Alex Formenton sues agent for $20 million

[seanlinden]

So his agent should have held him against his will forced him to do the act (as in put pen to paper?). Hmm tricky analogy.

Alex F can FO anytime now.

I think he's arguing that his agent should have told him "sign the QO, get into camp, put up some numbers, and we'll hit the negotiating table January 1".

 

[Breakers]

So his agent should have held him against his will forced him to do the act (as in put pen to paper?). Hmm tricky analogy.

Alex F can FO anytime now.

Future earnings will be impossible to prove.

He’s assuming looking at contracts signed around that time and his production according to another article

 

[brentashton]

I think he's arguing that his agent should have told him "sign the QO, get into camp, put up some numbers, and we'll hit the negotiating table January 1".

I understand those details. You’re not catching the intent of what I typed.

 

[WarriorofTime]

The suit alleges that he advised Formenton to reject the QO and wait for Ottawa to follow up with a better offer.

So even in the Allegations, it's clear Formenton is aware he had a Qualifying Offer and opportunity to accept/reject, he was given advice [common to the point in the industry where the opposite is almost unheard of] and chose to follow it.

Did he tell Formenton what his options would be if Ottawa didn’t offer anything further?

An agent certainly does not need to specifically prove, they uttered or typed out "if you don't accept a contract, and then are not offered a different contract, you do not need to have a contract" to meet a high bar of proving they are not negligent.

TSN Article: Formenton alleges in his lawsuit that after he contacted Arnott in July 2022 and asked for advice on how to proceed, Arnott failed to advise Formenton that by accepting the qualifying offer Formenton could enter negotiations in January 2023 for a new, third contract, commencing with the 2023-24 season.

This is pretty weak. "I wasn't told if I was under contract, I could sign an extension after that", like, OK? Were you also not explicitly told that if you signed the Qualifying Offer, you could attend Training Camp, use the team facilities, etc.? Did your Agent also not tell you that if you are involved in criminal conduct, it could hurt your negotiating power in future contracts? This certainly is not negligence.

TSN Article: Arnott and Newport did not advise Formenton that the offer could be extended past July 15, 2022, if there was an agreement with the Senators, the lawsuit alleges, adding that Arnott and Newport did not request that the Senators’ offer be extended.

“For the remainder of July to December 2022, Wade continued to represent and hold out to Alex that he would yet be offered a new contract by the Ottawa Senators,” the lawsuit reads. “Wade advised that even without an accepted offer or extended qualifying offer his dealings with the Ottawa Senators on behalf of Alex was ‘business as usual’ and that Alex should rely on Wade and Newport Sports to secure a favourable offer.

Another thing that is super normal in Contract Negotiations with players coming off an ELC. Anybody familiar with these things knows how this goes from time to time. Lafreniere did not sign a 2 year-bridge extension until August 23rd. Again here it even says in the allegations that the agency was in constant contact with Formenton and guiding him through the process. These things eventually have a way of playing out where something eventually gives. Everybody knows exactly why it did not in this instance.

TSN Article: “Wade’s advice was wrong. The Ottawa Senators did not propose or agree to a new contract with Alex prior to December 1, 2022, and accordingly, Alex was ineligible to play in the NHL for the remainder of the 2022-23 season.”

Being "wrong" is not negligent. Even putting aside the criminal conduct, if the agency said "they made you a Q.O., this is really more of a formality, typically players don't sign this, we expect a better offer will come based on your age, experience and level of production", Formenton follows that advice, but then Ottawa decides they don't want him anymore. That could be unfortunate, even bad advice, maybe really bad advice to the point where you should fire your agent, it doesn't mean you didn't fulfill your fiduciary duty.

TSN Article: “At no time during the contract negotiations with Ambri-Piotta did Wade advise Alex of the consequences or possible repercussions of transferring to a European team and the impact this may have on a continued career in the NHL.”

Again, what does this mean? The Agent never explicitly said "hey by the way, if you're playing in Switzerland, that means you aren't playing in the NHL?" Should he also be saying "hey, if you play poorly next season, teams will be less likely to sign you to a big money contract"? "make sure you set an alarm clock, because if you show up late to practices/meetings, that could hurt your standing in the eyes of coaches, teammate, and management", "don't be drunk during games, that may affect your play and future contract negotiations". This isn't negligence.

