A New York State Supreme Court judge dismissed a lawsuit...
A New York State Supreme Court judge dismissed a lawsuit brought by Howard Stern Show distributor One Twelve and Stern’s agent, who claimed that Sirius XM failed to pay them program licensing compensation. The plaintiffs claimed that subscribers acquired through…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
the merger between Sirius and XM were “Sirius subscribers” and should be calculated in the “Performance Based Compensation” that Sirius agreed to pay the show before the merger took place, said Judge Barbara Kapnick in her opinion. With the XM subscribers included, One Twelve would be owed an additional $330 million and Stern’s agent Don Buchwald would have received an additional $30 million, the opinion said: This interpretation “cannot be supported by a reading of the agreement as a whole.” It’s clear that the only subscribers considered part of the total number of Sirius subscribers used to calculate the compensation “were those individuals who subscribed to the Sirius radio system,” she said. Kapnick ruled that the only subscribers to Sirius at the time One Twelve and Sirius entered into the agreement “were those who subscribed to the Sirius satellite radio service.”