in consecutive weeks, the field this week is a step down, and understandably so. Many of the world’s top players will be using this time to rest after a busy stretch.

However, there are some interesting teams this season with some stars making surprise appearances in the team event. Some notable teams include Patrick Cantlay and Xander Schauffele, Rory McIlroy and Shane Lowry, Collin Morikawa and Kurt Kitayama, Will Zalatoris and Sahith Theegala as well as a few Canadian teams, Nick Taylor and Adam Hadwin and Taylor Pendrith and Corey Conners.

Past Winners at TPC Louisiana

  • 2023: Riley/Hardy (-30)
  • 2022: Cantlay/Schauffele (-29)
  • 2021: Leishman/Smith (-20)
  • 2019: Palmer/Rahm (-26)
  • 2018: Horschel/Piercy (-22)
  • 2017: Blixt/Smith (-27)

2024 Zurich Classic of New Orleans Picks

Tom Hoge/Maverick McNealy +2500 (DraftKings)

Tom Hoge is coming off of a solid T18 finish at the RBC Heritage and finished T13 at last year’s Zurich Classic alongside Harris English.

This season, Hoge is having one of his best years on Tour in terms of Strokes Gained: Approach. In his last 24 rounds, the only player to top him on the category is Scottie Scheffler. Hoge has been solid on Pete Dye designs, ranking 28th in the field over his past 36 rounds.

McNealy is also having a solid season. He’s finished T6 at the Waste Management Phoenix Open and T9 at the PLAYERS Championship. He recently started working with world renowned swing coach, Butch Harmon, and its seemingly paid dividends in 2024.

Keith Mitchell/Joel Dahmen +4000 (DraftKings)

Keith Mitchell is having a fantastic season, finishing in the top-20 of five of his past seven starts on Tour. Most recently, Mitchell finished T14 at the Valero Texas Open and gained a whopping 6.0 strokes off the tee. He finished 6th at last year’s Zurich Classic.

Joel Dahmen is having a resurgent year and has been dialed in with his irons. He also has a T11 finish at the PLAYERS Championship at TPC Sawgrass which is another Pete Dye track. With Mitchell’s length and Dahmen’s ability to put it close with his short irons, the Mitchell/Dahmen combination will be dangerous this week.

Taylor Moore/Matt NeSmith +6500 (DraftKings)

Taylor Moore has quickly developed into one of the more consistent players on Tour. He’s finished in the top-20 in three of his past four starts, including a very impressive showing at The Masters, finishing T20. He’s also finished T4 at this event in consecutive seasons alongside Matt NeSmith.

NeSmith isn’t having a great 2024, but has seemed to elevate his game in this format. He finished T26 at Pete Dye’s TPC Sawgrass, which gives the 30-year-old something to build off of. NeSmith is also a great putter on Bermudagrass, which could help elevate Moore’s ball striking prowess.

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19th Hole

Vincenzi’s 2024 LIV Adelaide betting preview: Cam Smith ready for big week down under

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After having four of the top twelve players on the leaderboard at The Masters, LIV Golf is set for their fifth event of the season: LIV Adelaide. 

For both LIV fans and golf fans in Australia, LIV Adelaide is one of the most anticipated events of the year. With 35,000 people expected to attend each day of the tournament, the Grange Golf Club will be crawling with fans who are passionate about the sport of golf. The 12th hole, better known as “the watering hole”, is sure to have the rowdiest of the fans cheering after a long day of drinking some Leishman Lager.  

The Grange Golf Club is a par-72 that measures 6,946 yards. The course features minimal resistance, as golfers went extremely low last season. In 2023, Talor Gooch shot consecutive rounds of 62 on Thursday and Friday, giving himself a gigantic cushion heading into championship Sunday. Things got tight for a while, but in the end, the Oklahoma State product was able to hold off The Crushers’ Anirban Lahiri for a three-shot victory. 

The Four Aces won the team competition with the Range Goats finishing second. 

*All Images Courtesy of LIV Golf*

Past Winners at LIV Adelaide

  • 2023: Talor Gooch (-19)

Stat Leaders Through LIV Miami

Green in Regulation

  1. Richard Bland
  2. Jon Rahm
  3. Paul Casey

Fairways Hit

  1. Abraham Ancer
  2. Graeme McDowell
  3. Henrik Stenson

Driving Distance

  1. Bryson DeChambeau
  2. Joaquin Niemann
  3. Dean Burmester

Putting

  1. Cameron Smith
  2. Louis Oosthuizen
  3. Matt Jones

2024 LIV Adelaide Picks

Cameron Smith +1400 (DraftKings)

When I pulled up the odds for LIV Adelaide, I was more than a little surprised to see multiple golfers listed ahead of Cameron Smith on the betting board. A few starts ago, Cam finished runner-up at LIV Hong Kong, which is a golf course that absolutely suits his eye. Augusta National in another course that Smith could roll out of bed and finish in the top-ten at, and he did so two weeks ago at The Masters, finishing T6.

