Darren Hietner NIL lawyer

#51
#51
vol94 said:
Other schools will resort to negative recruiting and perception sells. Also, I can hear the media now blaming the “investigation” for TN players hitting the transfer portal after spring practice.

None of us have any idea what’s happened behind the scenes, but I don’t think this publicity is good for our program.

It seems like we always receive bad news once our program begins to have an upward trajectory. Frustrating!
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The attorney general, chancellor of the university, and the governor of Tenn seem to think the opposite…I tend to believe them over you
 
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#53
#53
The NCAA has put themselves in a tough situation. If this goes to trial and they lose they are neutered. If they back down and drop the investigation and possible charges they are neutered.

doctor-scissors.gif
 
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#54
#54
DooleyOrangePants said:
There is no possible way that the University of Tennessee, the State of Tennessee, and the State of Virginia launch this lawsuit and take the undeniably strong position that they have if they think this thing is going to go south on them. Besides, you want to see things get tough on the NCAA? These states will absolutely shut them down in a heartbeat or at least make it harder to do anything within their confines - win or lose on this.

The case law is pretty clear. SCOTUS has been very clear about the NCAA’s untenable position on this and other bizarre positions that they seem to be taking.

Finebaum is stirring the pot for his gump fan base by finding anyone to come on and take a contrarian position.
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Agree with your comments, I would like to add let’s look at it like this.

The NCAA has been sketchy in the way they created unclear and confusing rules from start and now rumors are they are looking at 5-20 universities to investigate as a start.

Let’s say somewhere along the way UT did have a minor violation involving a recruit but NCAA wants to use a microscope to try to make something out of all the NIL deals ala a fishing expedition. UT tried to have discussion with NCAA president but he ghosted them. So a couple of AGs stepped in and said NCAA you are bullying schools over NIL that you should not even be looking at so we are taking you to court and removing all future NIL oversight out of your hands. The AGs know if this gets to SCOTUS again the NCAA is toast and the NCAA seems to be 0fer lately.

So even if UT has violation if they wipe all NIL oversight from NCAA, the NCAA will be the big loser and 4 years down the road, UT may get a small penalty if the NCAA even exists.
 
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#55
#55
SNAFU said:
“The moment they come to try to interfere with one of my clients’ deals, the next day is the moment they get hit with an antitrust lawsuit,” attorney Mike Caspino, who negotiated the $8 million NIL contract (Nico’s) and others like it, said of the NCAA in May 2022. “They’re saying there’s a whole class of people (boosters) who can’t participate in the market for athletes’ NIL rights. That’d be like saying red-haired people can’t buy meat. That’s antitrust.”

Michael Caspino is with Forward Counsel in Newport Beach, CA
-well-known in the legal community for his work as a first-chair trial attorney in hundreds of cases across the country
-often involve high-stakes litigation in business and employment law.
-became a household name in college sports when it was revealed he represented a five-star recruit who signed a NIL deal with a collective worth an estimated $8 million
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This seems the closest to correct to me. There are anti-trust issues involved, and not just for the boosters, but also (if not mainly) for the athletes and the collectives.

The problem for UT is that the suit has been filed, but UT has not suffered any damages yet. Indeed, the NCAA has not officially leveled charges or issued any punishments. Until those things happen, it is much less likely TN will be able to get an injunction to stop the process. But the damages are what UT is trying to avoid by filing proactively so it is kind of a catch-22 timing wise.

Here is what I think is one of the better rundowns of the situation.
 
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#58
#58
LWSVOL said:
right on release. Could be a year or more before they do.. Why all my questions... We can speculate until the then on what is involved and what might happen. :)
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Agree. It’s frustrating seeing my alma mater in the headlines again. I may be wrong but this has to weigh on the players and coaches as they’re human. Plus, negative recruiting towards UT just stepped up a few notches.
 
#59
#59
This case will drag as long as either side wants to. The NCAA will be gone before the case gets decided. Every school that tells them to kick rocks wins. Tennessee worked with the NCAA to get rid of Pruitt. They will not work with them to get rid of Nico.
 
#61
#61
wmcovol said:
The enforcement of retroactive rules, guidelines, etc is simply wrong. But so is a lot of $h!t in this country today.

I do think the suit Tennessee & Virginia has will have more partners if NCAA continues their witch-hunt
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I agree with you. I told my oldest son that it would be like making the use of seatbelts retroactive and sending out tickets for violation of the seatbelt law to persons who were driving age at that time.
 
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#64
#64
tn4elvis said:
He is probably pretty good, He’s had lots of practice defending the Canes and all their rougue boosters
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I mean he’s a lawyer. He’s going to play up the ncaa as being a bear with teeth bc it’s his job to defend clients against them. In reality you wouldn’t have two state AGs jumping on this if they didn’t think they had a compelling case against the NCAA. Likely the university and Spyre also file suit against them as well. NCAA is going to have to defend themselves on multiple fronts. They’ve never showed to be super competent in defending their positions in the courts in the past; doubt that’s changed here.
 
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#65
#65
What if question, if UT was found guilty of something while on probation would it be considered lack of institutional control
 
#66
#66
ButchPlz said:
Considering there seems to be no evidence behind anything and the people that know at UT have outright called the NCAA liars, and considering that some random guy from Miami will have as much (or less) information as all of us, I call BS.
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I just assume anything Finebaum says that is negative about UT is BS. As an alumnus he is a faithless piece of crap.
 
#68
#68
Volteacher said:
I was watching Finebaum today and he had a NIL lawyer and law professor at Miami and was saying that Tennessee’s case against NCAA not anywhere close to a slam dunk case and that their arguments in a federal court based on the evidence the NCAA has a case and could lay the hammer on Tennessee but…….

Litigation could take up to 2 years and even more if it is appealed and that they NCAA would not lay the hammer because they don’t want all the bad publicity.

Just good for thought…..
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Heitner is an agent and not a litigator.
 
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#70
#70
My thought ( I'm sure everyone is waiting to hear)

NCAA shouldn't have picked this fight, it's not winnable

Recruiting won't suffer and maybe helped by Tennessee's rebuttal .

There won't be any mass portal exodus due to this B.S.

Finnbawl sucks

Nico will lead us to a National championship.
 
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#71
#71
Volteacher said:
I was watching Finebaum today and he had a NIL lawyer and law professor at Miami and was saying that Tennessee’s case against NCAA not anywhere close to a slam dunk case and that their arguments in a federal court based on the evidence the NCAA has a case and could lay the hammer on Tennessee but…….

Litigation could take up to 2 years and even more if it is appealed and that they NCAA would not lay the hammer because they don’t want all the bad publicity.

Just good for thought…..
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Plowman will plow through the NCAA.
 
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#74
#74
volfeeva said:
I heard Tenn's Attorney General on the Clay/Buck talk show and he seemed pretty confident that the NCAA is out of bounds. Our defense centers around anti-trust laws among a host of other issues. And I think Tenn AD and staff getting out firm on fighting this will help keep from losing players.
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Tennessee’s reaction will help recruiting.
 
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