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New Kovy Update ("As the Kovy Turns")


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#6661 Triumph

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Posted 22 July 2010 - 05:30 PM

Just reading through the CBA some more these were of interest:


So once a grievance is filed(and a systems arbitrator picked) an investigator goes through everyone's emails and stuff, or whatever the arbitrator will allow.

Then the investigator tells makes a report(I'm assuming he does this even though it's not being released yet) of their opinion on if circumvention has happened.

Then Kovy, Grossman, The Devils, The NHL, and probably the investigator meet up and try to resolve the issue before going to the arbitrator.

If they don't come to an agreement then the parties go before the arbitrator and the investigator issues his report.

-------------------------------------------

So really there is no need for the Devils and Kovy to renegotiate now. They have until the investigation is completed, before the actual arbitration, to construct something with the league that works for everyone. After the investigation everyone would probably have a better idea on where they stand.



That shows that direct proof isn't needed for either side to make their case.


i don't think that's how it works - and i just read the relevant sections of Section 26 myself. that's how it might have worked for the marian hossa contract, but in this case, the league outright rejected the contract. the league has not said they are investigating it, so i don't think this is how things are going to work out.

reading section 11.6, i see no references to section 26. there's no investigator - there's arbitration and that's it. that's actually better for new jersey imo.

Edited by Triumph, 22 July 2010 - 05:36 PM.

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#6662 Devils731

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Posted 22 July 2010 - 06:03 PM

i don't think that's how it works - and i just read the relevant sections of Section 26 myself. that's how it might have worked for the marian hossa contract, but in this case, the league outright rejected the contract. the league has not said they are investigating it, so i don't think this is how things are going to work out.

reading section 11.6, i see no references to section 26. there's no investigator - there's arbitration and that's it. that's actually better for new jersey imo.60/134


I dunno, I think 11.6 references section 26 if the league plans to say they voided the contract due to salary cap circumvention. That's the league saying under section 11.6, as laid out in section 26, we believe a salary cap circumvention exists.

I think the Devils would be better off with a prior investigation taking place. The arbitrator will ask to see all the emails and stuff anyway, having a chance to confer with the league before all power is taken out of your hands is better, IMO.

It does look like 11.6 covers this situation better but it seems to me under section 26 both sides probably already are fielding investigators into the matter, they just have nobody to go to gain authority.

The other issue is one of Daly's emails specifically references section 26, so I wonder how that jives with 11.6 since it looks like this dispute will involve both. Although I've only seen Daly reference section 26.

Lifted from TG comment section poster Romeo:

Bill’s response:

Anthony - I cannot share more than what we have said publicly. But I would refer you to Article 26. Contrary to what some people believe, this is the type of situation that that Article was specifically intended to deal with. And I would argue that this contract, on its face, differs in very material respects from the “other contracts” that people keep pointing to. In addition, there are other elements here that compelled our action that are and must remain internal and confidential. But please be assured there is no “anti-Devils” agenda here. I would suggest if you are able to stand back and view this objectively, you would understand that we are simply attempting to protect the integrity of the CBA. Hope that helps. Bill


It seems to me the league may have been investigating this and feel they have more beyond just the contract itself. That's just an assumption obviously.

Edited by Devils731, 22 July 2010 - 06:05 PM.

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#6663 HOLLYWOOD

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Posted 22 July 2010 - 06:09 PM

FYI... on tonight

Posted Image EJHradek_ESPN Talking latest Kovalchuk/Devils news with Bill Daughtry on ESPN 1050 New York (www.espn.com/newyork) at 8:50 pm EDT. Check it out!
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#6664 DevsFan7545

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Posted 22 July 2010 - 06:14 PM

What are the chances he leaves after the 5 day period if the NHLPA doesnt file a grievance ???
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#6665 oofrostonoo

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Posted 22 July 2010 - 06:16 PM

What are the chances he leaves after the 5 day period if the NHLPA doesnt file a grievance ???

I feel like they are waiting until friday to announce so they have the weekend to get their sh!t in line.
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#6666 DevsFan7545

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Posted 22 July 2010 - 06:17 PM

I feel like they are waiting until friday to announce so they have the weekend to get their sh!t in line.

you think he might sign with some1 else???
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#6667 oofrostonoo

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Posted 22 July 2010 - 06:20 PM

you think he might sign with some1 else???

No, the NHLPA has 5 days to file....then once an arbitrator is put in place it's another 48 hours. I assume they are just taking their time and waiting for the weekend.
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#6668 HOLLYWOOD

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Posted 22 July 2010 - 06:29 PM


NHL can’t win Ilya Kovalchuk contract showdown, says prominent agent
By Brad Ziemer, Vancouver Sun
Read more: http://www.vancouver...l#ixzz0uSNeaOae

ANCOUVER — The National Hockey League is clearly trying to draw a line in the sand, but may not have a legal leg to stand on in its rejection of Ilya Kovalchuk's 17-year, $102-million US contract with the New Jersey Devils, one prominent agent said Wednesday.J.P. Barry of CAA Sports, whose large roster of clients includes Vancouver Canucks forwards Daniel and Henrik Sedin and Mason Raymond, said he doesn't see how the league can win what appears to be an almost certain showdown with the NHL Players' Association over its rejection of the deal.

"I have already done quite a few contracts that were front-end loaded and there is no language in the CBA addressing the term of contracts," Barry said. "So I am not sure what grounds they intend to rely upon."




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#6669 mmajeski06

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Posted 22 July 2010 - 06:34 PM

If there is a lockout maybe some folks will create a startup hockey league like Al Bundy did when baseball went on strike.


