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.
Wednesday, May 28, 2008
Tuesday, May 20, 2008
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......
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......
Tuesday, May 6, 2008
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.
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.
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