Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 16, 2013
The Firm
201-896-4100 info@sh-law.comThe two contracts previously awarded to Alex Rodriguez are widely regarded as being the two worst contracts in the history of professional sports. The second contract with the New York Yankees was signed in December 2007, replacing a 10-year, $252 million deal with the Texas Rangers. The earlier package produced three straight last-place finishes, a 2004 trade to New York and a 2010 bankruptcy that left Rodriguez as the Rangers’ biggest creditor.
The current deal, which preceded Rodriguez’ admission of past doping, has spoiled the Yankees plan to capitalize on his eventual climb to the top of all-time home run leaders. Despite seriously declining play precipitated by two hip operations and the inevitable negative effects of the aging process, the current deal guarantees Rodriguez $275 million over 10 years, plus $30 million in performance bonuses without regard to his current production.
While A-Rod helped the Yankees win the World Series in 2009, this fading achievement provides little consolation for the Yankees and the fans, never mind the turmoil of the scandal that currently rages over his use of performance enhancing drugs. The 2007 mega-deal has also significantly hampered the team’s efforts to revamp their line-up and sign younger players.
So what can the business sector learn from this experience? Like the Yankees, traditional businesses can also be haunted by unwise bargains reflected in long-term employment contracts. It is not unusual for a company to enter into multi-year deals with the chief executive officer and other top personnel. Without question a “super star” executive can have high impact “on the team” just like in sports. Just ask Apple how much they miss their founder Steve Jobs. However, a strongly recruited, highly paid “star” CEO can similarly go into decline after a number of good years. Competition for the candidate can also lead a company to overpay out of fear of “losing out.”
We all should be reminded that past performance does not guarantee future success. Businesses have greater freedom than Major League Baseball owners when negotiating a private sector executive’s employment contract. Creating measurable performance criteria as prompts for bonus compensation awards and the inclusion of other provisions that protect the business by creating appropriate consequences for misfeasance can mitigate the risks of a long-term agreement.
Otherwise, the message is the same in baseball and business — be sure to balance the risks of the downside with the projected rewards for upside. If the bargain of the deal is not realized as projected, how does the contract address and/or cure the consequences of such failure?
If you have any questions about long-term executive contracts or would like to discuss the legal issues involved, please contact me, Gary Young, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
Author: Chris Seelinger

“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
Author: Chris Seelinger

Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
Author: Sean M. Pena

Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
Author: Nicholas Wall

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!