Ask a Lawyer: Could Ovechkin and/or Kovalchuk legally get out of their NHL contracts?

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With all the rhetoric emanating from each side of the NHL’s labor dispute, we’ve decided to bring in an actual lawyer to answer a series of questions. Hopefully it will prove useful to you, the reader, because it’s costing us $500 an hour. Please welcome to ProHockeyTalk, sports legal analyst Eric Macramalla.

PHT: Greetings, Eric. Both Alex Ovechkin and Ilya Kovalchuk have threatened to stay in the KHL should a new NHL CBA effectively reduce salaries on current contracts. Ovechkin thinks “it would be possible to annul [his contract with the Capitals] through the court.”

Could these guys actually legally get out of their contracts?

EM: Not really — but sort of. (And yes, it is these types of nonsensical answers that make people hate lawyers.)

First, as I covered here, if the players and owners agree on a rollback and that agreement is dropped in the CBA, then that pay reduction is lawful. So that means Ovechkin or Kovalchuk wouldn’t be able to say that their cut in pay is somehow unlawful, and by extension, grounds to invalidate their contracts. However, they might still be able to get out of them.

An NHL contract, which is called a “Standard Player Contract” or an “SPC”, provides at Section 14(b) that a team has the right to terminate a contract if that player shall “fail, refuse or neglect to render his services hereunder or in any other manner materially breach this Contract”.

Not rendering services would include not showing up for work. So while Ovechkin and/or Kovalchuk wouldn’t be in a position to challenge the validity of their contracts, they could elect not to return to the NHL, thereby setting in motion a series of events that would end with their clubs terminating their contracts.

Before termination, that same SPC at Section 4 says that a team can suspend a player without pay for not discharging the obligations under his contract. Again, that would include not playing for the team.

Their teams could also look to sue for breach of contract, which would entitle them to an award of monetary damages. They wouldn’t, however, be able to sue to force the players to come back and play.

There is one more issue. The NHL and the KHL have an understanding that each league will honor the contracts of the other league.

“[NHL deputy commissioner] Bill Daly confirmed in writing what our practice has been, namely, we respect their contracts and we expect them to respect ours.” commissioner Gary Bettman said.

So there would be pressure on the KHL not to allow Ovechkin and/or Kovalchuk to play in its league. However, it would just be that – pressure. As it stands, there would be no real legal recourse for the NHL if it wanted to force the KHL to bar the players from playing.

In conclusion, if Ovechkin and/or Kovalchuk were really disenchanted with the new CBA, they could take steps to walk away from the NHL.

Something tells me, though, that’s not going to happen.

Eric Macramalla is a partner at a national law firm and TSN’s sports legal analyst. He has covered the legal side of all major sports stories, including the NFL and NBA lockouts, the Saints Bountygate, Barry Bonds and Roger Clemens perjury trials, the Ilya Kovalchuk dispute and the Jerry Sandusky case. You can follow him on Twitter at@EricOnSportsLaw and his sports law blog is located at www.OffsideSportsLaw.com.

Related:

Ask a Lawyer: Would the NHLPA ever try to decertify to end the lockout?

Stepan: ‘I’ve stunk since the playoffs started’

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Derek Stepan knows he’s not playing very well, and he knows he’ll have to be better if the New York Rangers are going to make it past the Ottawa Senators.

With just one goal (an empty-netter) and one assist in seven playoff games, Stepan’s offensive production has fallen off a cliff after a respectable 55-point regular season, which included 38 assists.

“I’ve stunk since the playoffs started,” Stepan said, per NHL.com’s Dan Rosen. “I’ve been not very good with the puck.”

An all-situations center, Stepan is more than just an offensive type. But he’s produced in previous playoff runs, and the Rangers need him to produce now — especially against a tight-checking Sens team that boasts a 2.00 goals-against average in these playoffs.

Stepan has 45 points (18G, 27A) in 92 career playoff games.

To be fair, he’s not the only Ranger who needs to get going offensively. One of the Blueshirts’ big strengths during the regular season was their balanced scoring, with all four lines contributing — and that’s not happening right now.

No Bieksa for Anaheim tonight, but Vatanen could return

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The Ducks will be without their most veteran skater on Friday as they look to even up their series with Edmonton.

Kevin Bieksa, who exited Game 1 with a lower-body injury following a collision with fellow d-man Shea Theodore, has been ruled out for tonight’s Game 2. It marks the first tilt the 35-year-old will miss this postseason.

