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MEGA Conference Realignment and lawsuits Megathread: Stories, Tales, Lies, and Exaggerations

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If a date that was in the media rights agreement has already passed, I don't see how you can get passed a 2/3rd vote to make the extension to 2027 valid....
 
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Phillips attempt to grant ESPN an extended option to 2/25 was executed in the form of AN AMENDMENT ... as stated in the letter. As per ACC bylaws all amendments to media agreements require 2/3rds member approval and that was not obtained by Phillips. To the contrary, he kept the fact of ESPN's failure to execute the original option and the new one he attempted to grant, a secret. The ACC leadership has been attempting to lure ACC members into believing that there WAS a valid ESPN media deal through 2036 and the ACC needed the extended GOR to match. Turns out it is actually the other way around. NOW the only way to get an extension beyond 6/30/27, is for a new AMENDMENT to be structured ... most likely with a new media deal and GOR requiring 2/3rds member approval.
 
Rickd said:
Phillips attempt to grant ESPN an extended option to 2/25 was executed in the form of AN AMENDMENT ... as stated in the letter. As per ACC bylaws all amendments to media agreements require 2/3rds member approval and that was not obtained by Phillips. To the contrary, he kept the fact of ESPN's failure to execute the original option and the new one he attempted to grant, a secret. The ACC leadership has been attempting to lure ACC members into believing that there WAS a valid ESPN media deal through 2036 and the ACC needed the extended GOR to match. Turns out it is actually the other way around. NOW the only way to get an extension beyond 6/30/27, is for a new AMENDMENT to be structured ... most likely with a new media deal and GOR requiring 2/3rds member approval.
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Do we in fact know that the 2/3 approval was not obtained? I think evidence of that approval would be included in board minutes and not in this contract. Hopefully we have seen that this evidence does not exist.
 
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coffeecane said:
Do we in fact know that the 2/3 approval was not obtained? I think evidence of that approval would be included in board minutes and not in this contract. Hopefully we have seen that this evidence does not exist.
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I believe that has been fairly proven [that 2/3 DID NOT approve] unless Phillips is using the, "...ya'll gave me authority to act on your behalf in memorandum blah, blah, blah..."?
 
Rickd said:
Phillips attempt to grant ESPN an extended option to 2/25 was executed in the form of AN AMENDMENT ... as stated in the letter. As per ACC bylaws all amendments to media agreements require 2/3rds member approval and that was not obtained by Phillips. To the contrary, he kept the fact of ESPN's failure to execute the original option and the new one he attempted to grant, a secret. The ACC leadership has been attempting to lure ACC members into believing that there WAS a valid ESPN media deal through 2036 and the ACC needed the extended GOR to match. Turns out it is actually the other way around. NOW the only way to get an extension beyond 6/30/27, is for a new AMENDMENT to be structured ... most likely with a new media deal and GOR requiring 2/3rds member approval.
Click to expand...
I come in this thread sporadically. So where we’re at now is that an improper extension (need 2/3 of members and didn’t bring it to the members) was done with ESPN and then the GOR was done on some false basis???
 
Rickd said:
Phillips attempt to grant ESPN an extended option to 2/25 was executed in the form of AN AMENDMENT ... as stated in the letter. As per ACC bylaws all amendments to media agreements require 2/3rds member approval and that was not obtained by Phillips. To the contrary, he kept the fact of ESPN's failure to execute the original option and the new one he attempted to grant, a secret. The ACC leadership has been attempting to lure ACC members into believing that there WAS a valid ESPN media deal through 2036 and the ACC needed the extended GOR to match. Turns out it is actually the other way around. NOW the only way to get an extension beyond 6/30/27, is for a new AMENDMENT to be structured ... most likely with a new media deal and GOR requiring 2/3rds member approval.
Click to expand...

And that is why ESPN is gonna push for a settlement, they don’t wanna be dragged through the mud with Phillips and Swofford if litigation continues in court
 
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RVACane said:
I come in this thread sporadically. So where we’re at now is that an improper extension (need 2/3 of members and didn’t bring it to the members) was done with ESPN and then the GOR was done on some false basis???
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Going to take a judge to rule at some point but at the moment it appears that two major aspects are:

1. The GOR that was signed by members references a SPECIFIC ESPN media agreement including specific AMENDMENTS.

2. The option to extend, from 2027 to 2036, granted by Phillips in August 2021 is a NEW AMENDMENT to the ESPN media agreement (so stated
in the document itself) and any amendment requires 2/3rds member approval, it is NOT referenced in the GOR signed by members and it was
NOT approved by ACC members, therefore it is a non-binding document.

Clemson agrees that the GOR is binding ... for what the GOR covers ... a media agreement that expires on 6/30/27, and FSU agrees.
 
