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

[caneworld]

I propose FSU and Clemson bring out a TO chain with ACC on it

 

[Calinative]

This is where you have to differentiate between pretend internet lawyers and real lawyers. From espn’s perspective, It’s irrelevant whether the bylaws were being followed, unless they should have had a clear understanding that Swofford didn’t have authority. There was no false basis from espns perspective. ESPN has signed similar tv deals a bunch of times dealing with other conference commissioner, there was no reason to things were different this time. One would think that upon being told the commissioner had negotiated an extension as widely reported in the media, some ACC school would have asked questions. None did because they thought they had a great deal at the time.
—
Let’s say you go to buy a fancy minivan (msrp is 59k) and you are talking to a salesman -and you say I’m not paying a dollar more than $50,000 plus I want free floormats. And also I want a free extended 10 year warranty . And that cookie on your desk. The salesman says “I need to talk to my manager". He just goes into the bathroom instead, takes a dump and says "My manager agreed, let’s sign the paperwork. You sign it and drive off.

Then you get a call from the manager saying the salesman didn’t have authority to give you free floor mats and the warranty. You need to bring it back or the contract is void. No court of law would back the dealership. You relied on the apparent authority of the salesman. It’s not your job to go knock the managers door to make sure it’s kosher. If the dealership wants to get out of the warranty, they can try to pay you off, but otherwise they are on the hook and the minivan is yours. Whether Swofford broke bylaws is an internal ACC problem, but even if he did, it doesn’t automatically void espns media deal with the ACC teams. And even if the teams try to get clever and dissolve the conference, the deal still binds the ACC teams because you can’t get out of legal obligations simply by changing company names.

The end game is Either ESPN allows teams to change conferences to espn affiliates Big12/SEC (because it makes espn more money) or it tells the ACC its keeping the deal and you have lots of angry teams chirping about how espn sucks. Most likely COA- and you can take THIS to the bank, is a settlement with extra money to top teams (very unequal distro but that’s still better for the bad teams who would be G5 otherwise ) and extension to 2030. Then UM to B1G after that.

This sounds good and all but the reality is this is only looking at protecting the private company not the public and private universities that are being harmed. Why should taxpayers have to pay for the ACCs ****up?
Why would the media agreement hold more power than the conference bylaws that detail exactly how any media agreement needs to be agreed to. The fact is there was an agreement in place, that members agreed to. The amendment is the issue, and it was totally one sided in ESPNs favor.

 

[Cane6]

You probably want to delete this friend.

That is waaaaaay over simplifying.

The janitor at Tesla isn't a signitory authority of Tesla, nor anyone with a brain believes as such.

Phillips is a signatory authority of the ACC. He is an Officer of the ACC (I would imagine in corporate terms).

B1G difference.

Wrong on multiple counts

Phillips never had authority to execute an extension, regardless of whatever his title is

You are throwing around the phrase “signatory authority” and it’s not accurate when you read what the Bylaws require to execute such a document

You guys must not work in the corporate or legal industries and just make stuff up

 

[Rickd]

Wrong on multiple counts

Phillips never had authority to execute an extension, regardless of whatever his title is

You are throwing around the phrase “signatory authority” and it’s not accurate when you read what the Bylaws require to execute such a document

You guys must not work in the corporate or legal industries and just make stuff up

Correct 100%. The bylaws exist for a reason and are very specific ANY AMENDMENT TO A MULTIMEDIA AGREEMENT requires 2/3 rd's member approval ... period. The window for ESPN to execute the option closed in August 2021 and any desire to extend a multimedia deal beyond June 30, 2027 requires a). a new media proposal b). 2/3rds member approval.

 

[Squid Bumciorek]

You have no idea how Bylaws, Operating Agreements or Resolutions work…

By your train of thought, the janitor at Tesla can sign a contract selling the company for $1, and Elon can’t object to the sale.

Right because a court would agree that a janitor should reasonably believe he’s bought Tesla for a $1 because somebody claiming to work for Tesla sold him a piece of paper.

 

[Empirical Cane]

Wrong on multiple counts

Phillips never had authority to execute an extension, regardless of whatever his title is

You are throwing around the phrase “signatory authority” and it’s not accurate when you read what the Bylaws require to execute such a document

You guys must not work in the corporate or legal industries and just make stuff up

Friend.

