Cotchett, Pitre & McCarthy, LLP filed a lawsuit on behalf of Mark Shuken and Brent Willman against Pac-12 Enterprises, LLC and Pac-12 Network LLC, and Pac-12 Conference (collectively, “Pac-12”) for alleged unlawful termination, defamation, and breach of contract. Shuken was the President of Pac-12 Network, LLC, and Willman was the Chief Financial Officer of the Pac-12 Conference, LLC.

Shuken and Willman allege the Pac-12, the powerful college athletic conference, retaliated against them by unlawfully firing the former top executives and defaming them in a press release that cast the highly respected sports executives as unethical and responsible for the Pac 12’s financial mismanagement.

As alleged, Pac-12 learned in 2017 of results from an external subscriber audit it ordered for the year-end 2016, revealing Comcast, a Pac-12 distributor, was potentially erroneously overpaying Pac-12 by approximately $5 million annually. Comcast, like most other cable and satellite operators and distributors, enter into distribution agreements to pay Pac-12 for subscriber services and determines their subscriber fee calculations unilaterally.

The complaint alleges Willman and Shuken shared the preliminary audit results that showed a potential cable television overpayment with then Pac-12 Commissioner Larry Scott, who kept the information from the Pac-12 Board and denied the findings of the audit results.

In November 2022, Comcast conducted its own internal audit and discovered the overpayment itself, which had then accumulated to $50 million dating back to 2012. Seeking to deflect any blame, the complaint alleges the Pac-12 terminated Willman and Shuken, publicly blaming them for “failing to disclose” the audit results to the Pac-12 Board and external auditors in 2017.

Willman and Shuken allege that both of their employment contracts specify they report directly to the Commissioner, not to the Board, and they both repeatedly raised the audit results with Commissioner Larry Scott at the time.

The complaint alleges the Pac-12 terminated Willman and Shuken and publicly blamed them for the failure to disclose the audit results in order to deflect blame and avoid scrutiny.

Willman and Shuken, respected and loyal professionals with decades of experience, bring claims for defamation, retaliation, breach of contract, and injunctive relief.

Nanci Nishimura, a partner at the Burlingame firm of Cotchett, Pitre & McCarthy said:

“It is appalling to see loyalty and honesty scapegoated to cover up for the Pac-12’s financial and managerial corruption. The PAC-12’s door of dysfunction as alleged, should be looked at very carefully.”

Tamarah Prevost, a partner at the Burlingame firm of Cotchett, Pitre & McCarthy said:

“As alleged in the complaint, it is outrageous that the Pac-12 fired two trustworthy, loyal employees for no justifiable reason. But spreading utter falsehoods casting them as dishonest is truly beyond belief. Our hope is this case sheds light on the truth: that the Pac-12 only fired Shuken and Willman to hide its own egregious mismanagement.”

Pat Barrera, founding partner at the El Segundo firm of Barrera & Associates said:

“The PAC-12 should be ashamed of itself for spreading lies about two professionals with pristine reputations in the industry for being honest and forthright, and who did nothing but follow directives from their superiors.”

The complaint can be viewed HERE.

About Cotchett, Pitre & McCarthy, LLP

Cotchett, Pitre & McCarthy, LLP engages exclusively in litigation and trials and has earned a national reputation for its dedication to prosecuting or defending socially just actions. To learn more about the firm, visit www.cpmlegal.com.

About Barrera & Associates

Barrera & Associates seeks justice for clients, offering comprehensive employment law services for people experiencing mistreatment at work, and acting as champions for the rights of employees. To learn more about the firm, visit https://www.baattorneys.com/.

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