I appreciate your position and your points. While we often agree, we’ve gone back and forth on this situation, are on opposite sides and neither is going to convince the other. I’m not saying Jackson didn’t error but I think there’s more to the story then a trained lawyer and ex agent running a billion dollar business being so naive he just completely got caught with his pants down. I’m betting he believed that Ferris was negotiating to get a contact signed and in those negotiations and conversations with the players representation, he felt they had time to get a deal done when the fact is Ferris was negotiating to buy time to lock down their preferred outcome without risking his player being dealt to a less desirable situation that might have the cap space to foil his pre arranged plan with Armstrong.
It’s obviously an assumption on my part but I don’t think it’s completely outlandish. Here’s my opinion of how it went. Ferris wants to get Broberg out of Edmonton, but the team is apprehensive about trading Broberg because they’ve put the development time into him and likely the trade value just isn’t there. Thats when Ferris goes to a GM he knows is willing to break from accepted convention when it comes to unproven rfa’s and inflationary offer sheets and they cook up this plan but they need to buy time for buyout windows to pass so they put Edmonton in a position that maximizes the chances they can’t or won’t match but also time for Armstrong to get his picks back. So in order to buy that time Ferris has to continue to negotiate without intention of signing in Edmonton because otherwise Jackson might be more inclined to explore the trade market and there’s a possibility Broberg is on his way to somewhere like SJ where they have plenty of cap to match any offer sheet STL would be willing to hand out ans Broberg would end up in a perceived worse situation on a bottom feeder where he won’t have the same veteran insulation and he’ll be trotted out to get shelled nightly. So to avoid risking incentivizing Jackson to explore a trade market Ferris couldn’t control, I think he straight up negotiated in bad faith to ensure the outcome they wanted. It’s obviously speculative but I think it’s a more likely story that a guy like Ferris would mislead Jackson a bit in order to protect his desired outcome, rather then a guy like Jackson was just completely oblivious.
We've for sure hashed and rehashed this and still come back to our original opinions. And that's a-ok. But in your scenario, I think Jackson absolutely should have considered Ferris was going to use his CBA negotiated rights to leverage offer sheet. Easy to assume Jackson would do so as former agent with a disgruntled client, no active negotiation from the right's holder, and no clear opportunity path or one that's communicated. It would be agent negligence if they didn't.
Unfortunately the Oilers chose inaction, to spend beyond its cap ceiling, and to target other players without any negotiations with Broberg and Holloway. The alternative is to prioritize your at risk talent, initiate negotiations to smoke out intent and ability to sign within a hard, fixed financial threshold you establish with your cap and salary modelling. The public player counter offers were apparently $1.8 million Broberg and $1.3 million Holloway. Coming off the Cup run it's easy to position as a quasi-'bonus' for the youth contribution to the team run and belief in them as part of the team's future. It's a step to mend relationships but also mitigate your high risk exposure versus worst case of an inflationary hostile offer sheet(s). It's also a way to smoke out intent and if the players reject their own counter offers, the GM trade calls are made and explored while also serving notice (bluffing) that you'll match on any offer sheets.
The issue is it's reported there was never any dialogue or negotiation until Lorne Scott it's believed talked to Ferris at Gretzky-Hlinka tournament in mid August. The Oilers choice for inactivity, do nothing led them into a market reset with low risk, high reward for teams in different cap, market conditions, and need. A prospective age 23 top 4 NHL d-man for a 2nd round pick and a low buy-out threshold if it doesn't work out, sign me up. But ultimately the Oilers had the hammer and could have matched. Their passivity and choice not to negotiate drove up the pricing.
Ferris was known to Jackson and his MO well established especially with clients in contentious situations with their right's holders. Jackson's an industry expert with professional training in contracts and negotiations. He shouldn't be mislead. But if you don't actively negotiate then you place yourself at risk doubly so with two quality RFA's off a Cup run and your decision to spend past the cap. They got cooked by missing all the signals and risk factors.
It didn't have to play out this way.