Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Why Is The NFL Calling Foul On Leaks During The Tampering Window?

Author: Scarinci Hollenbeck, LLC

Date: March 17, 2015

Key Contacts

Back

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.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

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

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

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

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!