Strike Two for Howie Carr. What's next?

[Casablanca]

When they say 'it's not about the money' it's always about the money.

Entercom has a Pyrrhic victory they get to keep Howie but according to Channel 4 tonight they have to pay Carr $7 Million.

 

[Dark Knight]

The $7 mil assumes he hits all his bonuses, which clearly he won't, especially if he isn't on the air. Also, if an employee under contract refuses to come to work, he can usually be suspended without pay and will remain under contract. Not sure if that is the case here, but it is possible that Howie might not be getting paid at all. That's gotta hurt.

Also, I still believe that the only reason he did the deal for mornings was because that was what TKK was offering with those $. I believe that RKO wanted him to go to mornings in the past and he didn't want to do it.

Howie has painted himself into a corner on this one. It would be really difficult to return to Entercom, even though they did not answer any of his disparaging comments. Nevertheless, WTKK isn't an option until 2012. Seems like an awful lot of money to leave on the table because of pride. I hope he comes back.

 

[Mickey37]

Howie is in the wrong here.

That's exactly right. Howie does not have a legal leg to stand on.

What were he and his alleged lawyer thinking??

It's too bad, Howie probably would have been a big help to 96.9. Now, he's stuck at the place he's publicly slammed.

Granted, he'd get paid well, but he's gonna have to eat a supersize helping of humble pie, at least on the air.

 

[Finn]

So, what's Howie's new pay?

http://www.savewrko.com/archives/2007/08/howie_carr_the.php

Base Salary:
$450,000 the first year; $500,000 the second year; $550,000 the third year; $600,000 the fourth year; and $650,000 the fifth year

Quarterly Bonus (rank in 25 to 54-year-old listeners):
First place $200,000; second place would earn Carr $150,000; third place $100,000; fourth place $80,000; fifth place $70,000; sixth place $60,000; seventh place $50,000; and eighth place $30,000.

plus $25,000 premium each time he gets a bonus in either fall or spring.

So, anyone know his rank from last spring? (dumber??)

If he was fifth, his annualized pay is:

450,000
+ 70,000 * 4 = 280,000
+25,000 * 2 = 50,000
= 780,000

Did I get that right? Was he fifth?

 

[Finn]

And, just to get a little realistic about the five-year compensation, if he remains in fifth place overall:

Year 1 - 780,000
Year 2 - 830,000
Year 3 - 880,000
Year 4 - 930,000
Year 5 - 980,000

Total compensation: 4,400,000

Average annual: 880,000

If he current comp is around 790,000 (please correct me if I'm wrong), this package represents only an 11% increase if he maintains same position in ratings.

It would be nice if the Globe and Herald mentioned the distinction between the faux value of the package and what it actually represents in terms of real money to WRKO, WTKK, and Carr himself. However, when Carr says it's not about the money, I'd say we have to believe him, cuz, 11% isn't enough to put this much at risk.

 

[TSBench]

If he current comp is around 790,000 (please correct me if I'm wrong), this package represents only an 11% increase if he maintains same position in ratings.

Close enough for this discussion.

It would be nice if the Globe and Herald mentioned the distinction between the faux value of the package and what it actually represents in terms of real money to WRKO, WTKK, and Carr himself.

Well, the Herald is a wholly-owned subsidiary of the Howie Carr Publicity Machine (J. Heslam, CEO) and would go with the higher number because it reflected glory on the paper, plus Heslam takes dictation well. The Globe probably would prefer not to mention Howie's name unless necessary. As it was, the coverage in the Globe was considerably more balanced than that in the Herald, and did report that the 7mil figure was a pipe dream. Of course, the Herald tried to position the ruling that WTKK would not be enjoined from talking to Howie as a 'victory.' What they failed to mention was that he also ruled that negotiating with someone under a valid contract may be actionable. Anyone want to speculate on what GM lawyers are advising regarding the returning of Howie's phone calls?