If there is another lockout, Gary Bettman better be forced to climb the nearest highest landmark and take a swan dive off of it. Posted Image
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#6670 Cerberus

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Posted 22 July 2010 - 06:37 PM

I know the Ranger rumors are garbage and I'm really not trying to give it legs.

However, considering that Kovy's status hasn't really reverted to UFA, would attempts to contact Kovy by NY or any other team during this time constitute tampering of some sort?

I wonder if anyone could attempt to throw a wrench in the works without any repercussions.
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#6671 Daniel

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Posted 22 July 2010 - 06:42 PM

NHL can’t win Ilya Kovalchuk contract showdown, says prominent agent
By Brad Ziemer, Vancouver Sun
Read more: http://www.vancouver...l#ixzz0uSNeaOae



Is it at all surprising that an agent who wants to get his clients long-term deals will say that the NHL won't win this one?
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#6672 JakeDev

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Posted 22 July 2010 - 06:46 PM

Is it at all surprising that an agent who wants to get his clients long-term deals will say that the NHL won't win this one?

this is what i like to hear
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#6673 MadDog2020

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Posted 22 July 2010 - 06:47 PM

If there is another lockout, Gary Bettman better be forced to climb the nearest highest landmark and take a swan dive off of it. Posted Image

Seriously. This stupid league lost an ENTIRE SEASON to a lock-out, and we're already talking about having ANOTHER lock-out 7 years after the last one ended? Which occured 9 years after the one before it? It's fvcking mind-boggling just what a sh!t-show this fvcktard has presided over.

Edited by MadDog2020, 22 July 2010 - 06:48 PM.

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#6674 oofrostonoo

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Posted 22 July 2010 - 06:54 PM

Seriously. This stupid league lost an ENTIRE SEASON to a lock-out, and we're already talking about having ANOTHER lock-out 7 years after the last one ended? Which occured 9 years after the one before it? It's fvcking mind-boggling just what a sh!t-show this fvcktard has presided over.

I don't think the upcoming CBA has as many issues as the past. Last lockout players got their salaries cut, and a cap was put in place. I don't think anything that major is going to happen. Has anyone else heard about any major issues?
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#6675 Daniel

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Posted 22 July 2010 - 06:58 PM

I don't think the upcoming CBA has as many issues as the past. Last lockout players got their salaries cut, and a cap was put in place. I don't think anything that major is going to happen. Has anyone else heard about any major issues?


There is speculation that the cap would drop something like $11 million with a new CBA.
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#6676 Triumph

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Posted 22 July 2010 - 06:59 PM

I know the Ranger rumors are garbage and I'm really not trying to give it legs.

However, considering that Kovy's status hasn't really reverted to UFA, would attempts to contact Kovy by NY or any other team during this time constitute tampering of some sort?

I wonder if anyone could attempt to throw a wrench in the works without any repercussions.


i am pretty sure that they would, yes. obviously russia is excluded here - kovalchuk could sign a deal in russia tomorrow.


Is it at all surprising that an agent who wants to get his clients long-term deals will say that the NHL won't win this one?


yeah i mean the headline should read 'self-aggrandizing agent likes name in paper'

I don't think the upcoming CBA has as many issues as the past. Last lockout players got their salaries cut, and a cap was put in place. I don't think anything that major is going to happen. Has anyone else heard about any major issues?


the salary floor is too high, this loophole has to be closed, and the players' union is doing a lot of saber-rattling about hating the way the escrow system is set up. i think there will be a lockout but that it will not cost the entire season.

Edited by Triumph, 22 July 2010 - 07:00 PM.

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#6677 sundstrom

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Posted 22 July 2010 - 07:02 PM

There is speculation that the cap would drop something like $11 million with a new CBA.


i have heard generalities that the cap my be artificially dropped, but on what basis the owners would do it, i have no idea. i mean - if they want to say, 45% of revenues isn't enough to keep enough teams in business, i suppose that's an argument but then it's a result of their own doing that they didn't get more the last time.
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#6678 maxpower

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Posted 22 July 2010 - 07:15 PM

i am pretty sure that they would, yes. obviously russia is excluded here - kovalchuk could sign a deal in russia tomorrow.




yeah i mean the headline should read 'self-aggrandizing agent likes name in paper'



the salary floor is too high, this loophole has to be closed, and the players' union is doing a lot of saber-rattling about hating the way the escrow system is set up. i think there will be a lockout but that it will not cost the entire season.


they also need a mechanism to keep the market from getting constipated when teams spend all of their cap space and have nowhere to go... when the bottom feeders don't want to spend any money other than to get near the floor. and since this isn't a dictatorship, they are going to have to do something beneficial for both sides.

I think this CBA sucks and only worked because the original cap was set so artificially low that it ensured big increases for a number of years going forward. now, in a crummy economy, where it looks like the best the cap can do is crawl upwards, you're going to have a market that is more limited every year. if they keep Kovalchuk through this process, the Devils have won an offseason. there's something not quite right about that.
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#6679 CADevilsFan

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Posted 22 July 2010 - 07:17 PM

Per TG

The Devils had been given a heads up by the league Monday evening that the contract would be rejected. Some of you have asked if Kovalchuk was aware of that before Tuesday’s news conference. It is my understanding that Kovalchuk and Grossman also knew of the league’s intentions before the news conference.



Well that's good, I think. Provided it's accurate.
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#6680 Daniel

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Posted 22 July 2010 - 07:22 PM

Per TG




Well that's good, I think. Provided it's accurate.


While I'd like something more than Gilutti's "understanding", I'm pretty relieved.
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