I Hate This Era
- Thread starter ABLCommenter
- Start date
It’s pretty easy to ask an attorney to send someone a demand letter. But just because the attorney is willing to send the letter, that doesn’t mean their client actually has a good case or an enforceable contract. Sometimes these letters can be nothing more than saber rattling.
The fact that the collective and Arkansas’ AD are being so public about this leads me to believe that this is more of a PR stunt, but I guess we’ll see.
They’re also not the first. Collectives have been attempting this more frequently for the past year. Generally, the athlete ignores them and the collectives don’t recover anything.
that seems a tad naive to me. When millions are being promised, they aren't going to let 20 years get the upper hand. More importantly, in the future they're going to lock these kids down so they can't walk away with the money. NIL is so far away from what its supposed to be , I think many fans have forgot what it was supposed to represent.
here is another example of where this is going....the no ambiguity pay for play
here is another example of where this is going....the no ambiguity pay for play
It’s not naive, it’s the reality of what’s occurring. These buyout clauses are largely unenforceable they way collectives have been writing them. And, in some states, the state’s NIL won’t allow this type of arrangement.
But even if the state’s NIL law isn’t an issue, that doesn’t necessarily solve the enforceability issues. Many of them are clearly punitive in nature, rather than focusing on liquidated damages. And for the ones that focus on liquidated damages, you have issues with valuing those.
Let’s use the Arkansas deals as an example. The buyout isn’t them trying to clawback money they already paid to the athlete. They are asking the athlete to pay them liquidated damages equal to 50% of what the collective would’ve paid him over the remaining term had he not left.
So if the athlete was going to be paid $600K to make 16 public appearances over the next 8 months, the collective is saying he owes them 50% of the $600K he would have received (i.e., $300K). If the collective wanted to push that in court and it gets to that point, I’m challenging the valuation of those damages.
There have been hundreds of athletes who have been receiving these types of letters and nothing has come of it because of the enforceability issues.
May I ask you what your age is?
Edit: you don't have to answer. I think for most people asking the question you asked, age does play a role in both party's responses.
The challenge is really building a roster that has difference makers and not just a cobbled collection of decent players
It doesn't bother me at all.
It's ZANY. It's plenty ZANY.
It's even pretty stressful.
But man it's super exciting. The skill level on lots of teams is just off the charts and we are right there with everybody. Playing real basketball with actual offense.
I am LOVING this era. Maybe not as much as I loved mid 90s basketball. But definitely more than any time since then.
How many eras are you counting?
I hated the last era. The era that came right before this one. And lasted from 2009 through 2024. That era had some high points, sure. But I'd mostly describe it as *** with high points.
Switch the two respective coaches and I'd probably be singing a much different song. Oh well ¯\_(ツ)_/¯
It's ZANY. It's plenty ZANY.
It's even pretty stressful.
But man it's super exciting. The skill level on lots of teams is just off the charts and we are right there with everybody. Playing real basketball with actual offense.
I am LOVING this era. Maybe not as much as I loved mid 90s basketball. But definitely more than any time since then.
How many eras are you counting?
I hated the last era. The era that came right before this one. And lasted from 2009 through 2024. That era had some high points, sure. But I'd mostly describe it as *** with high points.
Switch the two respective coaches and I'd probably be singing a much different song. Oh well ¯\_(ツ)_/¯
then you're left with a college environment where players know its not enforceable because the valuation of the NIL is bogus. which in turn is a tacit admission NILs are actually pay for play
Given the portal was at 2500 players, all putting a $ sign around their neck, I have to believe colleges are going to address that very soon
No, it’s unenforceable because of the law. Has nothing to do with whether or not these deals are legitimate NIL deals.
And colleges are planning to address this as part of the House settlement. If the settlement gets approved, then the new NIL clearinghouse will start reviewing these deals beginning in July.