If Dave Benedict Doesn't Achieve Something Substantial By End of July Should UConn HIre a Consulting Firm? | Page 3 | The Boneyard

If Dave Benedict Doesn't Achieve Something Substantial By End of July Should UConn HIre a Consulting Firm?

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So the AAC loses the found money from our SNY contract AND ESPN can now negotiate them down due to one of the anchor schools leaving. Me thinks the billion dollar contract Aresco was touting is going to go poof quickly once ESPN is through with the AAC. This is not a case of the remaining schools splitting the original amounts with one less mouth to feed.

If I'm Benedict, I'm calling Cincy and giving them Fox's and Ackerman's numbers while talking to them about a scheduling alliance in football and hoops... Our move will have the biggest impact on them and Temple I believe and their ADs are probably now trying to figure out their best moves
 
OK, the story leaked. Hahaha...what a surprise! These stories always leak. Tell somebody something over cocktails at dinner, swear them to secrecy, and then the whole world knows tomorrow. We should have been fully prepared for that contingency. We were not. Same old story. We look like village idiots nationally.


I'm still amazed at how this story broke...

This random website nobody has ever heard of comes out with the story...

Obviously whoever was behind that website release wasn't that interested in journalism (and making a name by having a story first)…
It was clearly someone who wanted to set off a desired chain of events. Perhaps the total ruination of UConn FB, who knows.. (the Catholics simply feel threatened by any semblance of heartbeat in that program)
 
Hope AD Dave Benedict can achieve something for UConn football soon. If everything remains up in the air or falls down to the ground, should UConn hire a consulting firm to work with Fox, SNY and the AAC? There are retired ADs and TV executives out there that help colleges in such situations. I am not getting a great feeling based on recent news. Hope I am wrong. The cost of the consultant may pay for itself in intermediate term.

There is one way to ensure failure in any endeavor...hire a consulting firm.
 
I SAY LET'S - in spite of whatever businesslawyer says - go to Newport. Eat the clams sneak a beer & throw Big Apples at Aresco.

I think his posture and tone the last few days has been off. We went along with the titanic shift to Dallas and all the schools, scheduling and empty gyms. Just let it be ... you aren't the rejected girlfriend. You just did not fit what we needed. I am curious what we would have done if the $$ was more like double. I think - my sense - is we would have done the same.
 
That is not exactly what Aresco said. He appears to state that UConn will be gone after this year, almost as if the AAC is kicking UConn out.

He's not going to throw us out earlier than the contract term, unless we agree to that. If he does, we'll have a case. But that's not going to happen.
 
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He's not going to throw us out earlier than the contract term, unless we agree to that. If he does, we'll have a case. But that's not going to happen.

Please do not confuse some posters here with legal knowledge. Not only did they stay at a Holiday Inn Express, they also binge watched Perry Mason last month.
 
I think what is now beginning to emerge is Aresco and Benedict seem to have some fairly long standing animosity between them. Perhaps giving away our Tier 3 rights was Aresco's way of flipping the double eagle bird at Benedict. Yes, we wanted to leave before the media contract was finalized, but Benedict thought he could booze and schmooze Aresco long enough to talk him into some accomodation for keeping football in the AAC.

I Think I know what's coming. We file a lawsuit against the AAC on fiduciary grounds and a total lack of transparency on the media rights deal. The league countersues. Then WWIII breaks out.

This suit will likely be long term and potentially devestating, possibly running easily into millions of dollars in attorney's fees and court costs. Nobody wins.

So early on, you float a trial balloon. You get together with Mr. Aresco, talk about how you don't know why the relationship got out of hand, and you make a proposal to him. UConn stays in the AAC, you can decrease or totally eliminate our annual share of the bowl revenue. We should stand firm on only one point: we should at least get our usual share of the bowl revenue from any bowls we play in. You work out all the other details, lawsuit is over and everybody parts friends.