However, when Carr says it's not about the money, I'd say we have to believe him, cuz, 11% isn't enough to put this much at risk

That admits to facts not in evidence. Carr may well believe that the higher number was do-able, and WTKK obviously knew the right ego buttons to push. And, Howie didn't think he was taking a risk, he thought he was taking a walk to a cross town bank. In his eagerness to take shots at WRKO for having the temerity to hire someone he didn't approve of (Finneran) he forgot to read and understand his own contract. A good rule of thumb is that when you start believing your own press clippings (forgetting who initiated them) and think that everyone is stupid except for you, it is time to step back and do a reality check.

Howie's well-thought-out argument about 'virtual indentured servitude', which seemed to play well with some here, was laughed out of court when he tried to run it by the judge and resulted in a trip to the woodshed. And now, if he continues to pursue this on appeal, he may be liable for monetary damages during the appeal process if Entercom decides to press the issue (which is unlikely in these matters, but still an option.)

And, if it wasn't about the money, what was it about? The 'poisoned' atmosphere at WRKO, that Howie played a large part in poisoning? The 'future of talk is FM", when every talk station of note is AM, FM talk is tanking in major markets nationwide, and when Howie himself on AM was squashing his 'big money' FM competition? 'WTKK is a better career opportunity", using the bizarre rationale that a station plunging into the ratings depths is the wave of the future?
The fact is that Howie is winding it down, and this contract is probably his last shot at feathering his nest before retiring to the land of the perpetual left-turn signal. Does anyone not drinking Kool-Aid really think that WRKO is going to disappear in the next five years?

Whom the gods would destroy, they first make angry. Writ large. Howie's big mouth has put him behind the worst 8-ball in Boston broadcast history, and made him look like an dope.

No, it was about the money. And ego.

Regards,
TSB

 

[Casablanca]

As Howie Carr once said, "It's not me. It's Father Time."
Well, by 2012 Howie Carr will be quite old by his own standards.
His act has been one of repetition for a number of years and very predictable. One can only imagine what he will be like in 2012 when he is free to go to WTKK. So, before age and infirmity becomes more noticeable to the public Carr wants to make as much money as he can and secure whatever fame [ if that is what you want to call it] as soon as he can.

Cannot help but think that Carr is getting wacked by the Massachusetts Court System he has attacked for 30 years. Had he been more tempered in his remarks about the judiciary I think he would have received a more "judicial" decision.

I hope that Carr appeals his case as far as he can go even into the Federal Court system.

If I were his legal counsel I would definitely call a press conference and openly challenge the Superior Court judges as being prejudiced against their client because of his on-air remarks about the courts.

I believe a federal court can step in and use the Massachusetts laws to review this case. From the outside it looks the contract was severely compromised from the start. It seems unbalanced giving more power to one side [ Entercom ] than to Carr. Perhaps, the contract was unenforceable from the beginning.

 

[raccoonradio]

Predictable = successful Though it's interesting--WRKO ratings didn't really drop (12 plus) in this
month where he's been gone. Is that due to Sox, or Rush, or...? Once Sox season is over what will
they be like, esp. if it's still Feinburg in for Howie? And earlier sunsets. (metro west listener dropoff)

>>I hope that Carr appeals his case as far as he can go even into the Federal Court system

as do I. I just want him back on the air somewhere, though. Is anyone at Entercom screwing up HIS
page at Wikipedia yet?

 

[TSBench]

I hope that Carr appeals his case as far as he can go even into the Federal Court system.

I'm sure you do. Both you and your law partner, Mr Racoon, seem determined to fight this down to Carr's last penny. But, of course, for different reasons.

If I were his legal counsel

[EDIT]

I would definitely call a press conference and openly challenge the Superior Court judges as being prejudiced against their client because of his on-air remarks about the courts.

Good idea. Another good idea would be to get a fishing license or book a cruise prior to that press conference, since disbarment is a great way to free up a lot of spare time.

Regards,
TSB


[EDIT-inflammatory]

 

[Casablanca]

Frankly, I don't think Carr's lawyers have done a good job representing him. Since Entercom is a multi-state corporation I would have sought an injunction in the Federal Courts first and would have raised the issue then that Howie Carr could not get a fair hearing in any state court because of his on-air remarks about judge for the past 20 years.
Even if the case got kicked back to the state courts it would have put the judges on the defensive immediately.
If Carr really wants to win he has to fight not only Entercom but the "hack" Massachusetts state judges he has attacked.
If Carr doesn't really want to put up a fight he should just take Entercom's money and cry all the way to the bank.

