Clemson's attorney fees in case vs. ACC could soon exceed $1 million (2024)

CLEMSON— Clemson's attorneys' fees in its case against the Atlantic Coast Conference could exceed $1 million in the coming months.

According to documents obtained by The Post and Courier, the university received approval from the S.C. Attorney General's Office to pay four law firms up to $975,000 through June 30, 2025.

This is on top of Clemson's original request forup to $475,000 to retain three law firms for the first three-plus months of litigation against the ACC.

It remains unclear how much the university has paid to date, though, because these authorization requests just specify how much can be spent; they are not invoices for work already performed.

The price of Clemson's lawsuit pales in comparison with the $140 million exit penalty the ACC wants to impose on members who leave the conference before the end of its deal with ESPN, which could run until 2036. Clemson is challenging the ACC's assertion that it maintains ownership of the Tigers' broadcast rights if and when they no longer play in the ACC.

If the university can convince a judge to side with its interpretation of the ESPN deal, or negotiate with the ACC for a lower exit fee, this could facilitate Clemson leaving for greener pastures. In particular, the "Power 2" of the Big Ten and SEC are offering payouts that are tens of millions of dollars more than other leagues.

Only athletic department funds will pay Clemson's attorneys' fees, according to a university spokesperson, which includes money from private donors.

While Clemson says it isn't using taxpayer dollars to pay its lawyers, the university must receive authorization from the AG's office to retain outside counsel, and it must seek renewals each fiscal year. Clemson's attorneys sued the ACC in March, but the fiscal year ended in June.

The four law firms approved for July 1, 2024 through June 30, 2025 were Willson, Jones, Carter & Baxley in Greenville, Nelson Mullins Riley & Scarborough in Columbia, Ropes & Gray in Boston, Mass., and Parry Law in Chapel Hill, N.C.

All but Parry Law were part of the initial approvals in March.

In this current fiscal year, Clemson is authorized to payNelson Mullins the most money, up to $500,000, bringing that law firm's total to upwards of $750,000 for the first two rounds of authorizations.

Ropes & Gray can receive up to $250,000, bringing its max payout to $400,000.

Parry Law, which is heading up Clemson's defense against the ACC's countersuit in North Carolina, can be paid up to $150,000 through June 2025.

Willson, Jones, Carter & Baxley received a second authorization for $75,000, bringing its potential payout to a combined $150,000.

Add it all up, and Clemson could spend up to $1.45 million on attorneys if its dispute with the ACC continues into the summer of 2025.

There is no sign that either side will relent anytime soon. A court in Pickens County has ruled Clemson can proceed with its case against the ACC in South Carolina, while a North Carolina court has ruled the ACC has standing for its countersuit against Clemson.

"There are limits to what I can say, but I can state that we will fight to protect the ACC and our members for as long as it takes," ACC commissioner Jim Phillips said of Florida State and Clemson's lawsuits during the league's football media days last week.

Clemson appears to be digging in, as well.

The AG's office approved an amended authorization request for Nelson Mullins in July, increasing its number of attorneys on the case from 11 to 15. Most of the Columbia firm's attorneys are billing at an hourly rate of $200-$325 per hour.

Only one Nelson Mullins attorney is making $350 an hour: Clemson trustee David E. Dukes, who has appeared in court on the university's behalf in the case.

Dukes is the only attorney, from all four firms, making more than $325 an hour.

Ropes & Gray attorneys John P. Bueker and Dennis M. Coleman, for example, both charge an hourly rate of $1,700 an hour. Bueker and Coleman are offering Clemson discounted rates of $325 and $300 per hour, respectively, in this case.

There are 32 outside attorneys, in total, working on Clemson's behalf, according to the request for authorization forms.

Dukes and the board of trustees did not vote on who would represent Clemson in itscase against the ACC, a university spokesperson said, because the university's Office of General Counsel chooses representation with President Jim Clements giving his approval.

In the university's authorization requests to the AG's office, the reason for hiring outside counsel was worded as "Very complex litigation of significant value."