The judge's decision in Oregon State/Washington State vs. the Pac-12 is in.
— Stewart Mandel (@slmandel) November 15, 2023
In favor of the OSU/WSU.
"Oregon State and Washington State will be the sole members of the board."
The judge's decision in Oregon State/Washington State vs. the Pac-12 is in.
— Stewart Mandel (@slmandel) November 15, 2023
In favor of the OSU/WSU.
"Oregon State and Washington State will be the sole members of the board."
I Bear said:
CAL n furd in the ACC is not sustainable, they need to come back west, bring in San Diego, Fresno, Boise n San Jose, pick off some teams from the B12 and now you have a new PAC 12!
I Bear said:
CAL n furd in the ACC is not sustainable, they need to come back west, bring in San Diego, Fresno, Boise n San Jose, pick off some teams from the B12 and now you have a new PAC 12!
How can a ruling from a rural hick county from a judge who is a member of a WSU alumni association decide other schools fate across state lines? Isn't there some sort of federal or California law that could complicate matters. Is it really that simple from a legal perspective? Way too simple at this point.Strykur said:The judge's decision in Oregon State/Washington State vs. the Pac-12 is in.
— Stewart Mandel (@slmandel) November 15, 2023
In favor of the OSU/WSU.
"Oregon State and Washington State will be the sole members of the board."
Well I think that is definitely the position of the rest of the PAC 12 - and they are going to drag this out as long as possible, to crater whatever possibilities that they have to move forward as the PAC 2. But getting a federal judge to rule this week may be tough.GOLDEN said:How can a ruling from a rural hick county from a judge who is a member of a WSU alumni association decide other schools fate across state lines? Isn't there some sort of federal or California law that could complicate matters. Is it really that simple from a legal perspective? Way too simple at this point.Strykur said:The judge's decision in Oregon State/Washington State vs. the Pac-12 is in.
— Stewart Mandel (@slmandel) November 15, 2023
In favor of the OSU/WSU.
"Oregon State and Washington State will be the sole members of the board."
GOLDEN said:How can a ruling from a rural hick county from a judge who is a member of a WSU alumni association decide other schools fate across state lines? Isn't there some sort of federal or California law that could complicate matters. Is it really that simple from a legal perspective? Way too simple at this point.Strykur said:
That is what I was thinking in my earlier post, the risks. It seems way too simple tonight and is wrought with legal entanglements all over the place. I could see it a war of legal and financial attrition and CAL has to be in on the defensive legally now or be liable for the decisions financially made by the two. They could say Pac-10 your assuming the Comcast debt. We voted for the rest to pay up. It puts CAL in a bad position.HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Comcast debt is probably already paid off. They have reduced payment to the PAC 12 this year by the debt amount. It was only 55 million.HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
I don't think they can afford to stash it. They have MWC payouts to offer now. I wonder who gets offers and who gets left out.BearSD said:HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Unless all 12 schools enter into a written agreement that confirms each is equally responsible to pay liabilities of the conference that arise before August 2, 2024, OSU and WSU should stash a lot of the Pac revenue, probably more than $100 million, in an account to make sure there's enough money to pay anything that has to be paid after the departing 10 leave.
Otherwise, the departing schools might say next year, "We're not in the Pac any more, so we aren't going to pay any of those Pac debts."
And yes, one would hope that Cal and the other departing schools have already anticipated that, no matter how this lawsuit is resolved, their 2023-24 distributions from the Pac will be far less than normal.
GOLDEN said:I don't think they can afford to stash it. They have MWC payouts to offer now. I wonder who gets offers and who gets left out.BearSD said:HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Unless all 12 schools enter into a written agreement that confirms each is equally responsible to pay liabilities of the conference that arise before August 2, 2024, OSU and WSU should stash a lot of the Pac revenue, probably more than $100 million, in an account to make sure there's enough money to pay anything that has to be paid after the departing 10 leave.
Otherwise, the departing schools might say next year, "We're not in the Pac any more, so we aren't going to pay any of those Pac debts."
And yes, one would hope that Cal and the other departing schools have already anticipated that, no matter how this lawsuit is resolved, their 2023-24 distributions from the Pac will be far less than normal.
