REALITY OF THE PLAXICO BURRESS SAGA

By Scott Daniels, Esq., NFL Draft Bible

The Plaxico Burress situation is nothing new. A high profile athlete makes headlines after an incident at a Manhattan night club. Gun charges are the result and another prima donna superstar gets suspended by the NFL. The only difference with this situation is that Burress managed to distinguish himself from most potential felons by shooting himself with an unlicensed weapon he foolishly branded while partying with friends and teammates last weekend.

 

And like every incident involving an NFL superstar, the media is all over it. Even Mayor Michael Bloomberg got some face time. 

 

Rumors have begun to surface. Speculation is already running wild. And everyone with a pulse appears to have some sort of opinion on the Burress situation. But what most people disregard is that there are certain realities within this ordeal. Some may disagree with them, but no one can ignore them.

 

Plaxico Burress Is Not Going to Jail

Burress was charged yesterday morning with two felony counts of criminal possession of a weapon in the second degree. This is a Class C felony and the state of New York carries a mandatory prison sentence for carrying an unlicensed loaded handgun. The mandatory minimum prison sentence in New York is three and a half years.

It would appear to look pretty bleak for Burress, however, he is a first time offender. It is very common in New York for first time offenders to plea down to a lesser charge to avoid jail time. Don't be surprised to see Burress plea down to misdemeanor gun charges and receive a virtual slap on the wrist through probation.

Mayor Michael Bloomberg Could Care Less About Plaxico Burress

The Mayor of New York was quite vocal on Monday in response to the notion that Burress might receive preferential treatment in the eyes of the law since he plays for the New York Giants. Bloomberg's desires to see Burress prosecuted to the fullest extent of the law were loud and clear, but even he neglected to mention that this was Burress' first brush with the law.

Make no mistake about this. This was Mayor Bloomberg's opportunity to get national press coverage through a story that has attracted the attention of the entire country. He knew he had an opportunity to showcase New York's strict gun laws and he seized it by urging prosecutors to treat Burress like anyone else. 

Well, just like everyone else in America Mr. Bloomberg, Burress is afforded the presumption of innocence, a fundamental legal right in our nation's criminal justice system.

Antonio Pierce Should Be Very Concerned

It's still very early in the investigation, but Antonio Pierce appears to have serious legal problems ahead. If police discover that Pierce attempted to cover up Burress' accidental shooting of himself, he could be facing obstruction of justice charges. 

In The NFL, Players Are Not Innocent Until Proven Guilty

Roger Goodell has made it very clear that he will impose penalties on players before the legal system has it's chance to run it's normal course. Burress has already been suspended, without pay, for the remainder of the regular season. So how come the presumption of innocence doesn't apply in the NFL? Because it's a private entity. 

Commishioner Goodell's new personal conduct policy has been the subject of debate since it throws out the notion of "innocent until proven guilty," but it has, for the most part, worked to deter players from off-the-field problems. Goodell's decision to suspend Burress is the result of Burress' complete disregard for the league's image and the New York Giant organization. It's up to the state of New York to decide Burress' alleged disregard for the law.

THE RETURN OF SUPERMAN

By Scott Daniels, Esq., NFL Draft Bible

His talents were like nothing the NFL has ever seen before. His speed was breathtaking. His abilities were endless. He revolutionized the quarterback position. He was a 100 million dollar man and had the city of Atlanta in the palm of his hands. Michael Vick was not only a superstar, he was an icon.

But all the glitz and glamour quickly disappeared after he was convicted of several felonies stemming from a dogfighting operation he ran and funded in his home state of Virginia. For the past year, Vick has been serving a prison sentence handed down by a federal judge in one of the most captivating stories since the OJ murder trial.

It appears Vick is nearing the end of his prison sentence Vick has just plead guilty to state dogfighting charges - a move that should allow him to serve out his remaining prison sentence in a half-way house. Vick could be a free man as early as the Summer of 2009.

Just the thought of Vick returning to the league sparks my imagination.

Will he be the same electrifying talent we are used to seeing? Will he still play the quarterback position? 

Reports are that Vick has been working out and remains ready for a possible return, but will Goodell allow him back in the league?

And if he does, will Goodell impose further penalties on Vick? After all, Goodell technically suspended him indefinitely last year and has probably had little or no contact with Vick since then. If we have learned anything about Goodell's tolerance level, Vick will certainly have another shot to play in the NFL. Adam "Pacman" Jones has had several chances to redeem himself and is currently in rehab for an apparent alcohol problem. My intuition tells me that Jones' problem goes a little further than alcohol abuse.

In focusing on the Vick situation, the dogfighting incident was part of a fairly lengthy list of problems Vick encountered while in the NFL. Even if we assume Goodell allows Vick back in the league, there are several questions surrounding his role on a team that is desperate enough to take him.

Arthur Blank, the owner of the Atlanta Falcons has virtually ruled out the possibility of taking Vick back and rookie Matt Ryan has solidified the starting quarterback role there. Blank has expressed his hopes that Vick does return to the game of football, but with a different organization.

One need not even ask the question of whether there is an NFL franchise that will welcome Vick with open arms. NFL teams care about one thing and one thing only - winning. If a player can help achieve that goal, he is worthy of a contract in the eyes of owners and general managers.

Possible takers? The Detroit Lions and the Oakland Raiders can't possibly get any worse. Vick could only make them a better team. The Chiefs and Bears could use a mobile quarterback. 

The bottom line is, Vick is a commodity. And in this era of superstars and highlight films, commodities in the form of offensive threats will always have a home in professional sports.......regardless of the public relations nightmare that lurks in the background.

Just In Case You Were Wondering.......

Chad Who?

In a move that many saw as not surprising, the Cincinnati Bengals' flashy wide receiver legally changed his name from Chad Johnson to Chad Ocho-Cinco. So why is he still sporting his old name on his NFL jersey this year? Mr. Ocho-Cinco didn't realize that as a player in the National Football League, he automatically has financial obligations to Reebok, the makers of every NFL jersey. Turns out, Ocho-Cinco would've had to reimburse Reebok for every jersey they were left with as a result of his name change. Rumor has it the number was hovering around a few million dollars.

Here's a better question - Who in their right mind is going to purchase a "C. Johnson #85" jersey now when that's not even his legal name anymore?

NFL Has a Trade Deadline?

It falls on the Tuesday after the sixth week of the NFL regular season. It's almost always overlooked since teams are reluctant to deal anyone mid-season. However, this season might be different. All Pro tight end Tony Gonzalez of the Kansas City Chiefs has voiced his desire to be traded to a contender and the Chiefs have expressed interest as long as they are fairly compensated.

Nothing Is Perfect......Except For Overtime In The NFL

I'm so tired of hearing people argue that overtime in the NFL is not fair since both offenses may not always touch the ball. The NFL's decision to implement a sudden-death overtime system was one of the best moves in the league's history. Fairness is irrelevant. This is the pros, not little league.

A professional team's defense has the ability to stop the opposing offense, so what's the problem? Case in point: Dallas Cowboys v. Arizona Cardinals, October 12, 2008. The Cardinals were dealt a blow after losing the coin toss only to block a Dallas punt after the Cowboys were unable to score. The Cardinals scored a touchdown on that same play giving them the victory.

