Why Howard Won't Sue the Lawyers Who Drew Up the Contract

Discussion in 'The Howard Stern Show' started by peterfonda, Apr 11, 2013.

  1. peterfonda

    peterfonda Well-Known Member

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    OK, lawyer hat is on.

    In my opinion, Howard's lawyers did screw up by failing to specify in the contract that the XM subscribers that would be coming in as a result of the merger would be considered Sirius subscribers for the purposes of determining whether Howard reached the target number of subscribers that would trigger the larger bonus. He did get the merger bonus (more money than any of us will see in 10 lifetimes, but I digress). Instead, they left that out of the contract and believed, wrongly, that Sirius understood that the merger would only take place as a result of Howard coming over to Sirius and would automatically credit him with the XM subscribers as well. They probably did not believe that Sirius, as the beneficiary of Howard's drawing power, would rely on the letter of the contract because Howard was so sure that he was a "partner" with Sirius.

    Failing to put this into the contract is such a grievous, blatant error that I am certain there were reasons why the above was not written into the contract - maybe XM would have had to agree to that provision, or something like that, which would have complicated the contract. But any wet-behind-the-ears lawyer will tell you that in New York, the Courts look to the four corners of the contract first and will only look to outside evidence if there is an ambiguity within the four corners. There was no ambiguity here - the contract simply did not mention the XM subscribers being added to the Sirius subscribers and so, the Court did not find that it did and would not consider outside evidence to say that it did.

    My guess is that Howard's lawyers, who are high-powered, white shoe attorneys who know their stuff, told Howard that this was a possibility but that Howard was either (1) reluctant to allow them to add the clause to the contract for fears that XM's input would make the whole thing fall through or (2) so arrogant and sure in his belief that Mel Karmazin would not screw him over that he felt that it didn't need to be put in. Either way, if Howard now sues his lawyers, it will be clear that he was either (1) duped or (2) screwed by his own ego and Howard won't stand for being made to look like a fool. So, Howard will simply express his anger by (1) bashing the Courts by railing that they didn't understand the deal [when it is Howard who doesn't understand the law] and (2) bashing Sirius the same way he bashed NBC and Infinity/CBS in the last years on terrestrial radio.

    In any case, Howard will be even less pleasant to be around in the Stern Show compound. I hope the shlubs like JD are updating their resumes.

    OK, lawyer hat off.

    Now lets see some boobs!!
     
  2. Herc

    Herc New Member

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    He will. Wait for it . . . :coffee:
     
  3. sloth22

    sloth22 Active Member

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    They didn't screw up : It was never meant to intend that.

    There was a negotiation, no one agreed that a merger would activate every subscriber bonus.

    It's just nonsense he made up in his imagination, after the fact.
     
  4. Daveindiego

    Daveindiego Confirmed Internet Legend Gold

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    Wait.

    The Stern show is still on? Really?
     
  5. chuk

    chuk Well-Known Member

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    I will copy and paste my post from the other thread:

    "It did. It said he would get $25mil. Period. His lawyers never intended for the contract to include XMSR subs. Neither did Howard. He just got extremely jealous when Malone hit a HUGE payday by having gigantic balls and plowing 500mil of his own money into SIRI 24 hours before bankruptcy. Howard has always been jealous of people that don't have to "work" for their money. Despite all of his wealth, Howard is basically an hourly worker that has to punch a clock. Albeit he gets paid $300k an hour.... Malone made billions by simply make a smart gamble. That kills Howard."
     
  6. Nemo

    Nemo Beer Can Thick Gold

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    Howard dreams of being a 'paper bag' marble mogul.
    He already pockets over 90 percent of the marble pie with his shitty lil radio job.
    Paper bags don't make themselves...lots of overhead/employees/unions...:jj:
    :lol:
     
  7. Uncle Larry

    Uncle Larry Well-Known Member VIP

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    I agree with the others that the lawyers who wrote the contract didn't screw up - it's not like there was an agreement to allow Howard to collect the performance bonus as described in his lawsuit and they somehow didn't put the right language in the document. This fantasy is just another attempted marble grab by Howard and Don.

    If Howard's lawyers had gone to Sirius to propose language which said that following a merger, XM subscribers who can't listen to the show would count toward the targets in the letter agreement, the proposed text would have been rejected as fast as Howard hangs up on a caller who says zoo za zoo.
     
  8. itpdude

    itpdude New Member

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    I'm not a contract attorney but was forced to sit in a year of contracts in law school and from what I remember, other than the hairy-hand case, is something called the parole-evidence rule. It is a rule that keeps stuff like a conversation over drinks at the bar that didn't make it into the contract OUT of consideration when there is a dispute. You know, one of the guys may have said something like, "you know, Howard, we don't look at you as an employee but more as a partner in the future success of Sirius Satellite."

    If Howard took that kind of comment to heart that much, why didn't "partner" make the k? Moreover, if Pelican WERE a partner, why didn't he help Sirius out by purchasing more stock instead of unloading it every time he got a subscriber bonus (which, if I remember correctly, was paid in the form of common stock)? If he were a partner, when Sirius was struggling so badly, why did Howard make fun on-air about how Sirius may not make it.

    It was maybe 2007 when Sirius was in trouble and a caller asked what Howard was doing to help, whether he was investing in Sirius. Howard said something about being hired to do a job, that the health of the company wasn't his problem, and that he didn't want to have Sirius stock because the company might disappear any minute.

    Surely I'm not the only one who remembers Pelican making that speech. And that speech was wholly inconsistent with Howard being a "partner" as he proclaims now.

    Also, when Howard signed the k, Karmizan was not with Sirius. I doubt Howard thought Mel would help him out when he signed.

    Someone on here provided a timeline on the lawsuit thread that showed Howard's timing of the suit. It was mere weeks after Karmizan bonused the SiriusXM board. It looks like, to me, that Howard is pissed that HE didn't get bonused out of the blue like the board.
     
  9. booybob

    booybob Well-Known Member Banned User

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    He will not sue a fellow Jew
     
  10. Sickboy

    Sickboy Latverian Monarch

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    I would love to see J.D.s resume. HA.
     
  11. Herc

    Herc New Member

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    Of course he will . . . :coffee:
     
  12. Ipokesmot

    Ipokesmot Well-Known Member Banned User

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    When they run out of gentiles to go after, they eat each other like cannibals. :jj:
     
  13. DogStar69

    DogStar69 Well-Known Member

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    He signed the contract, if he didn't like it he should have passed. A deal is a deal and he has stolen from Sirius long enough, He should be in jail for theft. He stole the funny from the show.
     
  14. Herc

    Herc New Member

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    :giggle:
     
  15. knu3421

    knu3421 Well-Known Member

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    If i was the judge i would say just take some carson's ribs and shut the fuck up.
     
  16. HooHoo

    HooHoo Well-Known Member

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    you da man, chuk. 100% on the money. he quipped as recently as a few weeks ago - exact words "Never put your own money into your projects". Then goes apeshit when others that did take a huge investment risk are rewarded with a big return, with Robin cackling over his shoulder that she too would like to have been included in the windfall.

    Sternlogic™ is downright stupefying at times. And in more recent years, most of the time.
     
    Last edited: Apr 11, 2013
  17. Quite Frankly

    Quite Frankly Well-Known Member

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    I'd love to see Medicated Pete's resume also.

    I was bored at work and actually watched the 20-minute profile piece Lieberman did for Howard TV (on YouTube, during my lunch break). It was deeply depressing and not funny in the least, seeing the reality of Pete's day-to-day "existence". He lives with his father adjacent to one of those pathetic oceanside dive bars. The "house" looks like where a lifeguard would have shacked up for a few weeks some random summer during college days...like it doesn't even have heat or something.

    John L went to the library with Pete and read through his resume, that was almost funny..but they should've cut to a close-up of it.
     
  18. somedude61

    somedude61 Well-Known Member

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    Howard really does have some shitty advisers. His agent keeps Howard from going to LA to become a major player in radio and movies. His Lawyers keep writing shitty contracts so that his employers can get out of paying him. Remember the Clear Channel stuff? Howard can literally do the show from anywhere but stays in New York and I am sure someone has advised him to stay. Howard does AGT, the producers of AGT water down Howard to make him seem like a bland person, none of his comments make it to national television.
     
  19. chuk

    chuk Well-Known Member

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    I used to think that about Don too. But now I have realized that Don might be a genius. If Howard would have taken all of those projects, he would have been exposed as a comedic fraud long ago. Then no big Sirius payday, etc. The people like us here now see the truth about Stern, however look at all the morons on twitter that defend Howard. I'm sure none of those people are active listeners to the show. They are basically supporting Howard based on his reputation.
     
  20. IlluminatiJones

    IlluminatiJones New Member

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    That's a helluva one-two punch! :up:

    I especially enjoyed your second post. I never saw it that way before, but you're right; he's made more money on not delivering, on holding back, creating a phony-baloney "mystique" around himself, but he's always been a naked emperor.

    Also, Howard found the perfect sucker in Sirius.

    And I still say Stern may have had his lawyers keep things deliberately vague just so he could try something like this, although that may be giving him too much devious-credit.

    :dontknow: