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00:00 The ongoing coronavirus situation has brought the sports world to a halt.
00:04 It's also raised many concerning legal questions, especially regarding the NBA and its eventual
00:10 resumption of play.
00:11 SI legal analyst Michael McCann joins us now.
00:14 And Michael, the CDC has made its eight-week recommendation when it comes to gatherings
00:18 of more than 50 people.
00:20 How will the NBA handle this?
00:23 And how much risks does the NBA take on by resuming the season at some point this summer?
00:28 Right.
00:29 I think as a starting point, they're going to heed the eight-week warning, the recommendation
00:33 by the CDC.
00:34 And I imagine that we'll see that adopted by any kind of league and entertainment operator
00:41 because of the fact that if they go forward and hold events, that even though they might
00:48 be permitted to do so, if something bad happens, there would be an easier argument that they
00:53 broke the law because it looks like they took an unreasonable step, a negligent step, if
00:58 you will, if they defied a CDC recommendation.
01:01 In terms of what happens when the NBA resumes, there are going to be all sorts of questions.
01:07 Are players going to be tested for every practice and for every game?
01:11 Will that be true of coaches?
01:12 Will that be true of referees?
01:14 What happens if a player, after things seem like they're better, and then a player tests
01:19 positive or a referee does or a coach, will the NBA shut everything down again?
01:24 These are hard, hard choices, and part of it, I think, depends on what is the available
01:29 science.
01:30 What more will we know then about COVID, and will test kits be available, and will they
01:35 be able to produce results that are timely?
01:38 Waiting a couple days won't work well for sports leagues.
01:41 Yeah.
01:42 You hit on a bunch of different legal angles when it comes to the NBA.
01:46 One of them were the player-to-player contact.
01:49 We've seen teammates, obviously, in Utah pass the virus to one another.
01:54 Would a player actually have a lawsuit if he was to contact the virus from one of his
02:00 teammates?
02:01 Yeah.
02:02 I mean, I think a player could, in theory, try it, but I don't think the lawsuit would
02:05 succeed.
02:06 One, it's very clinically difficult to prove how somebody got the virus.
02:11 There are all sorts of ways that it can be acquired, including through the air, including
02:17 by touching something and then touching one's face.
02:20 To actually prove that it came from one person, that seems like a stretch to me.
02:25 And then secondly, the fact is, I think players are going to have to accept that type of risk
02:31 as part of the sport, that basketball is a contact sport.
02:35 In order to play, you're going to come into close proximity to others.
02:39 I think it's difficult for a player to say, "Oh, I didn't know that risk existed," given
02:44 that we now know that risk clearly does exist.
02:48 Doomsday scenario here, worst case scenario, Michael, the NBA doesn't come back to play
02:53 this season.
02:55 What happens legally when it comes to the players, their contracts, and their pay?
03:00 So before I think the NBA were to invoke a right it has in the CBA, I think the NBA and
03:05 the Players Association would huddle and try to resolve amicably how to address that situation,
03:12 that the leagues aren't going to be taking, the teams aren't going to be taking any revenue.
03:17 I think it's understandable for the teams to say, "We shouldn't have to pay the players
03:20 everything."
03:22 At the same time, the players are expecting pay.
03:25 Some of them may be really relying on that pay.
03:27 My guess is they would work something out.
03:28 But if that doesn't happen, then the NBA has the force majeure power in the CBA where they
03:34 could declare that because of an epidemic, they have the right to terminate the CBA,
03:42 and teams then have the right to begin to withhold pay to players.
03:46 That would be a pretty dramatic move, and I don't think the NBA is going to take that
03:49 step.
03:50 If they do, though, there would then be a 60-day window where the league and the players
03:54 would negotiate a new CBA and hopefully a resolution to how to handle financial issues.
04:00 It could get messy.
04:01 There could be antitrust litigation because once the CBA is off the boards, there's the
04:06 possibility of an antitrust lawsuit.
04:08 It can get really complicated fast.
04:10 I don't think it's going to go down that path.
04:11 I think the owners and the players have a good relationship.
04:14 I don't think they want to see it blow up.
04:15 And let's face it, what will the country think if we're seeing billionaires and millionaires
04:20 arguing over money?
04:21 I don't think it's going to be particularly good public relations.
04:24 Yeah, so much to think about.
04:26 So much still unknown when it comes to this virus and when the sports world will resume.
04:31 SI legal analyst Michael McCann, thanks a lot, Michael.
04:34 Thanks, Ryan.
04:38 (upbeat music)