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

CaneinBroward said:
It is an option to get out of 2027-2036. The original agreement was 20 years. It gave ESPN an opportunity to opt out in 2021. The amendment pushed it back to 2025.

www.usatoday.com

ACC, ESPN extend deal to 2036 that includes new ACC Network

Atlantic Coast Conference Commissioner John Swofford says the league has extended its media deal with ESPN through the 2035-36 season, a deal that includes the launch of an ACC TV channel in three years
www.usatoday.com

www.espn.com

ESPN-backed ACC Network launches in 2019

The ACC, in partnership with ESPN, is launching its own conference network by August 2019.
www.espn.com www.espn.com
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Read section 14.1 Extension Option of the Agreement. That article is inaccurate. It assumed ESPN would extend.
 
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Empirical Cane said:
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.

🤣🤣🤣🤣
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Weird GIF by MOODMAN
 
coffeecane said:
Logically speaking, and I'm not trying to be a d..k, but do you think Phillips would have signed an amendment to give ESPN more time to kill the deal?
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If he thought they weren’t going to take the option at the time and it bought him time…
 
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coffeecane said:
Read section 14.1 Extension Option of the Agreement. That article is inaccurate. It assumed ESPN would extend.
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You are absolutely correct. The rest of the paragraph is so redacted though. My guess is there is additional wording that casts that into doubt. Otherwise, open and shut case.

I still say I'd go to terminate the agreement between the conference and the schools if Phillips broke the By-Laws in signing an amendment in error.
 
Ispyin said:
If he thought they weren’t going to take the option at the time and it bought him time…
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Bought him more time for ESPN to kill the deal? Don't think so. If the contract went to 2036 this whole time and this amendment was about shortening it then no one would be upset with our commish. I'm pretty sure this thread wouldnt be 1082 pages.
 
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CaneinBroward said:
You are absolutely correct. The rest of the paragraph is so redacted though. My guess is there is additional wording that casts that into doubt. Otherwise, open and shut case.

I still say I'd go to terminate the agreement between the conference and the schools if Phillips broke the By-Laws in signing an amendment in error.
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I agree but just don't think ESPN will exercise anyway IF Phillips broke the bylaws. The big question for me is did he actually break the bylaws. We still don't know for sure if there was a vote on that amendment.
 
coffeecane said:
Logically speaking, and I'm not trying to be a d..k, but do you think Phillips would have signed an amendment to give ESPN more time to kill the deal?
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Not trying to be a d..k either, but I was under the assumption their option was to opt out of the deal as of that time, not opt out of an option to extend the deal past 2027. I made the assumption the deal was for 20 years as what was reported. In looking at the agreement, I see that was an incorrect assumption on my part.

That being said, I'd still like to read the rest of that paragraph to see where FSU's chances really lie.
 
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coffeecane said:
I agree but just don't think ESPN will exercise anyway IF Phillips broke the bylaws. The big question for me is did he actually break the bylaws. We still don't know for sure if there was a vote on that amendment.
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We don't know if there was a vote, but the schools do. Wouldn't it be asinine on FSU's part to file this lawsuit if the bylaws weren't broken? If they weren't broken, then the amendment is valid and ESPN can extend the agreement by February 2025. Sorry FSU, you're stuck at that point, no?
 
coffeecane said:
Logically speaking, and I'm not trying to be a d..k, but do you think Phillips would have signed an amendment to give ESPN more time to kill the deal?
Click to expand...
Other questions...

1) Does ESPN sign agreement if they believed Jimmy P wasn't also empowered to sign?
2) Does ESPN sign agreement if they believed the date had passed and it was null and void (as some have alleged)?
 
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Empirical Cane said:
Other questions...

