Kovalchuk and Ovechkin

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


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.


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

DiMaio named Blues’ director of player personnel

via St. Louis Blues
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The St. Louis Blues named Rob DiMaio their director of player personnel on Tuesday.

He’s been with the organization for some time. He joined as a pro scout in 2008 and was the pro scouting director starting in August 2012.

He was also a scout for the Dallas Stars before landing with the Blues (one would assume his biggest connection is GM Doug Armstrong, then).

In case his nose didn’t give it away, he also enjoyed a lengthy hockey career over 19 seasons.

No doubt about it, this is a pivotal season for the Blues after multiple campaigns in which strong regular seasons dissolved into playoff disappointments. Perhaps DiMaio can make a difference in a heightened role?

Hitchcock going to more aggressive attack for Blues

Ken Hitchcock

ST. LOUIS (AP) After three straight first-round playoff exits, the St. Louis Blues have learned to temper expectations.

They have been consistently among the NHL’s best in the regular season and realize it is past time to build something for the long haul. The sting still lingers from the latest failure, against the Minnesota Wild last spring.

“We’re all disappointed, everybody can agree on that,” defenseman Alex Pietrangelo said. “It’s never easy to kind of think about your failures, but we grow every time it happens.”

Management isn’t ready to tear it all down yet.

“We play, in my opinion, one of the toughest if not the toughest division in the NHL, and we’ve finished first or second in the last four years,” forward Alexander Steen said. “So we have an extremely powerful team.”

Maybe a change in strategy will be enough: Coach Ken Hitchcock is back with a mandate for a more aggressive, even reckless, style of play from a roster that hasn’t changed appreciably.

“We’re coming hard from the back and we’re coming hard to see how close we can get to the attack,” Hitchcock said. “I think it’s where the game’s at; I think it’s where the game’s going to go.”

The 63-year-old Hitchcock is pushing forward, too, unwilling to dwell on the flameouts. Coach and players agree that would be “wasted energy.”

“My opinion is when you sit and think about the past, you do yourself no good,” Hitchcock said. “If you learn from the past, that’s when you do yourself a whole bunch of good.”

There were only two major roster casualties. Forward Troy Brouwer came from Washington in a trade for fan favorite T.J. Oshie. Defenseman Barret Jackman, the franchise career leader in games, wasn’t re-signed.

“If you were expecting 23 new faces to be on the roster this year, I don’t think that was realistic,” captain David Backes said. “We’re going to miss those guys in the room and on the ice, but there has been some changeover and I think it’s pretty significant.”

Things to watch for with the Blues:

GOALIE SHUFFLE: Just like last year, there’s no true No. 1 with Brian Elliott and Jake Allen sharing duties. The 25-year-old Allen missed a chance to seize the job last spring when he failed to raise his level in the playoffs.

TOP THREAT: Vladimir Tarasenko had a breakout season with 37 goals and was rewarded with an eight-year, $60 million contract. The 23-year-old winger is by far the Blues’ most dangerous scoring option and said he won’t let the money affect his play. “I never worry about it,” Tarasenko said. “If you play good, you play good.”

NEW FACES: Brouwer and center Kyle Brodziak add a physical element that was perhaps lacking a bit last season. Brouwer has three 20-plus goal seasons and Brodziak, acquired from Minnesota, fills a checking role. Veteran forward Scottie Upshall got a one-year, two-way deal after being coming to camp as a tryout. Rookie forward Robby Fabbri, a first-round pick last year, will get an early look. Another promising youngster, forward Ty Rattie, begins the year at Chicago of the AHL.

RECOVERY WARD: Forward Jori Lehteri bounced back quickly from ankle surgery and opens the season without restrictions. Another forward, Patrik Berglund, could miss half of the season following shoulder surgery.

TRACK RECORD: The Blues won the Central Division last season and Hitchcock, fourth on the career list with 708 regular-season wins, has consistently had the team near the top of the standings. “He is our coach, tough cookies if you don’t like it,” Backes said. “From my experience, he puts together one heck of a game plan.”