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The NFL is paying the price for underestimating its Daniel Snyder problem


By Sally Jenkins
Columnist
Yesterday at 11:03 a.m. EDT


The NFL’s handling of Dan Snyder will wind up as a textbook case study of a business debacle. Organizations that stonewall safety issues always get theirs in the end and pay much stiffer penalties than they had to, and Snyder is a safety issue. He’s like the Firestone tire recall of football.


The refusal by NFL Commissioner Roger Goodell and the owners who control him (those who aren’t somnambulant) to issue a written report on chronic sexual harassment in the Washington Football Team workplace is in keeping with a containment philosophy once expressed by Paul Tagliabue for dealing with scandals: “All’s well that ends.” But that philosophy assumes Snyder is just a run-of-the-mill bad businessman with nasty peccadillos, whose troubles are containable. It underestimates Snyder’s defects, and the cost of them.

There is no end to trouble with Snyder, as the league is discovering. It’s perpetual. He drags the pant cuffs of business partners into puddles of liquefied sleaze all along the way. The league thought it had ended the Washington scandal with the quashing of attorney Beth Wilkinson’s investigation, a fine of $10 million and the de facto suspension of Snyder. On the contrary, it is now more than 470 days and counting, and a seeping leak of noxious emails involving Snyder’s team has provoked the House Committee on Oversight and Reform to threaten to use subpoena power to pry open league communications and make Goodell explain his light handling of Snyder’s affairs.

Business academic Paul C. Nutt’s renowned study of infamous corporate missteps, “Why Decisions Fail,” should be required reading at the NFL headquarters right now because the league is checking every box in Nutt’s analysis of “debacles” and “blunders” by not divesting itself of Snyder as an unfit partner. Many of the explosive emails were included in Snyder’s needlessly vindictive legal filings against his former executive Bruce Allen, amid his feuding with former partners. This is what the league gets for its longtime expedient tolerance of him: blooming consequences that envelope everyone.

Organizations start with small misjudgments and wind up with massive exposure because they go for easier short-term solutions rather than recognizing a problem for what it is. It’s presumed that NFL owners fear litigation from Snyder if they attempt to force him to sell, but they miscalculated the real costs of warming this snake by the fire and will rue it.

In the late 1990s, treads on Firestone radial tires were separating and curling like snakeskins in hot weather, causing Ford Explorers and Expeditions to veer all over the highways and flip. Snyder is like that. At first, both companies denied there was a major safety issue and executives deemed a recall too expensive and unnecessary. The problem persisted for more than four years, until there had been more than 1,100 accidents and Congress convened hearings.

Does that dynamic sound anything like the NFL’s handling of Snyder?

Nutt once remarked to the Harvard Business Review that debaclers and blunderers tend to follow a distinct pattern. They “grab the first feasible choice that comes along, cram it down everyone else’s throats, point to data that supports the choice, and then battle resistance when they try to implement it.”

Again, anything familiar in that? Nutt has observed that companies make catastrophically bad decisions when they do “defensive evaluation,” sometimes spending millions on “investigations” and “studies” meant to merely find the expected and reaffirm the preferred action. Here is the critical point: Companies get in trouble when they focus on the cost of the obvious answer but do nothing to “estimate the potential costs of resisting it.”

The NFL has miscalculated the cost of resisting action against Snyder. Owners don’t like to put power moves on other owners or tell them how to run their businesses, lest they establish a precedent that can be used against them. After all, the league forgave Jim Irsay’s drug problems, frauds by Jim Haslam’s company, Bob Kraft’s groin massages and Jerry Jones’s photos with strippers; none faced severe penalties. There have been lots of dissolute owners with doormat teams. But no owner has ever discredited the league to this extent or made it more vulnerable to broad external investigation.


The fallout from Snyder’s affairs has tainted Goodell, league counsel Jeff Pash and all of his fellow owners with a hint of corruption, and it’s made them seem not just indifferent to harassment but active enablers of it. This comes just as they were trying to make headway on matters such as sexism, racism and homophobia. The league committed $250 million to a public campaign on social issues, trying to build a better image. Snyder acts as a one-man wrecking crew to all of it — and raises the question to Congress of whether his club is alone or actionable sexual harassment is rampant across the league.

