This is the most legal analysis I've done in months.
Unlv & Air Force in contact w/AAC
- Thread starter Rosegreen1
- Start date
I don't disagree..
But wait for what?
The problem in this whole scenario is there are a lot of promises being made on one side (PAC media deal etc)
And a lot of assumption on the other (We have all this money now so surely surely the BIG12 will take us this time. No way we'll still be playing football against SW Texas School of Kinesiology. There's no way that our basketball team will be playing on courts that also have volleyball lines on them forever.
The waiting is dangerous. There is absolutely no way that we wait 2 years before a new MW contract is made. If we end up staying and resign that contract, it better be before the NEW media contract. It may be weeks. I can see the MW grabbing UTEP and NMSU and stopping there at 10. Getting a new contract and calling it a day. Then talking with AAC for some sort of cross conference championship game or something.
But even then, we will be looking at higher exit fees and hope the Big 12 comes calling in 2 years But at least no poaching fee. Saying no now may not fully burn the PAC 12 bridge, but it would definitely be smoking.
Then we hope that the AAC may still want us to travel across country for less money than what we would have gotten with the PAC?
The longer we wait this season, the higher potential our media value gets. So in a way, the PAC should want us to wait as well. Because they can come in with our metrics this season and drive up our value, and by proxy the full PAC 12 media value.
It seems that the hold up with UNLV is our market share. But if we can show them near top of the league TV numbers then they may have to change their assessment.
It is a huge risk, but we use that money to pay coaches and for NIL for bball and fball. Keep the winning going and get into a conference with just us and Georgia.
Ahhhh, so THAT'S why they added Utah State
This was pretty much what I have been getting at also. The MWC is currently in a media deal, and UNLV will continue to make around $5-6 million per year for the next 2 years, as they typically do. Then, in 2 years, when those other schools leave, UNLV would get their cut from the $85 from the schools that are leaving.
On top of that is this poaching penalty stuff that the PAC is suing the MWC over. The fee is $10 million per school, plus $500,000 extra for each one after the first.
So 10, then 10.5, then 11, etc. If that's correct, with the 5 schools leaving would now be a fee of $55 million. That 55 million is supposed to be paid within 30 days of making an announcement. So per contract, the MWC should have that money in the next month.
I don't know how the MWC spends that money, or what the stipulations are for dispersing it though. Does it go directly into the hands of the remaining schools? I doubt it. But either way, the MWC 'should' be in line to receive $140,000,000 within the next 2 years. That's a lot of money.
In my ideal world, we would stay in the conference for at least 2 years, while it's still the same schools. In that time, be working towards getting into either the PAC, the AAC, or the Big12. In the meantime, the MWC will be trying to get a new media deal negotiated, which I would assume would much smaller than the current one. If that's the case, the cost to leave the conference should go down significantly also.
But a lot of my thoughts on this are just speculation because we don't know the terms of any of this stuff.
1. What offer is the PAC making to UNLV?
2. How much is the MWC offering UNLV to stay?
3. If we stay, what are the terms for distributing the $140 million over the next 2 years?
It's highly contradictory.
1) It is strategic, in a way. The payment was due 30 days after a school left. They had to bring it now. That's not the strategy. The strategy is to get the MWC to take less than what they are owed under the contract
2) If money damages are being sought, then I would agree you would rather be on the party suing than the party being sued. This is not that type of lawsuit. It is a lawsuit asking a judge to say poaching fees are unenforceable. In this instance, it is probably better to be the MWC.
3) "It also has to be emphasized that the Pac-12 signed the scheduling agreement with the MWC in good faith." Is a throw away line and means nothing. It actually is evidence that the poaching fee should be enforced. I.e., the Pac12 knowingly and willingly entered this contract.
4) "Its suit is much like that of FSU and Clemson v ACC trying to get out of grant of rights claiming exit fees are "exorbitant." is not really that true. Pac12's lawsuit is not saying the fees are too high, but a) that they were in financial distress and forced into a contract; aka the mean MWC took advantage of us, and b) the MWC is already being compensated by the $17M exit fees the schools are paying for leaving.
TBH, the MWC has the law on it's side.
You could have saved yourself time and just said 'mostly horse poop'. You think I understood any of that explanation..🤣
I forgot about USU, so the MW would likely need a third team to get to 10. Which would likely mean a FBS call up or Texas State or Sam Houston state or something.
Again Expect the exit fees to be about half. So 9 mil for 5 teams is 45 milly. So a good round number if the PAC lawsuit fails is 100 mil for the MW if no one else leaves.
Some of that would be used to bring new teams in. But hopefully that won't be too expensive.