1) Does ESPN sign agreement if they believed Jimmy P wasn't also empowered to sign?
2) Does ESPN sign agreement if they believed the date had passed and it was null and void (as some have alleged)?
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1) Phillips had apparent authority to sign on behalf of the conference, There would be no reason for ESPN to believe he did not have actual authority, and (we don't; know exactly what happened, thus the facts are still unknown), he likely had inherent authority to sign on behalf of the conference. Why? The ACC commissioner does have authority to enter contracts, only some need to be approved. This one arguably was already approved in 2016, and since no material changes occurred beyond the extension of the deadline, this does not appear to be more than a ministerial decision. I know the argument about why approval mattered, but there's still a good argument that extending a deadline harmed nobody, as everyone would still be in the ACC today even if the deadline were truly blown.
Also, I seriously doubt Phillips extended the deadline without consulting anyone. FSU harps on how they did not "approve" this extension, but their attorneys were careful not to state they were "unaware" of the extension. This raises lots of questions. He likely spoke with whomever was on the executive committee, and the ACC"s counsel, who may have seen documents we have not and told him he had the authority to extend the deadline on the option. Or, someone polled the ACC and found that 2./3 would support this, thus the support was there. Another possibility is he told the schools after the fact, and nobody raised objection, until FSU's lawsuit, This is all speculation, but it makes more sense to assume some communication occurred than assuming the ACC commissioner did this completely unbeknownst to everyone. Nobody else is complaining about lack of transparency publicly, thus I just have a lot of doubt about the Noles theories.
2) Irrelevant, as they asked for an extension to buy more time. and apparently received the extension, regardless of whether everyone now agrees upon it. ESPN was given written acceptance and had every reason to believe the signature was binding. Thus, it is not possible that they signed something knowing a deadline passed.
 
Gennaker Cane said:
1) Phillips had apparent authority to sign on behalf of the conference, There would be no reason for ESPN to believe he did not have actual authority, and (we don't; know exactly what happened, thus the facts are still unknown), he likely had inherent authority to sign on behalf of the conference. Why? The ACC commissioner does have authority to enter contracts, only some need to be approved. This one arguably was already approved in 2016, and since no material changes occurred beyond the extension of the deadline, this does not appear to be more than a ministerial decision. I know the argument about why approval mattered, but there's still a good argument that extending a deadline harmed nobody, as everyone would still be in the ACC today even if the deadline were truly blown.
Also, I seriously doubt Phillips extended the deadline without consulting anyone. FSU harps on how they did not "approve" this extension, but their attorneys were careful not to state they were "unaware" of the extension. This raises lots of questions. He likely spoke with whomever was on the executive committee, and the ACC"s counsel, who may have seen documents we have not and told him he had the authority to extend the deadline on the option. Or, someone polled the ACC and found that 2./3 would support this, thus the support was there. Another possibility is he told the schools after the fact, and nobody raised objection, until FSU's lawsuit, This is all speculation, but it makes more sense to assume some communication occurred than assuming the ACC commissioner did this completely unbeknownst to everyone. Nobody else is complaining about lack of transparency publicly, thus I just have a lot of doubt about the Noles theories.
2) Irrelevant, as they asked for an extension to buy more time. and apparently received the extension, regardless of whether everyone now agrees upon it. ESPN was given written acceptance and had every reason to believe the signature was binding. Thus, it is not possible that they signed something knowing a deadline passed.
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You gotta stop making sense compadre.

You gunna get run outta town.

Savy?