IMO, MWC dissolution would be messy, because the left-out MWC members, who would be even more scrooed than OSU/WSU are now, would sue, using any legal theory they can imagine. They'd tie the dissolution up in court. That would be a lot of hassle just to try and exclude 3 or 4 of the MWC teams from a new version of the Pac. The schools that want to dissolve might decide that it's too much hassle to go through for just the possible benefit of avoiding future trips to Laramie, Logan, and Albuquerque.calumnus said:GOLDEN said:I don't think they can afford to stash it. They have MWC payouts to offer now. I wonder who gets offers and who gets left out.BearSD said:HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Unless all 12 schools enter into a written agreement that confirms each is equally responsible to pay liabilities of the conference that arise before August 2, 2024, OSU and WSU should stash a lot of the Pac revenue, probably more than $100 million, in an account to make sure there's enough money to pay anything that has to be paid after the departing 10 leave.
Otherwise, the departing schools might say next year, "We're not in the Pac any more, so we aren't going to pay any of those Pac debts."
And yes, one would hope that Cal and the other departing schools have already anticipated that, no matter how this lawsuit is resolved, their 2023-24 distributions from the Pac will be far less than normal.
Unless they:
1. Offer a majority of the MWC who then vote to dissolve the conference, eliminating the buyouts.
2. Merge with the MWC into one conference.
3. Form an alliance with the MWC where teams are promoted to the PAC-12 and relegated to the MWC.
4. Form an alliance with the MWC where they play as a the Pac-2 for a year or two with a scheduling agreement before merging.
BearSD said:IMO, MWC dissolution would be messy, because the left-out MWC members, who would be even more scrooed than OSU/WSU are now, would sue, using any legal theory they can imagine. They'd tie the dissolution up in court. That would be a lot of hassle just to try and exclude 3 or 4 of the MWC teams from a new version of the Pac. The schools that want to dissolve might decide that it's too much hassle to go through for just the possible benefit of avoiding future trips to Laramie, Logan, and Albuquerque.calumnus said:GOLDEN said:I don't think they can afford to stash it. They have MWC payouts to offer now. I wonder who gets offers and who gets left out.BearSD said:HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Unless all 12 schools enter into a written agreement that confirms each is equally responsible to pay liabilities of the conference that arise before August 2, 2024, OSU and WSU should stash a lot of the Pac revenue, probably more than $100 million, in an account to make sure there's enough money to pay anything that has to be paid after the departing 10 leave.
Otherwise, the departing schools might say next year, "We're not in the Pac any more, so we aren't going to pay any of those Pac debts."
And yes, one would hope that Cal and the other departing schools have already anticipated that, no matter how this lawsuit is resolved, their 2023-24 distributions from the Pac will be far less than normal.
Unless they:
1. Offer a majority of the MWC who then vote to dissolve the conference, eliminating the buyouts.
2. Merge with the MWC into one conference.
3. Form an alliance with the MWC where teams are promoted to the PAC-12 and relegated to the MWC.
4. Form an alliance with the MWC where they play as a the Pac-2 for a year or two with a scheduling agreement before merging.
Reportedly OSU/WSU have been trying to get a scheduling agreement with the MWC, and the MWC has held firm on offering scheduling help only if OSU/WSU agree that after the first two years, they will either join the MWC or invite the entire MWC to join the Pac.
Dan Wetzel reported that OSU/WSU reached out to the Sun Belt, and possibly other G-5 conferences, with no success, to try to get a 2024-25 scheduling agreement without the condition of being forced to eventually join.
The OSU AD said after the hearing today that they'd have a 2024 football schedule in place shortly after the end of OSU's season. That gives them until the end of December, because OSU will be playing in a bowl game.
Yes, other schools (only Udub was actually a party to this matter) will challenge in more friendly venues, resulting in a mess that a federal court (probably in bankruptcy) or California where the entity that is the Pac is domesticated, have the final say.GOLDEN said:How can a ruling from a rural hick county from a judge who is a member of a WSU alumni association decide other schools fate across state lines? Isn't there some sort of federal or California law that could complicate matters. Is it really that simple from a legal perspective? Way too simple at this point.Strykur said:The judge's decision in Oregon State/Washington State vs. the Pac-12 is in.
— Stewart Mandel (@slmandel) November 15, 2023
In favor of the OSU/WSU.
"Oregon State and Washington State will be the sole members of the board."
