Tuesday March 9th 2013 by Bigjhockey21
Agent Marty Magid is defending his conduct last week saying that the e-mail agreement to accept the contract offer was sufficient in the eyes of the NFL’s Collective Bargaining Agreement (CBA). Magid hired attorney David Cornwell to investigate the situation on behalf of himself and his ex-client Elvis Dumervil.
Cornwell said on Tuesday that he spoke with the NFLPA in the hopes of having the case further looked into.
The Broncos released defensive end Elvis Dumervil after a fax machine snafu Friday. (USA TODAY Sports)
Cornwell pointed out that that Article 4, Section 5a of the CBA states that the team and player only need an “agreement” on the contract. The section doesn’t specify that a deal has to be signed.
“Any agreement between any player and any Club concerning terms and conditions of employment shall be set forth in writing in a Player Contract as soon as practicable. Each Club shall provide to the NFL a copy of each such Player Contract within two days of the execution of such contract by the player and the Club,” the section of the CBA reads.
By that reading of the clause, the team and player reached an agreement when Magid e-mailed the Broncos at 3:24 p.m. ET Friday.
From there, the situation unraveled to the point that when the Broncos didn’t have an executed contract faxed over by the 4 p.m. ET deadline, they felt obliged to cut Dumervil rather than risk triggering a $12 million guarantee in the original contract.
The Broncos VP of football operations John Elway declined to comment on the situation. A team source said the Broncos did check with the NFL on Friday after Magid had emailed the team to make sure they were following proper procedure before ultimately terminating the contract.
The issue is important on multiple levels. First, Magid is hoping to maintain his standing as a certified agent with the NFLPA. Second, any legal claims by Dumervil if he is unable to get $8 million this season would possibly be directed at the Broncos or the NFL rather than Magid, who has been fired by Dumervil.
There is also some concern that the estate of the late agent Gary Wichard could pursue legal action in the Dumervil case. Because Wichard, who died in 2011, negotiated Dumervil’s original deal, his estate (and not Magid) may be entitled to the standard 3 percent commission from the contract. In this case, that would have been $240,000. A person close to Wichard’s family said Monday that Wichard’s estate would likely look into the matter.
Dumervil has subsequently hired agent Tom Condon, who has petitioned the league to have the restructured deal reinstated. Dumervil has a strong desire to stay with Denver.
Cornwell indicated it’s questionable whether Dumervil would be able to get compensation from the Broncos or the league. However, Cornwell’s concern is Magid, who he said “acted reasonably under the circumstances.”