Big 12 now believes the American is attempting to take all eight remaining members. Earlier report said "3-5" Big 12 members were being solicited Bob Bowlsby told CBS Sports. Story up soon.
— Dennis Dodd (@dennisdoddcbs) July 29, 2021
This is the part that everyone needs to get in their heads.Stefano DiMera said:
We now know..it aint got nothing to do with religious affiliation..enrollment..alumni size..etc..its who ESPN wants?where.
Theres a reason this story isnt on ESPN.com
gobears20 said:ESPN statement concerning claims by Big 12 in cease & desist letter:
— Brett McMurphy (@Brett_McMurphy) July 28, 2021
“The claims in the letter have no merit.”Reminder: The Big 12’s and The American's headquarters are literally less than a mile apart. pic.twitter.com/voNwYBUK5o
— Chris Vannini (@ChrisVannini) July 28, 2021
Krieg said:
They want us all in the American to keep the other power conferences from expanding and getting locked in longer. They want Pac, ACC, and B1G teams in their new league. All of us joining the crappy American would permanently move us below that top level and prevent those conferences from gaining strength.
Mostly because the teams have about $160 million in buyouts from UT/OU and four years of significant Big 12 rights payouts potentially riding on whether the conference still exists, especially if the final destination is making $10 mil a year in the AAC.
— Shehan Jeyarajah (@ShehanJeyarajah) July 29, 2021
You could say I’ve lived the modern day history of CFB and admittedly I love the sport.Sadly the lack of unified leadership has always been its greatest flaw. This story with these allegations that broke today is unlike anything we’ve ever seen in its History. 👇 https://t.co/4TQfVD1odG
— Tim Brando (@TimBrando) July 29, 2021
[/url]Wow, this is 🔥 from Big 12 commissioner Bob Bowlsby, in this @max_olson story: https://t.co/XSTrHp5mxc pic.twitter.com/vN7E0iaQ84
— Nicole Auerbach (@NicoleAuerbach) July 29, 2021
Big 12 now believes the American is attempting to take all eight remaining members. Earlier report said "3-5" Big 12 members were being solicited Bob Bowlsby told CBS Sports. Story up soon.
— Dennis Dodd (@dennisdoddcbs) July 29, 2021
After the last round of realignment, the Big 12 bylaws were rewritten to be binding for 99 years based on ancient English ground lease strategy. Texas and OU agreed to them.
— Dennis Dodd (@dennisdoddcbs) July 29, 2021
Here ‘tis. Latest: Big 12 believes American is attempting to grab eight remaining members with Texas, Oklahoma leaving for SEC - https://t.co/Do0GY2YbwU https://t.co/NG27XIoxyY
— Dennis Dodd (@dennisdoddcbs) July 29, 2021
Quote:
In fact, the Big 12's bylaws are written in such a way that -- if there is even one member remaining -- a program can individually sue any of the entities in this discussion -- the SEC, the AAC or even ESPN.
Leaning on the "disinterested directors" clause in its bylaws, the Big 12 intends to make the migration of Texas and Oklahoma to the SEC as difficult as possible.
After losing four teams in the last round of conference realignment a decade ago, those bylaws were drafted in 2012 to stand for a period of 99 years. Texas and Oklahoma were part of the group who, according to one source, wanted the longest agreement possible.
"They screw up everything they join" — @mattmosley on the Texas Longhorns leaving the Big 12 for the SEC pic.twitter.com/6FDEl9yFkp
— The Volume (@TheVolumeSports) July 28, 2021
What does the Big 12’s cease and desist to ESPN mean and what could it be setting the stage for? @jayisu31 breaks that down here. https://t.co/hkSHPESuHE
— CycloneFanatic.com (@cyclonefanatic) July 28, 2021
gobears20 said:
Write up by a lawyerWhat does the Big 12’s cease and desist to ESPN mean and what could it be setting the stage for? @jayisu31 breaks that down here. https://t.co/hkSHPESuHE
— CycloneFanatic.com (@cyclonefanatic) July 28, 2021
gobears20 said:
Write up by a lawyerWhat does the Big 12’s cease and desist to ESPN mean and what could it be setting the stage for? @jayisu31 breaks that down here. https://t.co/hkSHPESuHE
— CycloneFanatic.com (@cyclonefanatic) July 28, 2021
Thanks. Does UT and OU flip on ESPN to save their own bacon?boognish_bear said:gobears20 said:
Write up by a lawyerWhat does the Big 12’s cease and desist to ESPN mean and what could it be setting the stage for? @jayisu31 breaks that down here. https://t.co/hkSHPESuHE
— CycloneFanatic.com (@cyclonefanatic) July 28, 2021
Thanks for sharing this one GB. Here is the text of the article:
JORDAN: Breaking down the Big 12's cease and desist to ESPN
Aug 31, 2018; Madison, WI, USA; ESPN College Football logo on a tv camera prior to the game between the Western Kentucky Hilltoppers and Wisconsin Badgers at Camp Randall Stadium. Mandatory Credit: Jeff Hanisch-USA TODAY Sports
I was asked to provide a simple opinion and explanation of the implications derived from the cease and desist letter sent by the Big 12 Conference to ESPN (the "CD" hereinafter).
Being an attorney, I have penned these letters as a common component of a legal strategy involving litigation as the ultimate outcome. It is a step aimed at freezing further harmful action, galvanizing positions for potential settlement negotiations, and satisfying notice requirements that may be required as a prerequisite for the filing of a lawsuit.
The substance of the CD indicates that the Big 12 has evidence that ESPN has, with intent, acted in a manner consistent with harming (it is safe to say seeking the dissolution of) the Big 12 Conference and that ESPN has sought to induce a further breach of certain contracts by conferences other than the SEC. In addition, the CD indicates that the Big 12 believes it will be able to establish that ESPN was involved in inducing the actions of Texas and Oklahoma in seeking to leave the Big 12 prior to the expiration of their current contractual obligations.
The Big 12 specifically references the violated clauses of the contract which would support a claim based on breach of contract. In the alternative, or more likely, in the primary, the Big 12 is positioning a suit based on tortious interference with contract (intentional interference with contractual relations) for which a calculation of damages would include not only contractual damages calculated by the contract value itself but may also (though not certainly) include damages derived from the tortious act including opportunity costs and potential derivative damages incurred by the Big 12 and its member institutions.
To succeed in a claim for tortious interference a claimant must prove four elements: 1) that a valid contract existed; 2) that a defendant had knowledge of the contract; 3) that a defendant acted intentionally and improperly; 4) that the plaintiff was injured by the defendant's actions. United Truck Leasing Corp. v. Geltman, 406 Mass. 811, 812, 551 N.E. 2d 20 n. 6 (Mass. 1990).
The effect of the letter should be to freeze all current behind-the-scenes discussions between ESPN and institutions and conferences regarding realignment and potential telecast contractual rights and values. I believe both the Big 12 and the member institutions have legal redress in a suit of this nature against ESPN, the offending institutions, and possibly the SEC. Though public statements have been carefully worded to avoid providing "smoking gun" evidence, the CD indicates that there is an active search for evidence that would lend itself to a case based on breach of contract and tortious interference.
The expected outcome in many similarly situated legal claims is that the parties now enter into negotiations to determine if a suitable financial outcome can be reached for both the aggrieved party and the bad actor. However, should the bad actor continue to act in an injurious manner, then litigation will likely be initiated which would include a claim for immediate issuance of an injunction against any of the alleged behavior pending the outcome of the underlying case.
I would expect any lawsuit where the parties are unwilling to settle to take in the range of 3 to 4 years to conclude with the certainty of appeals to the highest level thereafter. The implication is a freezing effect on new telecast contracts and conference realignment with all current agreements being extended by necessity via court order pending the outcome of the case.
The alleged actions and indication in the CD that evidence of actionable behavior has already been gathered give substance to posturing and leverage to the Big 12. The purpose of the strategy and the use of the leverage is pure speculation, but one can safely derive that the Big 12 has a case and that we, as fans, face a future where the governing body of collegiate athletics wear robes instead of logoed visors.
