Tag: Tom Mars

Jim Harbaugh’s lawyer seemingly plagiarized his response to the Big Ten from a message board and fans have so many theories

Coincidence or conspiracy? The Stalions scandal takes another weird turn.

Just when you think the Michigan football-Connor Stalions-alleged sign-stealing scandal can’t get any more ridiculously absurd, college football fans are here to remind you it absolutely can and will.

Take yesterday’s response to the Big Ten from Jim Harbaugh’s lawyer Tom Mars.

The letter is 10 pages long and full of all the legal theories you’d expect. But there is no official document college fans won’t peruse in its entirety and those who did discovered quite the coincidence: One of the arguments made by Mars was previously posted, word-for-word, on a Wolverines message board two days earlier from someone claiming to be a lawyer and Michigan alum.

Take a look for yourself.

From the MGoBlog post:

That provision is unambiguous and lists no exceptions. There is no rule in the conference handbook that would allow the Commissioner to bypass the NCAA (and the Big Ten’s Compliance and Reinstatement Subcommittee) because the Commissioner feels peer-pressured to act quickly.

And from the Mars letter:

Rule 32.2.2(C) is unambiguous and has no exceptions. There is no rule in the Big Ten Handbook that would allow the Commissioner to bypass the NCAA (and the Big Ten’s Compliance and Reinstatement Subcommittee) only because the Commissioner feels pressured to act quickly. Nor is there any precedent in the history of the Big Ten for imposing penalties without a reasonable investigation first being completed of the incident in question.

Huh. Weird! Surely college fans will just let this go.

Just kidding, of course they didn’t. The theories began running wild almost immediately over the similarities. My personal favorite is that Mars was testing out his talking points on MGoBlog before officially responding to the Big Ten.

Of course, there’s no evidence any of that is true. It just didn’t stop the conspiracy theories from taking off.

Attorney Tom Mars working closely with Big Ten football parent movement

Buckeyes Wire has learned that multiple Big Ten parents and parent groups are using attorney Tom Mars to push the league for answers.

Ohio State and other Big Ten football parents are revolting, looking for answers, and they have apparently turned to a prominent, trusted force in attorney and collegiate player advocate Tom Mars.

If the name is familiar to Buckeye fans, it should be. Mars successfully represented Justin Fields’ appeal to the NCAA to be granted a waiver for immediate eligibility when he transferred from Georgia to Ohio State at the conclusion of the 2018 season. He also has assisted other high profile college athletes on similar matters, including Michigan’s Shea Patterson.

Big Ten parents’ courtship with Mars

Buckeyes Wire has learned that Mars has been approached by several different football parents and parent groups to provide guidance, support and leverage to help move the cause of transparency along. Though specific parents or parent groups were not confirmed by Mars because of client confidentiality, Mars said he is being leaned on heavily through a process that hopes to push the Big Ten into more cooperation and communication surrounding the league’s decision to postpone the fall football season.

“It started with a core group of parents who I agreed to help and it sort of expanded without my help to a larger group of people who probably see me as their lawyer, some of whom I’ve never even spoken with,” Mars told Buckeyes Wire.

Mars’ office has sent letters to all 13 public Big Ten institutions under each state’s Freedom of Information statutes, requesting detailed communications between the universities and Big Ten officials. Buckeyes Wire was able to obtain the letter sent to Ohio State, and an OSU spokesman confirmed receipt of the letter. Mars also told Buckeyes Wire that OSU acknowledged receipt of the letter to him via email and has communicated efforts to provide a response in a “reasonable amount of time,” as dedicated by Ohio’s open records law.

Mars’ bigger role and support for Big Ten parents

However, Buckeyes Wire also has learned that Mars has assisted in compiling some of the language in parent group letters to the Big Ten and conference Commissioner Kevin Warren. Mars did not explicitly confirm he had a hand in the #B1GParentsUnited letter sent by a coalition of Big Ten parents on Wednesday, but he said he has been influencing direction for the parents throughout this process.

“I do operate behind the scenes in pretty much everything that I’m working on, whether that be college sports or something else,” said Mars. “I cannot comment on that particular letter, but yes, I probably had some influence in the messaging and communications that come out of different groups.”

The Big Ten announced its decision to postpone fall sports on Aug. 11 amid concerns over the impact of the coronavirus pandemic. Since then, the league has come under fire as three other Power Five conferences (SEC, Big 12 and ACC) have continued to work toward the start of their seasons. The Pac-12 is the only other Power Five conference that also has announced a shelving of the fall football season.