Were Formenton’s choices influenced by what was/wasn’t disclosed to him at that time? Were Formenton’s later actions a direct result of the advice he received in July, or no? That’s for the court to decide. But based on what we know now, it’s not easy to say how strong Formenton’s case is.

Based on the allegations stated in the article alone, it's hard to see how Formenton has any sort of strong case. Even if he did, it's likely just for the value of the Q.O. rejected minus whatever amount he made in Switzerland for that season (looks like $125K).

Also look at the Agency in question, they represent Bedard, Karlsson, Marchand, both Tkachuk brothers. This isn't some rinky dink guy in his basement who doesn't know what he's doing being a Player Agent. It would be pretty shocking if they weren't performing the same perfunctory functions of being a Player Agent for Formenton that they do for every other Client they represent.

The reason Formenton doesn't have an NHL Contract is due to what happened in London that one night. Not because of who his Agent was, I can say that with approaching complete and total certainty.

 

[M88K]

If Alex didn't want this to happen maybe he shouldn't have dressed like that

 

[HockeyVirus]

So he edited your quote back to what it was?

No i'm lying obviously

 

[Masked]

Did you read the article? Article also states before we come to this segment you mention:

"Formenton then relied on Newport and Arnott to help him sign an entry-level contract with the Senators, his lawsuit reads, adding that the player-agent agreement between Formenton and Newport expired July 12, 2022, and was not renewed."

Meaning, there is some discrepancy in his statements. So if they didn't extend the agreement. Did they really represent him? Did he then tell them hey I don't want to sign, but fix me a good deal and I will re-sign with you guys.
Or did they agree that since he wasn't with others, they will advice and keep the dialog with Senators going? Surely the agency would say when it expires and come with a new agreement that most likely wasn't signed by Formenton.

I know from other sports as well that agents / agencies often get put in those positions where players don't want to sign things before offers are on the table. So, I'm gonna highly assume that is what Formenton was doing and he made his bed here, which isn't the agent's fault.

Considering I already criticized the including the expiration of the player-agreement in the article earlier in this thread, you shouldn't have to ask that question unless you can't keep up with this thread.

Formenton claims that Arnott continued to represent him. That's pretty clear if you're paying attention.

 

[WarriorofTime]

Thanks. I knew they had been charged but reading some comments I thought that maybe they had been convicted.
Surprised the Mods are allowing so many to call him a Rapist, they usually frown on slanderous comments.

He's criminally charged, trial pending. It's not "slander" at this point.

Also in January, Formenton, Dillon Dubé, Carter Hart, Michael McLeod, and Cal Foote were charged with sexual assault. All five players were members of Canada's 2018 World Juniors team and are accused of sexually assaulting a woman referred to in court documents as E.M., following a golf and gala event in London in June 2018.

All five players are expected to plead not guilty at trial and have requested to have their cases heard by a judge and jury. An eight-week trial has been set to begin on Sept. 8, 2025, but it’s possible the trial could begin as early as April 22, 2025, if all pre-trial matters have been addressed.

 

[Leafs87]

Paying for potential was absolutely a "thing" 2-3 years ago.

A lot of hypotheticals tied to his situation but nonetheless still wish him the best

 

[Barsky]

I guess he is saying, other players allegedly involved were able to play those years and he could have signed a long term deal worth 20M but his agent refused to do that work for him or couldn't get a deal and he is salty and knows his career is over.

Ya, to be fair, he did get screwed relative to the other 4, so he does have a case

 

[Just Linda]

Klingberg should be the guy suing his agent, if there is any NHL player.

That agent, Peter Wallen, might be among the worst NHL agents.

Klingberg left that offer on the table
Lindholm took a lot less than what Calgary offered because they waited too long.
Hedman left a lot of money on the table.
He was fired by William Nylander, Filip Forsberg, Wennberg, Silferberg, OEL, Arvidsson, Marcus Johansson and H Lundqvist, all because he either blew contract negotiations or because the player was about to be traded.

 

[Barsky]

Maybe don’t be a rapist then you don’t have to sue your agent for $

No one got raped, so guilty as charged or not, he's not a rapist and he does have a case as he lost out on alot of money compared to the other 4

 

[WarriorofTime]

That agent, Peter Wallen, might be among the worst NHL agents.

