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Would the Yankees sue A-Rod for “damaging the Yankees brand?”

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The idea of voiding player contracts in retaliation for PED suspensions is a non-starter at present, as the Collective Bargaining Agreement specifies that the Joint Drug Agreement constitutes the sole basis of punishment for PED use.  We talked a lot recently about why changing the CBA/JDA to include contract voiding is undesirable. In just the past week some players have gone on record saying that such a thing won’t happen unless some mechanism is built in to differentiate between active attempts to cheat vs. accidental ingestion of banned substances, but that changes the whole nature of the drug program and would lead to evidentiary trials for every positive test, and that seems like a stretch.

Yet it is a topic that simply won’t die. Buster Olney talks about it in today’s column, in which he reports how teams and their lawyers are trying to think of other ways to claw back money from players who use PEDs. After noting that the CBA prevents any such moves:

However, some lawyers believe there could other, more simple grounds — along the lines of the recent government suit filed against Lance Armstrong. Could a team file a lawsuit against a player — as they would any company or entity with which they worked — alleging that irreparable damage has been done to their business, to their brand, through the actions of the defendant?

Take Rodriguez, for example.

At the time the Yankees signed him to his 10-year, $275 million deal, after the 2007 season, they entered into the deal thinking that Rodriguez would continue as an important and marketable part of their franchise for years to come. This is also why they added $5 million incentive clauses that were attached to specific and historic statistical milestones — so he andthe franchise would share that wealth.

But after his admission of PED use in the spring of 2009, the practical usefulness of Rodriguez as a marketing piece was badly damaged — and now, with MLB close to concluding its investigation of Rodriguez, he is all but useless on that front.

It’d be pretty hilarious, after a century of hearing the Yankees talk about how their brand is sterling and their business is bigger than anything this side of God to suddenly claim that Alex Rodriguez did “irreparable damage to their business and brand.”

Plaintiff’s Attorney: “So it’s your testimony, Mr. Steinbrenner, that a century’s worth of domination and glory was cast asunder by the man sitting over there?”

Hal Steinbrenner: “Yes. Yes it is. No one knows who Babe Ruth, Joe Dimaggio, Lou Gehrig, Mickey Mantle and Derek Jeter are anymore. I tried to give a Yankees cap away to a small child yesterday and his father punched me in the ear.”

“Your witness.”

Seems unlikely but I suppose lawyers have made more outlandish claims.

Of course there’s something besides a lack of such chutzpah that would keep a team from doing that: opening the door to arguments in the future about just how valuable a given player is to the team’s brand.

In this hypothetical case wouldn’t A-Rod’s lawyers be obligated and motivated to argue how much good will the Yankees already received from him? The value of him in their marketing materials from the time he arrived until his name became Mudd? The value of his contributions to the 2009 World Series winning team? No, not in a baseball sense — that’s what A-Rod’s salary was for — but for all of the good will and marketing mojo that flowed out of that? Maybe the YES Network’s revenue would be part of that too? I mean, it would all have to be on the table if we’re talking about the extra-contractual damage the Yankees would be claiming, yes? It would have to be offset by the extra-contractual benefits, of which there have no doubt been many.

No team is going to want to wade into that. If, for no other reason, it would lay the groundwork for player suits in equity — think unjust enrichment theory — when a team realizes way, way more value from the player than that for which they paid. I wonder how many people feel better about the Nationals since Bryce Harper came up. Yasiel Puig totally changed the perception of the Dodgers in a month. There has to be some value in there, no?

Lawyers and their teams know this. But maybe they don’t care. Here’s the giveaway, from Olney’s article:

Could a team gain legal traction and win that argument? Could they get some money back? The longtime lawyer said he isn’t entirely sure. “But I’d file that suit if it involved a player with us,” he said, “because what do you have to lose?”

How utterly inspiring.

Trevor May joins eSports team Luminosity

CLEVELAND, OH - AUGUST 04: Trevor May #65 of the Minnesota Twins pitches against the Cleveland Indians in the sixth inning at Progressive Field on August 4, 2016 in Cleveland, Ohio. The Indians defeated the Twins 9-2.  (Photo by David Maxwell/Getty Images)
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When he’s not throwing baseballs, Twins pitcher Trevor May is an active gamer. He streams on Twitch, a very popular video game streaming site, fairly regularly and now he’s officially on an eSports team. Luminosity Gaming announced the organization added May last Friday. It appears he’ll be streaming and commentating on Overwatch, a multiplayer first-person shooter made by Blizzard Entertainment.

May is the only current athlete to be an active member of an eSports team. Former NBA player Rick Fox owns Echo Fox, an eSports team that sports players in games including League of Legends, Super Smash Bros. Melee, Super Smash Bros. for Wii U, Street Fighter V, Marvel vs. Capcom 3, Call of Duty: Infinite Warfare, Counter-Strike: Global Offensive, and Mortal Kombat X. Jazz forward Gordon Hayward is also a known advocate of eSports.

The NBA in particular has been very active on the eSports front. Kings co-owners Andy Miller and Mark Mastrov launched NRG eSports in November 2015. Shortly thereafter, Grizzlies co-owner Stephen Kaplan invested in the Immortals eSports team. Almost a year later, the 76ers acquired controlling stakes in Team Dignitas and Team Apex. The same month, the Wizards’ and Warriors’ owners launched a group called Axiomatic, which purchased a controlling stake in Team Liquid, a long-time Starcraft: Brood War website which has since branched out into other games. And also in September 2016, Celtics forward Jonas Jerebko bought team Renegades, moving them to a group house in Detroit. In December 2016, the Bucks submitted a deal to Riot Games in order to purchase Cloud9’s Challenger league spot for $2.5 million. The Rockets that month hired someone specifically for eSports development, focusing on strategy and investment. Last month, the Heat acquired a controlling stake in team Misfits.

Once an afterthought, eSports has grown considerably in recent years and now it should be considered a competitor to traditional sports. League of Legends, in particular, is quite popular, reaching nearly 15 million concurrent viewers at its peak in the most recent League of Legends World Championship. That championship featured a prize purse of $6.7 million with $2 million of it being split among winner SK Telecom T1’s members.

Orioles re-sign Michael Bourn to a minor league deal

TORONTO, ON - OCTOBER 04:  Michael Bourn #1 of the Baltimore Orioles hits a single in the fifth inning against the Toronto Blue Jays during the American League Wild Card game at Rogers Centre on October 4, 2016 in Toronto, Canada.  (Photo by Tom Szczerbowski/Getty Images)
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The Orioles have re-signed outfielder Michael Bourn to a minor league contract with an invitation to major league camp, MASN’s Roch Kubatko reports.

Bourn, 34, joined the Orioles last year in a trade from the Diamondbacks on August 31. Though he compiled a meager .669 OPS with the Diamondbacks, Bourn hit a solid .283/.358/.435 in 55 plate appearances with the O’s through the end of the season.

Bourn, a non-roster invitee to camp, will try to play his way onto the Orioles’ 25-man roster. If he does make the roster, Bourn will receive a $2 million salary, Jon Heyman of FanRag Sports points out.