ccwYo5BuNWJVTkPcMB.gif
 
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Gennaker Cane said:
1) Phillips had apparent authority to sign on behalf of the conference, There would be no reason for ESPN to believe he did not have actual authority, and (we don't; know exactly what happened, thus the facts are still unknown), he likely had inherent authority to sign on behalf of the conference. Why? The ACC commissioner does have authority to enter contracts, only some need to be approved. This one arguably was already approved in 2016, and since no material changes occurred beyond the extension of the deadline, this does not appear to be more than a ministerial decision. I know the argument about why approval mattered, but there's still a good argument that extending a deadline harmed nobody, as everyone would still be in the ACC today even if the deadline were truly blown.
Also, I seriously doubt Phillips extended the deadline without consulting anyone. FSU harps on how they did not "approve" this extension, but their attorneys were careful not to state they were "unaware" of the extension. This raises lots of questions. He likely spoke with whomever was on the executive committee, and the ACC"s counsel, who may have seen documents we have not and told him he had the authority to extend the deadline on the option. Or, someone polled the ACC and found that 2./3 would support this, thus the support was there. Another possibility is he told the schools after the fact, and nobody raised objection, until FSU's lawsuit, This is all speculation, but it makes more sense to assume some communication occurred than assuming the ACC commissioner did this completely unbeknownst to everyone. Nobody else is complaining about lack of transparency publicly, thus I just have a lot of doubt about the Noles theories.
2) Irrelevant, as they asked for an extension to buy more time. and apparently received the extension, regardless of whether everyone now agrees upon it. ESPN was given written acceptance and had every reason to believe the signature was binding. Thus, it is not possible that they signed something knowing a deadline passed.
Click to expand...


No. no he didn't. He explicitly *didn't* have authority to grant the extension. It was plainly clear by the ACC's bylaws that he didn't. The ACC's bylaws were known (OR SHOULD HAVE BEEN KNOWN) by all parties which are sophisticated business entities, not morons buying a car. Phillips knew he had no choice but to grant ESPN the extension or the ACC collapses. If phillips tells the teams he's offering the extension, FSU/Clemson/UM/UNC all bolt. So what does he do? he lies. ESPN doesn't give a **** that he lied and likely didn't bother checking the ACC's bylaws. Phillips keeps the zombie acc shambling on and keeps collecting his 2m a year. ESPN keeps getting the 4 worthwile programs in the conference at a bargain rate without having to actually commit to a dying cable network for another decade. it was all win/win until FSU and Clemson blew it all up.


To me, this case is cut and dry. The extension granted to ESPN is null and void, the ACC contract ends in 2027 and the GOR ends with it. It's why the ACC was so desperate to get the case heard in the NC Business court where a corrupt ACC lunatic judge would hear it instead of in Florida with a judge who apparently actually knows the law.
 
thesentinel said:
No. no he didn't. He explicitly *didn't* have authority to grant the extension. It was plainly clear by the ACC's bylaws that he didn't. The ACC's bylaws were known (OR SHOULD HAVE BEEN KNOWN) by all parties which are sophisticated business entities, not morons buying a car. Phillips knew he had no choice but to grant ESPN the extension or the ACC collapses. If phillips tells the teams he's offering the extension, FSU/Clemson/UM/UNC all bolt. So what does he do? he lies. ESPN doesn't give a **** that he lied and likely didn't bother checking the ACC's bylaws. Phillips keeps the zombie acc shambling on and keeps collecting his 2m a year. ESPN keeps getting the 4 worthwile programs in the conference at a bargain rate without having to actually commit to a dying cable network for another decade. it was all win/win until FSU and Clemson blew it all up.


To me, this case is cut and dry. The extension granted to ESPN is null and void, the ACC contract ends in 2027 and the GOR ends with it. It's why the ACC was so desperate to get the case heard in the NC Business court where a corrupt ACC lunatic judge would hear it instead of in Florida with a judge who apparently actually knows the law.
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Did you read a word @Gennaker Cane wrote?

Perhaps re-read it again friend.

Either that or we need to get you to a hospital quickly.
 
calinative umstudent said:
But this isn't about past money/pay, it's about FUTURE pay. What court is also going to make the schools beholden to a 12 year future agreement they explicitly are supposed to approve but haven't?
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IF they gave him tbe broad and vague authority to sign and he did...

well then, hey, you should have tightened the reins type of thing...

I dunno...🤷‍♂️🤷‍♂️

I'm spit balling here
 
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