LEGAL LINE SHOW IS BACK - WEDNESDAY OCTOBER 8th - 8:30pm

A Cincinnati Bengal has been suspended by the NFL. Shocker.

Lane Kiffin fired from the Oakland Raiders without pay. 

Lance Armstrong is headed back to France. 

And last but certainly not least, Luke Walton has a stalker......legally.

The city of Philadelphia is buzzing now with the resurgence of the Fightin' Phillies and Craig Robinson will be dropping by to give me the inside scoop on all things in the Philadelphia sports scene.

And finally, I will be introducing my new Resident Odds Maker and sports gambling aficionado on this week's edition of The Legal Line Show on blogtalkradio.

Just click on the link below and you will be directed to my show..........

http://www.blogtalkradio.com/All-Access-Football/2008/10/09/The-Legal-Line-Show

LEGAL LINE RADIO SHOW - Tonight @ 8:30pm

The Legal Line Show is back tonight on blogtalk radio at 8:30pm.

Chris Henry is back with the Cincinnati Bengals...........seriously?

I'll update you on a few key holdouts in the NFL.

Baseball has a situation on it's hands and the NBA's biggest problem yet.......

Click on the link below or click on the title to get to the show. Enjoy


http://www.blogtalkradio.com/All-Access-Football/2008/08/21/The-Legal-Line-Show-Episode-6

FAVRE SAGA FAR FROM OVER

By Scott Daniels, Esq., NFL Draftbible

As Brett Favre emerged from his private plane a few days ago, crowds of fans applauded him as if he were a member of the Beatles. Members of the media rushed for photos and the television networks covered every second of his return to the town that views Favre as a god, rather than a Hall of Fame quarterback.

The Favre saga has officially become a circus. However, it's not surprising. The most popular player to ever don a Packer jersey has just been shipped out of Lambeau and traded for a conditional draft pick. A scenario no one could have conjured.

So it appears the Favre circus has come to an end.

I beg to differ. In fact, this circus has only just begun.

The media has already sunk it's teeth into this situation and that can only mean one thing. Do whatever it takes to get a story. Even if it means employing dirty tactics. After all, dirt sells.

Take a look at every major sports story in the last five years. Once the media starts seriously digging around, it becomes a full fledged soap opera. And unfortunately for the Favre camp, if history has taught us anything, this saga is about to hit new highs.

Barry Bonds
The steroid era in baseball may not begin with Barry Bonds, but he is certainly the catalyst for it. Bonds rose to fame after becoming the homerun king amidst a flurry of allegations that he was taking performance enhancing drugs. After vigorously denying that he took illegal steroids, his media coverage skyrocketed. Networks and newspapers watched his every move.

The result: Bonds did claim the record for most homeruns in history but was subsequently indicted on perjury charges and remains unable to find a job in baseball. His media coverage resulted in numerous books portraying him as a criminal, tons of negative rumors and a reputation that even Mike Tyson wouldn't trade for.

Michael Vick
Vick initially denied taking part in a large scale dog-fighting ring that operated in multiple states. Almost without hesitation, the public and the media saw right through him. Richmond, Virginia quickly attracted media outlets from all over and the circus began. Following a few weeks of investigation and several media discoveries, the most popular athlete in Atlanta - and quite possibly the most exciting player in the league - had fallen.

The result: Vick was sentenced to a lengthy prison sentence and had to forfeit his mega deal he received from the Falcons a few years prior. His legacy will be forever tarnished. His future in the NFL may be dead.

Roger Clemens
Once the Mitchell Report dropped, Major League Baseball was immediately criticized for their lack of effort in battling steroids in baseball. While many claimed the report lacked credibility, several players came forward and admitted to their wrongdoings. Clemens chose to do just the opposite.

Clemens vehemently denied ever using performance enhancing drugs and went head to head with his former trainer who even went so far as to provide old syringes that Clemens allegedly used. The media jumped all over this and began to dig up anything they could find.

The result: Clemens' personal life was ripped open by every media outlet under the sun. Old flings were discovered, connections to underage celebrities, phone records were re-hashed and Clemens lost every ounce of credibility in the process.
_______________________________________________________________________________

Let me be clear. While I do not agree with Favre's decision to come out of retirement, he has done nothing wrong here. The man has already admitted to retiring early, which by all means, is an honest mistake. But there is a lot of information that we still don't know.

What was really said in those back-door meetings between Packer brass and Brett Favre?

How does Favre really feel about his former head coach and the Packer organization?

Jet training camp is about to be the focal point of the NFL. And Favre will continue to dominate headlines for weeks to come. That we know. What we learn about Favre and the Packers over the next few weeks will surely be interesting. Stay tuned football fans, this circus has just begun.......

LEGAL LINE EPISODE 5 - Tonight @ 8:30pm

I'm back and tonight I'll be discussing the ever-so-popular topic of holdouts in the NFL. Why do players do it? Should they be forced to honor their contracts? How do athletes in other sports handle their contractual disputes?

I'll also discuss the sentencing of disgraced former NBA official Tim Donaghy. Harry Beans will be dropping by as always and with the 08' NFL season right around the corner, Beans will have plenty to talk about.....

Join me tonight at 8:30pm - just click on the title above or click the link below -

http://www.blogtalkradio.com/All-Access-Football/2008/07/31/THE-LEGAL-LINE-EPISDOE-4

VIOLENCE IN SPORTS: When Should Athletes Be Subject to Criminal and Civil Penalties?

By Scott Daniels, Esq., NFL Draft Bible

Bone-crushing checks. 98 mph fast balls tossed at batters' heads. Rib-shattering tackles. Brutal flagrant fouls. What do all of these have in common? Today’s sports fanatic craves these plays more than ever.

And while immense physicality and violence are a part of many professional sports, what happens when a player goes too far in trying to make a play? What recourse does a player have when his opponent deliberately tries to inflict severe bodily harm? League imposed fines and suspensions have always been the norm, but is it enough?

It’s an important, yet overlooked, issue. Should athletes ever be subject to our criminal or civil law system for actions that resemble common law battery as opposed to aggressive play?

The answer to that question may be the most common answer out of a lawyer’s mouth - It depends.

Violence has always been a part of sport. It’s routine in many sports to engage in violence every single play. But while an athlete’s tenacity and ferociousness is always accepted, many times, a player goes beyond what is customary in that respective sport. And when that act results in a serious injury to his or her opponent, a simple fine seems unjust.

I take the position that athletes who become victims of violent attacks on the playing field should absolutely seek recourse by way of our legal system, especially if they incur an injury that prevents them from playing. While it sounds easy for an athlete to sue another, proving the case, whether criminal or civil, is a steep climb.

Many people would argue that the professional athlete is consenting to the occasional violent play that is inevitably “part of the game.” And by consenting, that person may not seek judicial relief since the consent serves as a complete defense in the court of law.

Take professional hockey for instance. Fighting is allowed and is sometimes encouraged in the sport. When a hockey player steps onto the ice, it is foreseeable that he may engage in a fight at some point during the game. It is also foreseeable that an injury may occur as a result of the fight, since a typical fight consists of hand-to-hand combat with an opponent. Therefore, the defense of consent would fully hold up in court since fighting is likely to result in injury.