I Bear said:
pick off some teams from the B12
Get the coaches to all chip in to hire counsel, maybe even the players.BearoutEast67 said:
The court decision won't hold up outside of a Washington or Oregon courtroom. It'll be a different discussion at a Federal appeals level.
SonomanA1 said:
If OS and WS join another conference, does that mean no one is in charge of the Pac?
Just because the departing schools may not have the right to participate in the board or may not have a say on board decisions does not mean they are forsaking their right to their interest in any net assets or can walk away from their liabilities that preceded their departure. If OSU and WSU, as sole members (again not sole owners) engaged in self-dealing and took all the assets for themselves, they would be in breach of their fiduciary duties as members of the board to the owners of the assets. The big debate is who decides how to balance the assets with existing and contingent liabilities and makes decisions on allocation of capital and funding of reserves in escrow.BearSD said:HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Unless all 12 schools enter into a written agreement that confirms each is equally responsible to pay liabilities of the conference that arise before August 2, 2024, OSU and WSU should stash a lot of the Pac revenue, probably more than $100 million, in an account to make sure there's enough money to pay anything that has to be paid after the departing 10 leave.
Otherwise, the departing schools might say next year, "We're not in the Pac any more, so we aren't going to pay any of those Pac debts."
And yes, one would hope that Cal and the other departing schools have already anticipated that, no matter how this lawsuit is resolved, their 2023-24 distributions from the Pac will be far less than normal.
Either dissolved or put into BK, depending on the size of the contingent liabilities.SonomanA1 said:
If OS and WS join another conference, does that mean no one is in charge of the Pac?
Under the Bylaws, the Board has the right to change allocations of revenues among teams, not to mentioncalbear93 said:Just because the departing schools may not have the right to participate in the board or may not have a say on board decisions does not mean they are forsaking their right to their interest in any net assets or can walk away from their liabilities that preceded their departure. If OSU and WSU, as sole members (again not sole owners) engaged in self-dealing and took all the assets for themselves, they would be in breach of their fiduciary duties as members of the board to the owners of the assets. The big debate is who decides how to balance the assets with existing and contingent liabilities and makes decisions on allocation of capital and funding of reserves in escrow.BearSD said:HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Unless all 12 schools enter into a written agreement that confirms each is equally responsible to pay liabilities of the conference that arise before August 2, 2024, OSU and WSU should stash a lot of the Pac revenue, probably more than $100 million, in an account to make sure there's enough money to pay anything that has to be paid after the departing 10 leave.
Otherwise, the departing schools might say next year, "We're not in the Pac any more, so we aren't going to pay any of those Pac debts."
And yes, one would hope that Cal and the other departing schools have already anticipated that, no matter how this lawsuit is resolved, their 2023-24 distributions from the Pac will be far less than normal.
Any board member that shifts revenues that is currently equally divided among the members to benefit only them is subject to breach of duty of loyalty and obligation to act in good faith.wifeisafurd said:Under the Bylaws, the Board has the right to change allocations of revenues among teams, not to mentioncalbear93 said:Just because the departing schools may not have the right to participate in the board or may not have a say on board decisions does not mean they are forsaking their right to their interest in any net assets or can walk away from their liabilities that preceded their departure. If OSU and WSU, as sole members (again not sole owners) engaged in self-dealing and took all the assets for themselves, they would be in breach of their fiduciary duties as members of the board to the owners of the assets. The big debate is who decides how to balance the assets with existing and contingent liabilities and makes decisions on allocation of capital and funding of reserves in escrow.BearSD said:HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Unless all 12 schools enter into a written agreement that confirms each is equally responsible to pay liabilities of the conference that arise before August 2, 2024, OSU and WSU should stash a lot of the Pac revenue, probably more than $100 million, in an account to make sure there's enough money to pay anything that has to be paid after the departing 10 leave.
Otherwise, the departing schools might say next year, "We're not in the Pac any more, so we aren't going to pay any of those Pac debts."
And yes, one would hope that Cal and the other departing schools have already anticipated that, no matter how this lawsuit is resolved, their 2023-24 distributions from the Pac will be far less than normal.
the timing of cash flow distributions to members. That is not going to sit well with the other 10 members who are actually out there generating revenues.
