David McKenzie
@mckenzielaw
Intellectual Property Law | First Amendment | Duke Alum | UNC Dad | Clemson Native | Survivor | http://bcan.org | Semper Fidelis | #RunWithTheMarines | @McKenzieLaw
The ACC's capitulation makes no sense—unless it's preparing for a super league that's already in the works. Think about it from the Big Ten or SEC's perspective. You're planning the biggest reorganization in college sports history, a super league launching around 2030 when your…

It doesn’t matter what Jim Phillips or the ACC does—gambling apps are predatory by design. If you’re good at sports betting, platforms cancel your account because profits depend on you losing. There’s no shortage of vulnerable 18-year-olds—or people eager to exploit them. A major…
ACC commissioner Jim Phillips announces player availability reports will be required in football, men's and women's basketball and baseball in conference games. In football, reports will be issued two days before games, with updates one day before and game day.
Hey, @accnetwork producers, is the Charlotte Hilton hallway the best we can do in terms of a setting, scene? Dark, drab, lame hotel hallway for the third straight year. This setup’s as uninspired as ACC football. We can surely do better than this.

Laugh out loud. Did Jim Phillips bother to read the settlement agreement? That thing provides a contractual blueprint for members to leave the ACC. It's now his job to make sure that the members who want to leave, leave. He's in a tough spot, sure, but please.
Phillips asked about the settlement setting up a future exit for big programs. “It’s my job to make sure our members want to be in the ACC.”
Alzheimer’s ride isn’t a sport or merely a fundraiser … it’s bigger than that #Ride2EndALZ #EndALZ @AlzSC @alzassociation postandcourier.com/sports/hamilto…
From FOS: "Sources say the two sides are finalizing an agreement, and production has already begun." What two sides? Any docudrama requires UNC's prior written approval. If that has happened, why hasn't UNC commented? Hulu, I hope you read this.
Question: What is Jordon Hudson doing? She's obviously mic'ing up Belichick, her geriatric boyfriend, and then signaling "thumbs up" to a photographer, suggesting a coordinated media production despite previously killing HBO's Hard Knocks, according to The Athletic. Carolina, you…
Ahem, Mr. Kelly, over here, psst: At least the NFL is more honest about what it is.
Brian Kelly: "We talk every day about graduating champions. We are still college. This is still about college. This is not the NFL. ... It's really about the student-athlete."
The only problem with this is that Sankey put it under stress. Here, he's an arsonist complaining about the heat. Maybe it's not broken, but it's getting close and requires ignorance of reality and the future any casual observer can see.
Greg Sankey: "College athletics is not broken. It is under stress."
So NIL collectives cannot have a valid business purpose if their purpose is to pay athletes, unless they act as marketing agencies whose purpose is to help other businesses pay athletes, in which case their purpose of paying athletes becomes a valid business purpose. The Council…
Schools are guaranteeing 3rd-party NIL, collectives are paying recruits & $50M frontloaded rosters are here. As the NIL clearinghouse is mired in legalities, Big 12 coaches say cap circumvention is happening. “People are lying & promising fake things.” yhoo.it/44RwnZj
Glad to have been on the Adam Gold Show today to discuss the hidden strengths and potential genius of the ACC settlement, and how the Grant of Rights agreement was always a valid agreement. Thanks to @AGoldFan and @V_2_the_ictoria youtu.be/815a64z9R0g?fe…
Happy to have been on WFNZ Charlotte, 92.7, with Mac & Bone this morning to discuss the ACC settlement and its hidden genius. Thanks to @TBoneWFNZ and @macwfnz for having me on. podcasts.apple.com/us/podcast/mac…
Revisiting my unscientific poll on NC State’s legal fees for the GOR and conference realignment: roughly 77% pegged the cost at $100K to $1M. The actual bill? A modest $9,099. "Thank you," says Boo to Bubba.
Boys and girls, how much did NC State spend on evaluating the Grant of Rights agreement and conference realignment? (I know the actual number.)
It was never about the ACC's exit fee; it was always about the Grant of Rights agreement. The ACC v. Clemson & FSU cases did not settle because of the law, and the settlement agreement is trailblazing. Glad to be on O+G podcast again. @joeovies @joeovies youtube.com/live/mL0htp7FM…
Glad to have been on.
I thought @mckenzielaw was very helpful yesterday in understanding the ACC settlement with FSU and Clemson. youtube.com/live/mL0htp7FM…
The Athletic reported on this yesterday. I see this section as the ACC's death warrant, maybe a hidden genius, and yet another massive win for Clemson and FSU in this Settlement Agreement. Section 1.4.5.2 is a blueprint for the ACC's own PARTIAL dissolution into a football super…

Loving how Clemson and FSU seem to have dropped these agreements on the press the day before a major holiday . . . I am guessing that they came at the same time too. But how is this (exhibit from the SA) for transparency from public schools:




And by this I mean that FSU and Clemson can raise all their obnoxious sovereign immunity arguments to undo this very deal. You know, all their State/King "can do no wrong" idiotic arguments that have no bearing on a contract that grown adults signed and took millions under.
This is, by far, the most bewildering aspect of this Settlement Agreement. It highlights both the ACC’s stupidity and Clemson and FSU’s superior bargaining leverage: the ACC didn't get a waiver of sovereign immunity. So, let's all go back to square one. I am sure that…
This is, by far, the most bewildering aspect of this Settlement Agreement. It highlights both the ACC’s stupidity and Clemson and FSU’s superior bargaining leverage: the ACC didn't get a waiver of sovereign immunity. So, let's all go back to square one. I am sure that…