@@Christopher-s2r “in secret”? How so? And espn’s contract is with the ACC, not the member schools. The GoR and the media deal with ESPN are two totally separate things. That’s a primary point that seems to go over the head of many people.
@@scotttaranto7870 they aren’t going to lose them anytime soon. Everyone is making all these fantasy predictions based on the fallacy that the ACC is going to “implode”. It is not
When I first heard FSU wanted out of the ACC, i said the ACC needed to settleto anyone who would listen. Settle with Clemson and FSU. Not like the ACC leadership would listen to me. But they've proceeded to do everything wrong in the process. With what you've just said and what has been coming out with the release of the contract. The only benefit for FSU to settle is to get out sooner. Things in FSU and Clemson's case are starting to line up. Idk if the judges will see it that way. But again.... If i were the ACC, i wouldn't take that chance. But from an FSU perspective. I don't think I'd settle. I have no doubt FSU and Clemson will get out. But if what you're saying is true and the case Clemson presented is factual. FSU and Clemson will walk for free. If the right to extend the deadline has already passed. And, Clemson is correct that the schools take their rights with them when they leave. What are the damages? I'm not even sure a North Carolina judge would make them pay in that circumstance.
@scotttaranto7870 it's more complicated than that here because, if don't have your de facto "property settlment", no other league is going to touch you
The ACC Commish obviously didn’t follow the bylaws to have the requisite authority in fact to extend the agreement so the memo would be seem to be voidable. Notice I said voidable as opposed to void. There is the issue of the apparent authority cloaked in the ACC Commish by virtue of his position. If the Commish holds himself out to have the requisite legal authority to extend the agreement, then an entity with no knowledge of his lack of authority could rely on it. So the real question is”Did ESPN know that the Commish wasn’t so authorized to extend the agreement”? Then add to that the equitable argument that the ACC member schools accepted the payments generated by the contract. Probably short of a compromise resolution, the contract will expire on its own in 2027. At that point it’s a mad rush for the exits. And therein lies the motivation for a compromise resolution sooner.
The answer is simple, contract ends in 2027, acc commissioner violated the bylaws by not getting 2 thirds of schools. But this was to easy, IT IS AUGUST, WHY HASNT THE JUDGE ALL READY RULED? answer, there is more than we know
That would depend on how closely one has been following this situation. More and more information leaks out by the day, hard to keep up with all of it.
@@CFBAddiction - Honestly, no. The title and graphic suggested specific team updates (if I see the NC State logo, I expect info that genuinely implicates State). Not a thought experiment that genuinely adds nothing to the conversation.
@@None-dj8iy it's not that simple, however. FSU (and all the other ACC Schools) are continuing to accept money from the ACC and ESPN is continuing to pay. You can't just pocket the money AND say the contract already lapsed so there *technically* isn't an enforceable TV deal in existence. That's unjust enrichment and not the most sound of arguments to make.
@@blakehamlin5602isn’t that money that is due to the school based on their brand etc? So why would a school allow someone to make money off of them and then decline the payout?
@@james-bf1ni Each school in the ACC gets am equal distribution (with very minor exception). The argument that "there isn't an existing TV deal because the option was improperly extended" is hogwash. The TV deal is still in existence. ESPN continues to pay the ACC under it. The schools are all operating under it and accepting the money. You don't get to pocket the money and say it doesn't exist.
@@blakehamlin5602Did you not hear that the valid agreement is through 2026. We are only in 2024. The amendment is the one that is invalid that ACC is trying to enforce until 2036.
Jim Philips signed the memo without getting approval from the other schools. I am pretty certain the judge will rule in FSU and Clemson favor. With that ruling those two teams will pay the exit fee and will announce their leaving before August of 2025. ESPN will see the writing on the wall and will not continue with the ACC with the loss of FSU and Clemson at least not at the same level of compensation.
It isn’t as simple as that. Apparently there is a signed document that gave Jim Phillips authority to work on behalf of all the member schools within the conference. Hence the long drawn out legal court cases that are ongoing and will continue in a much slower process than the fans of either FSU or Clemson can imagine or believe.
If they wait until the contract expires there would be no damages to the ACC. The exit fee has to be a reasonable approximation of the actual damages. No damages= no exit fee.
@pjtarheel They signed most likely under false pretenses. That will all come out with he court cases. If you don't have a copy of the contract but the person you have put your faithing negotiates for you and then tells you there are things in the contract that aren't there or there aren't things there that are, you have been defrauded and that negates any contract you signed. The ACC has so closely guarded their contract because they don't want this news leaked. But that's OK, everything I've heard points to FSU working on AAU status with the help of some of the member institutions and the timeframe is 2-3 to complete that. Any coincidence the the original ESPN contract expires in that time frame and has not been renewed? Then that takes the enhanced exit fees off the table. ACC should settle now while they still have a chance at 300 million. If they don't, they most likely end up with 1/3 of that or less.
@@LoneWolfeServices yes. If that “aau timeline” is correct then that’s what it is - a coincidence. And 2-3 years is still a long time from 2036 when the GoR expires. And what “false pretenses”? They signed the GoR - twice - and have accepted hundreds of millions of dollars from it. They can’t just back out now because the values of college football media rights have inflated faster than expected. There were no “false pretenses” that I’ve heard anyone refer to.
Where would they go? Big 10 (Not AAU schools)--SEC doesn't want to expand any further--Big 12--that would be a lateral move--independent ? Good luck with that !!
@@nickyshuman4521FSU should be AAU in the next 2-3 years. And Clemson just announced a multi-million dollar initiative to be an AAU member by 2035. Obviously there are no guarantees, but the schools are doing what needs to be done.
@@nickyshuman4521Also, the Big XII media deal is up in 2030 - with new and more valuable teams, the payout per team will greatly increase. Also, Brett Yormark wants separate media deals for football and basketball, this could really increase the revenue the league will bring in.
@@VBHokie it takes more than applying for AAU membership- you also have to have the academic credentials- hopefully any school wishing to join the Big 10 will be able to do that
Don't know why fsu and clemson hired all these expensive lawyers when they could have just hired you to crack the code. It's so clear cut and black and white according to you that I expect them to be out by noon.
@@INFAMOUSfrontRunn3r But it took the lawsuits to uncover this information, otherwise we'd be blissfully locked in until 2036. Also, who knows what back channel negotiations are taking place... wouldn't surprise me to see the ACC declare the contract with ESPN void, then all the teams drop their lawsuits, renegotiate for a current-market level deal, and the ACC stay together.
I’ve thought about this too, but espn acted in good faith regarding the extension. The ACC signed a memo they knew was in violation of their bylaws. They could have caused espn damages and have to pay for them. There could be a new smaller conference though, just the schools serious about football. Money would be closer to B1G/SEC. Hopefully close enough to be. competitive. And they could sign a deal with Fox expanding their territory in one swoop.
I laughed so hard when you said "Did the ACC commisoneer violate the conference bylaws". The ACC sued FSU before getting the required member votes. ACC apparently never gave a damn about the thier own bylaws. A joke of a conference.
@@jcfilms4433 Eventually, I agree 100%. But it’s going to take a while longer than many anticipated. And if these cases end up going to federal court as some predict, it’ll even take longer. But yes, both FSU and Clemson will eventually get out.
Arrogance and better than everyone else destroyed that conference. My Mountaineer should have been in the ACC which we don't want to be now but the Mountaineers were most of those teams rival and they hated us so bad they hated taking those L's and we would rub it in and then burn it couch. 😂🤣
If the By-Laws required a vote then the Commissioner couldn't have made a standing agreement with ESPN. He could have negotiated an extension, but would have been required to go back per the By-Laws to get member approval. That's the way it's always worked with various organization boards I've been on. So the Grant of Rights should die in 2027 without a vote to extend.