So while an injury resulting from a vicious punch in a hockey fight is completely within the customary standards of the sport (although still subject to a major penalty), a hockey player crosses the line when he uses his stick to attack another player. Moreover, the victim of the attack would never consent to a potential assault with his opponent’s stick.

This is precisely where aggressive play collides with criminal culpability and civil liability.

On February 21, 2000, Marty McSorley, while playing for the Boston Bruins, brutally attacked Donald Brashear with his stick in one of the most horrific acts in sports history. With only seconds remaining in the game, McSorley picked up his stick and swung it like a baseball bat at Brashear’s head. Immediately upon impact, Brashear dropped to the ice. The arena was silent. Never before had the league seen such brutality.

McSorley was slapped with a year-long suspension and was found guilty of criminal assault with a weapon. Fortunately, Brashear recovered and is back playing in the NHL. But the aftermath of this incident raised the issue of how to handle deliberate and unnecessary violence in sports.

While McSorley clearly exhibited criminal conduct against Brashear, most cases are not that clear-cut. The biggest barrier a victim faces when deciding to sue or press charges is proving intent by the aggressor. If a pitcher hits a batter square in the head with a pitch, the pitcher could claim he was just trying to brush the batter away from the plate. Proving intent is a subjective standard and extremely hard to prove here because brushing the batter off the plate is part of the game. Even if the struck batter suffers a career ending injury, the facts would not support criminal or civil liability by the pitcher.

In contrast, McSorley’s actions certainly warranted criminal and civil action. Personally, I would have banned him from the league after what I saw. But while violence like this is rare on the playing field, athletes need to be aware of potential recourse should they find themselves in these situations.

Keep in mind that assault with a hockey stick and the bean ball are just a few examples of violence throughout the course of sports history. The great irony surrounding this topic is that today’s sports fanatics crave the violent altercations more than ever. In an era where Youtube and Sportscenter highlights glorify violence caught on film, over-aggression will always be a part of sport and although professional athletes appear to be superior beings, they are never above the law, even on the playing field.

ALL ACCESS FOOTBALL RADIO UPDATE

Be Sure To Check Out Our All Access Football Radio Network On Blog Talk Radio For Exclusive Analysis On Everything Football.

FANTASY FOOTBALL INSIDERS RADIO: EPISODE #1
NFL Insiders Rick Serritella, Ross Mandel & Ralph Mancini Preview The Quarterbacks.
LISTEN NOW: http://www.blogtalkradio.com/All-Access-Football/2008/06/17/2008-FANTASY-FOOTBALL-INSIDERS-RADIO-EPISODE-1

THE LEGAL LINE: EPISODE #2
Legal Line Co-Founder Scott Daniels discusses violence in sports and looks back at some historical events and qustionable tactics.
TOMMORROW - 8:30 PM ET: http://www.blogtalkradio.com/All-Access-Football/2008/06/19/THE-LEGAL-LINE-EPISODE-2

ALL ACCESS
Our 2008 Canadian Football League Preview Show! Guests and Details TBA.
FRIDAY - 6:00 PM ET: http://www.blogtalkradio.com/All-Access-Football/2008/06/20/ALL-ACCESS-FOOTBALL-FRIDAY-SHOW-LIVE-6PM-ET

COLLEGE FOOTBALL INSIDERS: PREMIERE SHOW - ACC PREVIEW
College Football Insiders Co-Founder Daniel Mogollon hosts the first installment of CFI Radio.
MONDAY, JUNE 23RD: http://www.blogtalkradio.com/All-Access-Football/2008/06/23/PREMIERE-SHOW-COLLEGE-FOOTBALL-INSIDERS-EPISODE-1

To bookmark our radio channel, click here.

ALL ACCESS FOOTBALL UPDATE: JUNE 13, 2008

It may be the football off-season but the weather is not the only thing heating up. Check out the latest happenings at All Access Football:

* Former Florida Gator and current Jacksonville Jaguar Jeremy Mincey has drawn rave reviews thus far in training camp and there is talk that his improved performance could thrust him into a starting role this season. Check out Daniel Mogollon's one-on-one interview with the emerging defensive end in a Mini-Camp Edition of our Player Spotlight Show.

* Now Airing on All Access: Super Bowl MVP Eli Manning was on hand at Club 21 last week to announce the launch of the National Football Foundation's Club of New York. You can watch the exclusive video here.

* In case you missed it, the All Access Football panel of experts debated the Top 10 Greatest NFL Quarterbacks of All-Time. Tune-in to our All Access Football Radio Channel on Blog Talk Radio to hear who made the cut.

* The debut of The Legal Line Show was a great success. Legal Line Co-Founder Scott Daniels was joined by Fantasy Sports Trade Association President and Sports Buff CEO Jeffrey Thomas as they analyzed the impact of the recent fantasy sports industry victory over MLB in Supreme Court.

* The 2009 NFL Draft Watch has already begun. Log-on to the NFL Draft Bible for Josh Buchanan's latest installment of our Small School Spotlight.

* Want to be brought up to date on the latest breaking news? Our new All Access Football Blog is up and running. Still want more? Other blogs that are being constantly updated include College Football Insiders and the rebirth of Fantasy Football Insiders, which will also debut a premiere radio show on Saturday. Updates to be posted here.

* Coming Soon: The All Access Football Network will be expanding its coverage into the world of Arena Football and the Canadian Football League. Stay tuned for more details...

LEGAL LINE SHOW PREMIERE - Thursday, June 5 @ 7:30pm

The Legal Line is finally hitting the airwaves this Thursday night at 7:30pm on blogtalkradio - simply click on the title of this blog post to be directed to the show.

My first show couldn't be coming a better time as I will be talking with Jeffrey Thomas, President of the Fantasy Sports Trade Association, about the Supreme Courts decision not to hear an appeal from MLB in a case that would've affected the entire fantasy sports industry.

Also appearing on the show is my resident odds maker and gambling aficionado, Harry Beans. Harry's got the inside scoop on the NBA Finals and the long awaited Belmont, where Big Brown will be going for the famed triple crown, a feat only attained a selective few.

Tune in this Thursday........

A Disappointing Conclusion

By Scott Daniels, Esq., NFL Draft Bible

It was seen by some as the biggest controversy in history of the NFL. It consumed the media for months and sparked endless debate about one team's overwhelming success. It became a household name. And most importantly, it's name was derived from the biggest government scandal in the history of our country.

But after several months of speculation and suspense, Spygate is finally over.

Ok, it's not officially over, but it should be.

Unfortunately, Arlen Specter is still crying foul, but his motives have nothing do with fixing the integrity of the game. Spygate has provided a stage for him to advance his own political agenda. And now Specter wants a "Mitchell-like" investigation into the wrongdoings of Bill Belichick and the Patriots.

While I initially applauded Specter's actions in questioning how the NFL has handled Spygate, a lengthy governmental investigation into a controversy involving the blatant violation of NFL rules is not only pointless, but a waste of time and valuable tax dollars.

