CBS has placed sportscaster Tony Romo on leave following his arrest for operating while intoxicated (OWI) on July 23, prompting speculation about the future of the former NFL quarterback's contract with the network. However, legal experts suggest that CBS may encounter challenges in voiding Romo's lucrative 10-year, $180 million deal, which reportedly includes a morals clause.
Sources familiar with typical sports media contracts indicate that while such clauses allow networks to terminate agreements if a personality's public conduct embarrasses the brand, the specific wording within Romo's 2017 contract will be critical. Alex Davis, founder of Omni Law P.C., noted that given Romo's caliber and the contract's value, the language is likely to be highly favorable to the talent. If the clause requires a felony or conviction, it could protect Romo, as a first-offense OWI in Wisconsin is typically a civil matter.
Ross Pitcoff, founder and managing partner of Pitcoff Law Group, described CBS's decision to suspend Romo as a "savvy" move, allowing the network to publicly demonstrate an internal investigation, which suggests the situation has caused the network some embarrassment. However, the absence of a criminal conviction and the civil nature of the offense could strengthen Romo's position.
Uzoma Eze, partner at Romano Law, pointed out the possibility of choice-of-law provisions in the contract, which could subject the agreement to the laws of a state like New York or California, typical in such high-value deals. A person familiar with sports media contracts added that while common reasons for morals clause invocation include theft, violence, or felony charges, a DUI typically does not fall into that category.
CBS is likely reviewing police reports for any actionable information, though it is deemed unlikely to provide grounds for invoking the morals clause. Romo is represented by Creative Artists Agency (CAA), which has extensive ties to CBS. Davis explained that while Romo may have received a standard, highly favorable contract, morals clause provisions are never overlooked during negotiations.
Should a dispute arise, it could lead to arbitration, potentially resulting in a settlement where CBS might buy out Romo's contract or, if the clause strongly favors Romo, he could insist on the full contract value or return to broadcasting. Alternatively, Romo could pursue legal action if he believes the termination is unjustified or based on an incorrect interpretation of the morals clause, seeking damages for compensation lost.
Eze suggested Romo could also inquire about how CBS has handled similar situations with other talent. In Romo's absence, J.J. Watt, another rising star at the network, is filling in on the broadcast team alongside Jim Nantz and Tracy Wolfson.
Romo was stopped around 8 p.m. while driving with an open container of alcohol. After failing sobriety tests, he was taken into custody. Court records indicate he refused to take an intoxication test after his arrest. He is scheduled for a court hearing on September 21, though his attendance is not required.