Can CBS actually use the morals clause to void Tony Romos contract after OWI arrest? Lawyers weigh in

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 convict...