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<blockquote data-quote="Papa Foxtrot" data-source="post: 987633" data-attributes="member: 4386"><p>The commissioner has a fiduciary responsibility to act in the best interests of the member institutions. If it is proven in court that the commissioner either pushed the conference into contracts that enriched his family members or concealed material facts about the financial stability of the conference, then it's likely that a judge could find that the commissioner had breached this fiduciary responsibility. Once that is established, it's not a very big leap for the judge to release plaintiffs from their contractual obligations.</p><p>It should be noted that public statements by attorneys are not required to be(and often aren't) truthful, but if these two are, then they are ticking time bombs that could blow up the ACC and I would predict that there is no way the ACC lets this go to trial. Best case scenario is that they cut a deal with F$U for a reduced exit fee. Worst case, if this goes to trial and the above comes to pass, then the ACC is finished. With the precedent set, disgruntled member institution attorneys will be lined up on the courthouse steps with "me too" briefs...</p><p>Lots of "ifs" in the above, but until I read this, I was sure that the lawsuit was just more PR bluster from the Noles. These two items could be real trouble for the ACC.</p></blockquote><p></p>
[QUOTE="Papa Foxtrot, post: 987633, member: 4386"] The commissioner has a fiduciary responsibility to act in the best interests of the member institutions. If it is proven in court that the commissioner either pushed the conference into contracts that enriched his family members or concealed material facts about the financial stability of the conference, then it's likely that a judge could find that the commissioner had breached this fiduciary responsibility. Once that is established, it's not a very big leap for the judge to release plaintiffs from their contractual obligations. It should be noted that public statements by attorneys are not required to be(and often aren't) truthful, but if these two are, then they are ticking time bombs that could blow up the ACC and I would predict that there is no way the ACC lets this go to trial. Best case scenario is that they cut a deal with F$U for a reduced exit fee. Worst case, if this goes to trial and the above comes to pass, then the ACC is finished. With the precedent set, disgruntled member institution attorneys will be lined up on the courthouse steps with "me too" briefs... Lots of "ifs" in the above, but until I read this, I was sure that the lawsuit was just more PR bluster from the Noles. These two items could be real trouble for the ACC. [/QUOTE]
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