Hey guys! I love this episode! Great job getting Doug Rohan on the show! Doug's been very informative about this ACC/FSU case. I like how Doug breaks down these points from a legal perspective. I look forward to future discussions with guests! 👍🏈
This is the best ACC lawsuit breakdown episode I’ve seen on any channel. Outstanding job! One of the biggest points that is not discussed enough is the effect of sunshine state laws on a settlement. The sharks are circling the ACC and this makes it very difficult for the ACC to settle, knowing that they would give an easy out to all of the most valuable members. Just makes me think these dueling court cases could have much bigger fireworks in the next few months.
If I may add a point of clarification, the attorney stated that he thought that a settlement would be announced after the August 15th deadline. The reason that that date is important is that means that FSU would have to play not just the 2024 season in the ACC but the 2025 season as well. The parties are giving each other something of value. FSU is getting their release on favorable terms in exchange for playing an extra year.
Not necessarily. If Clemson and FSU announces they will leave the ACC by June 30 they will play in a new league regardless of when the case is settled.
Something that has been majorly underreported during this case. Sankey/Pettite have met in person 5 times in the last 3 months. They are negotiating and coordinating conference expansion and the future of the leagues right now. It’s probably safe to say they already have a general framework on who will be in what conferences that will satisfy both sides. If that’s the case this will be much bigger than a weak ACC or B12. Start thinking outside the box
Would've like to hear him discuss the gor language (only rights "required to fulfill espn agreement obligations") and how that ties into FSU and Clemson's claims of the espn agreement only being for "member/conference institutions" Would've liked to have him discuss the 2021 espn amendment that Jim Phillips signed, if that was legal per acc bylaws, what it means if it wasn't legal, and whether the gor needs to be amended to include that espn amendment ======== What you all discussed was fine. But it was more of a recap for those of us who have been following this closely. Maybe you can do a pt 2 with him at some point, or a different lawyer, to discuss those other arguments
Like all "legal' issues, it's really a financial issue. Who wants to fight the most (expensively) is the key question. The "legalities" merely define how expensive it will be for a given side...
Always enjoy watching your episodes and also watching Doug’s commentary on the various RU-vid shows. He and I have a great discussions. What I do disagree with him on is that this is a contract case. FSU hasn’t signed a contract. There’s no contract with ESPN or the ACC. They signed a GOR which is a trademark agreement which falls under an intellectual property designation I think that’s the direction Judge Cooper is going as well. We shall see. Thanks again
If this case is an intellectual property one then the ACC has tons of case law that show that FSU doesn't have a leg to stand on. They own the rights to the property.
@@elliottcrews4997 .. Not in this case. The ACC won’t legally be able to retain the rights of FSU once they are a former member of the conference. Because FSU won’t be receiving consideration. The courts won’t let that stand. The GOR will get resolved by the courts in that circumstance. A monetary buyout will be determined. The ACC lawyers were reluctantly alluding to that in court last week. They wouldn’t fully explain it to the judge on the likely outcome, they were just promoting what the ACC‘s desired outcome would be
@@elliottcrews4997 That is not how it works. One question among many is what exactly did they sign away? The GOR says basically they signed the rights till 2036 needed to' fulfill the ESPN ' contract referenced. That contract appears to have no obligation once the team withdraws from thenACC or if the contract ends. There are many issues to litigate here.
@@jonathandavis8260 If I sign a contract to record 3 albums with Columbia and in the process I sell my publishing rights to the music I write from now to 2036 to Columbia, they retain the rights to everything I publish even after I've given them 3 albums. It seemed like a good idea at the time, no so much now, but binding none the less. I'm free to sign with RCA and I'll make money for album sales, but publishing rights go the the holder of those rights, Columbia.
@@nole74 That interpretation of the GORs is a stretch. You will have to turn your head all which aways and really strain your eyes to see it like that. But it's an argument. Would you be willing to bet staying in the ACC until 2036 on that leg you're standing on? There is a lot at stake.
Big Mountain, I really appreciate your work and the effort you put into trying to stay neutral in this case, please feel free to get a ACC fan on if you can find one. I doubt that even the most understanding FSU / SEC fan would ever chant S-E-C and never chant A-C-C
I'd like to suggest that you reach out to David McKinzie of the McKinzie Law Firm in Raleigh NC for some additional perspective. He has spoken on the subject in some detail on the Ovius & Gulilio podcast and on other forums. He is an intellectual property attorney.
McKinzie is an idiot and is in his feelings most of the time. McKinzie was the lawyer who said venue doesnt matter. and now he's saying the opposite. He looks at it from a intellectual property POV. Doug Rohan clearly broke down why thats not the case, its a contract law case on the surface.
@@trick7884 So you fear hearing what a non-FSU fan who is an attorney that specializes in intellectual property has to say about the cases? Wouldn't you like to hear why he sees it that way? But it should be pointed out that McKinzie was the first I heard bring up the point that if there are dueling cases in Fla, and NC the first to conclude would establish the case law that others would have to adhere to, a point that Rohan made on this video.
