He notes that if the players see the talks going in the right direction they are less likely to disclaim but if talks aren't where the players want them to be but "if things devolve into a fugutive-style train wreck" the players will disclaim and the battle will leave the boardroom and head to the court room.
Darren Dreger just tweeted "To disclaim or not to disclaim...that is the question. PA exec board expected to have conf call today to decide."
Darren Millard of Sportsnet just tweeted "Decision day in the lockout. Was the vote to authorize a motion to disclaim interest legitimate or a threat. NHLPA will determine that 2day."
If the NHLPA doesn't disclaim by 11:59PM tonight it doesn't mean that they can't do it in the future. The NHLPA will just have to vote again to give the executive board the power to file the motion.
As Scott Burnside notes, at ESPN.com, the two sides could continue to negotiate if the players disclaim and instead of having Donald Fehr represent them, they would have their legal counsel represent them. Fehr would most likely still be involved in the process through an "advisory" role. This is the route that the NBA took to finish their CBA talks last season.