Capitals sue Alexander Semin, Mark Gandler, Gandler's Agency

[Drake1588]

guys, you need to take some Law courses. everything on this thread is a joke.

They're going after Gandler. They are not seeking damages from Semin in any sense, just establishing precedent and trying to ensure that he still owes two remaining years on his entry-level deal, should he return to the NHL. They can conceivably get damages from Gandler, however.

 

[wilka91*]

I can see that point too. If the Caps lose, there's nothing to stop players from going to Russia if they don't like their NHL contract. Ovechkin could score 85 points this season and leave the Caps for a better offer in Russia. I'm just using him as an example. It could be any player.

Oh my God! Stop seeing hockey contracts as something special.

Nothing can stop an employee (ANY EMPLOYEE, not just hockey players) leave the US and work in Russia (or any other country in the world for that matter). But you have to realize that by doing so, he'll get sued by his employer, lose the case, and face damages when (if)he (ever) returns to the US.

On a similar note Ovechkin can kill the US president and go to Russia, and there's nothing the Americans could do against him.

 

[wilka91*]

They're going after Gandler. They are not seeking damages from Semin in any sense, just establishing precedent and trying to ensure that he still owes two remaining years on his entry-level deal, should he return to the NHL. They can conceivably get damages from Gandler, however.

Ok let's say you are some programmer under contract with ... Microsoft for exactly 5 years. After 2 years you say f*** Microsoft, leave the US, sign a contract in France to work for Atari.

Microsoft will sue you for not fulfilling the contract. And of course, MS will likely "ensure that you owe them 3 years on his contract". That's as far as this lawsuit goes.

 

[Transported Upstater]

On a similar note Ovechkin can kill the US president and go to Russia, and there's nothing the Americans could do against him.

Somehow I doubt that is true.



And Vladimir Putin, for some reason, scares me to no end..I would never want to p*ss him off...

 

[Transported Upstater]

Ok let's say you are some programmer under contract with ... Microsoft for exactly 5 years. After 2 years you say f*** Microsoft, leave the US, sign a contract in France to work for Atari.

Microsoft will sue you for not fulfilling the contract. And of course, MS will likely "ensure that you owe them 3 years on his contract". That's as far as this lawsuit goes.

I think Microsoft makes you sign something saying you won't work for a competing firm for a small length of time...Or maybe it was another company...

 

[Drake1588]

Ok let's say you are some programmer under contract with ... Microsoft for exactly 5 years. After 2 years you say f*** Microsoft, leave the US, sign a contract in France to work for Atari.

Microsoft will sue you for not fulfilling the contract. And of course, MS will likely "ensure that you owe them 3 years on his contract". That's as far as this lawsuit goes.

Why are you are looking at this entirely in terms of the player?

The player is only part of it. Gandler's going to feel the squeeze here. Does it get Washington its player back? Probably not. It does serve as a pretty stark example for other agents, though, because the NHL is going after Gandler.

 

[wilka91*]

I'm not talking about Gandler at all. To be honest I don't even understand on what basis they're suing him. If he's Semin's agent, he's just that, a person representing another. But of course, I have no idea what role Gandler played in Semin's "escape" to Russia, that's why I prefer not talking about him.

 

[wilka91*]

Somehow I doubt that is true.

Oh because you think that the FBI operates outside US borders? That US judgements have any effect outside of the US?

 

[Drake1588]

I'm not talking about Gandler at all. To be honest I don't even understand on what basis they're suing him. If he's Semin's agent, he's just that, a person representing another. But of course, I have no idea what role Gandler played in Semin's "escape" to Russia, that's why I prefer not talking about him.

The complaint is in the public record. You can download it and read the claims the Caps have made concerning Gandler:

http://boards.washingtoncaps.com/forums/index.php?showtopic=23523&st=45

Links to the complaint and the Semin contract in question (Exhibit A).

 

[wilka91*]

I think Microsoft makes you sign something saying you won't work for a competing firm for a small length of time...Or maybe it was another company...

wow you just gave the definition of non competition clause

 

[wilka91*]

The complaint is in the public record. You can download it and read the claims the Caps have made concerning Gandler:

http://boards.washingtoncaps.com/forums/index.php?showtopic=23523&st=45

Links to the complaint and the Semin contract in question (Exhibit A).

thanks.

 

[Drake1588]

thanks.

No problem.

From what I've heard, and much of it is above my head, they are trying to restrict Gandler's freedom of action prior to the November transfer period, with the idea that they would use any representation he gives Semin during that period against him (Gandler) in the pending case. Whether any of that would encourage Gandler to bring Semin over to the US or not... beats me.

 

[Transported Upstater]

Oh because you think that the FBI operates outside US borders? That US judgements have any effect outside of the US?