As much as I wanted to uncover unimaginable truths stemming from Spygate, the pseudo-conspiracy has simply dried up. Walsh was the last straw in a depleted investigation and he provided nothing by way of physical evidence. Spygate was reminiscent of intriguing film with a disappointing ending. It simply lacked substance.

In a court of law, Walsh's potential damaging testimony about Bill Belichick and the Patriots would be considered hearsay - and therefore, inadmissible at trial.

But Walsh's long awaited emergence into the spotlight did provide us with something.........

A means to an end.

Breaking News

Several media outlets have announced that the NFL owners have unanimously opted out of the current CBA - the effect of which presents the real possibility of a lockout in 2011 if a new agreement is not reached. It's actually a good thing that they opted out now as opposed to later in the year because now talks can begin immediately between the owners and Players Association.

While a lockout appears to be a last resort, the football world is well aware of the damage that can be done if an agreement is not reached. The negotiations are under way and we're all hoping the NFL can avoid a monumental catastrophe.

The clock is ticking......

DANGER LURKS

By Scott Daniels, Esq., NFL Draft Bible

With the 2008 NFL Draft officially in the books, fans across the country are anxiously awaiting the start of college football. It's been quite an offseason in the football world and although the gridiron battles are still months away, the legal drama in football is only beginning to heat up.

An optimist would tell you that college football couldn't be in a better place right now. Ratings are up and schools are raking in millions of dollars as a direct result. But it's not all smiles at the collegiate level.

How about the NFL? The most successful professional sport in America. The NFL is in great shape, right? Think again.

A dark cloud is looming over college and professional football and only the so-called football gods can predict the future. While rumors and speculation continue to run rampant, here's an update on some of the hottest - and potentially dangerous - stories that could be highly detrimental to college and professional football.

A Broken System
The BCS is a mess. The revolution has begun to implement some kind of playoff system in college football, but due to contractual obligations and stubborn school officials, the BCS will remain in college football through 2013 (includes Bowl games in 2014).

A recent proposal from Mike Slive, commissioner of the Southeastern Conference, was immediately shot down by just about every major conference commissioner. The proposal called for a "Plus One" scenario where the top four teams would play a semi-final game followed by a championship game the very next week.

LEGAL SIGNIFICANCE: It's a tragedy that college football will remain at the mercy of a flawed system for at least the next four years. What's even more disparaging is knowing that the BCS will remain because of contractual obligations with the Rose Bowl and major television networks.

Bottom line is, contracts can legally be modified. Problem is, a change in the current system will lead to a decrease in profits for those currently under contract with the BCS. It is apparent that those in opposition to a playoff system are skeptical of changing a system that breaks revenue records year after year.

The Never Ending Conspiracy
Spygate is the story that just won't go away. It began immediately following week one of last year's NFL season and Roger Goodell has been trying to dispose of this matter ever since - no pun intended.

A potential bombshell may explode on May 13th when Matt Walsh, a former video assistant for the Patriots, will meet with Roger Goodell to divulge any information he may have regarding his role in "spying" on other teams.

LEGAL SIGNIFICANCE: Matt Walsh's meeting with the NFL is now long overdue. The NFL insists Spygate is a thing of the past and the Patriots organization have vehemently denied any further wrongdoing. If Walsh has any direct evidence, such as an actual video tape, Goodell will have to take swift action against Bill Belichick and the Patriots organization. Belichick and the team's owner, Robert Kraft, will most certainly argue that Walsh acted as a rogue employee and was not directed to tape such activity. However, from a legal standpoint, if Walsh is found to have acted within the scope of his employment responsibilities, the Patriot organization should certainly be held accountable for his wrongful actions.

Regardless of what ensues, Walsh has obtained a bullet-proof indemnification agreement from the NFL. He is fully protected from a civil suit and will be able to speak freely without the worry of being named as a defendant in a lawsuit. Walsh may however be called as a witness in other lawsuits should they occur after he speaks with Roger Goodell.

If Walsh only has verbal information to provide, Spygate will quickly disappear. Walsh's credibility is already in question and without any direct evidence of taping another team in violation of league rules, he will have very little ground to stand on.

A playoff system seems to be inevitable, but not in the very near future.

The End of a Dynasty?
The National Football League has catapaulted itself as the most successful league in American professional sports. Attendence is up. Ratings are up. The Superbowl remains to be by far the most watched sporting event in America each year. While it appears that the NFL will continue it's dominance for years to come, a quiet storm is brewing.

The wealth and prosperity that players and owners have enjoyed over the last ten years may come to a screeching halt in 2011. The current collective bargaining agreement will expire then and the owners can choose to opt out of the current agreement in November of this year. If that happens, the NFL could be facing a lockout in 2011.

LEGAL SIGNIFICANCE: The last time the NFL suffered a lockout was 1987 - under former commissioner Paul Tagliabue. With Roger Goodell as the new Sheriff in town, a lockout would almost seem unthinkable. The problem is, Goodell may not have any control on the situation. If the players and owners cannot come to an accord on revenue sharing, the owners will likely opt out of the current agreement.

End result? A work-stoppage in 2011 and the very real possibility of a cancelled NFL season.

Swimming With The Sharks

An Inside Look Into The Life of a Sports Agent

By Scott Daniels, Esq., NFL Draft Bible

Drew Rosenhaus. Leigh Steinberg. Scott Boras. What do these men have in common?

They think fast and they talk even faster. Their ability to negotiate deals on behalf of their clientele has catapulted these men into a league of their own. These men are among the elite in the sports agent world. And they've negotiated a myriad of multi-million dollar contracts for high profile professional athletes.

While their athletes are performing on the playing field, these agents are out and about hoping to find the next Reggie Bush or Peyton Manning.

But while the big agents have no problems recruiting talent, there's an entire army of smaller agents trying to break into the industry of representing professional athletes. Sports agents pride themselves on their reputations and they build it by maximizing the value of their client's worth. A feat that can only be accomplished through savvy negotiating and the ability to exploit a recognized talent.

So who are these other agents?

Well, I had the opportunity to interview an aspiring mogul in the sports agent industry. His name is Josh Stevens and he is quickly rising in the ranks of NFL player agents.

Stevens, a native New Yorker and graduate from the University of Maryland, has always been intrigued with the sales and marketing aspects of the sports world. After graduating from UM, Stevens obtained a law degree from St. Johns and quickly gained legal experience in an array of areas including criminal law, family law and landlord-tenant law.

When I asked Stevens if prospective clients took comfort in the fact that Stevens was an attorney as well as an agent, Stevens replied, "Yes, especially when speaking with prospective client's families. It instantly lends credibility to your work ethic and intelligence."

A huge misconception with the general public is that all player agents are attorneys. While a large portion may be lawyers, many agents are accountants or financial advisers. Stevens informed me that the NFL Players Association now requires all prospective agents to obtain a graduate degree, but no particular one is required.

Since Stevens is an attorney and an agent at the same time, he goes about his business with the advantage of being fully equipped with a legal education. But while he may have the license to practice law in the state of New York, Stevens makes it a point to inform his clients that he is acting on behalf of them as solely their agent, not their attorney.

Stevens makes it clear that he is acting in the capacity of the player's agent and not the players' attorney to avoid any conflicts of interest. The NFLPA requires agents to abide by a set of regulations and ethical standards, but an agent with a license to practice law has an additional set of ethical obligations that he or she must follow to maintain good standing.

