How much money is Clemson spending to sue the ACC? What early legal fees show

Clemson University is planning to spend up to $475,000 in attorney fees during the first four months of its lawsuit to leave the Athletic Coast Conference, according to documents released by the school.

Clemson hired three firms for its lawsuit: Wilson, Jones, Carter & Baxley out of Greenville; Nelson, Mullins, Riley & Scarborough out of Columbia; and Ropes & Gray out of Boston.

They are representing Clemson “in litigation regarding athletics media rights and related agreements,” according to documents filed with the state Attorney General’s Office and obtained by The State via a public records request.

The work is described as “very complex litigation of significant value.”

Work by the three law firms was initially slated to take place between March 1 and June 30 of this year. The initial requests for approval were filed by Clemson to the state attorney general’s office on March 11, 12 and 13, the week before the school filed its lawsuit against the ACC in Pickens County. The attorney general’s office approved the requests March 15.

Clemson was authorized by the state attorney general’s office to pay a maximum fee of $75,000 to the Greenville firm, $250,000 to the Columbia firm and $150,00 to the Boston firm, according to documents, for a maximum total of $475,000.

A number of lawyers agreed to work at discounted hourly rates.

“Any outside counsel working with Clemson University is being supported by athletics-generated revenue and private donor funding,” Clemson spokesman Joe Galbraith told The State.

Historically, the donors have been school alumni, but Galbraith could not disclose specific names of people contributing to the effort.

Donors can contribute to specific programs at the school, such as at the athletics department.

The state Senate in its budget plan passed last month included a provision to bar Clemson from using any state money for outside legal expenses, exit fees or entry fees directly associated with athletic conference affiliations. That provision still needs to be agreed to by House members.

Clemson sued the ACC this spring over its exit fee in an initial step to potentially leave the conference during a new round of college football realignment. Over the past few years, the Tigers have been linked to the Big Ten and Southeast Conference as a potential expansion candidate, primarily because of the success and national relevance of the school’s football program under head coach Dabo Swinney.

In the March 19 lawsuit, Clemson says the ACC’s total exit fee, which has been estimated at $572 million, is “unconscionable and unenforceable.”

The lawsuit claims the ACC has made “erroneous assertions” when it claimed it “irrevocably owns the media rights of member institutions” for home games played through 2036, even if a school ceases to be a member of the conference, and that member schools “must pay an exorbitant $140 million penalty to leave the conference.”

The ACC, facing a similar lawsuit from Florida State, has counter-sued Clemson in Mecklenburg County, North Carolina, where the conference is headquartered.

Clemson’s approval for legal representation through June 30 does not specifically indicate the school is anticipating its lawsuit to be decided or settled by that date. Rather, it’s an initial step for the first four months of litigation.

Clemson can and likely will file a similar request for approval for future months of litigation, as lawyers who are observing the case but not connected to the case have told The State they expect the Clemson-ACC lawsuit to be a lengthy battle.