Im a signatory authority and corporate officer of my corporation.

This is a bizarre hill for you to die on amigo.

But go on....

 

[Empirical Cane]

Right because a court would agree that a janitor should reasonably believe he’s bought Tesla for a $1 because somebody claiming to work for Tesla sold him a piece of paper.

No Squid....he said a janitor at Tesla was empowered to sell the corporation for $1 and Elon couldn't do a **** thing about it.

Who knew!?

 

[Cane6]

Friend.

Im a signatory authority and corporate officer of my corporation.

This is a bizarre hill for you to die on amigo.

But go on....

View attachment 296783

I’m happy for you

Don’t know what that has to do with the improperly executed and unenforceable docs that Phillips signed, but keep using the phrase “signatory authority” like it means something

 

[Squid Bumciorek]

You probably want to delete this friend.

That is waaaaaay over simplifying.

The janitor at Tesla isn't a signitory authority of Tesla, nor anyone with a brain believes as such.

Phillips is a signatory authority of the ACC. He is an Officer of the ACC (I would imagine in corporate terms).

B1G difference.

Not just the signatory- the acc itself is the only entity that espn is allowed to negotiate with because the individual teams granted the ACC their media rights.

 

[Empirical Cane]

I’m happy for you

Don’t know what that has to do with the improperly executed and unenforceable docs that Phillips signed, but keep using the phrase “signatory authority” like it means something

You should be very happy for The Empirical One and the attention that I have afforded you.

This exchange is the highlight of your existence.

Now going back to what started it all...

You equated [paraphrased] a janitor at Tesla having the same organizational empowerment/authority to enter into agreements as the ACC Commissioner.

I merely corrected that position is koo koo for cocoa puffs and then you got off track, couldn't stay on topic, and got all fussy.

My comment is wholly divorced as to whether or not Jimmy P was actually authorized as Commissioner to do what he did with ESPN on behalf of the entire ACC with no vote. That I don't know. He believes so, FSU does not.

To @Squid Bumciorek previous point, IF (and a big IF obviously) Jimmy P didn't truly have the authority, why didn't the conference members scream bloody murder when the extension was widely publicized? Certainly it came up as an ACC monthly meeting agenda item? Seems odd not to ***** then, but ***** now?

Weird as is your take on the janitor selling Tesla for a $1.

 

[ICANEDOIT]

I stayed in Holiday Inn and a tent in the desert once.

Can I object or something? I want to be dramatic.

I also want to bang the hot nympho secretary/paralegal.

You can do all of those! lol!

 

[Angry Ibis]

Friend.

Im a signatory authority and corporate officer of my corporation.

This is a bizarre hill for you to die on amigo.

But go on....

View attachment 296783

So when the Karens want to talk to the manager, it is you they want to speak with...

Noted for CIS...

Also... is it you who is selling the $1 Teslas?

 

[Rickd]

You should be very happy for The Empirical One and the attention that I have afforded you.

This exchange is the highlight of your existence.

Now going back to what started it all...

You equated [paraphrased] a janitor at Tesla having the same organizational empowerment/authority to enter into agreements as the ACC Commissioner.

I merely corrected that position is koo koo for cocoa puffs and then you got off track, couldn't stay on topic, and got all fussy.

My comment is wholly divorced as to whether or not Jimmy P was actually authorized as Commissioner to do what he did with ESPN on behalf of the entire ACC with no vote. That I don't know. He believes so, FSU does not.

To @Squid Bumciorek previous point, IF (and a big IF obviously) Jimmy P didn't truly have the authority, why didn't the conference members scream bloody murder when the extension was widely publicized? Certainly it came up as an ACC monthly meeting agenda item? Seems odd not to ***** then, but ***** now?

Weird as is your take on the janitor selling Tesla for a $1.

When was the extension "widely publicized" in 2021? Most people have believed that the ESPN media agreement and the GOR both had the same termination date, as represented publicly by the ACC, June of 2036. It wasn't until the FSU attorneys read the ESPN media agreement in preparation for their law suit that it was "discovered" that the current media agreement actually runs only through June 30, 2027. The details of the media agreement, including the 'option to extend' were not common knowledge.