What exactly did I do to you besides express a contradictory opinion? If you assume I am a die-hard USA fanatic, you have never read my posts...


Of course the FBI doesn't have jurisdiction in Russia. The "F" stands for Federal, not International, after all...

 

[wilka91*]

What exactly did I do to you besides express a contradictory opinion? If you assume I am a die-hard USA fanatic, you have never read my posts...


Of course the FBI doesn't have jurisdiction in Russia. The "F" stands for Federal, not International, after all...

I was being sarcastic. Sorry if I offended you in any way.

 

[Transported Upstater]

I was being sarcastic. Sorry if I offended you in any way.

Accepted.

And regardless, it will be interesting to see how this plays out, because I think it's more complicated than any of us is realizing...

 

[Epsilon]

Oh because you think that the FBI operates outside US borders? That US judgements have any effect outside of the US?

Does the US currently have an extradition treaty with Russia or not?

 

[wilka91*]

Does the US currently have an extradition treaty with Russia or not?

a country never extradites its citizens

besides, you don't need a treaty.

 

[GSC2k2*]

Ok let's say you are some programmer under contract with ... Microsoft for exactly 5 years. After 2 years you say f*** Microsoft, leave the US, sign a contract in France to work for Atari.

Microsoft will sue you for not fulfilling the contract. And of course, MS will likely "ensure that you owe them 3 years on his contract". That's as far as this lawsuit goes.

Are you a lawyer or do you just play one on this board?

I actually would like to know.

 

[wilka91*]

I only have a masters degree in business law, finished my studies a month ago

 

[GSC2k2*]

I only have a masters degree in business law, finished my studies a month ago

A master's degree in business law? What in God's name is that? i have never heard of such a thing.

By the way, I AM a lawyer. For the most part, your statements in this thread are overly broad and accoridngly incorrect.

 

[wilka91*]

yeah I'm keeping it simple. besides, my English is not good enough to express myself with legal words. that's what you get for studying in a non-English spoken country

 

[Buffaloed]

Nothing can stop an employee (ANY EMPLOYEE, not just hockey players) leave the US and work in Russia (or any other country in the world for that matter).

An injunction filed in a court of the applicable country could prevent the person from working there. One would have to possess expertise in the laws of that country and its treaties with the former country to make a definitive statement on the matter.

But you have to realize that by doing so, he'll get sued by his employer, lose the case, and face damages when (if)he (ever) returns to the US.

It isn't necessary for the "villain" to return to the scene of the crime for damages to be collected. The bank accounts of Semin and Gandler can be frozen and subject to seizure by court order if they don't comply with the judgement. At the very least, the Caps can seek to have Semin's $1 million signing bonus returned.

 

[wilka91*]

An injunction filed in a court of the applicable country could prevent the person from working there. One would have to possess expertise in the laws of that country and its treaties with the former country to make a definitive statement on the matter.

True. The procedure is also known as "exequatur". But do you really think they'd do that, especially in Russia? What are the chances of success? 0.1%?

It isn't necessary for the "villain" to return to the scene of the crime for damages to be collected. The bank accounts of Semin and Gandler can be frozen and subject to seizure by court order if they don't comply with the judgement. At the very least, the Caps can seek to have Semin's $1 million signing bonus returned.

You're right. But does Semin have an account in the US?

Anyway, my point from the beginning is that this lawsuit won't have any impact on the relationship between the RSL and the NHL.

 

[kdb209]

a country never extradites its citizens

besides, you don't need a treaty.

I think there are a bunch of Columbian drug lords in US prisons who might disagree with you.

You don't need an extradition treaty. You can always request a foreign country to extradite either a citizen or foreign national, but they have no obligation to comply. A reciprocal extradition treaty places obligations on both sides to extradite suspects under specified conditions. Unfortunately, there is little a country can do to enforce the treaty if the other country still refuses to co-operate - see Mexico and narcotics suspects including those accused of killing US DEA agents.

 

[Buffaloed]

True. The procedure is also known as "exequatur". But do you really think they'd do that, especially in Russia? What are the chances of success? 0.1%?

There's over $1 million involved, of course they'd do it. The lawyers on both sides will be waving pom poms urging their clients to keep fighting. I'm not familiar with Russian lawsuits so I don't know how it'll turn out. If the Russian law is in conflict with US law, the case would be brought to the International Court of Commericial Arbitration of which Russia is a member.
http://www.jus.uio.no/lm/russia.international.commercial.arbitration.1993/

You're right. But does Semin have an account in the US?

Gandler has also been named as a defendant. Regardless of where Semin has his money they'll still go after Gandler's money. It'll have a chilling affect on agents if that avenue proves successful.

Anyway, my point from the beginning is that this lawsuit won't have any impact on the relationship between the RSL and the NHL.

I don't agree, but we'll have to wait to find out.