Kun Comments on How Favre/Jets ‘Sexting’ Probe Is a Company’s Worst Nightmare

Corporate Counsel

Michael Kun, Member of the Firm, was featured in an article titled, "Favre/Jets 'Sexting' Probe is a Company's Worst Nightmare."

According to the article, the NFL league began investigating lewd messages allegedly sent in 2008 by then-quarterback Brett Favre to a Jets' contractor, former sideline reporter Jenn Sterger.

"The Jets have gained a reputation of being a brash team that doesn't play by the rules," said Kun.

Although the Jets no longer have the authority to take any action against Favre, Kun said the more interesting issue will be what action the league takes against the Jets.

Kun said that if its now ends up being the case that the Jets knew about harassment among employees, the team could be faced with issues of civil liability if they failed to investigate and take prompt remedial action.

"If the Jets knew that one of its employees, Brett Favre, was sending lewd texts to another employee, there could be some legal implications for the Jets," said Kun. And "if the league finds out the Jets knew about this, the team will likely be fined," he said.

Kun added, "It's difficult to look at the allegations against Brett Favre in a vacuum." He said that what's been the bigger issue for the league is that there have been a series of off-the-field allegations of incidents ranging from rape to domestic violence.

"For a league that's very much based on its image, these are all serious blows," Kun said. "This could turn out to be a huge black eye to a league that just doesn't need any more black eyes right now," he said.

"And it doesn't appear that the NFL is going to look at it [Favre] in a vacuum," Kun said.

Kun said that while no training will be 100 percent effective in curbing bad behavior, NFL players will be likely to learn from the embarrassment and financial loss suffered by their fellow teammates caught up in these types of scandals.