facebook linked in twitter youtube instagram

Nelson Mullins COVID-19 Resources

Nelson Mullins is continuing to monitor developments related to COVID-19, including guidance from the Centers for Disease Control and various federal, state, and local government authorities. The firm is taking appropriate precautionary actions and has implemented plans to ensure the continuation of all firm services to clients from both in office and remote work arrangements across our 25 offices. 

In addition, click the link below to access extensive resources to address a wide variety of topics resulting from the virus, in general and by industry,  including topics such as essential businesses, force majeure, business interruption insurance, CARES Act and FFCRA, and others. 

Nelson Mullins COVID-19 Resources

The LatestView All

Joseph Stanton and Michelle Tanzer Named Florida Trailblazers by the Daily Business Review

September 8, 2020

Joseph Stanton and Michelle Tanzer Named Florida Trailblazers by the Daily Business Review
close

Insights

January 31, 2020

Board of Trustees of the University of Arkansas v. John Scott, Jr.: Drafting Buyout Clauses Reflecting the Economic Realities of Today’s College Football Game

By Daniel A. Cohen, Jeffrey R. Daniel

Sports Litigation Alert

On Nov. 18, 2019, the Board of Trustees for the University of Arkansas (“UA”) filed a lawsuit against former defensive line position coach John Scott, Jr., seeking to recover $187,862.32 in liquidated damages under his employment contract’s buyout clause, as well as attorneys’ fees and prejudgment interest.

Scott entered into the employment contract on Jan. 18, 2018, earning an annual salary of $340,000 over the contract’s two-year term ending on Feb. 28, 2020. Under the buy-out clause, however, if he terminated the contract before that date, he became obligated to pay UA 50 percent of any remaining salary to which he would have been entitled under the remaining term, within 30 days thereafter. The only exceptions were if Scott left to become a college head coach or a full-time NFL coach, or if he had the written approval of certain UA officials.

The buyout clause states that, if Scott terminated the contract prematurely, UA would suffer damages in an amount difficult to determine, including expenses incurred in searching for and hiring a replacement coach, as well as other “tangible and intangible detriment” to the football program and its fans and donors. In exchange for this amount, UA agreed it would release any claims it might have against Scott’s new employer. Both parties also recite that the payment was “not a penalty.”