Big 12 Send Cease and Desist to ESPN

[AuH2O]

Assuming all the facts in the letter are correct it’s not enough to go to court with.

They aren't going to present evidence in a Cease and Desist letter or a formal response. I'm not sure what facts there even are in the two letters. It's Bowlsby saying you did something wrong and ESPN saying they didn't. But at this point I'm not sure how any of us can say there is a great case or no case. We just don't know what Bowlsby has.

While I overwhelmingly expect this to get settled, IF it made it to court I certainly wouldn't be surprised if the result was that UT and OU were compelled by ESPN to talk to the SEC, they didn't notify the other teams, so the GoR cash gets paid, and the rest of the members have the ability to then go their own way and dissolve immediately after without recourse by OU and UT. And that's that.

Where it could get messy would be if UT and/or OU were part of negotiations with ESPN on behalf of the Big 12 while there is proof they were in active discussions with the SEC to join without disclosing that to the rest of the Big 12. Then they have every motivation to torpedo those negotiations.

 

[Cyclones1969]

They aren't going to present evidence in a Cease and Desist letter or a formal response. I'm not sure what facts there even are in the two letters. It's Bowlsby saying you did something wrong and ESPN saying they didn't. But at this point I'm not sure how any of us can say there is a great case or no case. We just don't know what Bowlsby has.

While I overwhelmingly expect this to get settled, IF it made it to court I certainly wouldn't be surprised if the result was that UT and OU were compelled by ESPN to talk to the SEC, they didn't notify the other teams, so the GoR cash gets paid, and the rest of the members have the ability to then go their own way and dissolve immediately after without recourse by OU and UT. And that's that.

Where it could get messy would be if UT and/or OU were part of negotiations with ESPN on behalf of the Big 12 while there is proof they were in active discussions with the SEC to join without disclosing that to the rest of the Big 12. Then they have every motivation to torpedo those negotiations.

i was confused by that assertion as well. They’re not going to document all the information they were given in a publicly released statement

and bowlsby wouldn’t have issued the letter without having conference legal department input.

who knows, maybe @Halincandenza is part of the big 12 counsel, and is trying to soften the blow for everyone. If they are, it’s weird they’re posting here though

 

[NebraskaCyclone]

Has there ever been any sort of lawsuit close to this in any other sport? This seems new territory. Other than team TexOUdus (Texas, OU, SEC, ESPN) everyone else ought to be behind Bowlsby if what he claims is true. Just might save the college game depending on the ramifications.

 

[Postel16]

I have seen nothing for a court case at this point. AAC didn’t actually take teams away. Conference is still together and contract remains in place. This will end with a settlement with OU and Texas paying to get out of the league.

Here's the thing tex n ok already violated the conference bylaws by actively plotting to better position themselves (without telling the league) resulting in actual detriment to said league both financially and in standing. If ESPN orchestrated this they are very much legally liable because they actively sought to destroy their current contract with the league. That doesn't even include the liability of other lawsuits from our other media contracts. You can't just interfere with another entity that your in a contract with that literally the definition of Tortious interference. the legal term that describes an intentional interference with contractual relations. The definition of tortious interference includes the wrongful interference in a business relationship which helloooo is exactly what they did.

 

[BWRhasnoAC]

Maybe they turn and testify against ESPN.

Maybe if they have some really damning information but I doubt it. Don't bite the money man, that's rule #1 in America.

 

[Cloneon]

Maybe if they have some really damning information but I doubt it. Don't bite the money man, that's rule #1 in America.

IMO, it's this or bust for ESPN. They're too highly leveraged.

 

[Urbandale2013]

Ok so obviously we are all pissed about all of this from a fan perspective but can ESPN people stop making thins whole situation worse. I love my Disney stock but stuff like this is damaging the company a ton. My question is when do the Disney people step in and do damage control for ESPN?

 

[cyclones500]

Ok so obviously we are all pissed about all of this from a fan perspective but can ESPN people stop making thins whole situation worse. I love my Disney stock but stuff like this is damaging the company a ton. My question is when do the Disney people step in and do damage control for ESPN?

When it comes to expanded playoff, I could imagine SEC pitching something like this: Conference is divided into 4 quads/pods, winner of each gets a bid to the playoff (seeding process of the full field would remain intact based on ranking). So league is guaranteed 4 (and could get an at-large on top of it if there's no bid limit). Otherwise it demands to keep playoff at 4 or no more than 6.

Sure, other leagues could make the same type of demand, but outside of B1G nobody would bend over for it. "The Network" would sign off on SEC proposal in a microsecond.

 

[heitclone]

Ok so obviously we are all pissed about all of this from a fan perspective but can ESPN people stop making thins whole situation worse. I love my Disney stock but stuff like this is damaging the company a ton. My question is when do the Disney people step in and do damage control for ESPN?

I actually don't like limiting the conferences but with the current format for deciding the playoff, you almost have to limit it. Too much ESPN influence on the committee to make unbiased decisions.

People didn't love it but the BCS was much less biased. Just use something similar to find the top 12 teams, remove the human influence, it's too easily corrupted.

 

[knowlesjam]

When it comes to expanded playoff, I could imagine SEC pitching something like this: Conference is divided into 4 quads/pods, winner of each gets a bid to the playoff (seeding process of the full field would remain intact based on ranking). So league is guaranteed 4 (and could get an at-large on top of it if there's no bid limit). Otherwise it demands to keep playoff at 4 or no more than 6.

Sure, other leagues could make the same type of demand, but outside of B1G nobody would bend over for it. "The Network" would sign off on SEC proposal in a microsecond.

Which is why the other conferences, especially the Big 12, ACC, and PAC, are going to turn down the expanded playoff's as a big f u to the SEC. It would be glorious...ESPN has to pay out more, the SEC gets the same number of playoff teams (1 or 2), and OU/Texas basically eliminate their playoff opportunities. You get your money, but your programs become irrelevant.

 

[Cyclonepride]

Which is why the other conferences, especially the Big 12, ACC, and PAC, are going to turn down the expanded playoff's as a big f u to the SEC. It would be glorious...ESPN has to pay out more, the SEC gets the same number of playoff teams (1 or 2), and OU/Texas basically eliminate their playoff opportunities. You get your money, but your programs become irrelevant.

I have been advocating for an expanded playoff all along, but I'd enjoy the **** out of that.

 

[clonehome]

I have seen nothing for a court case at this point. AAC didn’t actually take teams away. Conference is still together and contract remains in place. This will end with a settlement with OU and Texas paying to get out of the league.

I don’t think the AAC has to take teams away. All it takes for a valid court case is for ESPN to have engaged in conversations with the AAC or its member schools to do so. If Bowlsby has or thinks he can obtain that info through subpoena then this could very much result in a lawsuit. We’ve all seen the economic impact articles so the lawsuit will be a huge number, likely multiple billion. Whether it goes to court would then depend on Disney’s desire to litigate (it’s over ESPN’s head if it gets to that point) or settle for something less than the ask.

Based on everything I’ve read so far I think it’s impossible to speculate what info Bowlsby has or thinks he can acquire. And you can’t discern anything from ESPN’s curt response, which seems to be a lot of posturing. In this regard I agree with Chris Williams that the less we hear from Pollard and the Big 12 is likely better. I’m sure they are probing and I’m sure ESPN is deleting emails and telling everyone involved to stop communicating despite their response to the cease and desist.

 

[CyLyte2]

I don’t think the AAC has to take teams away. All it takes for a valid court case is for ESPN to have engaged in conversations with the AAC or its member schools to do so. If Bowlsby has or thinks he can obtain that info through subpoena then this could very much result in a lawsuit. We’ve all seen the economic impact articles so the lawsuit will be a huge number, likely multiple billion. Whether it goes to court would then depend on Disney’s desire to litigate (it’s over ESPN’s head if it gets to that point) or settle for something less than the ask.

Based on everything I’ve read so far I think it’s impossible to speculate what info Bowlsby has or thinks he can acquire. And you can’t discern anything from ESPN’s curt response, which seems to be a lot of posturing. In this regard I agree with Chris Williams that the less we hear from Pollard and the Big 12 is likely better. I’m sure they are probing and I’m sure ESPN is deleting emails and telling everyone involved to stop communicating despite their response to the cease and desist.

I think one or more schools got something in writing from ESPN on the AAC deal and that would pretty much seal the deal.

 

[Cyclones1969]

I think one or more schools got something in writing from ESPN on the AAC deal and that would pretty much seal the deal.

There is no way that the big 12 legal department would have allowed bowlsby to state he had proof, if he didn’t.

Of course the 8 remaining schools are working on their own to find the best possible outcomes for themselves, but they wouldn’t sign on to this if they didn’t have anything. University legal counsels wouldn’t allow that.

 

[BWRhasnoAC]

Ok so obviously we are all pissed about all of this from a fan perspective but can ESPN people stop making thins whole situation worse. I love my Disney stock but stuff like this is damaging the company a ton. My question is when do the Disney people step in and do damage control for ESPN?

I think that moment is coming soon. Unless they are the ones being so brazen behind the scenes of all this. If it keeps escalating and keeps getting dirtier, then I think eventually Congress will step in. This thing just reeks of Anti Trust.