ACC violated the agreement did not act on behalf of it's members, which is the ACC primary responsibility. ESPN agreement is a business deal to create revenue for the ACC teams and ESPN is not ACC partner. ACC sole responsibility is to the schools in the conference. Once they breached that obligation there really is nothing to discuss. Its the reason Florida State and others are leaving and that should not cost a ton of money to leave. Simply put ACC did not do their job! Instead ACC and ESPN continue to cover up the facts in language of ironclad GOR to a deal that was extended unilaterally and blackmail scare tactics to get them not to leave. Even painting Florida State as the bad guy for leaving. Not right at all. Dirty business practices are coming to light. FSU is the bad guy for calling out the guilty parties? Fear the Spear!
Except, every conference member has gotten a revenue check every year from the ACC. FSU will eventually get out but it won’t be for violating the agreement.
@jansonroberts2616 yes, but all of unilateral actions and misconceptions can help FSU argument in why FSU wants to leave the conference. Lawyers seem to be on top of it.
@@MRooks-u5l FSU wants to leave because the ACC media payouts don’t give them enough money to compete with the SEC and B1G. The GOR is blocking that move so we have the lawsuits. FSU will get out eventually but finding the ACC at fault will drag this out for years and no guarantee for success. Their best hope is for ESPN not to opt in to the ACC media deal in 2027. But realistically, I’d be surprised if ESPN didn’t opt in. We’ll see how it plays out.
@jansonroberts2616 No chance ESPN opts into a deal now. ESPN knows Florida State and Clemson are out. They are wait and see mode. New contract for any of the remaining teams will be negotiated is possible. I bet when FSU and Clemson there will be others leave too. Exit fee is excessive. Settlement of some kind is coming. No clear time table of the future but 2026 would be their last season if not sooner.
As a Miami fan, this excites me. I think us and UNC have a spot in the Big Ten, but probably not in the SEC. Obviously, I think FSU and Clemson have spots in either conference, regardless of what any officials from either of the big 2 are saying right now. It will be very interesting to see how all this plays out.
How many times have we been through this Bullwinkle ‘Hey Rocky watch me pull a rabbit out of the hat’ situation where the ACC is seemingly doomed but some counter arguments quickly quash the notion presented here. I am not holding my breath.
Based on my answer below, 2027 deals ends, schools are free to opt out now, give 2 year notice, and pay NO exit fee. Or, break the grant of rights now and pay 2 years of penalties, or about 105 million. But SMU, Stanford and California can immediately opt out as they were not apart of conference in 2021 and in SMU receive no yearly pay. The 1st part is the same deal that OU andvTexas had leaving the big 12, 2 year notice no buyout.
I believe that ESPN will opt out of the ACC Network contract in 2025. I believe that the prior ACC Commissioner tried to pull a fast one and never ever thought that someone would bring a lawsuit against the ACC Conference and have access to the ACC contract with ESPN. If I were the judge I would rule completely against everthing the ACC argues as punishment for what the prior commissioner did. Dissolve the ACC to set precedent so something like this will never ever happen again.
Thank you. That was nicely done. I quit clicking on your other site in protest to your dishonest, click-bait titles. I could never find the content that you promised. You could get me back if you will continue to mend your ways and be an honest person and honor your viewers instead of disrespecting them for short term returns.
At this point, almost zero chance. The league will remain, but as a Group of 7 conference. At least 8 members can go to one of the other P3 Conferences, and once that happens, Notre Dame is gone. The ACC is in deep 💩.
To me the memo to extend is irrelevant as it was without the ACC team votes. FSU, Clemson, and any other teams that desire to leave the ACC should be able to walk for a minimal exit fee and the gain of rights is no longer valid AFTER 2027. However, I'm hoping that a financial settlement is reached prior to 2027 so we can leave this sorry conference. Both the SEC and B1G are saying that there is no interest in FSU but money talks and if we are in the B1G we would be right behind Ohio State and Michigan as far as revenue is concerned. Both the SEC & B1G don't want a lawsuit and will stand back UNTIL we officially leave the ACC. LET MY NOLES GO!
What what. I thought the ACC blew up last week. Sigh. Every video from here and double fries is the same rehash and something big happening next week. I’m out.
I believe the Commissioner DID violate the by-laws. I cannot imagine ANY judge saying that the Commissioner could extend the contract without institution approval, especially if some of those institutions are in states with "sunshine" laws that require transparency. But, I have a clarifying question.....if the Commissioner hastily did this back in 2021 to extend to 2027 and did that without the approval of the members, then wouldn't that mean that the ACC is currently working without a legal or binding contract? I mean, no one from FSU agreed to this extension back in 2021 and we have been a member subject this agreement for 3 years. So, it seems that any and all ACC members could just leave with no penalty as the most recent agreement that all members agreed to was back in 2019. Am I wrong or did I miss something in the story?
The commissioner extended espn’s deadline to opt in for the period 2027-2036. Since he didn’t have the authority to do so, the extension is invalid. Therefore, the contract ends in 2027 (as written).
It may be great news for those schools with a landing spot, but what about those that don't? As a XII fan, I have been on that side of the fence, and it's not a great place. I hope the ACC can pull it together, but seems doubtful at this point. Time will tell
Too much money involved in the lawsuit for FSU to maintain the status quo. They have shown their hand about what they want to do when they admitted they were attempting to get AAU approval. Only one conference mandates such an honor, not the ACC, the SEC, or the Big 12. Florida State and Notre Dame may be teams 19 and 20 in the BIG.
@@deadeye4520 the denial is coming from everyone who doesn’t seem to be aware that the ACC owns Clemson’s and FSU’s media rights until 2036. Have you noticed how many people have been saying “any day now” for over a year? It’s really quite funny.
@@pjtarheel You're clueless. The 2036 GOR date is fictional, and that's why the ACC keeps the contract under lock and key. They don't want the member universities knowing the truth. In reality, the REAL end date for the current deal is 2027.
Josh Pate said the other night that there is some huge news right around the corner that he is aware of, but can't comment on. I wonder if all these same haters are flaming his video as well? lmao. Hang in there, TJ, these idiots forget that you've been right on the money on a ton of stuff way before it was reported on a lot of other channels, all the way through this ordeal. They also act like you are making all this up, when you've literally had attorneys on your shows explaining things, multiple times.
Click bait? As for your question. The answer is no. The extension is at the discretion of espn exclusively. The revocable language does not mean that the acc or members have the option to revoke. It means that if any of the revocation clause are violated then revocation can occur. Given the original contract term is 2036 then the extending the option was good faith and perfectly fine as described in section 2 of the acc bi laws. Even then, everyone is missing the point here. The grant of rights is what matters not the espn contract. It services the espn agreement not the other way around. And it is based exclusively on copyright law. Which means given SCOTUS ex parte young that any case would be in a federal court in deleware. End of story. The court would evaluate based on fair use doctrine if it didn’t get dismissed beforehand and any school leaving would fail miserably in a fair use copyright evaluation. As for Phillips extending, again he is granted that authority per acc Bilaws that everyone signed given the term of the contract (2036) didn’t change, the option to extend to completion was simply excercised by espn. The exact same gor was used by the big 12 and ou and Texas were both forced to pay to leave. This situation is no different. It’s the GOR document that will decide what happens.