One other thing that I hesitate to
mention. If Aresco is any good at his job, he'll no doubt mention the exit fee. I think we should agree to pay something, but nowhere near the full 10 million. We did remove our Olympic sports teams, which has a value attached to it. I'd say we offer three, he counters with seven, and we end somewhere in
between, hopefully 4 or 4.50

I think Aresco will go for this if Benedict plays his cards correctly. He could even propose it before filing suit, though in the mood Aresco's in right now Benedict would likely get tossed from the room by a couple of burly Providence wiseguys.

As for selling it to the conference membership, I think Aresco may have one small problem wih that. Assuming they are unanimous in wanting to see UConn in their rear view mirror, they'd all side with Aresco, right? But if the lawsuit is filed, they're then collectively on the hook for the legal fees and expenses. Right now Tulsa is in pretty dire shape financially across the board. The media deal probably greatly favors them. They don't want to see it all get eaten up by endless attorney's fees and costs, and they can't afford it. They're going to want to settle. They will likely talk with SMU and Tulsa, who may also agree, even though the money issue doesn't affect them as badly as Tulsa. If these three schools get together on this, I think we have a good chance to settle it early before it turns into Kevin Ollie, Part II.

This whole mess is just another example of our AD and school administration deciding to do something without thinking it through, like a toddler who slips and falls into the deep end of a pool with no life jacket on.

OK, the story leaked. Hahaha...what a surprise! These stories always leak. Tell somebody something over cocktails at dinner, swear them to secrecy, and then the whole world knows tomorrow. We should have been fully prepared for that contingency. We were not. Same old story. We look like village idiots nationally.

BTW, I think I read somewhere (don't ask me to remember where) that ESPN had decided they won't try to renegotiate the AAC media deal.

There is no breach of fiduciary duty because a fiduciary selects between options that favor some schools over others in various scenarios. That gets thrown out on summary judgment.

People should stop pretending that there is some magic trick that is going to save us. What will save us is fans buying tickets, win or lose, and the team winning, before we give up. That's your magic bullet. I don't see that happening but lawyers aren't going to save the football program.
 
Please do not confuse some posters here with legal knowledge. Not only did they stay at a Holy day Inn Express, they also binge watched Perry Mason last month.
C’mon, lame Lame Duck Susie said “no ‘Holy day Inn’ in the huddle.
 
There is no breach of fiduciary duty because a fiduciary selects between options that favor some schools over others in various scenarios. That gets thrown out on summary judgment.

People should stop pretending that there is some magic trick that is going to save us. What will save us is fans buying tickets, win or lose, and the team winning, before we give up. That's your magic bullet. I don't see that happening but lawyers aren't going to save the football program.

Wait just one minute! Do you mean that the head of a voluntary organization made up of institutions of higher education, with legal staffs, may have a lower level of duty than a trustee for a 5 year old orphan?
 
Jeez Louise...

Sure.... UConn football and basketball can stay for the full 27 months required before moving to the BE.

But..UConn has said that it does not want to do that, but rather desires to begin playing in the BE at an earlier date (2020-2021).

The minute that UConn becomes a member of the Big East, is the minute that the AAC's responsibility for the football program terminates.
 
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Wait just one minute! Do you mean that the head of a voluntary organization made up of institutions of higher education, with legal staffs, may have a lower level of duty than a trustee for a 5 year old orphan?

Did you even read what I wrote? Serving as a trustee for a single child is totally different, because you have a responsibility to that one child and just that one child. When you are a fiduciary through a business relationship, your duty is to your members/shareholders collectively. You can't have a duty to act in the best interests of each of a number of members/shareholders because often their desires and needs will differ.

The CEO of Wal-Mart has a fiduciary duty to his shareholders. Some shareholders are focused on short term gain and others on long term gain depending on their investment horizons. Some times, the CEO has to make decisions that favor one group or the other. He is not violating a fiduciary duty to those who want short term gain when he takes an action that, while favored by some stakeholders and opposed by others, he reasonably believes to be in the best interests of Wal-Mart as a whole.
 
Did you even read what I wrote? Serving as a trustee for a single child is totally different, because you have a responsibility to that one child and just that one child. When you are a fiduciary through a business relationship, your duty is to your members/shareholders collectively. You can't have a duty to act in the best interests of each of a number of members/shareholders because often their desires and needs will differ.

