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201-896-4100 info@sh-law.comWhy Is The NFL Calling Foul On Leaks During The Tampering Window?
Author: Scarinci Hollenbeck, LLC|March 17, 2015
If you’re at all aware of the NFL, then you’ve probably heard about the myriad deals that were leaked before the free agency period began, during the short window when teams are allowed to speak with players’ agents, but before professional football contracts can be signed.
Why Is The NFL Calling Foul On Leaks During The Tampering Window?
If you’re at all aware of the NFL, then you’ve probably heard about the myriad deals that were leaked before the free agency period began, during the short window when teams are allowed to speak with players’ agents, but before professional football contracts can be signed.
You may have also heard that the league is pretty peeved about this flow of information.
What is the ‘legal tampering window?’
In 2013 the NFL introduced a new rule, allowing for a “legal tampering window”. Beginning at midnight eastern time on the Saturday before the official start of each new season and concluding the following Tuesday at 3:59 PM. No contracts can be signed during this stretch of time, however, agents are allowed to work with teams on the details of a potential deal to-be-finalized at the outset of the new season. Agents are essential during this stretch of time, as they are the ones required to negotiate with teams on the potential terms of a deal. No agent means no participation in the tampering window.
Well, the latest iteration of the tampering window began this past Saturday at midnight as it was supposed to, and by Sunday afternoon, the leaked finalized contract details were flowing. Announcements for deals regarding Ndamukong Suh, Byron Maxwell, Pernell McPhee and Jeremy Maclin were all released before the official start of the season this past Tuesday, and the NFL seemed rather upset. In fact, the league sent an email to all 32 teams warning of a forthcoming investigation regarding information leaks during the tampering window.
“Clubs were advised of the rules for the three-day negotiating period in PP-23-15,” the email read. “These rules include limitations such as that a club cannot make an ‘offer;’ or enter into a written or oral agreement of any kind, expressed or implied, or make promises or representations of any type concerning the terms or conditions of employment to be offered to any unrestricted free agent for inclusion in a player contract after the start of the new league year.”
The league is angry about leaked contract details before the season’s start
It seems as though the leaks got pretty bad during the review period – bad enough for the league to send a warning email. If you’re thinking, “well that doesn’t mean much, it could be an empty threat,” then take note of this: The NFL also requested that all teams hold onto their phone records from the tampering window period – concrete evidence that the league intends to look into teams’ negotiations this past weekend.
The leaks got so bad the Washington Post was prompted to ask “Will any NFL free agents actually remain available at that point?” in regards to the start of the season.
Sports media website SBNation called the tampering window “a farce,” explaining that the several-day stretch was meant to be a chance for teams to negotiate with players’ agents prior to the start of the season, but has simply become the “unofficial start of free agency.” Last year, it was different: bits and pieces of information bubbled to the surface during the tampering period, followed by a stream of finalized contract details at the official start of free agency. This year, however, some parties seem to have been emboldened by the relative inactivity of last year’s window.
How one team was dealt a blow during the tampering window
Sure, the idea of contract details leaking a bit early may seem harmless, but it can put teams in a tough spot. The Eagles learned all about this first-hand. Running back, Frank Gore, after spending his first 10 seasons with the San Francisco 49ers, was reported to have agreed to a deal with Philadelphia during the tampering window – an agreement, which obviously, was not allowed to be finalized, though details regarding the terms of the contract had been leaked.
As Gore’s deal with the Eagles splashed all over headlines, the running back was apparently having second thoughts as well as receiving other offers. These offers were fleshed out enough for him to have possibly recognized a better deal or maybe he just preferred another team, because ultimately, reports began leaking that Gore wasn’t sure about his deal with the Eagles. He would later explain to a friend that part of the reason for the switch were his concerns about Chip Kelly’s coaching style in addition to questions about the team’s other off-season moves. Gore was worried about deals the Eagles had made which he likely heard about through the aforementioned leaks.
Nowadays, Gore is a member of the Colts. Philadelphia lost out on a potential Hall of Fame running back due to untimely circumstances of the tampering window.
Signs indicate the NFL is looking deeper into what went on this past weekend. Players, both currently in the league and those who intend to enter soon enough, should be knowledgeable of this free agency period.
