ACC Lawyer’s Argument Just BACKFIRED on THEM | Clemson | FSU | Conference Realignment | BIG10 | SEC
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- Опубликовано: 19 мар 2024
- With Clemson's filing against the ACC yesterday, many are missing this VITAL piece of the argument that PROVES the ACC is wrong. We discuss today!
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The thing the ACC doesn't want to say is "Contracts are legally severed every day". Nothing is "iron clad".
Well you go ahead and start breaking your contracts and see how that works out!
@@jmath1978Oh, jeez! You should take a minute to look up how many businesses and major corporations have terminated contracts and negotiated a settlement. This is just business, nothing personal. But it is to you for some reason.
Hasn’t the ACC already severed the contract when the commissioner failed you follow the bylaws and instead of getting the best deal for the schools, got deal best deal for himself and his son?
@@505premotoyou have to excuse him, his money train is about to end lol. He’s just salty and emotional.
That's true - contracts are often broken - but there js always a price for breaking contracts. Sometimes it's an actual dollar price and other times it's only reputational damage. In this case there will be a dollar price. It won't be the full amount ($120 million plus the entire value of their media rights through 2036), but it won't be zero either. Clemson, FSU and every other school that wants to leave will fight it out in court for a few months, and then eventually they'll negotiate a settlement where they pay some sort of reduced exit fee.
UNC fan here. ACC is dirty to the core.
Clemson let the acc show its hand. I would not be suprised if this was the plan with fsu and clemson all along is to see how the acc would handle things and see if they would hang themselves.
agree 100%
The ACC didnt hang themselves Clemson and FSU did because they sign contracts no matter how evil or unjust it is. Those programs will have to pay the maximum to get out and end in conference that they are not particularly fond of. But lets say that the courts let these 2 programs win it will set a very bad example on how to break contracts and no conferences are safe. I wouldn't be surprised if they stayed for lack of interest!
@@SteveChappell72Im about 97% sure that if FSU and Clemson leave the ACC they will forever be irrelevant in football those crybabies are mad at something they agreed on.
Absolutely
@@jmath1978Clemson and FSU are just shedding the leaches. Proving fraud on the part of the ACC or proving a poorly written GOR does not harm the GOR or other conferences.
I not an attorney however, I think this defines the ACC contract - An unconscionable contract is a contract that is so severely one-sided and unfair to one of the parties that it is deemed unenforceable under the law. Unconscionability in contract law means that the contract is one that leaves one of the parties with no real, meaningful choice, typically due to significant differences in bargaining power between the parties to the contract. One of the main characteristics of unconscionable contracts is that one of the parties signed the contract in a situation that involved pressure, lack of information, or because they were misled.
State of Florida Lawmakers need to get more involved. ESPN/Disney need to be exposed. Florida Sunshine Laws. !!!!!!
Absolutely. Let’s go Desantis
@@CFBAddictionlololololol desantis is the biggest fraud. Keep politics out of sports.
Yes how dare they give colleges more money for their valuable sports rights............the bastards.
The shocking part to me is that ESPN has in their contract the right opt put of this entire deal and effectively destroy the ACC after two more seasons, and all they have to do is notify the ACC of this by next February. This fact became known as a result of the FSU lawsuit and if the ACC did not disclose this fact to the member schools when they signed the contract, that is probably a breach of their fiduciary duties to the schools, and could very well be used by the schools as legal grounds to have their grant of rights agreement voided by the courts.
why is that shocking? to me, it's evidence that this P2/CFP plan and the downgrading of all the other conferences was years in the making
I think when I subscribed you were at about 400 or500 subscribers. You are adding subscribers at a good rate keep up the good work thanks for sharing. It will work out for Clemson and Florida State I think I mentioned it to you earlier I am concerned for the schools not at the top of the list.
Greed is killing college sports
I agree but it wont stop what’s coming.
But who's really the bad guy? Florida St & Clemson, the conferences, the NCAA, or ESPN/Fox?
If sports are following the greed, then who are the good guys?