Buckeyes Wire reached out to the Big Ten for comment Wednesday evening but has not received an official reply.

The Big Ten’s subdued response

While caution over the safety of student-athletes amid a global pandemic is hardly anything to be critical of, many observers feel the Big Ten needs to provide answers. Some say they deserve answers because they are directly impacted by the conference’s decision, namely the parents of football players that don’t have much of a platform to speak out.

Much of the parents’ criticism involves a lack of transparency and communication in making a decision that has significant impacts on hundreds of athletes and their families. Whereas the Pac-12 revealed significant details regarding medical advice and other key decision points, the Big Ten has remained relatively silent and vague about what went into its decision-making process.

Many observers have questioned whether there was even an official vote to reach a consensus on the announced decision to pause athletic competition. Some have said the Big Ten severely underestimated the pushback that it has encountered and may regret its actions. In fact, some sources claim that if another vote were held today, the results would be much different.

Truth will come out

Now, all of those questions and notions are being pushed by Mars and parent groups. There may be pushback along the way, but Mars said he is confident the information eventually will have to be handed over. When it does, there’s going to be a lot of information out there for almost anyone to see — good, bad, or indifferent.

Buckeyes Wire had a wide-ranging conversation with Mars on these topics and will have more in the coming days, but there are still some questions that aren’t going to go away. Why do Kevin Warren and the Big Ten continue to remain fairly silent, and specifically what went into a vote to postpone the season? Furthermore, why aren’t there more details being provided?

That’s the gist of what Mars is hoping to bring to light in cooperation with the various parent groups, and this appears to be just the start of it.

“Never underestimate a mob of angry parents,” Mars said.

 

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Ohio State receives FOIA letter from well-known attorney and player advocate Tom Mars

Ohio State confirmed receipt of a letter from attorney Tom Mars requesting details around the Big Ten’s decision to postpone fall football.

It has been widely reported that several Freedom of Information Act Letters (FOIA) went out to Big Ten institutions requesting information and communications surrounding the league’s decision to postpone the fall football season. Those letters were drafted by well-known attorney and player advocate Tom Mars’ office and reportedly went to all thirteen public Big Ten members. Northwestern was excluded because they are not subject to open records law.

Buckeyes Wire has spoken to Mars and received confirmation that a letter was sent to Ohio State as a part of the effort for more transparency surrounding the decision and what types of communications went into such a monumental decision that affected so many.

“I can confirm that I’ve sent comprehensive FOIA requests to all Big 10 public universities (13) per rights afforded by the public records laws in eleven different states,” confirmed Mars in an email to Buckeyes Wire.

In response, a spokesman for Ohio State has confirmed the university received the letter from Mars’ office last Saturday. OSU also acknowledged receipt of the communication to Mars and is says it is working on a reply through email.

Buckeyes Wire is also in possession of the FOIA letter request that can be found in the below attachment.

Ohio State FOIA Request

The request is broad and detailed and is looking for all manners of communication that would have occurred between athletic director Gene Smith and president-elect Kristina Johnson with Big Ten representatives.

Under Ohio Open Records Law, OSU’s response falls under a rather ambiguous “reasonable period of time,” meaning it could be longer than other Big Ten schools and states that have a specific timeframe assigned their applicable legislation.

We’ll have much more on the status of all of this over the next few days.

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Contact/Follow us @BuckeyesWire on Twitter, and like our page on Facebook to follow ongoing coverage of Ohio State news, notes and opinion.

We have a forum and message board now. Get in on the conversation about Ohio State athletics by joining the Buckeyes Wire Forum.

Well known player advocate attorney Tom Mars files Freedom of Information Act request with Big Ten

Attorney Tom Mars has filed information requests with Big Ten member institutions to dig into Big Ten decision to postpone fall sports.

Big Ten commissioner Kevin Warren has finally spoken after over a week of silence. As the league continued to crack at the foundations with player, parent, and administrator concerns over the lack of transparency and plan surrounding the postponement of the fall football season in 2020, we waited for reaction.

Warren finally released an open letter to the Big Ten community reiterating the stance to postpone the season to the spring, and a so-called final verdict that it will not be revisited.

That has now resulted in some action well known collegiate player advocate Tom Mars. We reported earlier this week on a piece from the Columbus Dispatch that showed Mars beginning to weigh in on the situation, and even speaking on behalf of some that were questioning how the decision was made.

Mars, who represented several players, including Justin Fields, in gaining waivers for immediate transfer eligibility, had previously said that getting lawyers involved in the process was not his desire. However, you had a feeling if this thing continued to gain momentum without Big Ten cooperation that things could change.

And change it has apparently.

According to Angelique Chengelis of the Detroit News, Mars has filed a Freedom of Information Act request with Michigan to gather further details around the decision to postpone fall sports. There are reportedly other FOIA requests that will be, or have already, been sent to the other Big Ten institutions.

In it, Mars asks for all-encompassing details that you can view below to try and foster more transparency about how everything was arrived at, and what drove the decision-making process.

“Because the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the Big 10’s decision to cancel fall football, I request a waiver of all fees,” the request reads.

The Michigan Freedom of Information Act requires a response within five days, however, Mars also states that he understands the pandemic could hinder that timing in the letter.

This is an evolving story, and it’s probably just the beginning, but it’s clear Mars is representing someone of significance in pulling these strings here.

 

Columbus Dispatch: Well known attorney believes Justin Fields’ actions could result in reversal by Big Ten

Well-known player advocate attorney Tom Mars believes Justin Fields’ and others’ actions will force the hand of Kevin Warren the Big Ten.

Just when you think the moves Justin Fields, football parents, and other administrators’ actions are well-intentioned but unlikely to make any real impacts on the Big Ten’s decision to postpone the 2020 football season, we get some news about well-known attorney Tom Mars entering the fray.

For those that need a reminder, Mars has represented (successfully I might add) many high-profile college football players in their attempts to obtain a waiver exception for immediate eligibility for undergrads. He was the attorney that represented Justin Fields in gaining immediate eligibility at Ohio State.

The Columbus Dispatch (subscription may be required) reached out to Mars and got some insight on where the huge pushback from Big Ten players, parents, and coaches might be headed. Be ready to be surprised, because he believes it could all result in a reversal of action by the Big Ten.

Mars believes that having Fields as the face of this whole push means more than anyone is giving it credit for.

“I think it’s going to matter a lot,” Mars told The Dispatch. “I think it already matters. I don’t think this dilemma is going to be solved in a court of law. I think it’s going to be solved in the court of public opinion. I can’t think of any individual in college football — player, coach or otherwise — who has more credibility and respect than Justin Fields.”

Also of significant note — and a bit of a revelation — at the request of several parents of Big Ten players, Mars has written a two-page proposal entitled “Action Plan to Mitigate Concerns and Legal Risks of Playing Fall 2020 Football.”

Yes, you read that right.

And here’s the deal. Mars believes the Big Ten has to act or face some issues in the court of public opinion. With the groundswell of support for getting on board with trying to play games in the fall, there are some real problems that could arise for the league.

There are concerns about counterproductive moves to ban liability waivers, as well as what can only be viewed as a premature decision by the Big Ten to postpone the season and the lack of detail and transparency in making such an impactful decision.

“The failure of transparency has called into question the legitimacy of their decision,” Mars said, “which reminds me of that expression I heard and was taught long ago: Transparency is the foundation of legitimacy. Without it, you can expect people to question your motives and question whether you made a good decision.”

Mars said that there has also been some talk about taking legal action, but it isn’t the path he would prefer to go.

Cade Mays debuts for Tennessee

2020 Tennessee football.

KNOXVILLE — Offensive lineman Cade Mays transferred to Tennessee from Georgia during the offseason.

Mays made his Tennessee debut Tuesday after taking part in the Vols’ first practice during spring football.

Cade Mays
Photo by Dan Harralson, Vols Wire

Mays will need a waiver from the NCAA in order to play this season and not have to sit out due to transfer rules.

He is being represented by attorney Tom Mars.

In January, Mars provided the following statement to Vols Wire regarding representing Mays:

“I can confirm I am representing Cade Mays in connection with his transfer from Georgia. Based on my investigation of the facts and circumstances, I’m highly confident that Cade will be granted a waiver allowing him to play next season. Of all the waiver cases I’ve been involved in, I’ve never seen anything quite like this one. And for the sake of everyone who loves college football, I hope I don’t ever see another one.

The student privacy requirements of federal law don’t allow the NCAA or its member institutions to publicly comment on the reasons behind a student-athlete’s transfer, and there’s no reason that they should. The fact that a college student is a high-profile student-athlete doesn’t entitle everyone who has a Twitter account or press credentials to know every little detail about that student’s college experience. That said, of the thousands of college football fans who’ve speculated on social media why Cade decided to leave UGA, I haven’t seen a single comment that even comes close to the truth.