Interesting aspects of the rule:
The fact that the league designates a window for negotiations without allowing teams and agents to complete said dealings until the window ends, has emerged in the wake of the information leaks. Essentially, a deal cannot be struck between the start of the tampering window and the outset of a new season, and during that stretch, only agents are allowed to speak with teams. If free agency is coming for you in the near future, don’t forget the odd, yet important, tampering window of 2015.
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Why Is The NFL Calling Foul On Leaks During The Tampering Window?
Author: Scarinci Hollenbeck, LLC
You may have also heard that the league is pretty peeved about this flow of information.
What is the ‘legal tampering window?’
In 2013 the NFL introduced a new rule, allowing for a “legal tampering window”. Beginning at midnight eastern time on the Saturday before the official start of each new season and concluding the following Tuesday at 3:59 PM. No contracts can be signed during this stretch of time, however, agents are allowed to work with teams on the details of a potential deal to-be-finalized at the outset of the new season. Agents are essential during this stretch of time, as they are the ones required to negotiate with teams on the potential terms of a deal. No agent means no participation in the tampering window.
Well, the latest iteration of the tampering window began this past Saturday at midnight as it was supposed to, and by Sunday afternoon, the leaked finalized contract details were flowing. Announcements for deals regarding Ndamukong Suh, Byron Maxwell, Pernell McPhee and Jeremy Maclin were all released before the official start of the season this past Tuesday, and the NFL seemed rather upset. In fact, the league sent an email to all 32 teams warning of a forthcoming investigation regarding information leaks during the tampering window.
“Clubs were advised of the rules for the three-day negotiating period in PP-23-15,” the email read. “These rules include limitations such as that a club cannot make an ‘offer;’ or enter into a written or oral agreement of any kind, expressed or implied, or make promises or representations of any type concerning the terms or conditions of employment to be offered to any unrestricted free agent for inclusion in a player contract after the start of the new league year.”
The league is angry about leaked contract details before the season’s start
It seems as though the leaks got pretty bad during the review period – bad enough for the league to send a warning email. If you’re thinking, “well that doesn’t mean much, it could be an empty threat,” then take note of this: The NFL also requested that all teams hold onto their phone records from the tampering window period – concrete evidence that the league intends to look into teams’ negotiations this past weekend.
The leaks got so bad the Washington Post was prompted to ask “Will any NFL free agents actually remain available at that point?” in regards to the start of the season.
Sports media website SBNation called the tampering window “a farce,” explaining that the several-day stretch was meant to be a chance for teams to negotiate with players’ agents prior to the start of the season, but has simply become the “unofficial start of free agency.” Last year, it was different: bits and pieces of information bubbled to the surface during the tampering period, followed by a stream of finalized contract details at the official start of free agency. This year, however, some parties seem to have been emboldened by the relative inactivity of last year’s window.
How one team was dealt a blow during the tampering window
Sure, the idea of contract details leaking a bit early may seem harmless, but it can put teams in a tough spot. The Eagles learned all about this first-hand. Running back, Frank Gore, after spending his first 10 seasons with the San Francisco 49ers, was reported to have agreed to a deal with Philadelphia during the tampering window – an agreement, which obviously, was not allowed to be finalized, though details regarding the terms of the contract had been leaked.
As Gore’s deal with the Eagles splashed all over headlines, the running back was apparently having second thoughts as well as receiving other offers. These offers were fleshed out enough for him to have possibly recognized a better deal or maybe he just preferred another team, because ultimately, reports began leaking that Gore wasn’t sure about his deal with the Eagles. He would later explain to a friend that part of the reason for the switch were his concerns about Chip Kelly’s coaching style in addition to questions about the team’s other off-season moves. Gore was worried about deals the Eagles had made which he likely heard about through the aforementioned leaks.
Nowadays, Gore is a member of the Colts. Philadelphia lost out on a potential Hall of Fame running back due to untimely circumstances of the tampering window.
Signs indicate the NFL is looking deeper into what went on this past weekend. Players, both currently in the league and those who intend to enter soon enough, should be knowledgeable of this free agency period.
Interesting aspects of the rule:
The fact that the league designates a window for negotiations without allowing teams and agents to complete said dealings until the window ends, has emerged in the wake of the information leaks. Essentially, a deal cannot be struck between the start of the tampering window and the outset of a new season, and during that stretch, only agents are allowed to speak with teams. If free agency is coming for you in the near future, don’t forget the odd, yet important, tampering window of 2015.
