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CBS SUES STERN FOR $500 MILLION!!!!
- Thread starter Don_Rosen
- Start date
Hollander Develops Novel NTR Plan
Somebody tell Joel Hollander: Don't book the $500 millions in revenue just yet. You might have trouble collecting.
(There is no mention of this on either the CBS Corporation or the CBS Radio website, at least not as of the time I write this)
> Check out the press release.
>
> http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> <P ID="signature">______________
SD</P>
Somebody tell Joel Hollander: Don't book the $500 millions in revenue just yet. You might have trouble collecting.
(There is no mention of this on either the CBS Corporation or the CBS Radio website, at least not as of the time I write this)> Check out the press release.
>
> http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> <P ID="signature">______________
SD</P>
Re: Hollander Develops Novel NTR Plan
> Somebody tell Joel Hollander: Don't book the $500 millions
> in revenue just yet. You might have trouble collecting.
> (There is no mention of this on either the CBS Corporation
> or the CBS Radio website, at least not as of the time I
> write this)
>
> > Check out the press release.
> >
> > http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> >
>
lawsuit has no merit ..they'll be laughed out of the courtroom
> Somebody tell Joel Hollander: Don't book the $500 millions
> in revenue just yet. You might have trouble collecting.
> (There is no mention of this on either the CBS Corporation
> or the CBS Radio website, at least not as of the time I
> write this)
>
> > Check out the press release.
> >
> > http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> >
>
lawsuit has no merit ..they'll be laughed out of the courtroom
A
allisonmarie
Guest
CBS Radio VS. Howard Stern
> Somebody tell Joel Hollander: Don't book the $500 millions
> in revenue just yet. You might have trouble collecting.
> (There is no mention of this on either the CBS Corporation
> or the CBS Radio website, at least not as of the time I
> write this)
>
> > Check out the press release.
> >
> > http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> >
>
Guess DLR just can't entice enough listeners to tune in and CBS has got to pay the bills somehow! It's their own fault for losing Howard, perhaps they should have spent just a bit more money defending the FCC fines in court rather than hiding under a rock! Maybe then Howard would have stayed with the company! And losing Uncle Mel wasn't such a great idea either! Quick somebody call CBS Radio a Waaaaaaambulence! Sour Grapes a-plenty! Agree or not?
> Somebody tell Joel Hollander: Don't book the $500 millions
> in revenue just yet. You might have trouble collecting.
> (There is no mention of this on either the CBS Corporation
> or the CBS Radio website, at least not as of the time I
> write this)
>
> > Check out the press release.
> >
> > http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> >
>
Guess DLR just can't entice enough listeners to tune in and CBS has got to pay the bills somehow! It's their own fault for losing Howard, perhaps they should have spent just a bit more money defending the FCC fines in court rather than hiding under a rock! Maybe then Howard would have stayed with the company! And losing Uncle Mel wasn't such a great idea either! Quick somebody call CBS Radio a Waaaaaaambulence! Sour Grapes a-plenty! Agree or not?
Re: Hollander Develops Novel NTR Plan
> lawsuit has no merit ..they'll be laughed out of the
> courtroom
I'm not lawyer, but that would be my guess. If true, CBS gets the worst of both worlds: No money AND more free publicity for Howard. As a bonus, Howard Stern gets more material for his show.
Who dreamed this up? This reminds me of the genius move at Fox News when they decided to sue Al Franken for using the phrase "Fair and Balanced" in his book title.
<P ID="signature">______________
SD</P>
> lawsuit has no merit ..they'll be laughed out of the
> courtroom
I'm not lawyer, but that would be my guess. If true, CBS gets the worst of both worlds: No money AND more free publicity for Howard. As a bonus, Howard Stern gets more material for his show.
Who dreamed this up? This reminds me of the genius move at Fox News when they decided to sue Al Franken for using the phrase "Fair and Balanced" in his book title.