It will make it/ou liable for the buyout if they want to play next year.coldhardtruth said:
This "revelation" will lead to nothing. At best, ESPN gets a slap on the wrist. The fact that the commish now wants to show some fire about his conference and his job is kind of like pouring a bucket of water on a house that burnt down a week ago.
ExceptionalSpyingPissedNowTellMeYouLoveMe said:
I'm not an attorney, but I think the new conference needs to be called the "F ESPN" conference.
Great points. I'd like to add:GoodOleBaylorLine said:
A few general thoughts (for what they are worth).
1. OU and UT are about to get hammered with FOIA requests.
2. Part of ESPN's motivation is to rid itself of the atrocious Longhorn Network contract. When UT joins the SEC, LHN either goes away or gets folded into the SEC Network. SEC will not allow individual schools to have a network.
3. It is interesting that a lot of this is coming from Dodds, who is a CBS guy, but I suspect he is just muckraking.
4. B12 (excluding OU and UT) needs to vote to suspend OU and UT's revenue distributions immediately until the league has confirmed that they have acted and will act in compliance with all B12 contracts, regulations and bylaws. The precedent was set with Baylor. The best part is it was Boren (OU's prez) that sanctimoniously drove the Baylor punishment bus. Big 12 to withhold revenue instead of fining Baylor until it's sure changes are made - CBSSports.com
6. If B12 revenue is withheld, OU and UT will be forced to go to the states to get appropriations to fund their athletic budgets. That will basically be like taking a flamethrower to a gas tanker.
This could get fun (but it probably will just get resolved)
I think your number 4 is a good idea.GoodOleBaylorLine said:
A few general thoughts (for what they are worth).
1. OU and UT are about to get hammered with FOIA requests.
2. Part of ESPN's motivation is to rid itself of the atrocious Longhorn Network contract. When UT joins the SEC, LHN either goes away or gets folded into the SEC Network. SEC will not allow individual schools to have a network.
3. Fox and CBS have some parts to play here, but it is not clear what their motivations or end game might be. Fox has the other half of the B12 contract which gets a lot less valuable with OU and UT leaving or especially the league breaking up, but they are also put in the awkward position of promoting UT and OU for the next 3 years even though they will become an ESPN product. CBS has been effectively shut out of big time college football by losing SEC to ESPN. It is interesting that a lot of this is coming from Dodds, who is a CBS guy, but I suspect he is just muckraking.
4. B12 (excluding OU and UT) needs to vote to suspend OU and UT's revenue distributions immediately until the league has confirmed that they have acted and will act in compliance with all B12 contracts, regulations and bylaws. The precedent was set with Baylor. The best part is it was Boren (OU's prez) that sanctimoniously drove the Baylor punishment bus. Big 12 to withhold revenue instead of fining Baylor until it's sure changes are made - CBSSports.com
5. Although the B12 is a Delaware corporation, that does not mean UT or OU would be subject to a lawsuit in Delaware. There is no venue selected in the B12 bylaws. It doesn't really matter to some extent, as the B12 is holding all their money so the schools have to sue to get it.
6. If B12 revenue is withheld, OU and UT will be forced to go to the states to get appropriations to fund their athletic budgets. That will basically be like taking a flamethrower to a gas tanker.
This could get fun (but it probably will just get resolved)
That was my initial thought as well, but the more I read the more I think there is something pretty substantive here where we can hopefully make this transition a living hell for OU/UT and ESPN.coldhardtruth said:
This "revelation" will lead to nothing. At best, ESPN gets a slap on the wrist. The fact that the commish now wants to show some fire about his conference and his job is kind of like pouring a bucket of water on a house that burnt down a week ago.
Big 12 ADs meeting Friday to discuss next steps.
— Dennis Dodd (@dennisdoddcbs) July 29, 2021
Give it about 10 minutes and someone will probably have it on here.TellMeYouLoveMe said:
Cue the photo of Joe Castiglione looking up at Linda Livingstone.