[Vardon] One former Aspiration employee interviewed by Wachtell… said that they were asked about Leonard; his uncle and business manager Dennis Robertson; Aspiration and its internal dynamics; and the Clippers organization. The employee, however, said he was not asked about Ballmer.
Some interviewed by Wachtell during its investigations have questioned what the firm’s parameters are and if the NBA set them. One former Aspiration employee interviewed by Wachtell and granted anonymity by The Athletic to protect their privacy, said the questions in the interview were too pointed (echoing a similar criticism raised from the Sarver investigation). The former Aspiration employee said that they were asked about Leonard; his uncle and business manager Dennis Robertson; Aspiration and its internal dynamics; and the Clippers organization. The employee, however, said he was not asked about Ballmer.
Ballmer carries enormous influence in the NBA. His net worth is estimated at \(134 billion, whereas the entire league has a valuation of \)160 billion. He sits on one of the most important committees for the league’s Board of Governors. That’s serious firepower at Ballmer’s disposal to fight any ruling from the league. Ballmer is not only hosting the All-Star Game this month, but also Intuit is the site for the 2028 Olympic basketball tournament.
Allies of Sarver who interviewed with Wachtell Lipton said they felt the attorneys were searching for a specific outcome, based on pointed questions. The Sarver employees who felt he was guilty of what the ESPN story alleged were stunned not by the questions they were asked, but by the result of Wachtell Lipton’s work.
The firm’s written report, summarizing and then explaining in great detail its findings, was published in September 2022, nine months after the Wachtell investigation began. Anders’ team corroborated most of what the ESPN story found, saying in the report: “Sarver has engaged in conduct that clearly violated common workplace standards … this conduct included the use of racially insensitive language; unequal treatment of female employees; sex-related statements and conduct; and harsh treatment of employees that on occasion constituted bullying.”
But in the same executive summary, the Wachtell report also said that from the “totality of the evidence reviewed by investigators, the investigation makes no finding that Sarver’s conduct was motivated by racial or gender-based animus.”
The final report was written by Wachtell lawyers but, like its other public reports, was released with NBA approval and input. In that report, authors named numerous initiatives, including hiring practices, Sarver had engaged in to strengthen minority communities as evidence that his racist commentary did not make him a racist. That was then relied on as part of the reason the league didn’t strip the team from him.
“If anybody’s worried that Wachtell Lipton slanted this thing to get Sarver out of the NBA, I don’t feel that they did,” one former Suns official who was interviewed by Wachtell Lipton said. “But I think if you look at it objectively, if it was slanted in any way, it protected him a lot more than any normal person would have been protected by their employer if they had done just a fraction of what (Sarver) did, of what (Wachtell Lipton) had proven and confirmed he did.”
Sarver didn’t relinquish control of the Suns until after then-Suns star player Chris Paul and LeBron James said Silver’s punishment was not severe enough. James, perhaps the most dominant voice of all NBA players at the time, said on social media, “our league definitely got this wrong,” and Paul said Silver’s sanctions “fell short of addressing … truly atrocious behavior.” Suns jersey sponsor PayPal went further, threatening to end its partnership with the team if Sarver was the team owner in 2023-24. Facing enormous pressure, Sarver agreed to sell.
The results of Wachtell’s probe of Leonard’s contract with Aspiration are not expected until after the NBA All-Star Game, which, coincidentally, Ballmer will host this weekend at the Intuit Dome in Los Angeles, the league’s newest arena, which cost Ballmer more than $2 billion to build.