The idea that Snyder’s degrading management style could be safely contained to one team was always wrongheaded. He doesn’t know how to do anything but feud and fleece, he treats people as disposables, and he never cares who might be collateral damage. His audience in Washington is utterly alienated, his attendance now dead last. If the league isn’t careful, that alienation will spread. The NFL needs to do a better cost-benefit analysis of the price of protecting him.
 
Tanya Snyder "tone deaf"....remember also, during pre-season she was interviewed, and talked only of how the investigation was a tough ordeal for her and Dan, like they were the victims, but they came out of it well, thankfully, not a single apology to the abused women, and spinning that off when re-asked about it.

She probably was even more tone deaf around the other owners in their recent closed-door owners meetings.
 
Tanya Snyder "tone deaf"....remember also, during pre-season she was interviewed, and talked only of how the investigation was a tough ordeal for her and Dan, like they were the victims, but they came out of it well, thankfully, not a single apology to the abused women, and spinning that off when re-asked about it.

She probably was even more tone deaf around the other owners in their recent closed-door owners meetings.

she's a s1ut for money. Thats all she cares about.
 

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Big week coming for WFT investigation

Posted by Mike Florio on November 1, 2021, 2:15 PM EDT

During the season, the NFL relies on an endless stream of bright, shiny objects to distract attention from controversy. Those objects shine brightly on Mondays, Thursdays, and Sundays.

But that can’t keep the league from completely avoiding scandal. The issues arising from the Washington Football Team investigation continue to linger. The deadline for responding to the letter from Congress seeking more information about the probe and the NFL’s handling of it arrives Thursday.

The most recent flare-up regarding the WFT investigation was self-inflicted. Last Tuesday night, Commissioner Roger Goodell conducted a press conference, and he faced several questions about the situation. His responses, and the fair criticism thereof, fueled the news well into Wednesday and beyond.

Consider Peter King’s comments from Monday’s Football Morning in America column. “I think my one takeaway from the league meetings is how tone-deaf Roger Goodell sounded, standing in front of the press on Tuesday and saying the sanction on the Washington football team and owner Daniel Snyder was just,” King writes. “The tone-deaf part, mostly, is insisting the league is protecting the aggrieved women’s collective privacy, when several of the women are begging for the investigation’s finding to be released. I kept thinking about how the NFL is aggressively moving to appeal to women fans, to increase the number of women who watch and follow the game. Those are the women who have to be thinking how crazy it is that the league is protecting Daniel Snyder over the women who worked for him and were wronged.”

It could have been worse. Normally, Goodell speaks at the end of the quarterly meetings, usually in the afternoon of the second day. This time, his appearance was tucked into the end of the first day, with a press conference that began at 7:00 p.m. ET, after repeated messages to the reporters that it “might” happen on Tuesday instead of Wednesday.

The ensuing cluster of the impromptu acceleration made the assembled reporters no less prepared to pounce. The league may have been caught off guard by the number and intensity of the questions. After several WFT-related topics, a league official rushed a microphone to Tim Graham, who covers the Bills for TheAthletic.com. The obvious hope was that he’d change the subject by asking for an update on the team’s effort to build a new stadium.

Of course, that subject didn’t land on the agenda until the second day. By the end of the first day, nothing new had happened with the owners regarding a potential Bills stadium in the Buffalo area.

Graham confirmed that events. “My main thing is I’m grateful for the chance to ask the question, but I didn’t want to,” Graham told PFT. “I wanted the focus, for the sake of my colleagues, to stay on more important issues.”

They did, even though it’s hard to do it at a press conference. As explained last week, Goodell needs to sit down for an extensive, one-on-one interview with the opportunity for meaningful follow-up questions — and not a one-hour softball batting-practice session with Morten Andersen, which went largely unnoticed for nearly two months (and which has grown from only 112 views to 124 views in the two days since it came to light).

Goodell won’t. Goodell can’t. But maybe he’ll eventually have to answer questions from members of Congress.

In that setting, there will be no one to whom a staffer can rush a microphone in the hopes of changing the subject.
 
