In fight vs. NCAA, Tennessee retains potent attorney from Martha Stewart, Steve Bannon cases

The University of Tennessee has hired a pricey high-powered lawyer who served as President George W. Bush’s special counsel and sent Martha Stewart to jail as a prosecutor to take on the NCAA.

UT retained William "Bill" Burck, a partner at Washington D.C.-based firm Quinn Emanuel Urquhart & Sullivan, according to an engagement contract reviewed by Knox News. He's noted for representing high-profile clients, including New England Patriots owner Robert Kraft, FIFA, and former White House adviser Steve Bannon and former Chief of Staff Reince Priebus when Robert Mueller conducted his probe into President Donald Trump.

Burck worked under close friend and Supreme Court Justice Brett Kavanaugh in Bush’s White House. And he was a clerk to retired Supreme Court Justice Anthony Kennedy.

Burck will represent the university’s interests in an NCAA investigation into allegations that UT broke rules regarding name, image and likeness benefits for athletes in multiple sports, including football. Burck and his team of attorneys will “provide legal counsel and investigate” matters “in connection with allegations of rule violations by the NCAA.”

Burck has no connection to the legal team in the federal antitrust lawsuit filed by Tennessee Attorney General Jonathan Skrmetti against the NCAA over NIL rules. That case heads to a preliminary injunction hearing on Feb. 13 in a Greeneville courtroom.

The NCAA investigation into UT and the federal lawsuit against the NCAA are related because they deal with NIL rules and a judgment in the lawsuit could play a role in the NCAA probe into UT. But the cases are not directly connected.

Contract reveals when NCAA investigation got serious

The timing of the contract between UT and Burck is telling.

It was signed by UT general counsel Ryan Stinnett on Dec. 4, almost two months before the NCAA's NIL investigation was first reported by SI.com and acknowledged publicly by UT on Jan. 30.

Knox News has learned that the NCAA has shown interest in allegations against UT for several months. But the college sports governing body apparently got serious in December.

On Dec. 15, after UT had retained Burck, Chancellor Donde Plowman and athletics director Danny White requested a one-hour meeting with NCAA President Charlie Baker, according to emails obtained by Knox News via an open records request.

Plowman and White sought a meeting either in person or via Zoom. They repeated the request on Dec. 18. Baker declined through Michael Cioroianu, the NCAA director of executive affairs.

Cioroianu cited Baker’s busy schedule and family commitments and portrayed ignorance of the reason for the requested meeting.

“Is there a particular item they would like to discuss,” Cioroianu asked in the email to UT. “Happy to work with our leadership team to see who may be in the office during those timeframes.”

UT replied with more specifics, mentioning that SEC Commissioner Greg Sankey had already talked with the NCAA about the investigation.

“The matter about which they want to speak with Mr. Baker is the same matter SEC Commissioner Greg Sankey discussed with him at the end of last week,” Plowman’s office replied to the NCAA in an email.

“The matter is significant, time-sensitive, and can only be addressed with Mr. Baker. (Plowman and White) are willing to meet him anywhere.”

The meeting never took place. On Jan. 29, Plowman cited that in a scathing letter to Baker that Knox News obtained Jan. 30.

How UT’s lawyer worked for President Bush, prosecuted Martha Stewart

Burck is among the top white collar defense lawyers in the country and he has a wide range of experience from the White House to the U.S. Department of Justice.

Burck, a Yale law gradaute, is a member of the Washington and New York state bar associations. The New York Times called him the modern day “Washington superlawyer," according to his firm’s website.

In his role as a senior official in the George W. Bush White House, Burck provided legal advice to the president and senior White House officials on congressional and other government investigations, national security and foreign affairs, the financial crisis of 2008 and complex constitutional questions.

Burck also was a federal prosecutor in New York City. He served as a senior official in the criminal division of the U.S. Department of Justice and as an assistant U.S. Attorney for the Southern District of New York. He investigated and prosecuted white collar crimes.

Burck was a member of the trial team in the Martha Stewart stock-trading case. Stewart, the popular TV personality, was convicted on felony charges of conspiracy for lying to investigators and obstructing justice. She served five months in prison.

Burck was lead counsel to FIFA in the international football association bribery scandal. He represented Kraft in a prostitution solicitation case. And he represented Bannon, Priebus and former White House counsel Don McGahn in the Robert Mueller probe into Trump.

Burck was named D.C. White Collar Crime & Government Investigations Lawyer of the Year by Chambers USA, a world leader in lawyer rankings. Law360 tabbed him as a top-five white collar defense attorney in the United States in four consecutive years.

Why did UT change lawyers for this NCAA investigation?

Retaining Burck is a notable turn for UT.

In its previous NCAA investigation, the university retained Bond, Schoeneck & King, a firm specializing in NCAA cases and stocked with lawyers who previously represented the NCAA in infractions hearings.

In the Jeremy Pruitt recruiting scandal, UT got leniency from the NCAA. It was put on probation for five years, but it avoided a postseason ban. It was settled in July, just as this new investigation started to take shape.

This time, UT retained a lawyer who specializes in white collar crimes and government and regulatory litigation.

It relates well to the Tennessee attorney general’s federal lawsuit, which is challenging the NCAA’s rules under antitrust laws and running parallel to the NCAA investigation into the university.

NIL rules are being challenged as unlawful in a case that could reach Washington, where Burck is a seasoned insider.

How much will UT spend in legal fees?

UT spent almost $2 million in legal fees in the Pruitt investigation for Bond, Schoeneck and King.

Burck and his associates also don't come cheap.

His standard billing rate is $2,250 per hour, according to his contract. His junior associates charge $880 per hour.

But “we have agreed to discount our standard hourly fees by 15% for this matter,” the contract says.

UT must pay additional fees for travel expenses, paralegal services, word processing, meals, computerized research, filing fees, telephone toll charges, fees for experts and consultants and other expenses.

NCAA cases have become costly for UT. At the conclusion of the Pruitt case, the university paid $10.4 million in fines to the NCAA in penalties.

Adam Sparks is the Tennessee football beat reporter. Email adam.sparks@knoxnews.com. X, formerly known as Twitter@AdamSparks. Support strong local journalism by subscribing at knoxnews.com/subscribe.

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This article originally appeared on Knoxville News Sentinel: To fight NCAA, Tennessee retains lawyer who sent Martha Stewart to prison