In an industry where following the rules can end up costing you millions of dollars, sports agents across the globe have found themselves in precarious situations. How do you persuade an athlete to let him represent you in an age where only money does the talking?

Whatever happened to choosing an agent based on integrity or loyalty?

When I asked Stevens about the notion of agents deliberately violating NCAA rules when recruiting athletes, he replied, "I'm sure it's rampant, but I work with another attorney. And as attorneys, we are held to a higher standard and a different set of rules. It's not worth jeopardizing the risk of losing your license to practice law."

With collegiate sports generating millions of dollars and the players not seeing a dime, the student-athlete becomes an easy target for an agent willing to violate the rules if it means locking up a future all-pro. Whether it's a new car, a house, or cold hard cash, agents have been known to attract athletes with just about anything.

As for the competitiveness of the industry today, Stevens said, "it's extremely cut-throat. No established agent wants to assist anyone getting into the industry unless they already have built in connections with prospective clients."

Finally, I asked Stevens what his personal opinions were of Drew Rosenhaus and Scott Boras, mega successful agents who have the reputation of being incredibly difficult to deal with. Stevens commented, "Their work ethic is phenomenal and only inspires people like me to keep going." I found this interesting seeing that both of these agents have received damaging press lately and have tarnished the image of the "sports agent."

Nonetheless, Stevens respects his competition and admires their success.

Since his inception as a certified sports agent, Stevens has represented numerous players vying for a spot in the NFL and he has several players hoping to get selected in this year's draft.

Stevens has already made his mark in the industry and he's only just begun. But one thing is for sure; the life of a sports agent is not all glitz and glamour. It takes dedication, hard work and maybe even a little bit of luck. Millions of dollars are at stake and since the vast majority of NFL contracts are not guaranteed, it is crucial for a player to earn as much as possible, as soon as possible.

It is the job of the player agent to broker a dream-turned-reality for the athlete. But more importantly, it is the agent's job to make sure the deal gets done at all.

First Ban by The NFL?

By Scott Daniels, Esq., NFL Draft Bible

You know it's pretty bad when even the Cincinnati Bengals no longer want you on their roster because of disciplinary problems.

Assault. Possession of marijuana. Concealment of a weapon. Aggravated assault with a firearm. Providing alcohol to minors. Alleged sexual mischief. And the list goes on.

That wasn't a list of the various crimes NFL players commit on an annual basis. That was a list of crimes that former Bengal Chris Henry has committed during his tenure in the NFL.

How about these numbers? In a three year period, Henry was arrested five times in three different states. Four of those arrests took place within a fourteen month window.

Henry may be a talented athlete, but his ability to get tangled up with the law is staggering. Statistically speaking, he has a promising career as a lifetime criminal.

While everyone is wondering what Roger Goodell is going to do with him, that should be the least of his problems. Henry could be facing serious jail time and looking at his rap sheet, any judge would be silly to not impose a harsh sentence.

Henry is a repeat offender. In fact, he has abused the term. The man clearly has no interest in maintaining a professional standard and he has no business representing himself as a player in the National Football League.

Roger Goodell has only one choice. Henry should be suspended indefinitely pending a judicial outcome of his current charges. If he is found guilty of his current charges of assault and criminal damaging, then Henry should be banned from the league.

Regardless of the fact that Henry has been exonerated on a few charges in the past, he has surrounded himself with numerous criminal probes that have seriously damaged the reputation of all NFL players.

Whether or not Goodell allows Henry to play in the NFL again, Henry's image is already a disgrace. If he's lucky, Henry may play football again, but most likely not in the NFL.

MOSS APPEAL

By Scott Daniels, Esq., NFL Draft Bible

Randy Moss is arguably the most captivating wide receiver in the NFL. He is also one of the most controversial.

 

Moss dazzled fans in Minnesota with his blazing speed and ability to go up and virtually steal the football from mid-air. The Culpepper-Moss tandem was by far one of the most dangerous offensive threats in the last decade. But while Moss was quickly becoming a superstar, his individuality took center stage after he walked off the field during the end of a game while playing for Minnesota.

 

While there was only seconds remaining in that game, fans across the country proclaimed Moss a quitter and a cancer in the locker room.

 

Moss's legal resume dates back to 1996 where he faced charges stemming from an altercation with the mother of his child. The charges were eventually dropped.

 

In 2002, Moss was back in the news after physically bumping a traffic cop with his vehicle and his latest run-in with the law involved an alleged dispute with a woman at her Florida home in January of this year.

 

Earlier this month, the alleged victim, Rachelle Washington, petitioned the court to request that her case against Moss be dismissed. Several media outlets have jumped the gun and immediately began to report that all charges against Moss have been dropped. This is entirely not the case.

 

Washington had obtained a temporary restraining order (TRO) against Moss in early January. She received it "ex parte," which means that she got the TRO without informing Moss, which is perfectly legal. In Moss's case, the TRO directed him to refrain from going within 500 feet of Washington.

 

It's fairly easy to obtain a TRO and the party it's directed towards has no involvement in the proceeding until the actual hearing to determine whether or not the TRO will become a permanent restraining order.

 

No criminal charges were filed against Moss and Washington never filed a civil case against him. In the end, charges against Moss were not dropped because charges never existed.

 

The bottom line is, the media is obsessed with superstar athletes and their legal problems. Although it's unfortunate for Moss, once his name is dropped in the news, the assumption is that he is in trouble with the law. 

 

It has become an American passion to watch our star athletes succumb to our nation's legal system and Moss has become the latest victim of this phenomenon. In this case, the public was privy to a flurry of allegations and rumors and all we knew was that a temporary restraining order was granted. That doesn't sound like a ton of information.

 

Once the story hit the news wires, many depicted Moss as a criminal. Now that Washington has dropped her restraining order against Moss, those same people are condemning Washington and coming to the defense of Moss. Meanwhile, the public knows practically nothing about the actual incident.

 

Rumors are beginning to surface that Moss entered into a settlement agreement with Washington, but it would seem odd to me seeing that the case involved a restraining order and not a civil action against Moss.

 

If there was a payment by Moss, the public will eventually find out, most likely by way of a court filing. And while Moss can get on with his already stellar career, the public's perception of him remains to be suspect.

Happy Valley's Legal Woes Continue

By Scott Daniels, Esq., NFL Draft Bible

The football program at Penn State has always been revered for it's class and demeanor. The infamous blue and white helmets have forever been synonymous with a "blue-collar work ethic" and the Nittany Lions have long refused to take top notch athletes who don't present genuine individual character.

Their field general, the beloved Joe Paterno, is a living legend in college football due in most part for his ability to win with upstanding, disciplined individuals, not just athletic specimens.

As of recent, Penn State's unblemished image is beginning to resemble that of the 2007 Cincinnati Bengals. Numerous football players are seeing more of the court room and less of the weight room this offseason.

The latest incident involved Andrew Quarless, a sophomore tight end, who was suspended indefinitely for an unspecified violation of team rules. To make matters worse, Quarless is no stranger to trouble on campus. Quarless was already suspended last season for underage drinking and missed the first two regular season games of 2007.

Quarless becomes the sixth Penn State football player to be arrested this offseason and the team's legal problems range from disorderly conduct to campus brawls. I know these kids are still in college, but six player arrests in one offseason is downright embarrassing.

What these players don't realize is that their detrimental off-the-field conduct, although it's occurring at the collegiate level, will have monumental effects on their potential professional careers. Millions of dollars are at stake for those chosen to play in the NFL and character has evolved into a mandatory piece of criteria for NFL scouts when evaluating players.
(see http://nfldraftbiblethelegalline.blogspot.com/2007/08/legal-line-vol-ii.html).

Hopefully, Joepa can remedy an already tumultuous off season for the Nittany Lions. It seems that his players are in need of some guidance and supervision. Not that Penn State football players need to be reminded, but in the eyes of the law, collegiate athletes are held to the same standard of conduct as regular students.

Maybe Joepa needs to remind his team what made them so successful in the first place.

Where's Reggie?

By Scott Daniels, Esq., NFL Draft Bible

The long awaited deposition of Reggie Bush came and went this past Monday. One problem. Bush wasn't there.

 

Bush was scheduled to be deposed on Monday, February 25 by attorneys for Lloyd Lake, the apparent sports agent who allegedly gave thousands of dollars to Bush and his family during Bush's playing days at USC.

 

Lake sued Bush for breach of contract and is seeking damages in the amount of $291 thousand. While the suit is well under way, neither Lake or Bush have yet to be deposed.

 

Lake walked out of his deposition after one of Bush's security members flashed a gun. Normal.

 

On Monday, Bush simply failed to show up for his deposition. Bush's lawyer did provide notice that he would not be attending but rumors are beginning to surface that Bush's legal team is trying to prevent the NCAA from getting a transcript of his deposition testimony.

 

Bush has repeatedly denied taking any money or gifts while at USC but the evidence against him is starting to pile up. Bush settled another case with Michael Michael's, Lake's former business associate, for an undisclosed amount of money. Most notably, a damaging book has been written detailing numerous alleged financial transactions between Bush, Lake and Michaels.

 

At the very least, this is starting to become a public relations nightmare for Bush. However, all of these allegations concern his collegiate career, so Bush does not have to worry about being sanctioned by the NFL, but his reputation as an honorable collegiate athlete could be destroyed.

 

Oh, and that peice of hardware he took home in 2006 is also at stake. If the NCAA discovers he took any cash or gifts while playing football for USC, Bush will be deemed ineligible pursuant to NCAA rules. Therefore, he would be stripped from his Heisman Trophy award.

 

Bush's camp had little to say about his unavailability for the deposition Monday, but the fact that his lawyers want to prevent the NCAA from getting his deposition testimony infers that Bush may have something to hide. If he admits to taking cash or gifts from Lake or anyone else, once NCAA investigators get wind of this, he is sure to lose his Heisman.

In the alternative, if Bush settles with Lake out of court, he may be able to avoid NCAA penalties by requiring Lake to agree to a confidentiality agreement where all parties would be prevented from discussing the case in exchange for the agreed upon settlement amount. Bush could say he paid Lake to avoid litigation and may not have to admit a single thing.

If Bush settles, it would not look good in the court of public opinion. A settlement with Lake would confirm public speculation that he took money while playing for USC. Bush will have to eventually show up for a deposition and judging by what we have seen already, there's no telling what we will learn from him.

MATT WALSH TO TALK, THEN WHAT?

By Scott Daniels, Esq., NFL Draft Bible

The NFL wants Spygate to be over.

Roger Goodell and the NFL's Competition Committee have expressly stated that their investigation is complete and the league can finally move forward.

But why? Why is Goodell practically ignoring the potentially powerful information Matt Walsh may have that might bolster the claims that Bill Belichick and the Patriots have been cheating for years?

Well if it wasn't for a determined United States Senator, Matt Walsh would be a non-issue. And regardless of his critics, Senator Arlen Specter is not letting down.

In what he claims is a pursuit of justice, Senator Specter is still actively pursuing Matt Walsh's claims and Goodell has reserved the right to open up his investigation and impose more penalties if need be. So, in light of the mass speculation surrounding Matt Walsh and his alleged information, here are some legal ramifications that are sure to pop up should Walsh divulge any information on Spygate.

More Punishment?

Bill Belichick and the Patriots organization have already begun their smear campaign on Matt Wash in an attempt to discredit him as much as possible. Walsh did come out of the wood works after the NFL's initial investigation and his credibility is certainly an issue.

However, if Walsh does have valid information that he can back up with legitimate physical evidence (an actual videotape), Goodell will be forced to take more action against Belichick and the Patriots. The Patriots will certainly argue that Walsh acted in a rogue capacity if he does produce a videotape and the NFL will have to dig deeper to determine the validity of the tape.

Simply put, if Walsh does produce a videotape, Spygate is not going away anytime soon. Belichick could face a suspension and the Patriots organization may have to cough up a lot more money for knowingly hindering a league investigation.

Arlen Specter's Continued Role

Senator Specter is adamant about uncovering a conspiracy. He has threatened to hold a congressional hearing to find out just how deep Spygate really goes. While a hearing on Capitol Hill is unlikely, Specter is refusing to let up in his quest for the truth.

But it is important to understand that Belichick and the Patriots did not break the law in any way. They broke NFL rules. Senator Specter's desired congressional hearing could only be held to determine if the NFL should be stripped of their antitrust exemption.

That said, Specter remains to be a significant player because he seems to be the only authority that wants more information on Spygate. In short, while the NFL retains it's antitrust exemption, government officials like Specter have a ground to stand on.

Future of Matt Walsh

At this point, the only thing keeping Walsh from speaking Goodell or Specter is an indemnification agreement from the NFL. Walsh's lawyer already shot down the NFL's first agreement saying that it left Walsh vulnerable to a possible lawsuit.

Because Walsh signed a confidentiality agreement with the Patriots upon leaving the organization, Walsh could be sued for divulging any information relating to his employment. An indemnification agreement would protect Walsh from any civil liabilities as a result of him talking.

Walsh's information could blow this entire investigation open, especially if he has video evidence. Rumors of a book deal have been circulating, but remember that an indemnification agreement by the NFL would only cover him with respect to his communications to the league about Spygate. Walsh could face a lawsuit if he tries to turn Spygate into a ploy for personal gain.

Recent Developments

A $100 million civil suit has been filed by a former Ram's player naming the Patriots, Belichick and owner Robert Kraft as defendants. The suit seeks damages as a direct result of wrongful taping alleged in the complaint.

Walsh's information could be the smoking gun we all have been waiting for. If a tape does exist, the Patriots are headed for serious trouble. A team that flirted with perfection just a few weeks ago may be tarnished for years to come.

LEGAL LINE PODCAST V - What's The Holdup?

Why hasn't Matt Walsh divulged the information he allegedly has on the Patriots? 

Why was the NFL's indemnification agreement not good enough?

And why does Bill Belichick still think he can fool the public?

