O’Melveny Files Lawsuit Against Mountain West Conference on Behalf of Colorado State University and Utah State University
December 16, 2024
FOR IMMEDIATE RELEASE
LOS ANGELES—December 16, 2024—O’Melveny has filed a lawsuit against the Mountain West Conference on behalf of Colorado State University and Utah State University.
The complaint was filed on December 16 in Colorado state court in response to the Conference’s extraordinary and illicit efforts to penalize Colorado State and Utah State—as well as Boise State University, Fresno State University, and San Diego State University—for the five members’ announced intent to leave the Mountain West and join the Pac-12 Conference in 2026, following the conclusion of their media rights deal.
Since learning of the intended future departures, the Mountain West and its Commissioner, Gloria Nevarez, have willfully disregarded Conference bylaws and governance procedures, freezing the five schools out of board meetings and operating secretly to violate their rights as members. And the Conference and its Commissioner have now threatened to withhold tens of millions of dollars, including this season’s College Football Playoff revenues and post-season travel cost reimbursement.
In numerous secret meetings, the Conference and its Commissioner have entered into side agreements promising the remaining seven members millions of dollars earned by and owed to the five departing members. Despite the five members’ multiple requests and objections, the Conference has continued to exclude them from participating in board meetings and refused to turn over board minutes and other corporate records in violation of Colorado law.
The entire complaint can be viewed here.
“While it is unfortunate that the Conference and its Commissioner have taken actions designed to penalize the departing members, all five departing members stand united in their duty to protect the rights and interests of their institutions, student-athletes, and fans,” said O’Melveny partner Steve Olson, co-chair of the firm’s Litigation Department.
In addition to Olson, the O’Melveny team representing Colorado State University and Utah State University includes litigation partners Matt Cowan and Tim Heafner.
O’Melveny has extensive experience in collegiate conference realignment matters and has previously advised Stanford University and UCLA on their recent conference moves.
About O’Melveny
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Contact:
Brandon Jacobsen
O’Melveny & Myers LLP
+1 213 430 8024
bjacobsen@omm.com
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