The Sunday Pulpit (via Loewy Law Firm): Texas and OU settling with the Big 12 is inevitable

Anwar Richardson

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Apr 24, 2014
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Big 12 commissioner Bob Bowlsby wants everyone to believe Texas and Oklahoma will remain in his league until 2024.

Bowlsby sent out more press releases this past week than the White House to express his displeasure about Texas and Oklahoma leaving the Big 12. He could not believe those programs dared to not tell him they intended to leave. Yes, because everyone informs their boss when they are looking for another job. As if Bowlsby would have written a letter of recommendation to the SEC.

“Dear SEC. Texas and Oklahoma have carried my league for years. I have never tried to enhance my league during my tenure because Texas and OU made my job easy. Heck, I thought about expanding the conference a few years ago, something that could have made the league more exciting. Instead, I chose to keep collecting the checks the Big 12 makes because of these two teams. You guys are getting two great programs. If you add Texas and Oklahoma, it will only enhance your conference. Call me if you need to talk further.”

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Bowlsby is saying everything you expect to hear from a person who never expected his biggest money-makers to leave the Big 12. He stood on the table and reminded the world that Texas and Oklahoma still have a contract with his league. Texas and OU told the Big 12 they want a divorce and Bowlsby wants to keep the house for as long as possible. Yes, Texas and Oklahoma are technically members of the Big 12 for a few more years. Nevertheless, both schools know one thing that Bowlsby is not willing to admit at this moment.

A settlement is inevitable.

Breakups are rarely mutual. One person usually says they are no longer interested in the relationship. The recipient usually does not handle this news well. They have to go through the five stages of grief.

Clearly, Bowlsby has not hit “acceptance” yet.

However, he will.

In fact, the other eight teams will get there as well.

Texas and Oklahoma understand the remaining eight teams in this league may be angry right now, but that hostility cannot last forever. Texas and OU are set for the next 50 years. Heck, maybe the next 100 years. At some point, the other programs need to figure out their futures.

If West Virginia has an opportunity to join the ACC, the Mountaineers will pack their moonshine and go.

If Oklahoma State received an invite from the Pac-12, it would take it before that league realized it signed the Cowboys and not the Sooners.

Every team in this league is examining options right now. Bowlsby may think every current Big 12 team intends to go down with this ship. TCU, Baylor and Texas Tech may not have many options, so those programs may play the wait-and-see game. However, the annual payout for the remaining eight teams will likely decrease in the Big 12’s new television deal. That means if any remaining program has the chance to join a new conference and solidify its financial future, it will happen.

If another team announces it is leaving the Big 12, this league might be the answer to a trivia question one day.

There is one more thing you need to know.

Settlements occur all the time in college football.

No matter what a commissioner initially says, settlements are inevitable.

Here are the reported details of Maryland’s settlement after it left the ACC for the Big Ten (Baltimore Sun):

"The University of Maryland and its partner of 61 years, the Atlantic Coast Conference, finally agreed on the terms of their messy divorce: a mediated settlement, announced Friday, under which the school will pay $31 million of a $52 million exit fee the conference sought.

"The settlement figure is the amount the ACC already has collected by withholding shared conference revenues — without Maryland's consent — to make sure it got at least a portion of what it demanded.

"So after nearly 21 months of litigation in Maryland and North Carolina courts, each side can walk away. Maryland, a founding member of the ACC in 1953, formally joined the lucrative Big Ten Conference on July 1.

"The $31,361,788 settlement and the $52,266,342 exit fee are both steep, relative to other separations in recent years. ACC members approved the exit fee — three times the conference's annual operating budget — in 2012 as schools around the country were bolting for better deals in other athletic conferences.

"In November 2012, Maryland got its own sweetheart offer from the Big Ten and agreed to run off to the richer conference.

"You could certainly say Maryland did not lose this battle," said Kent Meyers, an Oklahoma-based lawyer with sports-related antitrust experience. "They get to go where they want to go and it's going to cost them $30 million, but it could have cost them $50 million."


Here are the details about West Virginia’s settlement when it left the Big East for the Big 12.

"The structure of West Virginia's $20 million settlement with the Big East Conference is detailed in documents obtained from the university Wednesday by the Pittsburgh Post-Gazette through an open records request.

"The settlement includes $2.5 million that West Virginia paid the conference in October when the university announced its intention to leave the Big East and join the Big 12 Conference. That money was partial payment of an exit fee. The rest of the compensation includes a "settlement payment" of $8.5 million, due Friday, and all the university's 2011-12 share of Big East revenue -- mostly from the sale of broadcast rights to football and basketball games -- forecast at $9 million.

"The settlement agreement is 25 pages long and includes a document entitled "Memorandum of Understanding Regarding the Big 12 Transition Fund."

"That part of the document reveals a $10 million deal between the university and the West Virginia University Foundation, Inc., a private entity which raises funds for the university's use. The foundation is giving West Virginia $10 million, half of which will be forgiven. The remaining half is to be paid back with interest.

"What the document does not say, but has been confirmed by a source with knowledge of the litigation between the Big East and West Virginia, is that the foundation money was put up by the Big 12.

