hockey's business and legal

Hockey’s Business and Legal Highlights November 1 Through 15 Including More Abuse Allegations for Chicago Blackhawks

Alec Roberson

It’s that time of the month when we take a look at what’s been happening in hockey’s business and legal world. Twice a month we cover the big and not so big stories in this arena. We also include a featured story of the period. Let’s take a look at what has been happening this period.

Hockey’s Business and Legal News

Carolina Hurricanes Defenseman Jaccob Slavin and Wife Start Campaign to Fight Human Trafficking

Carolina Hurricanes top defenseman Jaccob Slavin and wife Kylie have started a campaign named Fight for Freedom with a mission to help fight against human trafficking in the Philippines. The Slavins are not shy about their Christian faith or their desire to impact the community around them. While Slavin shines on the ice as an underrated top defenseman in the NHL, his off-ice impact may have even more lasting impacts. Their goal is to raise $1,000,000 to support International Justice Mission for this cause. We have discussed in detail before the multiple avenues for hockey players to explore their passions off the ice. This is yet another example of the good that hockey players can do outside of the game.

Sportico Releases New NHL Team Valuations

Sportico released its most updated NHL team valuations for 2023. There are now 22 teams over the $1 billion USD mark. The top team is the Toronto Maple Leafs at $2.65 billion while the bottom is the Arizona Coyotes at $675 million. However, the biggest increase year-to-year is the Carolina Hurricanes with a 59% valuation increase up to $980 million. Real estate and related businesses were included in the valuations in addition to revenue.

The driver behind the Hurricanes big jump might simply be the on-ice success. But it also has a lot to do with the organization pushing the limits and bucking trends. This includes their marketing campaigns and willingness to push for increased development and marquee events such as last year’s successful Stadium Series.

Western University Women’s Hockey to Move Forward with Head Coach after Conclusion of Abuse Investigation

In a previous hockey’s business and legal highlights article we took a look at yet another college hockey abuse incident. Specifically, this involved Western University’s handling of abuse allegations against women’s hockey head coach Candice Moxley and strength and conditioning coach Jeff Watson. Western University hired London, Ontario attorney Elizabeth Hewitt to conduct an independent investigation on the allegations. That investigation resulted in a report finding no wrongdoing by Moxley. However, the report did substantiate the allegations against Watson, and he is no longer a school employee. In a somewhat surprising move, the University decided to keep the report private. They are within their right to do so. However, this is surprising given the recent trend of other organizations, including the Chicago Blackhawks, making similar reports public.

The school let players know that Moxley would return as head coach. While many players initially indicated they would boycott such decision, it appears that many backed away from such decision. The big question here is whether Moxley and the women’s hockey program at large will improve following this incident. Or will it all be a mascaraed with the underlying issues remaining.

Three Member Panel Reaches Decision on 2018 Canadian World Junior Team Abuse and Appeal Filed

A three-member independent panel reached a final decision on its review of a report on the claims against the 2018 Canadian World Junior Championship team. The independent adjudicative panel held a hearing to determine whether players on the 2018 junior team breached Hockey Canada’s code of conduct, and if so, what penalties should be imposed. The report was provided by Henein Hutchison Robitaille LLP. After their decision, as is appropriate in these administrative proceedings, the decision was appealed. The report was provided to all parties but is not public at this moment, pending the appeal. Likewise, the players from the 2018 team remain suspended by Hockey Canada. This means they are ineligible to play, coach, officiate or volunteer with Hockey Canada-sanctioned programs pending completion of the appeal.

Updates Involving Hockey Neck Guards

In our last hockey’s business and legal highlights article we discussed various leagues making updates to their neck guard requirements following Adam Johnson’s tragic death. Since then, the German Ice Hockey League announced it will require neck guards beginning January 1, 2024.

While Hockey Canada requires the neck guards, USA Hockey has been slow to follow suit. However, that might be changing as the Board of Directors reccomended to the Safety and Protective Equipment Committee to require neck guards. Stay tuned on this as this may happen shortly after the turn of the new year. We previously took a hard look at the question of requiring neck guards in an article here and recommend checking it out for a deeper discussion.