Should FSU declare to exit ACC by 2027 before a vote is presented to ACC schools to extend the ESPN contract? If FSU doesn’t declare an exit before ESPN extends and ACC schools approve, will FSU be bound to the extension until 2036?
Someone with power needs to step in and end all this alignment crap. Force all the teams back to where they came, and just keep the expanded playoffs and have fun with it. Just add up all the tv contracts and divide them all out equally among the 134 (i think) teams and call it a day.
I think the ACC commissioner is wrong so far, as far as the news and evidence presented. If I was the judge however, I would rule leaning towards the ACC needing to be reformed and their next media deal being OTA again.
So here’s the problem. I think you are conflating the ACC/espn deal with the ACC grant of rights, which runs through 2036. Those are two totally separate things. The ACC could sign a media rights deal with Apple and it wouldn’t change the grant of rights. They are two different contracts. The teams themselves have no contract with espn.
Dude you are not LONG WINDED. Those people have SHORT ATTENTION SPANS. Do not worry about them. You speak on topics that must be discussed, not rushed through. Keep doing your videos the same way that you have been doing them.
Your conclusions are not necessarily correct. If the Commissioner had apparent authority, he might bind the conference with ESPN, particularly where ESPN can demonstrate detrimental reliance on the commissioner’s actions. There remains a question then whether the conference can be held to the contract with a right of action against and if the conference breaches the contract. The issue then becomes what exposure do the individual schools have for conference liability. They may have none or they may share in that liability contractually. So while they may look healthier vis a vis the suit against the ACC and the GOR, this may still be a question of dollars and cents to leave the ACC where the ACC’s position has become less flexible given potential ongoing liability to ESPN.
You said the same garbage 6 days ago and you said this "memo" was dropping this week. You're completely delusional to think Jim Phillips acts unilaterally like this. You guys are so funny
Not a fan but FSU should be allowed to leave immediately. The ACC FAILED to get them into the playoff with an perfect record. That is all anyone needs to know about the ACC. The ACC will no longer exist in 2017.
I think the argument that Jim Phillips unilaterally extended ESPN’s “opt in” window doesn’t hold much water. If he was acting with “apparent authority” (legal term of art), then a court can’t really do anything about that. What he did would probably binding and valid. Court’s tend give massive amounts of leeway for internal affairs of a corporation. It’s likely there’s no legal recourse for a minor breach of corporate bylaws.
@@CFBAddiction It’s a weak legal argument fighting over whether Phillips followed ACC bylaws exactly. As long as he was acting with “apparent authority” his unilateral extension will likely be valid. I think FSU is better off attacking the consideration aspect (or lack thereof) of the GOR. Check out a legal article by Mark T. Wilhelm in the Journal of Sports & Entertainment Law called “Irrevocable but Unenforceable? Collegiate Athletic Conferences’ Grant of Rights.” Specifically section 4, letter C entitled “Legal Enforceability of the Grant of Rights.”
@@scotttaranto7870 The breach is minor if Phillips was acting with “apparent authority”, which is a legal term of art that you can’t just brush aside because you don’t understand it. Here is a definition of “apparent authority” from Cornell Law School Legal Information Institute. Agent = Jim Phillips, Principal = ACC Member Schools (Presidents and Chancellors), Third Party = ESPN. “Apparent authority is the power of an agent to act on behalf of a principal, even though not expressly or impliedly granted. This power arises only if a third party reasonably infers, from the principal's conduct, that the principal granted such power to the agent. The idea of apparent authority protects third parties who would otherwise incur losses if the agent's signature did not bind the principal after reasonable observers thought that it would. Typically, if an agent has apparent authority, the agent's principal will be held liable for the actions of the agent which are within the scope of the apparent authority. Agency Law The doctrine of apparent authority comes up often in agency law. In American Soc'y of Mech. Eng'rs v. Hydrolevel, 456 U.S. 566 (1982), the Supreme Court upheld apparent authority as a legitimate doctrine under agency law, holding, "Under general rules of agency law, principals are liable when their agents act with apparent authority . . . An agent who appears to have authority to make statements for his principal gives to his statements the weight of the principal's reputation” -- in this case, the weight of petitioner's acknowledged expertise in boiler safety. Power of Position The "power of position" refers to apparent authority that is created by appointing someone to a position which carries recognized duties (i.e. manager or treasurer). In this situation, there will be apparent authority to do the things which are regularly and typically entrusted and expected of someone with the position title. In New York, this principle was explicitly upheld in Pasquarella v. 1525 William St., LLC, 120 A.D.3d 982 (N.Y. App. Div. 2014), when the New York Appellate Division held that the manager of a company has the apparent authority to bind the company to contracts, regardless of whether he has actual authority”
@@ericphipps1285 I'm not sure ESPN can claim apparent authority here. Maybe, but they are a professional sports broadcast company who is familiar with the conference bylaws. It would be interesting to see this litigated but I don't think Cooper or the appeals courts in Florida will let this through. I suspect they will send ESPN to the ACC for violating the explicit limitations of their authority. If it hadn't been specifically stated in the ACC Bylaws that they needed the vote for media contracts it might have been ambiguous enough for what your saying, but I seriously doubt ESPN can get away with claiming they didn't know. I think there are also issues of fiduciary on the part of the conference to the members. Granting an extension to ESPN and then concealing it from the members was certainly not in their best interests.
@@CFBAddiction That is a tricky question. ACC and Phillips no doubt exceeded their authority in a shady manner. The language of the 2/3rds to amend clause will be a key. One side may argue it doesn't ban retroactive changes like that, they other will say it does not authorize them either. I am not familiar enough with contract law to know which is the precedent, but you probably know someone who can answer that....
If what you said is factual, all FSU had to do was announce they were leaving the ACC instead of this public tantrum they're throwing. FSU didn't announce they were leaving after the 2026 season because there's holes in your facts.
@CFBAddiction take a deep breath and read what I wrote. You don't try to knock a hole through a wall when an existing door is available! Hence, there's holes in your logic.
@@richardoneal1055you might be right IF that's what FSU knew from the beginning. But Why spend all this money and energy if it they already knew it was that simple from the beginning and could be out of the ACC in a couple year? Everyone and their mother understood at the jump that FSU was locked in to the ACC per ESPNs grant of rights and was due to pay half billion $$ for the contract through 2036 in order to leave. A contract that is locked up in NC that can't be seen without explicit permission. There's holes in your logic as well.
@edjrenaline Wrong! FSU and their attorneys had access to the GOR and the ESPN contract with the ACC before any lawsuit was filed. FSU knew what was in those documents and spent over a million dollars on attorneys to go to North Carolina and read the documents. They didn't announce they were leaving after the 2026 season because there wasn't anything that obvious. Same goes for Clemson.
Everything you just said had gaping holes that you left out throughout almost every point you were trying to push through. LOL. That’s why the lawsuits are stuck and will take a while.
@@teeduck Becuase, once the top 6 leave, it will be pointless for anyone else to stay. If they do stay. it will be bacause they are basketball schools where the their football is so irrelevant that they have zero options. Then, the TV contract will shrink and the handcuffs to conference will be unrealistic compared to the payoff. The BCS will eventually shut the ACC out. So, anyone with any chance to land somewhere else had better will take it. Some will decide that football just isn't worth D1 status and go FBS. Paying 30 million a year to players and having your TV contract not even cover that amount will help make some of the high education basketball schools rethink football altogether. If you are not a Top 40 or 50 program continuing to pretend you are a big time college football program will become to costly. You will lose your best ACC teams and also your worst. Read the tea leaves. It isn't very hard.