Eligibility waivers are decided by the Legislative Relief section of the NCAA. NCAA Enforcement has nothing to do with eligibility decisions. I’m under contract with NCAA Enforcement as an “Independent Enforcement Advocate” (on a standby basis without compensation) to be part of a team of professionals who will handle any enforcement cases that might eventually be assigned to the Complex Case Unit. My contract with NCAA Enforcement prevents me from representing anyone in a matter that involves alleged infractions of the NCAA rules. However, I’m not prohibited from representing student-athletes or advising schools in matters regarding eligibility. If I’m asked to handle a matter assigned to the CCU at some point in the future, I’ll withdraw from doing any work on the eligibility side of the NCAA just to avoid the appearance of a conflict of interest. In the meantime, a large part of my sports law practice still involves student-athlete eligibility issues.

The Mays family has never said a word to anyone about Kevin Mays’ lawsuit. The timing of the news stories about Mr. Mays’ lawsuit makes clear that UGA leaked this story to sports writers today after Cade delivered a letter to Kirby Smart late yesterday explaining the reason he’s leaving Kirby’s program. In fact, one sports writer I spoke with earlier today confirmed that’s how he found out about the lawsuit. I suppose I shouldn’t be surprised that UGA is continuing to take the low road about the lawsuit, but directing sports writers to Mr. Mays’ lawsuit set a new record low for UGA Athletics.”

A way-too-early preview of Tennessee’s 2020 offensive line

A way-too-early preview of Tennessee’s 2020 offensive line.

After a strong end to the 2019 season, in which Tennessee’s offensive line helped the Vols rush for 552 yards and five touchdowns while only allowing one sack in the final three games, the unit entered the offseason with plenty of momentum.

Even with the outgoing transfers of contributors Ryan Johnson and Marcus Tatum, along with the assumed departure of starting left guard Trey Smith to the NFL Draft, the offensive line was poised to be a strength for Tennessee in 2020.

Then, the unexpected happened. Not only did Smith announce his return for his senior season, but Georgia offensive lineman Cade Mays, a former Tennessee commit and Tennessee legacy, abruptly declared he would transfer from Athens to Knoxville for his junior year.

Pending an immediate eligibility waiver, Mays’ lawyer says he is “highly confident” his client will play next season. With Mays’ immediate eligibility, the Vols could potentially have four former 5-stars and a 4-star starting on the offensive line in 2020.

Suddenly, offensive line coach Will Friend has an embarrassment of riches to develop up front.

Smith will be back at left guard, and could play his way into a first round draft grade in his senior season. Arguably the most talented player on Tennessee’s roster, Smith’s battle with blood clots has been well-documented, and was often cited as a reason why most believed he would declare early for the draft. Tennessee put him on a program that held him out of contact in practice throughout the season, and Smith ended 2019 as a first team All-SEC player. Smith believes another complete season at Tennessee could ease NFL scouts’ concern that his health could terminate his career early, and the Vols will benefit greatly from that decision.

Not only does Tennessee return a complete mauler up front as one of the best offensive linemen in the country, but also a leader in the locker room and a fixture in the Knoxville community.

If Mays is immediately eligible this season, the Vols will have the benefit of an experienced, talented and versatile lineman that would have been a sure-fire starter for the Bulldogs in 2020. It seems as though right guard could be the best fit for Mays in Knoxville, but the rising junior started at four different positions along the Georgia offensive line during his two seasons in Athens.

At center, Tennessee received another boost when Brandon Kennedy announced he was granted a sixth year of eligibility on a medical hardship after missing nearly all of 2018 with a torn ACL. The only offensive lineman to start every game at the same position for Tennessee in 2019, the Alabama transfer and former 4-star prospect will bring a veteran presence at one of the most important positions on the field.

The rising sophomore duo of Wanya Morris and Darnell Wright will also return, and are expected to bookend the left and right tackle spots when the Vols kick off 2020 against Charlotte in Neyland Stadium. Morris started 12 games in 2019 and finished the season strong, earning several freshman All-America honors and being named to the Freshman All-SEC team while showcasing his natural ability, particularly as a pass blocker.

Wright came to campus in the summer, and was not as much of a staple as Morris, making six starts at right tackle all season. The former 5-star did join Morris on the Freshman All-SEC list however, and will be expected to make big strides in the lead-up to 2020 with his 6-foot-6, 330-pound frame.

