Nike lawyer: First Mr. Geragos. Then Mr. Avenatti. He wanted to confirm this meeting followed Rule 408 of the Evidence Code, if there's a lawsuit, what's said doesn't come in.
Nike lawyer: No. Mr. Avenatti mostly spoke about his media presence and his demand that we hire his firm to do an investigation.
Nike lawyer: No. He said it wasn't the client that was important but the claim. Later when Mr. Wilson pushed for it, Mr. Avenatti identified Mr. Franklin.
Srebnick: Objection.
Judge Gardephe: Overruled.
[nytimes.com/by/rebecca-r-r…]
AUSA Richenthal: Do you recall Mr. Avenatti using the word "costs"?
Nike lawyer: Yes.
AUSA Richenthal: Does a verdict require a lawsuit?
Nike lawyer: Yes. And Mr. Avenatti never mentioned any lawsuit.
Nike lawyer: Pay him.
AUSA Richenthal: No further questions.
Nike lawyer: That is correct.
Avenatti lawyer: And you've heard demands you felt were outrageous?
Nike lawyer: Where the money was too high, yes.
Nike lawyer: Yes.
Avenatti lawyer: And the plaintiff's counsel could hold a press conference, right? Nothing wrong with that?
Nike lawyer: They could hold a press conference, yes.
Nike lawyer: I wouldn't call it a bombshell... And he hasn't an executive, he was a director.
Nike lawyer. Correct... It's one of the firms that we use.
Avenatti lawyer: Mr Skinner was a former prosecutor with the SDNY, correct?
AUSA: Objection!
Judge Gardephe: Overruled.
Judge Gardephe: Can you explain what you are referring to?
Avenatti's lawyer: the Memo of Action, a gov't exhibit. So "Mister Lyman" (sp? Nike lawyer) this purports to an invoice...
Nike lawyer: If you pay a handler, or a coach, like Shawn Manning, he was running a program...
Avenatti's lawyer: So this invoice is not a cover up for a payment to a player?
Avenatti's lawyer: I'm referring to Cal Supreme mid summer challenge. Did you learn this was papering over a payment to a player?
AUSA: Your Honor, may we approach?
Judge Gardephe: Yes.
Sidebar.
Judge Gardephe: I disagree. You are overruled. She can ask if he came to know they were bogus. 2 invoices attached to GX 312
Avenatti lawyer E. Danya Perry: He is in charge of other lawyers. I want to ask him about their meetings with the government.
No one says no.
Mr. Ruocco: "All rise."
Now Judge leaves courtroom too.
Avenatti's lawyer Ms. Perry: So about this $15,000 invoice... Before the meeting with Mr. Avenatti, nothing was told to the US about it, and now you know it is not accurate?
Nike lawyer: It was for Shaun Manning to move players to Peach Jam.
Nike lawyer: We did later tell them.
Perry: Were there other invoices you learned were incorrect?
AUSA Richenthal: Objection. Beyond the scope of what we discussed.
Judge Gardephe: Overruled.
Nike lawyer: We have to tell me which invoice.
Perry: I'm asking about other invoices.
Nike lawyer: Mr Avenatti brought 2. I'd have to see.
Nike lawyer: We've gotten two subpoenas from the SEC.
Perry: About an investigation?
Nike lawyer: An investigation of grassroots basketball.
AUSA Richenthal: Objection.
Judge Gardephe: Sustained.
AUSA Richenthal: Objection.
Judge Gardephe: Overruled.
But nevertheless, there is now another sidebar.
Nike Lawyer: He said it would be about us having a bigger problem than Adidas.
Nike lawyer: It was a shakedown, it was, give me this or I'm going to do that to your company.
Nike lawyer: No.
Re-re-direct: AUSA Richenthal: Why didn't you tell Mr. Avenatti Rule 408 didn't apply?
Nike lawyer: He wasn't talking about litigation.
Ms Perry: Objection.
Judge Gardephe: Overruled. Jurors, you may go for the evening.