 

[Empirical Cane]

When was the extension "widely publicized" in 2021? Most people have believed that the ESPN media agreement and the GOR both had the same termination date, as represented publicly by the ACC, June of 2036. It wasn't until the FSU attorneys read the ESPN media agreement in preparation for their law suit that it was "discovered" that the current media agreement actually runs only through June 30, 2027. The details of the media agreement, including the 'option to extend' were not common knowledge.

Took me .000000000000001 sec to find...

ACC announces its new standalone network as part of new TV deal

A deal between the ACC and ESPN for a cable network has been six years in the making

www.cbssports.com

"..On behalf of the ACC Council of Presidents, Faculty Athletics Representatives and our ACC Television Committee, we are tremendously pleased to further enhance our long-term partnership with ESPN that includes the creation of the ACC Network and ACC Network Extra, and positions the conference for the long-term future," said ACC commissioner John Swofford...The ACC's current deal with ESPN runs through 2026-27, but as noted by ESPN's Brett McMurphy, the new deal will begin in 2019 and run through 2036 with the ACC Network included. Though most Power Five grant of rights will end sometime in the next decade or so, the ACC is doing what it can to show it's as stable as any power conference in college athletics..."

Not a single ACC member Prez or AD thought, "hey, WTF is this? Gee, this is all news to me! Somebody get me ACC HQ on line 2 prontissmo, Lucy gotz sum splaining to do meng!"


Somebody is living is Delulu Land (just South of Muppetopia).

Also, one would think at the next ACC monthly meeting in 2016, there was at least an agenda item right after, "Miami, why do you still suck at football and haven't won a Natty for us yet?" the next item was "Hey guys, I signed that ESPN deal we've been talking about so we don't get ****ed again like the ******* Turtle ***aloons tried to do us..."

I mean....logic would dictate at least one of the above scenarios hurts FSU's "we didn't know and didn't authorize ****" argument.

As we used to say in military, "your silence is concurrence *******".

Now, none of my krazyness (I so miss krazycane) is me saying ACC Kommish had the authority to do what he did. All I'm saying is he did it out in the fairly open and no one said shizznizzle until now it seems.

That's kinda ****ed up.

I'm not trying to be adversarial with you, but let's stay at the root argument here for a moment....

 

[Rickd]

Took me .000000000000001 sec to find...

ACC announces its new standalone network as part of new TV deal

A deal between the ACC and ESPN for a cable network has been six years in the making

www.cbssports.com

"..On behalf of the ACC Council of Presidents, Faculty Athletics Representatives and our ACC Television Committee, we are tremendously pleased to further enhance our long-term partnership with ESPN that includes the creation of the ACC Network and ACC Network Extra, and positions the conference for the long-term future," said ACC commissioner John Swofford...The ACC's current deal with ESPN runs through 2026-27, but as noted by ESPN's Brett McMurphy, the new deal will begin in 2019 and run through 2036 with the ACC Network included. Though most Power Five grant of rights will end sometime in the next decade or so, the ACC is doing what it can to show it's as stable as any power conference in college athletics..."

Not a single ACC member Pres or AD thought, "hey, WTF is this? Gee, this is all news to me!"


Also, one would think at the next ACC monthly meeting in 2016, there was at least an agenda item right after, "Miami, why do you still suck at football and haven't won a Natty for us yet?" the next item was "Hey guys, I signed that ESPN deal we've been talking about so we don't get ****ed again like the ******* Turtle ***aloons tried to do us..."

I mean....logic would dictate at least one of the above scenarios hurts FSU's "we didn't know and didn't authorize ****" argument.

As we used to say in military, "your silence is concurrence".

Now, none of my krazyness (I so miss krazycane) is me saying ACC Kommish had the authority to do what he did. All I'm saying is he did it out in the fairly open and no one said shizznizzle until now it seems.

That's kinda ****ed up.

I'm not trying to be adversarial with you, but let's stay at the root argument here for a moment....

