The league guarantees steps in and stops a trade back to Edmonton at half retained salary. It's clear circumvention (not to mention that I don't think Edmonton would want him back).
The difference is exactly what's been said. Orpik has the chance to sign anywhere and could've signed somewhere for more. Washington didn't make it obvious that it was clearly their intent to sign Orpik again, but it was their intent to move his salary to free up space. Something like that had never been done before in the cap era. Now that it has, once the league sees its even possible for it to happen again they'll stop it. They'd probably stop it if it was still just Lucic and a 1st for the 2nd, then Ottawa fully bought out Lucic, and Lucic tried to sign as a free agent in Edmonton again. The league is dumb. They're not insane though. They're high paid lawyers for a reason. They can see when something similar would happen again
Wasn't Orpik bought out? If Otttawa buys out Lucic and then Lucic signs with the Oilers again, i think technically that is ok. Even though I have a feeling the NHL might have only "allowed" the Orpik deal because he was an over 35+ vet and the Caps just came off a cup, etc. By most people opinion it was cap circumvention even though there is no clause in the CBA against it specifically.
Not being naive - that's why I said it wasn't a straight "buy out Orpik so we can sign him again". The NHL cleared this trade and determined no cap circumvention. It was back-alley enough that it didn't generate enough clear "collusion". This trade would be clear collusion and cap circumvention.
I understand that it's not ethical or moral! That's not what I am arguing. I am saying legally, there is not much they can do until they add a clause to the CBA. There have been a lot of immoral actions done in the past, that still play in the impact in today's NHL (e.g. Weber's contract). And by allowing Orpik to sign with the caps, they have set a dangerous president which I am sure they'll address before the 2020-2021 season. And don't give me the "Orpik was a FA, it's his right to go where ever he wants". Lucic is essentially a FA with his NMC.
Now, do you really think the league steps in if this trade gets done over the summer? No wayyyy. Yeah maybe the Sens and Oilers camouflage it a little better by adding other players and spreading the transaction over an extensive period of time. They're also wouldn't be any written agreements done beforehand, therefore, everything would have to be done in good faith. But at the end of the day, financially, it's in the league best interest to give McDavid the best chance to win. Fans don't want to see the best player in the world miss the playoffs year in, year out.
And what is the difference with this and a 3-way trade (e.g. the Brassard trade from OTT-LGK-PITS)?
Either way, I was just playing around since everyone on here thinks Lucic is coming to Ottawa for some reason. I personally don't think Lucic is moveable.