How much of that is distributed to the teams? Really hard to say. The league will likely hold on to most to protect them from the next raiding. I can see them sharing the poaching fee
What I am saying is that we shouldn't count on UNLV netting a 6th or 7th of 140 million which would be 23 mil. It will likely not be a 6th of 100 mil either.
So yes, staying will get us some money. But it won't be 30. If we sign we are guaranteed the 10, but beyond that?
I don't know the inner workings of these conferences. Does the commissioner of each conference have full control over the decisions on when and how much to release of this money? What's the point of having a boat load of money sitting in the conference war chest if the schools in the conference aren't able to benefit from it?
That would actually be a reason for the remaining MWC members to vote to dissolve the conference. Let the dust settle on the 5 schools leaving (or 6 if another commits to the PAC), then agree that in 2 years, you vote to dissolve and distribute all the money.
It would be foolish for the conference to fully distribute the funds if they want to survive. Only if they were planning to dissolve which seems very unlikely. If they go out grab more teams you KNOW that ain't happening.
Depends. There is still the $65m from the 5 exiting schools’ exit fees.
What's great is that in another 4 years we will likely have threads discussing how the folks that said moving to the PAC were idiots because something goes sideways or we're stuck playing some Directional Texas school in basketball with a pile of money and no B12 invite wasting away in the 6th best G6 conference.
YES DO THE RIGHT THING WYOMING! LEAVE THE CONFERENCE SO IT DISSOLVES!
(Joking. Kinda)
Not going to lie. That's a pretty fun looking football conference.
One thing I forgot about this entire fiasco, the world is on fire and UNM is doing all this without an AD.
Hahahahahahjajajajahahahajajajahahahjahahaha(infinity)
Hahahahahahjajajajahahahajajajahahahjahahaha(infinity)
Maybe that's why UNM hasn't been called...no one knows who to dial and it just goes to lobo volleyball ticketing
I understand that the Pac makes sense in the short term. With how slimy their leadership is, I can’t say its a viable thing to be a part of year 3. I would equate the pac to dirty politician, or a sleazy used car salesman. Nothing about this feels right.
I think and @Jason Kelly said this in his podcast yesterday, there is a huge lack of trust and therefore UNLV is hesitant to enter an agreement with them. We know the MWC brand, the leadership, etc... assuming they're upfront with..
The original two are a PITA, SDSU loathes UNLV … it goes beyond sports.
You know he’s puffing his chest right now since he gets to lawyer again.
Reagan, you do you!!!
And thank goodness we have Reagan around, he made it understandable
Dammit! I wish the Big 12 would step in, offer UNLV + one other just to screw the PAC
No joke I'd be totally cool if the AAC said
'Hey Gloria want to do a super conference merger thing?'
'Like all of us?'
'Yep'
'Even Reno?'
*sigh*
'Yes even Reno'.
'Will I be commissioner?'
'Assistant to the commissioner'
'Assistant commissioner! That works!'
'No, Assistant to the commissioner'
I'd be 100% on board.
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Looks like Hawaii is ready to jump to the PAC. Surprised that Hair Thompson is now out lobbying for the destruction of the MWC.
We turn down the PAC again and they’ll just move on and invite someone else. Eventually UNLV will realize their mistakes after it’s too late.
Conference down to 6 if that happens.
Anybody else feeling a CUSA merger in the works?
@reagan21 has given excellent insight! No arguments from me.
I was pro-AAC until I realized how mediocre their basketball league is. Actually, that may be an advantage for us so maybe I'm pro-AAC again.
One question about the payout of the exit fees, poaching fees, etc. - Are conference teams legally allowed to receive those funds after the money is given to the league? Maybe that's why UNLV is waiting to make a decision. Why not take the $$ and use it as our exit fees?
This makes sense to me but is it realistic legally?
This makes sense to me but is it realistic legally?
that's what I have been talking about too. If UNLV decides in 30 days, are those exit fees paid out to the remaining schools? Or is the MWC going to hold onto them?
At this point the Pac 12 isn't using Metrics.. Hawaii is one of the toughest conference mates you can have. Travel sucks, TV deals suck, school struggles with $ to invest in programs.. makes no sense to have cash partial member if your whole intent was a leaner MW...
Who would have guessed our starting QB would announce he's leaving the conference before UNLV did. 🤣
Sorry for stealing your idea. I couldn’t read every page on here.
The exit fees from the schools leaving aren’t due until the effective date of their departure. However, all media rights payments from departing schools are withheld during the interim period (time they announce until the effective date) to be used to pay those exit fees.
According to what I’ve read in the bylaws those media rights payments are made on June 1st of each year. Right now those 2 payments from the 5 schools are the only somewhat guaranteed money to be paid to the conference.
Everything else will be litigated.
LOL, not stealing my idea at all. We're just thinking along the same lines, I like it.