NFL responds to Congress, and Congress isn’t satisfied with the NFL’s response

Posted by Mike Florio on November 5, 2021, 2:57 PM EDT

Fifteen days ago, the U.S. House Oversight and Reform Committee asked the NFL for information and documents about the Washington Football Team investigation and the league’s handling of it. On Thursday, the league responded.
On Friday, Congress made it clear that it’s not happy with the NFL’s response.

“Commissioner Goodell said the NFL will cooperate with Congress, and we expect him to make good on that promise by producing the documents requested,” Rep. Carolyn Maloney said. “In the spirit of transparency, I am calling on the NFL and Washington Football Team to honor the Commissioner’s public statement that witnesses to the team’s hostile workplace culture are ‘welcome’ to come forward. Congress has a responsibility to combat harassment and discrimination in the workplace. If the NFL shares our commitment to address these issues, it will be fully transparent about the findings of the internal review and will allow all individuals to speak freely without fear of retaliation.”

The other member of Congress who signed the letter, Rep. Raja Krishnamoorthi, joined in the call for more information.

“While Commissioner Roger Goodell has told the press that victims and witnesses are free to take their story public, he should know many of them do not have that option,” Rep. Krishnamoorthi said. “Dan Snyder, the owner of the Washington Football Team, has saddled them with gag orders, preventing them from coming forward due to fear of retaliation. If the NFL and the WFT are serious about addressing, among other things, sexual harassment within their organizations, they must allow these individuals to speak freely. The NFL has committed to producing documents. We look forward to seeing them.”

The NFL says it is willing to produce documents, but that has to balance the concerns against that.

“The NFL on Thursday submitted responses to the questions in the Committee’s October 21 letter,” NFL spokesman Brian McCarthy said in a statement. “As we have discussed with the Committee, we are in the process of identifying responsive documents while working through issues of privilege and anonymity promised to participants in the investigation.”

The league didn’t cite any specific privilege that may apply. The question of whether the attorney-client privilege applies to the investigation conducted by lawyer Beth Wilkinson has yet to be fully explored. On one hand, she wasn’t hired to give legal advice to the Washington Football Team. On the other hand, she made recommendations to the NFL. Do any of those communications fall within the attorney-client privilege?

As to protecting the anonymity of participants, the NFL has resisted the idea that names can be redacted. They most definitely can be. And as to the 650,000 emails that come from (supposedly) Bruce Allen’s official account with the Washington Football Team, the league already has said that those emails fall beyond the scope of the workplace investigation, so the issue of anonymity doesn’t apply.

Look for this to continue. The question becomes whether and to what extent Congress will push aggressively, issuing subpoenas for documents or for testimony. Chances are that Congress won’t simply accept whatever limited information the NFL will provide, and then move on.
 
Congress should just say until the give us the documents to review there is a hold on all public funding for stadiums and facilities. And mention if its not done in a timely manner they will look into revoking their anti-trust protection.
 
Cause if the public doesn't have the right to know what happen with snyder investigation and the nfl.
Then the NFL has no right to public money.
 
Congress should just say until the give us the documents to review there is a hold on all public funding for stadiums and facilities. And mention if its not done in a timely manner they will look into revoking their anti-trust protection.
The federal government doesn't pay for stadiums - its the cities and states that have been footing most of the bill for most of the stadiums
 
The Congressional probe of the NFL over the WFT investigation is only just beginning

Posted by Mike Florio on November 7, 2021, 10:03 AM EST

In the NFL, where a month can feel like a decade, stories often develop and resolve quickly. The Congressional inquiry regarding the Washington Football Team investigation and the team’s handling of it will not be resolved quickly.

As explained by Andrew Beaton and Louise Radnofsky of the Wall Street Journal, the push and pull between the U.S. House Oversight and Reform Committee and the NFL is only just beginning.

The league, as we understand it, won’t be challenging the propriety of the probe. Instead, the back-and-forth will be more about shaping carefully the contours of the information that ultimately is provided. Through it all, the league will be trying to steer the process away from triggering a public hearing.