Who's watching the games the networks broadcast? The people!
This capitalism, if it’s good enough for corporate America, than it should be good enough for college sports
This just in from 1887…
And 1907…
And 1934…
And 1956…
And 1971…
And 1986…
And 1992…
And 1998…
And 2010…
And 2016…
Meanwhile we all wring our hands, faint on our couches, and presume everybody was so much holier in times gone by.
If anything, we’re way better off now. At least we’re not lying about paying top kids to retain their valuable services.
We should have told Swofford and the ACC to go pound sand years ago. Any Clemson fan that has been around since the 70's knows that Clemson has no love (and why) for Swofford before he was the ACC commish, much less afterward. One reason I think that we had to wait vs FSU moving forward quicker is money. I think the "pool" of money that Clemson can throw at this is a fraction of what FSU can towards legal costs. The lead counsel (David Dukes) for Clemson's suit is on our Board of Trustees, so he understands intimately where we needed to be in this process and why we needed to be more exact in our filing. Pure speculation there on the lawsuit part, but the part about how the older Clemson fans/alum feel about Swofford and the ACC is fact.
Who the hell would back the ACC? Clemson should have left a long time ago.
They are a founding member and have been loyal up until now.
As a Clemson fan, I have been for them leaving for a very long time. After seeing them play on Raycom Sports for years, I knew being in the ACC wasn't the best for them. @@deadeye4520
FSU should have never joined back in 1992 , all these shenanigans for a tech lab and to be looked upon as a great academic institution
Clemson wouldn’t have even started this process yet unless they’ve already talked to someone in the SEC or BIG about a potential landing spot. I hate all of this. College football was perfect just a few years ago. I’m a 47 year old life long Clemson fan. I’ve always loved the ACC. Some of the greatest athletes ever in different sports have come out of the ACC over the years.
I agree if the ACC kicked out Clemson and Florida State and tried to keep the GOR they could break it. As it currently stands, they cannot break it. The only way it gets broken is if ESPN does. In a nutshell,do Florida State and Clemson create enough compelling matchups in the SEC to make it worth ESPN, giving them 40 to 50 million extra dollars a year? The only way this contract blows up is if ESPN does it. It's that simple. Just because Clemson and Florida State were convinced by some prestigious law firm that they could beat, this doesn't mean they can. Either way the lawyers get paid.
Yep read that in the bylaws this morning. Idk if they publicly said it but it is clearly written in the constitution and bylaws of acc.
maybe tobacco road didn't get the memo but indentured servitude was abolished after the civil war
I have a couple questions. It's my understanding that Swafford wouldn't allow the ACC network in Charlotte where the SEC and ESPNU are located. Seems short sighted, since all media companies have reduced personnel. Don't know if that is true. The other thing is that Charlotte (attys, city council, staff) must have never read any sports boards to see that at least FSU and Clemson were wanting out of the ACC before they moved HQ to Charlotte.
I mean all these teams/schools sign that contract after having their lawyers review it. They also touted doing so. Can’t cry about it now.
It will be interesting to see if UNC is the next to sue the ACC to leave. Miami after that? Then it will be a matter of exit fees. Logic would say any official plans to exit for these 2-4 schools will be finalized before July 1st when Calford & SMU join.
Oh they will be it's open court public down here
Well played Clemson...well played
What were the details when Maryland left?
ESPN will likely end their agreement with the ACC in 2025 if they want to move Clemson or any other current ACC team into the SEC.
Wondering what UNC is going to spring on the ACC after what Clemson and Florida State has done
My guess is right after April 11
The ACC will collapse unless they restructure their deals with member teams. However, I think several teams still want out.
My financial adviser said he is a fiduciary. He!' He! Tobacco Road!
The ACC must have hired SEC lawyers!
😄
The SEC has a vested interest in keeping FSU/Clemson in the ACC. This conference does a great job of protecting SEC teams from getting exposed!
