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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.

Yasiel Puig visits the Statue of Liberty, meets a Yasiel Puig fan

Los Angeles Dodgers' Yasiel Puig reacts in dugout after hitting a RBI sacrifice fly against the San Francisco Giants during fifth inning of a spring baseball game in Scottsdale, Ariz., Sunday, March 6, 2016. (AP Photo/Chris Carlson)
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Yasiel Puig is in New York to face the Mets this weekend. Yesterday was a day off so he got to explore New York. You can tell he’s not a New Yorker because he actually went to visit the Statue of Liberty.

I likewise assume that Puig made it to where the boat leaves for Liberty Island with plenty of time to spare, because God knows he’s had a week in which him hustling to make it just in time wasn’t gonna happen.

In other news, Puig made a friend on the boat:

Wade Boggs did not wear his Yankees ring to his number retiring ceremony last night

BOSTON, MA - MAY 26:  Wade Boggs acknowledges the crowd during the retirement of his jersey #26 prior to the game between the Boston Red Sox and the Colorado Rockies at Fenway Park on May 26, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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The other day we had the non-controversy of Wade Boggs wearing his 1996 World Series ring, which he won with the Yankees, to a ceremony honoring the 1986 Red Sox. Last night, however, Boggs was feted as an individual, with his number 26 being retired at Fenway Park.

It was an emotional night for him. He was visibly choked up and said all sorts of things which clearly showed how much more, at heart, he is a Boston Red Sox legend than he is a legend of either of the other teams for which he played. And he made a comment about the Yankees ring thing too:

He wore his Hall of Fame ring on Thursday.

“I’m proud of it,” Boggs said of the ’96 Yankees’ ring. “But I didn’t feel like it was appropriate today being that it’s my day, it’s my number and everything like that. So I left it off.”

The dude hit .328 for his career and had 3,010 hits despite not even playing a full season until he was 25. He could wear a Little Orphan Annie decoder ring out there and no one would have the right to say boo to him.

Must-Click Link: Big Brother is Watching Ballplayers

Big Brother
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Over at Vice Rian Watt has a great story about how technology is changing baseball. No, it’s not about sabermetrics or statistical analysis. At least not as you all know and understand those things. It’s about how the players themselves are now becoming the data. About how wearables — little devices which monitor everything about an athlete’s behavior — and analysis of that behavior is changing clubs’ understanding of what makes baseball players excel.

Which is fine if you approach it solely from a technological standpoint and do that usual “gee, what a world we live in” stuff that such articles typically inspire. Watt, however, talks about the larger implications of turning players into data: the blurring of their professional and personal lives:

Welcome to the next frontier in baseball’s analytic revolution. Many of this revolution’s tenets will be familiar to anyone who works for a living—the ever-growing digitization and quantification of things never-before measured and tracked, for instance, or the ever-expanding workplace, the blurring distinction between the professional and the personal, and the cult of self-improvement for self-improvement’s sake. These broader trends are colliding with baseball tradition on backfields and in training facilities around the major leagues, and those collisions have raised questions about privacy, security, and what employees owe their employers.

Players already accept drug testing and rules about personal behavior. But can a club, armed with knowledge about how it affects a player’s performance, make rules about how he sleeps? What kind of shoes he wears off the field? Everything he eats?

I’m the last person to fall for slippery slope fallacies. In most instances there are lines that can be drawn when it comes to regulating the behavior of others and making new rules. But in order to draw those lines you have to ask questions about what is and what is not acceptable. You also have to acknowledge that it’s really easy for technology to get ahead of our ability to comprehend its ethical implications.

Vin Scully recites the “People will come” speech from “Field of Dreams”

James
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You all probably know my thing about “Field of Dreams.” Specifically, that I hate it. Maybe my least favorite baseball movie ever. And I have sat through “The Slugger’s Wife” at least twice. That’s really saying something. At some point I’ll watch it again and liveblog the experience to explain my position on this — I know all of you think I’m nuts for not liking it — but just accept that I don’t like it for now, OK?

But just because a movie stinks doesn’t mean every aspect of it is bad. I loved Burt Lancaster in everything he did and he did an excellent job in “Field of Dreams.” Same with James Earl Jones for the most part. I thought he did a great job playing a character which, at times, didn’t have as much to work with as he could’ve had. No, there are good elements of “Field of Dreams.” If there weren’t — if it were just a total turkey — it wouldn’t inspire the feelings I have about it. If it were an unmitigated disaster, I’d occasionally re-watch it on a so-bad-it’s-good theory.

The “People will come” speech is good. Not necessarily for its content — there’s some hokeyness to it — but because James Earl Jones does a great job delivering it. He could read the dang phone book and make it compelling

Yesterday Major League Baseball launched a partnership thingie with the Field of Dreams site in Iowa. Part of that effort involved having Vin Scully recite the “People will come” speech over some baseball footage. Watch and listen:

Personally, I’d prefer Vin to tell some kooky story about an opposing player actually being a part time flautist or what have you. He’s had many monumental moments, but Scully is Scully for the way he makes the workaday and the mundane sound poetic, not because he takes the already poetic and elevates it further.

Still, this is good. Even to a hater like me. And I’m sure a lot of you will love it.