News Article: News and Notes XXV: Higher than the Highest Boss

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GoldiFox

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No Darling until Sunday at the earliest. Waddell said the situation is a bit wait-and-see as far as carrying all the goalies.

He can’t comment on other team’s players who might be holding out. However through a series of hypotheticals it is clear that the Canes are very interested in players like Nylander and they believe they have the pieces to get a deal done. What Toronto decides to do will be up to them but it’s nice to hear essentially confirmation that the Canes are open to adding that kind of talent and salary.
 

MinJaBen

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Darling return leads to questions about when he starts. Chip has some insights as to what that means...

Brind’Amour said he was not sure when Darling would make his first start, saying, “Obviously soon. We’ll get him up, get him in the groove of everything and then make our decision.”

Canes recall goalie Scott Darling from Checkers
 

Chrispy

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Is that true? He's still Maple Leafs property. I would think that's still tampering even if he isn't under contract.

There are no tampering rules about a player who is not under contract. The Canes could talk privately directly to Nylander about a contract; that's how an offer sheet would happen. They can talk publicly about the idea of an offer sheet or trading for his rights.

Should they talk publicly about Nylander? No.
 

BB88

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A Star is Burns

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There are no tampering rules about a player who is not under contract. The Canes could talk privately directly to Nylander about a contract; that's how an offer sheet would happen. They can talk publicly about the idea of an offer sheet or trading for his rights.

Should they talk publicly about Nylander? No.
Of course they could talk contract. I meant more of the public side of things. I don't hear much publicly about things in this situation from other teams, so I'd still be interested to see a source for this.
 

Negan4Coach

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Lempo

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Of course they could talk contract. I meant more of the public side of things. I don't hear much publicly about things in this situation from other teams, so I'd still be interested to see a source for this.

Good luck with that. The NHL By-Laws aren't public, and so isn't the By-Law 15 about Tampering. Everything we get to hear comes from the news reporting when someone is investigated of breaching one. Hockey law geeks were exctatic when a part became public during Coyotes bankruptcy process.

But, Tampering essentially is a Circumvention of the CBA as defined in CBA 26.3, specifically a Circumvention of the Exclusive negotiation rights of another team stated in the CBA, by signalling in any way to a player under such rights that you'd like to have him maybe even on a better deal than his current team is offering. When someone is a Free Agent (a legit one as of July 1st, not a pending one in May or suchlike), it specifically means that his now-former team doesn't anymore have such Exclusive negotiation rights to Tamper on but he can be legally negotiated with and offered a SPC by any team. With a Restricted Free Agent, his former team has the right of first refusal to such negotiated SPC presented in the form of an Offer Sheet.

Doing things in public just may not be a smart thing for other reasons: you'd sillily give needless leverage for Nylander to up his ask if you went too loud in public about wanting him, because then you'd lose face if you won't get him in the end, and will give out optics of being a crappy place where FAs don't want to come.

Fun read of how smart people tamper:
Violation of tampering by-law in the NHL!?

Friedman went on to explain that players and agents were in the middle of tampering situations, with specifics examples. GMs across the NHL are getting the hang of this:

I had one agent flat-out tell me one time he had a conversation six months before his player got to free agency and said, ‘I’m not doing my job if I don’t test the market,’ “ said Friedman. “So he calls up a GM he thinks he’ll be interested in him and… they never mention names. ‘Will you be looking for a left-shot D next year?’

“‘Yeah. I’m looking for someone about 28 years old. Left-shot D. Maybe has a pedigree from the Western Hockey League.’

“So basically they’re doing everything except mentioning the name. And that’s kind of the way things go.”
 

Finnish Jerk Train

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Good luck with that. The NHL By-Laws aren't public, and so isn't the By-Law 15 about Tampering. Everything we get to hear comes from the news reporting when someone is investigated of breaching one. Hockey law geeks were exctatic when a part became public during Coyotes bankruptcy process.
"Only the governors are privy to the bylaws. It says so right here in the bylaws."
"Well you show me where it says that."
"You are prohibited from seeing the bylaws, it says so in the bylaws!"

+1000 likes for the first guy who knows which movie this comes from.
 
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Lempo

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Not just a movie, but a TV movie.

Although I have to say it's pretty good for a TV movie. Worth watching, especially since there aren't many decent hockey movies out there.
TV movies are the real deal. The makers of them know that their movies have to stand solidly on their own feet, with the audience not getting fooled by the grandeur of the cinema house and the big names on the marquee and not having to pretend that they didn't just spend $200 altogether to utter crap.
 
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