This week's podcast is an extended one so enjoy my analysis on the continuation of Spygate and what we can expect to see in the future......Just click on the title above or cut and paste the link below to listen.

http://web.mac.com/daniels3636/iWeb/Site/Podcast/Podcast.html

JUDGMENT DAY FOR REGGIE BUSH IS APPROACHING

By Scott Daniels, Esq., NFL Draft Bible

A quiet storm has been brewing around Reggie Bush. That storm is set to explode very soon.

Several weeks ago, allegations surfaced that he accepted approximately $300 thousand dollars from an agent while at USC. These allegations, if proven in court, would not only damage Bush's reputation, but would leave a permanent scar on USC's college football dynasty in the past decade.

On February 25th, Bush is scheduled to be deposed in a civil suit filed by Llyod Lake, the agent that allegedly gave Bush thousands of dollars in the expectation that Bush would sign with him upon entering the NFL Draft. Bush chose a different agent and Lake is now seeking reimbursement.

Bush has expressly denied taking any money or gifts while at USC, but Lake and friends claim they are able to support every allegation made in their civil suit. Bush will have to account for practically every large purchase while at USC and in the event items were paid for in cash, Bush will have explain himself without putting himself in violation of NCAA rules.

Rumors have been running rampant over how much money Bush actually received and a book entiteld "Tarnished Heisman" was recently published. I can tell you personally that I am about 50 pages into this book and it's an astonishing account to say the least.

Lake claims he gave Bush money for car payments and even took care of house payments for Bush's parents. Bush and his family have denied these claims.

What's intriguing about Bush's upcoming deposition is that Bush will be subject to laws of perjury, just like in any other formal judicial proceeding. One can purjur themselves in a deposition just as they can in court. The only caveat is that following a deposition, most states allow the deposed to change their statements within a specified period of time (ex. 10 days).

If Bush acknowledges that he took money or gifts while at USC, the NCAA will be forced to unleash a massive investigation that will most likely result in Bush losing the heisman and might cost USC a few national championships.

If Bush denies the allegations but settles the lawsuit later on, it might lead people to believe that he's hiding something.

Regardless of what Bush says on February 25th, barring a settlement, a trial is imminent. In an era where lying about an investigation can land you behind bars, Bush is walking on thin ice as accusations begin leak.

LEGAL LINE PODCAST IV - Spygate is Back and Why Matt Walsh is a Key Player

Spygate has resurfaced.

Can Matt Walsh bring more evidence to the table? He's saying he has more information on the Patriot's illicit tactics, but just how important is he?  

Just click on the title above to listen, or simply copy the link below and paste it into your browser.

http://web.mac.com/daniels3636/iWeb/Site/Podcast/Podcast.html

Possible Lockout in the NFL?

By Scott Daniels, Esq., NFL Draft Bible

If you haven't realized yet, the National Football League is clearly the most dominant of the four major sports in America. Ratings prove it. Revenue proves it. The circus that surrounds the Superbowl proves it.

NFL players are signing monumental contracts and teams are raking in millions with the success of the league. While baseball is attempting to weather the steroid storm, hockey is still recovering from a lockout a few years ago. And finally, the National Basketball League is more concerned about globalization than popularizing the sport in the states.

Following what has been dubbed one of the greatest Superbowl's of all time, the NFL appears to be virtually incapable of failure, even with Spygate and the intermittent presence of a few bad apples.

Well, it seems appearance can be misleading.

The NFL may be in serious trouble.

As many of you are well aware, the body of law in the NFL is the Collective Bargaining Agreement (CBA). It's essentially a long list of bylaws agreed upon by the owners and the National Football League Players Association (NFLPA). It's like a constitution for professional football.

The current CBA is slated to expire in 2011. Interestingly enough, the player's association or the owners can opt out of this agreement on or before November 8, 2008. If that happens, 2009 will be a normal season and in 2010, the league will not have a salary cap.

With no working CBA in place, a lockout or player strike would be inevitable. Apparently, the owners and the players are very far apart at this point. The main dispute, as it was before the two sides came to an agreement to extend the current CBA in 2006, revolves around revenue sharing.

The owners feel that the players are receiving more than they deserve through the current revenue sharing program and some owners have began to quietly express their discern about this. In fact, Gene Upshaw, executive director of the Player's Association, is preparing for the owners to opt out of the current agreement.

The financial ramifications of a strike or lockout are huge. The National Hockey League suffered a huge decline in popularity and lost more than just money after their strike in 2004. Thousands of loyal fans simply became disinterested.

So, once again, as we've seen so many times in sports, the players and owners are at odds over dollars. With millions of dollars comes greed. Both sides will have to make concessions, or we could face the real possibility of a strike in the NFL.

NFL Conspiracy or a Senator's Hidden Agenda?

By Scott Daniels, Esq., NFL Draft Bible

Just when you thought "Spygate" has finally become a thing of the past, the New England Patriots and the NFL have been targeted yet again. This time, Arlen Specter, a Senator from Pennsylvania, has publicly questioned the motives of Roger Goodell and the NFL in their destruction of the videotapes they confiscated from the Patriots earlier in the year.

Conspiracy within the NFL or a cheap publicity stunt?

Senator Specter made headlines this week by questioning Goodell's intentions in handling the investigation surrounding Spygate. In fact, Specter wants to bring Goodell in front of the Senate Judiciary Committee to explain why he destroyed the videotapes related to Spygate.

The notion of destroying evidence immediately translates into an inference of guilt. It leads one to believe that the NFL had something to hide in those tapes. And more importantly, it begs the question - Why did the actual videotapes from Spygate have to be destroyed?

But lets be real here people. We're talking about the NFL, not our nation's national security.

Although these tapes were effectively destroyed and the public will never know exactly what was on those tapes, I'm pretty sure the contents of those tapes would be relatively unimportant to members of the United States Senate.

So why is Senator Specter lambasting Commissioner Goodell and his decision to destroy the videotapes associated with Spygate?

Does he really care what was on those tapes? Doubtful.

Are Specter's constituents concerned about Mr. Goodell's actions? No chance.

Then why does Senator Specter care so much?

The answer is simple.

Senator Specter's number one political contributor is Comcast, a major cable company based out of Philadelphia. Comcast has been unsuccessful in persuading the NFL to allow the "Sunday Ticket" (coverage of every NFL game) and the NFL Network on Comcast's regular cable. Instead, the NFL has insisted on making their product a premium.

Specter has now threatened to strip the NFL of their "anti trust exemption," which permits the league to negotiate it's television contracts for the entire league as opposed to each team negotiating their television deals individually.

Interestingly enough, this is not the first time Specter has attacked the NFL on this issue.

In 2006, Specter publicly denounced the NFL's anti trust exemption and vowed to sponsor legislation that would effectively deprive the NFL from negotiating television contracts for every team.

Specter's public condemnation of Goodell and the NFL has nothing to do with Spygate. It has everything to do with Comcast's desires to get a piece of the billions of dollars the NFL is making off television contracts each year.

And as any shrewd politician would do, Spector chose to cry foul right before the NFL's biggest event. How convenient.

LEGAL LINE PODCAST III - 8 Billion Dollars Spent on What?!

