The NFL has chosen Jeffrey Mishkin, former chief legal officer for the NBA, to arbitrate the employment dispute between Arizona Cardinals owner Michael Bidwill and Terry McDonough, the team’s former vice president of player personnel. Mishkin will “serve as the hearing officer” in the dispute, according to an email sent by the NFL’s general counsel, Jeff Pash. McDonough accused Bidwill of gross misconduct, including cheating, discrimination, and harassment, in an arbitration claim sent to NFL commissioner Roger Goodell on April 4.
Mishkin’s Experience
Mishkin has represented the PGA Tour, NFL, NHL, MLB, multiple NBA teams, as well as the NCAA. He belongs to the alternative dispute resolution firm Phillips ADR and has served as an arbitrator with the Court of Arbitration for Sport and with the American Arbitration Association North American Court of Arbitration for Sport. Mishkin led the NBA’s in-house legal department for seven years before becoming the head of sports practice at the law firm Skadden, Arps, Slate, Meagher & Flom.
Legal Response
The Cardinals and Bidwill filed their legal response on Monday, citing several instances of what they described as McDonough’s “erratic behavior” that they claim “eventually damaged his career.” They say the contract McDonough signed with the Cardinals in May 2022 included a waiver of all his legal claims. The Cardinals contend that when new general manager Monti Ossenfort informed McDonough he was not being retained after his contract expires in 2024, “in retaliation (McDonough) filed his arbitration demand and launched a publicity campaign, both of which are full of exaggerations and falsehoods about the Cardinals organization and its President.”
The team’s attorneys said, “Mr. McDonough’s filing is full of allegations and assertions that, while colorful, are not true and do not state viable legal claims.” The team says the “burner phones” were distributed shortly after Keim’s team-imposed suspension by a senior football executive who is no longer with the organization. When Bidwill learned about it, he ordered the phones to be collected and told the executive the disposable phone idea was misguided and inconsistent with terms of Keim’s suspension. Bidwill was permitted by the NFL to speak to Keim during the suspension. Wilks refused to accept a phone, and McDonough was the only person who didn’t turn his in.
Mishkin will next determine a schedule for legal discovery and depositions, which are expected to take at least several months, as part of his arbitration duties.
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