At Augusta, he gained strokes on the field on approach, off the tee (slightly), and of course, around the green and putting. Smith able to get in the mix at a major championship despite coming into the week feeling under the weather tells me that his game is once again rounding into form.

The Grange Golf Club is another course that undoubtedly suits the Australian. Smith is obviously incredibly comfortable playing in front of the Aussie faithful and has won three Australian PGA Championship’s. The course is very short and will allow Smith to play conservative off the tee, mitigating his most glaring weakness. With birdies available all over the golf course, there’s a chance the event turns into a putting contest, and there’s no one on the planet I’d rather have in one of those than Cam Smith.

Louis Oosthuizen +2200 (DraftKings)

Louis Oosthuizen has simply been one of the best players on LIV in the 2024 seas0n. The South African has finished in the top-10 on the LIV leaderboard in three of his five starts, with his best coming in Jeddah, where he finished T2. Perhaps more impressively, Oosthuizen finished T7 at LIV Miami, which took place at Doral’s “Blue Monster”, an absolutely massive golf course. Given that Louis is on the shorter side in terms of distance off the tee, his ability to play well in Miami shows how dialed he is with the irons this season.

In addition to the LIV finishes, Oosthuizen won back-to-back starts on the DP World Tour in December at the Alfred Dunhill Championship and the Mauritus Open. He also finished runner-up at the end of February in the International Series Oman. The 41-year-old has been one of the most consistent performers of 2024, regardless of tour.

For the season, Louis ranks 4th on LIV in birdies made, T9 in fairways hit and first in putting. He ranks 32nd in driving distance, but that won’t be an issue at this short course. Last season, he finished T11 at the event, but was in decent position going into the final round but fell back after shooting 70 while the rest of the field went low. This season, Oosthuizen comes into the event in peak form, and the course should be a perfect fit for his smooth swing and hot putter this week.

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Opinion & Analysis

The Wedge Guy: What really makes a wedge work? Part 1

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Of all the clubs in our bags, wedges are almost always the simplest in construction and, therefore, the easiest to analyze what might make one work differently from another if you know what to look for.

Wedges are a lot less mysterious than drivers, of course, as the major brands are working with a lot of “pixie dust” inside these modern marvels. That’s carrying over more to irons now, with so many new models featuring internal multi-material technologies, and almost all of them having a “badge” or insert in the back to allow more complex graphics while hiding the actual distribution of mass.

But when it comes to wedges, most on the market today are still single pieces of molded steel, either cast or forged into that shape. So, if you look closely at where the mass is distributed, it’s pretty clear how that wedge is going to perform.

To start, because of their wider soles, the majority of the mass of almost any wedge is along the bottom third of the clubhead. So, the best wedge shots are always those hit between the 2nd and 5th grooves so that more mass is directly behind that impact. Elite tour professionals practice incessantly to learn to do that consistently, wearing out a spot about the size of a penny right there. If impact moves higher than that, the face is dramatically thinner, so smash factor is compromised significantly, which reduces the overall distance the ball will fly.

Every one of us, tour players included, knows that maddening shot that we feel a bit high on the face and it doesn’t go anywhere, it’s not your fault.

If your wedges show a wear pattern the size of a silver dollar, and centered above the 3rd or 4th groove, you are not getting anywhere near the same performance from shot to shot. Robot testing proves impact even two to three grooves higher in the face can cause distance loss of up to 35 to 55 feet with modern ‘tour design’ wedges.

In addition, as impact moves above the center of mass, the golf club principle of gear effect causes the ball to fly higher with less spin. Think of modern drivers for a minute. The “holy grail” of driving is high launch and low spin, and the driver engineers are pulling out all stops to get the mass as low in the clubhead as possible to optimize this combination.

Where is all the mass in your wedges? Low. So, disregarding the higher lofts, wedges “want” to launch the ball high with low spin – exactly the opposite of what good wedge play requires penetrating ball flight with high spin.

While almost all major brand wedges have begun putting a tiny bit more thickness in the top portion of the clubhead, conventional and modern ‘tour design’ wedges perform pretty much like they always have. Elite players learn to hit those crisp, spinny penetrating wedge shots by spending lots of practice time learning to consistently make contact low in the face.

So, what about grooves and face texture?

Grooves on any club can only do so much, and no one has any material advantage here. The USGA tightly defines what we manufacturers can do with grooves and face texture, and modern manufacturing techniques allow all of us to push those limits ever closer. And we all do. End of story.

Then there’s the topic of bounce and grinds, the most complex and confusing part of the wedge formula. Many top brands offer a complex array of sole configurations, all of them admittedly specialized to a particular kind of lie or turf conditions, and/or a particular divot pattern.

But if you don’t play the same turf all the time, and make the same size divot on every swing, how would you ever figure this out?

The only way is to take any wedge you are considering and play it a few rounds, hitting all the shots you face and observing the results. There’s simply no other way.

So, hopefully this will inspire a lively conversation in our comments section, and I’ll chime in to answer any questions you might have.

And next week, I’ll dive into the rest of the wedge formula. Yes, shafts, grips and specifications are essential, too.

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