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Sports 790

Discussion in 'BBS Hangout' started by pgabriel, Dec 10, 2004.

  1. MadMax

    MadMax Member

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    EXACTLY!!!

    sucks to be wrong, right NJ? :p or do you now know more about this than Chance does, too??

    what's your take on taxation by states on income earned in a state?? :rolleyes:
     
  2. Fatty FatBastard

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    I, too, am a fan of that particular horse.
     
  3. SamCassell

    SamCassell Member

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    Geez Max, he's away performing emergency surgery. On a horse. Cut him a break. :)
     
  4. MadMax

    MadMax Member

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    i'm a jackass right now. and it's not the first time i've had this kind of discussion with NJ.
     
  5. NJRocket

    NJRocket Member

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    you are wrong about me being right about you being wrong about me being right about being able to say I told you so because i did tell you so and now im right again because Charlie is on the air...but here are some examples..

    you said

    No-compete clauses!!! I love them!!! Spent considerable time with this issue. And guess what...radio is the PERFECT industry for enforceable no-compete clauses! Hard for me to comment without actually reading the clause in question. But this sort of job lends itself very well to enforceability of a clause like this.

    It's not sour grapes. It's enforcing a contract that made Charlie a fair amount of money, I'm sure. He and Clear Channel both knew that it was there, I'm sure. They'll pay something to Infinity to make it go away, I bet.

    you would have lost that bet....thus being wrong

    you also said:

    as with most legal questions....IT DEPENDS. i've negotiated two contracts for two different radio personalilties. both had no-compete clauses...they're standard in that industry, frankly. and both were 6 months within the same radio market. i think that's more than reasonable. i would be shocked if this weren't enforced...it would be outside of what i've personally seen enforced if it weren't.

    this time you were shocked AND wrong

    and then you said...

    I'm certain that lawyers working for Infinity made sure they were clear about consideration being provided...and I've never once seen that consideration take the form of cash. And when Charlie signed the agreement, he acknowledged that consideration coming to him in return for the no-compete.

    don't be so certain next time

    and then...

    again I'M NOT SAYING THIS PARTICULAR AGREEMENT WILL BE ENFORCED. I want to make that clear. I have NOT read the clause in question. I'm saying that I have seen these clauses for other radio personalities, and they're generally drafted in such a way as to be quite enforceable.

    well done...hey...Carlos batted what? .268? so you are .250...way to go

    and then...

    NJ -- you can argue with me all you want. that's great. i'm telling you the way the contracts are written now, they've removed the problem

    ouch...gonna be tough negotiating a new salary while you hover around the Mondoza line

    and then...

    if it's reasonably limited to time, place and scope...you're done. it's enforceable. something as particular as this...in such a niche market...with a limitation of only 6 months in one radio market in the entire country...if that's written correctly, particularly concerning consideration...then he's cooked.

    cooked? well, I like a good rare piece of tuna myself from time to time


    I really hope you don't get mad at this...I was actually laughing putting this thing together...lets just agree to disagree...

    i told ya so
     
  6. MadMax

    MadMax Member

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    you told us this thing wouldn't be enforced because you had experience in NJ that if a guy wasn't still getting paid, it was unenforceable. that's wrong in Texas. period. the end.

    you're right..i am shocked and surprised that Infinity's lawyers didn't draft a no-compete better than this. yeah..that surprises me, because I was seeing these drafted better for FM DJ's back 4 years ago. surprises me they didn't get it right.

    but my caveat stands..until i can read the contract, i don't know specifically. which is exactly what Pipe and I both said.

    i still stand by this:

    if it's reasonably limited to time, place and scope...you're done. it's enforceable. something as particular as this...in such a niche market...with a limitation of only 6 months in one radio market in the entire country...if that's written correctly, particularly concerning consideration...then he's cooked.

    IT WASN'T WRITTEN CORRECTLY, NJ.
     
  7. NJRocket

    NJRocket Member

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    I agree ;)
     
  8. Pipe

    Pipe Member

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    As MadMax pointed out, it is hard to digest a legal decision from a newspaper article. But I think Chance has hit the nail on the head in that 610 got outlawyered. I could explain all the nuances of what it means for a noncompetition covenant to be "ancillary to an otherwise enforceable agreement," but since noone is offering to pay me $250 an hour I will skip the opportunity.

    Suffice it to say, I think 610 invested a tremendous amount of money that benefited Charlie in terms of increasing the goodwill that exists between him and the Houston listening audience, and that should have sufficed to support a noncompete, just the way it does with sales people and customer relationships.

    NJRocket, you may have been right about the result, but don't give up your day job .... ;)
     
  9. NJRocket

    NJRocket Member

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    I'm just gonna keep staying in Holiday Inn Expresses
     
  10. MadMax

    MadMax Member

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    Pipe..do you know Wickliff or Zimmerman?? I'm wondering if the same firm who drew up the contracts is the same one defending it. I'm guessing not, but I don't know for sure.
     
  11. Pipe

    Pipe Member

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    Don't know, maybe Chance does ...
     
  12. Harrisment

    Harrisment Member

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    I can't believe that was you! Man, they were slamming that guy and me and the wife were laughing our asses off. Didn't a friend call in the next day and start talking about how you lived with your parents?
     
  13. Harrisment

    Harrisment Member

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    I heard that too. 610 and 790 were playing the exact same things for a few minutes there. I thought my radio was broken. Chance must have dozed off or something. ;)
     
  14. pgabriel

    pgabriel Educated Negro

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    I heard it to. Why is it not surprising that was Fatty? Not because he was wrong, but he was so sure of himself.


    But I can't stand the way John and Lance make fun of callers after they hang up and into the next day. Its childish. So you know more about sports than your callers, you're supposed to ass holes. That is so weak.
     
  15. MadMax

    MadMax Member

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    in fairness..Fatty came on to call out their guest. the guy was talking college football and Fatty was like, "you don't know what you're talking about...it won't be close...i'd bet the farm on it." you kinda ask for it when you take that approach.
     
  16. Fatty FatBastard

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    Yup. My buddies called me at, like, 7:30 as I was getting into my car and were saying "Dude! They've been ragging on you all morning!

    Then a friend calls in and says I'm living in Bellaire alright. With my parents! (to be fair, I live in Pin Oak about a mile and a half from them, but oh well.)

    Then I called in and the guy was like "who's calling? Oh THE Jim? Hold on a sec." I got right on and said I was actually living with my grandparents, and said I still stood by my comments.

    They called me "Nomad Jim" the rest of the day.

    Now when I call in I'm "Tx Tech Jim" but that hasn't been anytime recently because my A.M. won't work in my car!

    eh, it was funny.
     
  17. Fatty FatBastard

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    Also, it turns out that our very own Chance set up that promo. not knowing it was me. I found that out when I emailed Chance to get some of his music.

    (cough) still haven't received it yet Chance (cough).
     
  18. Manny Ramirez

    Manny Ramirez The Music Man

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    But you don't remember his name, nWo? If I hear his name, I can say "oh yeah, that is the guy!"
     
  19. Chance

    Chance Member

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    Oops. I will send it today. Sorry bro.
     
  20. Fatty FatBastard

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    No problem, man. Just giving you a hard time.:)
     

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