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Hall of Famer [22307]
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How to get out of the GOR.
Jul 28, 2022, 10:01 AM
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I'm not a lawyer, but I do watch reruns of Matlock on Hallmark.
My understanding of law is corporate law is far more complex than civil law or criminal law. Figuring out how to legally parse words and clauses and subparagraphs of multipage documents for your clients best interest is not for the general practice lawyer, much less guys like me who have no understanding of the law than reading a speed limit sign.
I have no doubt that there are literally scores of law offices and hundreds of lawyers looking at the document and preparing the best legal argument and the best legal path to take for their clients, whether that client is a school, a group of schools or a conference.
Can a school find a loophole in the language?
Can a school negotiate a lower buyout?
Can a group of schools work together to find a way out?
Can ESPN put pressure on a conference to get them to allow a team (or 2 or 3 or 4 or 6 or 8) leave the conference?
Can the ACC vote to disband? What is the procedure for that? Are there enough schools who would vote for that option?
Me? I have no idea. That's why those law firms are getting paid the big bucks. They are researching other business contracts between corporations and looking for some legal justification to do whatever it is their client wants. They are talking to other firms representing other clients who have the same or similar goals as their clients.
It's not as simple as "We want to join the SEC and the SEC wants us to join." As my daddy used to tell me, "You may want horns on your head, but you're gonna die butt-headed."
Let's assume (I think it is a reasonable assumption) Clemson wants to join the SEC and the SEC wants Clemson to join.
Well, some law firm is getting, and earning, big bucks to figure out how to make it happen and wht the cost will be.
I'm speculating that sometime next Spring an announcement will be made that the deal is struck. But, I'm usually optimistic on my speculations. And, my only "inside source" is whatever David Hood posts on this website.
Message was edited by: bretfsu®
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CU Medallion [64590]
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It has been reported...
Jul 28, 2022, 10:15 AM
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the ACC's GOR includes a "competitive revenue clause". Right now, 80% of conference revenue is generated by football and, over the last several years, Clemson has accounted for the lions share of that, yet their return is peanuts compared to the competition in other leagues. This, in and of itself, should be an out for Clemson (among others). The league can't hold schools hostage if they can make twice the revenue elsewhere. That's overly punitive and inequitable. This is why I firmly believe schools like UNC, Miami, FSU and Clemson should be pooling their resources and working together collectively and collaboratively to find a way out of the ACC's unfavorable GOR.
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Hall of Famer [22307]
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Re: It has been reported...
Jul 28, 2022, 10:32 AM
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And, law firms are doing all sorts of research trying to find cases where "competitive revenue clause" or something very similar has been used in cases before this one.
It's gotta be one complex tangle of a legal web.
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CU Medallion [64590]
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and expensive (a lot of billable hours by the attorneys)...
Jul 28, 2022, 10:57 AM
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which is why schools like UNC, Miami, FSU and Clemson need to be working together and pooling their resources.
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CU Medallion [65498]
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You know what you get when you add an "e" to GOR, right?
Jul 28, 2022, 10:19 AM
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Right, Gore, Hanging Chads and all that. A months long, knotty problem. Which is just what getting out of this GOR would / will be, a months long knotty problem, if knot years.
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CU Guru [1932]
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Re: How to get out of the GOR.
Jul 28, 2022, 10:28 AM
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The "football schools" in this Conference should tell the ACC we want adequate return on investment or this Conference ends in 2036. These schools have chained themselves to the Titanic.
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CU Guru [1045]
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Re: How to get out of the GOR.
Jul 28, 2022, 10:36 AM
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Keep in mind that a GOR is not some new thing made up for football. GOR has been around for decades. It's used in the publishing industry, entertainment industry, multi media industry, etc. It's not just something these conferences threw against the wall, hoping it would stick.
I would also say this. If it's so easy to get out of a GOR contract, why is in impossible to get out of a TV contract? Instead of worrying about the GOR, why not get out of the TV contract with ESPN, and then go sign a bigger contract with another network? See my point?
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CU Medallion [64590]
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In order to do that, you need other suitors...
Jul 28, 2022, 11:21 AM
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like Fox, NBC, or CBS. To my knowledge, those don't exist.
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CU Guru [1045]
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Re: In order to do that, you need other suitors...
Jul 28, 2022, 11:30 AM
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Well, no, not when you are already under contract.
The point is, people are just making up things that they want to see happen, and aren't basing their opinion on facts or logic. That's what's going on with this GOR business. People are afraid Clemson will be left out, so they try to convince themselves the GOR is easily breakable.
Also to your point, to get out of the GOR, there has to be another conference to take you. Do the SEC and Big Ten ACTUALLY want any ACC teams, or are you just saying that because you hope it's true?
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Letterman [278]
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Re: How to get out of the GOR.
Jul 28, 2022, 12:08 PM
[ in reply to Re: How to get out of the GOR. ] |
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Why is the 2016 version of ACC not available? I have seen the 2013 version, but not the newer one. ACC schools that want to get out better hope its not like the Big 12’s gor. I read an article that showed the Big 12s and it was crazy. Basically it said that any school’s director can only vote if they are a “Disinterested Director.” If the director has any material interest in the matter, they cannot vote.
I didnt want to reply to you. I cant figure out how to post a comment without replying
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Commissioner [940]
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Re: How to get out of the GOR.
Jul 28, 2022, 2:56 PM
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I've been wondering this, too. You would think some reporter would have gotten it through a leak or FOIA a long time ago.
The 2013 GOR contains no competitive advantage clause.
Why wouldn't a reporter ask just that question. Or, "Does the 2016 GOR differ in any material way from the 2013 GOR?"
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CU Medallion [64590]
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I'll say this...
Jul 28, 2022, 3:43 PM
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if the most recent iteration of the ACC's GOR does not contain a competitive advantage clause, every school AD and/or President who signed it should face immediate termination for cause.
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110%er [6858]
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None of this matters if
Jul 28, 2022, 3:50 PM
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If its true that if 8+ schools walk then the GOR is dead. That should be the card the football schools play here. Assuming of course that between the sec, big ten and potentially the big12, there will be a landing spot for 8+ schools.
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Orange Blooded [3290]
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Re: None of this matters if
Jul 28, 2022, 6:53 PM
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Did Clements vote for the 2018 GOR and did he or BOT have to sign an agreement? We would have to have agreed to it for the other members to attach future earnings. A buy out clause, yes but I would at least like to know about the vote and agreement.
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110%er [8538]
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Re: How to get out of the GOR.
Jul 28, 2022, 7:45 PM
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GOR anger is not going away and neither is the GOR until the ACC plays better football and the conference is desirable. Can it happen, maybe. Will it happen, there is a ton of work to be done.
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