OT: FBI has reportedly arrested several NCAA basketball assistant coaches. | Page 32 | The Boneyard

OT: FBI has reportedly arrested several NCAA basketball assistant coaches.

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$44 million buyout? Did I read that right? I thought it was like $10 million. How does a public institution agree to a buyout that large?

With that much money at stake, it will be a fight all right, and all the dirty laundry will be aired.

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Because they probably felt there was no way in hell Pitino would be fired without cause. I'd love to watch him try and claim this one wasn't for cause.
 

nelsonmuntz

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$44 million buyout? Did I read that right? I thought it was like $10 million. How does a public institution agree to a buyout that large?

With that much money at stake, it will be a fight all right, and all the dirty laundry will be aired.

I can't imagine there wouldn't be a clause about HUUUUGE infractions. Like if Pitino killed 4 people and they fired him, they wouldn't be on the hook for a buyout.... right?
 

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Because they probably felt there was no way in hell Pitino would be fired without cause. I'd love to watch him try and claim this one wasn't for cause.

In my experience, 90+% of terminations fit under "without cause". And if Pitino was able to get a $44 million buyout, I am sure he was able to get a very narrow definition of "cause". I wouldn't bet on Louisville avoiding most of that buyout. Pitino will settle, but he will still be getting a big check at the end of this.

Louisville is going down in flames, and it couldn't happen to a nicer athletic program.
 

nelsonmuntz

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I can't imagine there wouldn't be a clause about HUUUUGE infractions. Like if Pitino killed 4 people and they fired him, they wouldn't be on the hook for a buyout.... right?

This is @businesslawyer 's area of expertise, so he should chime in, but I would be stretching my fingers right now if I was the Louisville CFO. He is going to be writing a check with a lot of zeros on it.
 
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Just curious, how many people still wonder why UConn wasn't a bigger player w Tremont Waters and how in the end, he went to LSU? His old man was as transparent as anyone could be.

Many of these losses were transparent. Man, I am feeling good today!!!
 
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We will see what comes out, but my guess is that UK, Duke, KU and UNC probably don't need to do this. What I see are programs that are hungry to step up or join the bigger names, or in the case of UL, catch UK. I doubt we will see much for football either, because one or two players won't have much of an impact. But with basketball, a nothing school that grabs a 5 star and uses him to bring in a couple of other good players is suddenly a strong, ranked team.

Anecdotally, I know an assistant coach at a private academy/basketball factory school. He knows I hate Calipari, but says that the guy is down to earth and charming, and the HS coaches love him. I think it's safe to say that our view of him is colored by our history, all the way back to UMass.
Agreed - everyone is waiting for Kentucky to show up here, but they don't need lots of help bringing in 5 star recruits. Not to say they haven't done anything shady, but the value proposition for high school athletes is pretty obvious upfront.
 
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This is @businesslawyer 's area of expertise, so he should chime in, but I would be stretching my fingers right now if I was the Louisville CFO. He is going to be writing a check with a lot of zeros on it.

It is shocking to me that a state institution signed a contract that would require a $44M buyout without cause. Doesn't mean it didn't happen. If the federal allegations are true, you would also think that would constitute cause, but again, it would be up to the contract which almost certainly would carefully state what constitutes "cause," and not left to broad common law interpretations of the phrase.

Sorry I can't be more helpful.
 

nomar

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In my experience, 90+% of terminations fit under "without cause". And if Pitino was able to get a $44 million buyout, I am sure he was able to get a very narrow definition of "cause". I wouldn't bet on Louisville avoiding most of that buyout. Pitino will settle, but he will still be getting a big check at the end of this.

Louisville is going down in flames, and it couldn't happen to a nicer athletic program.

I am currently negotiating an executive separation where the employment agreement has a very narrow definition of "cause." If Pitino had any involvement or even negligently failed to supervise his staff, there's gross misconduct that materially injured his employer. Bribery that's going to result in severe sanctions? That's more than enough.

But, yes, they will settle. Neither side wants to arbitrate/litigate.
 

ctchamps

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Someone had been sitting on that gem.

How much does the ACC really care about Louisville? We are about to find out.
How about Swoford and his son at Raycom. This goes full circle to part of the reason Ville over UConn.
 
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It is shocking to me that a state institution signed a contract that would require a $44M buyout without cause. Doesn't mean it didn't happen. If the federal allegations are true, you would also think that would constitute cause, but again, it would be up to the contract which almost certainly would carefully state what constitutes "cause," and not left to broad common law interpretations of the phrase.

Sorry I can't be more helpful.

I am currently negotiating an executive separation where the employment agreement has a very narrow definition of "cause." If Pitino had any involvement or even negligently failed to supervise his staff, there's gross misconduct that materially injured his employer. Bribery that's going to result in severe sanctions? That's more than enough.

But, yes, they will settle. Neither side wants to arbitrate/litigate.

https://media.bizj.us/view/img/8556042/pitino-current-contract.pdf

Just Cause clause on page 12 (Section 6)
 

nelsonmuntz

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I am currently negotiating an executive separation where the employment agreement has a very narrow definition of "cause." If Pitino had any involvement or even negligently failed to supervise his staff, there's gross misconduct that materially injured his employer. Bribery that's going to result in severe sanctions? That's more than enough.

But, yes, they will settle. Neither side wants to arbitrate/litigate.

You are the lawyer, but gross misconduct is a big mountain to climb, especially for failure to supervise. Louisville's got a good case, but so does Pitino. They will settle, and it will be a big number.

The one spot Pitino has to be careful is getting charged himself. A conviction will bust every employment agreement, and an indictment will bust most of them.
 
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I am currently negotiating an executive separation where the employment agreement has a very narrow definition of "cause." If Pitino had any involvement or even negligently failed to supervise his staff, there's gross misconduct that materially injured his employer. Bribery that's going to result in severe sanctions? That's more than enough.

But, yes, they will settle. Neither side wants to arbitrate/litigate.

There is one more factor at play thought. If Louisville is whacked hard by these sanctions, Louisville could countersue Pitino for breaching his duties to the university, and could easily allege damages of $44M or more.
 

nelsonmuntz

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6.1.2, 6.1.3, 6.1.4 can all apply. Dude isn't getting a payday

6.1.3 is the killer for Pitino. It is the one brightline definition not subject to interpretation. The UL lawyer that put that clause in deserves a hooker and whatever leftover blow is in Jurich's office. He/She saved the university $44 million today.
 

intlzncster

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Fair enough. Anyone who bites the tip line nonsense is a moron. Shut up and lawyer up. Those are the only two options.

Fear makes people do all kinds of irrational things.

And I can't imagine the amount of 'negative recruiting' flowing through that tip line atm
 
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This could be interesting, I wonder if there are any nervous people on Tobacco Road?

Here are the implications for Miami (aka University-7) from the FBI’s bribery probe

Getting to the heart of the question, the identity of “Player-12” is likely 5-star wing Nassir Little. He is a current high school senior, with a graduation date in 2018, and plays on Florida 1. Additionally, Little participated in the adidas nations global event on August 3-7, 2017 in Houston, TX. This timeline matches up with “Player-12” having a conversation with a “Company-1” (adidas) executive at a “Company-1” (adidas) sponsored event geared toward high school amateur athletes on the dates listed from the released complaint.

Listed by all recruiting services as a top-15 player in the class of 2018, Little is the kind of elite talent that could demand a payment in the range of $150,000.

Miami, along with North Carolina, Arizona (which had an assistant coach arrested in connection to this FBI investigation), and Duke are among the teams most heavily recruiting Little.
 
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