Not an attorney ... however ... Bob Thompson former CEO of FOX Sports and one of the founders of the B10 network, currently a private media consultant, posted on Twitter the day the FSU filings were posted "leave it to the FSU legal team to find a hole in the GOR big enough to drive a truck through" referencing the unilaterally granted option to extend that NOBODY in the conference was aware of.
That created all sorts of claim potential. ESPN had an option to extend that apparently expired in 2021 and they didn't exercise it. Could we have had a new media contract negotiated then? Nobody knows. Phillips extended the option period without notification, discussion, or approval. Fact is that the ACC conference has been operated by ACC management as though the prime objective is enriching the ACC conference staff, keeping ACC staff employees employed, and providing financial benefits to family members of ACC management.
In 2010 the media agreement was up for renewal / renegotiation. Swofford point blank told ESPN that the only way they would get the deal was by INCLUDING RAYCOM as part of the contract. The net impact, stated by the FSU attorneys, was a cost of $85 million per year skimmed off the top in order to INCLUDE Raycom in the deal. That is a cost in lost revenues TO the ACC members in excess of $1.15 Billion dollars in the period from 2010 through 2024. Reason? Swofford's son was the new business development director at Raycom. The company almost shut down two years prior, laid off a large number of employees (but not Swofford's son) and the deal was done to enrich Swofford's son. At the same time the ACC was running all of it's finances through a bank where Swofford's daughter was employed.
"Breech of Fiduciary Duty" is one of the charges in the ACC filing, and there are various instances cited. Phillips responded recently when asked why conference member approval was not obtained. "Members only approve substantive media agreements and this was not one" ... in his words. What???? THE media agreement, length, option to extend .... ARE NOT MATERIAL?????? They need to burn the ACC down.