https://www.tigernet.com/clemson-footbal...ence-43890

The Atlantic Coast Conference issued a statement in response to Clemson's lawsuit with the league filed on Tuesday in Pickens County.

"The ACC remains confident that its agreements with all its members will be affirmed by the courts. Clemson, along with all ACC members, voluntarily signed and re-signed the 2013 and 2016 Grant of Rights, which is binding through 2036. In addition, Clemson agreed to the process and procedures for withdrawal. The Conference's legal counsel will vigorously enforce the agreement and bylaws in the best interest of the ACC's current and incoming members," said the statement signed by ACC Board of Directors chair Jim Ryan and conference commissioner Jim Phillips.


Just an FYI, Clemson has not officially began withdrawing from the ACC. The Clemson suit is in the link.

The question is if the ACC is going to file a countersuit.

Phillips may need to take this to a vote. Hopefully there are enough schools to vote for it.

More flogging the GoR, what a surprise. The ACC certainly does have all of their eggs wrapped up in that one particular paper basket, if it falls in court then the whole crumbling plantation house finally comes down around you. Hopefully somewhere the adults are in a room negotiating reasonable exits for FSU, Clemson and perhaps some others.

https://virginiatech.sportswar.com/wp-co...9-17-2.pdf

The Absolute Two-Thirds Matters are as follows: (i) any amendment to Article 2.5 of the Bylaws (Finances), (ii) selecting or changing the location of the Conference office, (iii) entering into or amending any Material Media Rights Agreement (as defined in Section 2.3.1(q)), (iv) the appointment, extension of the term, or removal of the Commissioner or the other matters set forth in Section 1.5.2.1.1, and (v) the initiation of any material litigation involving the Conference (but not, for clarity, the settlement of any litigation involving the Conference, which requires the affirmative vote of a majority of all Directors present for such vote). The Absolute Three-Fourths Matters are as follows: (i) the admission of new Members to the Conference pursuant to Section 1.4.3, (ii) the expulsion, suspension or probation of a Member pursuant to Section 1.4.4, (iii) any amendment of this Constitution, (iv) any amendment of the Bylaws (except amendments to Article 2.5), and (v) waiver of notice or other required process for a Board meeting pursuant to Section 1.5.1.5.2.

4 of 6 on the Executive Committee are enough to respond to any initial litigation as I read the bylaws. This is NC Non-Profit entity law and it's set up to allow a subcommittee to run the show until the full board stops it.

Clemson's filing is light years ahead of FSU's and they used a legitimate firm with plenty of NC ties in Columbia do do it.

(03-19-2024 07:59 PM)SouthernConfBoy Wrote:  https://virginiatech.sportswar.com/wp-co...9-17-2.pdf

The Absolute Two-Thirds Matters are as follows: (i) any amendment to Article 2.5 of the Bylaws (Finances), (ii) selecting or changing the location of the Conference office, (iii) entering into or amending any Material Media Rights Agreement (as defined in Section 2.3.1(q)), (iv) the appointment, extension of the term, or removal of the Commissioner or the other matters set forth in Section 1.5.2.1.1, and (v) the initiation of any material litigation involving the Conference (but not, for clarity, the settlement of any litigation involving the Conference, which requires the affirmative vote of a majority of all Directors present for such vote). The Absolute Three-Fourths Matters are as follows: (i) the admission of new Members to the Conference pursuant to Section 1.4.3, (ii) the expulsion, suspension or probation of a Member pursuant to Section 1.4.4, (iii) any amendment of this Constitution, (iv) any amendment of the Bylaws (except amendments to Article 2.5), and (v) waiver of notice or other required process for a Board meeting pursuant to Section 1.5.1.5.2.

4 of 6 on the Executive Committee are enough to respond to any initial litigation as I read the bylaws. This is NC Non-Profit entity law and it's set up to allow a subcommittee to run the show until the full board stops it.

Clemson's filing is light years ahead of FSU's and they used a legitimate firm with plenty of NC ties in Columbia do do it.

I'm not quite following you on this. Are you saying that a simple majority (8 / 10 after 6/30/24) can vote to accept a buyout offer? What about voting to file a counter suit, 2/3 if 3/4 attend the meeting?

(03-19-2024 07:59 PM)SouthernConfBoy Wrote:  https://virginiatech.sportswar.com/wp-co...9-17-2.pdf

The Absolute Two-Thirds Matters are as follows: (i) any amendment to Article 2.5 of the Bylaws (Finances), (ii) selecting or changing the location of the Conference office, (iii) entering into or amending any Material Media Rights Agreement (as defined in Section 2.3.1(q)), (iv) the appointment, extension of the term, or removal of the Commissioner or the other matters set forth in Section 1.5.2.1.1, and (v) the initiation of any material litigation involving the Conference (but not, for clarity, the settlement of any litigation involving the Conference, which requires the affirmative vote of a majority of all Directors present for such vote). The Absolute Three-Fourths Matters are as follows: (i) the admission of new Members to the Conference pursuant to Section 1.4.3, (ii) the expulsion, suspension or probation of a Member pursuant to Section 1.4.4, (iii) any amendment of this Constitution, (iv) any amendment of the Bylaws (except amendments to Article 2.5), and (v) waiver of notice or other required process for a Board meeting pursuant to Section 1.5.1.5.2.

4 of 6 on the Executive Committee are enough to respond to any initial litigation as I read the bylaws. This is NC Non-Profit entity law and it's set up to allow a subcommittee to run the show until the full board stops it.

Clemson's filing is light years ahead of FSU's and they used a legitimate firm with plenty of NC ties in Columbia do do it.

Interesting note from the ACC by laws:

Among the reasons a Member may be expelled, suspended, or placed on probation for good cause is if
it no longer participates in one or more sports which are required for membership in the Conference, if
the Member is required by the NCAA to discontinue such required sport because of violations of NCAA
regulations, or such Member or one or more of its sports programs becomes incompatible with the
objectives of the Conference.

This is very vague, seems the ACC could expel a member for sucking at football or basketball for too long.

Clemson did not mention the governing law in this case which is NC Non-Profit Corporation law. They used a reference to a quasi national standard that I don't know. The problem with all of the NC General Statutes is that you can read them all you want, but that means next to nothing, you have to know the actual case law.

https://www.ncleg.gov/EnactedLegislation...er_55A.pdf

(03-19-2024 08:30 PM)dawgitall Wrote:  

(03-19-2024 07:59 PM)SouthernConfBoy Wrote:  https://virginiatech.sportswar.com/wp-co...9-17-2.pdf

The Absolute Two-Thirds Matters are as follows: (i) any amendment to Article 2.5 of the Bylaws (Finances), (ii) selecting or changing the location of the Conference office, (iii) entering into or amending any Material Media Rights Agreement (as defined in Section 2.3.1(q)), (iv) the appointment, extension of the term, or removal of the Commissioner or the other matters set forth in Section 1.5.2.1.1, and (v) the initiation of any material litigation involving the Conference (but not, for clarity, the settlement of any litigation involving the Conference, which requires the affirmative vote of a majority of all Directors present for such vote). The Absolute Three-Fourths Matters are as follows: (i) the admission of new Members to the Conference pursuant to Section 1.4.3, (ii) the expulsion, suspension or probation of a Member pursuant to Section 1.4.4, (iii) any amendment of this Constitution, (iv) any amendment of the Bylaws (except amendments to Article 2.5), and (v) waiver of notice or other required process for a Board meeting pursuant to Section 1.5.1.5.2.

4 of 6 on the Executive Committee are enough to respond to any initial litigation as I read the bylaws. This is NC Non-Profit entity law and it's set up to allow a subcommittee to run the show until the full board stops it.

Clemson's filing is light years ahead of FSU's and they used a legitimate firm with plenty of NC ties in Columbia do do it.

I'm not quite following you on this. Are you saying that a simple majority (8 / 10 after 6/30/24) can vote to accept a buyout offer? What about voting to file a counter suit, 2/3 if 3/4 attend the meeting?

Clemson filed first against the ACC. Only the Executive Committee need authorize a legal response. The Exec Committee has 6, so just four votes needed. You will notice that in some of the articles that they actually managed to pin down the UVA president as two who was on the call - six.

(03-19-2024 08:32 PM)Garrettabc Wrote:  

(03-19-2024 07:59 PM)SouthernConfBoy Wrote:  https://virginiatech.sportswar.com/wp-co...9-17-2.pdf

The Absolute Two-Thirds Matters are as follows: (i) any amendment to Article 2.5 of the Bylaws (Finances), (ii) selecting or changing the location of the Conference office, (iii) entering into or amending any Material Media Rights Agreement (as defined in Section 2.3.1(q)), (iv) the appointment, extension of the term, or removal of the Commissioner or the other matters set forth in Section 1.5.2.1.1, and (v) the initiation of any material litigation involving the Conference (but not, for clarity, the settlement of any litigation involving the Conference, which requires the affirmative vote of a majority of all Directors present for such vote). The Absolute Three-Fourths Matters are as follows: (i) the admission of new Members to the Conference pursuant to Section 1.4.3, (ii) the expulsion, suspension or probation of a Member pursuant to Section 1.4.4, (iii) any amendment of this Constitution, (iv) any amendment of the Bylaws (except amendments to Article 2.5), and (v) waiver of notice or other required process for a Board meeting pursuant to Section 1.5.1.5.2.

