Non competes and Howie Carr

[Dan.Strassberg]

I think the problem is that none of the three specified methods of
termination of the contract seem to apply to Carr (at least they
didn't apply when his contract was up for renewal on 2007 and he tried
to walk). His contract had not yet expired (hadn't it, in fact, been
recently renewed?). It was not being terminated by mutual agreement,
and Entercom did not terminate it.

-----
Dan Strassberg (dan.strassberg@att.net)
eFax 1-707-215-6367

----- Original Message ----- 
From: "Robert S Chase" <attychase@comcast.net>
To: <boston-radio-interest@tsornin.bostonradio.org>
Sent: Monday, April 19, 2010 3:29 PM
Subject: Non competes and Howie Carr


>
> Joe, I understand what you mean about the contractual provisions
> regarding distribution but what about the Mass Non Compete Statute
> For Broadcast Industry
> vis:
>
> Chapter 149: Section 186. Broadcasting industry; non-compete
> agreements
>
>
> Section 186. Any contract or agreement which creates or establishes
> the terms of employment for an employee or individual in the
> broadcasting industry, including, television stations, television
> networks, radio stations, radio networks, or any entities affiliated
> with the foregoing, and which restricts the right of such employee
> or individual to obtain employment in a specified geographic area
> for a specified period of time after termination of employment of
> the employee by the employer or by termination of the employment
> relationship by mutual agreement of the employer and the employee or
> by termination of the employment relationship by the expiration of
> the contract or agreement, shall be void and unenforceable with
> respect to such provision. Whoever violates the provisions of this
> section shall be liable for reasonable attorneys' fees and costs
> associated with litigation of an affected employee or individual.
>
> I believe this statute was passed after the Jerry Williams situation
> and directly as a result of all of the legislative leaders getting
> jobs at RKO, etc.
>
> By the way, the only other industry that has that type of clause is
> nursing and maybe doctors but I've not looked that up..
>
> However Brownbacker and the other business interests in the
> legislature are trying to get revised non-compete legislation passed
> that would allow the screw job by employers to be resumed and I
> expect would repeal . See H&F's site on same
> http://www.massachusettsnoncompetelaw.com/ I expect that legislation
> would repeal explicitly or implicitly the broadcast non-compete
> clause voiding.
>
>> Message: 1
>> Date: Mon, 19 Apr 2010 02:11:09 -0400
>> From: "A. Joseph Ross" <joe@attorneyross.com>
>> To: revdoug1@myfairpoint.net
>> Cc: bri@bostonradio.org
>> Subject: Re: [Boston_Progressive_Talk] Carr Suspended for a week
>> Message-ID: <4BCBF3FD.13478.A4861A@joe.attorneyross.com>
>> Content-Type: text/plain; charset=US-ASCII
>>
>> On 18 Apr 2010 at 7:07, revdoug1@myfairpoint.net wrote:
>>
>>> Side question:  When Howie was preparing to leave 'RKO for WTKK,
>>> wsn't
>>> there some concern that he wouldn't be able to continue
>>> broadcasting
>>> on his regional "network"?   I'm not sure where "Entercom entity"
>>> ends
>>> and "intellectual property" begins here.  I would think that if he
>>> were to leave, he could establish contracts with his former
>>> "network"
>>> stations and set the whole thing up all over again.  Am I wrong?
>>
>> Depends entirely on what it says in Carr's contract with the
>> station
>> and the contractual arrangements for the distribution of his show
>> to
>> the regional net.
>
>