Kovalchuk and Ovechkin

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?

Sharks grind out win, make life difficult for Kings

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If the San Jose Sharks and Los Angeles Kings meet again, it will be in the playoffs. If they do so, the Sharks will hold quite a bit of a recent edge.

They defeated them in the first round of the 2016 playoffs and won the 2016-17 season series with the Kings after beating L.A. in a tight 3-2 affair on Wednesday.

During a week where leads have been flimsy and goals came in flurries, this one started off pretty hot. The Sharks generated a 2-1 lead in the first period, and then the two teams exchanged goals in the second, with Joe Pavelski‘s goal ultimately standing as the game-winner.

The Sharks won after a scoreless third period, keeping them in a position to take back first place in the Pacific Division:

1. Ducks – 59 points in 47 games
2. Oilers – 57 in 47
3. Sharks – 56 in 45

San Jose has an opportunity to make up that ground with its games in hand. The Kings, on the other hand, see their margin of error for a wild card spot dwindling:

Second wild card spot: Kings, 48 points in 45 games

Canucks – 48 in 46
Predators – 47 in 44
Stars – 46 in 46
Jets – 46 in 48

The Sharks made life easier for themselves while making it tougher for the Kings. If that’s the end of their interactions for 2016-17, Sharks fans should be quite happy.

Red Wings rally by Bruins in another game that evokes the Eighties

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Things looked pretty grim for the Detroit Red Wings after the Boston Bruins chased Jared Coreau from the net with a quick 3-0 lead. Maybe the Red Wings took note that this has been a weird, high-scoring week in the NHL, because they rallied back and eventually won 6-5 via a shootout.

To recap the zaniest games of each day from this odd few days of hockey:

Monday: The Pittsburgh Penguins beat the Washington Capitals 8-7 in an overtime thriller.

Tuesday: The Dallas Stars managed to hold off the New York Rangers in a 7-6 victory. Plenty of weird things happened beyond all of those goals.

Wednesday: Red Wings storm back from that 3-0 deficit to eventually win.

Games like these can be a nightmare for coaches and goalies on both sides, yet Claude Julien was probably especially steamed by this one.

The Bruins were up 3-0, 4-1 and 5-4 but the Red Wings kept fighting back. As a defensive-minded coach, Julien couldn’t have been happy with his team’s play.

(That’s the coach’s answer to slamming a video game controller in a frustrating loss.)

Fitting in with this week’s other wilder contests, there were flurries of goals even beyond the trio that quickly gave Coreau the boot. The Red Wings warped a 4-1 Bruins lead to a 4-4 tie with three goals in a little more than 10 minutes of time.

Adam McQuaid then regained Boston’s lead 21 seconds after it was tied, but the Red Wings didn’t give up. Instead, they applied a ton of pressure in the third period until Gustav Nyquist tied it up with about three minutes left.

Detroit still has a long way to go to protect its remarkable playoff streak, especially when teams like the Bruins can at least salvage “charity points” with losses. If the Red Wings want to make an unlikely push, they’ll need to show the kind of resolve that was on display on yet another wild night in the NHL.

Pavelec makes highlight reel save, gets win in return to Jets’ net

PHILADELPHIA, PA - MARCH 28:  Ondrej Pavelec #31 of the Winnipeg Jets dives across to make a first period save against the Philadelphia Flyers at the Wells Fargo Center on March 28, 2016 in Philadelphia, Pennsylvania. The Flyers defeated the Jets 3-2 in overtime.  (Photo by Bruce Bennett/Getty Images)
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With an expiring contract, Ondrej Pavelec’s time with the Winnipeg Jets is nearing an end. Plenty of Jets fans would say, mercifully.

Still, he did return to the Winnipeg Jets net on Wednesday for his first NHL appearance since April 9, 2016, to mostly successful results. The Jets beat the Arizona Coyotes 6-3, for one thing.

Beyond that, it probably felt like a typical Pavelec start for many Jets fans, though some would contest that it would also need to involve a loss.

There were those regrettable moments, like giving up a goal right away:

Even his critics would probably agree that Pavelec does have a knack for making breathtaking saves:

It’s unclear how many more times we’ll see Pavelec play for the Jets (or an NHL team in general). His performance – if given more chances – in the near future may determine that answer.

If nothing else, his 2016-17 debut felt pretty fitting.

Connor McDavid hits the 100-point mark, scores OT-winner (or did he?)

PHILADELPHIA, PA - DECEMBER 08: Connor McDavid #97 of the Edmonton Oilers skates with the puck against the Philadelphia Flyers in the third period at Wells Fargo Center on December 8, 2016 in Philadelphia, Pennsylvania.  (Photo by Rob Carr/Getty Images)
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PHT brings you the hard-hitting math, as you know, so here’s the latest burst: Connor McDavid is more than a point-per-game player.

You see, he scored the 100th point of his promising NHL career, and he did so in just his 92nd career game on Wednesday. Let us remind you that he’s just 20 years old (and he turned 20 on Jan. 13). Yeah.

Point 100 came on via an assist on a Zack Kassian goal as the Edmonton Oilers went up 1-0 against the Florida Panthers.

Here’s the clip:

Update: There’s debate regarding whether McDavid’s overtime-winner should have counted or not, but either way, it’s impressive that he generated a goal and an assist after hitting the 100-point mark. So it’s now 102 points in 92 games.

Here’s that contested goal: