Doug Rohan: Florida State & Clemson May Have Finally Found Its Way Out of the ACC | Realignment

Doug Rohan, Rohan Law P.C. joins 365 Sports to discuss his thoughts on the FSU vs ACC case, what is Florida State central argument for the ACC’s Grant of Rights, what is the latest coming our of the Florida State and Clemson camp, where he wants Florida state to end up, and more.
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[@TargetDestroyed96]

I love how many people are still clinging to the idea of an ironclad contract as if that exists anywhere in business. There are ALWAYS terms to break a contract; it's a question of $$$, not legality. And seems like the ACC screwed things up bad enough that the number will be much smaller than they proposed.

[@cgiii2440]

They just made up a fantastic number to try to scare schools from attempting to leave, wth would it cost more to leave the ACC than the B1G or SEC? It's very obvious here

[@woodybortner5583]

Right also there is often terms etc in them that cam be grounds for them to be deemed non enforceable.

[@Shaunskee]

YOUR EXACTLY RIGHT THERE'S A WAY QUIT YOUR FRICKIN CRYING, WHINING AND POUTING AND PAY THE 500 MILLION????!!!!! YOUR NOT SPECIAL OR NEAT YOUR JUST ANOTHER FOOTBALL TEAM PAY THE EXIT FEE OR CALL 1-800-CRY-BABY AND CRY AND WHINE ABOUT IT THERE!!!!!

[@gnorley]

Well, if anyone’s complaining, good luck getting an attorney who specializes in contractual law to speak on contractual law without being paid for it. Doug Rohan is a lawyer so this is the best you’re gonna get.

[@chrisg4931]

Rohan is a shrill for FSU.

[@skyskyf]

right? none of these garage podcasts are gonna pony up the 1,500 an hour to get a lawyer to come on for an hour as if they wouldn't then need to spend hours looking at all the info "rohan is an FSU fan" well, duh? who else would go to these court cases live, and for free. its like people expect the actual ACC attorneys or better yet the judge come on for a commentary like the half time show of the superbowl

[@gnorley]

@@chrisg4931 Also a lawyer. No lawyer in contract law is going to work for free. Did you read my statement?

[@CharlesFosterMalloy]

Interpretation of a contract, & enforcement or determination as to enforceability, are all "questions of law" that the court (a court) decides, not a "trier of fact" - i.e., either a jury or a judge sitting without a jury as the trier of fact and application of applicable law to the facts as found. There really should not be any readily controverted or disputed questions or issues of fact, unless the ACC & ESPN somehow deny misleading membership about the nature of the substantive agreements. The GOR (grant of rights) and the ESPN-ACC "media agreement" are inherently intertwined and fully integrated - one with the other. You cannot interpret the GOR without also reading, referencing, incorporating and applying the media contract within the context of the GOR. Once the judge has all the agreements and supplements, amendments, modifications, extensions, etc., thereof and thereto, before it, the court can decide as a matter of law what the terms mean and how they should be applied to the undisputed facts. The appropriate vehicle would be an early dispositive ruling on a motion for summary judgement. If Im FSU, CLEM and UNC, I'm giving notice of withdrawal as of a specified date BEFORE ESPN can exercise its right to extend the media contract term out another 9 years or so. It currently ends in 2027 and its their present right to get out effective as of the current ending of the media contract and not incur the portion of the specified damages based on years remaining on the contract. Do like Texas & OU, then all you arguably owe is the $130 million withdrawal fee (but only if that is deemed reasonable & enforcable as a matter of public policy - it too may be too high & unreasonable (compared to actual damages) and therefore may be unenforcable as an impermissible "penalty" - when economics determine a higher value use would otgerwise justify breaking a contract and paying actual damages, an excessive stipulated or liquidated damages clause it NOT enforcable as a matter of public policy, as it would be contrary to law. 2 people can agree to commit murder for hire, also, but as a matter of public policy, its unenforcable. The same goes for any provision that calls for payment of excessive liquidated damages. Those provisions are suspect and draw strict scrutiny as to excissiveness compared to actual pecuniary out of pocket losses.

[@JoseJimenez-cx2ms]

The ACC will survive but it wont have its major brands and will get the best group of 5 schools to join

[@charleswebsterjr.6350]

I dont understand why they dont just add the Pac 2 With Oregon State,Washington State and 2 markets like San Diego State, Boise State (Football Brand), and a UNLV (Vegas Market and basketball Brand ), maybe Colorado State or Fresno State (Central California market). for the ACC West. I think USF,Memphis and Tulane are probably shoe ends. But must stabilize the ACC Western Market to make it somewhat attractive.

[@tet2755]

The private equity makes sense if/when football is fully professional. The players would technically work for an outside organization that just licenses the brand from the school.

[@aBrewster29]

Sic’em 360 is now part of the Rohirrim!!

[@homesbymikewalker]

Interesting

[@edwynnhouston1461]

The Acc is dead

[@daniellle4270]

….and they did it to themselves

[@edwynnhouston1461]

@@daniellle4270 agreed

[@webmoore4353]

It will survive as a conference of scraps, just like B12

[@DanielMitchell-fg2tm]

Preach!

[@gagebyers1057]

@@webmoore4353lol big 12 is leaps and bounds better then the ACC… especially without Clemson or fsu

[@stevekim9731]

There is always a way to change. Everything is made by human.

[@MichaelG-ur1dd]

Virginia and North Carolina to Sec

[@shaunclemtiger]

250 million to get out won't happen. Neither team has that or can get that. More like 50 to 75 million

[@JohnShawOhio]

Maryland paid $50M to leave for BIg Ten. The price to leave will be higher.

[@boweevil8390]

BC, Syracuse, Pitt, UVA, Va Tech, UNC, NCState, Duke, Wake, Ga Tech, Miami etc. did not make commitments to their football programs for years and years. This is what killed the ACC. People don’t want to see a bad WF’s vs a bad BC matchup. fans don’t come out and nobody cares to each on tv.

[@OSU2010]

FL State and Clemson to the SEC I promise!

[@encycl07pedia-]

FSU is headed towards the B1G.

[@johnmccarus3155]

@@encycl07pedia- what’s makes you say that

[@encycl07pedia-]

@@johnmccarus3155 What FSU has been doing as a university, bigger payday, better conference, and bad history with the SEC.

[@seekohog]

@@johnmccarus3155 FSU had a chance to go to the SEC when Bowden was there. FSU(Bowden) preferred the ACC because they/he thought the ACC provided an easier path to championships and Major Bowls. FSU had their chance and blew it.

[@harryhoesch3793]

ACC will thrive when the dead wood leaves. Two downward trending programs with nowhere that wants them. Fire sale for both program.

[@webmoore4353]

FSU fans - who you bringing with you to the B1G? What is your wish list?

[@pnut3844able]

Every. Single. Day. This channel and others post something about the ACC collapsing lmao. The ACC is going nowhere.

[@WilliamBush-bg7ei]

UVA and unc about to hold hands and walk to the B10 I’m calling it

[@chrisg4931]

Based on what? There are two pretty powerful state legislatures who will differ from your “predictuon”!

[@F3dB3aR]

Duh!!!!

[@markhalstead2386]

The Virginia legislature will not let Virginia leave without Virginia Tech. It is the same in North Carolina with UNC and NC State.

[@shaunclemtiger]

I don't see the Big 10 wanting UVA. They are a bottom feeder in football.

[@coachcole7463]

@@shaunclemtigerI agree. I see UVA being a dilution to the conference

[@Heronva]

Anything new? This was full of fluff-regurgitation… news already told

[@spinnycat9531]

Im absolutely not a lawyer, and im not an expert. But i think the settlement should be determined based on this. If Espn/Fox is going to give full shares immediately to FSU, Clemson, then that means that the ACC deal is not going to be picked up shortly. Now the ACC has a deal until 2036, so if their 2 most valuable brands leave, there has to be a renegotiation. It obviously will be a lot less, and the settlement should be the overall difference between the new deal, and how much each school lost because of this. If i were a school like WF, or NC state, i would go scorched earth! FSU and Clemson actually signed a contract, and damages need to be paid. I hope they both get raked over the coals!!

[@SurferRC]

The acc is in the wrong here keep watching

[@chrisg4931]

Good! Leave already and pay your way!

[@jameshhenderson8243]

Speculation to the nth degree. The ACC will be fine.

[@skyskyf]

it just will never grow bigger than it is now

[@marcusmatthews8255]

This was stupid. Try to become a basketball conference. The big east?

[@jamesward2042]

You obviously know nothing about law. And your comprehension is even more suspect.

[@bmw2003ful]

You all are not getting out of that anytime soon... Unless you fork out the fortune of money.

[@505premoto]

For real? Why pay full price when you can get out for half? They will.

[@rx2878]

Ambulance Chasing disinformation monger.

[@505premoto]

You say the same thing every day. It’s given that you hate FSU and that’s okay but at least try something else.

[@FedReserve1913Scam]

This is laughable. If Florida State & Clemson don’t have to honor the contracts they voluntarily became part of, then all present and future contracts between schools, conferences, and TV partners are null & void and can be terminated at any point in time.

[@stischer47]

Contracts are not worth the paper they are written on, if you have enough money and know the right people. Wake up.

[@CarlAdams-lc6oz]

People break contracts all the time. It results in litigation, and settlements.

[@shallojalloh]

Who from fsu or clemson touched you?

[@FedReserve1913Scam]

Unless the judge is a complete moron or compromised due to bias, all contracts should be honored. It’s the entire point of a contract.

[@ronaldduke1521]

There is no slavery in this country. You can't command production but you can determine damages for breaking the contract.

[@jimmyjam5453]

Translation, FSU and Clemson are not going anywhere within the next 3 years.

[@Paxton941]

Did you listen to the segment?

[@noles9998]

Translation I pray to God this doesn’t happen cause I know the party is over.

[@jcfilms4433]

LOL why 3 years?

[@jimmyjam5453]

@@jcfilms4433 2027 is the last year before the extension... extension probably won't happen and court case will last at least a year plus, then the 1 year notice FSU would give ... that's about 3 years.

[@Almighty5-ww1kl]

I always thought FSU last season in ACC would be 26

[@teeduck]

No where to go. Big ten sec. ARE closed.

[@shallojalloh]

Fox has already approved FSU for pro rata. Sorry, not sorry, that ur ducks were only approved for half shares lol. Sounds like a personal problem

[@ScottyDuke-kc7uc]

Fsu has already spoke to the big 10 and the big 10 told FSU that they have a spot them

[@teeduck]

@@shallojalloh huh. ?! How much the University gets doesn’t affect me personally .

[@teeduck]

@@ScottyDuke-kc7uc they need the votes. West Coast teams will keep them out. FSU might get a big 12 invite though.

[@mikemulrennan7948]

Bs