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?

Early thoughts – and praise – for Capitals landing Kevin Shattenkirk

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Jaws dropped around the hockey world when news broke that the Washington Capitals landed Kevin Shattenkirk in a blockbuster trade. Heads were then scratched as people tried to make sense of the “conditions” of a conditional second-rounder involved in the move.

With a little time for the smoke to clear and with the assets revealed, here are some scattered thoughts.

PHT will likely cover more of the fallout on Tuesday and beyond, though, so stay tuned.

Brian MacLellan deserves consideration as a top GM

Judging an executive can be really tricky; while a GM of the Year award is easy to justify, it’s also easy to mock. Even the best managers inherit a roster (aside from MacLellan’s predecessor George McPhee, who will build one in Vegas), so you have to credit some successes to the guy who came before.

And, yes, McPhee helped put together a core that includes Alex Ovechkin, Braden Holtby and Nicklas Backstrom.

Even so, MacLellan evokes Stan Bowman in masterfully adding tremendous electrons to a fantastic nucleus.

He added Matt Niskanen (and, admittedly, flubbed it with Brooks Orpik) to beef up a defense to help the shrewd hiring of Barry Trotz as head coach. Trotz seems like he’s ending what was a busy procession of shaky bench bosses.

MacLellan really nailed it the next summer, trading for T.J. Oshie and signing Justin Williams to a bargain deal. A year later, the Capitals added a fantastic third-line center option in Lars Eller via a smart trade.

And now this. It’s not clear where Kevin Shattenkirk will fit in the Capitals’ lineup, but either way, he boosts an already formidable group.

Misc.

Let’s lightning round some other thoughts.

  • Scottie Upshall joked about all the one-timers Shattenkirk is primed to set up for Alex Ovechkin … but he has a point.
  • It’s difficult to imagine the Capitals re-signing Shattenkirk, putting continued emphasis on the talk of Washington being in the last season of a “two-year window” to make their greatest push for a Stanley Cup. At the same time, there aren’t a lot of problem contracts beyond Orpik’s in Washington, so the plus side is that MacLellan can also show how he might be Bowman-like in making the right calls in who to bring back. Make no mistake about it, getting Shattenkirk is about now, not later.
  • Oh yeah the Capitals also got a nice sneaky bonus in landing Pheonix Copley, who better have the nickname “typo.”

All things considered, it’s no surprise that the Capitals are excited.

There’s at least a chance Shattenkirk might be able to suit up for Washington as soon as Tuesday’s game against the New York Rangers at Madison Square Garden, but either way, this sure looks like a slam dunk.

Wild just wouldn’t stay down, edge Kings in OT

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Don’t blame Ben Bishop if, deep down, he was glad that he didn’t make his Los Angeles Kings debut on Monday.

After seeing the kind of speed, drive and all-around electric play displayed by the Minnesota Wild, you can understand a goalie shuddering at the often wide-open action. Despite falling behind four times against the Kings, the Wild ultimately edged Los Angeles 5-4 in an overtime thriller.

Mikael Granlund‘s 20th goal of the season ended it in OT, and quickly. And it was beautiful:

…. Unless you’re Jonathan Quick and the Kings, that is.

Granlund is absolutely on fire right now.

Ryan White made a great first impression for the Wild, scoring a goal and an assist (while displaying great flow). Martin Hanzal wasn’t able to score, though he did make his presence felt with five hits. And, again, Bishop might have secretly been relieved to put his Kings debut on hold.

Marian Gaborik turned back the clock a bit to his Wild prime, scoring a goal and an assist. He generally made quite a bit happen for Los Angeles.

It was a tough one for Anze Kopitar, meanwhile, who was unable to generate offense and suffered a -3. He wasn’t able to stop Granlund in OT, though who could?

The Wild still must worry as mumps sidelined at least Zach Parise and Jason Pominville, but for now, they’re battling on. Just ask the Kings how resilient this group really is.

Sell this: Kucherov, Lightning put trades behind them, blast Senators

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The Tampa Bay Lightning might be in sell mode, but that doesn’t mean their players are quitting on this season.

After shipping Ben Bishop and Brian Boyle out of town, they could have rolled over against a hungry Ottawa Senators team. Instead, they blew them out, winning 5-1 on Monday.

Nikita Kucherov was the biggest standout, collecting a natural hat trick, which you can watch above. (He also generated an assist.)

Jonathan Drouin had a big night in his own right, assisting on all three of Kucherov’s goals. Victor Hedman and Tyler Johnson generated two assists apiece, as well.

And, yes, Andrei Vasilevskiy inspired at least a few “Ben who?” jokes by making 39 out of 40 saves, including this beauty:

As you can see, Ottawa actually had a 1-0 lead at that point, so it could have been a different game if the agile goalie did do the splits there.

The Lightning are still five points out of the final wild card spot, trailing Boyle’s new team in the Toronto Maple Leafs. The Senators, meanwhile, find themselves slipping a bit out of the race to win the Atlantic Division, especially considering Montreal’s comeback win against New Jersey.

Tampa Bay may may not be done making moves and recognizing painful truth that the odds are against them rallying to a playoff spot. That said, nights like these make you wonder if a run is at least possible.

Canadiens’ big guns trigger comeback OT win against Devils

NEWARK, NJ - FEBRUARY 27:  Max Pacioretty #67 of the Montreal Canadiens celebrates the game winning power play goal by Alex Galchenyuk #27 at 2:54 of overtrime against the New Jersey Devils at the Prudential Center on February 27, 2017 in Newark, New Jersey.  The Canadiens defeated the Devils 4-3 in overtime.  (Photo by Bruce Bennett/Getty Images)
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Things were looking a little grim there for the Montreal Canadiens on Monday.

The New Jersey Devils had, at one point, a 2-0 lead. At least in some corners there were murmurs about a bad start for Claude Julien. Then their big guns swung the game.

The comeback started with Alex Radulov, though the drama was just beginning:

Travis Zajac made it 3-1 for the Devils on the power play, only for Radulov to assist on two Max Pacioretty goals to send the game to overtime.

From there, Alex Galchenyuk scored the overtime-winner for Montreal on the man advantage. Radulov got yet another secondary assist – he ended up with four points tonight – while Shea Weber nabbed the primary helpers on the last two tallies.

Long story short, the Canadiens biggest names came through, allowing Julien to maybe utther a sigh of relief.