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?

Here’s your Stanley Cup playoffs schedule for tonight

Stanley Cup
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After three full days without NHL action, the Stanley Cup Final between the Pittsburgh Penguins and San Jose Sharks will get underway tonight. You can watch the game via the NBC Sports Group’s television and digital platforms.

San Jose at Pittsburgh (8:00 p.m. ET)

The television broadcast of Game 1 will be on NBC. To stream the contest using the Live Extra app, click here.

We wrote a lot about this series over the weekend. If you haven’t taken a look yet, here are the relevant links:

Penguins or Sharks? PHT makes its Stanley Cup Final picks

Penguins, Sharks discuss bumpy road to Stanley Cup Final

Yes, Thornton and Marleau have been dreaming of a run like this

Sharks and DeBoer ready for Pittsburgh, ‘the fastest team in the league’

Fleury: Now’s not the time to think about future in Pittsburgh

Should Lightning trade Bishop and hand the torch to Vasilevskiy?

Pittsburgh Med: Bonino ‘fine,’ Letang MIA and Daley not ruling out a return (Update)

Matt Nieto should be available to play in Game 1 of the Stanley Cup Final

Subtle but effective offseason pushed Sharks to next level

Report: Semin will stay in KHL for 2016-17

OTTAWA, ON - OCTOBER 11:  Alexander Semin #13 of the Montreal Canadiens skates during the NHL game against the Ottawa Senators at Canadian Tire Centre on October 11, 2015 in Ottawa, Ontario, Canada.  The Montreal Canadiens defeated the Ottawa Senators 3-1.  (Photo by Minas Panagiotakis/Getty Images)
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It seems there will be no NHL comeback attempt by Alex Semin. At least not in 2016-17.

Instead, Semin has inked a one-year extension with Magnitogorsk Metallurg, according to Sport-Express writer Igor Eronko.

At 32 years old, Semin still could have a lot of years left in him as a professional hockey player, but at this point it wouldn’t be surprising if he has played in his last NHL game. Early in his career his talent was clear and demonstrated by some great showings offensively, but he was plagued by inconsistency. In recent years though, he wasn’t so much inconsistent as he was underwhelming.

After being limited to six goals and 19 points in 57 games with Carolina in 2014-15, the one-time 40-goal scorer was bought out of his five-year, $35 million contract just two seasons into it. Montreal took a chance on him for 2015-16, but he only appeared in 15 games with the Canadiens before they put him on unconditional waivers on Dec. 9.

He’s fared better in the KHL though, with five goals and 14 points in 20 regular season games followed by another seven markers and 15 points in 23 playoff contests.

PHT Morning Skate: Predicting the 2016 Stanley Cup Final

San Jose Sharks center Joe Pavelski celebrates after scoring a goal against the Minnesota Wild duyring the third period of an NHL hockey game Saturday, Jan. 23, 2016, in San Jose, Calif. San Jose won 4-3. (AP Photo/Eric Risberg)
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PHT’s Morning Skate takes a look around the world of hockey to see what’s happening and what we’ll be talking about around the NHL world and beyond.

Among the 21 NHL.com and NHL Network experts offering their prediction for the Stanley Cup Final, 17 of them are choosing the San Jose Sharks. (NHL.com)

The majority of ESPN’s experts are also picking the Sharks. (ESPN.com)

For CBS Sports, Adam Gretz and Chris Peters are split on the outcome. (CBS Sports)

Tickets for the first Stanley Cup Final in San Jose appear to be going for significantly more than their Pittsburgh Penguins counterparts. (Pittsburgh Post-Gazette)

Inspired by John Scott‘s comments, here’s the start of a World Cup All-Snubs’ team. (TSN)

Peter DeBoer said that then New Jersey Devils GM Lou Lamoriello fired him from the Devils’ head coaching job late at night on Christmas. The news then broke on Dec. 26. (Tom Gulitti)

Vegas tabs Joe Pavelski as Conn Smythe frontrunner

SAN JOSE, CA - MAY 21:  Joe Pavelski #8 of the San Jose Sharks awaits a face off against the St. Louis Blues in game four of the Western Conference Finals during the 2016 NHL Stanley Cup Playoffs at HP Pavilion on May 21, 2016 in San Jose, California.  (Photo by Christian Petersen/Getty Images)
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The Pittsburgh Penguins are Vegas favorites to win the 2016 Stanley Cup, but the odds lean toward a San Jose Sharks player capturing the Conn Smythe.

Bovada released a variety of odds on Sunday after others surfaced on Friday.

Joe Pavelski is pegged as a +400 favorite as a winner, edging some other top candidates such as Sidney Crosby, Phil Kessel and Matt Murray.

Here’s the full list:

Pavelski +400
Crosby +500
Kessel +500
Murray +500
Logan Couture +500
Martin Jones +600
Brent Burns +700
Joe Thornton +900
Evgeni Malkin +900
Kris Letang +1400

Bovada also released prop bets, including how long the series might last. Check that out here.