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Head Coach [798]
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Lawyer Question about ESPN claiming TV contract being trade secret
Mar 7, 2024, 5:22 PM
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I do business with state agencies in Georgia and Florida. All of my contracts are publically available by nature of the transparency required in dealing with government agencies. FSU, Clemson, UNC, UVA, VaTech. I am not sure about Pitt, Louisville and Syracuse.
How come I have to make my contracts available to the public but a contract with an athletic conference made up of many public institutions would be protected as a trade secret. Just don’t see that argument holding up but I am no lawyer.
What do you lawyers think?
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Trainer [33]
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Re: Lawyer Question about ESPN claiming TV contract being trade secret
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Mar 7, 2024, 6:21 PM
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That is ESPN'S "Chewbacca defense".
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Head Coach [768]
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Re: Lawyer Question about ESPN claiming TV contract being trade secret
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Mar 7, 2024, 6:27 PM
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If making statements about the nature of contracts that might by being made public give competitors an advantage in certain situations are often protected or sequestered or redacted in print... Withlittle or no other evidence FSU mouthpieces talked more than they should! If ESPN were to sue they would have to show harm, which FSU will have to prove vs the GOR...SOL and criminal damages could change this whole issue...never trust a horse eater!
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All-In [25702]
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Re: Lawyer Question about ESPN claiming TV contract being trade secret
Mar 7, 2024, 8:18 PM
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Lol.
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CU Guru [1476]
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Re: Lawyer Question about ESPN claiming TV contract being trade secret
Mar 8, 2024, 12:30 AM
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Most state "sunshine" or Freedom of Information Act laws have provisions protecting "trade secret" information from involuntary disclosure - BUT . . . . . . (1) the exception for trade secrets only exempts the trade secrets . . . if the document contains other non-protected information, then the releasing party can redact the trade secret information, but must release the remainder of the document, (2) it is up to the party claiming the exemption privilege to prove that the exemption applies (i.e., that the requested information really is a trade secret), and (3) just because a contract involves a state institution does not make it a "trade secret" - the issue is the content of the document, not the parties to the document. BTW, sunshine and FOIA laws only apply to state institutions, such as state schools. Private schools, such as Miami, for example, are not covered by state FOIA laws, but if they are a party to a contract which requires non-disclosure, and the private school discloses the document anyway, the aggrieved party's remedy is usually in contract (violated the contract), not through sunshine laws. R/TLM
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Orange Blooded [2000]
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The public institution can release the info
Mar 8, 2024, 7:43 AM
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Disney doesn't have to?
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CU Guru [1476]
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Re: The public institution can release the info
Mar 8, 2024, 1:07 PM
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The "simple" answer is, usually not - but a lot of factors come into play. For instance, some state laws make any institution receiving state funding subject to FOIA laws of the state, at least as to that funding, and in many cases beyond that. But, for the most part, private parties are not subject to state and federal FOIA laws. Federal law also contains a privacy law, which is meant to protect individuals from release of information about them, and some states have such privacy laws, but not all do. R/TLM
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