The likelihood of Tom Brady playing in the 2015 NFL season opener appears to be increasing. The likelihood that the NFL will left some of all of his four-game suspension is not.
USA TODAY Sports is reporting that the lack of any developments in the Deflategate case against the New England Patriots quarterback could be due to the fact that representatives for the league and for the quarterback are meeting behind the scenes trying to hash out an agreement.
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Jodi Balsam, who served as the league's counsel for operations and litigation from 1994 to 2002 and as counsel for football operations from 2002 through 2007, told USA TODAY Sports as much.
"I do think they're negotiating," Balsam, an associate professor and director of civil externship programs at the Brooklyn Law School, told USA TODAY Sports by phone, though admits she doesn't have specific knowledge about Brady's case.
"They may be back-channel conversations, but what the NFL wants is to get an implicit agreement from Brady's people that a reduction in the number of suspended games would resolve the issue and put the brakes on any further litigation."
And the fact the silence now has extended this long is evidence that the sides are too far apart to come to a compromise.
USA TODAY Sports also interviewed David Cornwall, a partner at Barnes & Thornburg LLP who has been part of behind-the-scenes conversations on behalf of players engaged over an issue with the league.
"I've been in the room for those discussions numerous times, and they're just not productive," Cornwell told USA TODAY Sports in a phone conversation. "I'm not in the room for these discussions with Brady. I have a sense of what's going on from my discussions with others that are, and it's that they're two ships passing in the night. They're not connecting."
Bleacher Report's Jason Cole indicated after talking to a source that the NFL wants Brady to serve a suspension, so that the rest of the league understands the severity of the situation and that NFL fans believe the integrity of the game is being protected.
If Tom Brady is going to sue the league over any suspension, as reports have indicated, then the litigation likely will take place after the start of the season and keep Brady from missing the opener.
If the league can prevent the case from being delayed in the offseason, it may gain the advantage against Brady, who seeks to avoid distraction during the season.
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