Only problem there is that there was no document signed in 2019 by anybody. The ESPN media agreement stated THE option to extend had to be executed within 2 years of launching the ACCN. Never did. Phillips then issued an AMEnDMENT without approval as required by the bylaws.

 

[Empirical Cane]

Only problem there is that there was no document signed in 2019 by anybody. The ESPN media agreement stated THE option to extend had to be executed within 2 years of launching the ACCN. Never did. Phillips then issued an AMEnDMENT without approval as required by the bylaws.

Hey cat daddy...I don't disagree with you specific to this , but...

ACC's position feels like they had the authority (doesn't make them right), but the whole "nobody knew they did this several years ago" argument is Ludacris (even in deh birthday suit).

I go away on my CIS sponsored 1-week vacay (earned and well deserved I might add) and I come back and people are talkeng crazee meng. Habla pollo lococito!

Peeps eating from the edible dish like its chips and salsa at Applebees. Slow the consumption down my man, take ONE gummie and let the good vibes wash over you...no need to pound down 15 of and get a bad trip. Hey maaaahn, we gotta slow down here.

Just today we gotta drink of water talking about Jorgelito the Janitor at the Miami Tesla Service Center selling the whole **** corporation to Jean-Baptiste in Wynwood for $1 and a hot dog on a stick then telling Elon to, "lick deez nutz ***** and fly yo broke *** to Marz".

You know what that tells me?

We aren't healthy as a porsting community. I want you to be healthy. I want me to be healthy. I want this thread to be healthy.

Right now we are in a bad and desperate place in dire need of adult supervision (@RVACane @JD08 @PIPO @Felonious Monk @Brains ).

Our porsting gut is ****ed up. We need some porsting probiotics. We need a porsting cleanse.

We need to take a spiritual journey where we get injected with Blue Ring Octupus venom and lick frogs in South America in steaming hot yurts (preferably clothed).

We need to pull our **** together.

 

[JD08]

Hey cat daddy...I don't disagree with you specific to this , but...

I go away on my CIS sponsored 1-week vacay (earned and well deserved I might add) and I come back and people are talkeng crazee meng. Habla pollo lococito!

Peeps eating from the edible dish like its chips and salsa at Applebees. Slow the consumption down my man, take ONE gummie and let the good vibes wash over you...no need to pound down 15 of and get a bad trip. Hey maaaahn, we gotta slow down here.

Just today we gotta drink of water talking about Jorgelito the Janitor at the Miami Tesla Service Center selling the whole **** corporation to Jean-Baptiste in Wynwood for $1 and a hot dog on a stick then telling Elon to, "lick deez nutz ***** and fly yo broke *** to Marz".

You know what that tells me?

We aren't healthy as a porsting community. I want you to be healthy. I want me to be healthy. I want this thread to be healthy.

Right now we are in a bad and desperate place in dire need of adult supervision (@RVACane @JD08 @PIPO @Felonious Monk @Brains ).

Our porsting gut is ****ed up. We need some porsting probiotics. We need a porsting cleanse.

We need to take a spiritual journey where we get injected with Blue Ring Octupus venom and lick frogs in South America in steaming hot yurts (preferably clothed).

We need to pull our **** together.

Relax. Take it easy. It's gonna get worse before it gets better. Expect a flurry of activity around the 15th, then nobody will remember this thread because we'll be focused on beating the gator.

 

[Calinative]

Hey cat daddy...I don't disagree with you specific to this , but...

ACC's position feels like they had the authority (doesn't make them right), but the whole "nobody knew they did this several years ago argument is Ludacriss.

I go away on my CIS sponsored 1-week vacay (earned and well deserved I might add) and I come back and people are talkeng crazee meng. Habla pollo lococito!

Peeps eating from the edible dish like its chips and salsa at Applebees. Slow the consumption down my man, take ONE gummie and let the good vibes wash over you...no need to pound down 15 of and get a bad trip. Hey maaaahn, we gotta slow down here.

Just today we gotta drink of water talking about Jorgelito the Janitor at the Miami Tesla Service Center selling the whole **** corporation to Jean-Baptiste in Wynwood for $1 and a hot dog on a stick then telling Elon to, "lick deez nutz ***** and fly yo broke *** to Marz".

You know what that tells me?

