Summer Transfer Window

[Rimil]

Could re-negotiate the contract so it's structured like:

July - December 2016 $250k (below DP)
2017 $8 mil
2018 $8 mil

So technically he'd be making $6 mil per season on average, but he's not a DP this year and can take Lampard's spot next year.

this raises a very interesting strategy for a moneybags owner in a capped league. Get 3 DPs to start, have all the contracts end on the same year. In the last contract year get 3 future DPs, pay them a manageable amount, like 200k with a structured such that the real money is paid in their DP years which can be uncapped. Rinse and repeat. You'll have a steady 6 DP team on a 3 DP budget.

if we ever get to 4 DPs, then this strategy gets 8.... go to 5 and we can have a full starting team plus 1 paid down with TAM/GAM.

 

[NYCFCfan]

I'm fairly serious. The chatter as he was rehabbing was that he would/may be signing a one-year extension. It may have just been twitter nonsense, etc., NYCFCfan may recall the source(s). At the time, we joked about that on here as a worst case scenario. That aside, I would still think there's a good chance the one last hurrah will be more than the half-ish season he will have played this season. I'd take the better than a coin flip side that he will extend (health/team approval willing).

Pretty sure it was a joking suggestion on here, maybe twitter. Someone brought up the idea that he could re-sign as a non-DP and I thought that would be a good conversation to have, but AFAIK, there's been no word from him or the team on his plans following the season.

 

[NYCFCfan]

this raises a very interesting strategy for a moneybags owner in a capped league. Get 3 DPs to start, have all the contracts end on the same year. In the last contract year get 3 future DPs, pay them a manageable amount, like 200k with a structured such that the real money is paid in their DP years which can be uncapped. Rinse and repeat. You'll have a steady 6 DP team on a 3 DP budget.

LA is doing it with de Jong which is how they have him, Gio, Gerrard and Keane on the team too.

 

[JayH]

Pretty sure it was a joking suggestion on here, maybe twitter. Someone brought up the idea that he could re-sign as a non-DP and I thought that would be a good conversation to have, but AFAIK, there's been no word from him or the team on his plans following the season.

We could probably find it on here by searching "spontaneously combust" which is probably what I said at the time

 

[Kjbert]

the de Jong situation isn't necessarily as simple as it seems. I think the structure of the deal is such that he needs to play a certain amount of games to qualify for a DP contract. LAG was given a waiver I believe (of course they were) to do this. There were legitimate injury concerns in signing him.

I don't see any injury concerns with a guy like Balotelli.

 

[mgarbowski]

We could probably find it on here by searching "spontaneously combust" which is probably what I said at the time

that's my gig

 

[JayH]

that's my gig
View attachment 5360

Ha, that's right. Though apparently I only used it when referring to Lampard not playing (albeit when that means Ned would have played in his stead).

"If Lamps is ruled out and Grabs starts in his stead, Yankee Stadium may spontaneously combust."

 

[sbrylski]

the de Jong situation isn't necessarily as simple as it seems. I think the structure of the deal is such that he needs to play a certain amount of games to qualify for a DP contract. LAG was given a waiver I believe (of course they were) to do this. There were legitimate injury concerns in signing him.

I don't see any injury concerns with a guy like Balotelli.

I don't think it was a waiver, it's just that the league has to make a determination whether the bonus is essentially guaranteed to be met. If so, the bonus counts for cap purposes. LAG rode the line with the bonus such that De Jong was comfortable he would earn it, while the league was able to say his future potential earnings weren't guaranteed and therefore don't count against the cap until earned.

If the bonus was substantially likely to be earned, his DP contract would have been prorated including this year too and he wouldn't have fit on the roster.

 

[Kjbert]

Call it what you want - MLS allowed it to happen. I referred to it as a waiver. You can call it what you want. It's semantics

 

[sbrylski]

Call it what you want - MLS allowed it to happen. I referred to it as a waiver. You can call it what you want. It's semantics

A waiver has a pretty specific meaning, at least from this lawyer's perspective. It implies that MLS allowed LAG to do something against the rules, which they did not. I thought it was valuable to point that out.

 

[FootyLovin]

A waiver has a pretty specific meaning, at least from this lawyer's perspective. It implies that MLS allowed LAG to do something against the rules, which they did not. I thought it was valuable to point that out.

I think the bottom line on this is we can only truly understand this "exception" when/if another team publicly attempts the same.

• Is the next deal accepted/rejected?
• Are injury questions a part of it?
• Do other factors (e.g., deal length) matter?

 

[Kjbert]

A waiver has a pretty specific meaning, at least from this lawyer's perspective. It implies that MLS allowed LAG to do something against the rules, which they did not. I thought it was valuable to point that out.

The fact that you are a lawyer makes all the sense in the world now

 

[Ulrich]

A waiver has a pretty specific meaning, at least from this lawyer's perspective. It implies that MLS allowed LAG to do something against the rules, which they did not. I thought it was valuable to point that out.

Creative loophole since, from what I've read, all contracts are supposed to be divided equally among the length of the deal with only minor raises differentiating. That keeps them from front-loading a contract like what has been done so often in other sports (and then the player conveniently retires early or is cut). It should have also applied to back-loading the deal for NDJ, but it goes back to my post about the Law of Availability. NDJ is probably the first player willing to take a chance with a back loaded contract that isn't guaranteed - hence the loophole was allowed.