ACC already sucks at football with those two teams even they can't even get in the playoffs undefeated. But if the ACC was smart what they would do when FSU in Clemson gives their buyout the ACC should try to steal UCF West Virginia Kansas TCU or Oklahoma State. But the ACC is not that smart. 🤣😂
I think now that the new NBA contract outlay is realized (at least on ESPN's side), they will focus on shoehorning several ACC schools into the SEC and the Big 12. Big 12 will likely have Pitt, Syracuse, BC, Louisville and WF. SEC will obtain FSU, Clemson, UNC, NCST, Duke, UVA, VT, and have Kansas switched over. That will leave GT, Miami, and ND for the B1G.
@@pjtarheel Because that would be the reason why those schools would eventually vote to disband the ACC and just go to whomever is willing to suit their interests.
I think that if the facts are as simple as you understand them to be the parties would not currently be tied up in court. The ACC has high paid lawyers who review and sign off on all contracts of substance. Not sure what law school you attended, but you can bet that licensed attorneys who understand media law did not allow the commissioner to violate conference rules. If they did, then this matter would have settled months ago and the ACC would be collecting on the attorney's malpractice policy limits.
You solved it! Congratulations. It’s too bad all the brilliant attorneys that put all this in place missed those points. Also attorneys from several schools having been scouring the contract for years and didn’t see this? Wow. Just amazed you guys found the loophole
Where did he say that he discovered this? This has been known by the attorneys for a while now, and the info is just now trickling down to the podcasters.
Already unsubscribed. Still get this nonsense in my feed. Clicked on it by accident, and still as much as a jerk as I remember, especially in the comments, and still using misleading clickbait titles. Guess I gotta block also.
Welp, considering everyone who has a vote to enter BIG10 also has a vote on who gets AAU, pretty sure those votes can be held at same time. BIG10 makes up large % of voters for AAU
@@CFBAddictionthey still make up a minority percentage if they all vote yes. Steep hill and sec doesn’t want them. Ur gonna need to stay in acc or join big 12
Hahaha, who is this person who is holding a gun to your head forcing you to watch this? It's not 1960, where this is the only channel your You-Tube will pick up...
And the fact that both the SEC and B1G recently threw cold water on expansion - unless the ACC completely collapses ... unlikely any time soon - tells me that if FSU wants out "now", then a "lateral transfer" to B12 is the play ....
The ACC just sent four teams to the College World Series Also the ACC was 7-5 vs the SEC in football last season The ACC made the final four in Men's basketball.....along with three of the elite eight The ACC remains the best path to the College Football Playoff
ESPN will re up a new deal 2027.. close to SEC an big 10 deal.. 50-55 mil per team.. the ACC network is profitable.. even if FSU and Clemson choose to leave.. look for 2 big 12 teams to jump to ACC..and most likely Washington St, Oregon St. .. 4 West Coast schools, Smu, Kansas , Texas tech.. possibly Tulane.. Notre Dame affiliate member and the remaining ACC schools.. four for 2 .
The ACC Commish obviously didn’t follow the bylaws to have the requisite authority in fact to extend the agreement so the memo would be seem to be voidable. Notice I said voidable as opposed to void. There is the issue of the apparent authority cloaked in the ACC Commish by virtue of his position. If the Commish holds himself out to have the requisite legal authority to extend the agreement, then an entity with no knowledge of his lack of authority could rely on it. So the real question is”Did ESPN know that the Commish wasn’t so authorized to extend the agreement”? Then add to that the equitable argument that the ACC member schools accepted the payments generated by the contract. Probably short of a compromise resolution, the contract will expire on its own in 2027. At that point it’s a mad rush for the exits. And therein lies the motivation for a compromise resolution sooner.
Nice line of stepwise logic. I appreciate you walking it through.
Yes he did . ESPN and Philip did that in secret and they are trying to pull a fast one over the league. They broke the contract get out now.
@@Christopher-s2r “in secret”? How so? And espn’s contract is with the ACC, not the member schools. The GoR and the media deal with ESPN are two totally separate things. That’s a primary point that seems to go over the head of many people.
@@pjtarheel The GoR specifically mentions ESPN at the provider. No contract with ESPN means no GoR.
@@franklingonzalez3233 it does not, and it does not.
ACC and ESPN are probably working behind the scenes. Next year we'll probably get a resolution that no one saw coming.
ESPN is working behind the scenes alright... trying to get the ones they want into the SEC.
@@WeSRT4haha. So they have to pay them more? 😂
@@pjtarheel Let me explain... ESPN is paying for Syracuse, BC, WF, Duke to name a few. In the end this is really about weeding out the bad.
Better for espn to pay them more and make some profit than to loose them altogether.
@@scotttaranto7870 they aren’t going to lose them anytime soon. Everyone is making all these fantasy predictions based on the fallacy that the ACC is going to “implode”. It is not
When I first heard FSU wanted out of the ACC, i said the ACC needed to settleto anyone who would listen. Settle with Clemson and FSU. Not like the ACC leadership would listen to me. But they've proceeded to do everything wrong in the process. With what you've just said and what has been coming out with the release of the contract. The only benefit for FSU to settle is to get out sooner. Things in FSU and Clemson's case are starting to line up. Idk if the judges will see it that way. But again.... If i were the ACC, i wouldn't take that chance. But from an FSU perspective. I don't think I'd settle. I have no doubt FSU and Clemson will get out. But if what you're saying is true and the case Clemson presented is factual. FSU and Clemson will walk for free. If the right to extend the deadline has already passed. And, Clemson is correct that the schools take their rights with them when they leave. What are the damages? I'm not even sure a North Carolina judge would make them pay in that circumstance.
It’s kinda like trying to get the courts to deny a divorce. If they don’t want to be there …..
@scotttaranto7870 it's more complicated than that here because, if don't have your de facto "property settlment", no other league is going to touch you
The ACC Commish obviously didn’t follow the bylaws to have the requisite authority in fact to extend the agreement so the memo would be seem to be voidable. Notice I said voidable as opposed to void. There is the issue of the apparent authority cloaked in the ACC Commish by virtue of his position. If the Commish holds himself out to have the requisite legal authority to extend the agreement, then an entity with no knowledge of his lack of authority could rely on it. So the real question is”Did ESPN know that the Commish wasn’t so authorized to extend the agreement”? Then add to that the equitable argument that the ACC member schools accepted the payments generated by the contract. Probably short of a compromise resolution, the contract will expire on its own in 2027. At that point it’s a mad rush for the exits. And therein lies the motivation for a compromise resolution sooner.
Swofford and this current commissioner knew about the media rights/ renewal clause and kept it from the members to keep the league together.
Clearly the commish pulled a fast one and FSU and the other teams should only be committed through the original contract.
The answer is simple, contract ends in 2027, acc commissioner violated the bylaws by not getting 2 thirds of schools. But this was to easy, IT IS AUGUST, WHY HASNT THE JUDGE ALL READY RULED? answer, there is more than we know
This title was clickbait. There wasn't anything new here.
Did you enjoy?
@@CFBAddictionNo
That would depend on how closely one has been following this situation. More and more information leaks out by the day, hard to keep up with all of it.
@@CFBAddiction - Honestly, no. The title and graphic suggested specific team updates (if I see the NC State logo, I expect info that genuinely implicates State). Not a thought experiment that genuinely adds nothing to the conversation.
