Conference Realignment

[CuseJacket]

Keep in mind this is from an FSU board. Not sure of the viability of the legal argument.

Mars tweeted on Friday that the ACC Grant of Rights does not contain a “choice of law” provision, which would theoretically allow Florida law to apply to a dispute over Florida State. A “choice of law” provision would normally spell out the jurisdiction for legal disputes and which state laws governing a contract among multiple parties in different jurisdictions — they’re a fairly common provision.

Without that governing provision, the Florida state legislature could get involved in a matter before the Florida courts and shield the school from liability.

 

[BilldGopher]

Now The Athletic joins in...behind a paywall but you can get the gist...

 

[stech81]

I guess I'm the only one sick of all this crap. They are going to the big 10, no they are going to stay in the Pac10. But these 3 are leaving the Pac10 to go to the Big 12, the PAC10 is dead no the Pac 10 will work something out with the ACC.

And if I was the ACC commissioner, I would tell FSU to shut the F*** up or if you keep talking, I'm going to fine you $20 million send it to the other ACC teams having to listen to you.

 

[travgt01]

The way I see it if there are 8 teams that are willing/wanting to leave the ACC they need to convince the BIG and the SEC to take 4 each. The ACC teams can then go about breaking the GOR. Outside of that scenario the ACC schools are either staying in the ACC for the foreseeable future or bankrupting their Athletic Departments to go elsewhere.

I don't see a way that 8 ACC teams come together or the SEC or BIG giving them a lifeline. So, here we are and here we will stay.

The ACC should be putting the pressure on ND to become a full member or cutting them out of the equation all together. Who is ND going to play at this point? The SEC and the BIG are so large now that they don't have the need to schedule difficult out of conference games for strength of schedule and they certainly don't need the revenue from a game with ND.

ND is a lost cause. We had them by the balls during covid, and let them go. We could be sitting pretty like the b10 and sec if acc "leadership" hadn't f'd that up.

 

[Vespidae]

Keep in mind this is from an FSU board. Not sure of the viability of the legal argument.

And who would ever trust FSU again? Nuclear option.

 

[TooTall]

I don't like the direction things are going but am interested to watch it play out. How does a PE firm chime in on hiring/ firing coaches?

Are they getting loan information for 1/2 Billion? or 20mil+ each year for the next 13 years (or whenever the GOR dispute is resolved?)

 

[roadkill]

This doesn't fit the SEC's previous model of expansion. With the exception of Texas (and FSU and Clemson ain't UT), they've always expanded into new markets. I don't know about South Carolina but I lived in Florida for several years and UF dominates that state in terms of fan and media interest, and it doesn't matter big FSU or Miami win.

You must not have lived in Tally as I did.
UF may get the most media coverage for the state as a whole, but FSU fandom is very strong in the northern part, and into south Georgia.

 

[57jacket]

The way I see it if there are 8 teams that are willing/wanting to leave the ACC they need to convince the BIG and the SEC to take 4 each. The ACC teams can then go about breaking the GOR. Outside of that scenario the ACC schools are either staying in the ACC for the foreseeable future or bankrupting their Athletic Departments to go elsewhere.

I don't see a way that 8 ACC teams come together or the SEC or BIG giving them a lifeline. So, here we are and here we will stay.

The ACC should be putting the pressure on ND to become a full member or cutting them out of the equation all together. Who is ND going to play at this point? The SEC and the BIG are so large now that they don't have the need to schedule difficult out of conference games for strength of schedule and they certainly don't need the revenue from a game with ND.

Notre Dame would really be the stabilizing factor for the ACC. I know, I know, they now have a shot at playoff with expanded format... blah blah ..So give them 2 shares. Let them keep their current TV deal. Whatever it takes. Do it!

 

[roadkill]

And who would ever trust FSU again? Nuclear option.

Not only that, but (and I'm not an attorney) it appears the legal strategy cited is to protect FSU from being sued. That might help them get around not paying the exit fee, but the ACC still gets the revenue from their games via the GoR and ESPN contract. So the ACC doesn't need to sue FSU to protect its revenue stream. Unless I'm missing something.

 

[cpf2001]

Non-lawyer question: so what’s the sequence of events here?