 

[sbrylski]

Creative loophole since, from what I've read, all contracts are supposed to be divided equally among the length of the deal with only minor raises differentiating. That keeps them from front-loading a contract like what has been done so often in other sports (and then the player conveniently retires early or is cut). It should have also applied to back-loading the deal for NDJ, but it goes back to my post about the Law of Availability. NDJ is probably the first player willing to take a chance with a back loaded contract that isn't guaranteed - hence the loophole was allowed.

This was the provision that the LAG presumably used to get De Jong under the cap. The definition of "readily achievable being the determining factor.

The League will determine, in its discretion, a Player’s Salary Budget Charge according to the following formula, provided, however, that MLS retains discretion to lower a Player’s Salary Budget Charge in individual cases:

1. taking the Player’s annualized base salary, multiplying it by 1.04;

2. adding to it any signing bonus paid or payable to the Player on a cash flow basis;

3. adding to it any readily achievable individual bonuses in the Player’s contract (calculated largely, but not solely, by reference to the Player’s performance in the previous year). For Players new to the League or who were injured the previous year, readily achievable bonuses shall be reasonably determined by MLS after consulting with the Union;

...

https://www.mlsplayers.org/images/Collective Bargaining Agreement - February 1, 2015.pdf

 

[Ulrich]

This was the provision that the LAG presumably used to get De Jong under the cap. The definition of "readily achievable being the determining factor.



https://www.mlsplayers.org/images/Collective Bargaining Agreement - February 1, 2015.pdf

If I understand NDJ's contract, his pay structure this year is below DP-level but pending ascension to a minutes-played threshold and topping it this year, then next year his salary becomes DP-level (+ a bunch) for the remainder of the contract.

The line item you posted explicitly says that a bonus is triggered only by the previous year's performance. So if NDJ's contract is fully-DP-level after this year (which we know it is - there are no claw-backs), then that line-item cannot be the impetus of the structuring and he is not receiving a bonus in the universally accepted framework of a 1-off grant.

 

[sbrylski]

If I understand NDJ's contract, his pay structure this year is below DP-level but pending ascension to a minutes-played threshold and topping it this year, then next year his salary becomes DP-level (+ a bunch) for the remainder of the contract.

The line item you posted explicitly says that a bonus is triggered only by the previous year's performance. So if NDJ's contract is fully-DP-level after this year (which we know it is - there are no claw-backs), then that line-item cannot be the impetus of the structuring and he is not receiving a bonus in the universally accepted framework of a 1-off grant.

The reference to the prior year's performance I believe applies to using last year's stats to determine if the player will achieve his current year bonus. E.g. a player who scored 10 goals last year and has a bonus for scoring another 10, the bonus will be counted against the cap.

It goes on to say this:

For Players new to the League or who were injured the previous year, readily achievable bonuses shall be reasonably determined by MLS after consulting with the Union;

I don't remember the details of De Jong's contract, was it based on playing time? I'm arguing that using this clause, the league would be able to "reasonably determine" that De Jong's playing time bonus is not "readily achievable" and therefore the full amount of the DP contract isn't amortized over the life of the deal until next year, assuming he realizes the bonus.

If true, it seems like a pretty big stretch by the league and sets a precedent that NYCFC and other teams should absolutely take advantage of.

If not true, they might have also just relied on the line that says they can do whatever the fuck they want: "MLS retains discretion to lower a Player’s Salary Budget Charge in individual cases"

 

[Ulrich]

The reference to the prior year's performance I believe applies to using last year's stats to determine if the player will achieve his current year bonus. E.g. a player who scored 10 goals last year and has a bonus for scoring another 10, the bonus will be counted against the cap.

It goes on to say this:

I don't remember the details of De Jong's contract, was it based on playing time? I'm arguing that using this clause, the league would be able to "reasonably determine" that De Jong's playing time bonus is not "readily achievable" and therefore the full amount of the DP contract isn't amortized over the life of the deal until next year, assuming he realizes the bonus.

If true, it seems like a pretty big stretch by the league and sets a precedent that NYCFC and other teams should absolutely take advantage of.

If not true, they might have also just relied on the line that says they can do whatever the fuck they want: "MLS retains discretion to lower a Player’s Salary Budget Charge in individual cases"

I think the only way NDJ's playing time threshold wouldn't be achieved is if he got a red card every other game..... which isn't a stretch of the imagination or reality.....

 

[Gotham Gator]

If people are still unhappy with how Saunders is on his distribution, maybe we could bring this guy in.

 

[mgarbowski]

If people are still unhappy with how Saunders is on his distribution, maybe we could bring this guy in.

OK, rules question. If his own teammate kicks it back to him, he can't use his hands. He can use his hands if they head it back. He threw that ball himself. If he caught up to it and knocked that ball away before it crossed the goal, would it have been a penalty?

PS: That video is hilarious.

 

[Gavin23]

If people are still unhappy with how Saunders is on his distribution, maybe we could bring this guy in.

Laughed really akwardly at work. Dont share this stuff again.