When will the Kaepernick settlement details leak?

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Most civil settlements include a provision that requires the parties to keep the details of the deal — most importantly, the amount of money that changed hands — quiet and confidential. Few civil settlements will generate the kind of urgency to get the details as will the settlement of the collusion grievances filed against the NFL by Colin Kaepernick and Eric Reid.

Although the wishes of the parties should be respected, reporters and media companies (well, all media companies except the media company owned and operated by the NFL) will want to find out what the league paid, justifying the effort to invade a private agreement by citing the public interest.

The effort will be relentless, and it will be creative. For now, no one is talking. As time passes, and perhaps as alcohol flows in and around the Scouting Combine or the annual league meetings in late March, someone will.

Usually in cases like this, the person who receives the money is the one most likely to blab. In this case, the greater risk comes from the people doing the paying.

The NFL’s 32 teams will know the amount, because they’ll be paying the amount in 1/32nd chunks. It takes only one owner to whisper the amount to a reporter in order to get the number out, and it would be impossible for the league office to track down the leak.

If the amount of the payment was high and if an owner wants to make Commissioner Roger Goodell look bad for his handling of the Kaepernick situation, leaking the amount would do it. Conversely, if the amount of the payment was low (especially when divided by 32) and if an owner wants to make Kaepernick’s case look weak, leaking the amount would do it.

The subtle (or not) quid pro quo for whoever gets the information quite possibly would be to couch the payment the way the owner who leaks the payment wants it to be characterized. (The broader quid pro quo could entail a long-term vow by the reporter to “take care” of the source.) And there will be much speculation based on who gets the number as to how and from whom the person got it.

Once the number is out, that could spark another legal skirmish as to which party leaked it and whether some sort of sanction should apply. (Months ago, it was suggested during an episode of the #PFTPM podcast that the league should break the amount into five or 10 annual installments, with an understanding that the payments would immediately end if it can be proven that Kaepernick violated the confidentiality provision.) And it’s entirely possible that one side will leak the information in a way to make it look like the other side leaked it.

Regardless, it would be foolish to think that this information will never come out. It will. Even if it doesn’t, one of the upcoming annual reports issued by the Green Bay Packers may contain one or more hints about how much the Packers (and, in turn, the other 31 teams) paid to make the Kaepernick and Reid cases go away.

63 responses to “When will the Kaepernick settlement details leak?

  1. Neither party deserves for the settlement to be private when the whole thing has been held so publicly by both parties. The public has a right to know.

  2. There will not be any hints in the Packers annual report. Corporations do not list litigation settlements as separate line items.

    No one even knows if each team is being charged 1/32nd of the settlement. The amount may simply be a lump sum taken from a general revenue fund that is distributed to each team.

  3. Rest assured. While reviewing the financials for the Green Bay Packers, one will never find a line item that says “1/32nd payout to Colin Kaepernick”. It will be buried in such a way that no one will ever learn the amount via those documents.

  4. Robert Zak says:
    February 17, 2019 at 10:37 am
    Since the Packers are a publicly owned team, I am anxious to see what their 1/32 payout is.
    ===
    Its going to be lumped in with other liabilities. I don’t think it will be it’s own stand alone line item.

  5. Money is not the most important detail. Whether the owners will still bar him from being a player will also be answered soon. There is already speculation that Kap is getting 60-80 million dollars as settlement, probably because he thinks he can still play NFL football. If they want him out as part of the settlement, then he may not even agree to settle, since he figures he can win the case AND get the opportunity to play, since the league would probably be instructed to stop blackballing him.

    The timing of the settlement is also instructive. It happens before free agency and tjhe college draft begin. That is important because teams looking for a quarterback will have made their free agent acquisitions or drafted or even traded up to draft a player. Therefore the most reasonable conclusion is that Kap got about 60-80 million (40 mil for 2 years of back pay and 20-40 mil for emotional distress), with the expectation that the league will stop blackballing him.

