CBS Radio Files Lawsuit Against Howard Stern
February 28, 2006

CBS Radio has filed suit against Howard Stern, his company One Twelve, Inc., his agent Don Buchwald, his agent's firm Don Buchwald & Associates, Inc. and Sirius Satellite Radio, Inc.

The lawsuit seeks "compensatory and punitive damages for multiple breaches of contract, fraud, unjust enrichment, and misappropriation of CBS Radio's broadcast time." It also seeks damages from Sirius for "unfair competition and tortious interference with Stern's CBS contract."

Stern addressed a report that the lawsuit was coming on his program this morning, calling the potential suit "unbelievable" and adding that the lawsuit "is to distract you from what is going on in the radio division." Stern admitted the potential suit is a reality and that he had a meeting on the subject recently with his lawyer, who called the suit "a total joke."  Stern later held a press conference alleging CBS was "bullying" him.

The 43-page complaint charges:

  • Howard Stern repeatedly and willfully breached his written contract with CBS Radio over the last 22 months of that contract, misappropriated millions of dollars worth of CBS Radio airtime for his own financial benefit, and fraudulently concealed his interest in hundreds of millions of dollars of Sirius stock while promoting it on the air.
  • That on or about January 9, 2006, Sirius paid over 34 million shares of stock, valued at approximately $220 million, to Stern and his agent because Sirius exceeded by the end of 2005 certain subscriber targets that were set in the Sirius-Stern contract. The complaint alleges that the Sirius-Stern contract provided that Stern was to receive this stock payment in 2010, but it had an acceleration provision that allowed Stern to receive the compensation as early as January 2006 if these subscriber targets were met. All of Stern's actions for which he received this expedited compensation occurred during the time that Stern was under exclusive contract with CBS Radio, when the Sirius payment terms to Stern were kept secret.
  • This contract thus provided a compelling incentive for Stern to do all that he could to help Sirius reach the subscriber targets by the end of 2005 so that he could receive his Sirius stock payment as soon as possible while Sirius's stock was extremely valuable. Without the accelerated payment, Stern would risk the decline of the Sirius stock value. By taking action on CBS Radio's airtime in 2004 and 2005, Stern assured himself of immediate access to $200 million in assets that could be readily converted to cash.
  • By engaging in continuous promotion of Sirius on CBS Radio airtime without any payment by Sirius to CBS for these advertisements and by pocketing over $200 million dollars for his personal benefit, Stern misappropriated millions of dollars worth of CBS Radio airtime for his own financial benefit and the financial benefit of Don Buchwald, his agent, and Sirius in contravention of repeated directives by CBS Radio.
  • That Stern also breached his contractual obligation to inform CBS Radio of plans that might have a bearing on his future. Under the Agreement, Stern had the obligation to give CBS Radio the first opportunity to discuss participation in radio projects that are conceived during the term of the Agreement, even if the concept or project was launched or implemented after the term. Stern ignored that responsibility, and negotiated and concluded his agreement with Sirius in secret.
  • To this day, Stern continues to breach his contract by refusing to return property that belongs to CBS Radio -- the recordings of his CBS radio program that, under his Agreement with CBS Radio, belong to the company.

The suit also charges "Sirius intentionally interfered with and procured Stern's breach of the Agreement. Sirius knew that Stern had a contractual obligation to maximize the prospects for the success of the CBS Radio program and to comply with his duty of good faith. Sirius intentionally induced and caused Stern to breach these contractual provisions by offering to accelerate Stern's payment of millions of dollars in stock options to promote Sirius on CBS airwaves and by concealing Stern's stock interest from CBS Radio."

The complaint in this lawsuit was filed in the Supreme Court of the State of New York, County of New York.




 
Breaking News
CBS Radio Elevates Tracy Brandys To SVP/Market Manager & Director/Sales, Baltimore
WKST/Pittsburgh's Stuff A Bus Fills 57 Buses With Toys For Toys For Tots
Dan†Dalton†and Roc Nation Form Management Partnership
December 1, 2016
iHeartMedia Launches On-Demand Streaming Services
105.1 The Bounce/Detroit Announces On-Air Lineup
November 30, 2016
Alpha Media Names Ronnie Stanton VP/Programming
WNFZ/Knoxville Helping Fire Victims
November 29, 2016
Warner Music Group Names Ole Obermann Chief Digital Officer & EVP/Business Development
iHeartMedia Names Bob Neumann SVP/Programming For Savannah/Hilton Head
Nina L. Diaz Elevated To Head Of Unscripted For MTV & VH1
Broadcasters Foundation Of America To Honor Cox Media Groupís Bill Hoffman
November 28, 2016
Tony Martell, Founder of TJ Martell Foundation Passes Away at Age 90
Dayton Kane Appointed PD Of WOGB & WKRU/Green Bay
SportsRadio 94WIP, Phillies Extend Broadcast Rights Agreement
November 23, 2016
Pierre Robert Celebrates 35 Years at WMMR/Philadelphia
iHeartMedia Launches "Rewind 92.1" in Madison, WI
Kara Leigh to join The Tad & Melissa Show On Atlanta's B98.5
KDND-FM Morning Show To Collect Toys for Sierra Forever Families
November 22, 2016
iHeartMedia Names Derrick "DC" Cole SVP/Programming For Wilmington, DE
James Corden Named Host Of 59th Annual Grammy Awards
WROR/Boston Radio Veteran Wally Brine Is Set To Retire
November 21, 2016
Cumulus Media-New Orleans Promotes Knight To OM, Williams To APD At WRKN & WZRH
Cumulus Appoints Kevin Graham As PD for WBAP & KLIF/Dallas
Music News
Prince Documentary, Celebration on the Way in 2017
Quick Hits: Alessia Cara, Lady Gaga, Dead & Company
Quick Hits: J. Cole, Bon Jovi, Grouplove, Kid Cudi, ABC's Dick Clark's New Year's Rockin' Eve
Metallica Earn Sixth #1 Album on Billboard 200
Quick Hits: Taylor Swift, Rock On The Range, Kelly Clarkson
Quick Hits: Grammy Hall Of Fame, Soul Train Awards, Guns N' Roses
Justin Bieber and Drake Top 2016 American Music Awards
Quick Hits: Bruno Mars, Adele, The Weeknd, Chance The Rapper
Quick Hits: Kanye West, The Weeknd, Coldplay
Soul Singer Sharon Jones Dead at 60
Quick Hits: A Tribe Called Quest, Kanye West, Kesha
Quick Hits: Green Day, Justin Bieber, Bon Jovi
Bruno Mars Announces 24K Magic World Tour
Quick Hits: Adele, David Bowie, Rihanna, Lollapalooza, Dawes
Rock & Roll Legend Leon Russell Passes
FMQB NOW

Ross Mahoney, PD
KXTE, Las Vegas



Question Of
The Week

Advertisement:
Search FMQB.com
Advertisements:
FMQB Member Login
Email:
Pass:

Save
Not a member yet?
Sign up Now!
Sign Up for Breaking News!
Enter FMQB E-Tracking!