The CEO of Wal-Mart has a fiduciary duty to his shareholders. Some shareholders are focused on short term gain and others on long term gain depending on their investment horizons. Some times, the CEO has to make decisions that favor one group or the other. He is not violating a fiduciary duty to those who want short term gain when he takes an action that, while favored by some stakeholders and opposed by others, he reasonably believes to be in the best interests of Wal-Mart as a whole.
Probably not the best analogy, since the American isn't publicly traded with a broad shareholder group. The better analogy with probably be to a minority partnership interest. Numerous states give partners protections but most of those really are just the ability to leave and be compensated for the ownership interest or alternatively compel dissolution. In our case the fact that Aresco took steps that injured us and no one else, probably helps our narrative if we were going to court, but we aren't. We'll negotiate our exit fee and timing and reach an agreement. Our ace in the hole? If they don't let us early a no (or little) cost, we'll stay and get another share of bowl fees and NCAA credits.
 
I'm still amazed at how this story broke...

This random website nobody has ever heard of comes out with the story...

Obviously whoever was behind that website release wasn't that interested in journalism (and making a name by having a story first)…
It was clearly someone who wanted to set off a desired chain of events. Perhaps the total ruination of UConn FB, who knows.. (the Catholics simply feel threatened by any semblance of heartbeat in that program)
Not surprising at all that the story was broke by some random news source as they probably didn't bother to get multiple sources to confirm the story before running it. That (typically) wouldn't happen in regular media channels. Heck, the news has been rumored for at least a month and it was posted on the Boneyard on June 12th by a poster so the rumors were very strong 9 days before it was reported by a news source.

I was initially opposed to the move to the BE, but I am warming to the idea. The "big" money didn't happen with the AAC media contract and I would think there are other schools thinking about their futures. I think Houston/UCF/Cincinnati/USF/Memphis are hoping conference realignment heats up when the next P5 media deals get negotiated and they get a P5 invite. (Big 12 or reconstituted Big 12.) Temple, another hoops school, has to be wondering why they are playing in a Southern conference. Navy seems to be struggling a little as Army flourishes as an independent. With UConn going independent, Navy can have a schedule of Army, Air Force, Notre Dame, an FCS, and UConn every year and I'm sure Navy can make a good schedule.

In my opinion, the AAC will not consist of the same teams in 10 years. UConn decided to move before they were forced to make a move.
 
Not surprising at all that the story was broke by some random news source as they probably didn't bother to get multiple sources to confirm the story before running it. That (typically) wouldn't happen in regular media channels. Heck, the news has been rumored for at least a month and it was posted on the Boneyard on June 12th by a poster so the rumors were very strong 9 days before it was reported by a news source.

I was initially opposed to the move to the BE, but I am warming to the idea. The "big" money didn't happen with the AAC media contract and I would think there are other schools thinking about their futures. I think Houston/UCF/Cincinnati/USF/Memphis are hoping conference realignment heats up when the next P5 media deals get negotiated and they get a P5 invite. (Big 12 or reconstituted Big 12.) Temple, another hoops school, has to be wondering why they are playing in a Southern conference. Navy seems to be struggling a little as Army flourishes as an independent. With UConn going independent, Navy can have a schedule of Army, Air Force, Notre Dame, an FCS, and UConn every year and I'm sure Navy can make a good schedule.

In my opinion, the AAC will not consist of the same teams in 10 years. UConn decided to move before they were forced to make a move.
Hopefully, UConn will soon get a P5 invite as well.
 
Hopefully, UConn will soon get a P5 invite as well.

Interestingly

We will be closer after another National Championship in MBB and 2or3 WBB than if we rose to 8-4 and bowls in AAC. The UCF & Houston building in Football is beyond us. But with a solid Brand and rabid fanbase we work ourselves back into a better position; we weren't going to do that in a farstrung conference with Texas centric commish.
 
