Sunday, August 22, 2010

Voiding Roberto Luongo contract would be ‘in complete violation’ of CBA: prominent agent

If you haven't seen this article it's worth taking a look at. I don't see how the NHL could void the contracts of players that have already played a season under their current deals.
VANCOUVER — Prominent player agent Kurt Overhardt doesn’t figure the National Hockey League will void the registered, front-end loaded contracts of Vancouver Canucks goalie Roberto Luongo and three other players.

Overhardt, who possesses 20 years experience in contract law, employment law and intellectual property law, noted that arbitrator Richard Bloch’s decision on the Ilya Kovalchuk deal was “subjective” and that the 17-year contract should have been upheld.

As a consequence, Overhardt cannot see the NHL throwing out the Luongo, Marian Hossa, Chris Pronger and Marc Savard contracts. On Monday, Bloch ruled in favour of the league’s decision to void Kovalchuk’s $102-million deal with New Jersey, agreeing with the NHL that the contract “has the effect of defeating” the league’s salary cap.

“What basis did [Bloch] give?” Overhardt said in an interview from his Denver office. “What did he hang his hat on? The decision was completely subjective. There was no bad faith found between the parties, There was nothing within the collective bargaining agreement that he found was actually in violation of the document. So, therefore, logic and law and the facts dictate the contract should have been upheld.”

This, of course, leads to the already registered contracts for Luongo, Hossa, Pronger and Savard. Hossa has played one year on his contract while the other three will see their deals kick in for the 2010-11 season.

“Any and all speculation that the league is going to claw back these other contracts ... would be in complete violation of the collective bargaining agreement and it would be a complete infringement of the players’ rights under the CBA,” Overhardt continued. “Any attempt to do so would be absolutely predatory behaviour by the league, would be in bad faith and not in the spirit of the CBA.”


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