4 of 6 on the Executive Committee are enough to respond to any initial litigation as I read the bylaws. This is NC Non-Profit entity law and it's set up to allow a subcommittee to run the show until the full board stops it.

Clemson's filing is light years ahead of FSU's and they used a legitimate firm with plenty of NC ties in Columbia do do it.

Interesting note from the ACC by laws:

Among the reasons a Member may be expelled, suspended, or placed on probation for good cause is if
it no longer participates in one or more sports which are required for membership in the Conference, if
the Member is required by the NCAA to discontinue such required sport because of violations of NCAA
regulations, or such Member or one or more of its sports programs becomes incompatible with the
objectives of the Conference.

This is very vague, seems the ACC could expel a member for sucking at football or basketball for too long.

You can be expelled for any reason if the votes are there to do it. You can be construed to be in violation of NC law for not acting in good faith regarding the ACC NCGS 55-8-30. This might be a tough concept but if you are on the ACC Board, State law says you vote for what's best for your non-profit. Now that may be 180 degrees opposite of what is good for your school who pays your salary. While there is no doubt the ACC's statements have cast a cloud on Clemson, Clemson has cast a cloud right back at the ACC.

This is a guess, but the Clemson filing sounds like it's meant to assess what the Mag-7 can actually do and to flush ESPN out of hiding - something the FSU litigation is to screwed up to tease out.

The Executive Board is UVa, VT, BC, Miami, Wake Forest and was UNC but Gusweick left for Michigan State and it may be that Syracuse took the opening.

Dan Wetzel, Yahoo Sports joins 365 Sports to discuss his thoughts on Clemson filing a lawsuit against the ACC, his thoughts on the destabilization in the ACC Conference, his thoughts on potential NCAA basketball tournament expansion, and more.

Link
https://www.youtube.com/watch?v=SOovLVswA5o

Jim Phillips is doing a bang up job. LOL

(03-19-2024 09:24 PM)GTFletch Wrote:  

Thomas Aquinas reportedly said 'Beware the person of one book.'

Beware the thread of one lawyer.

(03-20-2024 09:11 AM)Gitanole Wrote:  

(03-19-2024 09:24 PM)GTFletch Wrote:  

Thomas Aquinas reportedly said 'Beware the person of one book.'

Beware the thread of one lawyer.

Yeah, I'm not hanging my hat on one guy.
(Of course, neither should FSU fans)

(03-20-2024 07:58 AM)GoWulfPak Wrote:  Jim Phillips is doing a bang up job. LOL

Phillips inherited most of this mess from Swofford.

I will hold him accountable for "The Alliance", but not for the TV contract mess.

(03-20-2024 09:24 AM)Hokie Mark Wrote:  

(03-20-2024 07:58 AM)GoWulfPak Wrote:  Jim Phillips is doing a bang up job. LOL

Phillips inherited most of this mess from Swofford.

I will hold him accountable for "The Alliance", but not for the TV contract mess.

I'll hold him accountable for not getting the deal done with UW and UO or a backup plan with Utah and/or the 'zona schools.

I'll hold him accountable for not fighting on FSU's behalf to get in the playoffs.

I'll hold him accountable for not being a peacemaker with FSU and Clemson. Whether he thinks the ACC has the high ground or not, the optics of this whole situation is damaging. It seems that he or some ACC members has no self awareness.

(03-20-2024 09:52 AM)Garrettabc Wrote:  

(03-20-2024 09:24 AM)Hokie Mark Wrote:  

(03-20-2024 07:58 AM)GoWulfPak Wrote:  Jim Phillips is doing a bang up job. LOL

Phillips inherited most of this mess from Swofford.

I will hold him accountable for "The Alliance", but not for the TV contract mess.

I'll hold him accountable for not getting the deal done with UW and UO or a backup plan with Utah and/or the 'zona schools.

I'll hold him accountable for not fighting on FSU's behalf to get in the playoffs.

I'll hold him accountable for not being a peacemaker with FSU and Clemson. Whether he thinks the ACC has the high ground or not, the optics of this whole situation is damaging. It seems that he or some ACC members has no self awareness.

Fair enough.

https://theathletic.com/5357749/2024/03/...es-rights/

And they countersued