Guys, discovered your You Tube channel about six months ago. I'm a huge Seminole fan and just loved following college football all my life. Your coverage of my beloved Seminoles has been current and fair. Having Doug on your show was timely and relevant, keep up the good work........"GO NOLES" 🍢🏈
Judge nc is trying to use leiman knowledge. But leiman knowledge isn't the law.l Leiman doesn't treat student athletes like regular athletes cause for obvious reasons. Law says that's against the law and can't keep someone from doing it. We now have portal. Law> leiman
I’d love to see the ACC go bankrupt. With FSU, Clemson and the state of Florida suing, no way the reserves can handle all this and in multiple states. Free FSU!!!
One huge factor ignored by these guys is the fact that this is not the Full ACC versus Florida State. Half the ACC wants to lose this case....UVa, UNC, NCSU, Miami, Clemson.....in addition to FSU. No legalities will stop that kind of capitulation. It's WHY the ACC didn't fight for Florida State in the playoffs.....FSU is going to "win" this issue for this reason, period.
At least 10 members voted to bring suit against FSU and Clemson so no, half the membership doesn't want the conference to lose the case. How exactly was the ACC suppose to "fight for Florida State in the playoffs"? You do realize that the financial reward for the conference would be great had they made the playoff. The ACC wanted them in, even though they continued to bad mouth fellow members and the conference. Public displays of outrage and media blitz tactics just isn't the conference's style, and is obviously one of the ways that FSU and the ACC aren't a good fit. So once this separation is complete everyone will be better off.
@@elliottcrews4997 vote was held after the suit was already filed, seems like the other schools are trying to “save face” until they file their own suits. I think when he said the ACC didnt fight for FSU its obvious what he means. The Media was circulating rumors about the possibility of the SEC or maybe an undefeated FSU being left out of the CFP and when those rumors were flying the SEC’s leadership went on TV and fought for their conference. ACC leadership said nothing until after the decision was announced.
Side note. As great as FSU’s defense was last year Alabama’s was better. Alabama has a minimum of 3 defensive players going in the 1st round of this years NFL draft. FSU only has 1. Alabama had several more future 1st rounders on defense too, like Caleb Downs. Leaving out Bama’s defense from the playoff would have been a bigger travesty than leaving out FSU’s.
So, FSU is blaming the ACC for not making the ACC a top tier conference even though they don’t control the quality of the football programs nor the weak ratings, lack of fan support or alumni donations to a given school? That’s like giving a coach a roster of HS All-Stars to play against the New York Giants and then suing him for incompetence when they get crushed. Sounds pretty delusional to me. Didn’t FSU choose to join the ACC because they WERE a basketball conference?
FSU was suppose to elevate the acc quality of football. Instead the conference teams decided to just collect the cash that FSU and Clemson provided. Instead of investing in their football programs they ran their complete athletic budget off the spoils.
@@marycrockerrohe2371 done plenty. SEC pulled their offer which was only a 1/2 share to start with when they found out FSU was talking to the ACC. FSU tried to get in the SEC wagon several times from the 50's forward. Still when they joined the ACC who had competent leadership in Gene Corrigan at the time paid more. You could make an argument that was the last competent leader the ACC has had.
@@danielwitt698 yet you did not know at the time FSU was courted by the acc to raise the conference bar in football. It is time to get the acc dregs off the teat.
I've been cautions about Rohan's views on this litigation in the past but for about 3/4 of this interview I really think he came across as very even handed and non-bias, but then he started talking about the ACC like it was dirt and his bias really came out bigtime. He reverted back to "crazy FSU guy" once again.
@@trick7884 Actually I've been a bit skeptical about his objectivity since he began appearing on various videos on the subject. The 3/4 was based on this particular appearance. Also as he readily admits this type of law isn't his area of expertise. Sometimes the fandom overtakes everything else, in my opinion. The talking sh-t about the conference is classic FSU whining as we see repeatedly from the fan base. It borders on paranoia. The conference isn't plotting against FSU. It isn't deceiving school members. And the idea that the ACC could in any way negotiate a media contract that even approaches the contracts of the Power 2 conferences is delusional. The conference attracts half or less the viewership of those two conferences. Any broadcast executive that would attempt to sign the ACC to a contract with a similar financial payout would be demoted or fired for incompetence. FSU is in a conference in which they will not get the $$$ you want and feel they deserve, so you want out of the conference to go to one that will. That's the bottom line. FSU either has to stick in out until 2036 (maybe 2027) or convince the ACC to allow them to buy out their GOR.
@@elliottcrews4997 so you admit that you appreciated 75% of his guest appearance, but the only thing you didn't like was when he accurately said the acc was dirt (your word), which you then proved by pointing out all the acc's deficiencies Got it