Klingberg left that offer on the table
Lindholm took a lot less than what Calgary offered because they waited too long.
Hedman left a lot of money on the table.
He was fired by William Nylander, Filip Forsberg, Wennberg, Silferberg, OEL, Arvidsson, Marcus Johansson and H Lundqvist, all because he either blew contract negotiations or because the player was about to be traded.

Sounds like Swedish guys need a better agent

 

[SirKillalot]

Formenton claims that Arnott continued to represent him. That's pretty clear if you're paying attention.

So the lawsuit claim the agreement expired, a lawsuit that Formenton launched. And Formenton claim Arnott continued to represent him. So which one is it?

 

[Nogatco Rd]

No one got raped, so guilty as charged or not, he's not a rapist

What’s your basis for saying that? Have you read the charges?

Hockey Canada, CHL settle lawsuit over alleged sexual assault involving World Junior players - TSN.ca

A woman who alleged she was sexually assaulted by eight Canadian Hockey League players, including members of Canada’s gold medal-winning 2017-18 World Junior team, has agreed to drop a lawsuit against the players, Hockey Canada, and the CHL after reaching a settlement.

www.tsn.ca

 

[KirkAlbuquerque]

Maybe don’t be a rapist then you don’t have to sue your agent for $

Yes but the other rapers in his rapecrew made out like bandits

 

[Barsky]

don't be a rapist and then this doesn't happen? don't feel sorry for him one bit and i hope the judge laughs at it then throws it out.

Well since he's not a rapist and no one is even being charged with that

What’s your basis for saying that? Have you read the charges?

Hockey Canada, CHL settle lawsuit over alleged sexual assault involving World Junior players - TSN.ca

A woman who alleged she was sexually assaulted by eight Canadian Hockey League players, including members of Canada’s gold medal-winning 2017-18 World Junior team, has agreed to drop a lawsuit against the players, Hockey Canada, and the CHL after reaching a settlement.

www.tsn.ca

Yup, read through the whole thing, the defendant admitted everything was consensual, got paid out and consequently wants nothing to do with any of the proceedings, but the court of public opinion doesn't care about facts

 

[Circulartheory]

Yeah...i work as an agent in tv/film so perhaps not exactly the same but don't see this working out.

Unless his agent lied/withheld information/misrepresented deal terms, it is still Formenton ultimate decision to sign or not sign. They played chicken in negotiations and lost. It happens.

Bad agent? Perhaps, and fireable offense. Lawsuit worthy? No.

And this is all separate from the SA allegations.

 

[Golden_Jet]

What’s your basis for saying that? Have you read the charges?

Hockey Canada, CHL settle lawsuit over alleged sexual assault involving World Junior players - TSN.ca

A woman who alleged she was sexually assaulted by eight Canadian Hockey League players, including members of Canada’s gold medal-winning 2017-18 World Junior team, has agreed to drop a lawsuit against the players, Hockey Canada, and the CHL after reaching a settlement.

www.tsn.ca

Maybe poster means there is no”rape” in the Canadian criminal code.
It’s 3 levels of sexual assault.

 

[Honour Over Glory]

The irony of a rapist feeling like he got taken advantage of and had his future destroyed.

I hope Wade counter sues for his construction boots and the $50 bucks he has left in his account.

Maybe poster means there is no”rape” in the Canadian criminal code.
It’s 3 levels of sexual assault.

Canadian justice system is an epic joke.

 

[1specter]

The less we hear about this shitstain going forward the better.

 

[Masked]

So the lawsuit claim the agreement expired, a lawsuit that Formenton launched. And Formenton claim Arnott continued to represent him. So which one is it?

Do you really not understand this? It's all of those things.

 

[BB79]

Well since he's not a rapist and no one is even being charged with that

Yup, read through the whole thing, the defendant admitted everything was consensual, got paid out and consequently wants nothing to do with any of the proceedings, but the court of public opinion doesn't care about facts

If that's true that is messed up. She shouldn't be paid out at all, she she be in jail and face the same charges. In fact the guys she victimized should be the ones paid out.

 

[Golden_Jet]

Canadian justice system is an epic joke.

Explain
What’s the issue with 3 levels of sexual assault.
Have you seen your legal system

 

[BB79]

Canadian justice system is an epic joke.

Absolutely, probably even worse than ours.