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MEGA Conference Realignment and lawsuits Megathread(Its still personal)

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I know it’s still early in the process, and it’s in FL that leans in FSU’s favor, but I’ve said since day 1, going back over 12 months, that the grossly one sided nature of the GOR contradicts many of the basic principles of contract law, and ESPN/ACC would hang themselves trying to defend it
 
Cane6 said:
I know it’s still early in the process, and it’s in FL that leans in FSU’s favor, but I’ve said since day 1, going back over 12 months, that the grossly one sided nature of the GOR contradicts many of the basic principles of contract law, and ESPN/ACC would hang themselves trying to defend it
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I’m here for it!
 
Judge kept referring to media rights as "yeah, for old games". Will be interesting to see if he expands on that ... GOR is for old games, but anybody that leaves takes their NEW rights with them.
 
here’s a link to the live stream

www.wctv.tv

Watch Live

WCTV | Livestream | Tallahassee, FL
www.wctv.tv www.wctv.tv

FSU counsel arguing that sovereign immunity was never waived, and therefore it could have never committed to many of the provisions with the ESPN-ACC grant of rights
 
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Cane6 said:
here’s a link to the live stream

www.wctv.tv

Watch Live

WCTV | Livestream | Tallahassee, FL
www.wctv.tv www.wctv.tv

FSU counsel arguing that sovereign immunity was never waived, and therefore it could have never committed to many of the provisions with the ESPN-ACC grant of rights
Click to expand...
I don’t think that’s a good defense but I’m not a lawyer
 
For the record, I’m not an attorney by trade, but I’ve worked for banks that have bought failed banks, and overseen over 100 foreclosures and been involved in negotiating over 60 new development and loan docs sets

So I’ve got a pretty solid understanding of contract law and the components of how they are resolved
 
USNAVYCANE said:
I don’t think that’s a good defense but I’m not a lawyer
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You are on the right track in that this argument isn’t the golden ticket to the resolution

However, when acc and espn argue that fsu, as a public institution has to pay a $700mm exit fee, and the impacts to public finances of Florida, it is meaningful from a political standpoint
 
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The way ACC and ESPN put into place the GOR is going to become a major issue.

Applying it to my world, if proper documentation of procedure and approval of each institution isn’t met, it blows up the Security Interest

It’s like allowing your 18 year old kid to take out a loan on the house that his dad owns…. The kid can say that the house is his residence, but he doesn’t have the authority or capacity to pledge the house (security) as collateral for the loan

And this becomes extra arduous for non-profits and governmental entities
 
Cane6 said:
The way ACC and ESPN put into place the GOR is going to become a major issue.

Applying it to my world, if proper documentation of procedure and approval of each institution isn’t met, it blows up the Security Interest

It’s like allowing your 18 year old kid to take out a loan on the house that his dad owns…. The kid can say that the house is his residence, but he doesn’t have the authority or capacity to pledge the house (security) as collateral for the loan

And this becomes extra arduous for non-profits and governmental entities
Click to expand...

I’ll bet you all a beer that FSU wins the priorities argument when the judge returns in about 20min

ACC was shoddy in how they rushed to file, and the fsu attorney roasted them in how they didn’t follow ACC requirements to sue or counter sue one of its member schools
 
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Hoyacane1620 said:
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I have no idea what that means.

First, why should the ACC be able to "sell them" and "split the revenue"? This is just bizarre. The GOR was supposed to be a conduit, to pass along the broadcast rights to the broadcast partner. It was not supposed to create an ownership interest on the part of the ACC that they could then "sell" to another broacast partner, while they "split" the revenue with whoever's rights they just sold.

Second, WHAT "under the terms of the normal agreement"? Where does the GOR say that the ACC can buy and sell our various TV rights on their own initiative?

This makes no sense at all.
 
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So ACC says they own the media rights after a school leaves conference, not ESPN. But that is entirely reliant on Grant of Rights, as nothing in ACC constitution or whatever gives media rights to the conference once they leave

But the Grant of Right itself was literally a condition of the ESPN agreement and for the purpose of allowing the conference to perform the obligation to the media agreement for the entire term, even if the left the conference before the term ended.

Wouldn’t that mean since the media agreement explicitly says ESPN doesn’t own any future media rights once the school leaves the conference, that the school is still meeting its obligation to the media agreement without the conference retaining control of their rights? Like the purpose of the GoR is literally for conference to meet the ESPn media agreement. But as soon as the school leaves their future “works” are no longer subject to the media agreement…

Probably too simple way to look at it, but seems to me that the GOR entire purpose is just to ensure the conference and school is specifically meeting its ESPN media deal. So if in the media deal they don’t get rights to games for team out of conference, why does the conference? The school met its obligation to the media deal. The deal is when the leave the conference ESPN losing the future media rights… the GOR did its job. Why does the conference get to keep the rights?
 
TheOriginalCane said:
I have no idea what that means.

First, why should the ACC be able to "sell them" and "split the revenue"? This is just bizarre. The GOR was supposed to be a conduit, to pass along the broadcast rights to the broadcast partner. It was not supposed to create an ownership interest on the part of the ACC that they could then "sell" to another broacast partner, while they "split" the revenue with whoever's rights they just sold.

Second, WHAT "under the terms of the normal agreement"? Where does the GOR say that the ACC can buy and sell our various TV rights on their own initiative?

This makes no sense at all.
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They are "making **** up" as they go along ... out of panic of pending collapse. The GOR documents we have all read clearly tie the initiation of the GOR TO the ESPN media agreement ... period. Now they are saying it basically has nothing to even do with ESPN ... all conference members simply .... FOR NO CONSIDERATION OF ANY KIND ..... agreed to give the ACC their media rights until 2036. Not going to hold up ... in court.
 
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