Bieksa was enjoying a pretty good playoff prior to getting hurt. He racked up four assists in five games, while averaging just under 17 minutes per night. Ducks head coach Randy Carlyle is holding out hope Bieksa could return later in the series.

While this is a loss for the Ducks, it goes a long way in illustrating how much defensive depth they have.

While Carlyle wouldn’t confirm, all signs point to Sami Vatanen drawing in for Bieksa. Vatanen has been out since Game 1 of the Calgary series with an upper-body injury, but has resumed practicing and sounds like he’s ready to go.

“It’s always nice when a player is closer to coming back and you can potentially put them back in the lineup,” Carlyle said of Vatanen.

Anaheim dressed a blueline of Bieksa, Theodore, Cam Fowler, Josh Manson, Hampus Lindholm and Brandon Montour in Wednesday’s 5-3 defeat. If Vatanen can’t draw in for Bieksa, the club still has Korbinian Holzer in reserve.

 

 

Ducks say they’ve allowed Draisaitl too much freedom, too much fun

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Given the nicknames bestowed on Leon Drasaitl recently — the German Gretzky, Certified Duck Killer — it’s safe to assume the big Oilers forward is having a pretty good time.

That’s something Anaheim wants to put to an end, starting tonight.

“He’s a power forward and we’re allowing him too much freedom. He’s having too much fun,” Ducks head coach Randy Carlyle told the Journal, after Drasaitl went off for four points in Wednesday’s series-opening win.  “I don’t know how I can put it any simpler.”

The 21-year-old has made a habit of tormenting Anaheim this season. He has goals in five of seven career games at the Honda Center and, in his last 11 tilts versus the Ducks, has racked up an whopping 17 points.

Coming into this second round series, most of the focus was on how Carlyle and company would shut down Connor McDavid.

But now it appears they have another matchup issue on their hands.

Carlyle’s most logical choice is to put out the Ryan Kesler line against McDavid, given Kesler’s stout defensive play and ability to shut down opposing centers. But in terms of straight matching, that puts plenty of responsibility on Kesler’s wingers — especially Andrew Cogliano — to deal with Draisaitl. He has good size (6-foot-1, 216 pounds) and has been bolstered by McDavid’s playmaking ability.

As such, there’s a fascinating game-within-a-game to watch this evening. Carlyle has the benefit of last change. The forward matchups will be worth monitoring, but so will the defense — veteran blueliner Kevin Bieksa is doubtful after exiting Game 1 with a lower-body injury, but Sami Vatanen could return after sitting out since Game 1 of the Calgary series.

 

 

Canucks could really use Patrick or Hischier

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The Vancouver Canucks are hoping for better luck in tomorrow’s draft lottery. If they receive it, they may get a player who can step right into their lineup, and stay there for years to come.

The top two picks in the 2017 draft are expected to be centers Nolan Patrick and Nico Hischier.

It remains to be seen who will go first overall. Patrick was the consensus pick for a while, but Hischier started to gain ground with an impressive showing for Switzerland at the World Juniors.

“I think the top two players in this draft have the potential to maybe step in and play next year and be productive players at the NHL level,” said Canucks GM Jim Benning. “But I think the next three players, whether you’re looking at a play-making center, or potentially a power-play defenseman, there’s good choices there too.”

Gabe Vilardi, Casey Mittelstadt, and Cody Glass are centers the Canucks could select if they fall out of the top two. Cale Makar, Miro Heiskanen, and Timothy Liljegren are options on defense.

But getting Patrick or Hischier would be a huge win for a team that will soon have to replace Henrik Sedin, who turns 37 in September.

Benning says Patrick offers a combination of size (6-3, 198), skill and hockey sense, with “no real weakness in his game.”

As for Hischier, it’s his speed that really stands out.

“He’s built for today’s game,” said Benning. “His speed going through the neutral zone is fun to watch.”

The Canucks have the second-best odds to win the draft lottery. The furthest they can fall is to fifth.

Last year, Vancouver fell two spots from third to fifth, with Winnipeg and Columbus moving up. The Canucks drafted Finnish defenseman Olli Juolevi with their selection.

Draft lottery odds

Colorado Avalanche 18.0%
Vancouver Canucks 12.1%
Vegas Golden Knights* 10.3%
Arizona Coyotes 10.3%
New Jersey Devils 8.5%
Buffalo Sabres 7.6%
Detroit Red Wings 6.7%
Dallas Stars 5.8%
Florida Panthers 5.4%
Los Angeles Kings 4.5%
Carolina Hurricanes 3.2%
Winnipeg Jets 2.7%
Philadelphia Flyers 2.2%
Tampa Bay Lightning 1.8%