An unpublished example of my writing:
(Writer's note: I wrote this story, but I could not find anyone who was interested in buying it. I thought I'd post it here, so Sports Editors can review it. ---Denis Gorman, November 10, 2006)
By DENIS GORMAN ¶
In a league that is being defined by its young stars, Evgeni Malkin is one of the National Hockey League’s brightest. However, if Malkin’s former team in Russia has its way, that light may be snuffed out for the remainder of the 2006-07 season. ¶
The Pittsburgh Penguins’ rookie center is the public face of a nasty international fight over the validity of international contracts and individual player’s rights. ¶
Malkin’s former team, Metallurg Magnitogorsk filed a complaint in Manhattan’s Federal Court, alleging that the Penguins and the NHL interfered with the Russian team’s signed contract with the 20-year-old. The complaint also alleges that Malkin is in breach of his contract with the Russian Super League team. Preliminary hearings are set for Wednesday, November 15th. Alexander Berkovich, who is representing Metallurg, said that his client wants Malkin, the Penguins and the NHL to honor the contract. ¶
"A Russian player has a contract with a Russian club," explained Berkovich, who is also representing Lokomotiv Yaroslav in lawsuits against the Edmonton Oilers and Calgary Flames regarding the signings of Alexei Mikhnov and Andrei Taratukhin. "(Malkin) cannot declare himself a free agent." ¶
The Penguins did not sign Malkin as a free agent. Rather, the Penguins owned his draft rights after selecting him No. 2 overall in the 2004 draft, behind only the Washington Capitals’ Alexander Ovechkin.Berkovich pointed out that the Malkin case is nothing like the complaint Moscow Dynamo brought upon the Ovechkin last year. Berkovich, who represented Dynamo, said, "Ovechkin’s contract with Dynamo had expired. (In Malkin’s case), the signed contract is not an issue." ¶
No one disputes that Malkin had a contract with Metallurg. On August 7th, Malkin signed a one-year deal worth $3.45 million with Metallurg. Five days later, Malkin left Metallurg at Helsinki-Vantaa airport in Finland, having jumped on a plane headed to North America. What is disputed is whether or not Malkin could use Article 80, which is an opt out clause in Russian labor laws. The law states that employees can give two weeks’ written notice to their employer and they are free to seek employment elsewhere. In the court papers, Berkovich wrote that the resignation clause wasn’t applicable because Metallurg did not give Malkin their "consent" and that "the ‘resignation’ of Russian hockey players does not release or relieve the players of their obligations to Russian hockey clubs." ¶
The NHL disagrees with Berkovich. ¶
"It’s clear we do not agree with the legitimacy of the claims that have been made," NHL Vice President and Chief Legal Officer Bill Daly told the Post. "We intend to defend the case vigorously. ¶
"Individual player rights are at issue. But broader issues are also at stake regarding an employee’s rights under applicable law." ¶
According to Szymon Szemberg, the Media Relations manager for the International Ice Hockey Federation, the problem lies with the Russians for not signing off on the NHL-IIHF player transfer agreement. If a NHL team signs a player from a team that signed off on the agreement, his IIHF team receives $200,000 in compensation from the NHL. If said player is not on a NHL team’s active roster for 30 or more games in his rookie season, the NHL team is forced to pay a fine up to $150,000. Since Russia didn’t sign the agreement, Russian teams do not receive anything for developing players. Since 2003, Malkin, Ovechkin, Mikhnov and Taratukhin and Columbus Blue Jackets’ right wing Nikolai Zherdev are amongst the most notable players who left the Russian Super League for NHL riches. ¶
"They feel an agreement, with the current conditions, is not in their best interest," Szemberg said. "They basically want more money than the agreement stipulates for an IIHF-to-NHL transfer. It has hurt them in the sense that the Russian clubs have not received any compensation for the players who have left their league prior to the 2005-06 and 2006-07 seasons. The players who have left, would have left regardless if there is an agreement in place or not." ¶
It seems as if the off-ice controversy swirling around Malkin has not affected him.Since joining the team November 1st, Malkin has scored seven goals in six games, breaking the rookie record of six goals in six games, set in the league’s debut season of 1917-18 by NHL Hall-of-Famers Joe Malone, Cy Denneny and Newsy Lalonde. Malkin’s goal against the Devils on October 24th, in which he split Devils’ defensemen Colin White and Brad Lukowich before sliding the puck under future Hall-of-Famer Martin Brodeur, was the league’s early season highlight. ¶
"My dream was to play in the NHL," Malkin said in a conference call last week through interpreter George Berman. "It was difficult to have all those changes in the lifestyle (and) on the ice. But, to have the kind of teammates that I have, it becomes much easier. I have (a lot) of support from all (of) my teammates."
