I don't actually care that much about the former Patriots coach reaching a deal with the NFL to talk about whether or not he spied on other teams, though if it turns out that they're a bunch of cheating cheaters, I'll enjoy a little schadenfreude at the expense of their fans. What I do care about is that the NYT quoted my friend Stephanie Stradley, also known as the Texans Chick:
Stephanie Stradley, a legal expert who has written and lectured on contractual indemnification law and writes a sports blog for AOL, reviewed the agreement Wednesday.
"It does a nice job of protecting each party from the worries each has," she wrote via e-mail. "It's very reasonable."
Stradley said that Walsh still had legal risks, but that they were greatly reduced by the agreement. She said part of the agreement protected the N.F.L.
By having Walsh turn over all his evidence and allowing his lawyer, Levy, to keep a copy, the league protects itself from any of the tapes leaking to the news media; otherwise the agreement is void. The agreement also says that any money Walsh makes from telling his story first goes to cover legal expenses included under indemnification.
Stradley added that companies with deep pockets who indemnify those with fewer assets, as in this case, run the risk of plaintiff lawyers' searching for an inviting target.
"The N.F.L. will defend Walsh, but they reserve the right to claim that Walsh wasn't working with the course and scope of his employment as it relates to losses, and the burden is on Walsh to prove it," Stradley said.