The Oversight and Reform Committee conducts many investigations. A small percentage of them morph into major ordeals. For the league, victory entails avoiding the prospect of people like Commissioner Roger Goodell, WFT owner Daniel Snyder, and/or lawyer Beth Wilkinson being grilled by members of Congress on live TV.

The league has lawyers who will try to finesse the situation. The question becomes whether and to what extent the Committee is intent on pushing the issue.
While other NFL-related scandals have helped the league turn the page (for now) on the WFT debacle, the constant churn of controversy could make the Committee more inclined to sink its teeth as deep as possible into the issue that has landed on its radar screen. And it could prompt Congress to look for more opportunities to regulate and hold accountable the biggest and most profitable sports league in America.
 
The Las Vegas Review-Journal's David Ferrara reports former Raiders coach Jon Gruden sued the NFL and Commissioner Roger Goodell for defamation of character.
“Through a malicious and orchestrated campaign, the NFL and Commissioner Roger Goodell sought to destroy the career and reputation of Jon Gruden, the former head coach of the Las Vegas Raiders,” the lawsuit filed Thursday in Clark County District Court stated. Gruden’s lawyers also wrote in the 21-page complaint that the former coach was “forced to resign” after the "Defendants ratcheted up the pressure by intimating that further documents would become public if Gruden was not fired." This is a developing story that is far from over.
 
I feel like Goodell was waiting for this just to prove he wasnt the one he leaked them. and wants the leaker to be outed just because it could push that person out of the league and make everyone happy.

and have a suspension Dan Snyder or someone at Washington leaked them. because of the lawsuits between Snyder and Allen.
 

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Jon Gruden’s full complaint against NFL, Roger Goodell

Posted by Michael David Smith on November 12, 2021, 5:15 PM EST

The full complaint of the lawsuit that former Raiders coach Jon Gruden filed against the NFL and Commissioner Roger Goodell is available here.

Gruden filed the lawsuit in Nevada state court, alleging that the league and Goodell attempted to destroy Gruden’s reputation and career with their actions in selectively leaking certain emails sent by Gruden and uncovered during an unrelated investigation of the Washington Football Team.

The NFL is accused of breaking its own precedent by refusing to release documents and provide full transparency, and instead giving some of Gruden’s emails to the media while hiding all other emails involved in the investigation.
We’ll have much more analysis of Gruden’s lawsuit here at PFT.
 
NFL calls Jon Gruden allegations “entirely meritless,” vows to “vigorously defend” against the lawsuit

Posted by Mike Florio on November 12, 2021, 3:48 PM EST

The NFL has done what most parties do when sued in civil court. The league has denied all charges.

“The allegations are entirely meritless and the NFL will vigorously defend against these claims,” NFL spokesman Brian McCarthy said in a statement issued to PFT on Friday.

The league has the right to defend itself vigorously, and to believe that the allegations have no merit. And to say so publicly. The reality, of course, is that the truth ultimately will come out in court, with a judge and jury presiding.

Unless it doesn’t. The NFL undoubtedly will try to argue that the entire controversy belongs in arbitration, based on any and all terms from Gruden’s contract or from league policies or wherever and however the league can take the matter from a public forum when a jury of regular people will make a decision and cram it into a private setting, with a lawyer or a retired judge making the decision.

The league surely will fight this aggressively, since the process of producing documents and making witnesses available for testimony will shed light on something the league prefers to keep secret — the investigation of the Washington Football Team. If preliminary efforts to force the case to arbitration fail, the best move could be not to vigorously defend but to generously settle.

In hindsight, that’s precisely what the league should have done after its vigorous effort to force the St. Louis relocation litigation into arbitration failed.
 
Jon Gruden sues NFL, Roger Goodell for forcing Gruden’s resignation

Posted by Mike Florio on November 12, 2021, 3:27 PM EST

Jon Gruden has taken a page from the playbook of longtime Raiders owner Al Davis.

The former Raiders coach has sued the NFL and Commissioner Roger Goodell in Nevada state court.

“Through a malicious and orchestrated campaign, the NFL and Commissioner Roger Goodell sought to destroy the career and reputation of Jon Gruden, the former head coach of the Las Vegas Raiders,” the lawsuit alleges, via David Ferrara of the Las Vegas Review-Journal.

