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Cumulus Sues Former Ticket Hosts Over Podcast Venture

P

pjc1961

Due to "conflicting digital media interests", Dan McDowell and Jake Kemp have been sued over their new Patreon podcast "The Dumb Zone".
Cumulus feels that the duo are breaching their non-compete clauses in their contract by producing a similarly-formatted podcast within 6 months of termination.
Cumulus contends that they "will continue to sustain significant and irreparable harm due to the actions of McDowell and Kemp."

Story link: Radio Industry News, Radio Show Prep, Radio Promotions, Radio Station Data, Podcast News
 
lol.

A radio station threatened by a podcast.

If that doesn't say it all right there, I don't know what else would; especially considering the ratings draw of The Ticket.

Radio treats people like dogs. Always have.
 
Kramer said:
lol.

A radio station threatened by a podcast.
Click to expand...

The size of the audience was not the issue.

Documents pertaining to the case reveal that McDowell, who became associated with The Ticket in 1999, had a clause in his contract that barred him from engaging in activities that were essentially the same as his radio work, whether directly or indirectly, for a period of six months following the conclusion of his contract.
Click to expand...

Always read your contract. You'd think at some point in his time at the station that he'd negotiate that clause out. He gave them the sword.
 
Posting a video to Youtube to explain their departure was fine. Doing a podcast within that 6 month non-compete period and using the word "zone" in the name... was not wise. Just wait it out, then start. It's that simple.
 
A podcast is not over-the-air broadcasting. Is Cumulus saying "you must be absolutely silent and make no money by any communications means for 6 months"?
 
AlanB said:
Is Cumulus saying "you must be absolutely silent and make no money by any communications means for 6 months"?
Click to expand...

No. Here's what they say:

Cumulus argues that McDowell and Kemp began producing their new podcast while still employed by The Ticket, thereby violating the non-compete clauses in their contracts. The complaint asserts that "The Dumb Zone" is essentially an identical show with the same format as "The Hang Zone," targeting a male audience and focusing on sports in the Dallas area.
Click to expand...

It's not unusual for people under non-competes to stay completely silent, and hold off on launching a podcast until after it ends.
 
TheBigA said:
The size of the audience was not the issue.



Always read your contract. You'd think at some point in his time at the station that he'd negotiate that clause out. He gave them the sword.
Click to expand...
Jake also had a clause in his stating he could not do a podcast either.
 
Gopher said:
Jake also had a clause in his stating he could not do a podcast either.
Click to expand...
But Jake did the "It's Just Banter" podcast with TC Flemming....while employed with Cumulus.
 
salemjedi54 said:
But Jake did the "It's Just Banter" podcast with TC Flemming....while employed with Cumulus.
Click to expand...
True, but it didn't compete with any Cumulus programming at the time. They will be in court on the 21st I believe over a TRO. This whole thing gets more convoluted by the day.
 
After the August 21 hearing, the parties agreed to continue mediation towards an agreement and the podcast was put on hiatus. A 2nd hearing was scheduled for August 29th, but then postponed until September 15th to allow for more mediation and also for McDowell + Kemp to file their legal response to the Cumulus lawsuit.

Since 8/29, the former show hosts have resumed uploading their podcast. Stay tuned...

www.insideradio.com

‘The Dumb Zone’ Is Back, For Now, As Cumulus Continues Mediation With Former KTCK Hosts.

Dan McDowell and Jake Kemp are back to posting episodes of “The Dumb Zone” podcast after agreeing to briefly put the controversial show on hold as part of ongoing mediation
www.insideradio.com www.insideradio.com
 
It's all over! McDowell + Kemp settle with Cumulus Media (Susquehanna Radio LLC) with terms undisclosed.

radioinsight.com

Cumulus Settles Lawsuits With Former KTCK Hosts Dan McDowell & Jake Kemp Over Noncompete Violations - RadioInsight

Cumulus Media and former "The Ticket" 1310 KTCK Dallas/96.7 KTCK-FM Flower Mound TX midday hosts Dan McDowell and Jake Kemp have announced they have mutually agreed to a resolution of their litigation against each other. The duo exited their 12-3pm "Hang Zone" show in July and immediately...
radioinsight.com radioinsight.com

The Washington Post had written an article on the situation which mentioned that a potential trial could have presented a challenge to most non-compete clauses: (link may be available via a free preview)

 
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