Empirical Cane said:
I believe that has been fairly proven [that 2/3 DID NOT approve] unless Phillips is using the, "...ya'll gave me authority to act on your behalf in memorandum blah, blah, blah..."?
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ACC incorrectly assumed that they could give notice after Phillips signed the extension, when as has been stated they need a 2/3 vote to authorize Phillips to execute such doc
 
Cane6 said:
And that is why ESPN is gonna push for a settlement, they don’t wanna be dragged through the mud with Phillips and Swofford if litigation continues in court
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Another issue that isn't really being discussed that much is how much incentive / interest does ESPN really have in continuing the ACCN at this point, with the huge focus that both the SEC and Big 10 are making in INCREASING the P2 media exposure via ramped up control of prime viewing windows?

The SEC is introducing their new "SEC ON ABC" logo and promotional program this Fall. The Big 10 is introducing FRIDAY NIGHT BIG 10 FOOTBALL this Fall. Also the new FOX / ESPN / Time Warner Discovery sports streaming service VENUE SPORTS is being launched this Fall.
The only time you will see an ACC game on ABC or other major OTA networks is when an ACC team is playing either an SEC or Big 10 opponent, and as the P2 expand to 9-10 conference games, it will only get worse.
 
Cane6 said:
ACC incorrectly assumed that they could give notice after Phillips signed the extension, when as has been stated they need a 2/3 vote to authorize Phillips to execute such doc
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Not just that ... the LETTER itself is titled AMENDMENT TO ..... it is an amendment which by bylaws requires a 2/3rds vote.
 
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Rickd said:
Going to take a judge to rule at some point but at the moment it appears that two major aspects are:

1. The GOR that was signed by members references a SPECIFIC ESPN media agreement including specific AMENDMENTS.

2. The option to extend, from 2027 to 2036, granted by Phillips in August 2021 is a NEW AMENDMENT to the ESPN media agreement (so stated
in the document itself) and any amendment requires 2/3rds member approval, it is NOT referenced in the GOR signed by members and it was
NOT approved by ACC members, therefore it is a non-binding document.

Clemson agrees that the GOR is binding ... for what the GOR covers ... a media agreement that expires on 6/30/27, and FSU agrees.
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Thank you for your explanation. Much appreciated.
 
TheOGCane said:
He’s wrong RIGHT? Phillips graciously “EXTENDED” in time?
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LOVING your use of ALL CAPS here.

I thought there was earlier debate about Phillips being previously granted the "authority" to act on members' behalf in these types of matters, but that was quashed pretty quickly.

FSU in particular was adamant they never ceeded such "authority" and certainly never signed any "extension".

@Wake_Cane @TheOriginalCane and several others might (ok they do have) greater insight into that technicality than I.
 
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RVACane said:
I come in this thread sporadically. So where we’re at now is that an improper extension (need 2/3 of members and didn’t bring it to the members) was done with ESPN and then the GOR was done on some false basis???
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We need you to get and stay focused here.

Da fuggalugga the matter with you?

You are either committed to Hurricanes Excellence and are willing to cast aside any semblence of an actual life outside this thread or you are a Noles/Gator Fan.

Yeah, lines have been drawn at this point.

Choose wisely.










































Please take me with you.
 
coffeecane said:
If he acted outside of the ACC requirements he may have personal civil liability to ESPN as he would have entered into an amendment for which did not have authority to do. I believe he is the one on the hook to ESPN and that would be ugly.
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https://www.nbcnews.com/news/us-new...-include-suits-ex-quarterback-first-rcna96044

"The lawsuit was submitted in Cook County, Illinois, by the Chicago-based Salvi Law Firm and names as defendants Davis and Gragg as well as the university, its current and former presidents and the board of trustees. The suit also names Atlantic Coast Conference Commissioner James J. Phillips, who was Northwestern’s athletic director until 2021. Phillips, who has been named as a defendant in two other lawsuits, has said he never “condoned or tolerated inappropriate conduct” against athletes while he was Northwestern’s athletics director."

So how many more lawsuits and legal bills can this supposed "esteemed Sports Administrator" be part of, especially considering the cited article included more student athlete abuse?

Elitist idiot who thinks he is smarter than us all. Phillips...

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Cane30 said:
So from Rohan reading it all, about 85% redacted, the 2 amendments to the contract have the contract through 27, 26 season. ESPN can opt in to 36, but needs a 2/3rds approval vote by members. He doesn't think this ends before 8-15, but a settlement soon after. 1 more ACC season.
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Makes sense to have schools in place conference-wise by Fall 2026.

That's when the new CFP revenue sharing goes into effect, which would allow the SEC/B1G/Big XII percentages to be recalibrated to reflect realignment.

B1G: Canes, ND, Stanford, Cal

SEC: UNC, NC State, UVA, VA Tech, FSU, Clemson, Duke, GA Tech

Big XII: Louisville, Pitt, Syracuse, BC

SOL: Wake, SMU
 
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