  6. There is no way the Packers’ accountants won’t find a way to disguise the payment within another expense category.

  7. If there was legit evidence of collusion, and if they settled there probably was, he got full back pay for the years he wasn’t playing. Probably in the 80-100 million range.

  8. If indeed all 32 teams are sharing equally in the damages, then you can expect a leak sooner rather than later. They didn’t all collude. A finding of collusion means that the offending clubs get hit with the compensation award. So – if they are all paying – that’s potentially 30 clubs paying out millions of dollars when they did nothing wrong.

    That’s the kind of thing that gets leaked pretty quickly.

  9. Publicly traded companies aren’t required to disclose the outcome of litigation unless it’s material to their bottom line. So it’s unlikely GB will report its share of the settlement in its financials.

  10. The NFL should of let Kap play and then allowed him to get blasted out of the game.

    No litigation – End of the road.

  11. I expect leaks and differing amounts / terms to be “leaked”, creating further confusion and doubt about the truth of the matter. It’s pretty clear already that some want the league to be hosed, and some want them exonerated. The leaks will feed the furor for both camps.

  12. The most interesting thing will be to see how the league responds in coming seasons when numerous players with consciences start kneeling again, in larger numbers than ever before.

  13. If KC’s lawyer had 100 proof of collusion, then why settle at all? With a confidentiality agreement along with it? Move full steam ahead and take the NFL to the cleaners and expose the collusion.

  14. May I make a suggestion? Provide a Kaepernick tab at the top of the page. A tab/page devoted to Kaepernick. All Kaepernick, all the time! Thank you for this consideration.

  15. Even if one owner leaks it, doesn’t the reporter need to confirm it with another source? “If your mother tells you she loves you, check it out.”

  16. He’s worth about $0.65 and two packs of fruit stripes but these NFL owners have more money that God so it doesn’t hurt them to throw this sell out a few million bucks to just go away for good.

  17. saintij says:
    February 17, 2019 at 5:34 pm
    3.75-.4m per team…. what his first 100m contract would have been. So he got 100-120 mill settlement

    ———————-
    And you know these amounts how?

  18. packerfanallday says:
    February 17, 2019 at 12:57 pm
    There is no way the Packers’ accountants won’t find a way to disguise the payment within another expense category.

    ———————-
    Only if is a small amount. A good forensic accountant will know how to find anamolies, which a payment like this would be.

  19. tootitan says:
    February 17, 2019 at 3:31 pm
    The most interesting thing will be to see how the league responds in coming seasons when numerous players with consciences start kneeling again, in larger numbers than ever before.

    ———————
    Or players that know they are on the bubble.

  20. dcpatfan says:
    February 17, 2019 at 2:32 pm
    I love it!! Kaep continues to WIN…..and win big!!

    —————

    How so? He said he wanted to be a starting QB on an NFL team. What team signed him?

  21. solo681 says:
    February 17, 2019 at 1:47 pm
    The NFL should of let Kap play and then allowed him to get blasted out of the game.

    No litigation – End of the road.

    ———-

    The NFL doesn’t sign players….teams do. An individual team would have had to first sign Kaep and then “let him play”. No team wanted his skills the circus that comes along with them

  22. jeremycrowhurst says:
    February 17, 2019 at 1:30 pm
    If indeed all 32 teams are sharing equally in the damages, then you can expect a leak sooner rather than later. They didn’t all collude. A finding of collusion means that the offending clubs get hit with the compensation award. So – if they are all paying – that’s potentially 30 clubs paying out millions of dollars when they did nothing wrong.

    That’s the kind of thing that gets leaked pretty quickly.
    —————————————————-

    It would be a violation of the Collective Bargaining Agreement for which all teams are signatories.

  23. SWFLPC.INC says:
    February 17, 2019 at 6:36 pm
    dcpatfan says:
    February 17, 2019 at 2:32 pm
    I love it!! Kaep continues to WIN…..and win big!!