Reports are stating that UNC and NC ST most likely to join forces together to file suit to exit ACC as UNC was waiting on FSU and CLEMSON according to 247 sports
Carolina and NCSU aren't so much joining forces as simply being joined at the hip. Neither can truly act unilaterally without the other due to the whole UNC system being ruled by the Board of Governors. With that said, yes, there are rumblings. And, if Carolina did file a suit, it would all but be the death nail to the ACC because of what it would represent. FSU and Clemson are obviously bigger brands in football, but Carolina is the bigger brand overall in the eyes of most ACC purists. The mere optics of Carolina suing would make it all but impossible for the ACC to recover from.
This is a long time coming, Clemson is and for the most part always was an outsider in the ACC and it appears they have hired some good legal advice to craft a well planned approach to exit the conference. I hope Clemson makes the right choice for the school and athletics moving forward, furthermore, Clemson has the opportunity to join one of the 2 elite conferences. However, they need to find a relationship which will enhance their brand and be mutually beneficial to both parties. In my opinion, the best choice is not the most obvious one. About the conference, the ACC has brought this on themselves, through trying to protect the core schools and in the end it will bring the demise of the league as we know it, remember, the Big East? Additionally, if/when Clemson and Florida State leave, more than likely one of the core North Carolina schools will leave too, if this plays out the ACC will be the league that caused it's own self destruction. At this point the ACC needs to look to minimize the damages. Lastly, if any school planning to leave you need to get out in front and do the best you can to secure a spot in another league. It is possible that between both the SEC and Big ten they would only take on 4 new members. If you don't have a national title in a revenue sport that most likely leaves you out.
No team has been treated like a outsider more than FSU , ACC didn’t even fight for there brand to be in that college invitational early this year
@@Almighty5-ww1klClemson & FSU are both treated like trash by the ACC. ACC only cares about the 4 North Carolina schools.
@@Almighty5-ww1klthat's because the ACC "leadership" are working for ESPN not their member schools
Is this going to be enough ? Hope it is.
Who would ever sign a contract like that?
The ACC has always bowed down to tobacco road, particularly in basketball.
the ACC lawers must have gone to SEC schools
As a lawyer, of course inconsistent legal arguments can be made, even in the very same case. Notwithstanding that, courts will look at what other courts do, even in a different state. Not binding for sure, but can be persuasive.
Inconsistent factual arguments are not legit, but conflicting legal arguments to get to the same point, are fine.
I didn’t see where you showed that wording so it sounds like they are just pulling bits and pieces from here and there, taking it out of context.
Check out FSU's record against the B1G
Wow 😮
That it is biased how you can control somebody and you is not giving them any service that is extortion
Clemson & North Carolina to the SEC!!!
unccheat needs to get a decent FB program before the go to the SEC
Last 30 years Clemson and FSU have 5 national championships. Clemson has 6 playoff berths. Without them the conference is a mid-major.
The Big Ten has nine teams that they could send down to Clemson and FSU until 2036 that would make the ACC cry. The SEC has 8-9 teams that could make the ACC cry until 2036. Once they leave the ACC, there’s nothing that says they can’t join the SEC or Big Ten with all their big games being away games until the ACC contract runs out. The more that people begin to sympathize with Clemson and FSU, the more the leading conferences would be willing to play dirty with the ACC. I don’t really see this as being necessary because I think the ACC will settle or get nothing as their top teams leave.
Hayl shure know how to show your ass's..hey acc you hired swaferd now all of you to loose your heads.
Not sure why this hasn't been reported but *the ACC's countersuit to FSU's suit goes to court in NC this Friday.*
It may answer many of Clemson's questions, which makes the timing of their suit uniquely head-scratching, if nothing else. 🤔
This Friday lawsuit answers might have nothing to do with a Clemson , these are 2 different fights , ACC better hope another school doesn’t file lawsuits , ACC has to pony up on paying for lawyers in both Florida and South Carolina and now needs a double set of lawyers in North Carolina
@@Almighty5-ww1kl I agree, that's why I said "may," to be fair. We're gonna miss FSU though. Cheers.
Can ACC keep some sports, say women's volleyball, basketball, etc. while losing/dropping football?
They could, in theory. The problem is that all of their core schools play D1 FBS football. Where would Wake, Syracuse, Pitt, etc put those programs?
The "new" Big East is the only major conference that makes that work only because UConn is independent (and awful), and none of their other schools play FBS football.
@@RogerBates7 Thanks. Pitt alum w/2 degrees from Pitt here. Perhaps returning to independent football would work. Pitt had good rivalries decades ago: PSU, WVA, ND and they were good games. Not sure Pitt recruits now to do that again. No J. Majors or J. Sherrill. But, potential could be there. Your thoughts. Not seeking arguments - just options given push for realignment driven by ESPN contract(s).
Thanks.
@@TC-ti2srMaybe the biggest problem going independent is that you lose the big, guaranteed TV revenue.
How did they determine FSU and Clemson media rights are worth 500 million each when the entire ACC is only getting 30 million/year from ESPN. What am I missing?
Amount times number of years until 2036. Only problem with their logic is the deal with ESPN (the media deal the grant of rights services) is guaranteed until 2027 currently. Clemsons interpretation is the GOR doesn’t exist once you leave the conference.
Sounds like it is divorce time.
Clemson and fl st are going to be in the sec in the next 2/3 years
Hope not. Not after "The Snub".
All the acc schools should join in the deal is a joke
Clenson signed. Deal with it or dont sign. Ez. Fsu n clemson will pay to leave. Lots of money. You domt get to sign and then say i dont like it anymore. Duh. This is so rediculous
No youre definitely not a lawyer. 😮
Never claimed to be old chap! 🐬🦧
Greed is good... Gordon gecko
Jason why do you keep saying if EITHER FSU or Clemson win the ACC is in trouble regarding the ability of all teams to leave? So far my understanding is that FSU is arguing points that are unique to it alone. IOW, if Clemson wins the door is open for all to leave but if FSU wins it depends on the grounds on which they won whether the door is open for anyone else to leave.
Precedent. Almost every point of contention that is being brought up by both schools relates to the agreement between the schools and the conference. If any fault is found in those agreements, then that applies to all who sign them, including the other members.
If it comes down to an agreement for a settlement, then binding precedent would say that every other school has the right to leave by paying that amount.
as i read fsu's filings, their complaints mostly relate to all of the ACC schools. they just spoke up first once they were sure they could afford to leave, win or lose
If either Clemson or FSU leave, ESPN will most likely destroy the conference because the teams left do not justify a 30 million per team payout
Perceptions seem to be everything in college football. There are good programs that are going to be destroyed by this. Don’t be so gleeful. College football will never reach the honesty in pro football. Fact.
Why don’t you leave well enough alone??? There’s no reason to leave a Conference you can win, to join a Conference you can’t.
Money
I’m a Miami fan and to be honest we are bitching and complaining but nobody forced our schools to sign the contracts tho !
The good news is no one cares about Clemson anymore....
Irrelevant. No one has been voted out.
How doing accmedia rights blowmind😊
Pay the money and go. Clemson will not win another NC in FB for 25 years. If you live that long, remember what I just said…..
If you are a fan of an ACC school not named Clemson or FSU, then your team will never win a national championship.
Once the so called colleges are divided between the minor league FB schools like Clemson and the Student/Athlete schools like Stanford, the chances of winning a NC takes on a completely new perspective. Not to mention an entirely new way to rate the academic prowess of colleges as we know it currently. Money will have most likely destroyed college sports as we know it. Sad. Selling one’s soul has never been easier. Those other schools hopefully will enjoy the game. Many who leave for the money will receive the money but will not see a NC for decades. Clemson will be in that group. They will have company. Lots of company.
The SWAT for family is evil anyway
FSU's suit (& its purpose) is simply *not the same* as Clemson's.
FSU wants out of the ACC & will not accept anything less because of an emotional rage response they can't take back. That's fine.