The Superbowl, Vegas and that popular pool you enter every year.......This week's podcast is a special Superbowl edition.  Click on the above title to listen or cut and paste the below link.

http://web.mac.com/daniels3636/iWeb/Site/Podcast/Podcast.html

NFL Signing Bonus - Not So Much of a Bonus Upon Signing

By Scott Daniels, Esq., NFL Draft Bible

Terrell Owens may have something else to cry about after an arbitrator ruled against him in a dispute with his former team, the Philadelphia Eagles.

Owens was adopted by the city of Philadelphia after a phenomenal 2004 season and a heroic effort in the Superbowl. Although the Eagles were unsuccessful in defeating the Patriots that year, Owens lived up to his hype as one of the most dangerous threats to any NFL secondary.

What looked like a long and prosperous relationship for Owens and the Philadelphia Eagles turned out to be more like a vicious Hollywood breakup.

Following the 2004 season, Owens began a campaign of self-righteousness and demanded that the Eagles renegotiate his contract. In November of 2005, Owens was suspended by the Eagles for calling the organization "classless" and criticizing his Quarterback, Donovan McNabb.

Many labeled Owens' departure from Philadelphia similar to that of a bitter divorce. Following a dismal 2005 season where Owens was dismissed from the team with five games remaining, he went on to sign a multi-year deal with the Dallas Cowboys.

It seemed as though the dysfunctional marriage between Owens and the Eagles was all in the past.

Not even close.

The Eagles quietly attempted to recover $1.75 million of Owens' initial signing bonus. For starters, the Eagles garnished his last five paychecks in 2005 totaling $955,880.

Wait a minute. Aren't signing bonuses guaranteed upon signing an NFL contract, hence the name "signing bonus?"

Not quite.

NFL players retain the entire amount of their signing bonus as long as they carry out the terms of their contract. If the player himself breaches his contract, the team has every right to go after some of that signing bonus money.

Remember that guy Michael Vick? The Falcons are currently seeking to recoup his $22 million signing bonus after his infamous actions.

Last Friday, an arbitrator ruled against Owens after the Players Union, on behalf of Owens, brought a grievance contesting the Eagles' attempt to recover $1.75 million in signing bonus money (His signing bonus was worth $2.3 million). The ruling effectively requires Owens to fork up the remaining $769,120. The Eagles already got the other $955,880 when they refused to pay him for last five games of the 2005 season.

In an interview with Mike Tirico on ESPN radio, Owens was asked how he felt about the situation. Owens replied, "It is what it is" and expressed his disappointment with the Players Union.

When asked about his concern about having to pay back almost $800 thousand to his former team, Owens said, "I'm not gonna really worry about the money. Money doesn't really make me."

Interesting. I'm pretty sure it was Owens' greed for more money that created this situation in the first place.

THE CLIENT THAT KEEPS ON GIVING

By Scott Daniels, Esq., NFL Draft Bible

Three strikes and you're out. It doesn't refer to just baseball anymore.

Washington and California created sentencing laws based on the infamous phrase. A popular game show utilized the three strike principle for years (Family Feud). The phrase has become so much more than an explanation of a baseball rule.

Fortunately for Adam "Pacman" Jones, the NFL has not enacted a "three strikes and you're out" policy. Because if they did, Jones would have been booted from the league a long time ago.

And by "a long time ago," I mean 2006, since Jones has only been in the league for two years.

Jones is staring at a potential sixth arrest since he was drafted by the Tennessee Titans in 2005. His lawyer probably doesn't need another client. His agent on the other hand may need to start looking.

Jones made the news once again for allegedly hitting a woman at a strip club in Nashville. The victim claimed that Jones hit her in the face following an altercation between Jones and security on January 3, 2008.

In the criminal defense world, Jones is known as the "client that keeps on giving." The man is a magnet for legal trouble. How many strikes will Jones get before the NFL has seen enough? Could this be the final straw?

In April of 2007, Jones told Roger Goodell, commissioner of the NFL, that he would stay out of strip clubs to avoid any more altercations. Well, even if these current allegations do not hold up, the fact still remains that Jones was in a strip club. Clearly the man has little concern over his future in the NFL.

For Pacman Jones, it may be more like "Six strikes and you're out." Commissioner Goodell will surely not be pleased with this recent news. While he has yet to officially ban a player from the NFL, Jones is certainly a perfect candidate.

Legal Line Podcast II

Maurice Clarett is the subject of discussion on this week's podcast as the legal world watched closely when he challenged a long standing NFL rule.....

Click on the title "Legal Line Podcast II" or copy and paste the below link.

http://web.mac.com/daniels3636/iWeb/Site/Podcast/Podcast.html

BUYOUT BEWARE

By Scott Daniels, Esq., NFL Draft Bible

It's known as the domino effect. Each year, as the college football regular season comes to an end, prominent college football head coaches and qualified no-names are lured away from their current programs for more lucrative jobs at prestigious institutions.

While most coaches leave for greener pastures, colleges and universities have only one line of defense when their head football coach chooses to jump ship; The Buyout Clause.

The buyout clause operates as a penalty that is to be levied on the head coach if they do not fulfill the duration of the contract. The school and the coach agree on a specific "buyout number" and if the coach leaves to take the reigns somewhere else, that coach must pay the school the agreed upon buyout number.

LSU's Les Miles had quite an interesting buyout clause in his last contract. It stated that if he were to leave LSU to become the head coach of Michigan - and Michigan only - Miles would have to pay LSU $1.25 million.

Although Miles was the frontrunner for the Michigan job, he ended up re-signing with LSU. No word as to whether or not the same buyout clause remained in his new contract.

Another buyout clause hit the news wires a few weeks ago when Rich Rodriguez, former head coach of West Virginia, accepted the offer to become the new head coach of Michigan.

Unlike some other dishonorable coaches, Rodriguez left his former coaching post with class and dignity. However, that did not prevent West Virginia from suing Rodriguez in an effort to collect the $4 million he now owes the school for breaking his contract.

West Virginia's buyout clause requires Rodriguez to pay the school $4 million over a two year period, in which 1/3 is due 30 days after employment termination. Rodriguez's resignation was effective December 19, 2007. Therefore, according to the buyout clause, Rodriguez has until January 18, 2008 to pay West Virginia approximately $1.32 million.

Even if we assume the buyout clause is valid, Rodriguez hasn't technically done anything wrong yet. He still has until January 18, 2008 to satisfy the buyout clause. So how is West Virginia able to institute a lawsuit when they have yet to be harmed?

Contract law, while somewhat archaic, is a beautiful thing. It's one of the few areas of the law that allows one side to sue and seek legal relief before they have actually been harmed.

Under the common law, a contract can be breached if one party makes it clear that he or she does not intend to perform the contract duties. While there have been reports - or should I say rumors - that Rodriguez is expected to dispute the buyout clause, only Rodriguez himself truly knows if he intends to abide by the agreed upon contract terms.

Essentially, West Virginia is under the impression that Rodriguez is not going to pay up. Could they have waited to sue until after the initial payment is due? Sure. Does West Virginia really need the $4 million owed to them? Absolutely not.

This lawsuit is not about enforcing a buyout clause. It's not about money either. It's about a school who wants revenge on their former head coach.

In West Virginia's case, the famed English historian and author Edward Gibbon said it best; "Revenge is profitable."