Agree with your last sentence. Absent a deal with OSU and WSU and the other 10 members, my sense is that the leaving members force the Pac into BK so there is an orderly distribution of assets and the lawsuits and claims are stayed until they are figured out. What that means for OSU and WSU is hard to say. WSU and OSU if they want to remain as the Pac 2, have bigger issues, such as developing team schedules, getting a TV contract, etc.
9 of the departing teams were not brought under this court's jurisdiction, and will file for restraining orders in more friendly jurisdictions. The most likely court to decide governance will be in California, as the Pac entity is a California nonprofit, which puts it under the rules set by the CA attorney general and subject to all sorts of statuary fiduciary duties, as I suspect the Judge in Washington may soon find out.Beaverdreams2 said:
Of course it'll be appealed. Pac 2 expects that. But legal appeals can't introduce any new or additional evidence/information and must show an error in the original decision. That's probably why he let the former Pac 10 ramble on as long as they wished. I'm pretty sure, under his folksy demeanor, Judge Libey ain't no fool.
So some schools, we don't yet know which, want to put OSU and WSU in a vice and turn the crank.Quote:
Not all 10 outbound schools have taken the same approach to the lawsuit. According to a source, there are hardliners within the group that prevented the two sides from reaching a settlement through mediation.
Your first assertion is a debatable, and more importantly doesn't look at the reason the Pac 2 schools switch the money around to be able to apply any analysis. For example, NCAA post season basketball revenues come in on a delayed basis. Want to take a shot at explaining how to divide those revenues when the 10 of the teams that competed are no longer members of the conference, other than make some sort of general statement? There are presently set rules to start with, which can be changed and interpreted by the Board. This can't be reduced to a simple assertion, but I will concede that there are a lot of fiduciary issues at play, and then there is the CA attorney general jurisdiction over CA non-profits. This could become very complicated absent a deal between the 12 teams.calbear93 said:Any board member that shifts revenues that is currently equally divided among the members to benefit only them is subject to breach of duty of loyalty and obligation to act in good faith.wifeisafurd said:Under the Bylaws, the Board has the right to change allocations of revenues among teams, not to mentioncalbear93 said:Just because the departing schools may not have the right to participate in the board or may not have a say on board decisions does not mean they are forsaking their right to their interest in any net assets or can walk away from their liabilities that preceded their departure. If OSU and WSU, as sole members (again not sole owners) engaged in self-dealing and took all the assets for themselves, they would be in breach of their fiduciary duties as members of the board to the owners of the assets. The big debate is who decides how to balance the assets with existing and contingent liabilities and makes decisions on allocation of capital and funding of reserves in escrow.BearSD said:HoopDreams said:
I've read a few articles on this but don't know all the facts and law, but based on these articles it seems academic. OSU and WSU will ultimately win.
What I want to know is:
1. How will the Comcast debt be handled?
2. How will the share of Prior Bowl/NCAA tournament payouts be handled?
3. Is the Pac12 Network assets a net positive or net negative, and by how much?
Basically, how much $ benefit could OSU/WSU get once the legal battles end with their victory?
And my final question: how was this risk factored into Cal's budget forecasts?
Unless all 12 schools enter into a written agreement that confirms each is equally responsible to pay liabilities of the conference that arise before August 2, 2024, OSU and WSU should stash a lot of the Pac revenue, probably more than $100 million, in an account to make sure there's enough money to pay anything that has to be paid after the departing 10 leave.
Otherwise, the departing schools might say next year, "We're not in the Pac any more, so we aren't going to pay any of those Pac debts."
And yes, one would hope that Cal and the other departing schools have already anticipated that, no matter how this lawsuit is resolved, their 2023-24 distributions from the Pac will be far less than normal.
the timing of cash flow distributions to members. That is not going to sit well with the other 10 members who are actually out there generating revenues.
Agree with your last sentence. Absent a deal with OSU and WSU and the other 10 members, my sense is that the leaving members force the Pac into BK so there is an orderly distribution of assets and the lawsuits and claims are stayed until they are figured out. What that means for OSU and WSU is hard to say. WSU and OSU if they want to remain as the Pac 2, have bigger issues, such as developing team schedules, getting a TV contract, etc.
I don't think OSU and WSU are trying to shift revenue allocation to them. I think they are wanting to see if there is remaining value to the Pac-12 and want the opportunity to allocate capital to keeping the conference going.