By DENIS GORMAN ¶
In a league that is being defined by its young stars, Evgeni Malkin is one of the National Hockey League’s brightest. However, if Malkin’s former team in Russia has its way, that light may be snuffed out for the remainder of the 2006-07 season. ¶
The Pittsburgh Penguins’ rookie center is the public face of a nasty international fight over the validity of international contracts and individual player’s rights. ¶
Malkin’s former team, Metallurg Magnitogorsk filed a complaint in Manhattan’s Federal Court, alleging that the Penguins and the NHL interfered with the Russian team’s signed contract with the 20-year-old. The complaint also alleges that Malkin is in breach of his contract with the Russian Super League team. Preliminary hearings are set for Wednesday, November 15th. Alexander Berkovich, who is representing Metallurg, said that his client wants Malkin, the Penguins and the NHL to honor the contract. ¶
"A Russian player has a contract with a Russian club," explained Berkovich, who is also representing Lokomotiv Yaroslav in lawsuits against the Edmonton Oilers and Calgary Flames regarding the signings of Alexei Mikhnov and Andrei Taratukhin. "(Malkin) cannot declare himself a free agent." ¶
The Penguins did not sign Malkin as a free agent. Rather, the Penguins owned his draft rights after selecting him No. 2 overall in the 2004 draft, behind only the Washington Capitals’ Alexander Ovechkin.Berkovich pointed out that the Malkin case is nothing like the complaint Moscow Dynamo brought upon the Ovechkin last year. Berkovich, who represented Dynamo, said, "Ovechkin’s contract with Dynamo had expired. (In Malkin’s case), the signed contract is not an issue." ¶
No one disputes that Malkin had a contract with Metallurg. On August 7th, Malkin signed a one-year deal worth $3.45 million with Metallurg. Five days later, Malkin left Metallurg at Helsinki-Vantaa airport in Finland, having jumped on a plane headed to North America. What is disputed is whether or not Malkin could use Article 80, which is an opt out clause in Russian labor laws. The law states that employees can give two weeks’ written notice to their employer and they are free to seek employment elsewhere. In the court papers, Berkovich wrote that the resignation clause wasn’t applicable because Metallurg did not give Malkin their "consent" and that "the ‘resignation’ of Russian hockey players does not release or relieve the players of their obligations to Russian hockey clubs." ¶
The NHL disagrees with Berkovich. ¶
"It’s clear we do not agree with the legitimacy of the claims that have been made," NHL Vice President and Chief Legal Officer Bill Daly told the Post. "We intend to defend the case vigorously. ¶
"Individual player rights are at issue. But broader issues are also at stake regarding an employee’s rights under applicable law." ¶
According to Szymon Szemberg, the Media Relations manager for the International Ice Hockey Federation, the problem lies with the Russians for not signing off on the NHL-IIHF player transfer agreement. If a NHL team signs a player from a team that signed off on the agreement, his IIHF team receives $200,000 in compensation from the NHL. If said player is not on a NHL team’s active roster for 30 or more games in his rookie season, the NHL team is forced to pay a fine up to $150,000. Since Russia didn’t sign the agreement, Russian teams do not receive anything for developing players. Since 2003, Malkin, Ovechkin, Mikhnov and Taratukhin and Columbus Blue Jackets’ right wing Nikolai Zherdev are amongst the most notable players who left the Russian Super League for NHL riches. ¶
"They feel an agreement, with the current conditions, is not in their best interest," Szemberg said. "They basically want more money than the agreement stipulates for an IIHF-to-NHL transfer. It has hurt them in the sense that the Russian clubs have not received any compensation for the players who have left their league prior to the 2005-06 and 2006-07 seasons. The players who have left, would have left regardless if there is an agreement in place or not." ¶
It seems as if the off-ice controversy swirling around Malkin has not affected him.Since joining the team November 1st, Malkin has scored seven goals in six games, breaking the rookie record of six goals in six games, set in the league’s debut season of 1917-18 by NHL Hall-of-Famers Joe Malone, Cy Denneny and Newsy Lalonde. Malkin’s goal against the Devils on October 24th, in which he split Devils’ defensemen Colin White and Brad Lukowich before sliding the puck under future Hall-of-Famer Martin Brodeur, was the league’s early season highlight. ¶
"My dream was to play in the NHL," Malkin said in a conference call last week through interpreter George Berman. "It was difficult to have all those changes in the lifestyle (and) on the ice. But, to have the kind of teammates that I have, it becomes much easier. I have (a lot) of support from all (of) my teammates."
posted by Denis P. Gorman at 12:02 PM
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