Now you ought to know by now TJ is the click bait king
Yes the commissioner did violate the contract! Come on over to the B1G! 🎉
@@None-dj8iy it's not that simple, however. FSU (and all the other ACC Schools) are continuing to accept money from the ACC and ESPN is continuing to pay. You can't just pocket the money AND say the contract already lapsed so there *technically* isn't an enforceable TV deal in existence. That's unjust enrichment and not the most sound of arguments to make.
@@blakehamlin5602isn’t that money that is due to the school based on their brand etc? So why would a school allow someone to make money off of them and then decline the payout?
@@james-bf1ni Each school in the ACC gets am equal distribution (with very minor exception). The argument that "there isn't an existing TV deal because the option was improperly extended" is hogwash. The TV deal is still in existence. ESPN continues to pay the ACC under it. The schools are all operating under it and accepting the money. You don't get to pocket the money and say it doesn't exist.
He’s saying since there was no valid extension the contract will expire in 2027 as written. No problem there.
@@blakehamlin5602Did you not hear that the valid agreement is through 2026. We are only in 2024. The amendment is the one that is invalid that ACC is trying to enforce until 2036.
Jim Philips signed the memo without getting approval from the other schools. I am pretty certain the judge will rule in FSU and Clemson favor. With that ruling those two teams will pay the exit fee and will announce their leaving before August of 2025. ESPN will see the writing on the wall and will not continue with the ACC with the loss of FSU and Clemson at least not at the same level of compensation.
Clemson and FSU have no case. They signed the grant of rights - twice - and have already accepted hundreds of millions of dollars from it.
It isn’t as simple as that. Apparently there is a signed document that gave Jim Phillips authority to work on behalf of all the member schools within the conference. Hence the long drawn out legal court cases that are ongoing and will continue in a much slower process than the fans of either FSU or Clemson can imagine or believe.
If they wait until the contract expires there would be no damages to the ACC. The exit fee has to be a reasonable approximation of the actual damages. No damages= no exit fee.
@pjtarheel They signed most likely under false pretenses. That will all come out with he court cases. If you don't have a copy of the contract but the person you have put your faithing negotiates for you and then tells you there are things in the contract that aren't there or there aren't things there that are, you have been defrauded and that negates any contract you signed. The ACC has so closely guarded their contract because they don't want this news leaked. But that's OK, everything I've heard points to FSU working on AAU status with the help of some of the member institutions and the timeframe is 2-3 to complete that. Any coincidence the the original ESPN contract expires in that time frame and has not been renewed? Then that takes the enhanced exit fees off the table. ACC should settle now while they still have a chance at 300 million. If they don't, they most likely end up with 1/3 of that or less.
@@LoneWolfeServices yes. If that “aau timeline” is correct then that’s what it is - a coincidence. And 2-3 years is still a long time from 2036 when the GoR expires.
And what “false pretenses”? They signed the GoR - twice - and have accepted hundreds of millions of dollars from it. They can’t just back out now because the values of college football media rights have inflated faster than expected. There were no “false pretenses” that I’ve heard anyone refer to.
You're not long-winded. I always enjoy your takes, even when I disagree with you.
Thanks, Frank. Appreciate you.
@@CFBAddiction Go Hokies!
Whatever line of thinking everyone does, FSU and Clemson will be out of the ACC sooner or later, just a matter of when.
Where would they go? Big 10 (Not AAU schools)--SEC doesn't want to expand any further--Big 12--that would be a lateral move--independent ? Good luck with that !!
@@nickyshuman4521FSU should be AAU in the next 2-3 years. And Clemson just announced a multi-million dollar initiative to be an AAU member by 2035. Obviously there are no guarantees, but the schools are doing what needs to be done.
@@nickyshuman4521Also, the Big XII media deal is up in 2030 - with new and more valuable teams, the payout per team will greatly increase. Also, Brett Yormark wants separate media deals for football and basketball, this could really increase the revenue the league will bring in.
@@VBHokie it takes more than applying for AAU membership- you also have to have the academic credentials- hopefully any school wishing to join the Big 10 will be able to do that
They will not. The ACC owns their media rights until 2036
Meeting of all different aspects and pieces put together from all angles! Summit if you will!!!
The Acc contract ends in 3 years. That's an eternity in this type of thing.
Don't know why fsu and clemson hired all these expensive lawyers when they could have just hired you to crack the code. It's so clear cut and black and white according to you that I expect them to be out by noon.
Yep...if this was remotely true FSU would declare this weekend.
Its about the clicks😂😂😂
@@INFAMOUSfrontRunn3r But it took the lawsuits to uncover this information, otherwise we'd be blissfully locked in until 2036. Also, who knows what back channel negotiations are taking place... wouldn't surprise me to see the ACC declare the contract with ESPN void, then all the teams drop their lawsuits, renegotiate for a current-market level deal, and the ACC stay together.
@@Skybolt211 whatever you got to tell yourself. We will see when they declare
I’ve thought about this too, but espn acted in good faith regarding the extension. The ACC signed a memo they knew was in violation of their bylaws. They could have caused espn damages and have to pay for them. There could be a new smaller conference though, just the schools serious about football. Money would be closer to B1G/SEC. Hopefully close enough to be. competitive. And they could sign a deal with Fox expanding their territory in one swoop.
Yep, what a slam dunk for free shoes U. LoL. A year from now they ll still be paying lawyers and spewing fantasy.
Excellent breakdown of the real issue given new information
I laughed so hard when you said "Did the ACC commisoneer violate the conference bylaws". The ACC sued FSU before getting the required member votes. ACC apparently never gave a damn about the thier own bylaws. A joke of a conference.
It worked for what they needed to do.
@@jansonroberts2616 They are not a good partner and a judge will agree. FSU and Clemson will be out of the ACC
@@jcfilms4433 Eventually, I agree 100%. But it’s going to take a while longer than many anticipated. And if these cases end up going to federal court as some predict, it’ll even take longer. But yes, both FSU and Clemson will eventually get out.
Very informative video, my dude, good stuff
Acc is screwed
Yes sir! Jim Phillips is a moron and brought this on himself...🤦🏻♂️
Arrogance and better than everyone else destroyed that conference. My Mountaineer should have been in the ACC which we don't want to be now but the Mountaineers were most of those teams rival and they hated us so bad they hated taking those L's and we would rub it in and then burn it couch. 😂🤣
Wake me when schools actually change conferences and contracts are signed.
If the By-Laws required a vote then the Commissioner couldn't have made a standing agreement with ESPN. He could have negotiated an extension, but would have been required to go back per the By-Laws to get member approval. That's the way it's always worked with various organization boards I've been on. So the Grant of Rights should die in 2027 without a vote to extend.
ACC violated the agreement did not act on behalf of it's members, which is the ACC primary responsibility. ESPN agreement is a business deal to create revenue for the ACC teams and ESPN is not ACC partner. ACC sole responsibility is to the schools in the conference. Once they breached that obligation there really is nothing to discuss. Its the reason Florida State and others are leaving and that should not cost a ton of money to leave. Simply put ACC did not do their job! Instead ACC and ESPN continue to cover up the facts in language of ironclad GOR to a deal that was extended unilaterally and blackmail scare tactics to get them not to leave. Even painting Florida State as the bad guy for leaving.
Not right at all. Dirty business practices are coming to light. FSU is the bad guy for calling out the guilty parties?
Fear the Spear!
Except, every conference member has gotten a revenue check every year from the ACC. FSU will eventually get out but it won’t be for violating the agreement.
@jansonroberts2616 yes, but all of unilateral actions and misconceptions can help FSU argument in why FSU wants to leave the conference. Lawyers seem to be on top of it.
