Some lawyers for teams have had a greater influence on their sports than Jeffrey Pash, the executive vice president and general counsel of the NFL. After 40 years of service to the NFL, including as an outside counsel at Covington &, Burling and afterwards as the team’s primary in- home lawyers, Pash has decided to begin planning for his pension.
NFL Commissioner Roger Goodell praised Pash for his command in negotiating collective bargaining agreements with the NFLPA and his “dynamic and very powerful” record in a memo sent to group executives and public counsels on Thursday. As the club searches for a replacement, Goodell added that Pash will continue to work there.
Pash joined the NFL in 1997. The league has evolved over the past 27 years to become a multibillion-dollar business that aims to generate$ 25 billion in annual revenue by 2027. As the NFL dominates the radio, with 93 of the 93 most-watched channels in 2023, brand values and profits have increased.
While Pash, as in- home counsel, might not have made the business decisions credited for those achievements, his decision- making on critical legal questions was nevertheless important. Unless a company has a stable and reliable legal framework, a business normally wo n’t succeed.
On that front, it’s hard to find a more successful sports attorney than Pash.
It’s been no small feat, either. To oversee the NFL’s legal affairs is a thorny task, especially given the complexity of the enterprise. The league oversees not only 32 independently owned teams who compete and sometimes bicker about important policies, but various related businesses, including NFL Enterprises, NFL Properties, NFL Productions, NFL International and NFL Media. The gamut of accompanying legal issues is far- reaching, from high- profile investigations into players, teams and owners to less sensationalized but critical matters like negotiating television, streaming, apparel, merchandise and other deals involving intellectual property rights.
Pash has a significant impact on the NFL’s labor relations department. At times that has presented substantial challenges, particularly during labor disputes. More than 14 years ago, the NFL, through Pash, made the announcement to the NFLPA that the league would eject the players if a new labor agreement was not reached by March 11 as the CBA’s expiration date, which is now March 11, 2011, was reached. When the lockout threat materialized, the NFLPA responded by disclaiming interest in representing NFL players ( similar to decertification ) and, through a group of players that included Tom Brady, Peyton Manning and Drew Brees, sued the league. The players argued that various NFL player pay restrictions were unlawful under antitrust law because there was no union and no CBA. The NFL prevailed in the case, and the NFLPA largely accepted league demands thanks to Pash’s crucial role.
Pash also oversaw the NFL’s legal defense and subsequent$ 1 billion settlement with retired players who had filed lawsuits for concussions and long-term neurological conditions. The league has tried to make the sport safer through new rules and concussion protocols, which are a result of the litigation in part. Additionally, Pausch was instrumental in the league’s adoption of the Rooney Rule, which mandates interviews for minority head coaches and GM positions. Brian Flores ‘ race discrimination and retaliation lawsuit has recently criticized the rule. Additionally, Pausch has played a key role in the league’s legal defense of the antitrust case involving the NFL Sunday Ticket, which is scheduled to go on trial in June.
Pash has tussled at times with teams, most notably the New England Patriots during the Deflategate controversy. The attorney was in the middle of a number of disputes, including one involving former Washington Commanders owner Daniel Snyder, who caused controversy for the NFL, particularly regarding how women were treated by teams. Pash served as the legal representative of the league when the St. Louis sued the NFL over the Rams ‘ relocation to Los Angeles and when Stan Kroenke and the league disagreed over their share of those legal costs. He was also present when the NFL lost 9-0 at the U.S. in a race-related lawsuit against former NFL Media reporter Jim Trotter for racial discrimination, when former Las Vegas Raiders coach Jon Gruden sued for intentional interference with contractual relations, when teams ‘ cheerleaders sued over their employment conditions, and when the NFL lost 9-0 in that same case. S Supreme Court in American Needle v. NFL. Additionally, Pash has game-planned strategies for responding to congressional inquiries, including those involving concussions and the destruction of evidence in the New England Patriots ‘ Spygate controversy.
As news of his retirement made its way in the sports law community Thursday, Pash garnered high praise from friends, colleagues and even opponents.
In a phone interview with Sportico, Harvard Law School professor and former IMG chief legal officer Peter Carfagna said,” Jeff is an exemplar of what we all hope to emulate as sports attorneys.” Carfagna added that Pash, a graduate of Harvard College ( 1977 ) and Harvard Law School ( 1980 ), is a “master teacher”, who generously makes time for students.
Rick Buchanan, the chief compliance officer and general counsel of the NBA, had a similar impact.
” Jeff”, Buchanan said, “is the reason I’m in sports law at all, having given me my first assignment in this area when working as a summer associate at Covington &, Burling. Jeff’s intelligence, professionalism, tactical acuity and work ethic are second to none, and he’s been at the center of every major development in this field over the last four decades—in addition to being a great friend and a mentor to me. What an incredible career ( which, by the way, is n’t over yet )”!
Attorney Alan Milstein, who is a champion of players ‘ legal rights and was lead counsel for Maurice Clarett in his lawsuit against the NFL over its age eligibility rule, praised Pash despite vehemently opposing his goals.
According to Milstein, “he effectively coordinated whatever litigation his client the commissioner deemed worthy, whether that meant unfairly excluding the sophomore Maurice Clarett from the league or prosecuting Tom Brady, the NFL’s star player, for something the science said the league could not prove,”” and Pash was one of the best.” Whatever the cause, Pash did it with personal grace and the utmost courtesy”.