Thursday, November 5, 2026
Law

Judge in WBD-NBA Suit Was Part of Legendary Deal That Cost NBA $500 Million

  • Cohen represented the Silna brothers, who previously owned the Spirits of St. Louis in the ABA. 
  • The brothers netted more than $800 million long-term for their team not being part of the 1976 merger.
Ron Chenoy-USA TODAY Sports

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

It turns out that the judge in Warner Bros. Discovery’s lawsuit against the NBA is intimately familiar with the league’s media-rights wheelings and dealings. He represented two brothers in a settlement with the league that ultimately netted them hundreds of millions of dollars in 2014.

WBD sued the NBA on Friday, claiming that the league choosing Amazon was an “unjustified rejection of our matching of a third-party offer.” The NBA said that “Warner Bros. Discovery’s claims are without merit and our lawyers will address them.”

The case was filed under seal in New York County Supreme Court. On Monday night, legal reporter Daniel Wallach reported on a letter from Justice Joel M. Cohen, alerting both sides to a potential conflict of interest.

Before being appointed a judge in 2018, Cohen was a partner in a case against the NBA. Cohen represented the Silna brothers, Ozzie and Daniel, the former owners of the Spirit of St. Louis basketball team, which played in the American Basketball Association. When the ABA merged with the NBA in 1976, the Spirits were left out of the new league. The Silnas then made one of the greatest deals in the history of the business of sports. 

With their team dissolving, the Silnas made a deal. They agreed to cease operations in exchange for a slice—approximately one-seventh—of the future TV broadcast revenues from the four ABA teams joining the NBA. The deal was for as long as the new-look NBA continued to exist, which has amounted to perpetuity. (At the time, the NBA’s popularity was minuscule compared to what it is today.) While the league’s profile rose, so did the Silnas’ pile of cash. For context, former Kentucky Colonels owner John Y. Brown got just $3 million to fold his team. 

As of 2013, the brothers had netted $300 million from the arrangement. The NBA realized the impact the arrangement would continue to have on its books and sought to buy them out. Cohen represented the brothers in the renegotiated settlement; the league and the Silnas ultimately settled in 2014 for $500 million. 

“I do not believe this raises any recusal issues, but wanted to disclose the facts and see if there are any concerns,” Cohen wrote to the parties in the WBD-NBA case. 

While never big winners in the ABA, the Spirit of St. Louis had future Hall of Famer Moses Malone briefly play for them during the 1975–76 season, when the team’s coach was Rod Thorn. Thorn went on to become a successful general manager who drafted Michael Jordan out of North Carolina in 1984. 

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Aug 23, 2026; Westfield, Indiana, USA; Bryson DeChambeau tees off on hole 11 during the final round of the LIV Golf Indianapolis golf tournament at The Club at Chatham Hills.
Breaking

LIV Golf Is Shutting Down, Lawyers Confirm in Bankruptcy Hearing

The Saudi PIF spent more than $5 billion on LIV since the league launched.
Nov 2, 2026; Philadelphia, Pennsylvania, USA; Philadelphia 76ers forward LeBron James (23) controls the ball against the Chicago Bulls during the first quarter at Xfinity Mobile Arena.
Exclusive

LeBron James Demands AI Betting App Stop Using His Likeness

James’s camp sent the company a cease and desist letter.
LPGA golfers pose for a photo during WTGL Media Day at SoFi Center in Palm Beach Gardens, Florida on September 20, 2026.
First at FOS

WTGL’s First Season Will Pay Players $11M in Prize Money

Individual player payouts will be tied to team finish and player participation.
Good Good Golf

Fired Good Good Exec Sues for $1M, Denies Approving Controversial Ad

Good Good’s former CEO cast blame for the ad on its marketing team.
podcast thumbnail mobile
Front Office Sports Today

11/5/26 – Owners’ $100M Midterm Miss, College Sports Bill’s Uncertain Future, Peyton Tops ‘MNF’ List

0:00

Featured Today

Pickering High School North

High School Athletic Directors Say They’re Running ‘Mini Colleges’

ADs are managing a growing list of demands from athletes and parents.
October 30, 2026

How Injuries Hit Pro Marathoners in the Wallet

Staying healthy can get expensive—quickly.
Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match
October 21, 2026

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.
First at FOS

Broker in NFL Loan Scam Files for Chapter 11 Bankruptcy

The company arranged millions in loans to convicted fraudster Luther Davis.
Ohio Gov. Mike DeWine delivers a statement condemning the death penalty during a news conference at his office in Columbus on June 16, 2026.
October 16, 2026

NCAA Sues Ohio Governor Over Fifth-Year Eligibility Order

Ohio Gov. Mike DeWine signed the executive order Tuesday.
Jun 12, 2024; Dallas, Texas, USA; Dallas Cowboys former running back Emmitt Smith attends game three of the 2024 NBA Finals between the Boston Celtics and the Dallas Mavericks at American Airlines Center.
November 3, 2026

Emmitt Smith Hits Back After Lawsuit Over Failed $2.5M Solar Deal

The longtime Cowboys running back wants the plaintiff sanctioned.
Sponsored

How Jeremy Bloom Is Reinventing the X Games

Jeremy Bloom discusses transforming the X Games into a global brand.
October 13, 2026

PTPA Boss Accused of Harassment, Sexist Conduct in New Suit

The PTPA is listed as both a plaintiff and a defendant.
First at FOS
October 13, 2026

Controversial Search Firm Memo on Brian Flores Unsealed by Court

The memo is evidence for several of Flores’s claims, his lawyers say.
October 5, 2026

WPBL Records Case Alive Despite Board Member’s Firing

The league’s CEO tried to end the board member’s case by firing her.
Mar 16, 2026; Inglewood, California, USA; LA Clippers owner Steve Ballmer reacts against the San Antonio Spurs in the first half at Intuit Dome. Mandatory Credit: Kirby Lee-Imagn Images
Exclusive
October 2, 2026

Ballmer Drops Lawyer Who Called NBA Probe a ‘Witch Hunt’

O’Melveny & Myers had been representing Ballmer in multiple matters.