"Essentially, West Virginia considers the settlement a victory, sources said, because it was unlikely the university would have seen the estimated $9 million in Big East revenue once the school and conference sued each other."


Here are the details surrounding Pittsburgh leaving the Big East for the Atlantic Coast Conference (AP story):

"Pittsburgh’s bitter breakup with the Big East finally has an official separation date.

"Pitt and the conference announced Wednesday that the school will pay $7.5 million to join Syracuse in leaving the Big East for the Atlantic Coast Conference on July 1, 2013. The Big East reached a similar deal with Syracuse earlier this week.

"The agreement with Pitt includes the $5 million the school already paid after it announced it was switching leagues last September. It also puts an end to an acrimonious split between Big East and one of its longest standing members.

“We are anxious to compete in our final season in the Big East and look forward to an exciting future in the Atlantic Coast Conference,” Pitt athletic director Steve Pederson said in a statement.

"The Big East later Tuesday night confirmed it had dropped its lawsuit seeking $5 million from TCU for on a commitment to join the league and instead joining the Big 12. The conference said in a statement that “TCU has fully discharged its obligations to the Big East ...”

"Conditions of the settlement were not released, but a person familiar with it told The Associated Press the Big East will receive $5 million from TCU. The person spoke on condition of anonymity because no announcement was to be made on the agreement."


Here is Rutgers’ settlement after it left the Big East and joined the Big Ten (via NJ.com)

"Rutgers has reached an agreement with the former Big East to settle a lawsuit over exit fees, campus officials announced Wednesday.

"The two sides had been feuding in federal court over exit fees and other issues related to Rutgers’ decision to leave the Big East to join the Big Ten later this year.

"The settlement will require Rutgers to pay an $11.5 million exit fee — $3.5 million less than the conference originally wanted to bill Rutgers, campus officials said.

"The university has projected that it will make an additional $200 million over the next 12 years by joining the more prestigious and lucrative Big Ten.

"The deal calls for members of the former Big East, now called the American Athletic Conference, to vote to terminate Rutgers’ membership effective July 1, officially clearing the way for the university to move its teams to the Big Ten — a move date that has been assumed since Rutgers was invited to switch conferences."


Those are just a few examples.

Texas and Oklahoma are leaving the Big 12.

Every remaining program is focusing on its future.

Bowlsby can write as many press releases as he wants.

He cannot stop Texas and Oklahoma from leaving.

There will be “One True Champion” in this fight.

A settlement is inevitable.

Funniest Things You Will See This Week

This instant classic is the funniest thing we have seen in years


New York is officially back, baby


I am going to assume he lived (Harley riders never act this immature)


Sports On A Dime

1. Does Kevin Eltife get a statue now or later? Eltife should never have to buy a drink in Texas for everything he has accomplished during his tenure. Well, if somebody buys him drink in Waco or Lubbock, Eltife should pour it out just to be safe. Eltife has solidified the long-term success of this program. He is currently the most influential Longhorn and using his power to make Texas successful in every area. Give that man his roses – or a bottle of his favorite beverage. Eltife is doing the damn thing.

2. Ketch had a fantastic point during a recent video. The Manning’s are an SEC family. Texas’ move to the SEC helps Steve Sarkisian in his recruitment of Arch Manning.

3. As a former Floridian, I grew up in SEC country. I never understood why Texas was not in the SEC. It seemed like a natural spot for the Longhorns. This partnership is overdue. By the way, here is a pro tip. Fly into Jacksonville or Orlando to save money for Florida games. If you fly into Jacksonville, it only takes an hour. If you fly into Orlando, it is a two-hour drive, but you can make it a family trip.

4. I was surprised at the number of Tennessee fans who called me out this week. They believe Tennessee was the only UT around. They are going to be in for a rude awakening pretty soon.

5. Allow me to explain my bad take. I recently said Texas and Texas A&M should renew their rivalry at AT&T Stadium based on how many times many Longhorn fans told me they hated College Station. If you follow my columns, I have wanted this rivalry renewed for years, even though Texas fans hated me talking about it. I thought AT&T Stadium was a compromise. I was wrong. I look forward to the OB tailgate in College Station.

6. Billy is absolutely correct. Anyone trying to recruit at Texas and Texas A&M in the future is going to have problems (please be respectful of Liucci in the comments).


7. There is more good news coming. I do not want to jinx anything, but get ready.


8. If you have time this week, listen to former ESPN commissioner John Skipper on The Dan LeBatard Show. Skipper's insight on Texas, LHN, and ESPN's influence with the Longhorns is a must-listen for Longhorn fans.
http://tun.in/tlnLkK

9. Tom Brady’s skills are on another level


10. Some casual boxing observers believed Errol Spence Jr. was exposed when during a sparring session that was leaked this past week prior to his upcoming fight against Manny Pacquiao. We do not know if this was the fifth fighter Spence faced that day or if he was in the 15th round of training. I have watched enough Spence fights to believe he will be fine when it counts against Pacquiao.
 

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