It's simply not the same as a Clemson program that *the ACC has worked with as uniquely in all of sports* to do things like shatter the all-time record for seasons without a bye-week opponent (including this year where all teams have *at least* two bye-weeks, which is sincerely impressive) for just one example of the ACC working with Clemson in a way FSU deliberately did the opposite of throughout the entirety of the era.
Clemson *may* leave, or they may help change the future of multiple conferences outright (you know, *like they literally did the last time they said they were leaving the ACC* & instead renegotiated & found unprecedented success including multiple national championships & first-round draft picks). 💯
🤣, I’m hearting only because you took the time to type all that. Not because I believe any of it.
fsu's "emotional rage response" was a couple of years in the making
@@followthemoneyhoney The suit was in the works for years? I'm not sure it's a coincidence they filed the suit just 9 days after the national championship snub, notably with the insults, allegations & spelling errors in the suit itself is all, know what I mean?
The ACC isn't evil for allowing Clemson and FSU to sign a contract.
It isn't a logical argument. It's a stipulation within a contract that Clemson and Florida state signed twice.
There enough in there to get out
😂you don’t understand
@@Almighty5-ww1kl they already know the exit fee and the penalty afterwards, so why are they suing. Because they cant find someone to pay that contractual amount for them. If they could pay they'd be gone already. They are suing to try to reduce or at least negotiate a fully defined amount. Then where's the landing spot. And if someone else pays them you need a plan to get them they're money back.
@@hcopenhagenh I don't understand or almighty?
@@nathansavage5614 to be a valid contract, both sides have to hold up their end of the bargain regardless of signatures. If you sign a contract to put on a new roof and the contractor only finishes 3/4 are you ok with that? This is what FSU is claiming. Again, you don't understand contract law.
All of this drama with the ACC needs to stop and let the teams stay where they are!!!
We all know that isn’t happening. Not unless the ACC could magically pony up SEC or B1G money for Clemson and FSU.
And let the teams go broke, sure am glad you not in charge
This guy talks about how evil the ACC is but the most evil are the Big 10 and SEC! And I dont believe that FSU and Clemson get out without paying the maximum fee! And who would pick them up that they would want to go to?
Good thing for the schools that your opinion doesn't mean anything
I’d love to bet with you that neither pay the maximum. It’ll likely be settled…but the ACC isn’t getting every penny they think they are down on Tobacco Road and Charlotte
@@williamburns7580just let him clutch those pearls for a few months longer before reality hits.
The ACC is used to taking the big L and settling for less. They settle for less media money. They settle for less playoff money. They will settle for less on exit costs and they will like it. It is their destiny
Fairly certain Clemson and FSU will both get out of the ACC for less than the maximum and both will get into either Big 10 or SEC because they both bring big value to the TV contract.
This pro FSU propaganda channel is funny
Funny like your face
@@BReal-lw3ttwell said.
I strongly believe this is the worst situation for the ACC. They should’ve tried to get a deal done just Like the big 12 did with Texas and Oklahoma. It looks like the whole conference might be able to leave free of charge, especially when the TV contract ends with ESPN and two years.
Good big ten should get Stanford cal duke Miami etc. the football schools should like fsu Clemson unc Louisville should Go to sec. Big 12 can have whatever leftovers
Big 10 is only taking two schools. 😉
@@DavidM442 I keep on hearing this fake rumor that they’re only gonna take two or three schools that makes no sense. Their playoffs with the SEC would look horrendous. Everybody knows they’re going to get closer to 50 schools in total for these two power conferences. I expect a lot of the smaller schools to join even a couple of schools from the big 12 might join we still got until 2030 to watch the two power conferences finally create their own playoffs
@@alexa7736 yeah idk what he’s talking about. They’ll take Stanford and call automatically, they’ll probably get notre dame for the other sports, and then they’ll take the academic schools. It’s obvious. Sec will get fsu Clemson and unc guaranteed, and then whoever else they’d like.
@@alexa7736 like they really think the big ten will just watch them expand and be like “yeah I’m comfortable in my status let the sec win” 💀💀