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[Agreement Reached] Miami Emerges As Favorite For Duke Transfer QB Darian Mensah/Plus hidden menu items at Publix, Greatest Wrestlers debate

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Cribby said:
yawn at thinking these “ contracts” will be enforced . I need more Twitter lawyers to tell me I’m wrong for the hundredth time. No judge wants to be in these waters.
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If they’d just drafted this on a piece of 1-ply toilet paper with a bank account number, a routing number, and a payment schedule table…It’d have the same effect.
 
obcanes said:
Can't they keep his NIL revenue shares while he plays at Miami? At worst he gets nothing besides the money Duke paid for rights. But he still plays at Miami?

Having his NIL rights doesn't mean he has to play for them just revenue sharing goes to them.

Theoretically shouldn't be still be able to have 3rd party NIL deals not associated with the school and it's revenue sharing?
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Not Mensa to Duke.

It’s Duke paying Mensa for the right to use his NIL.

It legally cannot be tied to where he plays. They are free to continue to pay him whatever that amount of $ is.

It does not preclude him from making additional NIL deals for himself. Duke gets none of that $
 
flips said:
If we can't pay him RevShare money until the court case is resolved, does that mean Duke still has to pay him?
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I don’t know which pool of $ Miami is going to pay from to be frank.

+ If Duke has rev share $, they don’t have to pay that and he’d have to return whatever it is that they gave him for the use of his NIL in the future. They can’t retroactively claw back all of it since it would be assumed the past compensation already met whatever flimsy deliverables they had (autographs, poster, whatever). It cannot be pay for play.
+ If it’s all 3rd party/Collective $, they can continue to pay him if they choose to and keep the agreement going. They are not tied to the university and it cannot be pay for play.

In either case, not paying would constitute a material breach of the agreement and render it null and void.
 
Ghandi said:
Not Mensa to Duke.

It’s Duke paying Mensa for the right to use his NIL.

It legally cannot be tied to where he plays. They are free to continue to pay him whatever that amount of $ is.

It does not preclude him from making additional NIL deals for himself. Duke gets none of that $
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According to Duke, he signed an exclusive NIL deal with them meaning that he cannot sign an NIL deal with any other school or company without Duke's approval.

Does that mean all of these "contracts" mean absolutely nothing or is it just the specific clauses such as preventing him from transferring?

My understanding (admittedly very little) is that it was only these specific clauses that were not enforceable but the NIL rights were enforceable.
 
Heitner is at least 4-5 cases in with nil and likely knows more about what’s going on and what can’t, could, should, and won’t happen than some lawyer at duke who got hired at the last minute because of speculation about breach of contract or whatever. How many legal experts were talking sht and saying Lucas wasn’t gonna be able to leave.

Also, this smells like a petty last resort lawsuit. They just don’t want to look like they went down without a fight.

You’re gonna force somebody to play for you? All he has to do is sit or not go to practice and or not attend class an h gets kicked out. It’s stupid. And after he does that then what? He can’t play anywhere?
They’re trying to make this like one of those recording contracts where you can’t even make money from a commercial cause it has your voice on it.

Once his agent says that he reached out to UM there’s literally nothing they can do. All they have to do is negotiate whatever buyout they have for NIL and it’s a wrap.

Not a lawyer, but at least that’s what it sounds like to me
 
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JamesQuall said:
According to Duke, he signed an exclusive NIL deal with them meaning that he cannot sign an NIL deal with any other school or company without Duke's approval.

Does that mean all of these "contracts" mean absolutely nothing or is it just the specific clauses such as preventing him from transferring?

My understanding (admittedly very little) is that it was only these specific clauses that were not enforceable but the NIL rights were enforceable.
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Exclusivity has legal limits. As someone said in this thread, I believe a war is as fought in this country in part to not have servitude.

Miami’s contract are worth as much as Dukes and Wisconsin’s.
 
JamesQuall said:
According to Duke, he signed an exclusive NIL deal with them meaning that he cannot sign an NIL deal with any other school or company without Duke's approval.

Does that mean all of these "contracts" mean absolutely nothing or is it just the specific clauses such as preventing him from transferring?

My understanding (admittedly very little) is that it was only these specific clauses that were not enforceable but the NIL rights were enforceable.
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My morning dump wiping paper has the same legal standing as their “ Nil contract”.
 
Cribby said:
If I’m Miami I tell Duke to **** their own face , I’m not paying them for money paid to Mensah or to buy contract out . Instead I’m going to buy more players with the money and yall can eat a fat ****. Miami did things the right way since it’s a fellow conference school.
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Honestly, I really hope they do exactly this.
 
Ghandi said:
I don’t know which pool of $ Miami is going to pay from to be frank.

+ If Duke has rev share $, they don’t have to pay that and he’d have to return whatever it is that they gave him for the use of his NIL in the future. They can’t retroactively claw back all of it since it would be assumed the past compensation already met whatever flimsy deliverables they had (autographs, poster, whatever). It cannot be pay for play.
+ If it’s all 3rd party/Collective $, they can continue to pay him if they choose to and keep the agreement going. They are not tied to the university and it cannot be pay for play.

In either case, not paying would constitute a material breach of the agreement and render it null and void.
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Thanks. My understanding is that Duke is claiming they own his RevShare NIL rights, but he should be free to submit new 3rd party NIL deals to NIL GO after he enrolls at Miami.
 
Ghandi said:
Exclusivity has legal limits. As someone said in this thread, I believe a war is as fought in this country in part to not have servitude.

Miami’s contract are worth as much as Dukes and Wisconsin’s.
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Cribby said:
My morning dump wiping paper has the same legal standing as their “ Nil contract”.
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Appreciate the info gentlemen.
 
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3rd-43 said:
Great, point me to those materials confirming we are prepared for this.

I also am not having a great day, my favorite team lost a game last night
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You could just revisit how we went about the Lucas/Wisconsin situation and knew that we'd have have **** together here lol
 
FL Cane said:
lol the Duke board was convinced the TRO would be a slam dunk. Now that it’s been denied their whole thing is dragging it out as long as possible.
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He will get paid by 3rd party and we will say "oops" in 18 months when this gets figured out
 
Bro I just want this transfer finalized for the tears
I mean the natty next year to though lol
 
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