Could the NHL Void Loungo's Contract? What About Pronger, Hossa, Savard?

In the wake of the Ilya Kovalchuk arbitration, it has been confirmed by TSN that the NHL is investigating similar contracts signed recently. Specifically, those inked by Robert Loungo, Marc Savard, Marian Hossa and Chris Pronger. All of those deals took the player to age 40 or beyond, and had a significant drop off in salary in the later years.

http://www.tsn.ca/nhl/story/?id=330099

So could the NHL cancel Loungo's 13-year contract?

Short Answer: Yes

Long Answer: Technically, but probably not. The contract (and the other's being investigated) do take advantage of the average salary/no maximum length loophole of the CBA.

But there is a key differences between Loungo's contract and Kovalchuk's.

Specifically, Loungo's was approved by the League last summer when it was registered. Kovalchuk's was not approved, which is what led to this arbitration.

Any action by the NHL to void Loungo's contract a year after it was approved by all parties (NHL, NHLPA, Canucks & Loungo) would be surely contested by both the NHLPA and the Canucks.

The League would be in the position of having to argue to an arbitrator that NHL commissioner Gary Bettman made a mistake over a year ago, and that the arbitrator should retroactively cancel the contract. At the same time, the NHLPA and Canucks would be lining up lawyers to argue on their behalf.

It would be a much harder position to argue in front of the arbitrator, and I would think there would be a much lower chance of success, even with the Kovalchuk ruling as a precedent.

Other Fallout:

Consider that at least four contracts (Hossa with the Blackhawks, Pronger with the Flyers, Savard with the Bruins, and Loungo with the Canucks) are being "investigated."

At this point, even if the NHL announced action was being taken today, the arbitration wouldn't be held until training camp. Can you imagine the chaos in September if those four suddenly were unrestricted free agents?

Also, those four teams all played those players last year under the contracts the NHL is now investigating. If the league voids those deals what happens last year's records?

Does that mean the Canucks, Blackhawks, Bruins and Flyers were playing with illegal players last year?

Should we replay the Stanley Cup Finals with San Jose vs Montreal, since the Blackhawks and Flyers won the Conference Finals using illegal contracts?

Technically by the CBA, any points earned while in violation of the salary cap are voided. So do we need to redo the draft, since Vancouver, Chicago, Philly and Boston would have earned zero points last year? 

If the NHL pushes to have those contracts retroactively voided, it opens up another can of worms, possibly leading to more arbitrations, protests and legal action by teams who were not using "illegal" contracts.

There could be some positive impacts to the League as a whole if Bettman pushes this agenda and tries, successfully or unsuccessfully, to take action.

It could finally lead to Bettman getting kicked to the curb by the NHL's Board of Governors.

Taking action against one team (Devils) before a contract is approved is one thing. Taking retroactive action (or at least threatening it) against four teams, including three of the more influential owners in the NHL (Blackhawks, Flyers & Bruins), could be the final straw in tipping the Board of Governors against Bettman. 

We can only hope anyways.