When news broke that Tony Romo had been arrested for operating while intoxicated (OWI), many football fans figured his broadcasting career at CBS had just fumbled the ball.
Game over, right? Well, maybe not.
After the July 23 arrest, CBS quickly placed him on leave until “further notice.” That sounded serious enough for everyone to assume Romo’s headset had been unplugged for good.
But hold your instant reactions.
According to information gathered by The New York Post from several contract lawyers and a source familiar with sports media contracts, Romo may not be headed for the TV sidelines forever.
In other words, this game might still have a fourth quarter.
The Athletic reported that Romo’s 10-year, $180 million deal includes a morals clause — similar to all major talent contracts — “one that networks can challenge if a star is unable to represent their brand in a positive fashion after a public embarrassment.”
Romo is set to earn $72 million over the next four years. His fate now could depend on the language within the non-disclosed contract that he agreed to in 2017 when he was considered the top analyst in the NFL.
Alex Davis, the founder of Omni Law P.C. — who has negotiated these clauses himself on behalf of both talent and producers — believes Romo likely received “very favorable language” in the clause given his caliber and the value of the contract.
Apparently, contracts for high-profile TV personalities can be pretty complicated. They often include clauses about conduct, public image, and legal issues. But they also leave room for companies to make decisions based on how events play out.
Translation? It’s not always a one-strike-and-you’re-out situation.
If the clause uses broad language (i.e. stating CBS could let him go for any kind of act or scandal) or subjective language (i.e. stating the company’s sole judgment), it would favor the network, which could be souring on him given his lucrative deal — and what some consider declining skills in the booth — combined with his current legal predicament.
Ross Pitcoff, founder and managing partner of Pitcoff Law Group, added it was a “savvy” and “conservative” move by CBS to suspend Romo first, showing — even if the plan is to terminate — to the public that an internal investigation is being conducted.
From this, Pitcoff believes there was “clearly some embarrassment” felt by the network.
On the other hand, if the morals clause mentions a qualifier of a felony or conviction, that would favor the 46-year-old Romo.
Romo has not been convicted, and in Wisconsin, a first-offense OWI is typically a civil offense, not a criminal charge.
Yet, Uzoma Eze, partner and Texas law chair of Romano Law, suggested there could be a choice of law provision within the contract, meaning CBS could have chosen to operate under New York law or California law or any other state if needed regarding Romo.
Eze said those provisions are “typical” for these types of contracts.
CBS has remained quiet since placing Romo on leave. The network hasn’t announced whether he’s fired, suspended indefinitely, or simply waiting for the legal process to unfold.
That silence has kept rumor mills working overtime.
According to a person familiar with typical sports media contracts, there are several reasons behind morals clause issues — such as theft, insubordination, workplace misconduct, violence and a felony — but a DUI almost never falls within that.
The person predicted CBS would want to see a police report to see if there is anything the network can use, but said it’s unlikely to find something that would invoke the morals clause.
Romo is represented by Creative Artists Agency (CAA), which represents many clients at CBS. Davis explained there is a possibility Romo was simply offered an A-level precedent contract (most favorable to talent) automatically.
For now, Tony Romo’s broadcasting career is in timeout, not necessarily over. Whether he returns to the booth or watches games from home remains one of the biggest questions heading into football season.