@@MRooks-u5l FSU wants to leave because the ACC media payouts don’t give them enough money to compete with the SEC and B1G. The GOR is blocking that move so we have the lawsuits. FSU will get out eventually but finding the ACC at fault will drag this out for years and no guarantee for success. Their best hope is for ESPN not to opt in to the ACC media deal in 2027. But realistically, I’d be surprised if ESPN didn’t opt in. We’ll see how it plays out.
@jansonroberts2616 No chance ESPN opts into a deal now. ESPN knows Florida State and Clemson are out. They are wait and see mode.
New contract for any of the remaining teams will be negotiated is possible. I bet when FSU and Clemson there will be others leave too.
Exit fee is excessive. Settlement of some kind is coming. No clear time table of the future but 2026 would be their last season if not sooner.
If FSU claims the media deal is invalid after 2027 they will decide that issue before that date.
As a Miami fan, this excites me. I think us and UNC have a spot in the Big Ten, but probably not in the SEC. Obviously, I think FSU and Clemson have spots in either conference, regardless of what any officials from either of the big 2 are saying right now. It will be very interesting to see how all this plays out.
Don’t see either team. More like fsu and Clemson possibly
FSU is outta here.
Go Noles!
Let's Go!
They are not
Wishful thinking for Fsu.
How many times have we been through this Bullwinkle ‘Hey Rocky watch me pull a rabbit out of the hat’ situation where the ACC is seemingly doomed but some counter arguments quickly quash the notion presented here. I am not holding my breath.
Based on my answer below, 2027 deals ends, schools are free to opt out now, give 2 year notice, and pay NO exit fee. Or, break the grant of rights now and pay 2 years of penalties, or about 105 million. But SMU, Stanford and California can immediately opt out as they were not apart of conference in 2021 and in SMU receive no yearly pay. The 1st part is the same deal that OU andvTexas had leaving the big 12, 2 year notice no buyout.
Dude, you have absolutely no idea what was provided to member schools! This is all hype, speculation, and very bad guessing.
I believe that ESPN will opt out of the ACC Network contract in 2025. I believe that the prior ACC Commissioner tried to pull a fast one and never ever thought that someone would bring a lawsuit against the ACC Conference and have access to the ACC contract with ESPN. If I were the judge I would rule completely against everthing the ACC argues as punishment for what the prior commissioner did. Dissolve the ACC to set precedent so something like this will never ever happen again.
You ll be wrong.
I will be right about Clemson and Florida State. I may be incorrect about the ACC dissolving but if the ACC does, the ACC deserves it.
Great succinct synopsis!
Thank you. That was nicely done. I quit clicking on your other site in protest to your dishonest, click-bait titles. I could never find the content that you promised. You could get me back if you will continue to mend your ways and be an honest person and honor your viewers instead of disrespecting them for short term returns.
I hope the ACC stays intact. Coming from a BigXII fan.
At this point, almost zero chance. The league will remain, but as a Group of 7 conference. At least 8 members can go to one of the other P3 Conferences, and once that happens, Notre Dame is gone. The ACC is in deep 💩.
To me the memo to extend is irrelevant as it was without the ACC team votes. FSU, Clemson, and any other teams that desire to leave the ACC should be able to walk for a minimal exit fee and the gain of rights is no longer valid AFTER 2027. However, I'm hoping that a financial settlement is reached prior to 2027 so we can leave this sorry conference. Both the SEC and B1G are saying that there is no interest in FSU but money talks and if we are in the B1G we would be right behind Ohio State and Michigan as far as revenue is concerned. Both the SEC & B1G don't want a lawsuit and will stand back UNTIL we officially leave the ACC. LET MY NOLES GO!
What what. I thought the ACC blew up last week. Sigh. Every video from here and double fries is the same rehash and something big happening next week. I’m out.
Your first time with realignment huh
Please Co-Lab with The Big Mountain! Thar with you and Doug on there would be Epic!!!
But you’ve said for months… “death blow”, “crushing”, “final blow”, etc., etc.. You are the master of click baiting.
I believe the Commissioner DID violate the by-laws. I cannot imagine ANY judge saying that the Commissioner could extend the contract without institution approval, especially if some of those institutions are in states with "sunshine" laws that require transparency. But, I have a clarifying question.....if the Commissioner hastily did this back in 2021 to extend to 2027 and did that without the approval of the members, then wouldn't that mean that the ACC is currently working without a legal or binding contract? I mean, no one from FSU agreed to this extension back in 2021 and we have been a member subject this agreement for 3 years. So, it seems that any and all ACC members could just leave with no penalty as the most recent agreement that all members agreed to was back in 2019. Am I wrong or did I miss something in the story?
The commissioner extended espn’s deadline to opt in for the period 2027-2036. Since he didn’t have the authority to do so, the extension is invalid. Therefore, the contract ends in 2027 (as written).
So what is the "great news" for schools OTHER THAN FSU, Clemson, and any other schools who want (and have better options) to leave the ACC?
It may be great news for those schools with a landing spot, but what about those that don't? As a XII fan, I have been on that side of the fence, and it's not a great place. I hope the ACC can pull it together, but seems doubtful at this point. Time will tell
"Thought exercise" = interesting speculation =/= wild speculation
Too much money involved in the lawsuit for FSU to maintain the status quo. They have shown their hand about what they want to do when they admitted they were attempting to get AAU approval. Only one conference mandates such an honor, not the ACC, the SEC, or the Big 12. Florida State and Notre Dame may be teams 19 and 20 in the BIG.
FSU has been openly perusing AAU membership since Eric Barron was the president. I think these two are incidental.
Well, if the news of the conference collapsing is "great", then yes they are on the brink of great news.
They are not
@@pjtarheel Denial ain't just a river in Egypt.
@@deadeye4520 the denial is coming from everyone who doesn’t seem to be aware that the ACC owns Clemson’s and FSU’s media rights until 2036.
Have you noticed how many people have been saying “any day now” for over a year? It’s really quite funny.
@@pjtarheel You're clueless. The 2036 GOR date is fictional, and that's why the ACC keeps the contract under lock and key. They don't want the member universities knowing the truth. In reality, the REAL end date for the current deal is 2027.
Have you read the contracts? It’s pretty plain that when the espn contract ends the grant of rights expires.
Josh Pate said the other night that there is some huge news right around the corner that he is aware of, but can't comment on. I wonder if all these same haters are flaming his video as well? lmao. Hang in there, TJ, these idiots forget that you've been right on the money on a ton of stuff way before it was reported on a lot of other channels, all the way through this ordeal. They also act like you are making all this up, when you've literally had attorneys on your shows explaining things, multiple times.
Click bait?
As for your question.
The answer is no. The extension is at the discretion of espn exclusively. The revocable language does not mean that the acc or members have the option to revoke. It means that if any of the revocation clause are violated then revocation can occur. Given the original contract term is 2036 then the extending the option was good faith and perfectly fine as described in section 2 of the acc bi laws.
Even then, everyone is missing the point here.
The grant of rights is what matters not the espn contract. It services the espn agreement not the other way around. And it is based exclusively on copyright law. Which means given SCOTUS ex parte young that any case would be in a federal court in deleware. End of story.
The court would evaluate based on fair use doctrine if it didn’t get dismissed beforehand and any school leaving would fail miserably in a fair use copyright evaluation.
As for Phillips extending, again he is granted that authority per acc Bilaws that everyone signed given the term of the contract (2036) didn’t change, the option to extend to completion was simply excercised by espn.
The exact same gor was used by the big 12 and ou and Texas were both forced to pay to leave. This situation is no different. It’s the GOR document that will decide what happens.