    —————

    How so? He said he wanted to be a starting QB on an NFL team. What team signed him?
    ———–
    He won by every measure you and your ilk consider important. Kaep probably realizes , as do most like him, that there was never going to be any justice in this matter, or any other matter pertaining what he kneeled for. Sorry but your gonna pay to see Kaep shuffle for your entertainment again.

  24. There’s only one thing left to happen because, right wingnuts have been wrong on Kaepernick from the start.
    1) The NFL hasn’t suffered any real losses of viewership
    2) Nike sales are better than ever
    3) NFL has settled with Kaepernick, it was probably the wise move, obviously there’s concrete evidence making Kaepernick’s case.
    Last shoe to drop: (insert team here) signs Kaepernick to a contract somewhere between 8-10 million prove it contract.

    Sorry if it upsets you to be proven wrong. There’s always the NHL.

  25. dcpatfan says:
    February 17, 2019 at 6:52 pm
    SWFLPC.INC says:
    February 17, 2019 at 6:36 pm
    dcpatfan says:
    February 17, 2019 at 2:32 pm
    I love it!! Kaep continues to WIN…..and win big!!

    —————

    How so? He said he wanted to be a starting QB on an NFL team. What team signed him?
    ———–
    He won by every measure you and your ilk consider important. Kaep probably realizes , as do most like him, that there was never going to be any justice in this matter, or any other matter pertaining what he kneeled for. Sorry but your gonna pay to see Kaep shuffle for your entertainment again.

    ———-

    Unless he was my team’s QB, I personally don’t care about Kaep on way or another. As I stated earlier, Football is a team game and a team doesn’t need individuals putting their needs (for any reason) above the team. But that is exactly what Kaep did so I would not want him on my team. It’s really just that simple.

  26. SWFLPC.INC says:
    February 17, 2019 at 6:40 pm

    I think it is obvious to most people that the NFL = 32 Teams.

  27. If you go back to when the 49ers released him, he was coming off a season where we was benched for Blaine Gabbert. If he had never taken a knee and there was no reason not to sign him, what kind of deal would he have gotten? Probably only a 3 year deal without a lot of guaranteed money, so any contract going forward would entirely depend on his performance. 60-80 million seems very generous from that angle. I’m a 49ers fan and wanted him to succeed but I just don’t think he has what it takes to win. He isn’t a strong student of defenses and isn’t great at being a team leader. He is very petulant and immature with the media (wearing headphones to press conferences and not answering questions). He has a very strong arm but only has one throwing speed, a flat laser-like frozen rope. He can’t throw touch passes, screens, or soft check downs. He runs straight fast but is not especially elusive in the pocket and gets sacked a lot. I could go on. He is backup material at best IMHO, unless he really had a great coach who he listened to, then *maybe* he could be better, but I’m not sure.

  28. “The NFL’s 32 teams will know the amount, because they’ll be paying the amount in 1/32nd chunks.”
    ________________

    So all 32 NFL teams had to pay Kaepernick to do nothing more than over value himself (by over valuing himself I mean expecting starter money for backup talent) and Eric Reid for accusing the league of not wanting to give him a job….even after he was given a job? And these are the same guys wanting to claim oppression in America? Pretty sure no slaves (of any race cause no despite media narrative blacks weren’t the only enslaved race at some point) or black Americans from actual racist points in America (ya know like the ones who actually lived through it not the ones finding racism in anything and everything for the sake of victiming themselves) would’ve ever gotten such a good deal. If this is oppression then hell I’m sure many Americans, including many black people who don’t have the platform to play the race card like these 2 “oppressed” individuals, would love to be oppressed. 99.999999% of us can’t get signed by an NFL team when do we get our settlement checks? Anybody got Geragos’s number cause I got a case for him too. I think this week I’m gonna sue my boss for wrongful termination. Shouldn’t really matter that I wasn’t terminated but there’s no difference between that an Eric Reids claim of collusion and if what CNN, MSNBC, Huffington Post and several others have told us my white privelage should be a factor in my lawsuit and therefore I should win. Or I would just suffer the fate of anybody else who causes unnecessary and detrimental distractions to their employer and get fired and have nobody to blame but myself, which in the real world (the world the vast majority lives in unlike the “oppressed” Kaepernick and Reid) is much more likely.