We aren't healthy as a porsting community. I want you to be healthy. I want me to be healthy. I want this thread to be healthy.

Right now we are in a bad and desperate place in dire need of adult supervision (@RVACane @JD08 @PIPO @Felonious Monk @Brains ).

Our porsting gut is ****ed up. We need some porsting probiotics. We need a porsting cleanse.

We need to take a spiritual journey where we get injected with Blue Ring Octupus venom and lick frogs in South America in steaming hot yurts (preferably clothed).

We need to pull our **** together.

Why does it matter if we knew that amendment was done or not? The fact is it can't/shouldn't be legally binding without a 2/3rd vote of approval as is laid out in the ACC Bylaws. ESPECIALLY because the ACC has kept this agreement locked away in the office like it's top secret information.

I think it's much easier to prove that the schools didn't know about this, than it is to argue that they should be beholden to that amendment just because the commissioner entered into it. Sure, the commissioner represents the Conference. But if he entered into an agreement with ESPN, the schools shouldn't be punished for it if they didn't agree. The conference could be liable for the breach with ESPN maybe, but I don't see how the schools wouldn't be protected.

The only reason the conference has our rights to sell is because of the GOR. Well the GOR is only a thing BECAUSE OF the media agreement. Any change to that media agreement requires 2/3rd vote to alter. Otherwise the conference is stealing the schools media rights for something they didn't agree to. I'm sure its more complicated, but it really doesn't seem like it should be...

 

[Hold My Beer]

Only problem there is that there was no document signed in 2019 by anybody. The ESPN media agreement stated THE option to extend had to be executed within 2 years of launching the ACCN. Never did. Phillips then issued an AMEnDMENT without approval as required by the bylaws.

Like what your saying Rickster!

Where you seeing this stuff you're bringing to the board?

It makes a lot of sense Phillips (like his predecessor) feels he's had the juice to run the ACC like a tinpot dictator.

Thing is those kind of leaders tend not to dot all their "i's" or cross all their "t's" ...

So when consitutents rebel, that sloppiness becomes a real problem.

 

[Empirical Cane]

Why does it matter if we knew that amendment was done or not? The fact is it can't/shouldn't be legally binding without a 2/3rd vote of approval as is laid out in the ACC Bylaws. ESPECIALLY because the ACC has kept this agreement locked away in the office like it's top secret information.

I think it's much easier to prove that the schools didn't know about this, than it is to argue that they should be beholden to that amendment just because the commissioner entered into it. Sure, the commissioner represents the Conference. But if he entered into an agreement with ESPN, the schools shouldn't be punished for it if they didn't agree. The conference could be liable for the breach with ESPN maybe, but I don't see how the schools wouldn't be protected.

The only reason the conference has our rights to sell is because of the GOR. Well the GOR is only a thing BECAUSE OF the media agreement. Any change to that media agreement requires 2/3rd vote to alter. Otherwise the conference is stealing the schools media rights for something they didn't agree to. I'm sure its more complicated, but it really doesn't seem like it should be...

It is becoming more and more obvious the schools knew about this, yet failed to act.

Now, question:

It's obvious ACC Commissioner is the appointed "compelling authority" to speak for ACC correct? ESPN did so amd negotiated a contract in good faith (allegedly).

From an ESPN perspective, is this enforceable regardless of internal ACC conflict?

Let me give you an example that probably doesn't have relevance to this, but I'll mention it anyways from givernment contracting.

If you are a government contractor performing goods and services and a reasonable member of the government, regardless if they are the Contracting Officer Representative (COR) or Contracting Officer (CO) comes up to you and says, "hey we need x, y, or z" that is reasonably within the scope of your current contract and you go off and do it...guess what?

US Government is 100% obligated to reimburse for that expense unless you were given in writing instructions prior that you only take direction from the COR or CO.

Now, what does that have to do with ACC? Probably not a **** thing.

Was Jimmy P communicated to ESPN, by ACC membership, as having authority to make contract media decisions? Did ACC tell ESPN, "hey, our Janitor Jorgelito is the point man on Grant of Rights Negotiations as he takes the lead on all important ACC matters"?

I dunno, but if he [Jimmy P] was and ACC can prove that...