Does the nearly 60 year old Howie Carr really want to get up at 3 AM every week day to be on the air at 6 AM to do a morning shift?
AM Drive is a killer in more than one way.

Anyway you look at it, if Howie Carr loses .... he still wins.

I hope that Carr appeals his case as far as he can go even into the Federal Court system.

I'm sure you do. Both you and your law partner, Mr Racoon, seem determined to fight this down to Carr's last penny. But, of course, for different reasons.

If I were his legal counsel

[EDIT]

I would definitely call a press conference and openly challenge the Superior Court judges as being prejudiced against their client because of his on-air remarks about the courts.

Good idea. Another good idea would be to get a fishing license or book a cruise prior to that press conference, since disbarment is a great way to free up a lot of spare time.

Regards,
TSB


[EDIT-inflammatory]

 

[TSBench]

I hope that Carr appeals his case as far as he can go even into the Federal Court system.

I'm sure you do. Both you and your law partner, Mr Racoon, seem determined to fight this down to Carr's last penny. But, of course, for different reasons.

If I were his legal counsel

[EDIT]

I would definitely call a press conference and openly challenge the Superior Court judges as being prejudiced against their client because of his on-air remarks about the courts.

Good idea. Another good idea would be to get a fishing license or book a cruise prior to that press conference, since disbarment is a great way to free up a lot of spare time.

Regards,
TSB


[EDIT-inflammatory]

Frankly, I don't think Carr's lawyers have done a good job representing him. Since Entercom is a multi-state corporation I would have sought an injunction in the Federal Courts first and would have raised the issue then that Howie Carr could not get a fair hearing in any state court because of his on-air remarks about judge for the past 20 years.
Even if the case got kicked back to the state courts it would have put the judges on the defensive immediately.
If Carr really wants to win he has to fight not only Entercom but the "hack" Massachusetts state judges he has attacked.
If Carr doesn't really want to put up a fight he should just take Entercom's money and cry all the way to the bank.

Does the nearly 60 year old Howie Carr really want to get up at 3 AM every week day to be on the air at 6 AM to do a morning shift?
AM Drive is a killer in more than one way.

Anyway you look at it, if Howie Carr loses .... he still wins.

I hope that Carr appeals his case as far as he can go even into the Federal Court system.



If anyone is competent to discuss whether or not Carr's lawyers know what they are about, I'm pretty sure it's not you, Or anyone here, for that matter, since none of us are familiar enough with the inside workings of the case to know. It may have been a loser for them from the get-go. The fact that they lost certainly doesn't prove anything, since one side always loses in any legal dispute, and not necessarily by incompetence. But, it is nice to know that even you no longer buy your 'press conference' tactic

I guess I could ask what possible legal standard could be used to make this a matter for the Federal bench, but I think I'll spare us all from that excruciating obfuscation.

And, if I wanted to know about how tough it is to succeed in AMD, I'd probably reference my posts on that very subject from the last 90 days. Hell, even Maloney has finally thrown in the towel in that one, laying rail for Howie to tank if he did go to WTKK.

Anyway you look at it, if Howie Carr loses .... he still wins.

No, he doesn't. If he loses, it only become a matter of how badly he wants to lose. His options will be

1. He can go back to WRKO and chow down on a large helping of crow, which would be the least damaging in the long run, and he could still count on a large collection of sycophants to make excuses for him. And he'd be cashing very large checks to massage his wounded ego.

2. He can retire and lose 4 million bucks. It's probably a safe bet that Carr pays more in income taxes from this radio gig than he makes at the Herald.

3. He can dig in his heels with to-the-wall appeals and rack up huge legal expenses, possible monetary damages, and, in the end, still lose 4 mil in salary. And, as experience has shown, staying off the air for an extended period of time is a career death sentence.

So rather than winning, if he loses it becomes a choice of would he prefer to be tortured, shot or hanged.

I guess we could call for a show of hands from all those who'd prefer to sleep-in rather than get up early for 20 grand a week, but I don't think that will be necessary

Do you think in cliches, or just post in them?

Regards,
TSB

 

[BRNout]

After digesting all of the available information about this case, it definitely appears that Howie Carr is backed into a corner. There is only so far that he can go with appeals, and all would be within the very MA judicial system that he's made so many "friends" in. That aside, it sounds like he has a pretty tough case to win - and every decision has been against him. There just doesn't seem to be any way (legally) for him to make the jump to WTKK.

I think TSB is probably right about all of the potential scenarios. Eat crow and return to WRKO, retire, or spend hundreds of thousands fighting in court while his audience gets used to not listening to him. That does sum it up and I cannot think of any other options. Plus, Greater Media's hands are tied at this point too. Essentially, it sounds like they have been slapped with enough losses in court and Howie now stands alone. That makes it extra tough.

I guess the only other scenario, which is sounding quite unlikely at the moment, would involve a financial deal of some sort (a buy-out). The thing is, it does not sound like Entercom or GM are in the mood to consider such an arrangement. Of course, it is impossible to listen behind the scenes, but this possibility would seem to be somewhat remote. I have a feeling that we'll know for sure about that before the end of the year.

As much as it pains me to say it, Howie probably needs to find a relatively "graceful" way to return to WRKO. He will still have his audience and he will have his big paycheck. Both things will help to ease the pain. And, probably 75% of Howie's audience hasn't paid attention to this anyway. At least not to the key details.

 

[TSBench]

Of course, it is impossible to listen behind the scenes, but this possibility would seem to be somewhat remote. I have a feeling that we'll know for sure about that before the end of the year.



As much as it pains me to say it, Howie probably needs to find a relatively "graceful" way to return to WRKO. He will still have his audience and he will have his big paycheck. Both things will help to ease the pain. And, probably 75% of Howie's audience hasn't paid attention to this anyway. At least not to the key details.

 

[TSBench]

Of course, it is impossible to listen behind the scenes, but this possibility would seem to be somewhat remote. I have a feeling that we'll know for sure about that before the end of the year.

A really funny scenario would be if the book shows the Feinburg/Nelson tag team held its own in PM drive, and WTKK deciding they want Imus back. That would leave WTKK hoping Howie loses, WRKO hoping he wins, and Howie sitting behind his computer at the Herald rehashing Kevin Weeks stories and writing damage checks to Entercom. I'm not sure that even God has that much of a sense of humor, though.

As much as it pains me to say it, Howie probably needs to find a relatively "graceful" way to return to WRKO. He will still have his audience and he will have his big paycheck. Both things will help to ease the pain. And, probably 75% of Howie's audience hasn't paid attention to this anyway. At least not to the key details.

Probably more like 95%. I think we get a distorted view of this from sites such as this one, SaveWRKO, and the other radio geek boards. I think that informal surveys have shown that most of Carr's audience thinks he has broken down on the Pike Extension, is recovering from mono, or is still on vacation.

On the bright side, it's been weeks since the last post mentioning how WRKO will be a Tastee Freeze by New Years. Perhaps all ignorance isn't invincible.

Regards,
TSB

 

[radiodouble]

Frankly, I don't think Carr's lawyers have done a good job representing him.

you think?! maybe he should've hired the ambulance chasers like jim 'justice you deserve' sokolove or dan 'we'll get you what is rightfully yours and that's that!' shulman. he couldn't do any worse with these guys than what he got from the three stooges act repping him right now.

 

[TSBench]

Frankly, I don't think Carr's lawyers have done a good job representing him.

you think?! maybe he should've hired the ambulance chasers like jim 'justice you deserve' sokolove or dan 'we'll get you what is rightfully yours and that's that!' shulman. he couldn't do any worse with these guys than what he got from the three stooges act repping him right now.

Just for the record, that quote isn't from me. I have no idea whether Carr's lawyers have done a good job or not, because I don't know the whole story of what happened.

Regards,
TSB