Looking at the teams to get to 40 each....you'd also have to pull up some lower tier schools. Like UCF, USF, Rice, Tulane, etc. You'd have to pull the top teams from the AAC and include Oregon State and Washington State back with their old buddies.the biggest problem I see with the SEC and B1G breaking off and forming a so-called Super Conference is teams like Rutgers, Purdue, Northwestern, Maryland, Miss state, Vandy, and some other traditionally weak teams are in the upper tier league. Try and keep them out and the lawsuits start and then the other lesser conferences join the lawsuits because they think they belong too.
Doesn't matter though....because you're absolutely right.....lawsuits will kill it all.