That makes complete sense - most of the stuff I've done is in context with M&A transactions and revolves around key employees. I usually just call up the employment people and make them deal with those issues.

From DESNEWS article:
A Web site that tracks coaching salaries has Mendenhall a close second, a figure ($900,000) the BYU coach has publicly said is "inaccurate." Because BYU and TCU are private schools, details of their contracts are not public information.

I admit I wanted Kyle. So did most of CB. A poll at the time had KW favored over Bronco at least 3:1. Right now it's hard to find guys admitting they wanted KW, so most everybody's lying about it, IMHO. :)

I'm glad we have Bronco, but I wouldn't say that after 2.75 seasons, you could say who's done the better coaching job, or whether or not KW would've done better at BYU.

KW's done an incredible job with in-state/LDS recruiting, challenging BYU for the top guys consistently for the first time ever.

Head to head: edge to KW. 2005 coaching job: edge to KW. 2006 coaching job: edge to Bronco. 2007 coaching job: wash so far, let's see how it turns out.

Some ways I'm NOT going to evaluate the two coaches on is:

who is a better fireside speaker
who is more "classy"
who is morally superior

http://www.cougarboard.com/noframes/...html?id=998113

Basically, essentially no one was that excited about the Bronco hire initially.

http://www.cougarboard.com/noframes/...html?id=997054
http://www.cougarboard.com/noframes/...html?id=999196

A couple comments (generally, not to you specifically). First, I don't think that a head football coaching job at a major university has an analogy to anything any of us do unless we negotiate contracts for head football coaches at major universities. I just don't think there is really an analog to this.

Second, this is a personal services contract, right? So forget about the proof issues for a second and assume that you have some kind of parol agreement. When KW renigs on it, what part of the agreement can BYU enforce? The only thing I can think of is a non-compete which would keep him from coaching at a MWC school unless he has already been paid.

So I guess my question to K-dog is, when you say the terms of the contract were agreed to did you include a non-compete in that? If you didn't, since your obviously not talking about a contract that can be specifically enforced (13th amendment and all), aren't you missing a material term and hence no mutual assent?

Last, if the parties go off to draw up a writing to reflect the deal, I would say that is pretty good evidence that the deal isn't complete. For example when I call opposing counsel and ask him to extend the discovery deadline, I follow it up with a letter which says "hey just confirming here is what we agree to." The agreement is complete. If I don't send the letter, the agreement is still complete.

But I have negotiated many, many things where the material terms are thought to be in place and the deal breaks down or nearly breaks down over what I think is minutia. If BYU sues KW on the parol agreement, I'm arguing that the negotiations are nothing more than an agreement to agree. Everyone involved contemplates that this deal is put in writing and not done until signed.

Now if you are making a moral argument that KW shouldn't conduct hardball negotiations with the church, then I guess I can at least see it even if I can't agree with it. I would say that if you are going to play a big boys game you can't cry when you get roughed up a little. In the end, as many have said, each school probably walked away with the best coach for them.

Sorry for the long ramble.

I wanted Kyle. By all objective measures, he was the best realistic candidate available. I "hate" Kyle because he spurned BYU for our rival, but if it wasn't for that, I'd like him. Sure he's a dickhead at times, but he's passionate about the game and he's a good coach.

And I'm glad Bronco is BYU's coach.

I do work in job recruiting.

In fact it's very unethical and in many cases, in many industries can end up resulting in said flake being black balled if he goes back on agreed to terms.

Also when it looked like Kyle had agreed to terms with BYU, Bronco had already lined up to head to UNLV to be Sanford's Defensive Coordinator.

I'm with you, although the contract might not be binding it is still considered unethical and very bad form to reneg on agreed terms.

but (generally speaking), what if you can't come to an agreement on other terms - certainly you aren't implying that the parties should still be bound by the agreed upon terms just because it is the ethical thing to do.

Sorry I don't buy the info from this thread.

I don't trust the "inside" info about Kyle and the contract.

There's a big difference between "agree in principle waiting to think about it or pray about it or run it by my wife" and "I've read the contract everything's perfect, I've made my decision and committed to it, fax it over and I'll sign".

I don't care who says they know what happens. I wouldn't care if Holmoe told me face to face or if KW told me face to face. Everyone fudges this kind of information to make themselves more sympathetic.

Don't believe "inside info". You're probably getting manipulated by it.