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Probably not the best analogy, since the American isn't publicly traded with a broad shareholder group. The better analogy with probably be to a minority partnership interest. Numerous states give partners protections but most of those really are just the ability to leave and be compensated for the ownership interest or alternatively compel dissolution. In our case the fact that Aresco took steps that injured us and no one else, probably helps our narrative if we were going to court, but we aren't. We'll negotiate our exit fee and timing and reach an agreement. Our ace in the hole? If they don't let us early a no (or little) cost, we'll stay and get another share of bowl fees and NCAA credits.

No, the example was given on purpose. Whenever you are a fiduciary to a group -- a large group or a small group -- you don't owe a duty to each stakeholders individual needs and desires. Your duty is to the entity as a whole. There has not been one credible scintilla of evidence that he didn't negotiate the deal that he thought was in the best interests of the conference as a whole. If UConn wanted its particular rights protected as a school with more value in its local media rights than others, it needed to negotiate that as part of rebuilding the conference.

I don't understand why many think their imaginations and hopes are important to legal analysis. If we want out early, we either negotiate a mutually acceptable deal or we don't, leave, and let them sue us and prove their damages for us leaving early (not the $10M exit fee, because that has been contractually agreed to). Aresco didn't screw us. We were screwed because we allowed other schools whose needs were different than ours and more uniform to join our conference without protecting our special interests.
 
Did you even read what I wrote? Serving as a trustee for a single child is totally different, because you have a responsibility to that one child and just that one child. When you are a fiduciary through a business relationship, your duty is to your members/shareholders collectively. You can't have a duty to act in the best interests of each of a number of members/shareholders because often their desires and needs will differ.

The CEO of Wal-Mart has a fiduciary duty to his shareholders. Some shareholders are focused on short term gain and others on long term gain depending on their investment horizons. Some times, the CEO has to make decisions that favor one group or the other. He is not violating a fiduciary duty to those who want short term gain when he takes an action that, while favored by some stakeholders and opposed by others, he reasonably believes to be in the best interests of Wal-Mart as a whole.

Let’s see in discovery if this is true.
 
If you are a fiduciary (executor of the family estate for instance) ... are you not held to a higher Duty to each beneficiary for every valued asset?
 
No, the example was given on purpose. Whenever you are a fiduciary to a group -- a large group or a small group -- you don't owe a duty to each stakeholders individual needs and desires. Your duty is to the entity as a whole. There has not been one credible scintilla of evidence that he didn't negotiate the deal that he thought was in the best interests of the conference as a whole. If UConn wanted its particular rights protected as a school with more value in its local media rights than others, it needed to negotiate that as part of rebuilding the conference.

I don't understand why many think their imaginations and hopes are important to legal analysis. If we want out early, we either negotiate a mutually acceptable deal or we don't, leave, and let them sue us and prove their damages for us leaving early (not the $10M exit fee, because that has been contractually agreed to). Aresco didn't screw us. We were screwed because we allowed other schools whose needs were different than ours and more uniform to join our conference without protecting our special interests.
Mmm disagree somewhat. You can't consistently disadvantage one person or group in favor of others. You fiduciary duty applies to all. In a public entity they ownership is so diluted that individuals needs don't have much play, but in a small group consisting of a dozen owners consistently working to the disadvantage of a minor owner will get scrutiny.

Otherwise we are in agreement. As noted above the negotiation is not about $10M exit fee, it is about an accelerated exit date and whether we have to pay a premium for it. Again, as noted above, our strongest negotiation point is the threat to stay the full 27 months and apply our share of the bowl and NCAA credits earned by our peers to the exit fee.
 
If you are a fiduciary (executor of the family estate for instance) ... are you not held to a higher Duty to each beneficiary for every valued asset?

When you are an executor, there are no diverging family interests in following the directions of the decedant and liquidating the estate's assets.
 
Mmm disagree somewhat. You can't consistently disadvantage one person or group in favor of others. You fiduciary duty applies to all. In a public entity they ownership is so diluted that individuals needs don't have much play, but in a small group consisting of a dozen owners consistently working to the disadvantage of a minor owner will get scrutiny.

Otherwise we are in agreement. As noted above the negotiation is not about $10M exit fee, it is about an accelerated exit date and whether we have to pay a premium for it. Again, as noted above, our strongest negotiation point is the threat to stay the full 27 months and apply our share of the bowl and NCAA credits earned by our peers to the exit fee.