Rising redshirt junior K’Rojhn Calbert and redshirt senior Jahmir Johnson bring experience and depth at both tackle spots, and are both players Tennessee’s staff will trust to step in. Make no mistake, however, all eyes will be on Wright and Morris to become All-SEC caliber players in 2020.

Rising junior Jerome Carvin started the final seven games for Tennessee in 2019, and could be penciled in as the starter at right guard if Mays is ruled ineligible. Carvin could shift over as a backup at center for Kennedy as well, and the Memphis native will be a key part of this unit’s depth. Riley Locklear is another member of the line with starting experience at different positions playing out his senior season in 2020.

Another legacy in Jackson Lampley, the son of former Vol Brad Lampley, redshirted in 2019 while appearing in two games. The former 4-star Nashville native could be called upon to add depth in 2020, along with Chris Akporoghene, Kingston Harris and Ollie Lane.

Tennessee brings in a crop of newcomers to build for the future, and it remains to be seen how the young players fit into the 2020 rotation, especially after the news of Smith and Mays this offseason.

Cooper Mays, the younger brother of Cade, is the only offensive lineman on campus as an early-enrollee. A 4-star out of Knoxville Catholic, Mays was a key member of Tennessee’s 2020 class. 6-foot-3, 338-pound guard Javontez Spraggins will join Tennessee in the summer, along with 6-foot-4, 323-pound guard James Robinson from Montgomery, Ala.

Tennessee returns all of its running backs in 2020, and has a crowded quarterback room going into spring football to play behind Friend’s unit. For the first time in the Jeremy Pruitt era, the offensive line is arguably the most secure, experienced and talented unit on the offense.

Tom Mars ‘highly confident’ Cade Mays will play next season for Vols

Cade Mays set to transfer to Tennessee.

KNOXVILLE — Sophomore Georgia offensive lineman Cade Mays is set to transfer to Tennessee.

Mays will join his brother, Cooper a UT 2020 signee, at Tennessee. Their father, Kevin, is a former All-SEC offensive lineman for the Vols.

Kevin Mays saw part of his right pinky finger amputated in an accident with a folding chair at a Georgia team gala in December of 2017.

Cade could play immediately at Tennessee and not have to sit out a season due to NCAA transfer rules. He is being represented by attorney Tom Mars.

Mars provided the following statement to Vols Wire regarding representing Mays:

“I can confirm I am representing Cade Mays in connection with his transfer from Georgia. Based on my investigation of the facts and circumstances, I’m highly confident that Cade will be granted a waiver allowing him to play next season. Of all the waiver cases I’ve been involved in, I’ve never seen anything quite like this one. And for the sake of everyone who loves college football, I hope I don’t ever see another one.

The student privacy requirements of federal law don’t allow the NCAA or its member institutions to publicly comment on the reasons behind a student-athlete’s transfer, and there’s no reason that they should. The fact that a college student is a high-profile student-athlete doesn’t entitle everyone who has a Twitter account or press credentials to know every little detail about that student’s college experience. That said, of the thousands of college football fans who’ve speculated on social media why Cade decided to leave UGA, I haven’t seen a single comment that even comes close to the truth.

Eligibility waivers are decided by the Legislative Relief section of the NCAA. NCAA Enforcement has nothing to do with eligibility decisions. I’m under contract with NCAA Enforcement as an “Independent Enforcement Advocate” (on a standby basis without compensation) to be part of a team of professionals who will handle any enforcement cases that might eventually be assigned to the Complex Case Unit. My contract with NCAA Enforcement prevents me from representing anyone in a matter that involves alleged infractions of the NCAA rules. However, I’m not prohibited from representing student-athletes or advising schools in matters regarding eligibility. If I’m asked to handle a matter assigned to the CCU at some point in the future, I’ll withdraw from doing any work on the eligibility side of the NCAA just to avoid the appearance of a conflict of interest. In the meantime, a large part of my sports law practice still involves student-athlete eligibility issues.

The Mays family has never said a word to anyone about Kevin Mays’ lawsuit. The timing of the news stories about Mr. Mays’ lawsuit makes clear that UGA leaked this story to sports writers today after Cade delivered a letter to Kirby Smart late yesterday explaining the reason he’s leaving Kirby’s program. In fact, one sports writer I spoke with earlier today confirmed that’s how he found out about the lawsuit. I suppose I shouldn’t be surprised that UGA is continuing to take the low road about the lawsuit, but directing sports writers to Mr. Mays’ lawsuit set a new record low for UGA Athletics.”