Per ESPN, UM has retained Williams & Connolly

Submitted by drz1111 on November 8th, 2023 at 10:21 AM

Surprised this hasn't been linked yet on the forum.  ESPN is reporting that UM has retained Williams & Connolly for the litigation against the B1G.  As any of the Mgolawyers will tell you, you can infer the following from that:

(1) W&C is a big and expensive gun, UM is not kidding around about a nasty legal fight

(2) UM's own investigation probably concluded they have colorable legal arguments: W&C doesn't take on dead-loser cases and nor would you use them if you were going to be throwing hail marys

(3) this is likely (but not certain) to be fought in federal court. 

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LSAClassOf2000

November 8th, 2023 at 10:34 AM ^

The alternative interpretation, I would say, is that this is the warning that there will be no retreat on the part of Michigan and that all avenues will be explored. I also have to believe that you don't go with one of the premier firms in this arena unless you're quite certain you can get somewhere in court with your arguments. The seas, as it were, may very well get a bit angry for a while, but Michigan can afford a decent ship. 

Joined: 01/07/2011

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BoFan

November 8th, 2023 at 10:52 AM ^

Next, if Michigan is forced to file a motion they will not only file for an injunction but also find enough damages and other ammunition for a material breach of contract and an immediate rescission of the grant of rights.  If these lawyers can argue that, no new commish can risk that loss. 

I hope the can go after Ohio and Day for damages. 

Joined: 03/09/2012

MGoPoints: 20071

RAH

November 8th, 2023 at 11:24 AM ^

The actions of the conference in this matter are absolutely impossible to understand.  Even the NCAA seems to be acting more rationally than the BIG!!!!

This case is not by any means a slam dunk. It is full of holes. Just to start with, the language of by laws is very vague and subject to various interpretations.

The general principle regarding documents, rules, etc. is that if one party has the sole authority to write the document, it is that party's responsibility to make the language clear. If there is a dispute over the meaning, the party who wrote the document must show that the other party's interpretation is not reasonable. 

If you are talking to someone about a game and he asks is you saw it "in person" you would say NO if you saw on Fox. If the contest rules said the winner most appear "in person" to claim the prize, you know you can't send someone else to claim it. The normal meaning of "in person" is that you must be there personally.

Connor could honestly say that since he wasn't there "in person", he did not think he was doing "In person" scouting.

As I mentioned in another post, "scout" is also problematic. Standing with a phone and recording does not fit the normal definition and usage of the term scouting. 

Joined: 02/23/2018

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M_Born M_Believer

November 8th, 2023 at 12:31 PM ^

^^^^^^^^^^^^ A thousand times this.  I firmly believe that Stalions read the rules and believed his understanding of sending someone else not associated with Michigan to provide film was within the rules (certainly well within the gray area) hence he did little to try and cover his tracks.  What need would there be if he never scouted a team IN PERSON...?  What difference would it be if he got film from You Tube, Dragonfly, FoxSports stream, or a "random" individual?  The end result is the same.  As Dan Wetzel pointed out, no matter how the material was obtained, the end result is the same.

Dan did take it another step and asked "would you rather have scouting info from a low level analyst or a high paying Asst. Coach?"  Part of me believes what really butt hurts some of these weak minded, panty bunched, Just for Men coaches is that a 55K analyst was out performing million dollar Asst. coaches.  So not only are they getting their butts kicked on on the field, they were getting their butt kicked in off the field too....

Joined: 11/11/2009

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FreddieMercuryHayes

November 8th, 2023 at 10:57 AM ^

I mean when did they retain them?  I imagine they were talking to/hired a firm long before today or yesterday.  Probably as soon as it was even hinted that the B1G could step in with a suspension I'm sure UM got a firm to start building their case.  UM will have to get a restraining order fast before the Saturday game if B1G does something stupid.  They've been probably building this case for a week or two at this point.  Just maybe the name of the firm came out now publically.

Joined: 12/29/2010

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jmblue

November 8th, 2023 at 10:26 AM ^

I'll be surprised if the Big Ten doesn't retreat and say that it will defer to the NCAA.  The media cover that they had is dissipating.  When you've now got multiple major outlets reporting about the OSU/Rutgers/Purdue shenanigans against us, it'd be pretty awkward to only come down on our coach - to say nothing of the legal mess you'd find yourself in.

And really, what other conference would ever consider sanctioning its best team in the middle of the season, based on an investigation that isn't finished?

Joined: 11/07/2008

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St Joe Blues

November 8th, 2023 at 10:32 AM ^

Well there's still all the damage that they've done. It's not like someone can come on your property, break your windows, rip siding off your house and kick your dog then be allowed to walk away whole. If there's no retribution you can bet another attempt will be made.

Michigan has been speaking softly but just pulled the big stick out from behind their back.

Joined: 01/08/2017

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unWavering

November 8th, 2023 at 10:46 AM ^

Yeah, at this point there's not a lot of reason to hold on to this supposed binder full of evidence against OSU.  Someone (OSU) broke the unwritten agreement to not fling mud unless you have very good reason to.  They flung mud, it's pretty severely damaged Michigan's reputation in a way that drastically outweighs the actual transgression.

Time to fling some mud back.

Joined: 01/13/2011

MGoPoints: 22437

WestQuad

November 8th, 2023 at 11:08 AM ^

Someone posted the Brady Quinn and Lavar Arrington podcast yesterday and they basically admit that players have been paid under the table in elaborate ways since time immemorial.  It is don't ask don't tell.  OSU obviously either has a bigger checkbook or less scruples than Michigan.  Or both.   If Michigan really isn't paying their player in illegal ways (which tracks considering how many kids we lose out on in LaQuan Treadwell type ways), we should nuke them, but you've got to be really careful there isn't an Ed Martin or Connor Stalions out there messing things up for you.

I'm ecstatic that Michigan isn't laying down for all of this.  By the end of it we will own the B1G figuratively and literally. 

Joined: 07/22/2011

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1VaBlue1

November 8th, 2023 at 11:14 AM ^

Nobody cares about 'recruiting violations' from years past.  I mean, the NCAA doesn't even care!  Ask UTenn, Kansas, and Ole Miss about it - they would each tell you it's worth the effort.  

Sure, flinging mud is fun, and all that.  But it doesn't move the needle - everyone already knows that particular mud exists...

Joined: 01/31/2016

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lhglrkwg

November 8th, 2023 at 10:47 AM ^

Can you imagine the entire SEC ganging up on LSU or Alabama or Georgia midseason? I could maybe imagine Tennessee because it seems like everyone hates them but the SEC is not stupid enough to air their dirty laundry in public. The Big Ten seems to be a healthy mix of bitter, dumb, and naive to let this drag on in public like this

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MadMonkey

November 8th, 2023 at 4:05 PM ^

His bio (according to Wikipedia, so take under advisement):

 

Career[edit]

Petitti attended Haverford College, where he majored in economics before attending Harvard Law School. He worked for two years at the law firm of Cadwalader, Wickersham & Taft before joining ABC Sports in 1988 as general attorney. After being named vice president of programming, where he was responsible for acquiring and scheduling ABC Sports programming, he was hired by CBS in 1997 as senior vice president of business affairs and programming. In December 2005, Pettiti was named executive vice president, CBS Sports and is "responsible for all day-to-day operations of CBS Sports, "[1] where he was largely responsible for the network's NFL coverage. "Basically, I’m responsible for everything you see on Sunday."[2]

It was announced on January 3, 2008, that Petitti would be placed in charge of day-to-day operations of CSTV, the college sports network that was absorbed into CBS sports, effectively replacing network co-founder Brian Bedol, who had been serving as president of CSTV since the network was purchased by CBS Corporation in 2005. CSTV was renamed the CBS College Sports Network on March 16, 2008, and eventually evolved to become CBS Sports Network.

In April 2008 Pettiti left CBS to become the head of MLB Network, which launched in January 2009.[3]

 

Joined: 04/08/2010

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Bo Schemheckler

November 8th, 2023 at 10:27 AM ^

My favorite quote in the article:

"This is going to get ugly," a Michigan source told ESPN. "We don't think this is fair that 13 schools gang up on one and the commissioner will just give in. Does [Petitti] have the authority? No question. But we have a lot of levers of power, too."

Joined: 09/04/2013

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NeverPunt

November 8th, 2023 at 10:30 AM ^

https://www.espn.com/college-football/story/_/id/38845395/michigan-big-ten-reach-sign-stealing-crossroads

Not OP, but it's referenced in this article.

According to multiple sources, the university plans to consult with attorneys from Williams & Connolly, a large, national firm based in Washington, to weigh their legal options. Harbaugh hired attorney Tom Mars to help with a different NCAA investigation and suspension earlier this year. Mars has served as an attorney for several coaches and college athletes battling the NCAA over eligibility issues or sanctions.

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