<P ID="signature">______________
SD</P>
Re: CBS Radio VS. Howard Stern
> Guess DLR just can't entice enough listeners to tune in and
> CBS has got to pay the bills somehow! It's their own fault
> for losing Howard, perhaps they should have spent just a bit
> more money defending the FCC fines in court rather than
> hiding under a rock! Maybe then Howard would have stayed
> with the company! And losing Uncle Mel wasn't such a great
> idea either! Quick somebody call CBS Radio a
> Waaaaaaambulence! Sour Grapes a-plenty! Agree or not?
This is pretty rare, but we agree. It seems not only hypocritical and vindictive but just plain stupid that CBS/Infinity let Howard go on and on about Sirius while doing his show, and, now, after they've made a ton off his show even after he announced his departure, they're crying foul. Although I doubt it has much to do with the ratings book that just came out (lawsuits usually take longer to prepare than that), it definitely seems like sour grapes. After all, I think any one of us could have told them this would happen with Free FM, and their own research indicated they'd lose audience with the change. It's something they can't be happy about.
Ironically, I'm listening to Howard 100 on Sirius right now for the replay of today's show. It's only the second time I've listened to Howard since he went on-air at Sirius. The first time I listened to his show on Sirius was his first day there, and, before that, I last listened to his show in 1999 when I lived in Indy and could hear it on the old WNAP 93.1! So, if nothing else, this lawsuit has piqued my interest in Stern once again!
> Guess DLR just can't entice enough listeners to tune in and
> CBS has got to pay the bills somehow! It's their own fault
> for losing Howard, perhaps they should have spent just a bit
> more money defending the FCC fines in court rather than
> hiding under a rock! Maybe then Howard would have stayed
> with the company! And losing Uncle Mel wasn't such a great
> idea either! Quick somebody call CBS Radio a
> Waaaaaaambulence! Sour Grapes a-plenty! Agree or not?
This is pretty rare, but we agree. It seems not only hypocritical and vindictive but just plain stupid that CBS/Infinity let Howard go on and on about Sirius while doing his show, and, now, after they've made a ton off his show even after he announced his departure, they're crying foul. Although I doubt it has much to do with the ratings book that just came out (lawsuits usually take longer to prepare than that), it definitely seems like sour grapes. After all, I think any one of us could have told them this would happen with Free FM, and their own research indicated they'd lose audience with the change. It's something they can't be happy about.
Ironically, I'm listening to Howard 100 on Sirius right now for the replay of today's show. It's only the second time I've listened to Howard since he went on-air at Sirius. The first time I listened to his show on Sirius was his first day there, and, before that, I last listened to his show in 1999 when I lived in Indy and could hear it on the old WNAP 93.1! So, if nothing else, this lawsuit has piqued my interest in Stern once again!
J
JohnnyMorganWXJX
Guest
Re: Hollander Develops Novel NTR Plan
> > Somebody tell Joel Hollander: Don't book the $500 millions
>
> > in revenue just yet. You might have trouble collecting.
>
> > (There is no mention of this on either the CBS Corporation
>
> > or the CBS Radio website, at least not as of the time I
> > write this)
> >
> > > Check out the press release.
> > >
> > > http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> > >
> >
> lawsuit has no merit ..they'll be laughed out of the
> courtroom
>
Not necessarily. If Stern had an exclusive contract for his services with CBS Radio, any talks he had with Sirius or any agreement for compensation or future compensation made while an exclusive employee of CBS is properly attributable to Stern's position as an on-air personality. While under an exclusive contract, Stern's talents and earning potential were exclusive to CBS Radio.
If Stern made any agreement, implicit or explicit, to obtain a benefit before his contract with CBS Radio ended, or if he took substantial steps towards a pecuniary benefit while a CBS exclusive talent, he has breached his exclusive contract with CBS.
As a result of that breach, CBS is entitled to any lost profits proximately related to the breach plus the disgorgment of any improper pecuniary benefit Stern realized as a result of his breach.
And this is even without getting into the on-air misappropriation, which seems a loser to the outside. CBS controlled the instrumentality for Stern's Sirius pitches--that is the studio and air time. At any time CBS could have yanked him, and they didn't. It wasn't as though they couldn't have done so--they did in December 2005. So, since they had the control and refused to exert it until much of the damage had been done, that pulls against their misappropriation claim.
But the remainder of the contract and fraud claims seem viable, at least to go to trial.
> > Somebody tell Joel Hollander: Don't book the $500 millions
>
> > in revenue just yet. You might have trouble collecting.
>
> > (There is no mention of this on either the CBS Corporation
>
> > or the CBS Radio website, at least not as of the time I
> > write this)
> >
> > > Check out the press release.
> > >
> > > http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> > >
> >
> lawsuit has no merit ..they'll be laughed out of the
> courtroom
>
Not necessarily. If Stern had an exclusive contract for his services with CBS Radio, any talks he had with Sirius or any agreement for compensation or future compensation made while an exclusive employee of CBS is properly attributable to Stern's position as an on-air personality. While under an exclusive contract, Stern's talents and earning potential were exclusive to CBS Radio.
If Stern made any agreement, implicit or explicit, to obtain a benefit before his contract with CBS Radio ended, or if he took substantial steps towards a pecuniary benefit while a CBS exclusive talent, he has breached his exclusive contract with CBS.
As a result of that breach, CBS is entitled to any lost profits proximately related to the breach plus the disgorgment of any improper pecuniary benefit Stern realized as a result of his breach.
And this is even without getting into the on-air misappropriation, which seems a loser to the outside. CBS controlled the instrumentality for Stern's Sirius pitches--that is the studio and air time. At any time CBS could have yanked him, and they didn't. It wasn't as though they couldn't have done so--they did in December 2005. So, since they had the control and refused to exert it until much of the damage had been done, that pulls against their misappropriation claim.
But the remainder of the contract and fraud claims seem viable, at least to go to trial.
Re: Hollander Develops Novel NTR Plan
Im not saying CBS will win this one but....
CBS could argue that firing Stern would have hurt their revenue from adverting already sold.
Stern's receiving payment for selling units in 2005 seems to be a problem. How is this different from a DJ taking $100 from a Car dealer to mention them on the air without paying the station for the time?
Without the bonus payment to Stern I see no merit for the suit. But he finacialy benifited from doing on-air mentions of Sirius, while on CBS, while Sirius did not pay CBS for the time.
Im not saying CBS will win this one but....
CBS could argue that firing Stern would have hurt their revenue from adverting already sold.
Stern's receiving payment for selling units in 2005 seems to be a problem. How is this different from a DJ taking $100 from a Car dealer to mention them on the air without paying the station for the time?
Without the bonus payment to Stern I see no merit for the suit. But he finacialy benifited from doing on-air mentions of Sirius, while on CBS, while Sirius did not pay CBS for the time.
Re: Hollander Develops Novel NTR Plan
It is against Generally Accepted Accounting Principles to recognize income from a lawsuit until it is won. I assume you know that, but I will confirm it.
> Somebody tell Joel Hollander: Don't book the $500 millions
> in revenue just yet. You might have trouble collecting.
> (There is no mention of this on either the CBS Corporation
> or the CBS Radio website, at least not as of the time I
> write this)
>
> > Check out the press release.
> >
> > http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> >
>
<P ID="signature">______________
[email protected]</P>
It is against Generally Accepted Accounting Principles to recognize income from a lawsuit until it is won. I assume you know that, but I will confirm it.
> Somebody tell Joel Hollander: Don't book the $500 millions
> in revenue just yet. You might have trouble collecting.
> (There is no mention of this on either the CBS Corporation
> or the CBS Radio website, at least not as of the time I
> write this)
>
> > Check out the press release.
> >
> > http://biz.yahoo.com/prnews/060228/nytu192.html?.v=25
> >
>
<P ID="signature">______________
[email protected]</P>
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