FSU says “bye”

ACC sues? Or maybe ACC doesn’t sue at first until FSU is in a new conference?

Presumably the ACC would file their suit in not-Florida - like, maybe NC - would North Carolina judges have to move the venue to FL in order for the FL legislature to play shenanigans?

Or would FSU sue first to file in FL to try to invalidate?

Could ACC sue SEC afterwards, in non-FL court to try to enforce the agreement as valid outside of FL since ESPN and the conferences aren’t based in FL?

Seems very “internet cute” as a plan but I’m not a lawyer.

 

[slugboy]

And who would ever trust FSU again? Nuclear option.

If you’re Fox or Apple or ESPN or CBS, how can you enter an agreement with FSU knowing you have no legal recourse if they choose not to honor their commitments?

Maybe the SEC might want them, but the business risk for any corporation working with them goes through the roof

 

[Vespidae]

Non-lawyer question: so what’s the sequence of events here?

FSU says “bye”

ACC sues? Or maybe ACC doesn’t sue at first until FSU is in a new conference?

Presumably the ACC would file their suit in not-Florida - like, maybe NC - would North Carolina judges have to move the venue to FL in order for the FL legislature to play shenanigans?

Or would FSU sue first to file in FL to try to invalidate?

Could ACC sue SEC afterwards, in non-FL court to try to enforce the agreement as valid outside of FL since ESPN and the conferences aren’t based in FL?

Seems very “internet cute” as a plan but I’m not a lawyer.

There’s no reason for the ACC to sue unless FSU states their intention to refuse to comply.

 

[roadkill]

Non-lawyer question: so what’s the sequence of events here?

FSU says “bye”

ACC sues? Or maybe ACC doesn’t sue at first until FSU is in a new conference?

Presumably the ACC would file their suit in not-Florida - like, maybe NC - would North Carolina judges have to move the venue to FL in order for the FL legislature to play shenanigans?

Or would FSU sue first to file in FL to try to invalidate?

Could ACC sue SEC afterwards, in non-FL court to try to enforce the agreement as valid outside of FL since ESPN and the conferences aren’t based in FL?

Seems very “internet cute” as a plan but I’m not a lawyer.

To a non-lawyer, you appear to make some valid points.
I am working under the assumption that if FSU leaves, either to another conference or independent, in the absence of litigation, the GoR means ACC still gets revenue from FSU home games. ACC wins, FSU loses.
So why would ACC sue? The only reason I can think of is if FSU fails to pay their exit fee.
I agree that this suit would unlikely to be filed in Florida.
Now, FSU could sue the ACC to negotiate their exit fee. There is a precedent with Maryland, where they ended up paying a reduced amount, but it was still substantial. I also believe that Maryland leaving was the impetus for the GoR, to give the conference additional leverage to retain its membership.

 

[a5ehren]

Keep in mind this is from an FSU board. Not sure of the viability of the legal argument.

Mars is not a competent lawyer, just likes people saying his name out loud. A real lawyer pointed out that FL explicitly carves out breach of contract from their sovereign immunity laws, else no one would ever do business with them.

 

[a5ehren]

There’s no reason for the ACC to sue unless FSU states their intention to refuse to comply.

Which they are already saying. They have zero value to another conference with the GOR attached.

 

[Vespidae]

Mars is not a competent lawyer, just likes people saying his name out loud. A real lawyer pointed out that FL explicitly carves out breach of contract from their sovereign immunity laws, else no one would ever do business with them.

Correct me if I am wrong, but FSU athletics run by a non-state institution, the FSU Athletic Association.

 

[Oldgoldandwhite]

Seems like an Ambrose Bierce day

View attachment 14542

To be positive is to be mistaken at the top of one's voice.

Ambrose Bierce

The hardest tumble a man can make is to fall over his own bluff.

Ambrose Bierce

Fidelity - a virtue peculiar to those who are about to be betrayed.

Ambrose Bierce

Now that’s a name I haven’t heard in a long, long time.

 

[travgt01]

 

[Oldgoldandwhite]

I’d tell FSU bye, and see you in court. Now go find a landing spot. Good luck.

 

[Vespidae]

I call bull****. There’s somewhat of a tacit agreement that whoever poaches, has to take ALL the Carolina teams. I don’t see that happening.