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

12 Comments

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?

Full Schedule: 2018 Stanley Cup Final

Getty Images
Leave a comment

The 2018 Stanley Cup Final matchup is set and it will be the Washington Capitals against the Vegas Golden Knights.

So many different storylines to consider. George McPhee vs. his old team. Alex Ovechkin going for his first ever Cup ring. Former Penguin Marc-Andre Fleury against the Capitals. And the obvious one with the Golden Knights and their inaugural season success. It should be a fun one.

Here’s the full schedule:

Game 1 Monday, May 28 – Capitals at Golden Knights, 8 p.m. ET (NBC)
Game 2 Wednesday, May 30 – Capitals at Golden Knights, 8 p.m. ET (NBCSN)
Game 3 Saturday, June 2 – Golden Knights at Capitals, 8 p.m. ET (NBCSN)
Game 4 Monday, June 4 – Golden Knights at Capitals, 8 p.m. ET (NBC)
Game 5* Thursday, June 7 – Capitals at Golden Knights, 8 p.m. ET (NBC)
Game 6* Sunday, June 10 – Golden Knights at Capitals, 8 p.m. ET (NBC)
Game 7* Wednesday, June 13 – Capitals at Golden Knights, 8 p.m. ET (NBC)
* = If necessary

MORE:
NBC’s Stanley Cup Playoff Hub

————

Sean Leahy is a writer for Pro Hockey Talk on NBC Sports. Drop him a line atphtblog@nbcsports.com or follow him on Twitter @Sean_Leahy.

Ovechkin, Capitals headed to Stanley Cup Final after Game 7 triumph

13 Comments

Alex Ovechkin will get his chance.

The Great 8 will contest for the Stanley Cup after his Washington Capitals defeated their past demons and the Tampa Bay Lightning 4-0 in Game 7 of the Eastern Conference Final on Wednesday.

Yes, the Capitals — a team that had to overcome a horrific playoff record against the Pittsburgh Penguins in the second round and then had to deal the disappointment of beginning the Conference Final with wins in Games 1 and 2 only to drop three straight to trail 3-2.

They took care of business in Game 6, and that train kept chugging along into Game 7.

Ovi put his stamp on Game 7 just 62 seconds in as he wired a one-timer past Andrei Vasilevskiy.

The first period was a wild affair, filled with scuffles, a fight and stolen jersey.

And then Andre Burakovsky arrived.

Burakovsky missed the first 12 games of the plays because of injury and then followed that up with seven games without a point.

He revealed earlier in the series that he lays a mental beating on himself too often. So Game 7 must have felt pretty good.

Burakovsky scored on two separate breakaways in the second period.

The first came off a brutal giveaway from Dan Girardi in his own zone. His second came after the Lightning got caught on a bad change.

Tampa looked like a shell of their former selves. They dusted themselves off after dropping the first two at home, but simply stopped scoring after the 33-second mark in the second period of Game 5.

[PHT’s Three Stars]

Braden Holtby showed up at precisely the right moment in the series, posting consecutive shutouts to close out the series.

Steven Stamkos and Nikita Kucherov, meanwhile, were far from brilliant. No one over the last seven periods and change was on the Lightning.

The Lightning went 159:33 without scoring. Ouch.

You can’t win games when you don’t score, something the Lightning will have all summer to ponder. They led the NHL with 296 goals this season, all of which means sweet nothing now.

And now the attention turns to one of the more intriguing Cup Finals in a long time.

One of the greatest players of all-time with a chance to win his first Cup silence his critics after years of disappointment against the best story in sports, period.

Game 1 of the Stanley Cup Final begins Monday, May 28 at 8 p.m. ET on NBCSN.

In the words of Bart Scott, “Can’t wait.”

MORE:
NHL Playoffs 2018: Stanley Cup Final TV Schedule

Scott Billeck is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @scottbilleck

PHT’s Three Stars: Burakovsky’s goals push Capitals into Stanley Cup Final

3 Comments

1st Star: Andre Burakovsky, Washington Capitals

After being benched earlier in the series, Burakovsky responded in a big way in Game 7 scoring twice as the Capitals moved on to the Stanley Cup Final with a 4-0 win over the Tampa Bay Lightning.

2nd Star: Braden Holtby, Washington Capitals

Holtby finished the Eastern Conference Final in a strong way, posting a second straight shutout while making 29 saves. The Capitals netminder has not allowed a goal since 33 seconds into the second period of Game 5.

3rd Star: Alex Ovechkin, Washington Capitals

The captain only needed 62 seconds to open the scoring and quiet the AMALIE Arena crowd.

[Ovechkin, Capitals headed to Stanley Cup Final after Game 7 triumph]

Highlight of the Night:

A wild first period included a tilt between Tom Wilson and Braydon Coburn:

Factoid of the Night:

Stanley Cup Final schedule
Game 1 Monday, May 28 – Capitals at Golden Knights, 8 p.m. ET (NBC)
Game 2 Wednesday, May 30 – Capitals at Golden Knights, 8 p.m. ET (NBCSN)
Game 3 Saturday, June 2 – Golden Knights at Capitals, 8 p.m. ET (NBCSN)
Game 4 Monday, June 4 – Golden Knights at Capitals, 8 p.m. ET (NBC)
Game 5* Thursday, June 7 – Capitals at Golden Knights, 8 p.m. ET (NBC)
Game 6* Sunday, June 10 – Golden Knights at Capitals, 8 p.m. ET (NBC)
Game 7* Wednesday, June 13 – Capitals at Golden Knights, 8 p.m. ET (NBC)
* = If necessary

————

Sean Leahy is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @Sean_Leahy.

Brooks Orpik leaves Game 7 after Paquette’s hit from behind

3 Comments

While the Washington Capitals built up a lead in Game 7 against the Tampa Bay Lightning Wednesday, they lost two players before the end of the second period.

First, Devante Smith-Pelly blocked a Ryan McDonagh shot with the back of his neck in the first period. After returning to the game, he would leave the Capitals’ bench late in the second period.

Joining him would be Orpik, who took a big hit from behind along the boards from Lightning forward Cedric Paquette. As Orpik was being tended to, the officials got together and determined that there would no penalty on the play, which is an odd decision.

As Orpik goes to get the puck in the corner, he does peek over his shoulder and sees Paquette a ways away, but he doesn’t change his body position as Paquette drills him. He’s probably not expecting to get hit even with the Lightning forward in the area. That would have easily been at least a major, maybe even a game misconduct (Remember Steve Bernier?).

The Capitals would respond to the hit two minutes later. On the scoreboard. Andre Burakovsky potted his second goal of the night to give Washington a commanding 3-0 lead heading into the third period.

————

Sean Leahy is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @Sean_Leahy.