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Kansas, You Need to Play Hardball Now

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

It hasn't even been 24 hours since Kansas won the national championship and Bill Self is already talking about his contract situation -- and one that still has four years remaining on it! In an interview after the game last night, Self told ESPN that he wouldn't rule out listening to an offer from Oklahoma State: "That's my alma mater. I know people down there. But they haven't contacted me." Although Self signed a five-year contract extension last season that increased his annual compensation to more than $1.3 million with a chance to make another $350,000 each year if he meets incentives, Self told ESPN after the game that he needs to talk to KU athletic director Lew Perkins: "I want to visit with my athletic director. To be real honest with you, I love Kansas. I love my job here, and hopefully it will be a situation where I can spend a long time here. I'm certainly not looking to leave, but Lew and I got to visit. I'm sure that'll happen in the next couple days."

Enough is enough! It's time to play hardball, Lew. Tell Self that you're going to hold him to his 5 year commitment he signed last year. Tell him that if he leaves for OSU, a lawsuit will be immediately filed against both Self (for breach) and OSU (for interference with contractual relations) seeking a negative injunction preventing Self from signing with OSU. Having just won a national championship bolsters a claim of irreparable harm to KU necessary for injunctive relief, in other words, that money damages are inadequate and not ascertainable. Self may be feeling like he has a leg up on you because his contract doesn't contain a buyout provision. But ironically, the fact that Self's contract does not have a liquidated damages clause if he terminates would support a claim for injunctive relief. Moreover, courts are most likely not going to be sympathetic to Self who is already handsomely compensated. The timing is right, and KU is ideally situated, for an eager court to throw a wrench into this rapidly moving carousel of college coaches.

Full post as published by Sports Law Blog on April 08, 2008 (boomark / email).