  29. Kaepernick will launch a new foundation with a declaration of x amount of funds donated by an anonymous source. That’s how he will tell everyone how wrong the NFL knew it was.

  30. Remember when Kaepernick was the best at reading defenses, threw masterfully-placed touch passes, consistently snapped the ball before the play clock ran down and displayed strong leadership skills off and on the field? Yeah, me either..

  31. It doesn’t matter about the details. I seriously doubt we’ll know the truth.

    Kapernick’s value as an NFL player is zero. He was 1-14 in his starts in his last 2 years of playing. He could have signed again with the 49ers and had an opportunity to go with the Broncos. However he wouldn’t take a cut in pay or fight for a job.

    The NFL has much more serious problems to tackle including real declines in viewership that threaten the future. They’re paying Kaepernick and Reid to make this go away.

    So take your money, and go away.

  32. Kap won big you say… The NFL made 8,000,000,000 dollars in 2017. 1% is 80 million.. Now divide that by 32…unless he got billions he did not hurt them in the least.What lives matter to him is his.. He sold out. A chance to show the world if he was right and he took 1 dollar out of 100 dollars. You go boy.

  33. dcpatfan says:
    February 17, 2019 at 6:52 pm
    SWFLPC.INC says:
    February 17, 2019 at 6:36 pm
    dcpatfan says:
    February 17, 2019 at 2:32 pm
    I love it!! Kaep continues to WIN…..and win big!!

    —————

    How so? He said he wanted to be a starting QB on an NFL team. What team signed him?
    ———–
    He won by every measure you and your ilk consider important. Kaep probably realizes , as do most like him, that there was never going to be any justice in this matter, or any other matter pertaining what he kneeled for. Sorry but your gonna pay to see Kaep shuffle for your entertainment again.

    ——————
    “Ilk”? Dont be part of the problem man.

    If Kaepernick got anything substantial it will get out. But if his only payment was the NDA that prevents he and his cause from being totally and publicly discredited then that wont show up anywhere. The only fact thats known is that just before the settlement if came out that he was turning down opportunities saying he wanted 20 million which even by NFL standards is dealbreaker money for any backup and most atarter positions. Any meaning from that argument that he was better than some percentage of backups went right out the window with that revelation.

  34. Didn’t kap say “people need to be held accountable” in one of his quotes.People have gotten killed, beaten, tortured sent to prison standing up for what they believe in. Kap made a commercial and sold out to the organization he was trying to say was keeping him from working.Supposedly had the proof.. But sold it for his gain. What matters again?

  35. solo681 says:
    February 17, 2019 at 7:51 pm
    SWFLPC.INC says:
    February 17, 2019 at 6:40 pm

    I think it is obvious to most people that the NFL = 32 Teams.

    ———

    Actually NFL means “goodell and those who run the league”. Each of the 32 teams are individually owned and operated

  36. Why settle if the case was a slam dunk? Because both parties knew quite negative things would become public that neither side wants us to read. Was there collusion? Yes. Is Kaep a good QB? No. He’s a decent back up who will get you a few games during a season if needed.

    In addition to an NDA, as part of the settlement, Kaep also likely agreed to forego any future litigation on this matter. In doing so, he was likely very well compensated.

    In the end, both sides did what’s best and this will all be forgotten in a couple of seasons.

  37. One thing he got was a guarantee that he will be the starting quarterback on the team of his choosing and a contract with that team that makes him the highest paid quarterback in the league, all guaranteed money.

  38. Honestly- The best thing ever would be for a rebuilding team to sign him that needs a placeholder QB- then start him. Then we will see a read option flare up that lost his starting job, has been out of football for years, is not great at reading defenses, and relied on his athleticism to make plays for a short window multiple season ago likely be exposed.

    Be interesting to see if people still argue collusion if he came in and went 5-11 a starter with a low 80’s QBR and a nearly 1:1 Td to int ratio or similar stats.

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