Should FSU declare to exit ACC by 2027 before a vote is presented to ACC schools to extend the ESPN contract? If FSU doesn’t declare an exit before ESPN extends and ACC schools approve, will FSU be bound to the extension until 2036?
Great news for who , the ACC Conference or the Schools ?
The funniest part of this video is when you decided to proclaim yourself on same level as Josh Pate and others. 😂
Someone with power needs to step in and end all this alignment crap. Force all the teams back to where they came, and just keep the expanded playoffs and have fun with it. Just add up all the tv contracts and divide them all out equally among the 134 (i think) teams and call it a day.
How is this "great news" for the ACC? It has more or less allowed for all of it mid to high value members to walk out the door in 3 years.
What finger in the wind Josh Pate? No, dont listen to him.
100% here-say. The contracts are all private. You don't know, I don't know.
They were released Thursday 🤜🐊
I think the ACC commissioner is wrong so far, as far as the news and evidence presented. If I was the judge however, I would rule leaning towards the ACC needing to be reformed and their next media deal being OTA again.
So here’s the problem. I think you are conflating the ACC/espn deal with the ACC grant of rights, which runs through 2036. Those are two totally separate things. The ACC could sign a media rights deal with Apple and it wouldn’t change the grant of rights. They are two different contracts. The teams themselves have no contract with espn.
There is no 2/3 vote associated with the espn contract. That’s the grant of rights. Two different things.
Dude you are not LONG WINDED. Those people have SHORT ATTENTION SPANS. Do not worry about them. You speak on topics that must be discussed, not rushed through. Keep doing your videos the same way that you have been doing them.
Green mile ACC!!!
Your conclusions are not necessarily correct. If the Commissioner had apparent authority, he might bind the conference with ESPN, particularly where ESPN can demonstrate detrimental reliance on the commissioner’s actions. There remains a question then whether the conference can be held to the contract with a right of action against and if the conference breaches the contract. The issue then becomes what exposure do the individual schools have for conference liability. They may have none or they may share in that liability contractually. So while they may look healthier vis a vis the suit against the ACC and the GOR, this may still be a question of dollars and cents to leave the ACC where the ACC’s position has become less flexible given potential ongoing liability to ESPN.
So…what was the massive great news?
See you soon Notre Dame! I am inevitable.
Sincerely,
The Big Ten
Now we all can't turn our backs on the OCD community.
😂😂😂😂😂
Every week it's the same bs and nothing happens. Clemson and FSU have no case.
Those 8 schools, plus Louisville.
You said the same garbage 6 days ago and you said this "memo" was dropping this week. You're completely delusional to think Jim Phillips acts unilaterally like this. You guys are so funny
Alledeging Swofford violated by-laws by extending GoRs without a 2/3 vote is a legal Hail Mary.
We up by 14 and it’s a kneel down play.
@CFBAddiction not sure what to make of this reply. Sounds like happy talk
Not a fan but FSU should be allowed to leave immediately. The ACC FAILED to get them into the playoff with an perfect record. That is all anyone needs to know about the ACC.
The ACC will no longer exist in 2017.
I think the argument that Jim Phillips unilaterally extended ESPN’s “opt in” window doesn’t hold much water. If he was acting with “apparent authority” (legal term of art), then a court can’t really do anything about that. What he did would probably binding and valid. Court’s tend give massive amounts of leeway for internal affairs of a corporation. It’s likely there’s no legal recourse for a minor breach of corporate bylaws.
“Minor breach” is the difference between a contract ending in 2027 and 2036. lol, good luck
@@CFBAddiction It’s a weak legal argument fighting over whether Phillips followed ACC bylaws exactly. As long as he was acting with “apparent authority” his unilateral extension will likely be valid. I think FSU is better off attacking the consideration aspect (or lack thereof) of the GOR. Check out a legal article by Mark T. Wilhelm in the Journal of Sports & Entertainment Law called “Irrevocable but Unenforceable? Collegiate Athletic Conferences’ Grant of Rights.” Specifically section 4, letter C entitled “Legal Enforceability of the Grant of Rights.”
This “minor breech” has a value in the billions of dollars. When viewed through that lens it’s not so minor.
@@scotttaranto7870 The breach is minor if Phillips was acting with “apparent authority”, which is a legal term of art that you can’t just brush aside because you don’t understand it. Here is a definition of “apparent authority” from Cornell Law School Legal Information Institute. Agent = Jim Phillips, Principal = ACC Member Schools (Presidents and Chancellors), Third Party = ESPN.
“Apparent authority is the power of an agent to act on behalf of a principal, even though not expressly or impliedly granted. This power arises only if a third party reasonably infers, from the principal's conduct, that the principal granted such power to the agent. The idea of apparent authority protects third parties who would otherwise incur losses if the agent's signature did not bind the principal after reasonable observers thought that it would. Typically, if an agent has apparent authority, the agent's principal will be held liable for the actions of the agent which are within the scope of the apparent authority.
Agency Law
The doctrine of apparent authority comes up often in agency law. In American Soc'y of Mech. Eng'rs v. Hydrolevel, 456 U.S. 566 (1982), the Supreme Court upheld apparent authority as a legitimate doctrine under agency law, holding, "Under general rules of agency law, principals are liable when their agents act with apparent authority . . . An agent who appears to have authority to make statements for his principal gives to his statements the weight of the principal's reputation” -- in this case, the weight of petitioner's acknowledged expertise in boiler safety.
Power of Position
The "power of position" refers to apparent authority that is created by appointing someone to a position which carries recognized duties (i.e. manager or treasurer). In this situation, there will be apparent authority to do the things which are regularly and typically entrusted and expected of someone with the position title. In New York, this principle was explicitly upheld in Pasquarella v. 1525 William St., LLC, 120 A.D.3d 982 (N.Y. App. Div. 2014), when the New York Appellate Division held that the manager of a company has the apparent authority to bind the company to contracts, regardless of whether he has actual authority”
@@ericphipps1285 I'm not sure ESPN can claim apparent authority here. Maybe, but they are a professional sports broadcast company who is familiar with the conference bylaws. It would be interesting to see this litigated but I don't think Cooper or the appeals courts in Florida will let this through. I suspect they will send ESPN to the ACC for violating the explicit limitations of their authority. If it hadn't been specifically stated in the ACC Bylaws that they needed the vote for media contracts it might have been ambiguous enough for what your saying, but I seriously doubt ESPN can get away with claiming they didn't know.
I think there are also issues of fiduciary on the part of the conference to the members. Granting an extension to ESPN and then concealing it from the members was certainly not in their best interests.
Someone didn't get the memo.
Sounds like there is no agreement past 27. Question: can two-thirds of the league legitimize this after-the-fact with a new vote?
Judge would have to decide that. ACC violated bylaws so egregiously there is no expectation of anything.
@@CFBAddiction That is a tricky question. ACC and Phillips no doubt exceeded their authority in a shady manner. The language of the 2/3rds to amend clause will be a key. One side may argue it doesn't ban retroactive changes like that, they other will say it does not authorize them either. I am not familiar enough with contract law to know which is the precedent, but you probably know someone who can answer that....
@@CFBAddictionthey did not.
If what you said is factual, all FSU had to do was announce they were leaving the ACC instead of this public tantrum they're throwing. FSU didn't announce they were leaving after the 2026 season because there's holes in your facts.
Prove it. Everything said is publicly provable
@CFBAddiction take a deep breath and read what I wrote.
You don't try to knock a hole through a wall when an existing door is available! Hence, there's holes in your logic.
