Will Tony Romo’s CBS exile be permanent?
Many have speculated that he could be done at the network after his July 23 OWI arrest and CBS’ decision to place him on leave until “further notice.”
However, based on information The Post gathered from three contract lawyers and a person familiar with typical sports media contracts, all may not be lost for the former Cowboys quarterback.
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.
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.
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.
Yet, even if a baseline agreement was sent — one heavily favored for the studio — Davis said these morals clause provisions are “never overlooked.”
If the situation leads to a contract fight, it could go to arbitration, which would be handled privately and possibly end up in a settlement.
CBS could buy Romo out of the contract, or, if the clause language heavily favors Romo, the former NFLer could insist on the full contract price or push the network to proceed with the contract and go back on air, Davis explained.
Romo could also sue the network if he finds the reason behind a termination to be invalid or if he felt there was another interpretation of the clause that wouldn’t justify the decision, Pitcoff added. He could argue he is entitled to damages through compensation he otherwise would have received had CBS not improperly invoked the clause. He retired in 2017 and joined CBS as a color analyst, serving in that role for nine years since.
Eze noted that Romo also could ask the network how they have treated other talent with similar situations in the past, if in that scenario as well.
Outside of litigation in the public courts or through arbitration or settlement, Pitcoff said there aren’t many other avenues that could be taken while considering the many unknowns of the contract.
In the meantime, J.J. Watt — considered a rising star at the network — will fill in on CBS’ top broadcast team alongside Jim Nantz and Tracy Wolfson.
While driving his black Jeep with an open container of alcohol in it, Romo was stopped on the road around 8 p.m. and failed to pass sobriety tests.
He was then taken into custody, booked and released while facing a total of $1,568.50 in fines.
Court records indicated he refused to “take test for intoxication after arrest.” The videos of the arrest and sobriety tests, first publicized by The Post, have since gone viral on social media.
Romo is scheduled for a court hearing Sept. 21, but he isn’t required to attend.
