zwhag2010 said:

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Some Junkie Cosmonaut said:

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I can almost hear Craig masturbating to himself from here.

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Ah... Ah... Ahhh....ahhh!

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Exactly what was in my head.

ftworthag02 said:

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Our new promo pic. https://t.co/tALEd2zI5U

— gordon keith (@gordonkeith) August 4, 2023

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Jake = Gordo Barbie

Makes sense

Dan and Jake getting sued by Cumulus. Anybody have a Pacer account to pull the complaint?

https://dockets.justia.com/docket/texas/txndce/3:2023cv01746/379893

listened to their episode yesterday. dan's daughters were pretty funny. just enough. not too much.

4.1 is interesting. Bob kept saying they have the exact same contract.

Hincemm said:

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listened to their episode yesterday. dan's daughters were pretty funny. just enough. not too much.

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does the one daughter do the annoying british accent every time she's on the radio?

80085 said:

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4.1 is interesting. Bob kept saying they have the exact same contract.

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Yeah, a couple of redactions in Dan's weren't done so well. Looks like the 2018 and 2020 salary started with a 2. Then there is the Appendix A bonus, although can't tell what that is

Seems like the primary question will be, is recording a podcast the same as doing a live radio show.
That and it seems like they were pretty stupid about how they handled social media and youtube accounts.

Yep. Not an attorney but unless I'm missing something, they are going to get shut down and slapped with a bunch of legal fees.

Did they not know about their restrictions (hard to believe) or did they just think they would get away with it?

It definitely spells out that the contract lapsing does not get them out of their non compete.

Goldie Wilson said:

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My non-legal opinion: restriction on doing a radio show in Dallas is enforceable; global restriction on doing a podcast is overly broad and not enforceable.

Wonder if this is the same conclusion that D&J and/or their attorneys came to.

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That's a good point.

Not a lawyer either, but is it possible Cumulus could try to enforce the non-compete based on subject matter instead of medium? If so, the fact that D&J started a podcast in and of itself wouldn't matter, but the instant they started talking about the Cowboys or Rangers, for example, Cumulus could technically make an argument that they were directly competing with the station they just left because talking about those teams was part of their previous job description.

My amateur lawyer opinion is Dan and Jake would win if they fight it out. Hard to say someone recording and releasing a podcast a few times a week is in direct competition with a daily live radio broadcast. The fact that other hosts, and Jake specifically, also do/have done podcasts and/or livestreams will support their position. It's going to be costly to fight but imo they have a slightly better standing than Cumulus in this one.

Non competes don't hold up in Texas, but unsure of jobs in radio.

Carlo4 said:

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Non competes don't hold up in Texas, but unsure of jobs in radio.

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That's not true at all. I have seen several held up by a judge in Texas. The attorney we used said it very much depends on the judge you have.

Definitely depends on the judge. But I see why they think they can fight this contract. The noncompete is very narrowly tailored. So if they aren't doing commercial radio, they have a good argument that they are outside of the noncompete. It's only 6 months, so I'm the end it may have been a smarter decision to just sit it out for 6 months than pay legal fees.

But I'm not sure if sitting out for 6 months would help or hurt them with their subscriptions. The anticipation could mean more subscribers. But could also mean less subscribers bc the news wasn't fresh. I'm guessing they must have thought waiting 6 months could kill them bc they weren't top of mind. But listening to mino and sean for 6 months would get them more subscription in my opinion.

Lol just read the complaint. They definitely did a lot of dumb things if everything in the complaint is true. Very dumb. I think they have a decent argument in the noncompete but the other claims likely have merit, especially the IP stuff.

Yep… it's one thing if they were going to fight the non-compete, but they stepped all over themselves with their social media account, trademarks, etc

Not a lawyer, but I do wonder if those activities also hurt their argument with the actual non-compete.

In any case, seems like this could get very expensive to keep doing whether they ultimately win or not

if this was all a 4d chess match to generate buzz during the 6 month timeout before doing drivetime on the freak, bravo!

I could see that. Do the podcast to make a few bucks and convince your old friends/coworkers that's your plan and you didn't leave for a competitor. Get shut down by big bad Cumulus so when you go to the freak it's their fault, not what you wanted, and you get the "outlaw" vibe. Would truly be 4D chess

My observations:

1.) It looks like they'll have a dispute of fact on their termination date. The complaint claims D&J were still employed by the station on 7/14/23. My recollection of their goodbye YouTube was they considered 6/30/23 their last day of "employment." Maybe they gave two weeks notice from 7/1 and the station accepted.

2.) Interesting that Jake's contract was through 2024, but he exercised an early termination option in Dec 2022 and continued working at-will since then. Jake's contract also had more specific provision detailing internet streams as competing with the radio business.

3.) I hope Dan and Jake got council from someone other than Akash and TC, because the complaint is pretty damning.

From their first podcast, I'm pretty sure 7/14 was the date of notice (give or take). Negotiations continued up to that point, but once they were at a full impasse and decided to move on, Cumulus informed them that they would need to go ahead and formally resign. So they did.

I do get the feeling they got pieces of advice, some probably good and some possibly bad, and with that they patch-worked an approach. But just from listening to both over the years, neither guy's business acumen has ever seemed good. So I'd expect some missteps

Business Tuesday finds this ironic

FTAco07 said:

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TriAg2010 said:

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My observations:

3.) I hope Dan and Jake got council from someone other than Akash and TC, because the complaint is pretty damning.

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Every complaint reads as very damning, it's written by one side's lawyers. The actual facts and arguments at mediation/trial are almost always much more nuanced.

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I disagree that every complaint is damning. Some are silly and transparently frivolous, bound to get tossed quickly. This isn't one of them.

For instance, there's a block quote from their contracts that says "don't record other employees in secret" and during their goodbye YouTube they said "we recorded the Cumulus execs and lawyers and secret and we can't wait to release it." They were probably joking, but now the burden shifts to them to prove they didn't actually do what they said they did on video. And the trademark stuff. And the rebranding the Hang Zone social media accounts. We can verify they did that and it wasn't smart.