With all due respect, this (the fiduciary duties of a director/manager of a business entity) is something in which I have a lot of expertise. I will leave it alone from here, but I will repeat what I said for those who are smart enough to care -- THERE IS NOT A SCINTILLA OF CREDIBLE EVIDENCE THAT ARESCO VIOLATED A FIDUCIARY DUTY TO US AND SELLING THE RIGHTS OF EVERY MEMBERS MEDIA RIGHTS TOGETHER, IF HE THOUGHT THAT WOULD PRODUCE THE HIGHEST VALUE, IS NOT A BREACH OF FIDUCIARY DUTY JUST BECAUSE THERE WERE OTHER FORMULATIONS THAT WOULD HAVE BEEN IN THE BEST INTERESTS OF UCONN.
 
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With all due respect, this (the fiduciary duties of a director/manager of a business entity) is something in which I have a lot of expertise. I will leave it alone from here, but I will repeat what I said for those who are smart enough to care -- THERE IS NOT A SCINTILLA OF CREDIBLE EVIDENCE THAT ARESCO VIOLATED A FIDUCIARY DUTY TO US AND SELLING THE RIGHTS OF EVERY MEMBERS MEDIA RIGHTS TOGETHER, IF HE THOUGHT THAT WOULD PRODUCE THE HIGHEST VALUE, IS NOT A BREACH OF FIDUCIARY DUTY JUST BECAUSE THERE WERE OTHER FORMULATIONS THAT WOULD HAVE BEEN IN THE BEST INTERESTS OF UCONN.

other than he got nothing for them.

that scintilla.

what kind of lawyer only files credible suits?
 
With all due respect, this (the fiduciary duties of a director/manager of a business entity) is something in which I have a lot of expertise. I will leave it alone from here, but I will repeat what I said for those who are smart enough to care -- THERE IS NOT A SCINTILLA OF CREDIBLE EVIDENCE THAT ARESCO VIOLATED A FIDUCIARY DUTY TO US AND SELLING THE RIGHTS OF EVERY MEMBERS MEDIA RIGHTS TOGETHER, IF HE THOUGHT THAT WOULD PRODUCE THE HIGHEST VALUE, IS NOT A BREACH OF FIDUCIARY DUTY JUST BECAUSE THERE WERE OTHER FORMULATIONS THAT WOULD HAVE BEEN IN THE BEST INTERESTS OF UCONN.
With all due respect, the analogy of a 12 member organization to publicly held company was a bad one and your use of caps really doesn't change that. That said, I'll say again, that I don't disagree with the point you are trying to make. I do not think that UConn has a cause of action against Aresco (I actually think you conflating the responses of other posters) but I do think the fact that Aresco consistently and knowingly acted in opposition to our interest can be a factor in the negotiation as to whether we owe more than just $10M exit fee to leave earlier than 27 months. It certainly will part of the discussion, agree?
 
With all due respect, the analogy of a 12 member organization to publicly held company was a bad one and your use of caps really doesn't change that. That said, I'll say again, that I don't disagree with the point you are trying to make. I do not think that UConn has a cause of action against Aresco (I actually think you conflating the responses of other posters) but I do think the fact that Aresco consistently and knowingly acted in opposition to our interest can be a factor in the negotiation as to whether we owe more than just $10M exit fee to leave earlier than 27 months. It certainly will part of the discussion, agree?

Will we say you violated our fiduciary rights? We can say anything. Will we get an extra dollar because they're worried about that claim having traction. No.

I don't use caps often. You may want to think about why I thought it was important to this time. Hint -- it might have been to signal to those who trust my judgment on legal matters that this is not an argument to which there are two sides.
 
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Will we say you violated are fiduciary rights? We can say anything. Will we get an extra dollar because they're worried about that claim having traction. No.

I don't use caps often. You may want to think about why I thought it was important to this time. Hint -- it might have been to signal to those who trust my judgment on legal matters that this is not an argument to which there are two sides.
Because yelling is always an indicator of competence?
 
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