The complain contend that Gruden was “forced to resign” as a result of the persistent leak of supposedly secret emails from the Washington Football Team investigation.

“When their initial salvo did not result in Gruden’s firing or resignation, Defendants ratcheted up the pressure by intimating that further documents would become public if Gruden was not fired,” the lawsuit filed Thursday on Gruden’s behalf alleges. “They followed through with this threat by leaking another batch of documents to the New York Times for an October 11, 2021 article. On October 7, 2021, Jon Gruden was the head coach of the Raiders on a 10-year, $100-million contract. By October 11, 2021, he had been forced to resign.”

The initial article from the Review-Journal did not link the full complaint. Once it’s available, we’ll perform a full and complete analysis.

One key factor is whether the Raiders were specifically named as defendants. If so, the NFL won’t be able to remove the case from state court to federal court, a common practice by out-of-state interests that hope to avoid possible “home cooking” from elected state-court judges.
Obviously, Gruden got what he deserved based on the content of emails he sent to former Washington executive Bruce Allen. However, the emails should not have been weaponized to take Gruden out. Through this litigation, much more undoubtedly will be learned regarding who leaked the emails, and why.
 
NFL’s defense of Jon Gruden’s lawsuit likely will start with a fight over the proper forum

Posted by Mike Florio on November 12, 2021, 8:13 PM EST

The NFL has vowed to vigorously defend itself against the claims made by former Raiders coach Jon Gruden. Look or that defense to begin with the NFL attempting to get the case into the most favorable forum possible.

The league undoubtedly will remove the case from state court to federal court, arguing that none of the defendants sued by Gruden are residents of Nevada. Yes, Gruden’s lawsuit contends that the NFL is a “resident” of Nevada because one of its member clubs plays there, and because “it does business here and derives substantial revenue from its contacts with Nevada.” The NFL likely will say that doesn’t matter, that the NFL itself isn’t a resident of Nevada and that no Nevada-based party has been named as a defendant.

Federal law authorizes the removal of litigation from state court to federal court when an in-state defendant sues out-of-state parties in recognition of the reality that a state-based court will have a bias toward state-based plaintiffs suing out-of-state interests. Because the question of whether a case is litigated in state or federal court can in many situations determine the outcome of a case, it makes sense for the NFL to exercise its right to take the case to federal court. Gruden would then be required to initiate a fight aimed at getting the case returned to state court.

Regardless of whether the case proceeds in state or federal court, look for the NFL to find a way to argue that Gruden has an obligation, under either his contract or general NFL policies, to pursue any grievances through an internal arbitration process. Gruden’s lawyers will fight that claim, and the outcome will resolve whether a jury decides the case, or whether a single person — an arbitrator — resolves it.

Whenever the dust settles on where and how the case will be handled, the NFL could try to argue that the settlement agreement that reportedly resolved Gruden’s contract with the Raiders prevents a lawsuit against the NFL. That argument will be driven by the precise language of the waiver in the settlement agreement and the law applicable to its interpretation, including whether the document specifically preserves Gruden’s ability to sue the league, but not the Raiders.

Of course, the league is the Raiders, along with the other 31 teams. Thus, no matter what the settlement agreement states, it will be no surprise if the NFL argues that any waiver of the Raiders counts as a waiver of the NFL.

It likely will take months to conclude these preliminary battles between Gruden and the NFL. The resolution of those and any other threshold issues will influence significantly whether Gruden or the NFL will prevail on the question of whether the league violated his legal rights through the alleged leaks of emails he sent to former Washington Football Team executive Bruce Allen.
 
Jerry Jones on the Jon Gruden emails: That is not prevalent in the NFL

Posted by Mike Florio on November 12, 2021, 8:30 PM EST

The latest episode of Back on the Record with Bob Costas, premiering tonight at 11:00 p.m. ET on HBO, includes an interview with Jerry Jones. Costas, among other things, asks Jones whether the emails sent by former Raiders coach Jon Gruden reflect attitudes that are prevalent in the NFL.

