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
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"
How Understanding Bankruptcy Trends Can Benefit Your Business post image

How Understanding Bankruptcy Trends Can Benefit Your Business

The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]

Author: Brian D. Spector

Link to post with title - "How Understanding Bankruptcy Trends Can Benefit Your Business"
SEC Takes Actions Against Issuers for Failure to File Form D post image

SEC Takes Actions Against Issuers for Failure to File Form D

In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]

Author: Kenneth C. Oh

Link to post with title - "SEC Takes Actions Against Issuers for Failure to File Form D"
Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda post image

Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

Author: Matthew F. Mimnaugh

Link to post with title - "Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda"
What Are FIRPTA Withholding Requirements? post image

What Are FIRPTA Withholding Requirements?

If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]

Author: Jesse M. Dimitro

Link to post with title - "What Are FIRPTA Withholding Requirements?"

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.

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

Please select a category(s) below: