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The Big 12 has sent a "cease and desist" letter to ESPN

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Rick85
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10:38p, 7/28/21
Congrats SEC, you're UT's next bad relationship.
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boognish_bear
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10:48p, 7/28/21
This is a wild ride

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RegentCoverup
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In reply to Stefano DiMera • 10:52p, 7/28/21
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
This is the part that everyone needs to get in their heads.

The crooks that run ESPN will destroy our school, our sports and our traditions for their profit.

This will go straight to bigger newspapers and woke sports will get a wake up call.





This site leaks private information to Baylor Regents and Administration
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Robert Wilson
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In reply to gobears20 • 11:29p, 7/28/21
gobears20 said:




Bit dog howls
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Krieg
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11:35p, 7/28/21
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.
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PartyBear
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11:36p, 7/28/21
By the time Texas has worked things with what is currently called the SEC, that conference's head quarters will also be in that DFW area neighborhood.
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Stefano DiMera
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11:40p, 7/28/21
The last round of realignment led to the Big 12 registering as a corporation in Delaware.

That was done so UT wouldnt have an unfair advantage as a defendant in the state of Texas.
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Robert Wilson
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In reply to Krieg • 11:41p, 7/28/21
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.


The 8 need to stand strong and sue their ass.
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boognish_bear
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11:41p, 7/28/21
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boognish_bear
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1:12a, 7/29/21
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gobears20
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5:24a, 7/29/21
Staff
[url=https://twitter.com/nicoleauerbach/status/1420559724215508994?s=21] [/url]

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gobears20
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5:29a, 7/29/21
Staff
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6:32a, 7/29/21
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gobears20
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6:34a, 7/29/21
Staff


Important

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.
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gobears20
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6:43a, 7/29/21
Staff


&ct=g
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gobears20
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6:46a, 7/29/21
Staff
Write up by a lawyer

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OsoVerde
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In reply to gobears20 • 7:07a, 7/29/21
gobears20 said:
Write up by a lawyer



That is a good summary of the legal issues involved.
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boognish_bear
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In reply to gobears20 • 7:37a, 7/29/21
gobears20 said:
Write up by a lawyer



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.
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BearFan33
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In reply to boognish_bear • 7:50a, 7/29/21
boognish_bear said:
gobears20 said:
Write up by a lawyer



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.
Thanks. Does UT and OU flip on ESPN to save their own bacon?
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Johnny Bear
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7:53a, 7/29/21
The last thing the forgotten 8 should do is join the AAC. That decided downgrade option will always be there and as bad as things are right now, we still aren't (or at least shouldn't be) at that level of panic yet.
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coldhardtruth
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7:55a, 7/29/21
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.
You best remember me my friend
I am the cold hard truth
-George Jones
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Reverend
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In reply to coldhardtruth • 8:06a, 7/29/21
Thanks Clarence Darrow. I'm sure glad you got that straightened out for the rest of us.
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zebbie
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In reply to coldhardtruth • 8:32a, 7/29/21
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.
It will make it/ou liable for the buyout if they want to play next year.
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GoodOleBaylorLine
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8:55a, 7/29/21
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)

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RegentCoverup
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9:17a, 7/29/21
I'm not an attorney, but I think the new conference needs to be called the "F ESPN" conference.

This site leaks private information to Baylor Regents and Administration
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Aliceinbubbleland
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In reply to RegentCoverup • 9:25a, 7/29/21
TellMeYouLoveMe said:
I'm not an attorney, but I think the new conference needs to be called the "F ESPN" conference.

ExceptionalSpyingPissedNow
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Wrecks Quan Dough
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9:31a, 7/29/21
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RegentCoverup
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In reply to GoodOleBaylorLine • 9:32a, 7/29/21
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)
Great points. I'd like to add:

1. And that's tricky, because if the email server at UT finds an email that copies an OU email, it can't be deleted by OU or vice versa. You have public resources that could be manipulated. Tampering even a bit could make this thing blow sky high. Essentially, if it did happen, there is evidence on both sides.
2. The LHN is racking up huge losses. That's def the reason.
3. Dodds has made a habit lately of being astronomically wrong. But look at Brett McMurphy, who was let go by ESPN. He is going for the jugular and it's beautiful.
4/6. I think if the league is confident about the evidence, withholding the revenue would be sweet payback.

Summary: It will get settled. Here is why, the discovery process will ultimately be leaked and universities and media organizations don't stand up well to scrutiny. Essentially, they are a basket of contradictions within themselves. In the tobacco trials, the tort industry won big because the public perceived that the media and big tobacco were working together to suppress evidence. Jeffrey Wygand walked in and dropped the bombshell and 60 minutes was caught on the wrong side. They've never been the same.

And we've made #fakenews #ProjectVeritas and deep state allegations the norm in the last two presidential elections. The public has learned to be skeptical. Suffice to say, the PR blowback of manipulating something as small as a college sports conference would have tremendous repercussions in the market. It would harm ESPN's ability to sell, hire employees and conduct business.

They'll wave their flag before discovery is done. Count on it.
This site leaks private information to Baylor Regents and Administration
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PartyBear
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In reply to GoodOleBaylorLine • 9:35a, 7/29/21
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)

I think your number 4 is a good idea.
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boognish_bear
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In reply to coldhardtruth • 9:35a, 7/29/21
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.
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.
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gobears20
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9:59a, 7/29/21
Staff
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RegentCoverup
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10:03a, 7/29/21
Cue the photo of Joe Castiglione looking up at Linda Livingstone.
This site leaks private information to Baylor Regents and Administration
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BanjoBear94
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In reply to RegentCoverup • 10:11a, 7/29/21
TellMeYouLoveMe said:
Cue the photo of Joe Castiglione looking up at Linda Livingstone.
Give it about 10 minutes and someone will probably have it on here.
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Aliceinbubbleland
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In reply to gobears20 • 10:12a, 7/29/21
I can't help but wonder how cordial and trusting the 8 AD's are of each other. This is like the World Series of Poker. I doubt UT and OU attend.

I also hope the AD's bring their legal department with them to the meeting.
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Aliceinbubbleland
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In reply to RegentCoverup • 10:13a, 7/29/21
Unfortunately she won't be there if the headline is correct. This one is for AD's.
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