“At the risk — at the risk — of pointing toward Jon, and I don’t want to do that, he’s a friend of mine,” Jones said. “But what I will tell you is that there is not that type of issue prevalent in the NFL, and I can speak to that directly.”

But can he really do that? What does he actually know about how people in the NFL communicate when no one else is looking?

If asked whether Gruden would have sent horribly racist, homophobic, transphobic, and/or misogynistic emails to former Washington Football Team president Bruce Allen or anyone else before those emails came to light, Jones surely would have said that Gruden would never do that.

But he did. So it’s difficult if not impossible for Jones to sweep with a broad brush in suggesting that Gruden was the aberration — especially as the NFL continues to refuse to produce the balance of the 650,000 documents from which the Gruden emails came.

That continues to be the best way to prove that Gruden was an outlier. Produce all of the emails and let us see for ourselves that no other poison lurked within those pages.
 
Jerry Jones on the Jon Gruden emails: That is not prevalent in the NFL

Posted by Mike Florio on November 12, 2021, 8:30 PM EST

The latest episode of Back on the Record with Bob Costas, premiering tonight at 11:00 p.m. ET on HBO, includes an interview with Jerry Jones. Costas, among other things, asks Jones whether the emails sent by former Raiders coach Jon Gruden reflect attitudes that are prevalent in the NFL.

“At the risk — at the risk — of pointing toward Jon, and I don’t want to do that, he’s a friend of mine,” Jones said. “But what I will tell you is that there is not that type of issue prevalent in the NFL, and I can speak to that directly.”

But can he really do that? What does he actually know about how people in the NFL communicate when no one else is looking?

If asked whether Gruden would have sent horribly racist, homophobic, transphobic, and/or misogynistic emails to former Washington Football Team president Bruce Allen or anyone else before those emails came to light, Jones surely would have said that Gruden would never do that.

But he did. So it’s difficult if not impossible for Jones to sweep with a broad brush in suggesting that Gruden was the aberration — especially as the NFL continues to refuse to produce the balance of the 650,000 documents from which the Gruden emails came.

That continues to be the best way to prove that Gruden was an outlier. Produce all of the emails and let us see for ourselves that no other poison lurked within those pages.

If Jerry says it doesn't happen, that's pretty much case closed.

He wouldn't protect a fellow pervert like Snyder. :rolleyes:
 
If Jerry says it doesn't happen, that's pretty much case closed.

He wouldn't protect a fellow pervert like Snyder. :rolleyes:
2021/2022 Could be epic.....nfl exposed on various scandals. Im so optimistic, want carnage, including congressional hearing into WFT investigation. Only way to correct the ship, its been allowed to go too far, thus corruption galore.
 
If Jerry says it doesn't happen, that's pretty much case closed.

He wouldn't protect a fellow pervert like Snyder. :rolleyes:
Roger Goodell is a member of the Augusta National Golf Club, the most racist and sexist golf club in America. That's the irony of the whole Jon Gruden affair. Goodell himself is the WASPy racist f**k who was born with a silver spoon in his mouth as the son of a Republican senator. Gruden, the son of a football coach, spent his life working in football and forming working relationships and friendships with black guys, whereas Goodell probably never spoke to a black guy in his life until he became NFL commissioner.

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Jon Gruden’s lawsuit raises several different claims against the NFL, Goodell

Posted by Mike Florio on November 13, 2021, 9:54 AM EST

In the 21-page lawsuit filed by former Raiders coach Jon Gruden against the NFL and Commissioner Roger Goodell, Gruden does what plaintiffs in civil cases often do. He has advanced every potential legal theory that the facts and circumstances may support.

As expected, Gruden leads with a claim for intentional interference with contractual relations. Gruden claims that the leaks of his emails to former Washington Football Team executive Bruce Allen caused Raiders owner Mark Davis to force Gruden to resign.

It’s arguably Gruden’s best claim. If the supposedly secret WFT investigation emails had been kept secret — if the NFL had sent them to Davis and to Davis only — Davis quite possibly wouldn’t have fired Gruden. (It will be helpful to Gruden if Davis eventually admits that in open court.)

That approach best compartmentalizes the content of Gruden’s emails and the manner in which the emails were used against him. If the league had not leaked the emails to the media, Gruden arguably could have continued to coach the Raiders.

Gruden, in his second count, alleges that the NFL and Goodell tortiously interfered with his future economic interests. Basically, he claims that leaking the emails necessarily dissuades others from doing business with him moving forward. Also, this claim potentially encompasses the contract Gruden may have signed with the Raiders beyond his 10-year, $100 million deal.

The third count alleges negligence generally against the NFL and Goodell.
This potentially becomes the primary fallback argument to the notion that the league or Goodell deliberately leaked the emails. Although the negligence count reiterates the contention that the emails were selectively leaked, Gruden claims that the NFL had a duty to safeguard the WFT emails, and that the league failed to exercise reasonable care to prevent the documents from getting out.

That’s a compelling and commonsensical claim. The league can insist all it wants that it didn’t deliberately leak the Gruden emails. But the truth is that something happened to result in the Gruden emails making their way out from behind Big Shield. Someone mishandled them. Someone leaked them. Someone allowed them to be put in a position that resulted in the documents being leaked.

There’s a doctrine in the law known as res ipsa loquitur. Latin for “the thing speaks for itself,” it means that, in certain cases, the mere occurrence becomes proof that negligence occurred. In this case, the NFL’s stubborn insistence that nothing from the investigation would be disclosed coupled with the fact that a handful of pages were provided to the media suggests that something screwy transpired.

The next claim alleges negligent hiring by the league. The argument boils down to a claim that the league entrusted these sensitive matters to people who failed to protect them. This dovetails with the fifth claim, that the NFL negligently supervised the employees responsible for handling the sensitive information.

The sixth claim accuses the NFL and Goodell of engaging in a civil conspiracy to engineer Gruden’s forced resignation. In other words, he contends that multiple people came together and planned to take Gruden out.

Whether the evidence will support Gruden’s various claims depends on the documents and testimony developed during the discovery process. Through it all, one fact is deniable. Confidential emails that the league had collected and selected for submission to the Raiders ended up escaping the league’s custody and ending Gruden’s NFL coaching career.

It makes sense for Gruden to aggressively pursue how it happened. Even though he got what he deserves for the sentiments expressed in the emails, that doesn’t give the NFL a license to selectively weaponize a few of the pages while concealing the rest of them.

That’s what bothers plenty of people. Gruden, who wasn’t even employed by any NFL team, became the only person to be held accountable for the 10-month investigation into years of misconduct at the Washington Football Team. If nothing else, Gruden’s lawsuit quite possibly will expose plenty of things that the league would prefer to keep secret.
 
NFL’s business structure will make it much harder to remove Jon Gruden’ lawsuit to federal court

Posted by Mike Florio on November 15, 2021, 12:57 PM EST

The early stages of a civil lawsuit can in many ways determine its outcome. For big-money interests sued in a different state by a citizen of that state, the first task is to find a way to remove the case from state court to federal court.

Congress has recognized the concept of home cooking when it comes to the court system. When the money at issue exceeds a specific statutory amount (it has climbed from $10,000 to $50,000 to $75,000 in recent decades), an out-of-state defendant can take the case out of the state-court system and into the federal system, where the judges aren’t elected by residents of the state but appointed for life.

In the lawsuit filed by former Raiders coach Jon Gruden, the NFL will want to take the case to federal court. As explained by Daniel Wallach, however, the league’s business status as an “unincorporated association” may keep that from happening. Or, more accurately, from succeeding. (The league can remove the case and the force Gruden to initiate an effort to send the case back through what’s called a motion to remand.)

If the league were a corporation, its residence would be the state in which it has officially been incorporated and (if different) the state in which its principal place of business is located. But, as Wallach explains it, the league isn’t a corporation.

This makes it vulnerable to being sued in state court in every state where the NFL does business, even if the local team (as in Gruden’s case) isn’t joined as a defendant.