This
@@richardoneal1055you might be right IF that's what FSU knew from the beginning. But Why spend all this money and energy if it they already knew it was that simple from the beginning and could be out of the ACC in a couple year? Everyone and their mother understood at the jump that FSU was locked in to the ACC per ESPNs grant of rights and was due to pay half billion $$ for the contract through 2036 in order to leave. A contract that is locked up in NC that can't be seen without explicit permission. There's holes in your logic as well.
@edjrenaline Wrong! FSU and their attorneys had access to the GOR and the ESPN contract with the ACC before any lawsuit was filed.
FSU knew what was in those documents and spent over a million dollars on attorneys to go to North Carolina and read the documents. They didn't announce they were leaving after the 2026 season because there wasn't anything that obvious. Same goes for Clemson.
I prefer when you are "more" long winded. This video was to short
I appreciate it
Matt Baker sucks, TJ. He’s a 🤡.
Oh, Good Grief.
Long winded is fine
Started with, “I’m not going to be long winded”, proceeds to talk forever. You lost us around point number 6.
It was a 5 minute video. Respectfully, if your attention span can't handle that.... then, idk.
@@CFBAddiction fair point. I went back and watched the whole thing. But what are you saying is the “massive great news”?
Have it on the eve of the 15th!😂
We’re full, so don’t try to join the Big 12 please
Why would fsu downgrade to the big 12 lol
FSU or Clemson for that matter doesn't have a truck stop on campus so they are disqualified from the Truck Stop Conference. 🤣
Is it me or are most FSU fans and commentators losing their sense of reality? One could write a book called "The Left Behind" Series.
Im so sick of hearing about this 💩. Just do the damn thing and be done with it so EVERYONE can just move the hell on.🤷🏾
Everything you just said had gaping holes that you left out throughout almost every point you were trying to push through. LOL. That’s why the lawsuits are stuck and will take a while.
ACC is a walking dead man.
Why? They have 16 teams plus ND. Even if they lose 4 teams. They survive. 12 team conference. B
@@teeduck You have your head in the sand.
@@robertkauffman8137 explain please. Where do you expect 17 schools to go. There will be at least 10 teams left.
@@teeduck Becuase, once the top 6 leave, it will be pointless for anyone else to stay. If they do stay. it will be bacause they are basketball schools where the their football is so irrelevant that they have zero options. Then, the TV contract will shrink and the handcuffs to conference will be unrealistic compared to the payoff. The BCS will eventually shut the ACC out. So, anyone with any chance to land somewhere else had better will take it. Some will decide that football just isn't worth D1 status and go FBS. Paying 30 million a year to players and having your TV contract not even cover that amount will help make some of the high education basketball schools rethink football altogether. If you are not a Top 40 or 50 program continuing to pretend you are a big time college football program will become to costly. You will lose your best ACC teams and also your worst. Read the tea leaves. It isn't very hard.
ACC already sucks at football with those two teams even they can't even get in the playoffs undefeated. But if the ACC was smart what they would do when FSU in Clemson gives their buyout the ACC should try to steal UCF West Virginia Kansas TCU or Oklahoma State. But the ACC is not that smart. 🤣😂
I think now that the new NBA contract outlay is realized (at least on ESPN's side), they will focus on shoehorning several ACC schools into the SEC and the Big 12.
Big 12 will likely have Pitt, Syracuse, BC, Louisville and WF.
SEC will obtain FSU, Clemson, UNC, NCST, Duke, UVA, VT, and have Kansas switched over.
That will leave GT, Miami, and ND for the B1G.
ESPN already has ALL the ACC schools. And at a bargain rate. Why on earth would they want to “shoehorn” anyone anywhere?
@@pjtarheel Because that would be the reason why those schools would eventually vote to disband the ACC and just go to whomever is willing to suit their interests.
@@Jasinho10 there’s no way enough schools are going to chose to disband the ACC.
According to commissioner is weak
I think that if the facts are as simple as you understand them to be the parties would not currently be tied up in court. The ACC has high paid lawyers who review and sign off on all contracts of substance. Not sure what law school you attended, but you can bet that licensed attorneys who understand media law did not allow the commissioner to violate conference rules. If they did, then this matter would have settled months ago and the ACC would be collecting on the attorney's malpractice policy limits.
The ACC is a soccer and hockey league. They should stick to what they do best.
Besides BC what schools have hockey?
Click bait. Non-Attorney. Non-expert.
You solved it! Congratulations. It’s too bad all the brilliant attorneys that put all this in place missed those points. Also attorneys from several schools having been scouring the contract for years and didn’t see this? Wow. Just amazed you guys found the loophole
Where did he say that he discovered this? This has been known by the attorneys for a while now, and the info is just now trickling down to the podcasters.
Get to the point - Cease talking around the point
LOL so no!
Already unsubscribed. Still get this nonsense in my feed. Clicked on it by accident, and still as much as a jerk as I remember, especially in the comments, and still using misleading clickbait titles. Guess I gotta block also.
Holy crybaby 😂
Hell, invite Greg Flugar!!
you'll need to get aau accreditation or you're gonna end up in the big 12, son
Welp, considering everyone who has a vote to enter BIG10 also has a vote on who gets AAU, pretty sure those votes can be held at same time. BIG10 makes up large % of voters for AAU
@@CFBAddictionthey still make up a minority percentage if they all vote yes. Steep hill and sec doesn’t want them. Ur gonna need to stay in acc or join big 12
@@CFBAddictionB-I-N-G-O!
I only wish you would follow your own advice to the viewer just once! That you take off your biased glasses…again, just once.
i’m tired of hearing about this please 🙏🏽 leave this subject alone
Hahaha, who is this person who is holding a gun to your head forcing you to watch this? It's not 1960, where this is the only channel your You-Tube will pick up...
And the fact that both the SEC and B1G recently threw cold water on expansion - unless the ACC completely collapses ... unlikely any time soon - tells me that if FSU wants out "now", then a "lateral transfer" to B12 is the play ....
This guy is too emotional to think clearly...kinda like my wife😂😂😂😂
Yep. They're boned.
Who cares. The ACC is an insignificant conference. It's mediocre at best.
The ACC just sent four teams to the College World Series
Also the ACC was 7-5 vs the SEC in football last season
The ACC made the final four in Men's basketball.....along with three of the elite eight
The ACC remains the best path to the College Football Playoff
So if that were all true, why is a decision not been made yet? This is more useless information?
ESPN will re up a new deal 2027.. close to SEC an big 10 deal.. 50-55 mil per team.. the ACC network is profitable.. even if FSU and Clemson choose to leave.. look for 2 big 12 teams to jump to ACC..and most likely Washington St, Oregon St. .. 4 West Coast schools, Smu, Kansas , Texas tech.. possibly Tulane.. Notre Dame affiliate member and the remaining ACC schools.. four for 2 .
The video is a waste of 5 minutes of oxygen. Don’t bother.
The ACC Commish obviously didn’t follow the bylaws to have the requisite authority in fact to extend the agreement so the memo would be seem to be voidable. Notice I said voidable as opposed to void. There is the issue of the apparent authority cloaked in the ACC Commish by virtue of his position. If the Commish holds himself out to have the requisite legal authority to extend the agreement, then an entity with no knowledge of his lack of authority could rely on it. So the real question is”Did ESPN know that the Commish wasn’t so authorized to extend the agreement”? Then add to that the equitable argument that the ACC member schools accepted the payments generated by the contract. Probably short of a compromise resolution, the contract will expire on its own in 2027. At that point it’s a mad rush for the exits. And therein lies the motivation for a compromise resolution sooner.