Matt Petgrave Arrested and Charged with Manslaughter in Death of Adam Johnson

Following up on the Adam Johnson situation, the British police arrested Matt Petgrave and charged him with manslaughter. Typically, in sports, criminal actions are extremely rare. This is due to players “assuming the risk” of physical contact required to play the sport. You can’t sue someone for checking you in hockey. Even dirty hits do not rise to the level of off-ice punishment. But there are times where the action is so egregious that it goes beyond the risk assumed. That’s when criminal charges or civil lawsuits rise to the surface. One famous hockey incident included Marty McSorley swinging his stick like a baseball bat at Donald Brashear. Due to the incident, he was criminally charged with assault with a deadly weapon.

Even though this is the United Kingdom and there are some differences, the United States does follow English Common Law so a lot of the legal concepts are similar. While we do not recommend watching the video of the Johnson incident, it seems like everyone that has watched it has their own opinion. The British police saw enough to bring the charges. Did Petgrave intentionally kick his leg towards Johnson or was it completely an accident? It’s a big hurdle to jump to rise to criminal charges but one that will have to be very meticulously analyzed. Remember that at this time it is just a charge and Petgrave has not been found guilty of anything.

CAA Forms Sports Focused Investment Bank

Creative Artists (CAA) Agency is a major player in the hockey player representation world. Notable clients include Mathew Barzal, Cole Caufield and Matty Beniers. However, CAA is making moves forward as they are working with M. Klein & Company to create CAA Evolution. This will be a new investment bank and advisory firm targeting the global sports, media, and entertainment industries. The new entity will work on deals affecting hockey’s business and legal sides such as team sales, media company maneuvers, and advise on capital raising. These areas were previously considered largely outside the scope of CAA and Evolution Media Capital.

Hockey’s Business and Legal Featured Story: Another Abuse Related Claim Against the Chicago Blackhawks

When Kyle Beach came forward to tell his story involving suffering sexual abuse from previous Chicago Blackhawks video coach Brad Aldrich, the world was shocked. His lawsuit against the Blackhawks alleging claims related to their mishandling of those events during the 2009-10 NHL season was ultimately settled. But the NHL slapped on a $2 million fine to the Blackhawks for their mismanagement. While the incidents were brought forward to upper management at the time, Chicago was making a deep run towards a Stanley Cup which they ultimately won. Because of this, those in charge operated under a win-at-all cost mentality and kept the incidents secret. Aldrich was let go but not without a severance package, a Stanley Cup ring, and references for further hockey jobs.

Now another member of the Blackhawks during the 2009-10 year has come forward with a negligence lawsuit against the organization. Like Beach, this player, identified as John Doe in the lawsuit and as Black Ace 1 as well, was a younger player called up to the team during the playoffs. There were many alleged incidents between Aldrich and this player that led to him going forward to those in charge. However, nothing really happened.

Another Negligence Lawsuit

In this lawsuit, John Doe is suing the Blackhawks for negligence in how they handled the entire situation. It goes back to the claim that the team won at all costs and put winning above the welfare or safety of its players. While Chicago conceded Aldrich’s actions, it wasn’t until a decade later. For negligence, the plaintiff has to prove the defendant had a duty, breached that duty, the breach caused harm, and the harm led to injuries. Seems like a really solid case to prove negligence here.

Chicago also reportedly has updated its processes and procedures for reporting and handling such incidents. The question is, will the team actually follow those if in a similar situation? Or do they still win at all costs and worry about the consequences later? It’s a scary question. But as far as this lawsuit, it’s likely the Blackhawks settle with John Doe much like Beach. Could there be more claims? And have things changed? We will see.

Post image attribution: vxla from Chicago, US, CC BY 2.0 https://creativecommons.org/licenses/by/2.0, via Wikimedia Commons

Alec Roberson

Alec Roberson grew up in coastal North Carolina, taking a somewhat unconventional path to hockey. With hockey being almost nonexistent in that area, Alec found his passion for the game following the success of the Carolina Hurricanes in 2001 and 2006 and later played club hockey in college. After going through law school and practicing for some time, he now continues his love for the game through writing. Find him on twitter @roberson_alec

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