While the fact that the NFL consists of its 32 members and thus can be sued wherever they are located will help Gruden for the purposes of keeping the case in state court, it makes the precise language of the waiver (if any) signed by Gruden when he settled his remaining contract claim with the Raiders even more critical. Unless the paperwork specifically exempted the rights that Gruden now asserts, the NFL could argue that a general release of claims against the Raiders benefits the other members of the unincorporated association.

It all comes down to the language of the agreement, along with the manner in which it would be interpreted by the appropriate court. Regardless, it apparently will be a state court and not a federal court that determines the issue, which is good news for Gruden.

It’s also possible that the NFL will try to force the entire dispute into arbitration, a far more favorable forum for big-money interests. Again, however, the threshold decision would be made by a state judge, not a federal judge.
 
Congressional committee contends NFL has “no valid basis” to withhold WFT documents

Posted by Mike Florio on November 22, 2021, 9:39 AM EST


A baker’s dozen of bright, objects from the eleventh Sunday of the 2021 NFL season isn’t nearly enough to lessen the ongoing Congressional glare created by the WFT investigation.

Via the Wall Street Journal, the U.S. House Oversight and Reform Committee disputes the NFL’s contention that one or more legal privileges attach to documents and other information the Committee has requested from the league regarding the 10-month probe into workplace misconduct over a period of years at the franchise owned and operated by Daniel Snyder.

“The NFL has no valid basis to withhold the documents the Committee is seeking,” a spokesperson for the Committee recently told the Wall Street Journal. “We expect the League to honor the commitment made by the Commissioner and fully comply with the Committee’s requests.”

When responding to the initial inquiry from the Committee earlier this month, the league explained that issues pertaining to the attorney-client privilege and/or the work-product doctrine may apply to some of the materials generated by the investigation, including the notorious trove of 650,000 emails that supposedly came solely from items sent to and received by former WFT executive Bruce Allen.

It’s easy to throw around the names of fancy-sounding legal privileges and protections. But mere invocation of the labels doesn’t mean the protections actually apply. Here, attorney Beth Wilkinson initially was hired by the Washington Football Team to conduct the investigation. The NFL eventually commandeered the probe. Who is the “client” in a situation like this, and at what point if any do Wilkinson’s conclusions or recommendations become the kind of legal advice that cannot be invaded? Those are important questions that could potentially show that there are no actual issues of attorney-client privilege involving these materials.

The work-product doctrine is a more slippery concept, arising largely from the notion that documents and reports generated by a lawyer, while not specifically communicating advice to a client, may include mental impressions that should not be revealed. In this case, Wilkinson was instructed not to create a report, which surely would have embodied many different impressions as to the relevant facts and/or the credibility of witnesses. If Wilkinson and/or her staff have generated notes, memos, or other documents that assess whether and to what extent (for example) witnesses are, or aren’t, telling the truth, perhaps the work-product doctrine applies.

That said, neither privilege presumably applies to the Bruce Allen emails. The NFL already has conceded that these documents fall beyond the scope of the investigation. The question then becomes whether personal or private communications between Allen and others should be fair game. Frankly, they already became fair game for whoever leaked the emails sent by former Raiders coach Jon Gruden. There should be no reasonable expectation of privacy for any emails sent from or to an official Washington Football Team account. Everything should be disclosed to the Committee.

The league is trying to create the general impression that it’s cooperating with Congress while reserving the right to specifically refuse to produce certain things. As Cowboys owner Jerry Jones recently told Bob Costas, “Certainly in every way does the NFL want to cooperate with anything Congress asks of it there.”

Yes, “in every way.” Except in the way that may entail damaging documents being given to Congress.

In every way. As long as it’s the way we choose.

The push and pull will continue. Ultimately, the question becomes whether Congress simply decides to issue subpoenas and hold hearings.

Although only a fairly small percentage of these investigations conclude with a formal, public process, it’s been obvious for weeks that the league is trying to hide something potentially massive, either as it relates to the Washington Football Team, some other franchise, or the inner workings of the highest levels of the league office.

Already, enough bits and pieces have emerged to take out Gruden and to tarnish longtime NFL general counsel Jeff Pash. If Congress pushes hard enough, further disclosures could lead to more accountability for others who otherwise would like to avoid their reckoning.
 

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